Editorial Note
A Tripartite Merchant Marine Commission was established pursuant to Part IV A of the Protocol of the Proceedings of the Berlin Conference of the Heads of Government of the United States, United Kingdom, and Soviet Union, August 2, 1945, for the purpose of submitting recommendations to its member governments (the United States, the United Kingdom, and the Soviet Union) concerning the disposition of specific German merchant ships. (See Foreign Relations, The Conference at Berlin (The Potsdam Conference) 1945, volume II, page 1488.) The Tripartite Merchant Marine Commission completed its First Report to the member governments on December 7, 1945, recommending an initial allocation of German merchant ships. The report was subsequently amended and approved by the three member governments in early 1946. (See Foreign Relations, 1945, volume III, pages 1513–1521.) The Commission completed its Second Report to the member governments on December 4, 1947. The report was not approved by the United States Government. In notes of May 26, 1950, and March 20, 1951, the Embassy of the Soviet Union drew the attention of the United States to the circumstance that the Soviet Union had approved the Second Report of the Tripartite Merchant Marine Commission but the United States had not done so. The notes further pointed out that the Soviet Union had not received 13 ships of the German merchant fleet which it claimed it was legally entitled to in accordance with the recommendations of the Tripartite Commission. (962.53/5–2650 and 962.53/3–2051)
[Page 1622]On July 31 the Secretary of State replied to the communications of the Soviet Embassy. The operative portion of his note, which was released to the press on August 2, read as follows:
“The Soviet Government is informed that the Government of the United States has decided not to approve the above-mentioned report. The Tripartite Commission constituted a committee of experts who were authorized solely to make ‘recommendations’ to their governments. The respective governments were under no obligation to approve these recommendations. The contention of the Soviet Embassy that the Soviet Government is ‘legally entitled’ or ‘has a legal right’ to the vessels recommended for allocation to the Union of Soviet Socialist Republics in this report is therefore erroneous.” (962.53/7–3151)
Text of the Soviet Embassy note of March 20, 1951, and the note of the Secretary of State of July 31, 1951, were both released to the press by the Department of State on August 2. (Department of State Bulletin, August 13, 1951, page 254) In a further note of October 30, 1951, to the Department of State, the Soviet Embassy once again set forth the arguments of the Soviet Government for approval of the Second Report of the Tripartite Commission. The Embassy’s note concluded as follows:
“The Soviet Government again affirms the indisputable right of the Soviet Union to that portion of the vessels of the former German merchant marine which is due to it, and insists on the transfer of these vessels to it.” (962.53/10–3051)