Foreign Relations of the United States Diplomatic Papers, 1935, The Far East, Volume III

893.114 Narcotics/1325

The Secretary of State to the Ambassador in China (Johnson)

No. 20

Washington, October 21, 1935.

Sir: Reference is made to your despatch No. 3708 of July 24, 1935, transmitting a copy of a note from the Ministry of Foreign Affairs⁷ and its enclosure, a resolution adopted by the Advisory Committee on Traffic in Opium and Other Dangerous Drugs,⁸ recommending that Governments having extraterritorial jurisdiction in China impose adequate penalties upon their nationals for participation in the illicit traffic in and manufacture of narcotic drugs in China.

The Department had previously received a circular letter from the Secretary General of the League of Nations⁹ transmitting a copy of the Advisory Committee’s resolution under reference and another resolution adopted by the Advisory Committee on the subject of illicit narcotic activities in China,¹⁰ which has also been transmitted to the Chinese Government by the Secretary General of the League of Nations, but to which no reference is made in the note addressed to you by the Ministry of Foreign Affairs. There is transmitted herewith a copy of that circular letter, together with a copy of the Department’s reply.¹¹

It is suggested that that part of the reply which refers to resolution No. 1 be furnished the Ministry of Foreign Affairs in reply to its note of June 29, 1935. The Department deems it inadvisable to enter upon a discussion as to the self-executing character of the treaty provisions to which you refer and suggests that no reference to those provisions be made in your note to the Foreign Office.

You will observe that the Department’s note to the Secretary General does not adopt the view expressed by the United States District Attorney at Shanghai in his letter of October 8, 1934, a copy of which accompanied your despatch No. 3048 of October 18, 1934,¹² on the question of the extent to which the narcotic laws of the United States are applicable to American nationals in China. While the Department is inclined to doubt the application to China of some of the provisions of law which the District Attorney apparently considers applicable, the Department refrains from expressing a definite opinion at this time pending further study to determine whether the enactment of any additional legislation expressly applicable to American nationals in China is necessary and desirable for the fulfillment of this Government’s obligations under its treaties.

As the Department’s reply to the Secretary General’s circular letter will probably be published by the League Secretariat in extenso,¹³ you may consider it expedient also to transmit to the Ministry of Foreign Affairs the portion of that reply which sets forth the observations called for by resolution No. II. The Department perceives no objection to your doing so and leaves the decision to your discretion.

Very truly yours,

For the Secretary of State:

William Phillips

7. Note not printed.
8. For text of resolution, see supra. Resolution I.
9. Not printed.
10. For texts of resolutions, see supra.
11. Supra.
12. Neither printed.
13. Published in summary; League of Nations, Advisory Committee on Traffic in Opium and Other Dangerous Drugs, Minutes of the 21st Session, May 18–June 5, 1936 (1936 XI 17), p. 145.