Note in the English and Chinese Languages From the American Ambassador to the Chinese Minister for Foreign Affairs EXCELLENCY: AMERICAN EMBASSY I have the honor to refer to the conversations which have recently taken place between representatives of our two Governments on the conclusion of a bilateral agreement relative to the American Aid to China and to confirm the understanding reached as a result of these conversations as follows: 1. For such time as either the Government of the United States of America or the Government of the Republic of China participates in the occupation or control of any areas in Western Germany or the Free Territory of Trieste, the other Government will apply to the merchandise trade of such areas the provisions of the General Agreement on Tariffs and Trade dated October 30, 1947, [1] as now or here after amended, relating to most favored nation treatment. 2. The undertaking in point 1 above will apply on the part of the Government of the United States of America or the Government of China to the merchandise trade of any area referred to therein only for such time and to such extent as such area accords reciprocal most favored nation treatment to the merchandise trade of the United States of America or China respectively. 3. The undertakings in points 1 and 2, above, are entered into in the light of the absence at the present time of effective or significant tariff barriers to imports into the areas herein concerned. In the event that such tariff barriers are imposed, it is understood that such undertakings shall be without prejudice to the application of the principles set forth by the Havana Charter for an International Trade Organization [2] relating to the reduction of tariffs on a mutually advantageous basis. 4. It is recognized that the absence of a uniform rate of exchange for the currency of the areas in Western Germany referred to in point 1Treaties and Other International Acts Series 1700. 'Department of State publication 3117. 82941-49 1, above, may have the effect of indirectly subsidizing the exports of such areas to an extent which it would be difficult to calculate exactly. As long as such a condition exists, and if consultation with the Government of the United States of America fails to reach an agreed solution to the problem, it is understood that it would not be inconsistent with the undertaking in point 1 for the Government of China to levy a countervailing duty on imports of such goods equivalent to the estimated amount of such subsidization, where the Government of China determines that the subsidization is such as to cause or threaten material injury to an established domestic industry or is such as to prevent or materially retard the establishment of a domestic industry. 5. The undertakings in this note shall remain in force until January 1, 1951, and unless at least six months before January 1, 1951, either Government shall have given notice in writing to the other of intention to terminate these undertakings on that date, they shall remain in force thereafter until the expiration of six months from the date on which such notice shall have been given. Please accept, Excellency, the renewed assurances of my highest consideration. J. LEIGHTON STUART His Excellency Dr. WANG SHIH-CHIEH, Minister for Foreign Affairs, Nanking. 指上所 二、上開第一項關於 對 於 美 指之任何區域 照 會 逕啓者:查關於美國援助中國之雙邊協定之締結 證 實 דיה 脫 里 斯 脫 區 域 自由區之佔領或管 制 + , 他方政府對於各該區 域之商品貿易,將適用一九四七年十月三七日所訂關稅暨貿易總協定 所有關最國待遇之現有或將來修正 各條文。 堅合衆國政府或中華民國政府中之任何一方防府參加 西德任何 之期間內 利餃 合衆國或中國分別給予互惠最惠國待遇 之期 |