811.2361/7–848: Telegram
The Ambassador in the Soviet Union (Smith) to the Secretary of State
1278. Substance Embassy translation note received today from FonOff, in reply Embassy note May 25 re buzzing of Soviet ships, follows:1
“Soviet Government cannot agree with statement contained in note that flights of American planes over Soviet vessels do not create hindrances to commercial navigation. Appearance of planes over vessels, and at dangerous nearness to vessels, creates disquietude and alarm among passengers and crews of vessels, a situation which cannot fail to have a negative effect on commercial navigation.
“Reference of American Government to Moscow agreement of December 27, 1945 as justification for infringement by American [Page 900] planes of freedom of commercial navigation on high seas is groundless since indicated agreement treats only rights of Supreme Commander for implementation of condition of occupation and control over Japan and it contains nothing which could be interpreted as giving him such rights on high seas.
“Explanation of these flights as desire to prevent smuggling and illegal entry into Japan is also unconvincing, since it is practically impossible to verify from airplanes exactly what kind of passengers are aboard and for whom cargo on any given vessel is designated. Moreover, such control should not be effected on high seas.
“Soviet Government also cannot agree with statement contained in note to effect that flights of American planes over Soviet vessels serve interests of Soviet Government. On contrary, these flights do damage to interests of Soviet Union. Soviet Government sees no legal bases for these flights inasmuch as they take place on high seas and not in zone of occupation and are clearly arbitrary.
[“]In connection with above, Soviet Government reaffirms its protest against infringement by American planes of freedom of commercial navigation on high seas and insists on immediate cessation of these infringements.”
Department pass Tokyo 16.
- This was note No. 116 from the Ministry of Foreign Affairs dated July 7, 1948.↩