361.1121/2–2747: Telegram
The Ambassador in the Soviet Union (Smith) to the Secretary of State
562. In absence instructions to contrary, I shall deliver following note to Molotov on March 7:
“I have the honor to state that during past two years persons claiming American citizenship have been arrested in southern and eastern Europe and subsequently transported to Soviet Union where they are [Page 720] apparently detained in labor camps. The US Government realizes that under conditions prevailing in southern and eastern Europe during active military operations, many mistakes could have been made in checking the citizenship of persons arrested as enemy aliens. It is now known, however, that among those so arrested were persons who had adequate documentation as American citizens at time of their arrest.1
“Since November 1945 Embassy has reported over 100 such cases to the Ministry of Foreign Affairs without satisfactory results. The number of such cases is increasing. I am enclosing for your information a list of 59 of these individuals whose cases have been fully and carefully reviewed. This list gives names of persons concerned and numbers and dates of original notes from Embassy to Ministry covering each case. From evidence in possession of Embassy, there does not appear to be any question of validity of the claim of each of these individuals to American citizenship. Indeed, the first 12 persons listed were too young at time of their arrest by Soviet authorities to have expatriated themselves under American law. In spite of this fact, Soviet authorities have reported that 9 of these 12, as well as 21 of the remaining 47, were not American citizens but had citizenship of a country other than the Soviet Union or US.
“The American Government does not question right of Soviet Government to decide who is and who is not Soviet citizen. For same reasons my Government cannot admit right of any other government to say who is and who is not an American citizen. Consequently, statement from the Ministry of Foreign Affairs that person who claimed American citizenship was, according to the Soviet authorities, national of country other than US or Soviet Union cannot be accepted as satisfactory answer. In all such cases American Government takes the position that individual in question should either be released or should be allowed to appear before or be visited by an American consular officer in order that his American citizenship status may be determined. Such a procedure is not only in accord with principles of international law and usual and long-established custom between nations, but, as you are aware, was specifically agreed upon in exchange of letters dated November 16, 1933, between then President of the United States and the then Soviet Commissar for Foreign Affairs. In none of cases presented to the Ministry of Foreign Affairs by this Embassy of claimants to American citizenship who were arrested in southern and eastern Europe has there ever been any question of any criminal act against the Soviet Union.
[Page 721]“The protection of lives and liberties of its citizens abroad is an obligation so solemnly regarded by US that, as is well known, the President of US is required by law to report to Congress all facts and proceedings relative to American citizens who have been unjustly deprived of their liberty by authority of any foreign government.
“The inability of this Embassy to obtain a satisfactory reply to its representations in regard to the American citizens on the attached list, or to obtain their liberty, is a matter of the gravest concern to me and to my Goverment. For this reason, I bring their cases to your personal attention, and ask that they be speedily released.
“I take this opportunity, etc.”
It is obvious that if this approach is to be undertaken, it must, in absence of satisfactory reply from Molotov, be followed through. I propose, therefore, that, if in three weeks I receive no reply, I send a follow-up note. If within two weeks thereafter I still receive no reply, I shall inform Department, and I hope that full facts of cases will thereupon be released for publication.
Embassy will forward to Department by pouch full information on all these.
- Ambassador Smith had informed the Department of State in telegram 298 from Moscow on February 5, not printed, about the number of Americans present in the Soviet Union according to the records of the Embassy. There was a total of 174 persons on the Embassy, military, and naval staffs, and of American correspondents including dependents. A total of 99 persons were known whose American citizenship had been approved by the Department. There was on record “approximately 1500 cases of claimants to American citizenship of varied occupations mainly agricultural and generally from former Poland, Lithuania, Estonia, Latvia and Ruthenia.” The Embassy also had records on “approximately 220 cases of claimants to American citizenship who have been arrested and deported to Soviet Union for forced labor of whom about two-thirds appear to have valid claims. Before deportation these persons were residing principally in Poland, Rumania, Hungary, Czechoslovakia.” (138 USSR/651)↩