793.003/934a: Telegram

The Acting Secretary of State to the Ambassador in the United Kingdom (Winant)

4819. Please communicate at the earliest possible moment to Mr. Eden for the information and comment of the British Government the text of a brief draft treaty relating to American extraterritorial jurisdiction in China which we have in mind presenting to the Chinese Government. The text is as follows:41

Treaty With Regard to Relations Between the United States of America and China

The United States of America and the Republic of China, desirous of defining more clearly the general relations between the two countries, have resolved to conclude a treaty for that purpose and have appointed as their Plenipotentiaries:

The President of the United States of America,

and

The President of the National Government of the Republic of China,

Who, having communicated to each other their full powers found to be in due form, have agreed upon the following articles:

article i

All those provisions of treaties or agreements in force between the United States of America and the Republic of China which authorize the Government of the United States of America or its representatives to exercise jurisdiction over nationals of the United States of America in the territory of the Republic of China are abrogated. Nationals of the United States of America in such territory shall be subject to the jurisdiction of the Government of the Republic of China in accordance with the principles of international law and practice.

article ii

The Government of the United States of America considers that the Final Protocol concluded at Peking on September 7, 1901, between the Chinese Government and other governments, including the Government of the United States of America, should be terminated and agrees that the rights accorded to the Government of the United States of America under that Protocol and under agreements supplementary thereto shall cease.

The Government of the United States of America will cooperate with the Government of the Republic of China for the reaching of [Page 299]any necessary agreements with the other governments concerned for the transfer to the Government of the Republic of China of the administration and control of the Diplomatic Quarter at Peiping, including the control of the official assets and the official obligations of the Diplomatic Quarter and the Government of the Republic of China will accept such transfer and will make provision for the assumption of such obligations and for the recognition and protection of all legitimate rights in such Quarter.

The Government of the Republic of China hereby accords to the Government of the United States of America a continued right to use for official purposes the land which has been allocated to the Government of the United States of America in the Diplomatic Quarter in Peiping, on parts of which are located buildings belonging to the Government of the United States of America.

article iii

The Government of the United States of America considers that the International Settlements at Shanghai and Amoy should revert to the administration and control of the Government of the Republic of China and agrees that the rights accorded to the Government of the United States of America in relation to those Settlements shall cease.

The Government of the United States of America will cooperate with the Government of the Republic of China for the reaching of any necessary agreements with the other governments concerned for the transfer to the Government of the Republic of China of the administration and control of the International Settlements at Shanghai and Amoy, including the control of the official assets and the official obligations of those Settlements and the Government of the Republic of China will accept such transfer and will make provision for the assumption of such obligations and for the recognition and protection of all legitimate rights in those Settlements.

article iv

In order to obviate any questions as to existing rights in respect of and titles to real property in territory of the Republic of China possessed by nationals (including corporations or associations), or by the Government, of the United States of America, particularly questions which might otherwise arise from the abrogation of the provisions of treaties or agreements as stipulated in Article I, it is agreed that such existing rights shall be indefeasible and shall not be questioned upon any ground except upon proof, established through due process of law, of fraud in the acquisition of such rights.

It is also agreed that if it should be the desire of the Government of the Republic of China to replace, by new deeds of ownership, leases in perpetuity or other documentary evidence relating to real property held by nationals, or by the Government, of the United States of America, the replacement shall be made by the Chinese authorities gratuitously and the new deeds of ownership shall fully protect such leaseholders and their legal heirs and assigns without diminution of their prior rights and interests, including the right of alienation.

[Page 300]

It is further agreed that nationals of the Government of the United States of America shall not be required or asked by the Chinese authorities to make any payments as land transfer fees for or with relation to any period prior to the effective date of this treaty.

article v

The Government of the United States of America having long accorded rights to nationals of the Republic of China within the territory of the United States of America to travel, reside and carry on trade throughout the whole extent of that territory, the Government of the Republic of China agrees to accord similar rights to nationals of the United States of America within the territory of the Republic of China.

article vi

The Government of the United States of America and the Government of the Republic of China mutually agree that the consular officers of each country, duly provided with exequaturs, shall be permitted to reside in those ports, places and cities of the other country which are, or may be, open to consular officers of any foreign country. The consular officers of each country shall have the right to interview, to communicate with, and to advise their countrymen within their consular districts; they shall be informed immediately whenever any of their countrymen are arrested or detained in their consular districts by authorities of the other country and, upon notification to the appropriate authorities, they shall be permitted to visit any such countrymen; and, in general, they shall be accorded the rights, privileges, and immunities enjoyed by consular officers under modern international usage.

It is likewise agreed that the nationals of each country, in the territory of the other country, shall have the right at all times to communicate with the consular officers of their country.

article vii

The Government of the United States of America and the Government of the Republic of China mutually agree that they will enter into negotiations for the conclusion of a comprehensive modern treaty of friendship, commerce, and consular rights, upon the request of either Government or in any case within six months after the cessation of the hostilities in the war against the common enemies in which they are now engaged. The treaty to be thus negotiated will be based upon the principles of international law and practice as reflected in modern international procedures and in the modern treaties which the Government of the United States of America and the Government of the Republic of China respectively have in recent years concluded with other governments.

Pending the conclusion of a comprehensive treaty of the character referred to in the preceding paragraph, if any questions affecting the rights in territory of the Republic of China of nationals (including corporations or associations), or of the Government, of the United States of America should arise as a consequence of the relinquishment [Page 301]of extraterritorial rights and if these questions are not covered by the present treaty, or by the provisions of existing treaties, conventions, or agreements between the Government of the United States of America and the Government of the Republic of China not inconsistent with this treaty, such questions snail be discussed by representatives of the two Governments and shall be decided in accordance with generally accepted principles of international law and with modern international practice.

article viii

The present treaty shall come into force on the day of the exchange of ratifications.

The present treaty shall be ratified, and the ratifications shall be exchanged at Washington as soon as possible.

Signed at Washington this . . . . . day of . . . . . . . nineteen hundred and forty-two.
Welles
  1. A summary of the text was sent to the Ambassador in China in telegram No. 946, October 10, 2 p.m.