Incoming Message to CINCAFPAC [MacArthur] from Washington (War), nr WCL 32355 [Communiqué of Moscow Conference, December 27, 1945]

TO	:	CINCAFPAC ADV, CG CHINA
FROM	:	WASHINGTON (WAR)
NR	:	WCL 32355

For your information passed herewith is communique of Moscow Conference. Recommend CINCAFPAC pass Korean Section to Seoul. Message from Moscow follows:

The communique agreed to at the Moscow Conference will be issued for release at 10 pm Washington time Thursday December 27 and simultaneously in the other 2 Capitals IE 3 AM December 28 in London and 6 am in Moscow. The text of the communique follows:

The Foreign Ministers of the Union of Soviet Socialist Republics The United Kingdom and the United States of America met in Moscow from December 16 to December 26, 1945 in accordance with the decision of the Crimea Conference confirmed at the Berlin Conference that there should be periodic consultation between them. At the meetings of the 3 Foreign Ministers discussions took place on an informal and exploratory basis and agreement was reached on the following questions.
1. Preparation of peace Treaties with Italy, Rumania, Bulgaria, Hungary and Finland as announced on the 24th of December 1945 the Governments of the Soviet Union the United Kingdom and the United States have agreed and have requested the adherence of the Governments of France and China to the following procedure with respect to the preparation of Peace Treaties. In the drawing up by the Council of Foreign Ministers of Treaties of Peace with Italy, Rumania, Bulgaria, Hungary, Finland only members of the Council who are or under the Terms of the agreement establishing the Council of Foreign Ministers adopted at the Berlin Conference are deemed to be signatory of the surrender terms will participate unless and until the Council takes further action under the agreement to invite other members of the Council to participate on questions directly concerning them that is to say (A) The Terms of the peace treaty with Italy will be drafted by the Foreign Ministers of the United Kingdom the United States the Soviet Union and France (B) The Terms of the Peace Treaties with Rumania Bulgaria and Hungary by the Foreign Ministers of the Soviet Union the United States and the United Kingdom (C) The Terms of the Peace Treaty with Finland by the Foreign Ministers of the Soviet Union and the United Kingdom the Deputies of the Foreign Ministers will immediately resume their work in London on the basis of understandings reached on the questions discussed at the 1st Plenary Session of the Council of Foreign Ministers in London.

2. When the preparation of all these drafts has been completed The Council of Foreign Ministers will convoke a conference for the purpose of considering Treaties of Peace with Italy Rumania Bulgaria Hungary and Finland the Council of Foreign Ministers together with all members of the United Nations which actively waged War with substantial Military Force against European Enemy states namely Union of Soviet Socialist Republics United Kingdom United States of America China France Australia Belgium Byelo-Russian Soviet Socialist Republic Brazil Canada Czechoslovakia Ethiopia Greece India New Zealand Norway Poland Africa Union of South Yugoslavia Ukrainian Soviet Socialist Republic the Conference will be held not later than May 1 1946.

3. After the conclusion of the deliberations of the Conference and upon consideration of its recommendations the States signatory to the Terms of Armistice with Italy Rumania Bulgaria Hungary and Finland--France being regarded as such for the purposes of the Peace Treaty with Italy--will draw up final texts of Peace Treaties.

4. The final texts of the respective peace Treaties as so drawn up will be signed by representatives of the States represented at the Conference which are at War with the Enemy States in question. The texts of the respective Peace Treaties will then be submitted to the other United Nations which are at War with the Enemy States in question.

5. The Peace Treaties will come into force immediately after they have been ratified by the Allied States signatory to the respective Armistices France being regarded as such in the case of the Peace with Italy. These Treaties are subject to ratification by the Enemy States in question.

88 (Far Eastern Commission and Allied Council for Japan)
A Far Eastern Commission agreement was reached with the concurrence of China for the establishment of a Far Eastern Commission to take the place of the Far Eastern Advisory Commission the Terms of Reference for the Far Eastern Commission are as follows:

I. Establishment of the Commission.

A Far Eastern Commission is hereby established composed of the representatives of the Union of Soviet Socialist Republics United Kingdom United States China France The Netherlands Canada Australia New Zealand India and the Philippine Commonwealth.

