There is enclosed a copy of the draft, dated April 29, 1946, of the
agreement between the United States of America and the Government of the
Republic of China for the United States Military Advisory Group to
China. This draft agreement has been prepared by this Department in
collaboration with the War and Navy Departments.
General Marshall is authorized to present this draft agreement to the
Chinese Government as the basis for negotiations between the two
Governments. Negotiations in connection with the draft agreement should,
of course, be on an ad referendum basis.
Legislation providing for the detail of United States military and naval
missions to foreign governments is now before the Congress. As this
legislation was passed by the House of Representatives on April 18 and
was favorably reported by the Senate Military Affairs Committee on April
17, it is probable that the legislation will become law in the very near
future. General Marshall will be informed as soon as the legislation has
been passed. The draft agreement has been prepared on the assumption
that the legislation would be enacted by the time the draft agreement
was ready for signature. If there should be an unforeseen delay in the
passage of the legislation, additional instructions will be sent so that
the agreement may be signed prior to the passage of the legislation.
Legislative authority will be necessary for the implementation of
Articles 24, 25 and 26 of the draft agreement. The Department is taking
steps so that the necessary enabling legislation may be introduced in
the Congress in the near future. The draft agreement has been prepared
in the light of the probability that the legislation will not have
become law by the time of the signature of the agreement. It is
anticipated that the legislation will be passed by the Congress but the
Department is, of course, not in position to give assurances to that
effect. The legislative situation with regard to Articles 24, 25 and 26
should be explained to the Chinese Government in the course of the
negotiations.
Article 20 of the draft agreement has been informally and tentatively
approved by the Treasury Department but formal approval has not yet been
obtained. It is not believed that the Chinese Government need be
informed of this fact. Should the Treasury Department desire any change
in the phraseology of this Article, General Marshall will be informed
immediately.
[Enclosure]
Draft Agreement Dated April 29, 1946, Regarding
United States Military Advisory Group to China
In conformity with the request of the Government of the Republic of
China to the Government of the United States of America, the
President of the United States of America has authorized, in
agreement with the President of the Republic of China, the
appointment of a United States Military Advisory Group to the
Republic of China (hereinafter referred to as the Group) under the
conditions specified below:
Title I
Purpose and Duration
Article 1. The purpose of the Group shall be to assist and advise the
Chinese Government in the development of modern armed forces for the
fulfillment of those obligations which may devolve upon China under
her international agreements including commitments assumed under the
United Nations, for the establishment of adequate control of
liberated areas in China, including Manchuria, and Formosa, and for
the maintenance of internal peace and security.
Article 2. The Group shall continue for a period of five years from
the date of the signing of this Agreement by the accredited
representatives of the Government of the United States of America
and the Government of the Republic of China unless previously
terminated or extended as hereinafter provided.
Article 3. If the Government of the Republic of China should desire
that the services of the Group be extended beyond the stipulated
period, it shall make a written proposal to that effect at least six
months before the expiration of this Agreement.
Article 4. This Agreement may be terminated before the expiration of
the period of five years prescribed in Article 2, or before the
expiration of an extension authorized in Article 3, in the following
manner:
- (a)
- By either of the Governments, subject to three months
written notice to the other Government;
- (b)
- By the recall of the entire personnel of the Group by the
Government of the United States of America, without
necessity of compliance with the provision (a) of this article.
Article 5. This Agreement is subject to cancellation upon the
initiative of either the Government of the United States of America
or the Government of the Republic of China at any time during a
period when the other Government is involved in domestic or foreign
hostilities.
[Page 832]
Title II
Composition. Functions and Personnel
Article 6. The Group shall consist of such number of United States
military personnel, initially not to exceed one thousand, as may be
agreed upon by the Governments of the United States of America and
the Republic of China.
Article 7. The Group shall include an Army Component and a Navy
Component, and shall be headed by a Chairman who shall be a general
officer of the United States Army or a flag officer of the United
States Navy.
Article 8. The functions of the Group shall be to provide such advice
and assistance to China on ground, air, naval and logistic matters
as is necessary to accomplish the purposes set forth in Article 1 of
this Agreement. United States personnel shall not accompany Chinese
troops or Chinese ships on other than training maneuvers or
cruises.
Title III
Responsibility and Rank
Article 9. Each member of the Group shall serve with the Group with
the rank, grade or rating he holds in the United States Army, Navy
or Marine Corps and shall wear the uniform of his rank, grade or
rating in the United States service.
