SCAPIN-1880/4: RESTORATION OF PROPERTY IN JAPAN TO UNITED NATIONS AND THEIR NATIONALS

GENERAL HEADQUARTERS
SUPREME COMMANDER FOR THE ALLIED POWERS

APO 500
7 November 1949

AG 386.3 (22 Apr 48) CPC/FP
(SCAPIN-1880/4)

MEMORANDUM FOR

THE JAPANESE GOVERNMENT.

SUBJECT

Restoration of Property in Japan to United Nations and Their Nationals

1. Reference is made to memorandum for the Japanese Government, file AG 386.3 (22 Apr 48) CPC/FP, SCAPIN 1880,22 April 1948, subject, “Procedures for Restoration of Property in Japan to Nationals of the United Nations," from General Headquarters, Supreme Commander for the Allied Powers.
2. Effective 1 November 1949, the following paragraphs of memorandum referenced in paragraph 1 above are revised to read:
a. Paragraph 9:
“Restoration will be made in accordance with the following provisions:
a. The Civil Property Custodian, General Headquarters, Supreme Commander for the Allied Powers will issue a restoration memorandum in each case of restoration to the appropriate Japanese Government agency, with an information copy to the Secretariat of the Cabinet, Japanese Government. Such memorandum will contain necessary detailed instructions which apply to the particular property concerned.
b. Upon receipt of the restoration memorandum, the appropriate agency of the Japanese Government will effect transfer of title in accordance with instructions contained in such memorandum. Such appropriate agency will furnish documentary evidence of such transfer of title, together with a complete inventory of property being restored and an official final report on the administration of the property from the date of wrongful transfer or seizure, to date of restoration, such report to include a statement of financial transactions and, in case of industrial or 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 referred to in paragraph d hereof.
c. An agreed statement as to the extent and condition of the property being returned will be drawn up at the time of restoration and will be signed by both the restoree and an authorized representative of the Japanese Government. A copy of this statement will be attached to each copy of the receipt referred to in paragraph d hereof.
d. Receipt in the form of the “Receipt for Restoration to United Nations National of Property in Japan” attached hereto and containing all provisions therein, will be executed in original and seven copies and will be distributed in accordance with distribution indicated on the receipt form. All copies will be signed by the restoree and an authorized representative of the Japanese Government. Additional provisions may be included if circumstances require. Distributon of accomplished receipts will be made within ten days from date of signing of the receipt. The signing of the receipt will take place at such location as may be mutually agreeable to the restoree and the Japanese Government agency concerned.
e. All documents and reports referred to in these instructions will be in the English language and those which are translations into English will bear a certification as to correctness and authenticity.”
b. Paragraph 10:
“Direct communication between the Civil Property Custodian, General Headquarters, Supreme Commander for the Allied Powers and appropriate agencies of the Japanese Government is hereby authorized in the implementation of the instructions herein contained. Copies of all such communications will be furnished to the Secretariat of the Cabinet, Japanese Government.”

FOR THE SUPREME COMMANDER:

K.B.BUSH
Brigadier General, AGD,
Adjutant General.

1 Incl
“Receipt for Restoration” form

RECEIPT FOR RESTORATION TO UNITED NATIONS NATIONAL OF PROPERTY IN JAPAN
The signature of the Restoree and the authorized representative of the Japanese Government, respectively, which are hereto subscribed attest to the fact that the Japanese Government has delivered and transferred, and thereby restored possession and custody of the property on the attached list together with the title indicated, to the Restoree, and that the Restoree has accepted such delivery, transfer, restoration, possession and title of the listed property from the Japanese Government. It is hereby acknowledged and agreed that the following conditions shall apply:
1. The return of the listed property to the Restoree is made at no expense to the Restoree and does not prejudice the claim of the Restoree against the Japanese Government ot other enemy governments and/or their nationals for damages to property, rent, depreciation, and other losses.
2. Property is restored free of all legal incumbrances to which it may have become subject subsequent to wrongful transfer or seizure.
3. Restoree agrees to remit to the Japanese Government all funds received as payment for the property at the time of wrongful transfer or confiscation ot which were deposited in a blocked account in the name of the Resoree upon the sale of the property by the Japanese Government. However, payment of such amounts shall be made only after settlement of claims for loss or damage set forth in 1 above.
4. Statement of the condition of the listed property at the time of restoration is attached hereto, has been agree to by the Restoree and the Japanese Government and is hereby binding upon them.
5. Anyone injured by the restoration of the property to Resoree shall look to the Japanese Government for relief.
6. It is understood and agreed that Restoree will make appropriate, equitable adjustment and abide by any inter-allied decisions with respect to any conflicting claims to the property restored that may be made by other nations or their nationals.
Dated at_________________________this _________________________day
of____________________, 194
______________________________________ _____________________________________
Restoree Representative of the Japanese Government
______________________________________ _____________________________________
Nationality Capacity
________________________________________ SEAL
Address
________________________________________
Witness:
_________________________________________
__________________________________________
Capacity
Distr: 4 copies (including orig) - General Headquarters, Supreme Commander for the Allied Powers
2 copies - Restoree
2 copies - Japanese Government
Incl 1 to SCAPIN 1880/4