Foreign Relations of the United States, Diplomatic Papers, 1940, The British Commonwealth, The Soviet Union, The Near East and Africa, Volume III

311.6121 Chichkov, Viktor

Memorandum of Conversation, by the Assistant Chief of the Division of European Affairs (Henderson)

[Washington,] August 20, 1940.

Mr. Gromyko, Counselor of the Soviet Embassy, came in to see Mr. Henderson this afternoon in order to present to him the attached memorandum.⁹⁴ This memorandum set forth instances in which Soviet citizens, particularly engineers, had been allegedly mistreated by American police or other officials.

In handing Mr. Henderson the memorandum Mr. Gromyko said that the instances described therein must be considered as merely illustrative since many more could be cited. These instances, he said, fell into three categories:

1. Cases in which Soviet citizens in this country on official business for the Soviet Government had been detained or treated discourteously by American police officers, local, or Federal.

2. Cases in which Soviet engineers and other Soviet citizens entering the United States on official business for the Soviet Government had been detained or inconvenienced by United States immigration authorities, although in possession of valid visas.

3. Cases in which United States customs officials had examined the baggage of Soviet consular officers entering the country.

Mr. Gromyko discussed the first category of cases in some detail. He said that the Soviet Government was convinced that these cases of mistreatment of Soviet engineers and other Soviet citizens in this country were linked together and were systematic. It was felt that American Federal officials were responsible for the unfriendly attitude shown by the local police authorities to Soviet citizens. It was the request of the Soviet Government that the police officials responsible for the mistreatment described in the memorandum be instructed that there was no justifiable cause for the detentions which had taken place and that in the future every consideration was to be shown to Soviet citizens. It was also the desire of the Soviet Government that the appropriate Federal and State officials of the United States be informed by circular or other means, (a) that Soviet engineers, Amtorg officials, etc. in the United States were in the country legally and should be treated with consideration; (b) that if there was any doubt whatsoever regarding the status of any person claiming himself to be a Soviet citizen, such person should be permitted at his request to communicate by telephone with the appropriate Soviet consular office or with the Embassy in Washington in order to prove his identity. The Soviet Government desired assurances from the American Government that incidents of the kind described in the first part of the list should cease.

Mr. Henderson told Mr. Gromyko that he was convinced after glancing at the list of instances, that there could be no link between them. There was no systematic persecution of Soviet officials or citizens of the Soviet Union. In view of the present international situation, police officials throughout the United States were in general on the alert for so-called Fifth Columnists or persons engaging in activities injurious to public interests. It was not surprising, therefore, that strange aliens in many instances should be detained and examined. He was confident that the cases of detention and examination of Soviet citizens in the United States were rare in comparison with the detention and examination of citizens of a number of other countries.

Mr. Henderson also remarked that in view of the peculiar dual system of the American Governmental apparatus, it was difficult for the Federal Government to supervise rigidly the work of the local police authorities. It would therefore not be possible to give assurances that no instances similar to those which had taken place in the past would occur in the future. Mr. Henderson said that nevertheless he was sure that the proper steps would be taken in order to reduce the number of such cases to a minimum.

Mr. Gromyko said that the duty of the Soviet Embassy was to protect Soviet citizens in the United States. The Soviet Embassy was not interested in what happened to citizens of other countries. It must, however, under instructions from its government, insist that steps be taken which would terminate at once instances of the nature set forth in the memorandum. Mr. Henderson informed Mr. Gromyko that the statements which he just made would be brought to the attention of the appropriate officials of the American Government. Mr. Henderson said he could not refrain, however, from pointing out that it is the duty of American police officials in their efforts to protect the interests of the United States to investigate from time to time the activities of persons who, for some reason or other, might fall under suspicion. Among these persons there might conceivably be some Soviet citizens. In the Soviet Union similar problems existed. Dozens of cases of temporary detention of American citizens had been brought to the Embassy during the period that Mr. Henderson was in Moscow.⁹⁵ Most of these cases had not even been reported to the Foreign Office since it had been clear that the police, in detaining such American citizens, had been doing so merely for the purpose of ascertaining their identity and acquainting themselves with the nature of their activities. In Mr. Henderson’s opinion it would be impossible for the American Government to issue instructions which might prevent the police from engaging in their usual activities of protecting American public interests.