II. Functions;

A. The functions of the Far Eastern Commission shall be:
(1) To formulate the Policies principles and standards in conformity with which the fulfillment by Japan of its obligations under the Terms of Surrender may be accomplished. (2) To review on the request of any member any directive issued to the Supreme Commander for the Allied Powers or any action taken by the Supreme Commander involving Policy decisions within the jurisdiction of the Commission. (3) To consider such other matters as may be assigned to it by agreement among the participating Governments reached in accordance with the voting procedure provided for in Article V-2 hereunder.
B. The Commission shall not make recommendations with regard conduct of Military Operations nor with regard to Territorial adjustments. The Commission in its activities will proceed from the fact that there has been formed an Allied Council for Japan and will respect existing control machinery in Japan including the chain of Command from the United States Government to the Supreme Commander and the Supreme Commanders Command of Occupation Forces.

III. Functions of the United States Government;

1. The United States Government shall prepare directives in accordance with Policy decisions of the Commission and shall transmit them to the Supreme Commander through the appropriate United States Government Agency. The Supreme Commander shall be charged with the implementation of the directives which express the policy decisions of the Commission.

2. If the Commission decides that any directive or action reviewed in accordance with Article II-A-2 should be modified its decision shall be regarded as a Policy decision.

3. The United States Government may issue Interim directives to the Supreme Commander pending action by the Commission whenever urgent matters arise not covered by Policies already formulated by the Commission provided that any directive dealing with fundamental changes in the Japanese Constitutional structure or in the regime of control or dealing with a change in the Japanese Government as a whole will be issued only following consultation and following the attainment of agreement in the Far Eastern Commission.

4. All Directives issued shall be filed with the Commission.

IV. Other methods of consultation;

The establishment of the Commission shall not preclude the use of other methods of Consultation on Far Eastern Issues by the participating Governments.

V. Composition;

1. The Far Eastern Commission shall consist of 1 representative on each of the States party to this agreement. The membership of the Commission may be increased by agreement among the participating powers as conditions warrant by the addition of representatives of other United Nations in the Far East or having Territories therein the Commission shall provide for full and adequate consultations as occasion may require with Representatives of the United Nations not members of the Commission in regard to matters before the Commission which are of particular concern to such Nations.

2. The Commission may take action by less than unanimous vote provided that action shall have the concurrence of at least a majority of all the Representatives including the Representatives of the 4 following Powers; United States, United Kingdom, Union of Soviet Socialist Republics and China.

VI. Location and Organization.

1. The Far Eastern Commission shall have its Headquarters in Washington. It may meet at other places as occasion requires including Tokyo if and when it deems it desirable to do so. It may make such arrangements through the Chairman as may be practicable for consultation with the Supreme Commander for the Allied Powers.

2. Each Representative on the Commission may be accompanied by an appropriate Staff comprising both Civilian and Military representation.

3. The Commission shall organize its Secretariat, appoint such Committees as may be deemed advisable and otherwise perfect its Organization and procedure.

VII. Termination

1. The Far Eastern Commission shall cease to function when action to that effect is taken by the concurrence of at least a majority of all the Representatives including the Representatives of the 4 following Powers: United States, United Kingdom, Union of Soviet Socialist Republics and China. Prior to the termination of its functions the Commission shall transfer to any interim or permanent security Organization of which the participating Governments are members, those functions which may appropriately be transferred. It was agreed that the Government of the United States on behalf of the 4 Powers should present the terms of reference to the other Governments specified in Article I and invite them to participate in the Commission on the revised basis.

B. Allied Council for Japan;

The following agreement was also reached with the concurrence of China for the establishment of an Allied Council for Japan.

1. There shall be established an Allied Council with its seat in Tokyo under the Chairmanship of the Supreme Commander for the Allied Powers (Or his Deputy) for the purpose of consulting with and advising the Supreme Commander in regard to the implementation of the Terms of Surrender, the Occupation and control of Japan and of Directives supplementary thereto and for the purpose of exercising the control authority herein granted.

2. The membership of the Allied Council shall consist of the Supreme Commander (Or his Deputy) who shall be Chairman and United States member. A Union of Soviet Socialist Republics member a Chinese member and a member representing jointly the United Kingdom, Australia, New Zealand, and India.

