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162. EXCHANGE OF NOTES BETWEEN THE MINISTER OF FOREIGN AFFAIRS OF CHINA (WANG) AND THE PEOPLE'S COMMISSAR OF FOREIGN AFFAIRS OF THE USSR (MOLOTOV) RELATING TO THE TREATY OF FRIENDSHIP AND ALLIANCE, AUGUST 14, 1945 1

3) Note from the People's Commissar of Foreign Affairs of the Union of Soviet Socialist Republics to the Minister of Foreign Affairs of China. With reference to the Treaty of Friendship and Alliance signed oday between the Republic of China and the U. S. S. R., I have the honor to put on record the understanding between the High Contracting Parties as follows:

1. In accordance with the spirit of the aforementioned Treaty, and in order to put into effect its aims and purposes, the Government of the U. S. S. R. agrees to render to China moral support and aid in military supplies and other material resources, such support and aid to be entirely given to the National Government as the central government of China.

2. In the course of conversations regarding Dairen and Port Arthur and regarding the joint operation of the Chinese Changchun Railway, the Government of the U. S. S. R. regarded the Three Eastern Provinces as part of China and reaffirmed its respect for China's full sovereignty over the Three Eastern Provinces and recognize their territorial and administrative integrity.

3. As for the recent developments in Sinkiang the Soviet Government confirms that, as stated in Article V of the Treaty of Friendship and Alliance, it has no intention of interfering in the internal affairs of China.

If Your Excellency will be so good as to confirm that the understanding is correct as set forth in the preceding paragraphs, the present note and Your Excellency's reply thereto will constitute a part of the aforementioned Treaty of Friendship and Alliance.

I take this opportunity to offer Your Excellency the assurances of my highest consideration.

(ii) Note from the Minister of Foreign Affairs of China to the People's Commissar of Foreign Affairs of the Union of Soviet Socialist Republics. I have the honour to acknowledge receipt of Your Excellency's Note of today's date reading as follows:

[Here follows the text of the above note from the Soviet Commissar of Foreign Affairs.]

I have the honour to confirm that the understanding is correct as set forth above.

I avail myself of this opportunity to offer to Your Excellency the assurance of my highest consideration.

Department of State, Bulletin, vol. XIV, p. 204.

73652-56- -39

163. TREATY OF FRIENDSHIP, ALLIANCE, AND MUTUAL ASSISTANCE BETWEEN THE GOVERNMENT OF THE USSR AND THE GOV. ERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA, MOSCOW, FEBRUARY 14, 19501

The Presidium of the Supreme Soviet of the Union of Soviet Socialist Republics and the Central People's Government of the People's Republic of China;

Filled with determination jointly to prevent, by the consolidation of friendship and co-operation between the Union of Soviet Socialist Republics and the People's Republic of China, the rebirth of Japanese imperialism and a repetition of aggression on the part of Japan or any other state which should unite in any form with Japan in acts of aggression.

Imbued with the desire to consolidate lasting peace and universal security in the Far East and throughout the world in conformity with the aims and principles of the United Nations organization;

Profoundly convinced that the consolidation of good neighborly relations and friendship between the Union of Soviet Socialist Republics and the People's Republic of China meets the fundamental interests of the peoples of the Soviet Union and China;

Resolved for this purpose to conclude the present Treaty and appointed as their plenipotentiary representatives:

[Here follows a list of the plenipotentiaries.]

Who, after exchange of their credentials, found in due form and good order, agreed upon the following:

ARTICLE I

Both High Contracting Parties undertake jointly to take all the necessary measures at their disposal for the purpose of preventing a repetition of aggression and violation of peace on the part of Japan or any other state which should unite with Japan, directly or indirectly, in acts of aggression. In the event of one of the High Contracting Parties being attacked by Japan or states allied with it, and thus being involved in a state of war, the other High Contracting Party will immediately render military and other assistance with all the means at its disposal.

The High Contracting Parties also declare their readiness in the spirit of sincere co-operation to participate in all international actions aimed at ensuring peace and security throughout the world, and will do all in their power to achieve the speediest implementation of these tasks.

ARTICLE II

Both the High Contracting Parties undertake by means of mutual agreement to strive for the earliest conclusion of a peace treaty with Japan, jointly with the other Powers which were allies during the Second World War.

ARTICLE III

Both High Contracting Parties undertake not to conclude any alliance directed against the other High Contracting Party, and not

1 Embassy of the Union of Soviet Socialist Republics, USSR Information Bulletin, X, p. 108.

to take part in any coalition or in actions or measures directed against the other High Contracting Party.

ARTICLE IV

Both High Contracting Parties will consult each other in regard to all important international problems affecting the common interests of the Soviet Union and China, being guided by the interests of the consolidation of peace and universal security.

ARTICLE V

Both the High Contracting Parties undertake, in the spirit of friendship and co-operation and in conformity with the principles of equality, mutual interests, and also mutual respect for the state sovereignty and territorial integrity and non-interference in internal affairs of the other High Contracting Party-to develop and consolidate economic and cultural ties between the Soviet Union and China, to render each other every possible economic assistance, and to carry out the necessary economic co-operation.

ARTICLE VI

The present Treaty comes into force immediately upon its ratification; the exchange of instruments of ratification will take place in Peking.

