CO129-588-23 China- British extra-territorial rights- negotiations with China 28-3-1942 - 27-11-1942 — Page 107

73

EMBASSY OF THE

UNITED STATES OF AMERICA.

1, Grosvenor Square,

London, W.1.

November 8, 1942.

107

169

Dear Mr. Eden,

With reference to your letter of November 5th regarding the future rights of our nationals to acquire real property in China, the Department of State has asked me to let you know informally that before presenting our draft treaty on extra- territoriality to the Chinese they gave careful consideration to the subject which you raised, The Department has telegraphed lue that our general thought on this subject is as follows:

une of the fundamental concepts we have had in mind in regard to the proposed treaty is that it should be confined in general to the question of extra-territorial jurisdiction and immediately related questions. In addition we have felt that the treaty should be along broad lines and in general should be of a character which would meet with prompt support in Chine and in the United States. We have included in our draft treaty provisions which would give new rights in China to American nationals only in those few instances in which such provisions would not be likely to conflict with this approach.

To endeavour to cover the subject mentioned by you in your letter of November 5th would, the epartment believes, cause delay in concluding the treaty and would raise in the United States, because of the provisions of some state laws, difficult questions relating to State and Federal jurisdictions. In the modern treaties concluded by this Government, questions relating to real property are covered by very detailed and precise provisions. In most cases the question of ownership or real property is not covered. When it is covered, the provisions are of a specialized character. we are accordingly of the opinion that it would be preferable to hold in abeyance questions relating to this whole matter for possible inclusion in the comprehensive treaty which we contemplate concluding at a later time with the Chinese and if decision is then made to include the subject to determine at that time the form and character which provisions might most advantageously take on this subject.

Sincerely,

(signed) John G. Winant.

Affairs,

The Rt. Hon. Anthony Eden, M.C., M.P.,

Beoretary of State for Foreign Affairs

Foreign Office,

hitehall,S.W.1.