Page:United States Statutes at Large Volume 63 Part 3.djvu/94

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [63 STAT. AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE JAPANESE GOVERNMENT FOR SETTLEMENT OF THE AWA MARU CLAIM WHnE AS the Government of the United States of America and the Japanese Government reached an agreement during the recent hostilities that the Japanese Government would provide vessels which would transport supplies for the relief of Allied nationals in various areas of the Pacific then under Japanese control and the Government of the United States of America would guarantee the immunity of vessels on such missions from attack by Allied forces on both the outward and homeward voyages; and WHEms the Japanese passenger-cargo vessel Awa Maru was sunk on April 1, 1945 while homeward bound fron such a mission; and WamEREs the Government of the United States of America ac- knowledged responsibility for the sinking of the vessel and assured the Japanese Government that it would be prepared after the termi- nation of hostilities to consider the question of indemnity; and WHERms the Government of the United States of America and the Japanese Government sought to reach an equitable and mutually satisfactory solution of this claim; and WHEREAs General of the Army Douglas MacArthur has extended his good offices as intermediary between the Government of the United States of America and the Japanese Government in an effort to facili- tate agreement: The undersigned, being duly authorized by their respective govern- ments for that purpose, have reached the following agreement through the good offices of the Supreme Commander for the Allied Powers. AwrTcLN I ciim wavrd. The Japanese Government, mindful of the equities of the situation as they have developed since the inception of the Occupation of Japan under General of the Army Douglas MacArthur and in appre- ciation of the assistance-direct and indirect, in goods and services- received during the post-surrender period from the Government of the United States of America, waives on behalf of itself and all Jap- anese nationals concerned all claims of any description against the United States Government or any United States national arising out of the sinking of the Awa Maru. AlrrcL II The provisions of Article I shall bar, completely and finally, all claims of the nature referred to therein, which will be henceforward extinguished, whoever may be the parties in interest. 2398

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