711.9321/33

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

No. 747

Sir: Reference is made to your despatch no. 2622, May 29, 1944, entitled “Proposed Consular Convention between the United States and China”, containing comment upon the draft of a proposed consular convention with China which was transmitted to the Embassy with Department’s instruction no. 611, April 24, 1944.

The Department appreciates your promptness in commenting upon the draft and has found your suggestions very helpful. Many of the changes suggested have been incorporated in revisions of the draft convention; a few additional revisions have also been made. There is enclosed a copy of the revised draft11 of the consular convention embodying these changes. For your convenience there are also enclosed pages11 from the earlier draft upon which have been marked the changes which have been made in the revised draft.

Unless you have additional comment to offer upon the draft of the proposed consular convention or unless for other reasons you perceive objection, the Department requests that you present to the Chinese Government as under instruction a written communication addressed to the Chinese Minister for Foreign Affairs along the following general lines. The Department desires that you refer to Article VII of the Treaty signed at Washington on January 11, 1943 for the Relinquishment of Extraterritorial Rights in China and the Regulation of Related Matters, in which the Government of the United States and the Government of the Republic of China mutually agreed that they would enter into negotiations for the conclusion of a comprehensive modern treaty of friendship, commerce, navigation and consular rights, upon the request of either Government or in any case within six months after the cessation of the war. The Department desires that you then state that, as a first step toward implementing the provisions of this Article, this Government is now prepared to enter into negotiations with the Chinese Government looking toward the conclusion of a convention concerning consular rights and that a draft of a convention relating to this subject which has been prepared by your Government is enclosed for the consideration of the Chinese Government. This Government’s hope should be expressed that the Chinese Government is likewise prepared to enter into negotiations at this time for the conclusion of a consular convention between the two countries. The Department believes it advisable that you also state that your Government is now preparing a draft of a treaty of friendship, commerce, and navigation between the two Governments and that it expects to be in position to [Page 1028]present a copy of the draft treaty to the Chinese Government in the near future for its consideration.

Please inform the Department by telegraph when you are prepared formally to transmit the draft of the consular convention to the Chinese Government in order that the Department may hand a copy of the draft to the British Embassy here for the information of the British Government.

With regard to the question of the conclusion of an extradition treaty with China which is mentioned in your despatch under reference, the Department has been giving consideration to this matter for some time and preliminary work on a draft of an extradition treaty was begun last year. It has been felt, however, that under existing conditions the conclusion of an extradition treaty is not as urgent a matter as the conclusion of a treaty of friendship and commerce or a consular convention.

There is given below comment upon your suggestions upon the draft of the consular convention, together with an indication of the manner in which the suggestions have been incorporated in the revised draft. Comment is also given upon certain other changes that have been made in the revised draft:

[Here follow comments on various changes in the draft treaty.]

In the formal provisions at the close of the draft of the Convention Chungking has been designated as the place of signature of the Convention.

Very truly yours,

For the Secretary of State:
G. Howland Shaw
  1. Not printed.
  2. Not printed.