361.11/11–1445
The Secretary of State to the Ambassador in the Soviet Union (Smith)
957. Your despatch 2257, Nov 14, 194596 concerning treatment of American nationals in Soviet Union and urtel 771, March 12 on same subject. If you approve you are authorized at the earliest appropriate opportunity to take up matters discussed in two communications as well as matters hereinafter discussed with the Soviet Foreign Minister personally accompanying your oral statement with an [Page 755] aide-mémoire which should be couched in such terms as to be suitable for publication if desirable.
I. Long accumulation of unsolved cases has resulted in embarrassment to Dept in its communication with persons in US interested in American nationals in Soviet Union. Dept desires that discussions with Foreign Minister be on a plane of utmost frankness.
Some plan must be set up under which Dept’s representatives in Soviet Union may communicate with Soviet officials about American nationals and receive prompt and adequate replies regardless of fact that some such nationals may also possess Soviet or other foreign nationality. One of the essentials of friendly and stable international intercourse is that the representative of one country may communicate freely with the representative of another country and receive a prompt and frank reply. Another essential is that a national of one country should have untrammelled right of calling upon diplomatic or consular officer of country of which he is a national for assistance in case of need.
Soviet authorities have since resumption of diplomatic relations molested and in numerous instances arrested American nationals who have called at the Embassy, some of whom have disappeared and Embassy has been unable to ascertain their whereabouts or fate. Other nationals have been fearful of calling at the Embassy. As has been pointed out whenever Soviet authorities could possibly consider on any technical grounds that individual concerning whom Embassy made inquiry was Soviet citizen under Soviet law they have done so and declined furnish Embassy with any information concerning him.
When US and Soviet Union resumed diplomatic relations in 1933 it was publicly stated by President and Litvinoff that the two governments had decided to establish normal diplomatic relations.97 Certainly the arrest of American nationals who call at Embassy and intimidation of others to prevent their calling at Embassy is abnormal and contrary to one of the express purposes of resuming diplomatic relations. In his letter of Nov. 16, 1933 Litvinoff informed President Soviet Government is prepared to grant to nationals of US rights with reference to legal protection which shall not be less favorable than those enjoyed in Soviet Union by nationals of nation most favored in this respect. Specifically, the Soviet Government obligated itself to notify American Consuls promptly regarding arrests of American nationals and of their transfer from one place of detention to another, and also to grant without delay requests to visit them. This under-taking [Page 756] on part of Soviet Union appears to have been almost totally ignored. Dept considers the undertaking includes all nationals of US and does not exclude nationals who may also have Soviet or other foreign nationality. It deems it highly unsatisfactory for Embassy to be advised in response to an inquiry regarding an American national that such national has been naturalized as a citizen of the Soviet Union or is considered to have been a Russian or Soviet citizen since birth or was naturalized in US without consent Soviet authorities and hence is deemed to be Soviet citizen only and that Embassy could have no valid interest in the individual. Dept considers its representatives entitled to communicate in person or in writing with any such person on the basis of his American nationality.
Dept is aware many American nationals after having been admitted to Soviet Union have suddenly been advised they must leave country on very short notice or apply for Soviet citizenship. Dept considers this exceedingly arbitrary. When confronted with such alternatives it may be individual concerned could not make arrangements to obtain funds for travel or settle affairs within period designated in consequence of which he is in fact not given an alternative but is obliged by circumstances amounting to duress to become naturalized. Other methods, such as withholding work and food cards, have been resorted to to require American nationals to apply for Soviet citizenship. Dept considers its representatives should be permitted to communicate with these nationals to determine whether duress was involved in their naturalization and should not be prevented from doing so with mere assertion that the nationals have acquired Soviet citizenship.
II. Department desires an early settlement of all outstanding cases affecting American citizens on which the Embassy has previously approached the Soviet Government with unsatisfactory results and considers that written agreement should be sought on the following points:
Prompt access should be given officers US Govt to all persons asserting claim to American nationality without prior attempt on part of Soviet authorities to determine for themselves whether claim is justified.
Prompt extension of permission to American nationals to travel to Embassy for purpose establishing American nationality.
Prompt extension to American nationals of permission to leave Soviet territory after they have been appropriately documented as American nationals in all cases in which no valid reason for their detention is or can be adduced by the Soviet Government.
Reasonable facilities to American nationals in form of assistance for transportation, necessary local documentation, et cetera and food and [Page 757] ration cards while awaiting transportation after they are documented and have been issued permission to leave Soviet Union.
Equal status for American nationals for passage on passenger vessels operating under Soviet flag.
Permission for officers of US Govt to travel to territory under the control of USSR, particularly in territory west of western boundary of USSR in 1939, more especially to the City Lwow, where numbers of American nationals are known to be living in order to render them appropriate documentation and assistance.
Reasonable extension of privilege of exit permits to alien wives and children of American nationals.
Undertaking to receive and to act promptly upon inquiries of US Govt regarding whereabouts and welfare of American nationals and of their immediate relatives.
III. It should be stressed that the matter is urgent because there are in Soviet Union number of Americans who will lose American nationality under Sects. 404 and 407 of Nationality Act of 1940 unless they depart from Union before Oct 14, next. Undoubtedly there are others who will come within scope of Sect. 401(a) and thus lose American nationality unless they take up residence in US before attaining age of twenty three years. Failure to remedy this situation fully to satisfaction of this Government will require Dept at a very early date to seek from Congress an extension of present legislation in so far as law affects persons detained against their wishes in Soviet Union.
IV. When these matters are taken up with Soviet Foreign Minister it should be made clear Dept desires satisfactory solution in the near future. For your confidential information situation is such Govt considers it unfair to keep information concerning attitude of Soviet authorities in nationality matters from people of US and particularly their representatives in Congress. It would no longer be justified in withholding from American public fact that since resumption of diplomatic relations Dept’s representatives in Soviet Union have met only with evasion, procrastination and every sort of expedient to remove passport, protection, and nationality cases from area of international discussions even to point of unwillingness to correspond in a courteous and helpful manner in these matters.
Dept is considering the disclosure of facts of this situation to American public as soon as aide-mémoire has been presented. If you approve, please forward text of aide-mémoire timed for public release on date of your representations to the Foreign Minister.
Your views are requested as to appropriate timing of publicity on this matter, particularly on the desirability of such publicity before Soviet Govt has been given time to give its reply.
- Not printed.↩
- For documentation on the recognition by the United States of the Soviet Union on November 16, 1933, see Foreign Relations, The Soviet Union, 1933–1939, pp. 1 ff.↩