(RELATING TO DISPUTE ON THE C.E.R.)
The Sino-Soviet Agreement
On December 22, 1929 Simanovsky, representing the Moscow Foreign Office and Mr. Tsai, representing the Chinese Republic, signed the following protocol:
1.—Preliminary conditions of the Government of the U.S.S.R. understood by both parties in full conformity with the telegram of Mr. Litvinov of November 27 and the Nikolsk-Ussurisk protocol of December 3 as restoration of the situation existing prior to the conflict and based upon the Mukden and Peking agreements.
All outstanding questions which have arisen during the period of joint Soviet-Chinese management of the Railway are to be solved at the forthcoming conference. Accordingly the following measures are to be immediately carried out:
(a) Restoration, on basis of the old agreements, of the activity of the Management of the C.E.R. and resumption by Soviet members of the Management of their duties. Henceforth the Chinese Chairman of the Management and Soviet Vice-Chairman of the Management must act only jointly in conformity with article 6 of the Soviet-Mukden agreement.
(b) Restoration of the former proportion of offices held by Soviet and Chinese citizens and reinstatement (or immediate appointment of new candidates should such be recommended on the Soviet side) of Soviet citizens, chief officers and assistant chiefs of departments.
(c) Orders and instruction on the C.E.R. issued on behalf of Management and Administration of C.E.R. beginning on July 10, 1929 are considered invalid unless properly confirmed by the local management and administration of the road.
2.—All Soviet citizens without exception arrested by Chinese authorities after May 1, 1929 and in connection with the conflict immediately to be released without subdivision into any categories, including Soviet citizens arrested during the search of the Harbin Consulate on May 27, 1929.
The Government of the U.S.S.R. also immediately releases all Chinese citizens without exception arrested in connection with the conflict and interned Chinese soldiers and officers.
3.—All workers and employees of the C.E.R., citizens of the U.S.S.R. discharged or resigned, beginning July 10, to be given the right and opportunity immediately to return to positions held prior to discharge and to receive money owing them from C.E.R.
Those discharged and resigned, who fail to utilize this right must immediately be paid full wages, pension dues etc. owing to them.
Vacancies may be filled only by a proper order of the lawful management and administration of the C.E.R. and all former Russian citizens non-citizens of the U.S.S.R. employed by C.E.R. during conflict must be summarily and immediately discharged.
4.—Chinese authorities immediately to disarm the Russian White Guards detachments and deport from the Three Eastern Provinces their organizers and inspirers.
5.—Leaving open the question of resumption of full diplomatic and consular relations between U.S.S.R. and China until the Soviet-Chinese Conference, both parties consider possible and necessary the immediate restoration of Soviet Consulates in the territory of the Three Eastern Provinces and Chinese Consulates at respective points of the Soviet Far East. In view of the fact that the Union Government declared on May 21, 1929, that "since the Chinese Authorities have proved by all their actions their clear unwillingness and inability to reckon with the generally accepted principles of International Law and customs, it on its part does not henceforth regard itself bound by these principles in relation to Chinese representation in Moscow and Chinese Consulates in Soviet Territory and that this representation and these Consulates will no longer enjoy the extra-territoriality to which International Law entitles them," and that both parties intend to restore consular relations between them on a basis conforming with the principles of International Law and customs, the Mukden Government declares that it undertakes to assure the Soviet Consulates, on the territory of the Three Eastern Provinces, full inviolability and all privileges to which international law and custom entitle them and will of course refrain from any action violating this inviolability and these privileges. On its part the Government of the U.S.S.R. discontinues the special regime established by it between May 21, 1929 and the rupture of relations for Chinese Consulates and grants these Consulates, which are to be restored by virtue of the first clause of this point, on the territory of the Soviet Far East, all privileges and the full inviolability to which International Law and custom entitle them.
6.—With restoration of Consulates, opportunity immediately is given for the resumption of normal activity of all Soviet business organizations existing before the conflict within the Three Eastern Provinces.
Similar opportunity is offered to restore Chinese commercial enterprises which existed within the U.S.S.R. and whose operations were discontinued in connection with the C.E.R. conflict.
The question of commercial relations between the two countries as a whole to be settled at the Soviet-Chinese Conference.
7.—The question of real guarantees of observance of agreements and the interests of both sides are to be solved at the forthcoming conference.
8.—The Soviet Chinese Conference to regulate all outstanding questions to be held at Moscow on January 25, 1930.
9.—The peaceful situation on the frontiers of China and the U.S.S.R. to be restored immediately with the subsequent withdrawal of troops by both sides.
10.—This protocol comes into force from moment of its signature.
December 22, 1929.