GENERAL HEADQUARTERS
SUPREME COMMANDER FOR THE ALLIED POWERS
APO 500
22 November 1946
AG 386.3
(22 Nov 46)
CPC/FP
(SCAPIN-1354)
IMPERIAL JAPANESE GOVERNMENT. |
Central Liaison Office, Tokyo. |
Restitution of United Nations Nationals’ Property Wrongfully Transferred. |
1. Reference is made to Memorandum for Imperial Japanese Government, AG 386.3 (6 May 46) CPC, SCAPIN 926, 6 May 1946, subject “Procedure for Returning Property in Japan to Nationals of the United Nations,” from General Headquarters, Supreme Commander for the Allied Powers.
2. The “Receipt Form” attached to the above referenced memorandum as Part 2, Annex A, is hereafter absolute and the “Receipt Form” attached hereto as Annex A is substituted therefore.
3. The Imperial Japanese Government is directed to provide the necessary procedures for the restitution of properties owned by United Nations Nationals in Japan on 7 December 1941, which have been the subject of transfer under duress, wrongful acts of confiscation, dispossession or spoilation, whether pursuant to legislation or by procedure purporting to follow forms of law or otherwise, and such restitution will be made under conditions as follows:
a. General Headquarters, Supreme Commander for the Allied Powers will issue a directive to the Imperial Japanese Government in each case of restitution, stating time and place for delivery of property to be restored and transfer of title thereto.
b. Receipt in the form of the “Receipt for Restitution to United Nation National of Wrongfully Transferred Property in Japan” attached hereto as Annex A, and containing all provisions therein, will be executed in original and seven copies and distributed in accordance with distribution as shown on the battom of page 2 of the receipt form. All copies will be signed.
c. Separate pages will be used where space provided in “Receipt for Restitution to United Nation National of Wrongfully Transferred Property in Japan” is insufficient and notation to that effect inserted in space provided.
d. Receipt will be the result of a joint inventory by the Restoree and Representative of the Imperial Japanese Government.
4. In each case of restitution the Representative of the Imperial Japanese Government will present to the Military Government Officer in the locality in which the property to be restituted is located a copy of the Directive requirirg the restitution. The Military Government Officer or his representative will witness the restitution.
FOR THE SUPREME COMMANDER:
JOHN B. COOLEY,
Colonel, AGD,
Adjutant General.
1 Incl: Receipt for Restitution to United Nation National of Wrongfully Transferred Property in Japan.
RECEIPT FOR RESTITUTION TO UNITED NATION NATIONAL OF WRONGFULLY TRANSFERRED PROPERTY IN JAPAN
Page 1
File No.________________________
LAND AND BUILDINGS
STOCKS AND BONDS
MERCHANDISE (separate list)
HOUSEHOLED GOODS & PERSONAL EFFECTS (separate list)
CASH AND DEPOSITS
OTHER ASSETS
The signatures of the Restoree and the authorized representative of the Imperial Japanese Government, respectively, which appear on this document, attest to the fact that the Imperial Japanese Government has on this date delivered and transferred and thereby restored property as listed with title thereto and custody thereof to the Restoree pursuant to the Supreme Commander for the Allied Powers' instructions to the Imperial Japanese Government as contained in SCAPIN 1354, subject, "Restitution of United Nations Nationals' Property Wrongfully Transferred," AG 386.3 (22 Nov 46)CPC/FP, dated 22 November 1946, and the Restoree has accepted such delivery, restoration,
ANNEX A
Inclosure 1 to SCAPIN 1354
RECEIPT FOR RESTITUTION TO UNITED NATION NATIONAL OF WRONGFULLY TRANSFERRED PROPERTY IN JAPAN
Page 2
File No.________________________
ownership and custody of such property from the Imperial Japanese Government. Such delivery, restoration, transfer of title, custody and acceptance are hereby acknowledged, upon conditions as follows:
1. Restoree agrees to remit to the Imperial Japanese Government the amount of funds received as payment for the property at the time of transfer or which was deposited in a blocked account in the name of the Restoree upon being sold by the Imperial Japanese Government. However, Payment of such amounts shall be made only after settlement of claims for loss or damage.
2. The return of the above listed property to Restoree as is does not prejudice the claim of Restoree against the Imperial Japanese Government and/or Japanese nationals for damages to property, rent, depreciation, and other ascertainable losses.
3. All funds derived from transactions involving the property and deposited in a blocked bank account in the name of Restoree subsequent to 7 December 1941 will be unblocked and Restoree permitted to draw upon them. However, withdrawals from such accounts will be subject to general applicable restrictions.
4. The restoration of property to Restoree does not prevent the property from being assigned to reparations as a prior claim, but in such case Restoree shall not be precluded from other means of redress.
5. The restoration of property to Restoree shall not be considered as the basis for permission to operate the property in case special permission of General Headquarters, Supreme Commander for the Allied Powers, is required.
6. It is understood and agreed that Restoree will make appropriate, equitable adjustment and abide by any Inter-Allied decision with respect to any conflicting claims to the property, described above and hereby returned to him, that may be made by other nations or their nationals.
7. Anyone injured by the restoration of the property to Restoree shall look to the Imperial Japanese Government for relief.
Dated at______________________________________
this ___________day of _____________, 1946
Name____________________ Name ______________________ Capacity______________
Nationality _________________ on behalf of the Imperial Japanese Government.
Address _______________________
_______________________ Seal
Capacity ______Restoree________
Witness:
Name _________________________
Capacity _______________________
Distr. - 4 copies (including orig) - General Headquarters, Supreme Commander for the Allied Powers
2 copies - Restpree
2 copies - Imperial Japanese Government