The present Treaty will be valid for 30 years. If neither of the High Contracting Parties gives notice one year before the expiration of this term of its desire to denounce the Treaty, it shall remain in force for another five years and will be extended in compliance with this rule.

Done in Moscow on February 14, 1950, in two copies, each in the Russian and Chinese languages, both texts having equal force.

Aggression in Korea

164. CALL FOR CESSATION OF HOSTILITIES AND WITHDRAWAL: RESOLUTION ADOPTED BY THE UNITED NATIONS SECURITY COUNCIL, JUNE 25, 19501

THE SECURITY COUNCIL

RECALLING the finding of the General Assembly in its resolution of 21 October 1949 that the Government of the Republic of Korea is a lawfully established government "having effective control and jurisdiction over that part of Korea where the United Nations Temporary Commission on Korea was able to observe and consult and in which the great majority of the people of Korea reside; and that this Government is based on elections which were a valid expression of the free will of the electorate of that part of Korea and which were observed by the Temporary Commission; and that this is the only such Government in Korea";

* In Quest of Peace and Security. Department of State Publication 4245, October 1951, p. 74.

MINDFUL of the concern expressed by the General Assembly in its resolutions of 12 December 1948 and 21 October 1949 of the consequences which might follow unless Member States refrained from acts derogatory to the results sought to be achieved by the United Nations in bringing about the complete independence and unity of Korea; and the concern expressed that the situation described by the United Nations Commission on Korea in its report menaces the safety and well being of the Republic of Korea and of the people of Korea and might lead to open military conflict there;

NOTING with grave concern the armed attack upon the Republic of Korea by forces from North Korea,

Determines that this action constitutes a breach of the peace,
I. Calls for the immediate cessation of hostilities; and

Calls upon the authorities of North Korea to withdraw forthwith their armed forces to the thirty-eighth parallel;

II. Requests the United Nations Commission on Korea

(a) To communicate its fully considered recommendations on the situation with the least possible delay;

(b) To observe the withdrawal of the North Korean forces to the thirty-eighth parallel; and

(c) To keep the Security Council informed on the execution of this resolution;

III. Calls upon all Members to render every assistance to the United Nations in the execution of this resolution and to refrain from giving assistance to the North Korean authorities.

UNITED

165. CALL TO UNITED NATIONS MEMBERS FOR ARMED AID TO KOREAN REPUBLIC: RESOLUTION ADOPTED BY THE NATIONS SECURITY COUNCIL, JUNE 27, 19501

THE SECURITY COUNCIL,

HAVING DETERMINED that the armed attack upon the Republic of Korea by forces from North Korea constitutes a breach of the peace,

HAVING CALLED for an immediate cessation of hostilities, and HAVING CALLED upon the authorities of North Korea to withdraw forthwith their armed forces to the 38th parallel, and

HAVING NOTED from the report of the United Nations Commission for Korea that the authorities in North Korea have neither ceased hostilities nor withdrawn their armed forces to the 38th parallel and that urgent military measures are required to restore international peace and security, and

HAVING NOTED the appeal from the Republic of Korea to the United Nations for immediate and effective steps to secure peace and security,

Recommends that the Members of the United Nations furnish such assistance to the Republic of Korea as may be necessary to repel the armed attack and to restore international peace and security in the

area.

1 In Quest of Peace and Security. Department of State Publication 4245, October 1951, p. 75.

166. BRANDING OF COMMUNIST CHINESE AS AGGRESSORS: RESOLUTION OF THE UNITED NATIONS GENERAL ASSEMBLY, FEBRUARY 1, 1951 1

The General Assembly,

Noting that the Security Council, because of lack of unanimity of the permanent members, has failed to exercise its primary responsibility for the maintenance of international peace and security in regard to Chinese Communist intervention in Korea; Noting that the Central People's Government of the People's Republic of China has not accepted United Nations proposals to bring about a cessation of hostilities in Korea with a view to peaceful settlement, and that its armed forces continue their invasion of Korea and their large-scale attacks upon United Nations forces there;

Finds that the Central People's Government of the People's Republic of China, by giving direct aid and assistance to those who were already committing aggression in Korea and by engaging in hostilities against United Nations forces there, has itself engaged in aggression in Korea;

Calls upon the Central People's Government of the People's Republic of China to cause its forces and nationals in Korea to cease hostilities against the United Nations forces and to withdraw from Korea; Affirms the determination of the United Nations to continue its action in Korea to meet the aggression;

Calls upon all States and authorities to continue to lend every assistance to the United Nations action in Korea;

Calls upon all States and authorities to refrain from giving any assistance to the aggressors in Korea;

Requests a committee composed of the Members of the Collective Measures Committee as a matter of urgency to consider additional measures to be employed to meet this aggression and to report thereon to the General Assembly; it being understood that the Committee is authorized to defer its report if the Good Offices Committee, referred to in the following paragraph, reports satisfactory progress in its efforts.

Affirms that it continues to be the policy of the United Nations to bring about a cessation of hostilities in Korea and the achievement of United Nations objectives in Korea by peaceful means, and requests the President of the General Assembly to designate forthwith two persons who would meet with him at any suitable opportunity to use their good offices to this end.

1 Department of State Publication 4263, p. 37.

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