Article 10. Members of the Group shall be subject to applicable
United States Army and Navy regulations.
Article 11. No member of the Group shall assume duties as a result of
which he will be responsible to the Government of the Republic of
China.
Title IV
Compensations and Prerequisites
Article 12. All members of the Group shall be on active duty and
shall be paid regularly authorized pay and allowances by the
Government of the United States of America, in addition to a special
allowance to compensate them for increased cost of living. This
special allowance shall be based upon a scale agreed upon by the
Governments of the United States of America and the Republic of
China which shall be revised periodically in the light of price and
exchange rate fluctuations. Salaries and allowances shall normally
be paid in United States dollars. In the event that both Governments
agree at any time that it is desirable that payments to members of
the Group be made in whole or in part in Chinese currency rather
than in United States dollars, the Chinese Government shall [Page 833] make such currency
available at an equitable rate of exchange to be agreed upon by the
two Governments. No member of the Group shall be subject to the
payment of any tax to the Government of the Republic of China or any
of its political or administrative subdivisions upon compensation
received as a member of the Group. If at present or while this
Agreement is in effect there are any taxes which might apply to such
compensation, such taxes shall be borne by the Chinese Government.
The Government of the Republic of China shall reimburse the
Government of the United States of America for expenses incurred in
paying the special allowances provided for in this article. The
special allowance shall be applicable for the entire period each
member of the Group resides in China on duty with the Group, except
as specified elsewhere in this Agreement.
Article 13. The Government of the Republic of China shall grant
exemption from customs duties on materials, equipment, supplies and
goods imported for the official use of the Group or the personal use
of the members thereof and of members of their families, provided
that their request for exemption from such duties has received the
approval of the Ambassador of the United States of America or of the
Chargé d’Affaires. Such material, equipment, supplies and goods
shall not be subject to any Chinese excise, consumption or other
tax, duty or impost. No export tax shall be charged on the material,
equipment, supplies or goods mentioned above in the event of
reshipment from China.
Article 14. The expenses of the cost of transportation of each member
of the Group, his dependents, household effects and belongings to
China from the United States of America or his last duty station,
and from China to the United States of America or his next duty
station shall be reimbursed to the United States of America by the
Government of the Republic of China, except as otherwise provided in
this Agreement.
Article 15. Members of the Group shall be entitled to compensation
for expenses incurred in travel in the Republic of China on official
business of the Group. Such expenses shall be reimbursed to the
Government of the United States of America by the Government of the
Republic of China except for expenses of travel by transportation
facilities of the Group, the total cost of which is reimbursed by
the Government of the Republic of China as provided in Article
28.
Article 16. The term of duty for members
of the Group shall normally be two years. If the Government of the
United States of America shall recall any member of the Group before
the termination of the two-year term of duty except for reasons set
forth in Articles 4 and 5 of this Agreement, expenses incident to
such transfer shall not be reimbursed to the Government of the
United States of America by the Government of the Republic of
China.
[Page 834]
Article 17. If any member of the Group, or any member of his family,
dies in the Republic of China, the Government of the Republic of
China shall reimburse to the Government of the United States of
America the costs incident to the transportation of the body to such
place in the United States of America as the surviving members of
the family may decide, but the cost to the Government of the
Republic of China shall not exceed the cost of transporting the
remains from the place of decease to New York City. Should the
deceased be a member of the Group, his services with the Group shall
be considered to have terminated fifteen (15) days after his
death.
Title V
Requisites and Conditions
Article 18. The decision as to what supplies, services, facilities
and equipment are necessary for the Group shall be made in
consultation with the appropriate Chinese authorities. The
Government of the Republic of China shall provide, however, without
cost to the Group, suitable living quarters for personnel of the
Group and their families and suitable buildings and office space for
use in the conduct of the official business of the Group. All living
and office quarters shall conform to the standards prescribed by the
United States military services for similar quarters. Official
supplies and equipment of American manufacture required by the Group
shall be furnished by the Government of the United States of America
which shall be reimbursed for the cost thereof by the Government of
the Republic of China. Official supplies and equipment of other than
American manufacture shall be provided without cost to the Group by
the Government of the Republic of China. The cost of all services
required by the Group, including compensation of locally employed
interpreters, clerks, laborers and other personnel, except personal
servants, shall be borne by the Government of the Republic of China.
Such services may, by agreement between the Group and appropriate
Chinese authorities, either be supplied by the Government of the
Republic of China or be obtained directly by the Group.
