793.003/12–1942
The Department of State to the Chinese Embassy
Reference is made to the Chinese Embassy’s memorandum of December 7, 1942, in regard to the draft treaty on extraterritoriality.
One. The Government of the United States concurs in the suggestion of the Chinese Government in paragraph B 1 of the Chinese Embassy’s memorandum under reference in regard to the question of the abolition of treaty ports as such.
Two. With regard to the questions of inland navigation and coasting trade, the suggestion made in paragraph B 3 of the Chinese Embassy’s memorandum of December 7 would appear to have been superseded in part by the suggestion received by the Department of State from the Chinese Embassy on December 12.
As the Chinese Government is aware, it has been the concept of this Government that questions such as those of inland navigation and coasting trade might more appropriately be covered in the later comprehensive treaty. Nevertheless, the Government of the United States, in the belief that the objectives of the two Governments have been identical, has endeavored to give sympathetic understanding to the wishes of the Chinese Government in regard to these as well as to other matters in connection with the treaty and, in receiving the Chinese suggestion of December 12, appreciates the efforts of the Chinese Government similarly to meet the wishes of the Government of the United States.
After giving study to the suggestion received from the Chinese Embassy on December 12, it is believed that, although the revision suggested does not fall within the precise framework of the formal articles on these subjects which this Government prefers to have in its modern treaties with other countries, the language meets the requirements of this Government in regard to protection of legitimate American commercial interests as compared with the commercial interests of third countries. Accordingly, the Government of the United States is agreeable to including the suggested revision in the supplemental exchange of notes rather than in the body of the treaty, and assumes that the Chinese Government will also be agreeable to this procedure. (The Chinese Foreign Minister has suggested to the American Ambassador at Chungking that the revision under discussion might be supplemented by a second exchange of notes giving additional assurances in regard to the treatment to be accorded to American shipping as compared with third country shipping. As, however, the question of the treatment of American interests is, as stated above, adequately covered by the revised language, adoption of Dr. Soong’s kind suggestion would not seem to be necessary.)
[Page 408]Three. It is believed that the Government of the United States and the Chinese Government have now reached complete agreement in regard to the draft treaty and the supplemental exchange of notes. This Government therefore proposes to proceed with the preparation of the treaty and notes in form for signature and suggests that, if the Chinese Government is agreeable, the treaty and notes be signed in the office of the Secretary of State on January 1, 1943.
Four. A final draft of the treaty and supplemental exchange of notes, conformable to the understanding of the Government of the United States, is appended.24 It will be observed that the substantive part of the draft note from the Chinese Government to the Government of the United States concludes with a new paragraph as follows:
“It is understood that these agreements and understandings if confirmed by your Excellency’s Government shall be considered as forming an integral part of the treaty signed today and shall be considered as effective upon the date of the entrance into force of that treaty.”
It is assumed that the Chinese Government will be entirely agreeable to the addition of this paragraph to the note.
- Not printed.↩