361.1115/3–1149: Airgram
The Chargé in the Soviet Union (Kohler) to the Secretary of State
A–251. Reference Berlin’s A–126, February 12 [18], 1949, to Department, tenor of Dratvin letter suggests possible Soviet intention to publish for propaganda effect. In view disregard and distortion of fact contained in Soviet letter, Embassy believes that for the record and for possible propaganda purposes, it would be advisable to reply.
Such reply, after noting that Dratvin’s letter is entirely at variance with the facts, should emphasize that all Soviet citizens in the American zone who did not themselves refuse repatriation have been repatriated, and any who in the future express a desire for repatriation will be repatriated in compliance with the agreement between the U.S. and Soviet governments in this matter, with the exception of persons serving sentences for criminal offenses of which they have been duly and legally convicted. Specific exception of such persons by repatriation agreement might then be cited.
[Page 589]With reference to U.S. citizens in U.S.S.R. letter might include following:
“As your government has been repeatedly informed by the American Embassy in Moscow, it has in no way been established, as you claim, that the persons in question under detention in the U.S.S.R. are not American citizens. In most of these cases your government merely has alleged that these persons are citizens of a third state, and in addition that they are of German racial origin.
In these cases, as your government is aware, any additional citizenship allegedly acquired in no way involved the loss of American citizenship under American law. Furthermore, in several cases, competent officials of the third government concerned have stated that these persons do not possess the alleged citizenship. As your government should also be aware, the citizenship of these persons is not affected by their racial origin. The Soviet Ministry of Foreign Affairs has never made adequate response to the American Embassy’s representations in this matter.1
The United States Government will continue to fulfill its obligations under the repatriation agreement, but I repeat that it is not disposed to discuss the continued release of Soviet citizens under criminal sentence in view of the continued detention of its own citizens, who, so far as can be determined, have been neither formally accused nor legally convicted of any crime, by a government which has never itself bothered to justify their arrest.”
Such a reply would leave open the question of further negotiations and serve notice of the seriousness of United States intentions in this matter. If Soviet Government is already determined not to release U.S. citizens in question it can do no further harm, and if Soviet Government intends to propagandize the situation, our reply should expose arbitrary and illegal nature of Soviet position, and could be supported by press release material in Embassy’s despatch No. 856 of December 21, 1948.2
- On the following day in airgram A–252 the Embassy made this further statement: “In conclusion Embassy notes that approximately one year has passed since Ambassador Smith approached Mr. Vyshinski re problem here under consideration. During this period not one citizen mentioned in the Ambassador’s letters has received permission depart U.S.S.R. … the Foreign Ministry has not even acknowledged Embassy notes disputing Soviet assertions concerning acquisition of citizenship of USSR on grounds which appear both illogical and arbitrary. In view this record and recent controversy re Soviet Repatriation Mission Embassy sees no possibility foreseeable future any change Soviet policy and must, for all practical purposes, confess complete lack real effectiveness this area its responsibilities.” (361.1115/3–1249) The Repatriation Mission of the Soviet Union within the American zone of Germany had had its accreditation withdrawn and its activities terminated by March 1, 1949.↩
- A lengthy despatch, not printed, which treated the propaganda aspects of the proposed exchange of prisoners between the United States and the Soviet Union.↩