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12. The power to grant clemency, reduce sentences, parole and pardon with respect to the war crimes sentences imposed by military tribunals of the Allied Powers on persons who are incarcerated in Japan may not be exercised except jointly by Japan and the Government or Governments which imposed the sentence in each instance. In the case of the persons sentenced by the International Military Tribunal for the Far East, such power may not be exercised except jointly by Japan and a majority of the Governments represented on the tribunal.
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Page 2476igation to make restitution applies koan Identifiadie property at
The present in Japan which was removed by force or duress by any of the Axis Powers from the territory of any of the United Nations, irrespective of any subsequent transactions by which the present holder of any such property has secured possession.
3. The Japanese Government shall return the property referred to in para- graph 1 in good order, and, in this connexion, shall bear all the costs in Japan relating to labour, materials and transport. Should the owner wish to retain such property of a movable character in Japan, customs duties and other charges normally payable on importation of such goods shall not be levied.
4. The Japanese Government shall co-operate with the United Nations in, and shall provide at its own expense all necessary facilities for, the search for and restitution of property liable to restitution under this article.
5. The Japanese Government shall take the necessary measures to effect the return of property covered by this Article held in any third country by persons natural or juridical subject to Japanese jurisdiction.
6. Claims for the restitution of property shall be presented to the Japanese Government by the Government of the country from whose territory the property
was removed.
7. The burden of identifying the property and of proving ownership shall rest on the claimant Government, and the burden of proving that the property was not removed by force or duress shall rest on the Japanese Government.
8. The Japanese Government shall restore to the Government of the United Nation concerned all monetary gold looted by or wrongfully removed to Japan or shall transfer to the Government of the United Nation concerned an amount of gold equal in weight and fineness to that looted or wrongfully removed. This obligation is recognised by the Japanese Government to exist irrespective of any transfers or removals of gold from Japan to any other Axis Power or a neutral country.
Section III. Renunciation of Claims by Japan
ARTICLE 25
1. Japan waives, on behalf of the Japanese Government and Japanese nationals, all claims of any description against the Allied and Associated Powers and their nationals arising directly out of the war or out of actions taken because of the existence of a state of war in Europe after 1st September, 1939, whether or not the Allied or Associated Power was at war with Japan at the time, including the following:
(a) Claims for losses or damages sustained as a consequence of acts of forces
or authorities of the Allied or Associated Powers;
(b) Claims arising from the presence, operations or actions of forces or autho-
rities of the Allied or Associated Powers in Japanese territory;
(c) Claims with respect to the decrees or orders of Prize Courts of Allied or Associated Powers, Japan agreeing to accept as valid and binding all decrees and orders of such Prize Courts on or after 1st September, 1939, concerning Japanese ships or Japanese goods or the payment of costs; (d) Claims arising out of the exercise or purported exercise of belligerent rights; (e) Claims in respect of work done or services rendered by Japanese prisoners
of war or Japanese surrendered personnel;
(f) Claims and debts in respect of prisoners of war whether based on the Con- vention on Prisoners of War signed at Geneva on 27th July, 1929, or otherwise.
2. The provisions of this Article shall bar, completely and finally, all claims of the nature referred to herein, which will be henceforward extinguished, whoever may be the parties in interest. The Japanese Government agrees to make equitable compensation in yen to persons natural or juridical who furnished supplies or services on requisition to the forces of Allied or Associated Powers in Japanese territory and in satisfaction of non-combat damage claims against the forces of Allied or Associated Powers arising in Japanese territory.
3. Japan likewise waives all claims of the nature covered by paragraph 1 of this Article on behalf of the Japanese Government or Japanese nationals against any of the United Nations which broke off diplomatic relations with Japan and which took action in 28-operation with the Allied and Associated Powers.
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