127. Memorandum From the Deputy Assistant Secretary of State for Economic Affairs (Kalijarvi) to the Deputy Under Secretary of State (Murphy)1

SUBJECT

  • China Trade Controls Problem

In response to your request for a background summary on the history and status of the China trade control problem, there are attached the following tabs:2

  • Tab A: Summary
  • Tab B: Possible courses of action
  • Tab C: Chronology of developments
  • Tab D: Composition of embargo lists
  • Tab E: Trade by members of CHINCOM with Communist China including CHINCOM exceptions

The urgency of the problem is brought into clear focus by the recent UK exceptions for Land Rovers and tractors coupled with the UK statement of July 13 criticizing US inflexibility and formally raising the question in CHINCOM of the desirability of modifying [Page 381] the China controls. (See Paris Polto 104 Tab F)3 It is probable that most of the other PC’s are in substantial agreement with the UK. In the Land Rover and tractor cases concerning which the US was the only opposing country, several important PC’s stated that they view these cases as precedents to justify similar future cases of their own.

The present situation poses a difficult dilemma for the US Government. On the one hand there is a growing determination on the part of most leading CHINCOM countries to effect drastic modifications of CHINCOM controls and further reduction of COCOM controls. On the other hand the US has been opposed to any significant relaxation of the China differential controls. In the face of this unresolved difference of views, it is apparent that we are losing an effective multilateral China trade control program. The general attitude of other CHINCOM countries, together with recent unilateral actions by the UK in particular, have created a situation where continued opposition by the US to any significant weakening of the controls is now being used by the UK and others as an excuse for possible abandonment of the entire multilateral control system on the ground that constant US opposition “to the views of the majority” makes the system increasingly unworkable. This places us in an untenable position in CHINCOM. A differential level of controls over trade with Communist China has been, and continues to be, a basic element in our overall Far Eastern policy strongly supported by Congress and the American public. To salvage as substantial a differential as possible at this juncture, serious consideration should be given to the possibility of modifying China trade controls in the very near future on a basis which would restrain CHINCOM members from unilateral actions which have adverse effects on overall US policy in the Far East. It is our judgment that, unless the US is prepared to concede, however reluctantly, an immediate and significant readjustment of China trade controls, we shall by the end of the year, if not sooner, find ourselves unable either to preserve any CHINCOM differential at all or to forestall proposals already voiced for a new relaxation of COCOM controls.

Tab B

CHINA TRADE CONTROLS PROBLEM

Possible Courses of Action

The following courses of action are available for consideration: [Page 382]

a)
The U.S. might take no further initiative at this time in discussions with other PC’s on this problem. The other PC’s would assume that the U.S. would not wish a CG meeting until after the November elections. On the further assumption that the U.S. inaction means “non-objection” each PC would probably approve shipments of embargoed items as required by commercial pressures. Since exceptions might be made over the entire range of the differential a complete frustration of the differential could result, the only limiting factor being U.S. or possible other PC opposition to cases submitted for prior consultation.
b)
The U.S. might seek to identify through consultations with other PC’s as limited a list of items as possible which could be exported under exceptions procedures without U.S. objection. Such a list, to have any chance of acceptance by other PC’s, would have to include many items not on the list of 81 previously approved by the NSC. It seems questionable that it would be possible to reach inter-departmental agreement on such a list within a short period. If, in addition, the various negotiating objectives were to be sought it is doubtful that negotiations could successfully be concluded given the current attitudes of the UK and certain other PC’s.
c)
The U.S. might agree to negotiate a list of CHINCOM items, based on the Japanese counter proposal plus a limited number of additional items of special significance to other CHINCOM countries, as to which exceptions procedure could be applied without U.S. objection for an interim period, assuming no worsening of the Far East situation, and pending a CG review at a later date. This alternative might meet with opposition within the U.S. Government because of the strategic importance of some of the items which would have to be included for exception treatment if multilateral agreement is to be obtained; however, if negotiable with the majority of CHINCOM countries, it would deprive the rest of the majority support they now have for a complete dismantling of the differential, and would preserve in substantial measure the political and psychological benefit of differential treatment of Communist China in line with our Far East policy.
d)
The U.S. might seek an interim agreement that the PC’s will limit their exceptions cases now subject to Doc 782 … procedure in return for which the U.S. would agree not to object to cases meeting such standards and to participate in a CG meeting in late November or early December to seek a definitive settlement of the problem. In view of the recent UK proposal to extend the Doc 782 to the entire differential there is some question whether this alternative would be negotiable even as an interim measure.
e)
The U.S. might acquiesce in an extension of the Doc 782 exceptions procedure to the entire differential. This would have the effect of retaining the form and letter of the controls but removing all substance, thereby leaving only a meaningless control.
f)
The U.S. might agree to negotiate a substantial reduction in the embargo list to be accomplished in two or three stages over a specified period of time and, assuming no worsening of the Far East situation, might agree to a further review at a later date. This alternative would probably meet with opposition within the U.S. Government because of the strategic importance which Defense attaches to practically all of the items on the China embargo list; however, if negotiable with our Allies, it would permit an orderly relaxation of the control level and at the same time allow the preservation of at least part of the differential (i.e., a hard core which might have political and psychological benefit). The U.S. might hope to accomplish at the same time the addition to the COCOM lists of copper wire, boron, merchant vessels, and possibly one or two other items.
g)
The U.S. might agree to acquiesce in the removal of the differential by stages. As in the case of the previous course of action, the U.S. might hope to accomplish at the same time the addition to the COCOM lists of certain priority items. This alternative would be inconsistent with our current overall Far Eastern policy and, accordingly, negotiations along these lines could not be considered without a full reappraisal of this policy.
h)
The U.S. might agree to a complete relaxation of the China trade controls to the COCOM level as favored by a large number of other PC’s. This alternative is completely inconsistent with our current overall Far Eastern policy and, accordingly, negotiations along these lines could not be considered without a full reappraisal of this policy.

  1. Source: Department of State, Central Files, 493.009/7–1856. Secret. Drafted by Knoll, Wright, and Hodge; Robertson, McConaughy, and Moline (in draft) concurred.
  2. Tabs A, C, D, and E are not printed.
  3. Not printed. (Department of State, Central Files, 493.419/7–1356)