Executive Order 9843—Authorizing the Secretary of the Navy to Transfer Certain Vessels and Material and to Furnish Certain Assistance to the Republic of China

WHEREAS the act of July 16, 1946, Public Law 512, Seventy-ninth Congress, provides, in part:

"That notwithstanding the provisions of any other law, the President is authorized, whenever in his discretion the public interests render such a course advisable, or will assist in relieving United States forces of duty in China or putting the government of the Republic of China in better position to protect or improve the safety of navigation in its waters, to provide to the Republic of China such naval services, training, plans, and technical advice as he may deem proper; and to dispose of naval vessels and craft, not to exceed two hundred and seventy-one vessels and craft under authority of this Act, which are in excess of the naval needs of the United States, floating drydocks of capacity sufficient to accommodate any vessel or craft disposed of under authority of this Act, and material necessary for the operation and maintenance of the vessels and craft disposed of under authority of this Act sand for the training of the crews of such vessels and craft, to the Republic of China by sale, exchange, lease, gift, or transfer for cash, credit, or other property, with or without warranty, or upon such other terms and conditions as he may deem proper: Provided, That prior to the disposition under the authority of this Act of any battleship, aircraft carrier of any type, cruiser, destroyer (but not destroyer escort), or submarine the President shall first obtain the authority of the Congress in each instance: Provided further, That no information, plans, advice, material, documents, blueprints, or other papers, bearing a secret or top-secret classification shall be disposed of or transferred under authority of this Act.

"SEC. 2. The President is authorized, upon application from the Republic of China, and whenever in his discretion the public interests render such a course advisable, to detail not to exceed one hundred officers and two hundred enlisted men of the United States Navy and Marine Corps to assist the Republic of China in naval matters: Provided, That United States naval or Marine Corps personnel shall not accompany Chinese troops, aircraft, or ships on other than training maneuvers or cruises * * * "

WHEREAS the Republic of China has requested the United States to transfer to it certain specified naval vessels, craft, and floating drydocks, and to furnish it certain technical advice and assistance in connection with the organization and maintenance by it of a naval establishment; and

WHEREAS such vessels and craft are in excess of the naval needs of the United States; and

WHEREAS it appears that the transfer of such vessels, craft, and floating drydocks, and the furnishing of such advice and assistance to the Republic of China would be in accordance with the conditions and limitations of the said act of July 16 1946, and would be in the public interest;

NOW, THEREFORE, by virtue of the authority vested in me by the said act of July 16, 1946, and as President of the United States and as Commander in Chief of the Army and Navy of the United States, it is hereby ordered as follows:

SECTION 1. Subject to the conditions and limitations contained in the said act of July 16, 1946, the Secretary of the Navy is authorized:

(a) To transfer to the Republic of China without compensation the said vessels, craft, and floating drydocks.

(b) To repair, outfit, and equip the vessels, craft, and floating drydocks which are to be transferred under paragraph (a) of this section, and to transfer material deemed by the Secretary of the Navy to be necessary for the operation and maintenance of the vessels and craft so transferred, all on the basis of cash reimbursement of the cost thereof by the Republic of China which has not been classified as secret or top-secret as the Secretary of the Navy may deem proper.

(d) To train personnel for the operation of such vessels, craft, and floating drydocks, and for such other naval purposes as the Secretary of the Navy may deem proper.

(e) To detail not more than one hundred officers and two hundred enlisted men of the United States Navy or Marine Corps to assist the Republic of China in naval matters under such conditions and subject to such rules and regulations as the Secretary of the navy may prescribe.

SEC. 2. The authority hereby granted shall be exercised by the Secretary of the Navy subject to concurrence by the Secretary of State; and if at any time the Secretary of State shall determine that the transfer of further vessels and craft or material would not be in the public interest, such transfers shall be discontinued.

HARRY S. TRUMAN

THE WHITE HOUSE,

April 25, 1947