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160. POLICY DECISION ON THE PROHIBITION OF MILITARY ACTIVITY IN JAPAN AND THE DISPOSITION OF JAPANESE MILITARY EQUIPMENT, ADOPTED BY THE FAR EASTERN COMMISSION, FEBRUARY 12, 19481

PREAMBLE

In accordance with paragraph 1, Part III of the Basic Post Surrender Policy for Japan, which was adopted unanimously by the Far Eastern Commission on 19 June 1947, and which states, "Disarmament and demilitarization are the initial tasks of the military occupation and shall be carried out promptly and with determination," the Far Eastern Commission approves the following policy decision on the Prohibition of Military Activity in Japan and Disposition of the Japanese Military Equipment.

1. a. For the purposes of this document, the term "military" is defined to mean "military, naval, and air", except where the context otherwise requires.

b. For the purpose of this document "Japanese Armed Forces" are defined to be all Japanese land, sea and air forces; Japanese military and paramilitary organizations, formations and units; gendarmerie and secret military police and their organized Japanese auxiliaries; together with the administrative organs of the armed forces mentioned above.

c. "Japanese military equipment" is defined as:

(1) All arms, ammunition, explosives, military equipment, stores and supplies and other implements of war of all kinds and any equipment, or other property whatsoever belonging to, used by, or intended for use by Japanese armed forces and Japanesecontrolled armed forces or any members thereof.

(2) Naval combatant and auxiliary vessels and craft of all kinds, both surface and submarine, including those under repair, alteration, remodeling, reconstruction, as well as those which were reconstructed for military purposes.

(3) All aircraft of all kinds, both military and civilian, aviation and anti-aircraft equipment and devices.

(4) All military naval and air installations and establishments, including airfields, landing grounds and strips, seaplane bases, naval bases, military equipment of harbors, establishments engaged in military research, military storage depots, including underground depots, all equipment and facilities primarily used for military communication and transport, permanent and temporary land and coast fortification fortresses and other fortified areas, together with plans and drawings of all such fortifications, installations and establishments.

(5) Proving grounds and laboratories, all technical data, patents, plans, inventions and laboratory samples of weapons and means of war, including those which may be or have been under study, in the process of manufacture, finished or patented.

2. Possession of arms, ammunition and implements of war by any Japanese should be prohibited save that the Supreme Commander may authorize the use:

1 Department of State, Documents and State Papers, I, p. 99.

a. by Japanese civil police agencies for the purpose of maintaining law and order of rifles and pistols and the necessary ammunition for them and other small arms exclusively used by civil police.

b. by licensed hunters of duly registered hunting weapons. 3. The development, manufacture, importation and exportation of arms, ammunition and implements of war, and materials intended for military use should be prohibited for Japan, except for the importation of no more than the quantities of arms and ammunition necessary for the purposes mentioned in paragraph 2.

4. The manufacture of aircraft of all kinds should be prohibited in Japan.

5. The construction of any naval combatant and auxiliary vessel or craft, the conversion of any commercial vessel or craft to military purposes, and the reconstruction or remodeling of commercial vessels or craft so as to render them more suitable for military purposes should be prohibited.

6. Military equipment seized from the former Japanese Armed Forces or from members of the Japanese civil populace should after examination be destroyed or scrapped except for:

a. Military equipment required for operational needs of the occupation forces or for the lawful activities of the Japanese civil police;

b. Items convertible to peacetime civilian uses; such equipment may be drawn upon for:

(1) The maintenance and subsistence of the occupation forces, prisoners of war, and nationals of Members of the United Nations;

(2) The relief of the local civilian population to the extent necessary to prevent or alleviate epidemic or serious disease and serious unrest which would endanger the occupying forces and the objectives of the occupation;

(3) Reparations, including such military equipment as:

(a) Plant and machinery for shipbuilding and nautical instruments other than those limited to purposes of an exclusively military nature.

(b) Diving gear,

(c) Optical glass,

(d) Chain and Chain cables,

(e) Machine tools convertible to peacetime uses,
(f) Military research facilities.

7. All former United Nations naval craft, equipment and facilities. found in Japanese possession should be safeguarded and as soon as practicable should be delivered to the nations to which they belong at such points as may be designated by the Supreme Commander for the Allied Powers.

8. Japanese disarmed naval craft may be used for the purpose of repatriation or such other purposes connected with carrying out the terms of surrender as the Supreme Commander may direct.

9. All records of military registration of demobilized personnel from the Army, Navy, Air Forces, gendarmerie and secret police should be confiscated and transferred to the Supreme Commander for the Allied Powers for subsequent destruction. No further records of this nature should be compiled or maintained by the Japanese.

10. Reestablishment of the following should be prohibited: the War and Navy Ministries, the Japanese Imperial High Command, the Supreme Military Council, the Council of Marshals and Admirals, the Inspectorate of Military Training, the Japanese Imperial General Headquarters, the Naval General Headquarters, the Headquarters of Armies and Fleets, and also any military or para-military organizations, military academies and schools, military scientific and research institutions and military laboratories, as well as the Officers Corps in any form. Such demobilization agency as is retained for the purpose of demobilizing returning Japanese Armed Forces should be of a civilian character and should be abolished immediately after completion of the demobilization. The former Japanese demobilization system involving special privileges of demobilized members of the Japanese armed forces should also be abolished.

