GENERAL HEADQUARTERS
SUPREME COMMANDER FOR THE ALLIED POWERS

APO 500
22 April 1948

AG 386.3 (22 Apr 48) CPC/FP
(SCAPIN-1880)

MEMORANDUM FOR	THE JAPANESE GOVERNMENT.
SUBJECT	Procedures for Restoration of Property in Japan to Nationals of the United Nations.

1. Reference is made to the following:
a. Memorandum to the 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.
b. Memorandum to the Japanese Government, AG 386.3 (22 Nov 46) CPC/FP, SCAPIN 1354, 22 November 1946, subject, “Restitution of United Nations Nationals’ Property Wrongfully Transferred,” from General Headquarters, Supreme Commander for the Allied Powers.
2. Memorandum 1b above is hereby rescinded and this memorandum substituted therefor.
3. The Japanese Government is hereby directed to provide the necessary procedures for restoration to nationals of the United Nations identifiable property, tangible or intangible, which was located in Japan prior to the outbreak of hostilities between their governments and the government of Japan and owned by them at that time or lawfully acquired thereafter, and which has been the subject of transfer under duress, wrongful acts of confiscation, dispossession or spoliation, whether pursuant to legislation or by procedure purporting to follow the form of law, or otherwise, during the event of hostilities by the Japanese Government, members of its armed forces or by official or private Japanese or other individuals or groups, enemies of the United Nations.
4. In the absence of definite proof that no duress or fraud was involved, it will be presumed that all property taken from United Nations nationals was wrongfully seized or transferred, whether or not payment was made at the time of acquisition.
5. Property will be returned as it exists on the date of restoration and, unless other provision is made, title will be restored as it existed prior to wrongful transfer or seizure. Vacant possession of real property will be provided in all cases unless the restoree elects to permit the occupants to remain on the premises or unless the premises are occupied by the Occupation Forces.
6. Property will be restored free of all legal incumbrances to which it may have become subject subsequent to wrongful transfer or seizure.
7. The restoration of property will be made without expense to the United Nation or United Nation national owner and will not prejudice the claim of such owner against the Japanese or other enemy government and/or their nationals for damages to property, rent, depreciation, and other losses.
8. Anyone injured by the above provisions will look to the Japanese Government for relief.
9. Restoration will be made in accordance with the following Provisions:
a. General Headquarters, Supreme Commander for the Allied Powers, will issue a directive to the Japanese Government in each case of restoration stating the time and place for the return of specific property.
b. Trasfer of title will be made at the Judicial Bureau or its branch offices having jurisdiction prior to the date set for restoration.
c. In each case of restoration, the representative of the Japanese Government will present to the Eighth Army Military Government Officer in the locality in which the property to be restored is located a copy of the directive requiring the restoration.
d. Receipt in the form of the “Receipt for Restoration to United Nation National of Property in Japan” attached hereto as Annex A and containing all provisions therein, will be executed in original and seven copies and will be distributed in accordance with the distribution indicated on the receipt form. All copies will be signed by the restoree and an authorized representative of the Japanese Government and will be witnessed by the Eighth Army Military Government Officer or by his representative. Additional provisions may be included if circumstances require.
e. The Japanese Government will furnish at the time of restoration documentary evidence of transfer of title, a complete inventory of the property being returned and an official final report on the administration of the property from the date of wrongful transfer or seizure, to the date of restoration, said report to include a statement of financial transactions and, in the case of industrial and commercial concerns, a closing balance sheet. Copies of documentary evidence of transfer of title, inventory and report on administration will be attached to each copy of the receipt.
f. An agreed statement as to the extent and condition of the property being returned will be drawn up at the time of restoration, will be signed by both the restoree and the authorized representative of the Japanese Government, and will be witnessed by the Eighth Army Military Government Officer or by his representative. A copy of this statement will be attached to each copy of the receipt.
10. Four copies of the accomplished receipt together with all attachments thereto will be submitted to General Headquarters, Supreme Commander for the Allied Powers, within ten days of the completion of the delivery of the property. Documents will be in English and those which are translations will bear a certification as to correctness and authenticity.

FOR THE SUPREME COMMANDER:

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

1 Incl
Receipt for Restoration to United Nation National of Property in Japan.