The American Chargé d’Affaires ad interim to the Chinese Minister
of Foreign Affairs

AMERICAN Empassy,
No, 211. Taipei, June 25, 1952.
EXcELLENOY :

T have the honor to refer to conversations which have recently taken
place between representatives of our two Governments, relating to
guaranties authorized by Section 111 (b) (3) of the Economic Co-
operation Act of 1948, as amended. [*] I also have the honor to
confirm the understandings reached as a result of these conversations
as follows:

The Governments of the Republic of China and of the United States
of America will, upon the request of either of them, consult respecting
projects in Taiwan proposed by nationals of the United States of
America with regard to which guaranties under Section 111 (b) (3)
of the Economic Cooperation Act of 1948, as heretofore amended,
have been made or are under consideration. With respect to such
guaranties extending to projects which are approved by the Govern-
ment of the Republic of China in accordance with the provisions of
the aforesaid Section, the Government of the Republic of China
agrees:

a. That if the Government of the United States of America makes
payment in United States dollars to any person under any such
guaranty, the Government of the Republic of China will recog-
nize the transfer to the Government of the United States of
America of any right, title or interest of such person in assets,
currency, credits, or other property on account of which such
payment was made and the subrogation of the Government of
the United States of America to any claim or cause of action of
such person arising in connection therewith. The Government
of the Republic of China will also recognize any transfer to the
Government of the United States of America pursuant to such
guaranty of any compensation for loss covered by such guaranties
received by such person from the Government of the Republic of
China;

162 Stat. 144; 22 U. S.C. $1509 (b) (3).
q)


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TIAS 3831


TIAS 2657

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TIAS 5509


@ TIAS 2657 2

b, That New Taiwan dollar amounts acquired by the Government
of the United States of America pursuant to such guaranties shall
be accorded treatment not less favorable than that accorded, at
the time of such acquisition, to private funds arising from trans-
actions of United States.nationals which are comparable to the
transactions covered by ‘such: guaranties, and that such New
Taiwan dollar amounts will be freely available to the Govern-
ment of the United States of America for administrative
expenditures;

¢, That any claim against the Government of the Republic of China
to which the Government of the United States of America may be
subrogated as the result of any payment under such a guaranty,
shall be the subject of direct negotiations between the two Gov-
ernments. If within a reasonable period, they are unable to
settle the claim by agreement, it shall be referred for final and
binding determination to a sole arbitrator selected by mutual
agreement. If the Governments are unable, within a period of
three months, to agree upon such selection, the arbitrator shall
be one who may ‘be designated by the President of the Inter-
national Court of Justice'at the request of either Government.

Upon receipt of a note from Your Excellency indicating that the

foregoing provisions are acceptable to the Government of the Republic
@ of China, the Government of the United States of America will con-

sider that this note and your reply thereto constitute an agreement
between the two Governments.on this subject, the agreement to enter
into force on the date of your note in reply.

Accept, Excellency, the renewed ‘assurances of my highest con-
sideration. .

Howarp P. Jonzs
His Excellency
Dr. Gzorce K. C. Yen,
Minister of Foreign Affairs,
Republic of China,
Taipei.


TIAS 2657

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TIAS 2657

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8

Translation

No. Wal (46) Mei-1-005652 Tarps, May 8, 1957.
EXxceLuency:

Thave the honor to acknowledge the receipt of Your Excellency’s
note No. 68 of today’s date, which reads as follows:

[For the English language text of the note, see ante, p. 1.]

In reply, I have the honor to accept on behalf of the Government
of the Republic of China the understandings set forth in Your
Excellency’s note under reference and to state that Your Excel-
lency’s note and this note shall be regarded as constituting an
agreement between the two Governments which shall become
effective from today’s date.

Please accept, Excellency, the renewed assurances of my highest
consideration.

Geores K. C. Yen
[szaL]

His Excellency Karu L. Haws,
Ambassador of the United States of America
Taipei

TIAS 3831
U. S. GOVERNMENT PRINTING OFFICE:1957 O—o2965



TREATIES AND O ER INTERNATIONAL ACTS SER

3831

MUTUAL SECURITY

Investment Guaranties

Agreement Between the
Unrrep States oF AMERICA
and Cana

Amending Agreement of June 25, 1952

Effected by Exchange of Notes
Signed at Taipei May 3, 1957



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TIAS 5509


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TIAS 5509


TREATIES AND OTHER INTERNATIONAL ACTS SEREES 2657

ECONOMIC COOPERATION
Guaranties Under Public Law 472, 80th Congress,

as Amended

Agreement between the
Unrrep States or AMERICA
and CHINA

@ Effected by Exchange of Notes
Signed at Taipei June 25, 1952

@ Entered into force June 25, 1952



7
Translation

No. Wal(52)Mel-1-018154 Tarret, December 30, 1963

Exceniency:
I have the honor to acknowledge the receipt of Your Excellency’s
note No. 42 of today’s date, which reads as follows:

[For the English language text of the note, see ante, p. 1.]

