711.932/7–1448: Telegram

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

1036. Urtel 1292, July 14. Texts notes to be exchanged on ITO and GATT follow.

US note. “I have the honor to refer to Art XV and paragraph 3 (c) of Art XXVI of the Treaty of FCN between the USA and the Republic of China signed at Nanking on November 4, 1946, and to state that it is the understanding of the Govt of the USA that the provisions of the aforesaid Treaty do not preclude action by either of the parties thereto which is required or specifically permitted by the General Agreement on Tariffs and Trade or by Chapter IV of the Havana Charter for an International Trade Organization, during such time as the party applying such measures is a contracting party to the General Agreement or is a member of the International Trade Organization.

“I should be glad if your Excellency would confirm this understanding on behalf of the Govt of the Republic of China.”

Chinese note. “I have the honor to acknowledge the receipt of your note of today’s date with respect to Art XV and paragraph 3 (c) of Art XXVI of the Treaty of FCN between the Republic of China and the USA signed at Nanking on Nov 4, 1946 and to confirm that it is the understanding of the Govt of the Republic of China that …”13 (Repeat phraseology opening paragraph above from “the provisions” to end paragraph).

Marshall
  1. Omission indicated in the original.