361.11 Employees/349
The Chargé in the Soviet Union ( Henderson ) to the Secretary of State
[Received October 15.]
Sir: I have the honor to enclose herewith a copy of a memorandum45 regarding the difficulties experienced by American engineers in connection with the examination of their drawings, technical data and documents by the Soviet customs authorities prior to their departure from the Soviet Union.46
[Page 395]It will be noted from an examination of the memorandum that in February, 1937, an American engineer was required to turn over to the Soviet customs authorities all of his detailed drawings of an electric furnace which he had installed in Leningrad on behalf of another American firm. It appears that the customs authorities stated that it would be necessary to examine the documents carefully and forward them to the engineer in the United States at a later date by post. Although there is no definite evidence showing that the drawings were used or photostated, there appears to be little doubt, in view of the circumstances outlined in the memorandum, that the Soviet authorities actually made use of the documents to construct an electric furnace similar to the one purchased in the United States.
It will be further noted that apparently the practice of acquiring [requiring] foreign engineers to turn over their documents, drawings and data to the Soviet authorities for examination without the engineers being permitted to be present during the examination is still being carried out.
Reference is made in this connection to the Embassy’s despatch No. 761 of July 25, 1935,47 regarding the assurances given by the Soviet authorities to the effect that American citizens would be permitted to be present at the customs examination of documents which they brought with them to the Soviet Union and which they desire to take out of the country.
On the basis of the information contained in the attached memorandum it appears that the promises given by the Soviet authorities in this regard are no longer in force. The care with which the Soviet authorities are examining documents of foreigners is undoubtedly connected with the present political difficulties through which the country is passing. As has already been reported by the Embassy the political situation is closely tied up with an anti-foreigner movement which undoubtedly accounts for the present attitude of the Soviet customs authorities in regard to the examination of documents and technical data. This attitude however does not change the fact that in their vigilance to run down spies the Soviet authorities also may find it convenient to use certain confidential information obtained during the examination of the documents which they could not otherwise obtain at any cost or could only obtain after the conclusion of a contract specifically providing that such information should be furnished.
Inasmuch as Mr. Van Keuren, the engineer of the Radio Corporation of America who informed the Embassy regarding these developments, does not wish the Embassy to bring his case to the attention of the Soviet authorities at this time, the matter will be held in abeyance for the time being. Developments in this matter, however, will [Page 396] receive the continued attention of the Embassy pending a suitable opportunity to take the question up with the appropriate authorities.
Respectfully yours,
- Not printed.↩
- The Embassy reported in telegram No. 302, July 24, 1935, 5 p.m., that a memorandum had been received from the People’s Commissariat for Foreign Affairs on July 22, 1935, which declared: “It is self-understood that the competent authorities intend in the future to permit foreign citizens to be present during the examination of documents which these persons take out.” (861.602/267)↩
- Not printed; it confirmed the telegram quoted in preceding footnote.↩