10
realise that the complex nature of such a Treaty makes it impossible to hope to complete negotiations before the coming into force of the Constitution of the Union of Burma. At the same time the Government of the United Kingdom are sure that the Provisional Government of Burina share their view that the commercial relations of the two countries should not be left entirely unregulated in the meantime and that suitable transitional arrang nents cannot but help the conclusion of a mutually satisfactory Treaty at as early a date as possible.
2. I have therefore to express the hope that the Provisional Governinent of Burma will not during this interim period take action which would prejudicially affect existing United Kingdom interests in Burma in the legitimate conduct of the businesses or professions in which they are now engaged, and that if the Provisional Government of Burma, in the formulation of national policy, are convinced that such action must be taken in any particular case they will consult with the Government of the United Kingdom in advance with a view to reaching a mutually satisfactory settlement. For their part the Government of the United Kingdom will be glad to observe the same principles in regard to the treatment of Burman interests in the United Kingdom.
3. If the Provisional Government of Burma agree with the foregoing proposals, I suggest that this letter and your reply should constitute an understanding between our two Governments to that effect.
I have the honour to be,
The Hon'ble Thakin Nu,
Prime Minister of the Provisional
Government of Burma.
Sir,
No. 2
Sir,
Your obedient Servant.
(Sd.)
C. R. ATTLEE.
•
Thakin Nu to Mr. C. R. Attlee
London, 17th October, 1947 I have the honour on behalf of the Provisional Government of Burma to acknowledge receipt of your letter of to-day's date. The Provisional Govern- ment of Burma share the view of the Government of the United Kingdom that the commercial relations of the two countries should not be left entirely unregulated during the period which will elapse between the coming into force of the Constitution of the Union of Burma and the conclusion of a mutually satisfactory Treaty of Commerce and Navigation. The Provisional Govern- ment of Burma therefore agree, subject to paragraph 2 below, that they will not take action which would prejudicially affect existing United Kingdom interests in Burma in the legitimate conduct of the businesses or professions in which they are now engaged. The Provisional Government of Burma also agree that if convinced of the necessity of such action in any particular case they will consult with the Government of the United Kingdom in advance with a view to reaching a mutually satisfactory settlement, although there may be occasional cases of emergency in which full prior consultation is impracticable and only short notice can be given to the United Kingdom Ambassador. The Provisional Government of Burma note with satisfaction that the Government of the United Kingdom will observe the same principles in regard to the treatment of Burman interests in the United Kingdom.
2.
11
If
I have however to explain that the undertaking given in the preceding paragraph must be read as subject to the provisions of the Constitution of the Union of Burma as now adopted, and in particular to the policy of State socialism therein contained to which my Government is committed. however the implementation of the provisions of Articles 23 (4) and (5), 30, 218. 219 of the Constitution should involve the expropriation or acquisition in whole or in part of existing United Kingdom interests in Burma, the Provisional Government of Burma will provide equitable compensation to the parties affected.
3. Finally I suggest that, in so far as questions arise which, in the opinion of either Government, do not appropriately fall within the scope of the preceding paragraphs of this letter, these should be discussed by repre- sentatives of our two Governments, and decided in accordance with the generally accepted principles of international law and with modern inter- national practice.
I have the honour to be,
Sir, Your obedient Servant,
(Sd.)
The Right Hon. C. R. Attlee, C.H., M.P.,
Prime Minister of the United Kingdom
of Great Britain and Northern Ireland.
Sir,
No. 3
Mr. C. R. Attlee to Thakin Nu
THAKIN NU.
10 Downing Street,
London, 17th October, 1947 I have the honour, on behalf of the Government of the United Kingdom, to acknowledge receipt of your letter of to-day's date. The Government of the United Kingdom welcome both the Provisional Government of Burma's acceptance of the suggestion contained in my previous letter and their assurance of equitable compensation to United Kingdom interests in the circumstances set out in paragraph 2 of your letter. The Government of the United Kingdom readily accept the suggestion contained in paragraph 3 of your letter.
I have the honour to be,
Your obedient Servant,
The Hon'ble Thakin Nu,
Prime Minister of the Provisional
Government of Burma.
Sir,
No. 4
Sir,
(Sd.)
C. R. ATTLEE.
Thakin Nu to Mr. C. R. Attlee
London, 17th October, 1947 In connexion with Article 10 of the Treaty signed by us to-day, I have the honour to inform you that, pending the conclusion of a formal Agreement with the Governments represented on the Commission, the Provisional Government of Burma agree to permit the Imperial War Graves Commission-
(1) To lay out, construct and maintain the war cemeteries and/or war
graves in accordance with their usual practice.
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