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Memorandum by the Chief of the Division of Far Eastern Affairs (Hamilton)99

[Here follows analysis of the “Treaty Signed Between Japan and the Wang Ching-wei Regime at Nanking on November 30.”]

The setting up by Japan of a regime in China under its control and the conclusion by Japan of a “treaty” with that regime is in itself a violation by Japan of its obligations under the Nine Power Treaty. Also, the clauses of the treaty which give Japan a preferential position infringe obligations assumed by Japan in the Nine Power Treaty and, if carried into effect, would deprive the United States of rights assured under the most-favored-nation provisions of the treaties between the United States and China (including the multilateral Nine Power Treaty).

  1. Submitted to the Secretary of State.