Foreign Relations of the United States, 1955–1957, Volume III, China, Microfiche Supplement

114. Telegram 563 from Geneva¹

Geneva, August 20, 1955, 5 p.m.

563. From Johnson.

1. Following is full text Wang’s proposed “understandings” as given me August 18 meeting which may be helpful in study referred to Deptel 582 paragraph two.

2. “In your proposed agreed announcement no specific provisions have been made of those nationals with unfinished civil or criminal cases. At our last meeting, however, you stated that you did not think anything that you said in the agreed announcement in any way infringed upon or raised a question of sovereignty or jurisdiction and that you did not in any way attempt to dictate to my government on what measure or action it should take, that being matters only my government could decide. You also stated that you had never suggested cases of Americans should be settled outside the framework of our law and that you had always presumed that the measures taken by my government were within the framework of our juridical procedures.

3. On the basis of our understanding of your statements we are ready to agree to write down in the agreed announcement that both sides announce that they have adopted and will further adopt appropriate measures to enable the nationals of the other side who desire to return to exercise their rights to do so, without specifically raising the question of those being involved in unfinished civil or criminal cases.

4. As regards the question of one government making requests on behalf of its nationals towards the entrusted country, I have proposed that the respective governments should be able to request, on behalf of their own nationals who desire to return, the entrusted country to investigate the facts and to make representations with the government of the other side in order to resolve the difficulties of such civilians in their departure. However, your proposed agreed announcement also failed to provide for this point. At our last meeting you indicated that after the implementation of the third country arrangement nationals of each side can directly approach the diplomatic mission of the third country concerned. If, however, nationals of any side report to their government about their departure being prevented the government concerned can also refer these complaints to the third country for the latter to make representations or to carry out investigation. I believe you certainly will have no objection to that. With this understanding we will also agree to make no provision on this point in our agreement.

5. I request that the above two points be included in the record of the meeting.”

Gowen

1. Source: Department of State, Central Files, 611.93/8–2055. Confidential; Priority.