130. Memorandum From the Secretary of State to the Chairman of the Council on Foreign Economic Policy (Randall)1

SUBJECT

  • China Trade Controls Problem

Transmitted herewith is a proposal for an interim course of action with respect to the China trade control problem pending development of definitive policy recommendations by the Economic Defense Advisory Committee in accordance with the assignment of July 31 by the Council on Foreign Economic Policy.

The attached proposal would provide a basis for renewed talks with CHINCOM participating countries prior to the resumption of CHINCOM sessions the end of August. Early consideration of this matter by the Council would therefore be appreciated.

John Foster Dulles2

[Page 387]

[Enclosure]

CHINA TRADE CONTROLS PROBLEM3

Problem

The problem is to determine an interim policy with respect to the China trade control question to permit an early series of bilateral discussions with other CHINCOM participating countries prior to the resumption of CHINCOM meetings the latter part of August and pending the development of final policy recommendations by the Economic Defense Advisory Committee by October 31.

Discussion

1.
It was agreed in the Council on Foreign Economic Policy on July 31 that the State Department would submit its proposal for an interim policy with respect to the China trade control question for consideration by the Council at an early meeting. The background assumptions underlying the State Department proposal contained herein are as follows:
a.
The interim policy approved by the NSC on April 26 has been found to be non-negotiable with the United Kingdom and Japan in its present form. The British have rejected the proposal for embargo of copper wire and have found the list of 81 items unacceptable as a basis for limiting their exceptions. The Japanese have accepted the proposal for embargo of copper wire but have suggested the addition of 19 items to the list of 81. Settlement with the Japanese seems possible if the United States agrees to some or all of these items.
b.
In view of the United Kingdom and Japanese positions, it has seemed impracticable to approach other participating countries in the same terms. Most other CHINCOM participating countries favor ultimate abandonment of the China differential list though not necessarily in a single step. The French, the Germans and the Italians have each devised lists of items for priority deletion and have developed varying formulas for removal of the differential none of which would fit within the United States package proposal of April 26.
c.
If no further bilateral talks are held by the United States with other participating countries prior to the end of the year, it remains possible for any other participating country to urge a Consultative Group meeting in terms that the United States would find it difficult to reject even though the United States review of long-term policy were incomplete.
d.
In the meantime, increased and indiscriminate use of the exceptions procedures seems likely unless the United States takes some initiative in urging restraint.
e.
The inability of the United States thus far to propose some negotiable accommodation on the China trade control question has resulted in at least the temporary loss of our position of leadership in the CHINCOM to the United Kingdom as a result of its statement of July 13 and has had a corroding effect upon cooperation within the multilateral organization.
f.
If the United States is unable to devise some realistic basis on which to resume discussions with other participating countries on the China problem, the damage may extend to the COCOM system as well. The French have already requested trilateral talks on both the CHINCOM problem and the deletion of items from the COCOM list.
2.
In light of the foregoing assumptions, it seems clear that the United States must find some basis for approaching other participating countries on the China trade control question if the situation in CHINCOM/COCOM is to be kept from virtually irreparable deterioration.

Recommendation

It is recommended that pending the development of a final position by the United States on the China trade control question, the following should be the interim course of action:

(1)
Settlement should be made with the Japanese on the basis of adding to the original United States list of 81 items as many of the 19 items covered by the 782 procedure as necessary (see ED/EC D–102 of June 14, 19564 for the listing of items), the Japanese thereafter to support the United States in efforts to gain acceptance of this list by other participating countries.
(2)
The list as amended should be proposed to other participating countries (the United Kingdom to be approached last) as a basis for United States non-objection to CHINCOM exceptions. It should be understood that the list might be expanded in the course of discussions with other countries by an additional limited number of items subject to the 782 procedure (in the range of ten to twenty items of interest to countries other than Japan) to permit the development of an agreed list.5
(3)
The negotiating objectives set forth in paragraph 3(b) of the CFEP report of April 6, 1956 should not be considered as a sine qua non for purposes of the interim policy, but instead as objectives to be pursued on their merits at the most propitious time; the objective [Page 389] for copper wire specifically to be changed from embargo to quantitative control.
(4)

If the attempt to develop a list of items for liberalized exceptions treatment is not successful, agreement should then be sought for a more general interim agreement as follows:

a. The United States would seek agreement that the participating countries:

i)
will be discriminating in their use of the exceptions procedures so as to avoid vitiating the central purpose of the multilateral China controls pending definitive discussion of the problem;
ii)
will permit only limited quantities of items to be shipped and these to be judged on a case-by-case basis; and
iii)
will have regard to the contribution which the item may make to the military strength of Communist China in accordance with a strict interpretation of the CHINCOM exceptions procedures.

5.
In return for agreement by other participating countries either on a specific list or on the more general formula set forth in paragraph 4, the United States would agree:
(a)
to participate in a CG meeting by the end of the year to seek a definitive settlement of differences between the United States and other participating countries on the China trade control problem;
(b)
not to object to reasonable shipments of items appearing on the agreed list provided for in paragraph 2 or alternatively, to exceptions cases meeting the standards outlined in paragraph 4. (In fulfilling the latter commitment relating to paragraph 4 the United States as a general rule would refrain from raising objections to Document 782 cases unless there is clear evidence that the above-listed standards are not being met.)

Herbert V. Prochnow6
Deputy Under Secretary for Economic Affairs
  1. Source: Department of State, Central Files, 493.009/8–756. Secret. Drafted by Wright.
  2. Printed from a copy that bears this stamped signature.
  3. Secret. Drafted by Wright and cleared by RA, CA, FE, and E.
  4. Not printed. (Department of State, MDAC Files: Lot 59 D 665)
  5. It should be noted that certain of the items appearing on the original list of 81 (about 34 items) are subject to the Document 471 prior consultation, quid pro quo justification. These items are of significantly less strategic importance than is the case with Document 471 items generally. In order to preserve the effectiveness of the Document 471 exceptions procedure, an adjustment should be made in CHINCOM (assuming agreement on a liberalized exceptions list) to make clear that the 34 items in question would be subject to the Document 782 ex post facto notification procedure rather than the stricter 471 procedure. [Footnote in the source text.]
  6. Printed from a copy that bears this typed signature.