711.9321/9–2744

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

No. 3009

Sir: With reference to the Department’s instruction no. 747, July 31, 1944, and to subsequent exchanges of telegrams, I have the honor to enclose copy, with Chinese translation, of my note of September 26th, 1944, to the Minister for Foreign Affairs, submitting the draft of proposed Sino-American Consular Convention.12 This note and the draft were delivered at the Foreign Office on September 27th.

In accord with the Department’s authorization, I have given my British colleague a copy of the draft consular convention, for his confidential information.

Respectfully yours,

C. E. Gauss
[Enclosure]

The American Ambassador (Gauss) to the Chinese Minister for Foreign Affairs (Soong)

Excellency: Article VII of the Treaty signed at Washington on January 11, 1943, for the Relinquishment of Extraterritorial Eights in China and the Regulation of Belated Matters, provides that 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, navigation and consular rights, upon the request of either Government or in any case within six months after the cessation of the war.

Under instructions of my Government, I have the honor to inform Your Excellency that as a first step toward implementing the provisions of Article VII of the 1943 Treaty, the American Government [Page 1031]is now prepared to enter into negotiations with the Government of China looking toward the conclusion of a convention concerning consular rights, and I accordingly submit for the consideration of Your Excellency’s Government a draft of a proposed convention relating to this subject.

It is hoped that the Government of China is likewise prepared to enter into negotiations at this time for the conclusion of such a convention.

I have the honor further to inform Your Excellency that the American Government is now preparing a draft of a treaty of friendship, commerce and navigation between our two Governments and that it expects to be in a position to present such draft to the Government of China in the near future for its consideration.

I avail myself [etc.]

C. E. Gauss

[In Department’s telegram No. 352 of March 1, 1945, 8 p.m. (611.9331/3–145), the Chargé was instructed to discuss the matter informally with the Chinese Minister for Foreign Affairs and to report his reactions. The Chargé reported in telegram No. 464, March 20, 1945, 6 a.m. (611.9331/3–2045), that the Minister for Foreign Affairs was noncommittal. Subsequently, the Chargé was informed that the Chinese intended to embody provisions of the consular convention in the commercial treaty (711.932/3–2145). After presentation of the American draft of the commercial treaty on April 2, 1945, no further negotiations on the consular convention seem to have taken place, and the Chinese counter draft of a commercial treaty did not cover consular questions (711.9321/2–2548).]

  1. Draft not printed.