Foreign Relations of the United States, 1951, Asia and the Pacific, Volume VI, Part 1

694.001/8–3051: Telegram

The Chargé in the Republic of China (Rankin) to the Secretary of State ¹

secret

Taipei, August 30, 1951—5 p. m.

298. Chi Govt encountering difficulty drafting formula for scope application bilateral treaty with Japan view lacking info fol points:

1. Is inclusion such formula intended satisfy Jap or UK? FonMin feels quite useless attempt meet UK desires.

2. Have Japs insisted on inclusion such formula?

3. If formula devised which satisfies us will Japs accept?

Matter discussed in Exec Yuan yesterday and FonMin was supported in continuing exploratory efforts but agreement appeared feasible only on fol basis:

(a) Formula wld not constitute integral part of bilateral treaty but covered in some form separate agreement. Definite understanding on this point wld be reached before treaty signed without being made formal condition for treaty signature and formula.

(b) Wld not be placed in definitive document until shortly before multilateral and bilateral treaties take effect. Latter cld involve considerable delay and situation might change materially in meantime requiring different handling while preserving principle.

Understand Chi Govt considering several alternative drafts in formula of which fol two perhaps most acceptable to all concerned.

1. This treaty shall in respect of Republic of Chi be applicable to terms which are at present or may hereafter be under its effective control.

2. Treaty shall apply to terms which are at present or may hereafter be under effective control of respective contracting parties. Second alternative has advantage treating both sides alike which includes practical consideration future control of Ryukyus and other areas.

Dept and Tokyo comment requested urgently also answer to first three numbered questions if possible.

Rankin

1. Repeated to Tokyo as number 37.