11. All military and para-military organizations in Japan, including ex-officers' organizations, together with their affiliates and the clubs which were used for making propaganda for militarism and ultranationalism should be dissolved and their revival or establishment in any form, including a disguised form, should be prohibited. The application of this paragraph should extend also to various associations created under the guise of production associations, such as cooperative societies for joint cultivation of land, for fishing, and others, which are composed wholly or substantially of ex-officers of the Army and Navy and gendarmerie and headed by their former military commanders. This paragraph should apply also to any other associations composed wholly or substantially of ex-officers of the Japanese Army and Navy and gendarmerie, ostensibly created for legitimate purposes, but which are, in reality, disguised forms of military or para-military organizations, or which have some other disguised subversive purpose.

12. Military training of the civilian population and military instruction in schools should be prohibited.

13. For the purpose of prevention of the revival of Japanese militarism persons who have at one time fallen within any of the following categories should not be nominated or employed in the government service, public office, or educational institutions except as they may be necessary in performing duties essential to the demobilization of repatriated military and naval personnel.

a. Generals, Admirals, and all other senior officers and all career officers of the Army, Navy, and gendarmerie;

b. Other officers of the Army, Navy and gendarmerie, including members of the reserve, if their employment would harm the cause of peace and security; and

c. Officials of ex-officers' and other military and para-military associations and of bodies closely associated with the armed forces. The Supreme Commander for the Allied Powers may authorize the nomination or employment of a person coming within categories a and c if his record shows that he has been an opponent of Japanese expansionism and totalitarianism.

14. All measures necessary should be undertaken to prevent any revival of the Japanese Army, Navy, gendarmerie, secret police and their administrative organs.

Soviet-Chinese Relations

161. TREATY OF FRIENDSHIP AND ALLIANCE BETWEEN THE REPUBLIC OF CHINA AND THE UNION OF SOVIET SOCIALIST REPUBLICS, MOSCOW, AUGUST 14, 1945 1

The President of the National Government of the Republic of China, and the Presidium of the Supreme Soviet of the U. S. S. R.,

Desirous of strengthening the friendly relations that have always existed between China and the U. S. S. R., through an alliance and good neighborly post-war collaboration,

Determined to assist each other in the struggle against aggression on the part of enemies of the United Nations in this world war, and to collaborate in the common war against Japan until her unconditional surrender,

Expressing their unswerving aspiration to cooperate in the cause of maintaining peace and security for the benefit of the peoples of both countries and of all the peace-loving nations,

Acting upon the principles enunciated in the joint declaration of the United Nations of January 1, 1942, in the Four Power Declaration signed in Moscow on October 30, 1943, and in the Charter of the International Organization of the United Nations.

Have decided to conclude the present Treaty to this effect and appointed as their Plenipotentiaries:

[Here follows a list of the plenipotentiaries.]

Who, after exchanging their Full Powers, found in good and due form, have agreed as follows:

ARTICLE I

The High Contracting Parties undertake in association with the other United Nations to wage war against Japan until final victory is won. The High Contracting Parties undertake mutually to render to one another all necessary military and other assistance and support in this war.

ARTICLE II

The High Contracting Parties undertake not to enter into separate negotiations with Japan and not to conclude, without mutual consent, any armistice or peace treaty either with the present Japanese Government or with any other government or authority set up in Japan which do not renounce all aggressive intentions.

ARTICLE III

The High Contracting Parties undertake after the termination of the war against Japan to take jointly all measures in their power to render impossible a repetition of aggression and violation of the peace by Japan.

In the event of one of the High Contracting Parties becoming involved in hostilities with Japan in consequence of an attack by the latter against the said Contracting Party, the other High Contracting Party shall at once give to the Contracting Party so involved in

1 Department of State, Bulletin, vol. XIV, p. 201.

hostilities all the military and other support and assistance with the means in its power.

This article shall remain in force until such time as the organization "The United Nations" may on request of the two High Contracting Parties be charged with the responsibility for preventing further aggression by Japan.

ARTICLE IV

Each High Contracting Party undertakes not to conclude any alliance and not to take any part in any coalition directed against the other High Contracting Party.

ARTICLE V

The High Contracting Parties, having regard to the interests of the security and economic development of each of them, agree to work together in close and friendly collaboration after the coming of peace and to act according to the principles of mutual respect for their sovereignty and territorial integrity and of non-interference in the internal affairs of the other contracting party.

ARTICLE VI

The High Contracting Parties agree to render each other every possible economic assistance in the post-war period with a view to facilitating and accelerating reconstruction in both countries and to contributing to the cause of world prosperity.

ARTICLE VII

Nothing in this treaty shall be so construed as may affect the rights or obligations of the High Contracting Parties as members of the organization "The United Nations".

ARTICLE VIII

The present Treaty shall be ratified in the shortest possible time. The exchange of the instruments of ratification shall take place as soon as possible in Chungking.

The Treaty comes into force immediately upon its ratification and shall remain in force for a term of thirty years.

If neither of the High Contracting Parties has given notice, a year before the expiration of the term, of its desire to terminate the Treaty, it shall remain valid for an unlimited time, each of the High Contracting Parties being able to terminate its operation by giving notice to that effect one year in advance.

In faith whereof the Plenipotentiaries have signed the present Treaty and affixed their seals to it.

Done in Moscow, the Fourteenth August, 1945, corresponding to the Fourteenth day of the Eighth month of the Thirty-fourth year of the Chinese Republic, in two copies, each one in the Russian and Chinese languages, both texts being equally authoritative.

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