Office of the Historian

711.932/11–2248: Telegram

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

Nanking, November 22, 1948—6 p.m.
[Received November 22—8:36 a.m.]

2277. ReDeptel 1550, November 5, 4 p.m. and Embtel 2054, November 1 regarding text Embassy and Treaty Dept spokesman hoped would be acceptable to Dept and Foreign Minister.

Foreign Minister proposes new text for following reasons:

(1).
Clause “until further negotiations and agreement concerning translations are forthcoming” objectionable personally as indicates informal document intention of future negotiations on matter over which two Govts hopelessly deadlocked. Embassy reacted strongly this mutilation Senate reservation. Treaty Dept heads sending fresh instructions in view Dept’s prior instructions and Legislative Yuan approval future negotiations.
(2).
Foreign Minister feels statement re MFN treatment (a) superfluous and therefore prefers to state in protocol that it has been “placed on record”; (b) cannot read “authorized by Govt to accept” as MFN understanding inadvertently not covered by Legislative Yuan resolution.

Foreign Office text follows:

  • Paragraph 1 agreed.
  • Paragraph 2. “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 which reservation and understanding are as follows: “the Govt 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.’”
  • Paragraph 3. “The Minister for Foreign Affairs of the Republic of China stated that he was authorized by his Govt to declare that the Republic of China accepted the aforesaid reservation and understanding.”
  • Paragraph 4. “The Ambassador of the United States of America also stated that the resolution of June 2, 1948, of the Senate of the United States of America containing the following understanding: ‘The Senate further understands that the treaty does not obligate either party to extend most favored nation treatment with respect to copyright.’”
  • Paragraph 5. “The Minister for Foreign Affairs of the Republic of China stated that he has placed this understanding on record.”

Closing three paragraghs agreed.

Embassy recommends amendment language paragraph 2 as proposed above by Foreign Minister to include negotiations clause and acceptance other paragraphs.

Embassy appreciates and congratulates Dept on prompt transmission ratification instrument which arrived excellent condition.

Stuart