INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [57 STAT May 21, 1943 [E. A. S. 360] Jurisdiction of U. S . authorities, etc. Chinese jurisdiction in certain cases. Assurance of U. S. willingllnss to try alil o,,I collviction to puill- ish. Trial in open court, etc. Agreement between the United States of America and China respecting jurisdiction over criminal offenses committed by armed forces. Effected by exchange of notes signed at Chungking May 21, 1943; effective AMay 21, 1943. Note in the English and Chinese Languages From the American Charge d'Affaires ad interim to the Chinese Political Vice Min- ister in Charge of Ministerial Affairs EMBASSY OF THE UNITED STATES OF AMERICA Chungking, May 21,1943. EXCELLENCY: Confirming the understanding reached in the conversations which have taken place in Chungking between representatives of our two Governments, I have the honor to inform Your Excellency that it is the desire of the Government of the United States that the service courts and authorities of its military and naval forces shall during the continuance of the present conflict against our common enemies exercise exclusive jurisdiction over criminal offenses which may be committed in China by members of such forces. If cases arise in which for special reasons the service authorities of the Government of the United States may prefer not to exercise the above jurisdiction, it is proposed that in any such case a written statement to that effect shall be sent to the Chinese Government through diplomatic channels, in which event it would be open to the Chinese authorities to assume jurisdiction. Assurance is given that the service courts and authorities of the United States forces in China will be willing and able to try, and on conviction to punish, all criminal offenses which members of the United States forces may be alleged on sufficient evidence to have committed in China and that the United States authorities will be willing in principle to investigate and deal appropriately with any alleged criminal offenses committed by such forces in China which may be brought to their attention by the competent Chinese authori- ties or which the United States authorities may find have taken place. Insofar as may be compatible with military security, the service authorities of the United States will conduct the trial of any member of the United States forces for an offense against a member of the civilian population promptly in open court in China and within a reasonable distance from the place where the offense is alleged to have been committed so that witnesses may not be required to travel great distances to attend the trial. 1248
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