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It became apparent that agreement was impossible and further meetings were useless. The Chinese Foreign Minister who was presiding when the Council adjourned and at whose instance the Council had remained in session from Sunday until Tuesday, stated that under the circumstances he could not ask the Council to continue in session longer.
As the record stands the Foreign Minister of the Soviet Union has not rejected our proposal for a peace conference. During the discussions he admitted it was correct in principle. My hope is that, after he has conferred with his government, his government will agree that the nations that fought the war-the World War-shall have a chance to make the world peace.
The matter that caused the suspension of our work is no trivial or technical question. It presented an issue that had to be met. It is whether the peace shall be made by three or even five nations to the exclusion of other nations vitally concerned in the maintenance and enforcement of the peace which is being prepared.
The issue goes even deeper. The Council of Foreign Ministers acts under the unanimity rule just as the Security Council of the United Nations must act in many important matters, but in the Security Council no nation has the veto power in procedural matters while in the Council of Foreign Ministers one nation can veto all action.
The veto power is a great power and should not be lightly exercised. We are willing to make many concessions but the United States does not believe in agreement at any price.
The power of veto in procedural matters should not be used by the United States or any other nation to coerce the judgment and conscience of fellow nations.
Peace must be based upon mutual understanding and mutual respect. It can not be secured by procedural maneuverings which obscure from the people the real and vital issues upon which their peace depends.
Undeterred by temporary set-backs and ever willing to accord to others that tolerant understanding that we wish others to accord to us, we must not relax in our efforts to achieve a just and lasting peace for ourselves and all nations. "With firmness in the right as God gives us to see the right, let us strive on to finish the work we are in.”
19. INTERIM MEETING OF FOREIGN MINISTERS OF THE UNITED STATES, THE UNITED KINGDOM, AND THE UNION OF SOVIET SOCIALIST REPUBLICS, MOSCOW, DECEMBER 16-26, 1945
(a) Soviet-Anglo-American Communiqué, December 27, 1945 1 The Foreign Ministers of the Union of Soviet Socialist Republics, the United Kingdom, and the United States of America met in Moscow from December 16 to December 26, 1945, in accordance with the decision of the Crimea Conference, confirmed at the Berlin Conference,
Department of State publication 2448, Conference Series 79; Department of State publication 2653' Treaties and Other International Acts Series 1555.
that there should be periodic consultation between them. At the meeting of the three Foreign Ministers, discussions took place on an informal and exploratory basis and agreement was reached on the following questions:
JAMES F. BYRNES
REPORT OF THE MEETING OF THE MINISTERS OF FOREIGN AFFAIRS OF THE UNION OF SOVIET SOCIALIST REPUBLICS, THE UNITED STATES OF AMERICA, THE UNITED KINGDOM
At the meeting which took place in Moscow from December 16 to December 26, 1945 of the Ministers of Foreign Affairs of the Union of Soviet Socialist Republics, the United States of America and the United Kingdom, agreement was reached on the following questions:
I. PREPARATION OF PEACE TREATIES WITH ITALY, RUMANIA,
BULGARIA, HUNGARY AND FINLAND
As announced on the 24th of December, 1945, the Governments of the Soviet Union, the United Kingdom, and the United States have agreed and have requested the adherence of the Governments of France and China to the following procedure with respect to the preparation of peace treaties:
1. In the drawing up by the Council of Foreign Ministers of treaties of peace with Italy, Rumania, Bulgaria, Hungary, and Finland, only members of the Council who are, or under the terms of the Agreement establishing the Council of Foreign Ministers adopted at the Berlin Conference are deemed to be, signatory of the Surrender Terms, will participate, unless and until the Council takes further action under the Agreement to invite other members of the Council to participate on questions directly concerning them. That is to say: A) the terms of the peace treaty with Italy will be drafted by the Foreign Ministers of the United Kingdom, the United States, the Soviet Union and France;
B) the terms of the peace treaties with Rumania, Bulgaria, and Hungary by the Foreign Ministers of the Soviet Union, the United States and the United Kingdom;
C) the terms of the peace treaty with Finland by the Foreign Ministers of the Soviet Union and the United Kingdom.
The Deputies of the Foreign Ministers will immediately resume their work in London on the basis of understandings reached on the questions discussed at the first plenary session of the Council of Foreign Ministers in London.
2. When the preparation of all these drafts has been completed, the Council of Foreign Ministers will convoke a conference for the purpose of considering treaties of peace with Italy, Rumania, Bulgaria, Hunary and Finland. The conference will consist of the five members of The Council of Foreign Ministers together with all members of the United Nations which actively waged war with substantial military force against European enemy states, namely: Union of So
viet Socialist Republics, United Kingdom, United States of America, China, France, Australia, Belgium, Belorussian Soviet Socialist Republic, Brazil, Canada, Czechoslovakia, Ethiopia, Greece, India, the Netherlands, New Zealand, Norway, Poland, Union of South Africa, Yugoslavia, Ukrainian Soviet Socialist Republic. The conference will be held not later than May 1, 1946.
3. After the conclusion of the deliberations of the conference and upon consideration of its recommendations the States signatory to the terms of armistice with Italy, Rumania, Bulgaria, Hungary and Finland-France being regarded as such for the purposes of the peace treaty with Italy-will draw up final texts of peace treaties.
4. The final texts of the respective peace treaties as so drawn up will be signed by representatives of the States represented at the conference which are at war with the enemy states in question. The texts of the respective peace treaties will then be submitted to the other United Nations which are at war with the enemy states in question.
5. The peace treaties will come into force immediately after they have been ratified by the Allied States signatory to the respective armistices, France being regarded as such in the case of the peace with Italy. These treaties are subject to ratification by the enemy states in question.
