Page:United States Statutes at Large Volume 62 Part 2.djvu/841

 62 STAT.] CHINA-CLAIMSS-13, 1947 2123 0^ Mar· 17, 1948 Translation MINISTRY OF FOREIGN AiAIRs No. Wai-(37)-T 'iao-Erh/06591 March 17, 1948 The Ministry of Foreign Affairs presents its compliments to the American Embassy and has the honor to refer to the Embassy's third person note No. 1197 of October 13, 1947. In this note, the Embassy Ante, p. 2116 . considered, in connection with the question of compensation arising out of activities of the United States military forces in China, that General Wedemeyer's proposal which was made on the basis of the conditions then existing can no longer be applicable under the present conditions, and in view of the change in circumstances it is proposed as follows: Claims (against the United States) within the scope of the For- eign Claims Act and similar pertinent acts of Congress arising out of the activities of the United States Army, Navy and Air Forces in China be processed by Army, Navy or Air Forces agencies in the same manner as is now being done under Army and Navy regula- tions. With the exception of the following types of claims, it is in- tended that the indemnities awarded by said agencies be paid from United States funds. The exceptions referred to are: A. Claims by or on behalf of individuals assigned to work for the Naval Advisory Group Survey Board or Army Advisory Group (including the Air Forces) whose salary is paid by or from Chinese funds, and whose claims are based upon an illness, injury, incident or accident arising in the course of such employment. B. Claims for damages for injury to person or property by or on behalf of any firm or corporation, or person who does not come within the purview of the last preceding paragraph (A), whose claims are based upon an accident or incident arising out of the activities of the Naval Advisory Group Survey Board or Army Advisory Group. With respect to the two classes of claims last mentioned, (it is pro- posed that) the indemnities awarded claimants by agencies of the United States Army, Navy or Air Forces, be paid from the Nanking Revolving Fund or other funds of the Republic of China which will be made available especially for this purpose by the Chinese Government. These proposals refer to claims other than those arising from pro- curement or any other contracts and are limited generally to the types of claims stated in the above-mentioned acts. The Embassy suggests that if the Government of the Republic of China agrees with these principles, the details for the implementa- tion thereof be agreed upon by and between the Ministry of National Defense and the Chief, Army Advisory Group and the Senior Mem- ber of the Naval Advisory Group Survey Board, or their duly au- thorized representatives.

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