702.0093/9–1049: Telegram
The Consul at Shanghai (McConaughy) to the Secretary of State
[Received September 10—7:24 a. m.]
3762. Consulate General has become increasingly aware of lengths to which Chinese Communists have gone in denying traditional distinction international law between status and function diplomatic and consular officers. Communists here have doggedly maintained consular officers and political agents their governments in same sense as diplomatic officers. On this premise they refuse accept or deal in any way with consular officers in absence diplomatic recognition. They are unmoved by all arguments re permissibility negotiations between consular officers and representatives revolutionary regime on local issues. Numerous precedents along this line (especially Latin Americans) impress them not at all.
[Page 1291]It would seem Chinese Communists are following Soviet lead this matter. Soviets obviously anticipated Chinese Communist attitude toward consular officers by nominally closing their consulates before take-over and taking other measures insure they would not become victims embarrassing situation resulting from Communist nonacceptanee consular status.
Trend Soviet legal thinking for some time appears to have been in direction erasing distinctions between diplomatic and consular officers. While basic reasons are probably, on one hand, desire to get as many diplomatic immunities for Soviet consular agents abroad as possible, and, on other, distrust of foreign consular officers in Soviet Union and reluctance to let them function in usual way which would bring them close to commercial and industrial circles, they can adduce certain trends in western foreign service practice indirectly supporting their thesis, notably:
Amalgamation diplomatic and consular services most west nations;
Interchange ability diplomatic and consular assignments with senior officers usually having had experience in both fields;
Combined diplomatic and consular offices at many capitals;
Dual commissions and dual status many officers of Western foreign services;
Assignment diplomatic attachés with diplomatic status to consular offices where they are under jurisdiction principal consular officer;
Known fact most large consular offices have political sections which do political reporting along same lines as diplomatic missions;
Occasional necessity for consular officers deal with high officials central government on national issues when such officials absent selves from capitals and maintain office in city where consulate is located.
Owing traditional lack highly centralized government China in past and prevalence semi-autonomous provincial governments, consular officers in China for nearly a century held quasi diplomatic position which perhaps makes more colorable Chinese Communist contention consuls are same species and same genus as diplomats. It is suggested this thesis Communist interpretation international law may be fruitful subject for study by our international lawyers inside and outside Department.
Sent Department 3762; repeated Nanking 1966.