861.04417/6–1247: Telegram
The Chargé in the Soviet Union (Kohler) to the Secretary of State
2120. Embtel 2093, June 10.1 Following is Embassy comment on two new Soviet decrees revising security legislation: 1. Responsibility for revelation of state secrets and for loss of documents containing state secrets; 2. Establishment of list of information constituting state secrets, revelation of which punishable by law.
Punishments in general made much more severe and are defined more clearly. (1) For officials revealing state secrets punishment formerly [Page 570] up to 5 years, now made 8–12 years. (2) For military revealing state secrets formerly at least 1 year solitary and now 10–20 years forced labor. (3) For private persons state secret formerly up to 3 years, now 5 to 10 years. (4) For loss by official of classified document formerly up to 5 years or if serious consequences occurred or might have occurred up to 10; now 4–6 years and if serious consequences 6–10 years. (5) Same offense for military formerly at least 1 year solitary and now 5–8 years or if serious consequences 8–12 years. (6) Technical secrets (inventions, discoveries, et cetera) formerly punished under same heading as general state secrets now are especially singled out. Punishment for their revelation 10–15 years.
List of state secrets now issued decidedly broadens former list and in effect classifies almost all military, economic and technical information. New list based on former list issued 1926. Three clauses added: (1) Information on industry, agriculture, trade, communications classified by decision Council Ministers. (2) All information on geological resources and extraction non-ferrous and rare metals and earths. (3) Omnibus clause covering all other classified information. One clause included 1926 now [omitted?]. This covered measures and methods of counter espionage and battle against counter-revolution. This item obviously included now under Omnibus clause above. Under former law only technical information specifically designated by Council Ministers was considered state secret. Now all unpublished technical information declared to be state secret.
It should be noted that decree lifting punishment for revelation state secrets and loss classified documents only covers such offensives [offenses?] under this head not constituting treason or espionage. This decree is thus measure against carelessness in handling classified information rather than against treason or espionage.
If security violations come under head of treason or espionage they are prosecuted under laws on treason and espionage rather than under this decree. Maximum sentence for treason is 25 years now that death penalty has been abolished.
Prior abolition capital punishment recently maximum prison sentence which could be given in Soviet Union except in cases involving treason was 10 years. For serious non-treasonable offenses there was thus no legal penalty in between 10 years prison and death by shooting. Substitution for all offenses of 25-year maximum sentence in place of capital punishment makes it possible to give prison sentences also between 10–25 years for serious but non-treasonable offenses. This requires revision of certain sections of criminal code. Recently new sentences for robbery and theft were announced. Present decrees on carelessness in handling classified information seem to be another step in general adoption more Draconian criminal laws.
[Page 571]Principal significance of these two decrees on security lies in fact that their announcement serves as public warning to all Soviet citizens that battle against foreign espionage in Soviet Union is being greatly intensified and security is being tightened. Most Soviet citizens who read decree will take it as warning not to talk to foreigners in particular. Decree is probably meant to have this effect.
One interesting clause in decree protects scientific and technical discoveries made by Soviet citizens “whether in the Soviet Union or abroad on assignment”. This clause seems to indicate concern for scientific work being done by Soviet scientists in Germany or elsewhere in eastern Europe.
- Not printed. The texts of two decrees were sent to the Department. (1.) The decree of June 8, by the Council of Ministers of the Soviet Union, On Establishment of List of Information Constituting Secret of State Divulging of Which Punishable by Law. (2.) The law of June 9, by the Presidium of the Supreme Council of the Soviet Union, On Liability for Divulging State Secrets and for Losing Documents Containing State Secrets. (861.04417/6–1047)↩