711.932/11–148: Telegram

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

2054. Reference Embtel 2046, October 31. Last sentence paragraph 3 Embtel 2046, October 31 should read “Foreign Minister will consider Department view that article XI need not be kept in force. Embassy recommends that ITO, GATT, Trust Territory notes be exchanged as proposed by Foreign Office.”

In connection with first quoted sentence above, Treaty Department spokesman is suggesting to director of Department and Foreign Minister that Foreign Office purposes requesting amendment to paragraph 2 of protocol suggested by Department will be met by accepting paragraph 2 as proposed by Department and amending paragraph 3 by such wording as “the Minister for Foreign Affairs of the Republic of China stated that he was authorized by his Government to declare that the Republic of China accepted the reservation and understandings of the Senate of the United States, quoted as follows: ‘The Government of the United States of America does not accept section 5 (c) of the protocol relating to protection against translations of literary and artistic works and with the understanding that US interests in this respect will be interpreted in accordance with the provisions of the treaty as to commercial relations signed at Shanghai October 8, 1903, until further negotiations and agreement concerning translations are forthcoming.’” And “The Senate further understands that the treaty does not obligate either party to extend most-favored-nation treatment with respect to copyright”.

Paragraphs 7, 8 and 9 as stated Deptel 1246, August 30, 6 p.m.

He is also presenting Embassy position that original wording paragraphs 2 and 3 will best meet purposes acceptance Senate reservation and understandings.

Embassy reiterates request contained Embtel 2046, October 31 that instruments of ratification be sent Nanking soonest. If preparation instructions to be delayed for any reason, alternative of immediately sending Chinese instruments to Washington might well be explored.

Stuart