361.1115/7–1448: Telegram

The Ambassador in the Soviet Union (Smith) to the Secretary of State

confidential

1318. Proposed action re US citizens unable depart from USSR and US citizens held for forced labor in USSR is subject. Reference Embassy unnumbered despatch April 6 transmitting copies my letters to Vyshinski dated March 29 re this topic.1

As Department aware, Embassy has repeatedly taken up with Foreign Office question inability US citizen not documented as Soviets depart from USSR. I have written personal letters and have discussed problem with Vyshinski several times but to date no favorable action whatsoever has been forthcoming. Since further representations here would appear useless and even embarrassing, I suggest next step in handling this problem should be discussion between Department and Soviet Embassy Washington. Personal approach Secretary of State to Soviet Ambassador2 would be most effective and would undoubtedly impress Soviet Government our determination follow [Page 902] matter to conclusion. Department press release following such interview would also be desirable.3

I believe questions US citizens held for forced labor and US citizen children are matters which Embassy can usefully continue to press here.

Re first category, no action will be taken pending receipt Department’s instructions on possible exchange Soviet citizen prisoners US zone Germany for US citizen prisoners USSR as proposed Embassy despatch 355 April 17.4 Again urge approval this proposal.

If Department approves suggested approach Soviet Embassy Washington [,] Embassy will prepare complete background information and transmit via airpouch. Advise.5

Smith
  1. Not printed.
  2. Alexander Semenovich Panyushkin.
  3. A statement by Ernest A. Gross, the Legal Adviser for the Department of State and alternate United States representative to the third regular session of the General Assembly, was made in the Legal Committee (Committee 6) of that body on December 1, 1948, and was released to the press by the United States delegation on that day. In this statement Mr. Gross reviewed in detail the difficulties experienced for many years on these subjects with the Soviet Union. He declared that the United States delegation agreed in principle that “the acts of the Soviet Union in denying the right of the wives, both of diplomats and of foreign citizens, to depart from its territory violate the fundamental principles of the Charter” of the United Nations. For the text of this statement see Department of State Bulletin, December 26, 1948, pp. 798–801.
  4. In despatch 355, April 17, Ambassador Smith developed suggestions for the possible exchange of Soviet citizens who were serving prison terms in the United States zone of Germany for some of the American citizens being held in the Soviet Union, who had been unsuccessful in obtaining exit permits for return to the United States. The Ambassador hoped that this proposal might furnish a possible means of assistance to American citizens in their endeavors. He concluded his proposal with these observations: “Appeals on humanitarian grounds and statements of American citizenship have proven equally unavailing in the past. Increased anti-American feeling here makes it more urgent than ever that any person holding himself out here to be an American citizen be allowed to depart. I believe that every method consistent with our law and principles should be brought to bear on this problem, and I accordingly recommend that this suggestion be given the earliest possible consideration, and that it be approved unless there are objections strong enough to justify our neglecting this possible means of assistance to our own nationals now prevented from returning to the United States.” (361.1115/4–1748) During the year considerable thought was given to this possibility in Moscow, Berlin, and the Department of State.
  5. See instruction 122, July 30, to the Ambassador in the Soviet Union, p. 906.