Marshall Mission Files, Lot 54–D270

Memorandum by General Marshall to Colonel Marshall S. Carter

OSE 610

Attached memorandum prepared at the Embassy’s request by Mr. Boiling Powell81 outlines in general various considerations connected with the loan CNAC has been attempting to obtain through the Eximbank. It is suggested that you hand this to appropriate Eximbank official for their use in considering the CNAC project.

Any loan of this nature, General Marshall thinks, should be based by the Eximbank on the commercial and technical aspects.

The restoration or expansion and improvement of communications in China—water, rail and air—is of fundamental importance to the economic recovery of the country. The problem is just how much of any loan should be granted in the light of the present political and military attitude of the government. General Marshall previously stated that he thought preliminary loans might well be granted for the restoration of the Canton–Hankow railroad and the first year preparations for the Yellow River bridge project. For the same reason a preliminary loan of about 10 million might be granted to initiate the development of CNAC, providing the commercial and technical (CAB82 problems) appeared to justify such action.

For General Marshall:
J. Hart Caughey

Colonel, G. S. C.
[Page 1028]
[Annex]

Memorandum by the Adviser of the Office of Transport and Communications (Powell) to the Minister-Counselor of Embassy in China (Butterworth)

Prior to my departure for China on August 6, 1946, I interviewed an official of the Export-Import Bank in Washington concerning the possibility of loan to China for the improvement of its commercial air transport system. He stated, that the Export–Import Bank had been informally approached on the subject by officials of the CNAC, and that the matter had been discussed in an informal way. He stated that he had advised the CNAC people that no loan could be made for this purpose except out of the $500,000,000 fund that had been earmarked for reconstruction in China, which fund was under General Marshall’s control thus making his approval necessary. This probably explains why CNAC has now approached General Marshall on this matter.

The Export–Import Bank official stated that there had only been one meeting with CNAC officials on the matter and that the substantive merits of the proposed loan had not been discussed. In view of the fact that this matter has been presented to General Marshall at this time when the proposed Air Transport Agreement between the United States and China is being concluded by Chinese authorities,83 the following observations would seem to be pertinent, particularly since at the commencement of these negotiations the Minister for Communications proposed that the Air Transport Agreement be informally linked with an agreement by the United States to finance the improvement of Chinese commercial air transport facilities. The Minister was advised that no such commitment could be made in connection with the Air Transport Agreement, and that if China insisted on such a commitment as a prerequisite to the Air Transport Agreement our Government would terminate the negotiations for this Agreement.

1. Relation of Proposed Loan to International Air Transport.

(a)
The proposed loan would not improve overall international commercial air transport operations or services to or through China, but, aside from improvement of internal air transport, would merely enable CNAC to participate more extensively in the utilization of international air transport facilities of other countries. The funds received from this loan would not be used to improve the airports or other navigation facilities, including radio and meteorological services, [Page 1029] of China for the general use of those interests rendering international air transport services to China. No part of the loan is proposed to be used in improving airport runways, an improvement which is badly needed in China particularly at Chinese international commercial airports. The only airport improvements envisaged are the construction of hangars and navigation facilities for CNAC’s exclusive use within China, the majority of which would apparently be located at points not designated by Chinese authorities as international airports.
In the negotiations for the Air Transport Agreement the principal reason offered by the Chinese authorities for their hesitancy in executing the agreement has been the fact that the airports designated, or to be designated, as international commercial airports are not adequate for the purpose. It is evident that the proposed loan to CNAC would not in any way remedy this situation.
(b)
The greater part of the fund obtained through the loan is proposed to be used to enable CNAC to purchase new aircraft and spare parts. This would give CNAC the equipment necessary for extensive participation in international commercial air transport operations, giving rise to the following situations:
(1)
The United States Government would be financing additional competition for American international airlines, not only in the handling of traffic between the United States and China (third and fourth freedom traffic) but also in the handling of fifth freedom traffic, i. e., passengers, mail and cargo destined for or originating in the territory of any other country. The United States Government has certificated three American airlines to fly international routes to and through China. The Civil Aeronautics Board certificated these three American carriers and no more on the basis of the potential traffic available for these three competing carriers. In view of this fact it would seem that the Government would not be justified in now financing additional competition for the American carriers in this field of operations.
(2)
Pan-American Airways is said to own a 20 percent stock interest in CNAC, and exercises further control over the operation by virtue of a management contract. If this loan were made, the United States would be indirectly financing additional international air transport operations for the benefit of Pan-American Airways without extending similar assistance to the other American airlines it has certificated to do business in this field. It would seem that the other American airlines concerned would have reason to object to such action, particularly since this would give Pan American indirect participation on international routes for which other American carriers have been given exclusive American rights by our Government through the CAB.
(3)
Under the Air Transport Agreement “substantial ownership and effective control of airlines” of China must “be vested in nationals” of China. Otherwise, an airline of Chinese registration [Page 1030] could be prohibited by CAB from flying a scheduled operation to the United States under this Agreement. Whether or not, in view of the Pan American’s relationship to CNAC, “substantial ownership and effective control” of CNAC is vested in nationals of China is a matter that would have to be decided by the CAB on all the facts of the case. In any event CAB might be consulted in the matter so that its freedom of decision would not be impaired by the United States making this loan to CNAC when part of the proceeds would be used to finance CNAC’s international operations under the proposed Air Transport Agreement. The importance of this Pan-American participation is particularly emphasized in Item VI of the prospectus issued by CNAC on the loan.

2. Other Considerations in Connection With Such a Loan.

Financial assistance to China for the improvement of airports or other air navigation facilities, including radio and meteorological services, would seem to be warranted under proper conditions. Also loans for the improvement of its internal air transport services might be justified as part of a general reconstruction and rehabilitation program. But it would seem logical that these two steps should be taken before China is assisted in establishing an international air transport service.

Surplus property sales by the United States to China have made available to China a substantial though indeterminate amount of equipment and materials for the accomplishment of these two steps if they are properly utilized. In addition provision is made under the Convention on International Civil Aviation84 for financial assistance to countries like China for the improvement of airports and other air navigation facilities used in international services. Furthermore, in time, loans for such purposes may well be made by the International Bank.

There are certain features that bear special consideration with respect to loans having to do with aviation:

1.
The present conflict between the Ministry of Defense and the Ministry of Communications over the use of airports and navigation facilities in China for commercial purposes should be settled. In this connection more of the better airports at Chinese industrial and commercial centers should be designated for commercial use instead of being retained for military use.
2.
Legislation should be enacted setting up a sound and efficient civil aviation regulatory body with sufficient authority to act promptly and finally in civil aviation matters without having to channel everything through higher levels of government. This regulatory body should be adequately staffed and efficiently organized.
3.
The status of the CATC85 and CNAC should be clarified, and policy with respect to competition between them established. The authority of the regulatory body over those companies should be established, and sound policies with respect to rates, mail subsidies and safety regulations set up.
4.
Effective program for improvement of airports and navigation aids should be established and put in operation.

B[olling] R. P[owell]

  1. Adviser of the Office of Transport and Communications.
  2. Civil Aeronautics Board.
  3. Signed at Nanking, December 20, 1946, T.I.A.S. No. 1609, or 61 Stat. (pt. 3) 2799. For correspondence on this subject, see pp. 1228 ff.
  4. Formulated at Chicago, December 7, 1944, T.I.A.S. No. 1591; or 61 Stat, (pt 2) 1180.
  5. Central Air Transport Corporation, a subsidiary of the Chinese Ministry of Communications.