Foreign Relations of the United States, 1946, The Far East: China, Volume IX

Marshall Mission Files, Lot 54–D270

Draft of Directive Regarding the Movement of Field Teams, Prepared by General Chou En-lai⁵⁶

May 12, 1946

1. The military and civil authorities of both the National Government and the Chinese Communist Party shall render all possible assistance to the activities of the field teams, without imposing any delay or restriction.

2. The military and civil authorities of both the National Government and the Chinese Communist Party shall assure the personal freedom and security of the field team members.

3. Upon receipt of any report rendered by the National Government or the Chinese Communist Party regarding truce violating troop movement, which involves a strength of over . . . . . . . men, the field team, or Executive Headquarters, shall immediately conduct investigation. In case the report is found untrue, the party rendering this report shall be punished either on the unanimous agreement of the representatives or by the decision of the higher level. The punishment shall be dealt out in the following manner: The party rendering its first false report will be deprived of its next turn to request investigation; after rendering its second false report [it] will be deprived of its next four turns to request investigation; after rendering its third false report [it] will be deprived of its next six turns to request investigation, and so forth.

4. Upon receipt of any report rendered by the National Government or the Chinese Communist Party referring to hostilities, which occurs in places of close contact of Government and Communist troops, the field team shall immediately conduct investigation. In the event the report refers to places which are within the area of one party, and the field team cannot resolve the procedure among its members, the case shall be referred to Executive Headquarters, which will then issue instruction to the team for action. If a report is found untrue, the party rendering this report will be punished, the procedure of punishment is same as specified in paragraph 3.

5. In conducting investigation on reported hostilities or truce violating troop movement, the following two principles shall be jointly adhered to: (1) Priority be arranged in the light of the seriousness find urgency of the case; (2) Equal chance be granted to the requests of the National Government and Chinese Communist Party, so that if the first investigation is made at the request of the one party, the next investigation will be made at the request of the other party. Unless one of the parties makes no request for investigation, or is deprived of its turn to make a request owing to punishment, no consecutive investigation based on the reports of the same party shall be made.

6. In case the Government or Chinese Communist member refuses to implement the foregoing provisions, the American representative as the chairman of the team is authorized to charge him directly to Executive Headquarters and request his punishment.

56. Submitted on May 12 to Brigadier General Byroade.