The Jurisprudence of the Foreign Claims Settlement Commission: Chinese Claims

Abstract

Before the Peoples Republic of China [PRC] was officially proclaimed on September 21, 1949, the Central Committee of the Chinese Communist Party had proclaimed that the acts and foreign agreements of the Republic of China which resulted in the exploitation of China by foreigners were “completely contrary to the will of the Chinese people” and would not be honored. Although certain actions by the Chinese Communists indicated as early as February, 1949 that property owned by the U.S. Government and its nationals would be treated unfavorably by the new regime, no concerted steps were taken by the PRC against U.S. property until the United States had already placed an “embargo” on American trade with China. Only after Chinese troops had entered Korea and the U.S. Government had blocked and frozen all Chinese assets within its jurisdiction did the PRC freeze all public and private property of the United States in the PRC and order that an inventory of it be made. The PRC “assumed control of all U.S. property in China under a decree issued on December 29, 1950. ”