FOREIGN OFFICE,

S..1.

23rd October, 1942.

200

My dear Ambassador,

Many thanks for your letter of the 22nd October containing some further comments of the Department of State on the subject of the draft treaty with China on extraterritoriality. I am grateful for the postponement

by two days of the communication which the United States Government proposes to make to the Chinese Ambassador in Wshington. Although we shall not ourselves be able to communicate our draft treaty so carly as tomorrow, the postponement will help towards bringing our respective dated of communication nearer together.

I enclose heroin a further memorandum in reply to the message from the Department of State contained in letter. As you will see,

your it is our intention to bring our own draft tresty nd procedure very closely into conformity with yours. I would, however, draw your attention once again to the important point of principle which arises n Article 5f your draft treaty

f your draft tronty (see point c in the accompanying memorandum).

I am aware that the Chinese Government might sec difficulty in granting full national treatment especially in the matter of industrial enterprise, but as I tld you on the telephone last night, we feel strongly that if we do not try to obtain national treatment in the matters mentioned in Article 5 from the Chinese Government new it is highly improbable that we shall be able to persuade them to grant it at a later stage when we come to negotiato cur comprehensive and detailed treaties. been glad therefore if the United States Government had

We should have seen its way to join us in enlcev uring te our commerce ordinary treatment in accordance with

btain for international practice such as we are quite prepared to grant to the Chinese ourselves and which carries with it no stigm or vestige of the former inequality. I should be grateful

if there were anything you could 1: even at this latc stage to persunde y ur Gvernment either to reconsider the suggestions we have malo or to make some suggestion of their wn which would cover in the present treaties the print we have in mind. My reason for being so insistent in this atter is that, as y u know, we have a larger commercial interest at stake in Ching than most ther countries.

(Signed) Anth ny Eden.

His Excellency

The Hon. John G. Winant,

ctc., etc.,

ctc.

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