In reply, I have the honor to accept on behalf of the Government of
the Republic of China the understandings set forth in Your Excel-
lency’s note under reference and to state that Your Excellency’s note
and this note shall be regarded as constituting an agreement between
the two Governments which shall become effective as of the date of
today’s note.

Accept, Excellency, the renewed assurances of my highest
consideration.

Suen Cuane-nuan
[seat]

His Excellency
Jerautp Wricut,
Ambassador of the United States of America,
Taipei.

TIAS 5509
U.S. GOVERNMENT PRINTING OFFICE: 1984 O—28-630


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TIAS 2657


FE

TREATIES AND OTHER INTERNATIONAL ACTS SERIES 5509

INVESTMENT GUARANTIES

Agreement Between the
Unirep Srates or AMERICA
and CHINA

Relating to the Agreement of
June 25, 1952, as Amended

Effected by Exchange of Notes
Signed at Taipei December 30, 1963


2

nationals of third’ countries, with reference to any reimburse-
Ment, compensation, indemnification, or any other payment,
including the distribution of reparations received from enemy
countries, that the Government of the Republic of China may
make or pay for losses incurred by reason of war; if the Govern-
ment of the United States of America makes payment in U. S.
dollars to any national of the United States of America under a
guaranty for losses by reason of war, the Government of the
Republic of China will recognize the transfer to the United
States of America of any right, privilege, or interest, or any part
thereof, that such nationals may be granted or become entitled

to as a result of the aforementioned treatment by the Govern-
ment of the Republic of China.

All other provisions of the exchange of notes of June 25, 1952,
between our two Governments shall remain in full force and effect.

Upon receipt of @ note from Your Excellency indicating that the
foregoing provisions are acceptable to the Government of the
Republic of China, the Government of the United States of
America will consider that this note and your reply thereto con-
stitute an agreement between the two Governments on this
subject, the agreement to enter into force on the date of your
note in reply.

Accept, Excellency, the renewed assurances’ of my highest
consideration.

K. L. Ranxin
His Excellency
Gzorce K. C. Yxu,
Minister of Foreign Affairs,
Taipei, Taiwan.

TIAS 3831



CHINA

Mutual Security: Investment Guaranties

Agreement amending the agreement of June 25, 1952.
Effected by exchange of notes

Signed at Taipei May 3, 1957; 4
Entered into force May 3, 1957.

The American Ambassador to the Chinese Minister of Foreign Affairs

THE FOREIGN SERVICE
OF THE
UNITED STATES OF AMERICA

AMERICAN Emsassy,
No. 68 Taipei, May 8, 1957.
EXcELLENcy: ‘

I have the honor to refer to the conversations which have
recently taken place between representatives of our two Govern-
ments, relating to a further type of guaranty authorized by Section
413 (b) (4) of the Mutual Security Act of 1954, as amended. I also
have the honor to confirm the understandings reached as a result
of these conversations as follows:

a. All references to “the Economic Cooperation Act of 1948, as
amended” in the exchange of notes of June 25, 1952, between
our two Governments shall be changed to “the Mutual Security
Act of 1954, as amended”.

b. Subparagraph (c) of the unnumbered third paragraph of the
afore-mentioned exchange of notes shall not be applicable to
the type of guaranties provided for in the following subpara~
graph (c).

c. If the Government of the United States of America issues
guaranties to cover losses by reason of war with respect to in-
vestments in Taiwan, the Government of the Republic of China
agrees that nationals of the United States of America to whom
such guaranties have been issued, will be accorded by the Gov-
ernment of the Republic of China treatment no less favorable
than that accorded, in like circumstances, to its nationals or

(1) TIAS 3831

i

7, i
$1933 (b) |

62 Stat, 137. i
22U.8.C. § 1501 ef 20g. |

3 UST, pt.4, p. 4846. |


6
The Chinese Minister 0 f Foreign Affairs to the American Ambassador

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TIAS 5509



TIAS 2657

3
The Chinese Minister of Foreign Affairs to the American Chargé

’ @Affaires ad interim

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TIAS 2657

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2

T have the honor to propose further that the above-mentioned Agree-
ment effected by exchange of notes of May 3, 1957 will terminate upon
the entry into force of the present Agreement.

Upon receipt of 2 note from Your Excellency indicating that the
foregoing is acceptable to the Government of the Republic of China
and that such undertakings shall apply, the Government of the United
States of America will consider that this note and your reply thereto
constitute an Agreement between our two Governments on this sub-
ject, the Agreement to enter into force on the date of your note in
reply.

