811.2222 (1940)/3733b
The Secretary of State to the Chinese Ambassador (Wei)
Excellency: I have the honor to refer to various discussions held between officers of the Department and of the Chinese Embassy on the subject of the obligations of Chinese nationals in the United States under the Selective Training and Service Act of 1940,3 as amended. It is understood that the Embassy is in doubt as to the applicability of that law to Chinese nationals and particularly to Chinese students. The following outline of the principal provisions of the selective service law is, therefore, furnished in order that the Embassy may be able properly to advise Chinese nationals in the United States.
The Selective Training and Service Act of 1940, as amended, a copy of which is enclosed for convenient reference, provides generally that all male American citizens and all male aliens residing in the United States who are between the ages of 18 and 65 shall register, and that all such persons between the ages of 18 and 45 shall be subject to military service. It should be noted, however, that the induction of men who are 38 years of age and over has been temporarily suspended.
[Page 815]In regard to the status of aliens in the United States, it should be noted that all such aliens who are residing in the United States and who are within the specified age limits are required to register and are liable for service unless they are within one of the classes specified in Section 5 of the Act. Certain aliens who were lawfully admitted into the United States may, under a procedure established by the Selective Service Regulations, have a determination made whether they are or are not “residing in the United States” within the meaning of the selective service law. Any alien who comes to the United States and remains longer than three months must either register or obtain from the appropriate local board of the Selective Service System a Certificate of Non-residence. The regulations require that the application for such certificate be filed by the alien within three months after the date of his entry into the United States, or within three months after persons of his age become liable for training and service by law, or prior to May 16, 1942, whichever is the later. Certificates of non-residence are generally issued for a limited length of time not exceeding six months, but an application for a new certificate may be made before the date of expiration of the old one.
With regard to Chinese students, it may be stated that certain arrangements have been made between the Selective Service System, the Department of State and the China Institute in America whereby the latter certifies to the bona fide student status and to the importance to the Government of China of the studies being undertaken by individual Chinese nationals; these assurances are given due weight by the Selective Service System in determining whether the individual in question is entitled to recognition as a person not “residing in the United States”. It has been determined that those Chinese nationals who are receiving practical training in the United States cannot properly be regarded as non-residents; however, the assurances of the China Institute in America receive due consideration in determining whether occupational deferment may be granted. It may be added that there has been no difficulty in regard to Chinese students and Chinese nationals receiving advanced training, on whose behalf the China Institute in America gives the assurances referred to above, and there is no reason to believe that this situation will change, provided that the same strict tests continue to be applied by the China Institute before giving the assurances.
While this arrangement with the China Institute in America probably will be applicable only to a limited number of Chinese students and to certain other Chinese nationals, it should be understood that it is the privilege of any other Chinese national to avail himself of [Page 816] the opportunity provided under the Selective Service Regulations to have a determination of his residence made.
The Department will be glad, in individual cases, to request the Selective Service System to review the file of any registrant who has experienced difficulties with his local board. In all such cases, however, full information should be furnished to the Department as to the number and address of the local board concerned, together with such data concerning the registrant as may be pertinent, including the date of his arrival in the United States, his status under the immigration laws, his occupation, age, and, if he failed to apply for a determination of his residence within the period of time prescribed by the Selective Service Regulations, the reason for such delay. This information should be furnished to the Department in a memorandum or note.
It will be observed from the foregoing that, with the exception of those groups of persons who are specifically exempt from registration and service under the Selective Training and Service Act of 1940, as amended, and of those aliens who are found upon application not to be “residing in the United States”, all other male Chinese nationals between the ages of 18 and 65 are required to register and that those between the ages of 18 and 45 are subject to military service if called by their local boards.
It is understood that a directive has recently been issued by the Selective Service System to local boards to the effect that consideration be given in the classification of Chinese registrants to contributions that may have regularly been made by the registrants to dependents residing in China. Under this directive the boards have been authorized to place in Class III–A or Class III–B Chinese registrants who prove to the satisfaction of the board that they have been contributing regularly substantial sums to dependents residing in China. It is believed that the Selective Service System is aware of the special circumstances relating to Chinese nationals, since this directive represents a departure from the regular procedure applying uniformly to all aliens other than Chinese. The Department understands, however, that this directive is subject to cancellation at any time. Therefore, it would appear desirable that both the Embassy and the Chinese Consular offices in the United States cooperate in calling to the attention of Chinese nationals that it will be necessary for them to comply with orders issued by their draft boards.
The foregoing information is being brought to your attention as of assistance in bringing about satisfactory adjustments with reference to various of the questions which officials of the Embassy have brought informally to the attention of officers of the Department, including questions relating to Chinese students in this country. It is [Page 817] the hope of the Department that in the light of this information it may also be possible for the Embassy to take such action as you may deem appropriate toward achieving a reduction in the number of Chinese registrants now being listed by the Selective Service boards as delinquents. I may assure you that the Department will be pleased to cooperate with you in this matter, and that it will be pleased to arrange for a discussion of the problem between officers of the Embassy, of the Department and of the Selective Service System if you believe that such a discussion would be fruitful in achieving the desired results.
Accept [etc.]
- Approved September 16, 1940; 54 Stat. 885.↩