Article 19. All communication between the head of the Government of
the Republic of China and the Group shall be through the Ambassador
of the United States of America to the Republic of China or, in his
absence, the Chargé d’Affaires. The Chairman of the Group and his
appropriate subordinates shall have direct access to the appropriate
Chinese civil and military officials on matters pertaining to their
respective responsibilities in the Group.
Article 20. The Government of the Republic of China shall maintain a
suitable balance on deposit with the Federal Reserve Bank of New
York as fiscal agent of the United States of America against [Page 835] which the Government of
the United States of America shall be authorized to draw in
reimbursement for expenses incurred under Articles 12, 14, 15, 17,
18 and 28 of this Agreement. The Federal Reserve Bank of New York
shall periodically furnish the Government of the Republic of China
with appropriate statements covering the amounts drawn against this
balance.
Article 21. The service courts and authorities of the Government of
the United States of America shall have the right to exercise
exclusive jurisdiction over all offenses which members of the Group
may commit in the Republic of China. If any cases arise in which the
service authorities of the Government of the United States of
America prefer not to exercise such jurisdiction, a written
statement to that effect shall be sent to the Government of the
Republic of China through diplomatic channels after which the
Chinese authorities shall be free to exercise jurisdiction.
No member of the Group shall be subject to the jurisdiction of
Chinese civil or administrative courts with respect to any act or
omission which, as determined by the Chairman of the Group, occurred
in the course of his official duties.
Article 22. So long as this Agreement, or any extension thereof, is
in effect the Government of the Republic of China shall not engage
or accept the services of any personnel of any third government for
duties of any nature connected with the Chinese armed forces, except
by mutual agreement between the Government of the United States of
America and the Government of the Republic of China.
Article 23. The Group shall extend advice and assistance only to such
units of the Chinese armed forces as may be agreed upon by the two
Governments.
Article 24. As part of the Group program the Government of the
Republic of China shall be permitted to send selected students to
ground, naval, and air technical schools in the United States. Such
students shall be subject to the same regulations as are United
States students and may be returned to China without substitution
for violation thereof. Numbers and detailed arrangements shall be
mutually agreed upon and shall be kept at a minimum for essential
requirements. All Chinese requests for military training of Chinese
personnel in the United States shall be submitted only through the
Group. The procurement of the requisite interpreters to enable
training to be initiated shall be undertaken by the Government of
the Republic of China as a matter of high priority.
Article 25. Military equipment necessary in connection with Group
programs shall be provided from United States and Chinese sources
insofar as practicable and the Government of the Republic of China
shall purchase arms, ammunition and military equipment from powers
[Page 836] other than the United
States of America only on the basis of mutual agreement between the
Government of the United States of America and the Government of the
Republic of China. The Government of the Republic of China shall
procure United States military equipment and supplies only as agreed
by appropriate United States governmental agency.
Article 26. Disclosures and exchanges of classified military
equipment and information of any security classification to or
between the Government of the United States of America and the
Government of the Republic of China will be with the mutual
understanding that the equipment and information will be safeguarded
in accordance with the requirements of the military security
classification established thereon by the originating Government and
that no redisclosure by the recipient Government of such equipment
and information to third Governments or unauthorized personnel will
be made without specific approval of the originating Government.
Article 27. In places where United States medical personnel and
facilities are not available, the Government of the Republic of
China shall provide suitable medical attention and, upon request
shall evacuate patients to such place in China as United States
medical facilities may be available.
Article 28. Necessary transportation and communications for the
internal administration of the Group may be furnished by the
Government of the United States of America in accordance with
requirements. Expenses incurred under this article shall be
reimbursed to the Government of the United States of America by the
Government of the Republic of China in accordance with the procedure
prescribed in Article 20.
Article 29. As part of the program of the Group, the Government of
the Republic of China agrees to establish in China a Service School
System including Technical Schools for the training of selected
Chinese personnel.
Article 30. Articles 24, 25 and 26 of this Agreement shall not become
effective until notice is given by the Government of the United
States of America to the Government of the Republic of China that
legislative authority to carry out the provisions thereof has been
obtained. The executive branch of the Government of the United
States of America agrees to use its best efforts to obtain the
enactment of such legislation.
In witness whereof, the undersigned,
. . . . . . . and . . . . . . . duly authorized
thereto, have signed this Agreement in duplicate, in the English and
Chinese languages, in Nanking, this . . day of . . . . . one
thousand nine hundred forty-six.
