811.203/564: Telegram
The Chargé in the Soviet Union (Hamilton) to the Secretary of State
[Received May 28—12:30 a.m.]
1903. Department’s 921, April 15, noon. In conversation with Vyshinski on May 25, I referred to the question of criminal jurisdiction over members of the American Armed Forces in the Soviet Union and expressed the hope that the Soviet Government would soon see its way clear to taking action on this matter.
Vyshinski stated that the question presented certain complications in that no precedent had ever been established in the Soviet Union regarding matters of this kind. Remarking that he was merely offering his personal views and not speaking in an official capacity, he commented on the possible conflict between American and Soviet law in the administration of justice in the Soviet Union. As an example, he said that although speculation and barter were punishable offenses in the Soviet Union, they were not illegal acts under American law. American military personnel in the Soviet Union would be breaking Soviet law if they sold or bartered goods in their possession. Yet under American law no misdemeanor would have been committed. Furthermore, the question had arisen as to which code of laws, American or Soviet, would apply to personnel on leave or in some locality in the Soviet Union other than their place of military assignment. He said that he knew that various agreements had been reached on this question and that the Soviet Government was studying the matter carefully.
I remarked that in regard to some types of question it was not easy to reach an agreement covering every detail and every contingency, and that often the best way to proceed was on basis of general agreement and cooperation. I expressed the hope that a solution to the problem could be found that would be simple and would be based on cooperative understanding. Mr. Vyshinski replied that the Soviet Government was carefully considering the matter.