SCAPIN-1026: APPLICATION FOR REMOVAL OF JAPAN FERTILIZER COMPANY, LTD., (NIPPON HIRYO K.K.) FROM THE SCHEDULE OF RESTRICTED CONCERNS

GENERAL HEADQUARTERS
SUPREME COMMANDER FOR THE ALLIED POWERS

APO 500
15 June 1946

AG 0050 (15 Jun 46) ESS/AC
(SCAPIN-1026)

MEMORANDUM FOR

IMPERIAL JAPANESE GOVERNMENT.

THROUGH

Central Liaison Office, Tokyo.

SUBJECT

Application for Removal of Japan Fertilizer Company, Ltd., (Nippon Hiryo K. K.) from the Schedule of Restricted Concerns.

1. Reference is made to the following Memoranda:
a. Central Liaison Office Memorandum No. 2685 (EF), dated 3 June 1946, subject: “Application of Japan Fertilizer Co. Ltd. and Nissan Chemical Industry Co. re. Release of Former Co. from Schedule of Restricted Concerns (LO 610/231)”;
b. Memorandum for the Imperial Japanese Government from General Headquarters, Supreme Commander for the Allied Powers, file AG 004 (8 Dec 45) ESS/AC (SCAPIN-403), subject: “Establishment of a Schedule of Restricted Concerns”;
c. Memorandum for the Imperial Japanese Government from General Headquarters, Supreme Commander for the Allied Powers, file AG 004 (21 May 46) ESS/AC (SCAPIN-972), subject: “Addition of Nissan Chemical Industrial Company, Ltd., and its Subsidiaries to Schedule of Restricted Concerns.”
2. Referenced Memorandum 1a, above, forwards application of the Japan Fertilizer Company, Ltd., and Nissan Chemical Industry Company, Ltd., for the removal of the former Company from the Schedule of Restricted Concerns established by referenced Memorandum 1b, above, to which it was added by referenced Memorandum 1c, above.
3. The Japan Fertilizer Company, Ltd., (Nippon Hiryo K. K.) is hereby removed from the Schedule of Restricted Concerns and the addition thereto, referred to in subparagraphs 1b and c, above, respectively.

FOR THE SUPREME COMMANDER:

JOHN B. COOLEY,
Colonel, AGD,
Adjutant General.

MEMO FOR RECORD: (SCAPIN - 1026)
WFM/JMcIH/FCH/mcf
7 June 1946
1. CLO Memorandum No. 2685 (EF), 3 June 1946, forwards application of Japan Fertilizer Company, Ltd., and Nissan Chemical Industry Company, Ltd., for the removal of the former Company from the Schedule of Restricted Concerns, established by SCAP Memorandum AG 004 (8 Dec 45) ESS/AC (SCAPIN-403), subject: "Establishment of a Schedule of Restricted Concerns, " to which it was added by SCAP Memorandum AG 004 (21 May 46) ESS/AC (SCAPIN-972), subject: "Addition of Nissan Chemical Industrial Company, Ltd., and its Subsidiaries to Schedule of Restricted Concerns."
2. Prior to restricting the subject Company, a report submitted by the Nissan Chemical Industrial Company, Ltd., showed that it owned seventeen (17) percent of the stock of the Japan Fertilizer Company, Ltd. The Japan Fertilizer Company, Ltd., was therefore added to the aforesaid Schedule of Restricted Concerns as a subsidiary of Nissan Chemical Industrial Company, Ltd. Subsequently, it appeared that the percentage owned by the parent company is only 4.5 percent. Since the Japan Fertilizer Company, Ltd., is not a subsidiary of the parent company, within the meaning of SCAP Memorandum AG 319.1 (22 Oct 45) ESS/IE (SCAPIN-177), subject: "Reports to be Made by Certain Business Firms," there is no reason why it should remain as a Restricted Concern. Consequently, the attached Memorandum removes the subject company from the Schedule of Restricted Concerns.
3. The interests of USAFIK have been considered. This action does not affect the Korean area.
4. This is considered an administrative matter.
5. Concurrences: Finance Division, ESS (Lt. Col. O. J. McDiarmid); Industrial Division, ESS (Maj. R. C. Purl);
Legal Division, ESS (Lt. Col. E. R. Minnich).
J. McI. H.