693.94/9–2751: Telegram
The Chargé in the Republic of China (Rankin) to the Secretary of State
419. Re Embtel 420, Sept 27.1 Sept 26 FonMin Yeh handed me fol memo dated 26th:
Ref is made to memo of Min FonAff dated Aug 13, 1951 and to recent conversations between Chi Min for FonAff and US Chargé d’Affaires in Taipei on conclusion of peace by Republic China with Japan, and particularly to communications from State Dept verbally transmitted by the Chargé to the Minister on Aug 23, 19512 in which the Min is given to understand that the US will endeavor to facilitate conclusion of a bilateral peace treaty by Republic Chi with Japan, that treaty may be signed shortly after signing of multilateral Peace Treaty in San Francisco upon understanding that Chi Govt seeks no significant changes in multilateral Peace Treaty and that a formula with regard to scope of application of bilateral Peace Treaty be agreed upon prior to signature of that treaty and that formula should in no way affect present position of Govt of Republic Chi in United Nations and rightful claims it has over mainland of China.
In light of conversations referred to above and considering its position as one of the allies in the war against Japan, it is desire of Chi Govt to have Jap sign with it a bilateral Peace Treaty on substantially same terms as are provided in ultimate Peace Treaty signed in San Francisco Sept 8, 1951 and to have signature of bilateral Peace Treaty take place as soon as possible prior to entry into force of multilateral Peace Treaty.
To this end, Govt of Republic China wish to suggest, as a basis of discussion fol 2 alternative formulae relative to scope of application of bilateral Peace Treaty:
- a.
- At signing of bilateral Peace Treaty, plenipotentiary of
Republic Chi will make following statement:
“Present treaty is intended to apply to all territory of Republic China. As regards those areas in such territory which are now under Commie military occupation as a result of aggression of International Communism, Govt of Republic Chi will undertake to enforce treaty in such areas as soon as they are brought under its effective control.”
- b.
- Upon exchange of ratifications of bilateral Peace Treaty
by Govts of Republic Chi and Japan, following statement will
be recorded in agreed minutes:
“Present treaty shall, in respect of Republic Chi, be applicable in all territories which are now, and which may hereafter be, under control of Govt of Republic Chi.”
In formulating above two formulae, due care has been taken of understanding that they shld in no way affect present position of Govt of Republic of Chi in United Nations and rightful claims it has over mainland of China. Any other formula consistent with this understanding which US Govt may wish to propose will receive prompt attention of Chi Govt.3
- In this telegram the Chargé in part requested the Department’s comments on the memorandum transmitted in telegram 419, particularly with regard to the alternative formulae concerning scope of application of the proposed treaty (693.94/9–2751).↩
- Reference is to the substance of telegram 164 to Taipei, August 21, p. 1279.↩
- In telegram 334 to Taipei, October 17, the Department stated: “Inform FonMin second formula contained urtel 419 Sept 27 preferable first formula. However unless you perceive objection obtain FonMin’s comment fol alternative formula: ‘It is mutually understood that this treaty shall be applicable at any given time with respect to all areas under the actual control of either High Contracting Party’. Inform FonMin in Dept’s opinion agreement re scope application treaty wld have to take place time of signature rather than time ratification although unimportant whether agreement contained body treaty or takes form joint announcement or agreed minutes.” (693.94/10–1751)↩