II. FAR EASTERN COMMISSION AND ALLIED COUNCIL FOR JAPAN
A. FAR EASTERN COMMISSION
Agreement was reached, with the concurrence of China, for the establishment of a Far Eastern Commission to take the place of the Far Eastern Advisory Commission. The Terms of Reference for the Far Eastern Commission are as follows:
I. Establishment of the Commission
A Far Eastern Commission is hereby established composed of the representatives of the Union of Soviet Socialist Republics, United Kingdom, United States, China, France, the Netherlands, Canada, Australia, New Zealand, India, and the Philippine Commonwealth. 11. Functions
A. The functions of the Far Eastern Commission shall be:
1. To formulate the policies, principles, and standards in conformity with which the fulfillment by Japan of its obligations under the Terms of Surrender may be accomplished.
2. To review, on the request of any member, any directive issued by the Supreme Commander for the Allied Powers or any action taken by the Supreme Commander involving policy decisions within the jurisdiction of the Commission.
3. To consider such other matters as may be assigned to it by agreement among the participating Governments reached in accordance with the voting procedure provided for in Article V-2 hereunder.
B. The Commission shall not make recommendations with regard to the conduct of military operations nor with regard to territorial adjustments.
C. The Commission in its activities will proceed from the fact that there has been formed an Allied Council for Japan and will respect
existing control machinery in Japan, including the chain of command from the United States Government to the Supreme Commander and the Supreme Commander's command of occupation forces.
III. Functions of the United States Government
1. The United States Government shall prepare directives in accordance with policy decisions of the Commission and shall transmit them to the Supreme Commander through the appropriate United States Government agency. The Supreme Commander shall be charged with the implementation of the directives which express the policy decisions of the Commission.
2. If the Commission decides that any directive or action reviewed in accordance with Article II-A-2 should be modified, its decision shall be regarded as a policy decision.
3. The United States Government may issue interim directives to the Supreme Commander pending action by the Commission whenever urgent matters arise not covered by policies already formulated by the Commission; provided that any directive dealing with fundamental changes in the Japanese constitutional structure or in the regime of control, or dealing with a change in the Japanese Government as a whole will be issued only following consultation and following the attainment of agreement in the Far Eastern Commission. 4. All directives issued shall be filed with the Commission.
IV. Other Methods of Consultation
The establishment of the Commission shall not preclude the use of other methods of consultation on Far Eastern issues by the participating Governments.
1. The Far Eastern Commission shall consist of one representative of each of the States party to this agreement. The membership of the Commission may be increased by agreement among the participating Powers as conditions warrant by the addition of representatives of other United Nations in the Far East or having territories therein. The Commission shall provide for full and adequate consultations, as occasion may require, with representatives of the United Nations not members of the Commission in regard to matters before the Commission which are of particular concern to such nations.
2. The Commission may take action by less than unanimous vote provided that action shall have the concurrence of at least a majority of all the representatives including the representatives of the four following Powers: United States, United Kingdom, Union of Soviet Socialist Republics and China.
VI. Location and Organization
1. The Far Eastern Commission shall have its headquarters in Washington. It may meet at other places as occasion requires, including Tokyo, if and when it deems it desirable to do so. It may make such arrangements through the Chairman as may be practicable for consultation with the Supreme Commander for the Allied Powers.
2. Each representative on the Commission may be accompanied by an appropriate staff comprising both civilian and military repre
3. The Commission shall organize its secretariat, appoint such committees as may be deemed advisable, and otherwise perfect its organization and procedure.
The Far Eastern Commission shall cease to function when a decision to that effect is taken by the concurrence of at least a majority of all the representatives including the representatives of the four following Powers: United States, United Kingdom, Union of Soviet Socialist Republics and China. Prior to the termination of its functions the Commission shall transfer to any interim or permanent security organization of which the participating governments are members those functions which may appropriately be transferred.
It was agreed that the Government of the United States on behalf of the four Powers should present the Terms of Reference to the other Governments specified in Article I and invite them to participate in the Commission on the revised basis.
B. ALLIED COUNCIL FOR JAPAN
The following agreement was also reached, with the concurrence of China, for the establishment of an Allied Council for Japan: 1. There shall be established an Allied Council with its seat in Tokyo under the chairmanship of the Supreme Commander for the Allied Powers (or his Deputy) for the purpose of consulting with and advising the Supreme Commander in regard to the implementation of the Terms of Surrender, the occupation and control of Japan, and of directives supplementary thereto; and for the purpose of exercising the control authority herein granted.
2. The membership of the Allied Council shall consist of the Supreme Commander (or his Deputy) who shall be Chairman and United States member; a Union of Soviet Socialist Republics member; a Chinese member; and a member representing jointly the United Kingdom, Australia, New Zealand, and India.
3. Each member shall be entitled to have an appropriate staff consisting of military and civilian advisers.
4. The Allied Council shall meet not less often than once every two weeks.
5. The Supreme Commander shall issue all orders for the implementation of the Terms of Surrender, the occupation and control of Japan, and directives supplementary thereto. In all cases action will be carried out under and through the Supreme Commander who is the sole executive authority for the Allied Powers in Japan. He will consult and advise with the Council in advance of the issuance of orders on matters of substance, the exigencies of the situation permitting. His decisions upon these matters shall be controlling.
6. If, regarding the implementation of policy decisions of the Fa Eastern Commission on questions concerning a change in the regim of control, fundamental changes in the Japanese constitutional struc ture, and a change in the Japanese Government as a whole, a membe of the Council disagrees with the Supreme Commander (or h Deputy), the Supreme Commander will withhold the issuance orders on these questions pending agreement thereon in the Far Eas ern Commission.