GENERAL HEADQUARTERS
SUPREME COMMANDER FOR THE ALLIED POWERS

APO 500
5 August 1947

AG 560 (5 Aug 47) GD
(SCAPIN-1758)

MEMORANDUM FOR	JAPANESE GOVERNMENT.
THROUGH	Central Liaison Office, Tokyo.
SUBJECT	Exercise of Jurisdiction over Vessels.

1. The Japanese Government, and its tribunals and agencies, may exercise jurisdiction over vessels within its territorial waters if, in the case in which the vessel is involved, it would be authorized, under existing directives, to exercise jurisdiction over both the owner and the charterer or other authorized user or possessor of the vessel, and, also, would be authorized to exercise jurisdiction over the particular offense involving the vessel.
2. In accordance with the foregoing general principle, jurisdiction over vessels will be exercised as follows:
a. The Japanese Government, and its tribunals and agencies, will not exercise any jurisdiction over vessels owned or chartered by, or in the authorized possession of, a United Nations national, or organization (including a corporation), who is attached to or is accompanying the Allied Armed Forces.
b. (1) In criminal cases in which vessels are involved, the Japanese Government, and its tribunals and agencies, will not exercise any jurisdiction over the vessels if they are owned, or chartered by, or in the authorized possession of, one of the United Nations, or any national of such nation, including vessels owned or chartered by, or in the authorized possession of, Formosans who, at the time, are in fact, inhabitants and residents of the Island of Formosa, and, thereby, have acquired Chinese nationality or citizenship.
(2) In civil cases involving vessels, subject to review by occupation authorities, the Japanese Government, and its tribunals and agencies, may exercise jurisdiction over the vessels, unless such vessels are owned or chartered by, or are in the authorized possession of, a United Nations national, or organization (including a corporation), who is attached to or is accompanying the Allied Armed Forces, in which case paragraph “a” above applies.
c. The Japanese Government, and its tribunals and agencies, subject to review by occupation authorities, may exercise jurisdiction over vessels in its territorial waters, which are owned by persons who are not nationals of one of the United Nations, unless such vessels have been chartered to, or are in the authorized possession of, one of the United Nations or a national of one of the United Nations, in which case paragraph “b” above applies.
d. The Japanese Government, and its tribunals and agencies, subject to review by occupation authorities, may exercise jurisdiction over vessels owned by Formosans who are residents of Japan, except that in criminal cases involving such vessels the Japanese Government, and its tribunals and agencies, will not exercise jurisdiction if such Formosans possess registration certificates duly issued by the Chinese Government, or by the Chinese Mission in Japan, or if such vessels have been chartered to, or otherwise transferred to the authorized possession of one of the United Nations, or its nationals, in which case sub-paragraph “b”, above applies.
3. Vessels from Korea, the Marianas, the Ryukyus and other places occupied by the Allied Occupation Forces, which carry duly authenticated documents purporting to be clearance papers from military government officers, or duly authorized port authorities, will be recognized by the Japanese Government as having entered Japanese territorial waters and ports legally. However, such vessels will be subject to the jurisdiction of the Japanese Government, and its tribunals and agencies, if, after entry into Japanese territorial waters, and ports, they are used for illegal purposes, or are involved in illegal acts, which would make such vessels answerable to the Japanese law; but the Japanese Government will obtain the approval of the Allied occupation authorities before taking jurisdiction in such cases,
4. In cases involving personnel of vessels, the Japanese Government, and its tribunals and agencies, will exercise the same jurisdiction over such persons as they do under existing directives with respect to the exercise of jurisdiction over persons.
5. This directive will not be applicable to vessels abandoned in Japanese territory and waters, if the vessels are, in fact, abandoned.

FOR THE SUPREME COMMANDER:

R.M. LEVY,
Colonel, AGD,
Adjutant General.