3. Each member shall be entitled to have an appropriate Staff consisting of Military and Civilian advisers.

4. The Allied Council shall meet not less often than once every 2 weeks.

5. The Supreme Commander shall issue all Orders for the implementation of the Terms of Surrender, the Occupations and control of Japan and Directives supplementary thereto. In all cases action will be carried out under and through the Supreme Commander who is the sole Executive authority for the Allied Powers in Japan. He will consult and advise with the Council in advance of the issuance of Orders on matters of substance the exigencies of the situation permitting his decisions upon these matters shall be controlling.

6. If, regarding the implementation of Policy, decisions of the Far Eastern Commission on questions concerning a change in the regime of control fundamental changes in the Japanese Constitutional structure and a change in the Japanese Government as a whole. A member of the Council disagrees with the Supreme Commander (Or his Deputy), the Supreme Commander will withhold the issuance of Orders on these questions pending agreement thereon in the Far Eastern Commission.

7. In cases of necessity the Supreme Commander may take decisions concerning the change of individual Ministers of the Japanese Government or concerning the filling of vacancies created by the resignation of individual Cabinet members after appropriate preliminary consultation with the Representatives of the other Allied Powers on the Allied Council.

III. Korea.

1. With a view to the re-establishment of Korea as an independent State, the creation of conditions for developing the Country on Democratic principles and the earliest possible liquidation of the disastrous results of the protracted Japanese Domination in Korea. There shall be set up a provisional Korean Democratic Government which shall take all the necessary steps for developing the industry, transport and Agriculture of Korea and the National culture of the Korean People.

2. In order to assist the formation of a Provisional Korean Government and with a view to the preliminary elaboration of the appropriate measures there shall be established a Joint Commission consisting of Representatives of the United States Command in Southern Korea and the Soviet Command in Northern Korea in preparing their proposals the Commission shall consult with the Korean Democratic Parties and social organizations. The recommendations worked out by the Commission shall be presented for the consideration of the Government of the Union of Soviet Socialist Republics, China, the United Kingdom and the United States prior to final decision by the 2 Governments represented on the joint Commission.

3. It shall be the task of the Joint Commission with the participation of the Provisional Korean Democratic Government and of the Korean Democratic Organizations to work out measures also for helping and assisting (Trusteeship) the Political Economic and Social progress of the Korean People. The development of Democratic self-Government and the establishment of the National Independence of Korea. The proposals of the Joint Commission shall be submitted following consultation with the Provisional Korean Government for the Joint consideration of the Governments of the United States, Union of Soviet Socialist Republics, United Kingdom and China for the working out of an agreement concerning a 4-Power trusteeship of Korea for a period of up to 5 years.

4. For the consideration of urgent problems affecting both Southern and Northern Korea and for the elaboration of measures establishing permanent coordination in Administrative-Economic matters between the United States Command in Southern Korea and the Soviet Command in Northern Korea, a Conference of the Representatives of the United States and Soviet Commands in Korea shall be convened within a period of 2 weeks.

IV. China.

The 3 Foreign Secretaries exchanged views with regard to the situation in China. They were in agreement as to the need for a unified and Democratic China under the National Government, for broad participation by Democratic elements in all branches of the National Government and for a cessation of Civil strife. They reaffirmed their adherence to the Policy of non-interference in the internal affairs of China. Mr. Molotov and Mr. Byrnes had several conversations concerning Soviet and American Armed Forces in China. Mr. Molotov stated that the Soviet Forces had disarmed and deported Japanese Troops in Manchuria, but that withdrawal of Soviet Forces had been postponed until February 1st at the request of the Chinese Government. Mr. Byrnes pointed out that American Forces were in North China at the request of the Chinese Government and referred also to the primary responsibility of the United States in the implementation of the Terms of Surrender with respect to the disarming and deportation of Japanese Troops. He stated that American Forces would be withdrawn just as soon as this responsibility was discharged or the Chinese Government was in a position to discharge the responsibility without the assistance of American Forces. The 2 Foreign Secretaries were in complete accord as to the desirability of withdrawal of Soviet and American Forces from China at the earliest practicable moment consistent with the discharge of their obligations and responsibility.

V. Rumania.

The 3 Governments are prepared to give King Michael the advice for which he has asked in his letter of August 21, 1945 on the broadening of the Rumanian Government. The King should be advised that one member of the National Peasant Party and one member of the Liberal Party should be included to the Government. The Commission referred to below shall satisfy itself that (A) They are truly Representative members of the Groups of the Parties not represented in the Government. (B) They are suitable and will work loyally with the Government.

