893.6359/6–948: Telegram

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

859. Ref para 3, Deptel 783, May 26. It is Dept’s view that, if necessary, agreement can be rationalized on basis of provisions included Article II, III and XVI, of new Treaty of Friendship, Commerce and Navigation with China.16

We suggest at appropriate time you indicate merely that US considers matter not subject UN registration requirements. In event Chinese query reasoning underlying this position, you should refer in general way to above treaty provisions. If this not considered satisfactory answer, Emb requested consult further with Dept.

With respect mechanics re concluding understanding on above basis, Dept of opinion this should be as informal as possible, optimum being agreed minutes or memo of conversation. As secondary preference, Dept has no objection exchange of letters provided terms such as “agreement” or “arrangement” avoided.

Marshall
  1. Signed at Nanking, November 4, 1946, Department of State Treaties and Other International Acts Series No. 1871, or 63 Stat. (pt. 2) 1299.