711.932/8–3048: Telegram

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

1246. Suggested draft of protocol of exchange of ratifications (Deptel 1230, Aug 25, 1948) follows:

“The undersigned, J. Leighton Stuart, Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of China, and ............, Minister of Foreign Affairs of the Republic of China, duly authorized by their respective Governments, met this day for the purpose of exchanging the instruments of ratification of their respective Governments of the treaty of friendship, commerce, and navigation between the United States of America and the Republic of China signed at Nanking on November 4, 1946.

“The Ambassador of the United States of America stated that the treaty is ratified on behalf of the United States of America subject to the reservation and understanding set forth in the Resolution of June 2, 1948 of the Senate of the United States of America advising and consenting to ratification, a copy of which Resolution was communicated to the Minister of Foreign Affairs of the Republic of China by the Ambassador of the United States of America by his note of ......., 1948.

“The Minister of Foreign Affairs of the Republic of China stated that he was authorized by his Government to declare that the Republic of China accepted the aforesaid reservation and understanding.

“The undersigned, duly authorized by their respective Governments, placed on record also the following understandings which have been agreed upon by the two Governments with respect to the aforesaid treaty:

1.
The provisions of the treaty of friendship, commerce, and navigation signed at Nanking on November 4, 1946 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.
2.
In view of the special relationship established between the United States of America and the Trust Territory of the Pacific Islands by the Trusteeship Agreement approved by the Security [Page 765] Council of the United Nations on April 2, 1947, and by the Government of the United States of America on July 18, 1947, the treaty of friendship, commerce, and navigation signed at Nanking on November 4, 1946 shall not apply to the Trust Territory of the Pacific Islands except to the extent that the President of the United States of America shall by proclamation extend provisions of the treaty to such Trust Territory; and 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 United States of America or its territories and possessions, irrespective of their future political status, to the Trust Territory of the Pacific Islands.

“The exchange of instruments of ratification thereupon took place in the usual manner, the respective instruments having been carefully compared and found to be in due form.

In witness whereof, the respective Plenipotentiaries have signed the present Protocol of Exchange and have affixed thereto their seals.

Done in duplicate, in the English and Chinese languages, at Nanking this ..... day of ....., 1948.

For the Government of the United States of America:

For the Government of the Republic of China.”

Emb may communicate suggested draft to FonOff at its discretion, and in accordance instructions contained Deptel 1230.

Marshall