Accept, Excellency, the renewed assurances of my highest
consideration.

JERAULD Wricur
His Excellency
Suen Cuanc-Huan,
Minister of Foreign Affairs,
Taipei.

TIAS 5509


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The Chinese Minister of Foreign Affairs to the American Ambassador

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TIAS 3831


CHINA

Investment Guaranties

Agreement relating to the agreement of June 25, 1952, as amended.
Effected by exchange of notes

Signed at Taipei December 30, 1963;

Entered into force December 30, 1963.

The American Ambassador to the Chinese Minister of Foreign Affairs

No. 42 Tarrzt, December 30, 1963.

EXcELLENCY :

I have the honor to refer to the Agreement effected by the exchange
of notes of June 25, 1952 [?] as amended by the agreement effected by
the exchange of notes of May 3, 1957, [7] between our two Governments
relating to investment guaranties which may be issued by the Govern-
ment of the United States of America for American investments in
activities in Taiwan. After the conclusion of these Agreements, legis-
lation has been enacted in the United States of America modifying
and augmenting the coverage to be provided investors by investment
guaranties that may be issued by the Government of the United States
of America.

In the interest of facilitating and increasing the participation of pri-
vate enterprise in furthering economic development in Taiwan, the
Government of the United States of America is prepared to issue in-
vestment guaranties providing such coverage as may be authorized by
the applicable United States legislation for appropriate investments in
activities approved by your Government provided that your Govern-
ment agrees that the undertakings between our respective Governments
contained in the Agreement effected by the exchange of notes on June
25, 1952 will be applicable to such guaranties including, but not limited
to, those issued under the Mutual Security Act of 1954, [*] as
amended, and the Act for International Development of 1961, [*] as
amended.

1 PIAS 2657 ; 8 UST (pt. 4) 4846.

* TIAS 3831 ; 8 UST 753.

* 68 Stat. 846 ; 22 U.S.C. § 1933, 1958 ed.
‘75 Stat. 429 ; 22 U.S.C. § 2181 et seq.

28-830—64 (1) TIAS 5509


TIAS 2657

KEMNWER< |< - Oe SM<eRw EK RE
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“RX NGM RA MSR ER < wae EE
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KEUNRE ERE ER RSC RAN) Rw 2K


CHINA

Investment Guaranties

Agreement relating to the agreement of June 25, 1952, as amended.
Effected by exchange of notes

Signed at Taipei December 30, 1963;

Entered into force December 30, 1963.

The American Ambassador to the Chinese Minister 0 f Foreign Affairs

No. 42 Taret, December 30, 1963.

Excentency:

Thave the honor to refer to the Agreement effected by the exchange
of notes of June 25, 1952 [2] as amended by the agreement effected by
the exchange of notes of May 3, 1957, [2] between our two Governments
relating to investment guaranties which may be issued by the Govern-
ment of the United States of America for American investments in
activitiesin Taiwan, After the conclusion of these Agreements, legis-
lation has been enacted in the United States of America modifying
and augmenting the coverage to be provided investors by investment
guaranties that may be issued by the Government of the United States
of America.

contained in the Agreement effected by the exchange of notes on June
25, 1952 will be applicable to such guaranties including, but not limited
to, those issued under the Mutual Security Act of 1954, [*] as
amended, and the Act for International Development of 1961, [*] as
amended.

* TIAS 2657; 3 UST (pt. 4) 4846.
*TIAS 3881 ; 8 UST 753,

* 68 Stat. 846 ; 22 U.S.C, § 1933, 1958 ed.
“75 Stat. 429; 29 U.S.C. § 2181 et seq.

28-830—64 (4) TIAS 5509



TIAS 2637 10

Translation

Ministry or Foretcn Arrairs,
Taipei, June 25th, 1952.
Monsieur Le Cuarck p’AFFaIRES:
Ihave the honor to acknowledge the receipt of your Note No. 211 of
to-day’s date, which reads as follows:

{For the English language text of the note, see ante, p. 1]

In reply, I have the honor to accept on behalf of the Government
of the Republic of China the arrangements set forth in your Note
under reference and to state that it is also the understanding of the
Chinese Government that your Note and this reply shall be regarded
as constituting an agreement between our two Governments and that
such agreement shall enter into force as from to-day’s date.

Please accept, Monsieur le Chargé d’Affaires, the renewed assurance
of my high consideration.

Grorce K. C. Yex
Mr. Howarp P. Jonzs,
Chargé d@’ Affaires, ai.,
American Embassy,
Taipei, Taiwan.

US GOVERNMENT PRINTING OFFICE: 1953 O—31885



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TIAS 3831


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TIAS 3831