360C.1121/3–1246: Telegram

The Chargé in the Soviet Union (Kennan) to the Secretary of State

confidential

771. Difficulties encountered by our Mission in Poland with respect to arrests of individuals who are claimants to American citizenship parallel completely difficulties which have been encountered here ever since resumption of relations in 1933,50 and they constitute in my opinion very clear evidence, if any is needed, as to who controls Polish security organs. Fact that security organs appear to be in position to influence Foreign Office and even to prevent latter from conduction correspondence in inconvenient cases, likewise has familiar ring. For this reason a word as to this Mission’s experiences may be of interest.

We have generally found Soviet authorities unhelpful, uncommunicative and discourteous in cases involving dual nationality. They obviously consider that they are under no obligation to give any information to our Mission in such cases or to pay any consideration to fact that individual has American citizenship and connections. This attitude has been so consistently maintained that we have given up hope of obtaining any satisfaction in cases where there is any strong evidence of Soviet citizenship on part of individuals concerned and in order to minimize number of rebuffs received from Soviet authorities we generally restrict our efforts in protection of individual interests to cases where there has never been any question or claim of Soviet citizenship. We have impression that in many cases arrests are made simply because of existence of such American connections either out of curiosity on part of police with respect to possible foreign espionage connections, or more likely, out of a desire on part of zealous police officials to produce evidence of such connections, whether or not [Page 714] they did in fact exist. Victims are then held incommunicado for long periods of time while police authorities cast about for such evidence and also for proof that USSR has some claim on person’s citizenship in order to be able to establish dual nationality and thus make it possible to remove individual from protection or even curiosity of Foreign Mission. In these cases Foreign Office quite evidently acting under orders of secret police, stubbornly refuses to reply to communications of Foreign Mission pending establishment of Soviet citizenship. (This also applies to cases where arrests have not been made, as for example the Czechel case.) Never in my recollection have Foreign Office officials conceived [consented?] to discuss individual questions of citizenship evidence with representatives of Embassy in friendly and frank manner. When police decide they are in position to claim that individual in question is Soviet citizen, this is usually communicated to Embassy in written statement to effect that individual acquired Soviet citizenship at such and such time and place. Impossibility of interviewing subject or checking on details means that Embassy has no choice as a rule but to accept such statement.

Plainly as was indicated in Embassy’s despatch 2257, November 15, 1945,51 this leaves no adequate protection for persons in borderline cases. It may even be said with respect to American citizens in general in Soviet Union that they enjoy here no protection by right and that treatment they receive results from good grace of Soviet authorities rather than from respect for international engagement. Our only understanding with Soviet Govt about treatment of citizens arises from Litvinov agreements of 193352 and Soviet police authorities, as far as we can see, have never permitted these agreements to influence their policies or actions.

As Dept is aware from despatch referred to above, I consider this situation unsatisfactory and feel that publicity should be given to uncooperative attitude of Soviet authorities. In particular, I think it should be brought home to American public at suitable time and in suitable manner, that our Government is severely handicapped in its ability to extend protection to any persons of whom it might possibly be claimed by Soviet authorities that they are Soviet citizens.

Sent Dept as 771, repeated Warsaw as 23.

Kennan
  1. For earlier documentation on efforts to assist Soviet spouses of American citizens and detained American citizens to leave the Soviet Union, see Foreign Relations, 1945, vol. v, pp. 1148 ff.
  2. Not printed.
  3. For the letters exchanged on this subject on November 16, 1933, between President Roosevelt and Maxim Maximovich Litvinov, then the People’s Commissar for Foreign Affairs of the Soviet Union, see Foreign Relations, The Soviet Union, 1933–1939, pp. 3334.