8. Mutual Defense Treaty Between the United States of America and the Republic of China 1 Signed at Washington December 2, 1954; Ratification advised by the Senate of the United States of America February 9, 1955; Ratified by the President of the United States of America February 11, 1955; Ratified by the Republic of China February 15, 1955; Ratifications exchanged at Taipei March 3, 1955; Proclaimed by the President of the United States of America April 1, 1955; Entered into force March 3, 1955 The Parties to this Treaty, Reaffirming their faith in the purposes and principles of the Charter of the United Nations and their desire to live in peace with all peoples and all Governments, and desiring to strengthen the fabric of peace in the West Pacific Area, Recalling with mutual pride the relationship which brought their two peoples together in a common bond of sympathy and mutual ideals to fight side by side against imperialist aggression during the last war, Desiring to declare publicly and formally their sense of unity and their common determination to defend themselves against external armed attack, so that no potential aggressor could be under the illusion that either of them stands alone in the West Pacific Area, and Desiring further to strengthen their present efforts for collective defense for the preservation of peace and security pending the development of a more comprehensive system of regional security in the West Pacific Area, Have agreed as follows: ARTICLE I The Parties undertake, as set forth in the Charter of the United Nations, to settle any international dispute in which they may be involved by peaceful means in such a manner that international peace, security and justice are not endangered and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations. ARTICLE II In order more effectively to achieve the objective of this Treaty, the Parties separately and jointly by self-help and mutual aid will maintain and develop their individual and collective capacity to resist armed attack and communist subversive activities directed from without against their territorial integrity and political stability. ARTICLE III The Parties undertake to strengthen their free institutions and to cooperate with each other in the development of economic progress 16 UST 433; TIAS 3178; 248 UNTS 213. and social well-being and to further their individual and collective efforts towards these ends. ARTICLE IV The Parties, through their Foreign Ministers or their deputies, will consult together from time to time regarding the implementation of this Treaty. ARTICLE V Each Party recognizes that an armed attack in the West Pacific Area directed against the territories of either of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional processes. Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the United Nations. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security. ARTICLE VI For the purposes of Articles II and V, the terms "territorial" and "territories" shall mean in respect of the Republic of China, Taiwan and the Pescadores; and in respect of the United States of America, the island territories in the West Pacific under its jurisdiction. The provisions of Articles II and V will be applicable to such other territories as may be determined by mutual agreement. ARTICLE VII The Government of the Republic of China grants, and the Government of the United States of America accepts, the right to dispose such United States land, air and sea forces in and about Taiwan and the Pescadores as may be required for their defense, as determined by mutual agreement. ARTICLE VIII This Treaty does not affect and shall not be interpreted as affecting in any way the rights and obligations of the Parties under the Charter of the United Nations or the responsibility of the United Nations for the maintenance of international peace and security. ARTICLE IX This Treaty shall be ratified by the United States of America and the Republic of China in accordance with their respective constitutional processes and will come into force when instruments of ratification thereof have been exchanged by them at Taipei. ARTICLE X This Treaty shall remain in force indefinitely. Either Party may terminate it one year after notice has been given to the other Party. EXCHANGE OF NOTES DEPARTMENT OF STATE, Washington, December 10, 1954. His Excellency GEORGE K. C. YEH, Minister of Foreign Affairs of the Republic of China. EXCELLENCY: I have the honor to refer to recent conversations between representatives of our two Governments and to confirm the understandings reached as a result of those conversations, as follows: The Republic of China effectively,controls both the territory described in Article VI of the Treaty of Mutual Defense between the Republic of China and the United States of America signed on December 2, 1954, at Washington and other territory. It possesses with respect to all territory now and hereafter under its control the inherent right of self-defense. In view of the obligations of the two Parties under the said Treaty, and of the fact that the use of force from either of these areas by either of the Parties affects the other, it is agreed that such use of force will be a matter of joint agreement, subject to action of an emergency character which is clearly an exercise of the inherent right of self-defense. Military elements which are a product of joint effort and contribution by the two Parties will not be removed from the territories described in Article VI to a degree which would substantially diminish the defensibility of such territories without mutual agreement. Accept, Excellency, the assurances of my highest consideration. /s/ JOHN FOSTER DULLES, Secretary of State of the United States of America. His Excellency JOHN FOSTER DULLES, DECEMBER 10, 1954. Secretary of State of the United States of America. EXCELLENCY: I have the honor to acknowledge the receipt of Your Excellency's Note of today's date, which reads as follows: "I have the honor to refer to recent conversations between representatives of our two Governments and to confirm the understandings reached as a result of those conversations, as follows: "The Republic of China effectively controls both the territory described in Article VI of the Treaty of Mutual Defense between the Republic of China and the United States of America signed on December 2, 1954, at Washington and other territory. It possesses with respect to all territory now and hereafter under its control the inherent right of self-defense. In view of the obligations of the two Parties under the said Treaty and of the fact that the use of force from either of these areas by either of the Parties affects the other, it is agreed that such use of force will be a matter of joint agreement, subject to action af an emergency character which is clearly an exercise of the inherent right of self-defense. Military elements which are a product of joint effort and contribution by the two Parties will not be removed from the territories described in Article VI to a degree which would sub 32-770 - 79 - 22 stantially diminish the defensibility of such territories without mutual agreement." I have the honor to confirm, on behalf of my Government, the understanding set forth in Your Excellency's Note under reply. I avail myself of this opportunity to convey to Your Excellency the assurances of my highest consideration. GEORGE K. C. YEH, Minister for Foreign Affairs of the Republic of China. UNITED STATES RECOGNITION OF FOREIGN GOVERNMENTS HEARING BEFORE THE COMMITTEE ON FOREIGN RELATIONS UNITED STATES SENATE NINETY-FIRST CONGRESS FIRST SESSION ON S. Res. 205 TO SET FORTH AS AN EXPRESSION OF THE SENSE OF THE SENATE A BASIC PRINCIPLE REGARDING THE RECOGNITION BY THE UNITED STATES OF FOREIGN GOVERNMENTS JUNE 17, 1969 Printed for the use of the U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1969 |