711.932/9–1448: Telegram

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

1435. Dept accepts FonOff suggestion (Embtel 1674, September 14) for exchanges notes on GATT, ITO, Trust Territory. Notes should conform draft notes transmitted Deptels 1036, 1037, July 16. Dept still prefers have notes exchanged same day ratifications of treaty exchanged. Deletion paras 4, 5, 6, protocol of exchange of ratifications (Embtel 1676, Sep 14) acceptable.

Dept prefers avoid, if possible, amendment para 2, protocol of exchange, along lines FonOff suggestion, as would require in effect Dept interpretation and paraphrase Senate resolution. FonOff amendment (1) does not appear absolutely necessary, since reference to Emb note transmitting copy Senate resolution of FonOff provides explicit identification of document containing US reservation to treaty and formal communication thereof to Chin Govt, (2) contains indirect reference 1903 Treaty which Dept assumed Chin Govt anxious to avoid, (3) is incomplete statement of effects Senate resolution, since fails refer to final para resolution containing understanding on MFN treatment for copyright, which Dept feels must be regarded as integral part resolution, (4) appears state too broadly effect Senate reservation, which limits scope of understanding to protection US interests in respect translations and does not apply to other matters contained Art XI 1903 Treaty.

Dept feels FonOff apparently believes necessary continue Art XI 1903 Treaty in force to give proper effect to Senate reservation. Reservation establishes Art XI as standard by which protection US interests in translations will be interpreted, but agreement between US and China regarding treatment for translations consists of Senate reservation and Chinese acceptance thereof, not Art XI 1903 Treaty. Hence unnecessary continue Art XI in force, or refer specifically thereto in protocol of exchange.

Dept believes should retain para 2 original Dept draft (Deptel 1246, Aug 30). If absolutely necessary matter may be solved by quoting after para 2 original Dept draft full text Senate reservation.

[Page 768]

Dept desires have treaty enter into force soonest. In this connection, Emb may, at its discretion, ascertain informally whether FonOff continues to feel, on basis substantive considerations, it should refer reservation to Legislative Yuan.

Incorporation copy full text treaty in instrument ratification usual international practice but not obligatory. Dept has no objection accepting from Chin Govt instrument ratification prepared in accordance FonOff views, omitting copy text, provided instrument meets essential requirement of precise reference to treaty and explicit statement confirming and ratifying treaty. US instrument will contain photostatic text in both languages. Emb need not prepare or check Chinese text.