125.0093/11–1849: Telegram

The Second Secretary of Embassy in China (Bacon) to the Secretary of State

2454. [For Peiping:] Contel 2001, November 15. As result joint discussions at Embassy, principal officers missions mentioned below have requested quoted portion this telegram be passed by AmCon Peiping to respective Consulates Peiping and by Department to respective Embassies Washington for transmission Foreign Offices concerned.

“As result meetings November 17 and on 18 of officers in charge British, Netherlands, French, Italian and American Embassies following conclusions reached:

1.
We see no objection eventual registration as such since this probably desirable as means protecting rights.
2.
Meantime letter proposed by you should be sent not to Chou En-lai but to land administration bureau since (a) policy to date has been to approach local administrative authorities rather than Central Government, (b) Chou’s reply, if any, might well be delayed until after November 30 which case penalties for noncompliance might be applied.
3.
Both letter and possible registration application should make clear rights in respect property described are held by government concerned.
4.
Whether letter or application is filed, manner of signing seems secondary importance. If document bearing official signature will be [Page 1116] accepted should be signed that manner. But if consulates have reason to believe document liable rejection if so signed should be signed in individual capacity. However, in such case should be made clear signer acting as agent for government concerned.
5.
If, but only if, there is evidence that registration preliminary step imposition taxes, application should contain reservation that government concerned does not in effecting registration acquiesce in possible exercise tax powers local authorities in respect such property.
6.
We recommend that no reference be made in your letter to deeds, treaties, et cetera, since only few deeds available and since we consider this neither suitable time nor suitable occasion risk raising controversial question validity existing treaties and other intergovernmental agreements.”

Department pass to Peiping 402, Shanghai 1238. Peiping pass Tientsin.

Bacon