Mr. Gromyko referred to the alleged mistreatment of Soviet citizens by immigration officials of the United States. He said that since August 1939 there apparently had been an almost systematic mistreatment of Soviet citizens entering the United States or already in the United States by immigration officials. He hoped that steps could be taken to make sure that Soviet citizens legally in this country would not be molested or inconvenienced by the action of American immigration officials.

Mr. Henderson told Mr. Gromyko that his statements would be given careful consideration. Mr. Gromyko should understand, however, that since the outbreak of the war immigration laws were being enforced with strictness and no relaxation in this respect could be expected in the immediate future. He was certain that if Soviet officials had been detained or inconvenienced, there were legal grounds therefor. In any event he was confident that there was no systematic mistreatment of Soviet citizens. The cases which had been cited would be looked into and the matter could be discussed again at a later date.

Mr. Gromyko said that it was the feeling of the Soviet Government that if Soviet citizens upon entering the United States were in possession of valid Soviet visas, they should not be detained by the immigration authorities. In particular, the immigration authorities should not subject them to examination with respect to the persons for whom they had voted in the last Soviet elections, and so forth.

Mr. Henderson replied that it had already been pointed out, in a number of conversations with the Soviet Embassy on the subject, that the United States Immigration officials had the right to question and examine aliens entering the country regardless of whether or not such aliens were in possession of valid visas. The immigration authorities bore the final responsibility for preventing the entry into the United States of inadmissable aliens, and neither the State Department nor any other Department of the Government was in a position to interfere with their work of carrying out the laws and immigration regulations.

Mr. Gromyko stated that the examination by United States customs officials of the baggage of Soviet consular officers entering the United States was discrimination against the Soviet Union. The Soviet Government had noted in particular that these examinations were taking place at the specific request of the Department of State. A customs officer in New York had informed one of the Soviet consular officers who was protesting at such an examination that he had received a letter from the State Department requesting that the examination be made.⁹⁶

Mr. Henderson replied that according to American customs laws and regulations, consular officers of foreign countries must be given the same customs treatment as that extended to American consular officers in entering the countries which such consular officers represented. The treatment given to foreign consular officers entering the United States was based on the principle of reciprocity.

Mr. Gromyko said that the Soviet Government could not accept discrimination. According to Soviet law, the baggage of consular officers of all foreign countries entering the Soviet Union must be examined by the customs officials. The consular officers of the United States in this respect were given treatment just as favorable as that of the consular officers of any other country. There was no discrimination against the consular officers of the United States. The Soviet Government therefore requested that no discrimination be shown Soviet consular officers entering the United States.

Mr. Henderson replied that the policy of the American Government of applying the principle of reciprocity in deciding the customs treatment to be given any foreign consular officer entering the country had been established long before there was a Soviet Union. This policy was applied universally. There were many countries the customs officers of which insisted on examining the baggage of American consular officers. The United States customs officials were accustomed to giving like treatment to the consular officers of those countries. For the United States to order the United States customs officials not to examine the baggage of Soviet consular officers would mean discrimination against other countries which did not grant customs courtesies to American consular officers. In the opinion of Mr. Henderson no purpose could be served in discussing the possibility of the United States departing from its long-established policy of applying the principle of reciprocity in the customs treatment to be given to foreign consular officers.

94. Not printed.
95. For correspondence on the arrest and detention of American citizens by Soviet authorities, see Foreign Relations, The Soviet Union, 1933–1939, pp. 904 ff.
96. For correspondence regarding the examination by United States Customs authorities of the baggage of Dmitry Ivanovich Zaikin (Zaikine), Soviet Vice Consul at New York, the case here under reference, see Foreign Relations, The Soviet Union, 1933–1939, pp. 857–868, passim.