President desires that it be made clear to all appropriate officers of the Government that we expect to be consulted on any arrangements as to the future of Southeast Asia. In your discretion please inform the Foreign Office of this Government's position on some appropriate occasion and in such manner as you deem advisable. Please inform Schoenfeld 9 citing this as Department's Neter No. 12. Sent to London, repeated to Paris as Department's 497. STETTINIUS Agreement No. 36 90 Agreement Between the United States and the Netherlands Indies 91 PRINCIPLES GOVERNING ARRANGEMENTS FOR CIVIL ADMINISTRATION AND JURISDICTION IN NETHERLANDS TERRITORY IN THE SOUTHWEST PACIFIC AREA The discussions which have taken place between the Netherlands and the United States representatives concerning the principles which will govern questions of civil administration and jurisdiction of Netherlands territory in the Southwest Pacific Area liberated by Allied forces under the Commander in Chief of that area, have led to agreement upon the following broad conclusions. The principles set out below are designed to provide a practical solution of immediate problems and to facilitate as far as possible the work of the Commander in Chief and thereby the common purpose of the Allied Governments, to expel the Japanese from the Netherlands Indies and gain final victory over Japan. It is understood that these arrangements in no way affect the sovereignty of the Netherlands Government. 1. In combat areas, it is recognized that the Commander in Chief, Southwest Pacific Area, will, to the extent necessitated by the military situation, possess de facto authority to take all necessary measures. 89 Rudolf E. Schoenfeld, Minister-Counselor of Embassy near the Governments of Belgium, Czechoslovakia, Netherlands, Norway, and Poland, established in England. 90 Filed in the Office of the Legal Adviser. 91 In a letter of transmittal on December 10 to Dr. H. J. van Mook, General MacArthur said he had been authorized "to formalize the agreement which you and I reached informally during your visit to Australia last March" and that "All details of the draft which was prepared at that time have been approved, with the exception of a minor change in the wording of the second paragraph of the preamble." In reply the same day, Dr. van Mook accepted and signed the draft agreement and suggested that Australia be informed of the contents of the agreement. On December 22 General MacArthur wrote Dr. van Mook that he was writing the Australian Prime Minister and suggested that the Netherlands similarly inform Australia. (Copies of letters of December 10 and 22, 1944, are filed in the office of the Legal Adviser.) 2. It is agreed that the Netherlands Government will resume as rapidly as practicable, even in combat areas, full responsibility for the civil administration of reoccupied Netherlands territory. To accomplish this, it will reestablish the Netherlands Indies administrative and judicial services as rapidly as possible and will make available key members of its civil administrative service to accompany the military forces reoccupying Netherlands territory. The Commander in Chief will, as rapidly and as fully as the military situation in his judgment permits, notify the Lieutenant-Governor-General of the extent to which such responsibility should be resumed. 3. As long and in so far as the full responsibility for the civil administration has not yet been transferred to the Netherlands Government, the allied military commanders will, as a rule, for matters relative to the civilian population, make use of the intermediary of the Netherlands Indies civil affairs officers available in the area. 4. The Netherlands Indies Government will, in any territory wherein it has resumed responsibility for the civil administration, render all possible assistance to the Commander in Chief in the prosecution of the war, particularly with reference to the use of ports, lines of communication and airfields and other facilities of military importance. 5. Appointments in the Netherlands Indies administrative and judicial services will be made by the competent Netherlands Indies authorities in accordance with Netherlands Indies law. 6. Members of the Netherlands armed forces serving in Netherlands units with the Allied forces in Netherlands territory shall come under the exclusive jurisdiction of Netherlands courts. Netherlands subjects who, at the time of entering the Netherlands Indies, are serving as members of the Allied forces under conditions which render them subject to the naval, military or air force law of another Allied Government, will not be regarded as members of the Netherlands armed forces for this purpose. 7. In the exercise of jurisdiction over civilians, the Netherlands Indies authorities will make the necessary arrangements for ensuring the speedy trial in the vicinity by Netherlands Indies courts of such civilians as are alleged to have committed offences against the persons, property or security of the Allied forces, without prejudice however to the power of the Commander in Chief, Southwest Pacific Area, if military necessity in his judgment so requires, to bring to trial before a military court any such civilian. 8. Without prejudice to the provisions of paragraph 14, the Service courts and authorities of the Allies whose forces are cooperating with the Netherlands forces in the liberation of Netherlands territory will have exclusive jurisdiction over all members of their respective forces and over all persons of non-Netherlands nationality not belonging to such forces who are employed by or who accompany those forces and are subject to their naval, military or air force law. The question of jurisdiction over such merchant seamen (of non-Netherlands nationality) as are not subject to Allied Service law will require special consideration and should form the subject of a separate agreement. 