166
STRICTLY CONFIDENTIAL
The original of this document was handed to Er. Liu Chieh, Minister Counselor of the Chinese Embassy, by Mr. Hornbeck und Mr.
George Atcheson, Jr., on November 27, 1942.
(Communicated by United States Ambassador on 9th December)
EXCHANGE OF NOTES BETWEEN THE REPUBLIC OF
CHINA AND THE UNITED STATES OF AMERICA
,1942
Excellency:
Under instruction of my Government, I have the honour to state that in connexion with the treaty signed today by the Government of the Republic of China and the Government of the United States of America, in which the Government of the United States of America relinquishes its extraterritorial and related special rights in China, it is the understanding of the Government of the Republic of China that the rights of the Government of the United states of America and of its nationals in regard to the systems af treaty ports and of special courts in the International Settlements at Shanghai and Amoy and in regard to the employment of foreign pilots in the ports of the territory of China are also relinquished. In the light of the abolition of treaty ports as such, the Government of the Republic of China desires to make known that the following ports in its territory are considered to be open to overseas merchant shipping of the United States of America: It is assumed that here the Chinese Government will wish to insert the names of the ports which are normally open to foreign commerce with, and to the overseas merchant
and shipping, of, friendly countries.7
As regards the question of the treatment of overseas merchant shipping, it is mutually understood that the vessels of each country shall be permitted freely to come to the ports, places, and waters of the other country which are or may be open to overseas merchant shipping and that the treatment accorded such vessels in such ports, places, and waters shall be no less favourable than that accorded to national vessela and shall be as favourable as that accorded to the vessels of any third country.
It is mutually understood that the Government of the United States of America relinquishes the special rights which naval vessels of the United States of America have been accorded in the waters of the Republic of China and that the Government of the Republic of China and the Government of the United states of America shall extend to each other the mutual courtesy of visits by their warships in accordance with international usage and comity.
While the question of rights in connexion with the coasting trade and inland navigation in the waters of the Republic of China is not related to extraterritorial Jurisdiction and is a matter which it is appropriate to reserve for the comprehensive treaty of commerce, navi、ation, et cetera which is to be negotiated subsequently by the two Goverments, it is mutually understood that the Government of the United States of America relinquishes the special rights which vessels of the United States have been accorded in
connexion/
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