711.9321/33

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

No. 2622

Subject: Proposed Consular Convention Between the United States and China.

Sir: I have the honor to acknowledge the receipt on May 23d of the Department’s instruction no. 611, April 24, 1944, enclosing for the information and comment of the Embassy a draft of proposed consular convention between the United States and China.

This draft has now been examined, and I enclose a memorandum10 setting out the Embassy’s notes and comments on certain articles and provisions of the draft.

In connection with the consideration now being given to a proposed treaty of friendship, commerce and navigation with China, and this consular convention with China, I assume that the Department is also giving thought to the desirability of a treaty of extradition with China, to be effective as soon as possible after the war. Such a treaty of extradition will probably give some difficulty because of the difference in the criminal systems of the United States and China; but in this respect it is probable that reference to our extradition arrangements with France, Germany and Switzerland will be helpful in this connection. China has drawn much of its legal system from the codes of those countries.

Respectfully yours,

C. E. Gauss
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