711.61/5–2548
The American Embassy in the Soviet Union to the Soviet Ministry of Foreign Affairs 1
The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Union of Soviet Socialist Republics and, with reference to the Ministry’s notes No. 20 of January 30, 1948, No. 34 of March 4, 1948 and No. 44 of April 9, 1948,2 has the honor to state that a thorough investigation of the incidents cited in these notes has been conducted by the appropriate authorities of the United States Government.
Careful study has been given to the allegations of the Soviet Government that the activities of United States aircraft in these waters violate the freedom of commercial navigation. However, in no single one of the more than fifty cases to which objection has been made by the Soviet Government is there evidence, either in the Ministry’s notes or from the investigation undertaken by the American authorities, that the airplane or airplanes in question were in such an attitude or position, regardless of altitude, that they constituted any interference with commercial navigation.
The United States Government desires to point out that, in accordance with the Moscow Agreement of December 27, 1945,3 the Supreme [Page 875] Commander for the Allied Powers issues all orders for the occupation and control of Japan. In carrying out this responsibility, the Supreme Commander has used air, army and naval forces at his disposal to prevent smuggling and illegal entry into Japan. Effective measures to accomplish this mission must include surface and aerial surveillance of shipping in off-shore waters of the areas involved, as well as ground action on peripheral shores. Low flying within the limits of safety in conducting this off-shore patrol is absolutely necessary for recognition purposes. These activities serve the interests of the Soviet Government as well as those of the other nations concerned. The United States Government considers these activities legitimate and is unable to accept the Soviet contention that they constitute in any way a violation of the freedom of commercial shipping.
The Embassy desires further to inform the Soviet Government that American pilots have been instructed to avoid creating any hazard while carrying out their responsibilities under the orders of the Supreme Commander for the Allied Powers.
- The Chargé, Elbridge Durbrow, advised the Department in telegram 983 from Moscow on May 25 that this note had been delivered at 5 p. m. The copy was transmitted to the Department in despatch No. 441 from Moscow on May 25.↩
- None printed; but see footnote 1, p. 841.↩
- Foreign Relations, 1945, vol. ii, p. 815.↩