793.003/71
Memorandum by the Assistant Secretary of State (Johnson)
The Counselor of the Belgian Embassy called on the Secretary today and stated that he had received the Secretary’s memorandum regarding the question of extraterritoriality in China and had telegraphed a summary of it on Saturday to his Government; that while the telegram was being prepared telegraphic instructions were received from his Government to the effect that he communicate orally to the Secretary the following information:
A preliminary treaty has been signed at Nanking on November 22, between the Economic Union (Belgium-Luxemburg) and China.55 The text of this treaty is not to be given publicity for the moment. It recognizes the autonomy of Chinese customs and in customs matters it is based on the most favored nation treatment. This treaty acknowledges the principle of the renunciation of extraterritorial privileges. However, a subsequent agreement will intervene in order [Page 442] to regulate definitely the judicial regime of Belgian citizens residing or dealing in China.
The following points should be noted in this connection: Provision is made for the negotiation in the near future of a treaty of commerce based on reciprocity and equal treatment. With regard to the renunciation of extraterritorial privileges, it is noted that this renunciation will not be effective until January 1, 1930. If the agreement which is to be negotiated between now and then has not been arrived at on that date, Belgian citizens in China will be submitted after January 1, 1930 to Chinese jurisdiction as soon as most foreign powers which now have the benefit of extraterritorial privileges will have renounced them. Furthermore, it is indicated that, when Belgian citizens will cease to enjoy the benefit of the extraterritorial privileges and when the relations between the two countries will be based on complete equality, the Belgian citizens will reside, acquire property in China, and do business dealings according to the laws and regulations of the country.
- League of Nations Treaty Series, vol. lxxxvii, p. 287.↩