871.6363/9–745: Telegram

The Secretary of State to the American Representative in Rumania (Berry)9

548. Dept agrees with American position regarding Soviet requests outlined urtel 650 Sept 7 except as hereafter indicated.

Dept desires that American members be requested to inform Soviet members of Soviet-American Oil Commission that settlement of [Page 662] questions arising from the Soviet removal of oil equipment in Rumania (Deptel 412 Aug 10) hinges on (1) Soviet-American agreement as to materials removed by Soviets, (2) Question of ownership regarding material removed, and (3) Restoration of American owned equipment or replacement in kind.

Point (1) should be resolved on basis of comparing list prepared by oil company with Soviet list of equipment removed and of agreeing on quantity and value involved. Point (2) should be resolved on basis of oil company furnishing factual data pertinent to establishment of American ownership of removed material, and for the purpose of this inquiry the Commission should confine itself to the question of whether title to the equipment discussion vested clearly in Romano-Americana under the applicable provisions of existing Rumanian law (such determination being considered by the Department sufficient to establish American ownership). Point (3) provides for restoration of equipment removed or replacement of equipment in kind by Soviets after oil company establishes ownership.

It should be emphasized that Commission is not empowered to discuss issues beyond the scope outlined herein.

  1. Repeated to Moscow and London as telegrams 2177 and 9188, respectively.