711.932/7–1448: Telegram

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

1037. Urtel 1292, July 14. Texts of notes to be exchanged on Trust Territory follow.

“I have the honor to refer to Art XXVII of the Treaty of FCN between the USA and the Republic of China signed at Nanking on Nov 4, 1946 and to the recent conversations between representatives of our two Govts regarding the applicability of the provisions of the aforesaid Treaty to the Trust Territory of the Pacific Islands.

“In view of the special relationship established with respect to the Trust Territory of the Pacific Islands by the Trusteeship Agreement approved by the Security Council of the UN on Apr 2, 1947, the Govt of the USA proposes that: (1) the Treaty of FCN between the USA and the Republic of China signed at Nanking on Nov 4, 1946 shall not apply to the Trust Territory of the Pacific Islands except to the extent that the President of the USA shall by proclamation extend the provisions of the Treaty to such Trust Territory; (2) the provisions of the Treaty according treatment no less favorable than the treatment accorded to any third country shall not apply to advantages now accorded or which may hereafter be accorded by the USA or its territories and possessions, irrespective of any change in their political status, to the Trust Territory of the Pacific Islands.

“If the foregoing proposals are acceptable to the Govt of the Republic of China, the Govt of the USA will consider this note and your reply as placing on record the understanding of the two Govts in this matter, with effect from the date of entry into force of the aforesaid Treaty.”

Chinese note. “I have the honor to acknowledge the receipt of your note of today’s date which contains the following proposals on the part of the Govt of the USA with respect to the applicability to the Trust Territory of the Pacific Islands of the Treaty of FCN between the Republic of China and the USA signed at Nanking on Nov 4, 1946: (Repeat numbered statements in preceding draft note.)

“I have the honor to inform you that the Govt of the Republic of China accepts the foregoing proposals and considers your note together with this reply as placing on record the understanding of our two Govts in this matter, with effect from the date of entry into force of the aforesaid treaty.”

Marshall