9. a. Persons who are subject to the exclusive jurisdiction of Netherlands authorities, as mentioned in paragraph 6, may, in the absence of Netherlands authorities, be arrested by Allied military police and detained by them until they can be handed over to competent Netherlands authorities. b. Persons subject to the exclusive jurisdiction of the Allied Service courts and authorities, as mentioned in paragraph 8, may, however, be arrested by the Netherlands Indies police for offences against Netherlands Indies law and detained until they can be handed over to the appropriate Allied Service authority. A certificate signed by an Allied Service officer of field rank or its equivalent, that the person to whom it refers belongs to one of the classes to whom paragraph 8 applies, will be conclusive. The procedure for handing over such persons is a matter for local arrangement. 10. The Commander in Chief, Southwest Pacific Area, and the Netherlands Indies authorities will take the necessary steps to provide machinery for such mutual assistance as may be required in making investigations, collecting evidence and securing the attendance of witnesses in relation to cases triable under their respective jurisdictions. 11. Members of the Allied forces referred to in paragraph 8 and organizations and persons employed by or accompanying those forces, and all property belonging to them or to their Governments, shall be exempt from all Netherlands Indies taxation (including customs) except as may be subsequently agreed between the Netherlands Government and the Allied Governments concerned. The authorities of such forces will take the necessary steps to ensure that such property is not sold to the public in the Netherlands Indies except in agreement with the Lieutenant-Governor-General. 12. The Netherlands Indies authorities, in accordance with Netherlands Indies law, will make available to the Commander in Chief, Southwest Pacific Area, such labor, billets and supplies, the use of lands, buildings, transportation and other services as he may request for the military needs of his command. 13. The immunity from Netherlands Indies jurisdiction and taxation resulting from paragraphs 8 and 11 will extend to such selected civilian officials and employees of the Allied Governments present in the Netherlands Indies on duty in furtherance of the purposes set forth in the preamble hereto, as may from time to time be notified by the Commander in Chief, Southwest Pacific Area, to the LieutenantGovernor-General. 14. Should circumstances in future be such as to require provision to be made for the exercise of jurisdiction in civil matters over nonNetherlands members of the Allied forces present in the Netherlands Indies, the Allied Governments concerned and the Netherlands Government will consult together as to the measures to be adopted. 15. Other questions arising as a result of the liberation of Netherlands territory by Allied forces (in particular questions relating to finance and currency, the handling of claims for compensation for damage or injury preferred by Netherlands subjects) which are not dealt with in this statement of principles are subject to separate agreement as far as necessary. 16. It is understood that when changes in the situation make it urgently necessary, the Commander in Chief, Southwest Pacific Area, and the Lieutenant-Governor-General may by mutual agreement temporarily modify or suspend the application of any of the provisions of this agreement, subject to later confirmation by the United States and Netherlands Governments. H. J. VAN MOOK Lieutenant-Governor-General, Netherlands Indies. 10 DECEMBER 1944. DOUGLAS MACARTHUR Commander in Chief, Southwest Pacific Area. 554-184-65---82 KOREA INTEREST OF THE UNITED STATES IN THE FUTURE STATUS OF KOREA AND THE QUESTION OF RECOGNITION OF A PROVISIONAL KOREAN GOVERNMENT1 895.01/325a: Telegram The Secretary of State to the Ambassador in China (Gauss) WASHINGTON, March 28, 1944-3 p. m. 396. Syngman Rhee, Chairman of the Korean Commission in Washington, has applied to the Department for permission for Tjo So-wang, "Minister of Foreign Affairs of the Korean Provisional Government", and four other Koreans (including one woman) now in Chungking to visit the United States for the alleged purposes of securing firsthand information regarding the situation here and of endeavoring to bring about closer cooperation among the various Korean organizations in this country. At your discretion please discuss the proposed visit informally with U.S. Army authorities and possibly with appropriate Chinese and telegraph your comments and recommendations. For your confidential information it is not unlikely that underlying purposes of the proposed visit of these Koreans are (1) to bring about recognition by this Government of the "Korean Provisional Government"; (2) to induce this Government to grant Lend-Lease aid to their organization here and in China; and (3) to give support to the position of Syngman Rhee which is believed to be somewhat insecure. HULL 895.01/328: Telegram The Ambassador in China (Gauss) to the Secretary of State CHUNGKING, April 13, 1944-1 p. m. [Received 9:38 p. m.] 647. As Korean representative here had previously indicated to Embassy Chinese authorities would not permit Koreans to send representatives abroad, I took up informally with Foreign Minister 2 April 4 and 12 matter of proposed visit of five Koreans to United States 1 1 Continued from Foreign Relations, 1943, vol. III, pp. 1090-1096. T. V. Soong. |