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14.
CHAPTER VI
Claims and Property
The Allied Powers recognise that Japan lacks the capacity to make pay- ments in bullion, money, property or services which would enable Japan to maintain a viable economy, to meet its obligations for relief and economic assistance furnished since 2nd September, 1945, in furtherance of the objectives of the occupation, and also to make adequate reparation to the Allied Powers for war damage. However, Japan grants to each of the Allied Powers the right to vest, retain and dispose of all property, rights and interests of Japan and of Japanese nationals which between 7th December, 1941, and 2nd September, 1945, were within their territories, or within territories renounced by Japan, or within territory administered by any of them under United Nations trusteeship, except (i) property of Japanese nationals permitted to reside in the territory of one of the Allied Powers and not subjected to special measures prior to 2nd September, 1945; (ii) tangible diplomatic or consular property, not of any expenses incident to its preservation; (iii) property of non-political religious, charitable, cultural or educational institu- tions; (iv) property located in Japan, despite the presence elsewhere of paper or similar evidence of right, title or interest in such property, or any debt claim with respect thereto; and (v) trade-marks identifying products originating in Japan.
In case any Allied Power has taken property, rights or interests of an industrial character of Japan or of Japanese nationals from the territory of another Allied Power, it will account to the other.
Reparations claims of the Allied Powers and their claims for direct military costs of occupation shall be deemed to be satisfied out of the Japanese assets subject to their respective jurisdictions in accordance with the foregoing and out of assets received from the Japanese home islands during the occupation.
(NOTE: The foregoing suggestions regarding reparations are made subject to current exchanges of views.)
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BRITISH DRAFT
Sexton Ĥ7.3 Japanese Assets in Neutral and Ex-enemagogasfan87in Germany
and Austria
ARTICLE 28
1. Japan hereby transfers all assets of whatever nature which, on 2nd September, 1945, were held in the name, or for account, or on behalf of any Japanese National or Corporation or other juridical entity, or of the Japanese Government or any organ or department thereof, or any Japanese public institution and which were located in the territories of countries which were neutral in the war against Japan and in the territories of Germany, Austria, Bulgaria, Hungary, Roumania, Finland, Italy and Thailand, to the representatives in those countries of the states shown against them in the following table:-
Sweden
Switzerland
Afghanistan
Spain
Portugal
The Irish Republic
China U.S.S.R.
United States United Kingdom
China
U.S.S.R.
United States United Kingdom
China
U.S.S.R.
United States
United Kingdom
United States
United Kingdom
United States
United Kingdom China
United States United Kingdom
Germany
United States
Austria
Bulgaria Hungary Roumania Finland
Italy
Thailand
United Kingdom France
U.S.S.R.
United States United Kingdom U.S.S.R.
United States United Kingdom France U.S.S.R.
United States United Kingdom France
United States United Kingdom
2. The Japanese Government shall hold the Governments of the countries enumerated in the first column of the foregoing paragraph free of all liability with regard to these assets.
3. The assets described in paragraph 1 of this Article shall be at the disposal of the countries enumerated in the second column of that paragraph exception being made in the case of any that are subject to a valid and recognised claim for restitu- tion under Article 24, and in the case of Japanese holdings of Swiss francs in all neutral countries, to which certain of the Allied and Associated Powers have a prior claim for restitution as representing payments made by them to the Japanese Government during the period of hostilities for the relief of civilians and prisoners Pafgwar in Japanese hands.