800.48 FRP/10–847: Telegram
The Acting Secretary of State to the Ambassador in China (Stuart)
1247. Rap 157. After discussion with Chinese FonMin Chinese Emb representative88 approached Dept requesting change in para 2 [Page 1352] (a) of proposed relief agreement and desired clarification of Section 2 (d).
Prior to receipt Par 25 Shanghai’s 2343 Oct 3 language of which is satisfactory to Dept, Dept had agreed here to change para 2 (a) to read as follows: “All U. S. relief supplies shall be distributed in accordance with the terms of this agreement, by the Chinese Govt and by established voluntary agencies in China which are agreed upon between the two Govts. Representatives of the U. S. shall have direct supervision and control of supplies made available by the U. S. under this agreement.” Understand FonMin has agreed and requested FonOff to conclude negotiations with you along above lines. Sent Nanking as Depts 1247 repeated to Shanghai as Depts 1721.
Re Section 2 (d) Dept pointed out that language of Relief Act and intent of Congress precluded any change in substance. It was agreed however that in response to request for interpretation which would be transmitted to you from Chinese Govt, letter along following lines would be given to Chinese. FonMin believes this will permit him to satisfy Executive Yuan that agreement does not purport to abrogate right of Chinese Govt to manage its domestic and military affairs:
“The right of the Chinese Govt to determine the extent of its armed forces and the amount of food and other supplies which it may make available for their use is, of course, fully recognized. The approval of the relief agreement will in no way affect this right. On the other hand in accordance with Public Law 84 passed by the 80th Congress which authorizes the furnishing of relief assistance, the President of the US is directed to terminate the provision of US relief assistance to the people of any country whenever in his judgment an excessive amount of any supplies being made available by the US to the people of any country or of similar supplies produced locally or imported from outside sources, is being used to assist in the maintenance of armed forces in such country. In the light of this provision in the relief law the US must reserve the right to terminate its relief shipments to China if, in its determination, an excessive amount of relief supplies or similar supplies produced locally or imported from outside sources is being used for the maintenance of armed forces in China.”
- Chen Chih-mai, Counselor of the Chinese Embassy.↩