580.7A3/402
The Secretary of State to the American Delegation
Sirs: In further reference to the International Conference for the Revision of the Convention of 1914 for the Safety of Life at Sea, which will convene at London on April 16, and as supplementing the general instructions of this date,7 to you in regard to your duties as representatives of the United States to that Conference, you are reminded that the Government of the United States has never recognized as the Government of Russia the régime now functioning in that country, called the Union of Soviet Socialist Republics, to which an invitation to send representatives to the Conference was extended by the Government of Great Britain, as mentioned on page 7 of your general instructions.
I am not informed whether the so-called Union of Soviet Socialist Republics has accepted the invitation to send representatives to the Conference and, of course, it is not possible to foresee whether such representatives, if in attendance, will sign a Convention or other instrument resulting from the Conference or even whether you as plenipotentiaries on the part of the United States will sign such an instrument. In view, however, of the probability of the participation in the Conference of representatives of the régime now functioning in Russia and of the signature by you and by them of a Convention or other instrument drawn up at the Conference, I furnish you for your information and guidance a statement of the views of the Government of the United States with respect to the attitude which you should adopt if these events occur.
[Page 376]It is the view of the Government of the United States that neither participation of the United States through an American delegation in a Conference in which delegates representing the Soviet régime are also participants, the signing by American plenipotentiaries of a multilateral Convention which is signed also by delegates of the Soviet régime, nor the ratification of a Convention signed by plenipotentiaries of the United States and representatives of the Soviet régime constitute recognition of the so-called Government of the Union of Soviet Socialist Republics as the Government of Russia, and that such actions by the United States or its plenipotentiaries are not fairly open to construction by foreign Governments as constituting such recognition by the United States.
It may be observed in this connection that although the Allied Powers permitted the Soviet régime to sign the so-called Straits Convention, concluded at Lausanne on July 24, 1923, those Powers did not consider that they thereby gave recognition to the Soviet régime as the Government of Russia. No reservations were made by them. The Soviet Government made no effort to claim that their signature of that Convention constituted recognition of their régime as the Government of Russia by the other signatories.
It is believed that it is widely recognized that mutual participation in an international conference is of no significance as indicating reciprocal recognition of the Governments represented at the Conference, and that in respect of this matter, it is not necessary for the delegation to take any action. The Government of the United States foresees, however, that it is possible that such an act as the signing on the part of the United States of a Convention, which also is signed on the part of the Union of Soviet Socialist Republics, might, if the position of the United States is not explained at the time of signing, be construed in some quarters which are not acquainted with the views of this Government, as a recognition of the Soviet régime as the Government of Russia.
On the occasion of the signing of the Convention Revising the International Sanitary Convention of January 17, 1912, signed at Paris June 21, 1926,8 by plenipotentiaries of the United States and the Soviet régime as well as by the plenipotentiaries of other countries, a reservation was made by the plenipotentiaries of the United States as follows:
“The Plenipotentiaries of the United States of America formally declare that their signing the International Sanitary Convention of this date is not to be construed to mean that the United States of America recognizes a régime or entity acting as Government of a signatory or adhering Power when that régime or entity is not recognized [Page 377] by the United States as the Government of that Power. They further declare that the participation of the United States of America in the International Sanitary Convention of this date does not involve any contractual obligation on the part of the United States to a signatory or adhering Power represented by a régime or entity which the United States does not recognize as representing the Government of that Power, until it is represented by a Government recognized by the United States.”
It is desired that, in the event that the plenipotentiaries of the United States and the Soviet representatives both sign a Convention or other instruments drawn up at the Conference on Safety of Life at Sea, an appropriate reservation, similar to the one above quoted, be made on the part of the United States at the time of signing, as a safeguard against any possible misconstruction of the position of the United States in regard to the question of the recognition of the present régime in Russia.
I am [etc.]