Significant Nihonto find

[drbvac]

Great story and unbeleivable research - I appreciate you are returning the sword to the shrine but are there any legal requirements to return any of these blades when discovered ? I would imagine if you tried to take it into Japan and it was discovered they might seize it /?

[Ian B3HR2UH]

Thanks Brian ,

No I don't believe that there is any such requirement. My understanding is that if I took the piece to Japan I would continue to own it but would not be able to take it back out of the country unless I had received permission to do so before I took it in . When these missing pieces have turned up in the past there has been no push by the Japanese government for them to be returned so I don't think it is an issue

The Treaty of San Francisco which was signed by Japan and the US in 1951 contains provisions recognizing the validity of dispositions of property made pursuant to directions of the US Military government . As the swords were handed in on the directions of the occupying forces this treaty , I think , validates our possession of swords handed in during the occupation.  Article 19(d) of the treaty also recognizes the validity of all acts and omissions done during the occupation under or in consequence of directives of the occupation authorities ( ie the SCAPIN's requiring the swords to be handed in ) and waives Japans right to take action for those acts or omissions. 

Ian Brooks