Foreign Relations of the United States Diplomatic Papers, 1938, The Far East, Volume III

793.943 Manchuria/50

The Secretary of State to the Belgian Ambassador (Van der Straten-Ponthoz)

The Secretary of State presents his compliments to His Excellency the Belgian Ambassador and has the honor to acknowledge the receipt of the Ambassador’s communication of January 24, 1938,⁸⁵ making inquiry in regard to the attitude and point of view of the American Government toward the question of the abolition of extraterritorial rights in Manchuria.

Following the signature of the Japan-“Manchukuo” agreement of November 5, 1937, providing for the abolition of Japanese extraterritoriality rights in Manchuria and the manifesto of the “Manchukuo” regime issued on the same date indicating the intention of that régime to abolish as from December 1, 1937, the extraterritorial rights of all foreigners in Manchuria,⁸⁶ the Department of State informed American consular officers in Manchuria that, should they receive notice from the “Manchukuo” authorities in regard to the termination of extraterritorial privileges or, in the absence of such notice, should a case arise involving the assertion by the local authorities of jurisdiction over American nationals or their property, they should promptly notify the Department.

Having received information that an American concern operating in Manchuria had been requested by the “Manchukuo” authorities to register in accordance with a newly promulgated “Law Concerning Foreign Juridicial Persons”, the Department instructed the American consular officer at Mukden to register with the authorities at Hsinking emphatic objection to any attempt by the “Manchukuo” régime to exercise jurisdiction over American nationals and to point out that this Government considers any law which contemplates assertion o£ such jurisdiction as inapplicable to American nationals and firms in view of the extraterritorial rights of nationals of the United States in Manchuria which are granted by treaties between the United States and China. The American Ambassador at Tokyo was instructed to make similar representations to the Japanese Foreign Office.

Subsequently, the Department sent further instructions to American consuls in Manchuria to the effect that while the American Government does not assent to laws of the “Manchukuo” regime and has; not modified in, any way its position in regard to the broad general principles involved, the consuls should, as a matter of expediency, when specific cases should arise affecting American business interests and upon request by the representatives of the American interests concerned, intercede with the appropriate authorities toward obtaining a favorable interpretation of the laws or such modification thereof as; might be within the discretionary authority of administrative officials.

Washington , January 25, 1938.

85. Not printed.
86. See telegram No. 733, November 6, 1937, 11 p.m., Foreign Relations, 1937, vol. iii, p. 935.