661.9331/3–149: Telegram

The Secretary of State to the Ambassador in China (Stuart)26

283. On basis info available re Sino-Sov trade past (urtels 468 Feb 25, 494 Mar 1, and Deptel 215 Feb 15) Dept unable determine effect on US rights 1946 treaty. Hence you shld not in conversations with Chinese take categorical position. For your info treaty in such cases in general provides for mfn27 rights, and at most US cld reserve right to claim on behalf US natls right under treaty to same or similar rights conceded to Sovs; shld mineral concessions to Sovs be exclusive and for long period this might indicate Chinese wld be unable accord US Natls treatment to which entitled by treaty with respect to mineral resources that area and thus might in sense be infringement treaty. See Arts IV, V, and XX of 1946 treaty. You shld not state this to Chinese unless further instructed but shld merely indicate in response queries our interest in Sino-Sov agreement that since our treaty provides [Page 1052]mfn treatment we are of course interested in concessions to third parties (Canton pls note).

Arts 1946 treaty most likely be affected by other provisions Sino-Sov Agreement are Arts III, X and XVI.

Tihwa pls report full details final provisions agreement, especially those relating customs treatment Sov trade with Sinkiang and question mineral rights.

  1. Repeated to the Minister-Counselor of Embassy at Canton as telCan No. 37 and to the Consul at Tihwa as No. 23.
  2. Most-favored-nation.