SCAPIN-408/1: SUPPLEMENT TO SCAPIN 408: REGULATIONS AFFECTING RESTRICTED CONCERNS; PROVISION FOR SPECIFIC CRIMINAL PENALTIES
GENERAL HEADQUARTERS
SUPREME COMMANDER FOR THE ALLIED POWERS
APO 500
22 May 1948
AG 300.8
(22 May 48)
ESS/AC
(SCAPIN- 408/1)
| MEMORANDUM FOR | IMPERIAL JAPANESE GOVERNMENT. |
|---|---|
| THROUGH | Central Liaison Office, Tokyo. |
| Subject | Supplement to SCAPIN 408: Regulations Affecting Restricted Concerns; Provision for Specific Criminal Penalties. |
1. Reference Memorandum for the Japanese Government from General Headquarters, Supreme Commander for the Allied Powers, AG 300. 8 (8 Dec. 45) ESS/AC. SCAPIN 408, 8 December 1945, subject: Rogulaions Affecting Restricted Concerns.
2. The Japanese Government will take immediate action to implement the reference memorandum by providing for punishment for violation of ordinances or orders issued pursuant thereto, by penal servitude or imprisonment not to exceed three (3) years, or by criminal fine not to exceed five hundred thousand (¥500,000.) yen, or both.
3, The action taken shall be by Cabinet Order amending Imperial Ordinance No. 657 of 1945.
FOR THE SUPREME COMMANDER:
R. M. Levy,
Colonel, AGD,
Adjutant General.
MEMO FOR RECORD : (SCAPIN - 408/1)
WFM/ECW/LNS/JR/hs
4 May 1948
1. Reference is SCAP Memorandum AG 300.8(8 Dec 45)ESS/AC, SCAPIN 408, subject: Regulations Affecting Restricted Concerns.
2. In compliance with reference memorandum, the Japanese Government promulgated Imperial Ordinance No. 657 on 22 November 1945. This ordinance restricts the activities of certain designated companies, prohibits activity by them outside the usual course of business without SCAP approval, and provides criminal penalties consisting of penal servitude or imprisonment not to exceed three (3) years or fine not to exceed five thousand (¥5,000.) yen for violation.
3. The staff personnel of ESS/AC concerned with the enforcement of the reference memorandum and above ordinance considers the amount of maximum fine to be inadequate. It has been found that such penalties are insufficient to act in any respect as a deterrent to violations.
4. Accordingly, the subject memorandum directs the Japanese Government to take immediate action by Cabinet Order to amend Imperial Ordinance No. 657 by increasing the criminal penalties to penal servitude or imprisonment not to exceed three (3) years, or criminal fine not to exceed five hundred thousand (\500,000.) yen, or both.
5. Action by the Cabinet, rather than the Diet, is considered to be the appropriate and desirable method of amending Imperial Ordinance No. 657 which was promulgated as a result of acceptance of the Potsdam Declaration implemented by the reference memorandum. Since the promulgation of the new Constitution, the Cabinet no longer has emergency powers to fix criminal penalties by Cabinet Order. Consequently, in order to enable the Cabinet to amend the criminal provisions of Imperial Ordinance No. 657 without acting contrary to the Consitution, a SCAP directive in the form of the subject memorandum is required.
6. This is an administrative matter and no surveillance by the Eighth Army is required.
7. The interests of USAFIK are not concerned.
8. Concurrences: Government Section. (Brig. Gen. Courtney Whitney)
J. Rand - 56-8078
E. C. W.
