EXCHANGE OF NOTE BETWEEN THE REPUBLIC OF CHINA AND THE UNITED STATES OF AMERICA ON MILITARY SERVICE (AD.1944.06.13)-1

(1)The Acting Secretary of State to the Chinese Ambassador November 6,1943Excellency:I have the honor t refer to conversations which have taken plac-e between officers of the Chinese Embassy and of the Departmentof State with respect to the application of the United States S-elective Training and Service Act of 1940, as amended, to Chine-se nationals residing in the United States.As you are aware, the Act provides that with certain exceptionsevery male citizen of the United States and every other male pe-rson between the ages of eighteen and sixty-five, residing in t-he United States, shall register. The Act further provides that,with certain exceptions, registrants within specified age limitsare liable for active military service in the United States arm-ed forces.This Government recognizes that from the stadpoint of the indiv-iduals concerned and the over-all military effort of the countr-ies at war with the Axis Powers,it would be desirable to permitcertain nationals of co-belligerent countries who have register-ed or who may register under the Selective Training and ServiceAct of 1940, as amended, to serve in the armed forces of theirown country, should they desire to do so. It will be recalled t-hat during the World War this Government signed conventions withcertain associated powers on this subject. The United States Go-vernment believes, however, that under existing circumstances t-he same ends may now be accomplished through administrative act-ion, thus obviating the delays incident to the signing and rat-ification of conventions.This Government is prepared, therefore, to initiate a procedurewhich will permit Chinese nationals who have registered under t-he Selective Training and Service Act of 1940, as amended, to e-lect to serve in the forces of their own country, in lieu of se-rvice in the armed forces of the United States, at any time pri-or to their induction into the armed forces of this country. Th-is Government is also prepared to afford to Chinese nationals w-ho may already be serving in the armed forces of the United Sta-tes an opportunity of electing to transfer to the armed forcesof their own country. Detailed arrangements for carrying out th-is agreement are to be worked out directly between the War Depa-rtment and the Selective Service System on the part of the Uni-ted States Government and the appropriate authorities of the Ch-inese Government. It should be understood, however, that in allcases a person exercising an option under the agreement must ac-tually be accepted by the military authorities of his country.Before the above-mentioned procedure will be made effective withregard to China, this Department wishes to receive a note stati-ng that your Government desires to avail itself of the procedureand in so doing agrees that:(a) No threat or compulsion of any nature will be exercised by the Chinese Government to induce any person in the United S- tates to enlist in the forces of that Government or any for- eign government;(b) Reciprocal treatment will be granted to American citizens by the Chinese Government; that is, prior to induction in the armed forces of China they will be granted the opportunity of electing to serve in the armed forces of the Unites Stat- es in substantially the same manner as outlined above. Furt- her more, the Chinese Government shall agree to inform all American citizens serving in its armed forces or former Ame- rican citizens who may have lost their citizenship as a res- ult of having taken an oath of allegiance on enlistment in such armed forces and who are now serving in these forces t- hat they may transfer to the armed forces of the United Sta- tes provided they desire to do so and provided they are acc- eptable to the armed forces of the United States.(c) No enlistments will be accepted in the United States by the Chinese Government of American citizens subject to registra- tion or of aliens of any nationality who have declared their intention of becoming American citizens and are subject to registration.This Government is prepared to make the proposed regime effecti-ve immediately with respect to China upon the receipt from youof a note stating that your Government desires to participate init and agrees to the stipulations set forth in lettered paragra-phs (a), (b), and (c) above.Accept, Excellency, the renewed assurances of my highest consid-eration.For the Acting Secretary of State (Signed) G. Howland Shaw(2)The Chinese Ambassador to the Secretary of State Washington, May 11, 1944Sir,I have the honor to refer to your note of November 6,1943, conc-erning the application of the United States Selective Trainingand Service Act of 1940, as amedned, to Chinese nationals resid-ent in the United States, and the readiness of the United StatesGovernment to initiate a procedure which will permit Chinese na-tionals to elect to serve in the armed forces of China in lieuof service in the armed forces of the United States.My Government has instructed me to inform you that it desires toavail itself of the procedure set out and agrees to the stipula-tions enumerated in paragraphs lettered (a), (b), and (c) of yo-ur note dated November 6, 1943.On its part, however, my Government desires the concurrence ofthe United States Government in regard to the following:(i) the United States Government will make the above procedure known to all Chinese nationals who are to be inducted or who are already serving, in the armed forces of the United Stat- es,(ii) Chinese nationals who avail themselves of the option to se- rve in the Armed Forces of China will be permitted to retu- rn to the United States upon the termination of honorable service, subject to the provisions of the Immigration Laws in effect at the time of their return.I shall be glad to be informed regarding the administrative arr-angements that are necessary for giving effect to the above agr-eement. Accept, etc. (Signed) Wei Tao-ming(3)The Secretary of State to the Chinese Ambassador Washington, June 13, 1944Excellency:I have the honor to acknowledge the receipt of your note of May11, 1944, in regard to the proposed military service agreementbetween China and the United States, and to inform you that theappropriate authorities of this Government have agreed in princ-iple to the stipulations contained in that note.The War Department has stated that it is prepared to notify allChinese nationals who already may be serving in the armed forcesof the United States of their opportunity to elect to serve inthe armed forces of their own country in lieu of serving in theArmy of the United States. However, the War Department has poin-ted out that, in implementing the details of this proposed agre-ement, necessity requires that transfers from United States tro-ops in overseas theaters be limited to those instances where su-itable Chinese troops are serving in the vicinity to which theindividual could be assigned.The Director of the Selective Service System states that underpresent Selective Service procedures each local board is reques-ted to send Notice to Citizen of Allied Nation (Form 308) to theregistrant. There are enclosed for your information specimen co-pies of Local Board Memoranda 129 and 129A, and Forms 221, 308,502, and 503,* which are for use by aliens of co-belligerent na-tions who wish to elect to serve in the armed forces of their o-wn country. Lieutenant Colonel S. G. Parker of theNational Headquarters, Selective Service System, and Major Gene-ral Guy V. Henry, of the Inter-Allied Personnel Board of the WarDepartment, will be available to discuss with Chinese militaryofficials all details pertaining to the reciprocal arrangement. Accept, etc. For the Secretary of State (Signed) G. Howland Shaw