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SECRET
Enclosure to Despatch No. 806 dated November 19, 1949, from Office of United States Political Adviser for Japan, Tokyo, subject: "Comment on Draft Treaty of Peace with Japan".
DETAILED COMMENT ON NOVEMBER 2 DRAFT TREATY
Preamble. Before the final clause of the mid-paragraph of the preamble insert: "will re-establish Japan in normal international intercourse, will promote the principles of the United Nations, and..."
Article 1. It is believed that consideration should be given to omitting paragraphs 2 and 3, particularly the latter. It appears unlikely that the Japanese will endeavor to set aside the major reforms which have been achieved under the Occupation. To commit Japan by a stipulation in the peace treaty to abide by this program would emphasize the extent to which the reforms are of foreign origin, and it would provide the basis for continued complaint by other Powers against Japan's conduct of her domestic affairs. Communist facility in exploiting such openings leaves little doubt but that the Soviet Union would most profit thereby.
Alternatively, it is suggested that consideration be given to modification of the four numbered paragraphs of Article 1 to read substantially as follows:
1. Japan desires membership in the United Nations, will apply forthwith, and when admitted will accept membership and the obligations contained in the Charter of the United Nations, including the maintenance of international peace and cooperation.
2. Japan desires to participate in, and will apply for admission to, other international agreements to which sovereign states in general are eligible.
3. The Allied and Associated Powers undertake to support Japan's aforementioned applications."
We are of the opinion that it is desirable to give the signatory Powers of the treaty an interest in Japan's admission to the United Nations and other international bodies.
Article 2. This short statement, and the Preamble, are the only friendly and sympathetic notes in the entire treaty. It is recommended that Article 2 be further developed.
Article 3. It is admitted that this Article offers a practical and convenient manner of describing the territories which Japan gives
up and those
