115. Telegram 564 from Geneva1

[Facsimile Page 1]

564. From Johnson.

1.
I did not at today’s meeting introduce textual changes mentioned first para Secretary’s tel 569 nor those mentioned para one Deptel 582 as it was very clear that question is not verbal formula but factual situation and no concession on words was going to move him to any substantive concession on Americans. Wang will probably agree almost any verbal formula for para one but will insist on understanding that agreement does not infringe on CHICOM sovereignty and jurisdiction which he [Typeset Page 145] will interpret to mean that qte unfinished civil and criminal cases unqte will be settled in own way and own time.
2.
Issue is very clear and there is little left to say until shift in position one side or another.
3.
My present thinking is that at Tuesday’s meeting I might introduce redraft qte agreed announcement unqte based upon Wang’s August 18 draft (Mytel 545) modified as suggested first para Secretary’s tel 569 and para one Deptel 582 together with an qte understanding unqte on jurisdiction to be based on legal study mentioned para 2 Deptel 582 in which I would include a statement on timing of CHICOM completion review qte unfinished civil and criminal cases unqte. I would think that a phrase somewhat as follows would be sufficient: qte It is understood that the PRC has completed the review of some unfinished civil and criminal cases involving Americans and that these Americans will be able promptly to depart for the US. It is understood that the review of all remaining civil and criminal cases involving Americans will be completed within ….. weeks and that they will thereupon be able to depart for the US. Unqte
4.
My tactic would be to present Wang with full text of draft agreed announcement and qte understanding unqte pointing out how far we have gone to meet his point of view and stating it is only for him to insert some reasonable number of weeks in blank to conclude matter. I would state qte understanding unqte would not be made public. In event qte understanding unqte breached it seems to me we would have full freedom make public.
5.
Clear that under his present instructions Wang could not accept foregoing but it would place me in strongest possible negotiating position.
6.
Only other suggestion I have for action on our part which might resolve impasse would be to enter into agreement without any qte understanding unqte on time period during which release of Americans would be completed but take position that agenda item one not settled until release all Americans who desire leave and therefore not possible proceed to item two until that time. I merely suggest this as a possibility which I have not thoroughly thought through.
Gowen

Note: Mr. Waddell’s office (FE) notified 1:45 p.m. 8/20/55 MTB

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