Editorial Note

In note AF/DL No. 401 of July 24 to the Department, the French Ambassador stated, with reference to the French request of Mr. Dulles in June that the most-favored-nation clause in the Japanese peace treaty not be of a reciprocal type, that the language of Article 12 in the draft of July 3 represented an improvement, but that the exceptions mentioned in paragraph (d) did not in fact go beyond those which were provided for in an analogous manner by GATT.

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“The Government of France believes consequently that Article 12 in its actual wording is not sufficient to protect French territories overseas from the dangers of Japanese commercial competition.

“Under these conditions the French Government is of the opinion that the best solution would be to exclude from the treaty all mention of most-favoured-nation clauses.” (Informal translation filed in Lot 54 D 423)

For the memorandum by Mr. Dulles and Mr. Utter of the conversations held in Paris with French officials on June 11, see page 1110.

In the course of its reply of August 8 to the French note of July 24, the Department stated:

“It is not acceptable to the United States that Japan should be required to accord most-favored-nation treatment to the Allied Powers without reciprocity. Such a unilateral requirement would be at variance with the basic principle of the draft treaty [now of July 20] that Japan should be restored to equal status in the community of nations without restrictions and disabilities of a type not accepted by other sovereign nations. As to the proposal that there be excluded from the treaty all mention of most-favored-nation treatment, it is optional with each of the Allied Powers under Article 12 whether it will proceed as though there were no mention of most-favored-nation treatment in the treaty.” (Lot 54 D 423)

For additional information on this subject, see telegram Repsec 15 from Paris, August 9, page 1253.