SCAPIN-45: CONTROL OF FINANCIAL TRANSACTIONS

OFFICE OF THE SUPREME COMMANDER
FOR THE ALLIED POWERS

APO 500
22 September 1945

AG 130. (22 Sep 45) ESS
(SCAPIN-45)

MEMORANDUM FOR

The Imperial Japanese Government.

THROUGH

Central Liaison Office, Tokyo.

SUBJECT

Control of Financial Transactions.

1. The Imperial Japanese Government will immediately make such amendments to its laws and will take such other action as may be required to prevent and prohibit, without the prior permission of the Ministry of Finance, all transactions involving any of the following:
(a) Gold or silver coins.
(b) Gold, silver, or platinum bullion, or alloy thereof in bullion form:
(c) External assets owned, or controlled, directly or indirectly in whole or in part, by any person in Japan;
(d) Property in Japan which is, or on or since 7 December, 1941, has been owned or controlled directly or indirectly, in whole or in part, by any person outside of Japan.
(e) Transactions in foreign exchange.
2. Definitions of the terms used in this memorandum are set forth in Appendix A attached hereto.
3. No transaction specified in the foregoing will be permitted by the Ministry of Finance without the prior approval of the Supreme Commander.
4. Six copies of all applicable laws, as amonded to comply with the foregoing provisions, shall be furnished to the Supreme Commander. Such copies shall contain both the English and Japanese texts.
5. An acknowledgment of this memorandum is requested.

FOR THE SUPREME COMMANDER:

/s/ Harold Fair
HAROLD FAIR
Lt Colonel, A.G.D.,
Asst. Adjutant General.

1 Incl: Appendix "A" - Definitions of torms.

Appendix A
DEFINITIONS
1. The term “laws” shall include, but not by way of limitation laws, decrees, ordinances, regulations and other enactments.
2. The term “person” shall include any individual, partnership, association, corporation, or other organization, and any government, including political subdivisions, agencies, or instrumentalities thereof.
3. The term “transaction” shall include any purchase, sale, acquisition, transfer, payment, withdrawal, disposition, importation, or exportation of, dealing in, or exercising any right, power, or privilege with respect to, any roperty.
4. The term “property” shall include money, checks, drafts, bullion, bank deposits, savings accounts, and debts, indebtedness or obligations, financial securities commonly dealt in by bankers, brokers and investment houses, notes, debentures, stocks, bonds, coupons, bankers’ acceptances, mortgages, pledges, liens or other rights in the nature of security, warehouse receipts, bills of lading, trust receipts, bills of sale, any other evidences of title, ownership, or indebtedness, goods, wares, merchandise, chattels, stocks on hand, ships, goods on ships, real estate mortgages, vendors’ sales agreements, land contracts, real estate and any interest therein, leaseholds, ground rents, options, negotiable instruments, trade acceptances, royalties, book accounts, accounts receivable, judgments, patents, trademarks, copyrights, contracts or licenses affecting or involving patents, trademarks or copyrights, insurance policies, safe deposit boxes and their contents, annuities, pooling agreements, contracts of any nature whatsoever, etcetera.
5. The term “transactions in foreign exchange” shall include, but not by way of limitation, any transaction involving any foreign currency, any payment or transfer to or from any foreign country, any transfer of credit, or payment of an obligation, expressed in terms of a foreign currency, any purchase, sale, transfer or other dealing in any foreign currency, any financial or property transaction between a person in Japan and a person outside of Japan, whether or not expressed in terms of any foreign currency, and any transaction involving any obligation owed by any person in Japan to any person outside of Japan or owed by any person outside of Japan to any person in Japan.
6. The term “external assets” shall include, but not by way of limitation:
(1) Any property physically situated outside of Japan:
(2) Any claims, demands, bank deposits, savings accounts, and credits which are the obligations of persons outside of Japan:
(3) Any securities, checks, drafts, notes, receipts, insurance policies, or other evidences of ownership or indebtedness issued by, or which are the obligation of, any person outside of Japan;
(4) Any copyright, patents or trademarks, issued by any country other than Japan, and any contracts or licenses relating thereto:
(5) Any currency except, supplemental yen currency, type “B”, Bank of Japan notes and Japanese state notes and coins.