The 3 Governments take note that the Rumanian Government thus reorganized should declare that free and unfettered elections will be held as soon as possible on the basis of Universal and secret ballot. All Democratic and Anti-Fascist Parties should have the right to take part in these elections and to put forward candidates. The reorganized Government should give assurances concerning the grant of freedom of the press, speech, religion and association. A Y Vyshinski, Mr. Harriman and Sir A Clark Kerr are authorized as a Commission to proceed to Bucharest immediately to consult with King Michael and members of the present Government with a view to the execution of the above-mentioned tasks. As soon as these tasks are accomplished and the required assurances have been received the Government of Rumania with which the Soviet Government maintains diplomatic relations will be recognized by the Government of the United States of America and the Government of the United Kingdom.

VI. Bulgaria.

It is understood by the 3 Governments that the Soviet Government takes upon itself the mission of giving friendly advice to the Bulgarian Government with regard to the desirability of the inclusion in the Bulgarian Government of the Fatherland front now being formed of an additional 2 Representatives of other Democratic Groups who (A) are truly Representative of the Groups of the Parties which are not participating in the Government and (B) are really suitable and will work loyally with the Government. As soon as the Governments of the United States of America and the United Kingdom are convinced that this friendly advice has been accepted by the Bulgarian Government and the said additional Representatives have been included in its body, the Government of the United States and the Government of the United Kingdom will recognize the Bulgarian Government with which the Government of the Soviet Union already has diplomatic relations.

VII. The establishment of the United Nations of a Commission for the control of Atomic Energy.

Discussion of the subject of Atomic Energy related to the question of the establishment of a Commission by the General Assembly of the United Nations. The Ministers of Foreign Affairs of the Union of Soviet Socialist Republics, the United States of America and the United Kingdom have agreed to recommend for the consideration of the General Assembly of the United Nations the establishment by the United Nations of a Commission to consider problems arising from the discovery of Atomic Energy and related matters. They have agreed to invite the other permanent members of the Security Council, France and China, together with Canada to join with them in assuming the initiative in sponsoring the following resolution at the 1st session of the General Assembly of the United Nations in January 1946.

Resolved by the General Assembly of the United Nations to establish a Commission with the composition and competence set out hereunder to deal with the problems raised by the discovery of Atomic Energy and other related matters:

I. Establishment of the Commission.

A Commission is hereby established by the General Assembly with the Terms of reference set out under Section V below.

II. Relations of the Commission with the organs of the United Nations.

A. The Commission shall submit its reports and recommendations to the Security Council and such reports and recommendations shall be made public unless the Security Council in the interest of Peace and Security otherwise directs. In the appropriate cases the Security Council should transmit these reports to the General Assembly and the members of the United Nations as well as to the Economic and Social Council and other organs within the framework of the United Nations.

B. In view of the Security Councils primary responsibility under the Charter of the United Nations for the maintenance of International Peace and Security, the Security Council shall issue directions to the Commission in matters affecting Security on these matters. The Commission shall be accountable for its work to the Security Council.

III. Composition of the Commission.

The Commission shall be composed of 1 Representative from each of those States representated on the Security Council and Canada. When that State is not a member of the Security Council each Representative on the Commission may have such assistants as he may desire.

IV. Rules of procedure.

The Commission shall have whatever Staff it may deem necessary and shall make recommendations for its rules of procedure to the Security Council which shall approve them as a procedural matter.

V. Terms of reference of the Commission.

The Commission shall proceed with the utmost dispatch and inquire into all phases of the problem and make such recommendations from time to time with respect to them as it finds possible in particular. The Commissions shall make specific proposals: (A) For extending between all Nations the exchange of basic scientific information for peaceful ends, (B) For control of Atomic Energy to the extent necessary to ensure its use only for peaceful purposes, (C) For the elimination from National armaments of Atomic Weapons and of all other major weapons adaptable to mass destruction, (D) For effective safeguards by way of inspection and other means to protect complying States against the hazards of violations and evasions.

The work of the Commission should proceed by separate stages the successful completion of each of which will develope the necessary confidence of the World, before the next stage is undertaken.

The Commission shall not infringe upon the responsibilities of any organ of the United Nations but should present recommendations for the consideration of those organs in the performance of their tasks under the terms of the United Nations Charter.

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