711.932/11–3048: Telegram

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

2377. ReEmbtel 2376, November 30.18 Text of press release made 4:30 p.m., November 30 as follows:

“The exchange of ratifications to the ‘Treaty of Friendship, Commerce and Navigation between the United States of America and the Republic of China’ took place at the Ministry of Foreign Affairs [Page 774] at 4:30 p.m., November 30. The exchange of ratifications and the signing of a ‘Protocol of Exchange of Ratifications’ took place between the Honorable J. Leighton Stuart, American Ambassador to China, and His Excellency Wang Shih-chieh, Minister for Foreign Affairs of China.

“The treaty was signed on November 4, 1946 at Nanking and was ratified without reservation by the Chinese Government on November 11, 1946. The Senate of the United States approved the ratification subject to its reservation and understandings in a Senate resolution dated June 2, 1948. The American ratification was signed by President Truman on November 8, 1948.

“The following is the text of the Protocol of Exchange of Eatifications:

‘The undersigned, J. Leighton Stuart, Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of China, and Wang Shih-chieh, Minister for 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, which reservation and understanding are 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 United States 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.”

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 aforesaid reservation and understanding.

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 contains 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.”

The Minister for Foreign Affairs of the Republic of China stated that he has placed this understanding on record.

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 30th day of November, 1948.

For the Government of the United States of America:

For the Government of the Republic of China:’ ”

Stuart

[For exchanges of notes, November 29, 1948, regarding GATT, ITO, and Trust Territories, see Treaties and Other International Acts Series No. 1871, pages 94–107.]

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