857H.01/36

The Acting Secretary of State to the French Ambassador (Daeschner)

Excellency: I have the honor to acknowledge the receipt of your note of April 7, 1925, in further relation to the question of the adherence of Russia to the Treaty of February 9, 1920, concerning Spitzbergen.

You state that your Government concurs in the views of this Government that the adherence of Russia to the Treaty should be effected through an agreement calling for ratification, but that it perceives objection to the designation “the regime now functioning in Russia and known as the Union of the Soviet Socialist Republics” which is used in the draft agreement handed to Mr. de Laboulaye by Mr. Grew on July 15, 1924.

This Government has given careful consideration to the views of the French Government in the matter as expressed in your note of April 7, 1925, and I now enclose a draft of the proposed agreement which it is believed is in harmony with the views of the French Government as set forth in your note.

Accept [etc.]

Joseph C. Grew
[Page 204]
[Enclosure]

Proposed Draft of Agreement Relative to the Adhesion of Russia to the Spitzbergen Treaty

The United States of America, the British Empire, Denmark, France, Italy, Japan, Norway, the Netherlands, and Sweden, signatories to the Treaty concluded in Paris on February 9, 1920, concerning Spitzbergen, having found that some of them have recognized what is known as the Union of the Soviet Socialist Republics, as the Government of Russia, and that those who do not so recognize that Union are, under the following conditions, not opposed to the adherence of Russia to the Treaty through that agency:

Have agreed, notwithstanding the stipulation in the first paragraph of Article 10 of the Treaty, to permit Russia to adhere to the said Treaty even though all of the High Contracting Parties have not at this time recognized what is known as the Union of the Soviet Socialist Republics, on condition and with the definite understanding that the absence of objection to such adherence of Russia on the part of any of the High Contracting Parties, shall not be interpreted in any way as implying any recognition whatsoever of that Union as the Government of Russia, by any High Contracting Party which has not recognized it as the Government of Russia.

The present agreement shall be ratified by all of the High Contracting Parties. Each High Contracting Party shall in the shortest possible time send its ratification to the French Government which will see to its being notified to His Majesty the King of Norway and to the other High Contracting Parties. The ratifications shall remain on deposit in the Archives of the French Government. The present Agreement shall go into effect for each High Contracting Party on the date of the deposit of its instrument of ratification.