601.6111/4–1850
The Secretary of State to the Treasury Department 1
The Secretary of State acknowledges the receipt of two letters from the Treasury Department dated April 17, 1950 and April 18, 1950 on the subject of customs clearance of Soviet diplomatic couriers.2 In the letter of April 17, 1950 it was suggested that if the Department of State wished to have the inspection of personal baggage of diplomatic couriers waived, a formal recommendation should be made to that effect to the Treasury Department. It was also suggested that the Department of State notify the Treasury Department of the expected arrivals of Soviet couriers. In the letter of April 18, 1950 it was stated [Page 1188] that two Soviet couriers arrived in New York on April 17, 1950 and, although inspection of their personal baggage was waived, they were told to inform their Embassy that in the future the personal baggage of all Soviet couriers would be inspected.3
On April 21, 1950 a representative of the Soviet Embassy was informed by an officer of the Department of State that the matter of customs clearance of Soviet diplomatic couriers is still under consideration. In accordance with the Treasury Department’s suggestion the Soviet representative was advised that, in the meantime, the possibility of delay to Soviet couriers upon arrival in the United States, could be minimized if the Soviet Embassy would give prior notification to the Department of State of each anticipated courier arrival. This information will be transmitted to the Treasury Department, upon receipt, in order that it may be sent to the Customs officials at the appropriate port of entry.
The Department of State, however, suggests that difficulty may be encountered in the application of this system of notification. It is quite likely that in certain instances the Soviet Embassy would not receive information regarding the arrival of couriers early enough for notification to be transmitted to the port of entry prior to the arrival there of the couriers in question. Since the end of the war it has become the Soviet custom for Soviet couriers to travel almost invariably by airplane. The Department of State appreciates the difficulties involved for Customs authorities in assessing the relative importance of incoming official travelers in the absence of specific advance notification of their arrival. In view of the possibility that the desired advance notification may not be received at the port of entry in due time in connection with the travel of Soviet diplomatic couriers, the Department will be grateful if Customs officials at the port of entry will continue to employ whatever information is available including advance telegraphic airplane passenger lists in order to assure that Soviet diplomatic couriers are not delayed in completing customs formalities.
As was pointed out in the Department of State’s letter of March 10 [16], 1950, (File No. S/S–PR 411.61231/2–2850), a representative of the Soviet Embassy had intimated that the Soviet Government would take retaliatory measures if the inspection of the personal baggage of Soviet couriers should continue. The American Legation at Helsinki has now reported that on April 27, 1950 Soviet Customs officials subjected the personal baggage of American diplomatic couriers to a [Page 1189] thorough inspection.4 The Legation notes that this constitutes a sharp change in the Soviet Customs treatment of American diplomatic couriers which, heretofore, had been most expeditious. The Soviet tactics of delay and interference are well known and will, if employed in relation to our diplomatic couriers servicing our Embassy at Moscow, constitute a serious detriment to the communications between this important diplomatic mission and the Department of State. The possibility also exists that if such a precedent for courier treatment should be established in the USSR, the practice would be extended to the satellite countries. The Department of State is desirous of assuring that its lines of secure communication through courier mail shall not be interrupted as the result of Eastern European efforts toward retaliation in the customs clearance of American couriers.
It is therefore recommended that the personal baggage of all incoming professional couriers bearing diplomatic passports be exempted from customs inspection. It is not felt this practice will have a harmful effect on our national security. If at some time in the future it should be considered that the waiver is prejudicial to the national interests, the Department of State will be prepared to reconsider its recommendation.
The Secretary of State would appreciate the cooperation of the Treasury Department and its representatives at the ports of entry in conducting the clearance of diplomatic couriers, with particular reference to those of Eastern European countries, in such a way as to obviate the possibility of retaliatory restrictions and hindrances to United States diplomatic courier operations abroad.5
- An annotation at the end of this letter reads: “Urgent—by messenger.”↩
- Neither printed.↩
- A quotation in this letter from the report of April 17 from the Collector of Customs of the Fort of New York explained that “Russian couriers arrive on an average of every two weeks and in the absence of further and contrary instructions we propose to examine the personal baggage of the next Russian couriers to arrive, because I fear that a second waiver would, regardless of any verbal statement, be considered as establishing a precedent.” (601.6111/4–1850).↩
- Telegram 200 from Helsinki on April 28 is not printed. It noted that this occasion was the “first time our couriers have been subjected [to] inspection by Soviets,” whereas heretofore their treatment had been “exemplary in comparison Customs most other countries.” (116.32/4–2850) The Embassy in the Soviet Union in telegram 1254 on April 29, not printed, also reported the thorough inspection of the personal baggage of the couriers and inquired whether the Treasury Department had instructed the customs officials in New York not to make examinations as it had strongly recommended in telegram 730 on March 2. (116.32/4–2950)↩
- The Department of State advised the Embassy in the Soviet Union by telegram 369 on May 2, not printed, that it was formally requesting the Treasury Department to grant exemption from customs examination of all professional diplomatic couriers who possessed diplomatic passports. It had not yet replied to the complaints of the Embassy of the Soviet Union and would delay a few more days until the matter of the exemption of the personal baggage of couriers had been resolved. (116.32/4–2950) In telegram 1287 from Moscow on May 5 the Embassy expressed its gratitude for the efforts to obtain the reciprocal exemption from examination of couriers. Another inspection incident affecting United States couriers on April 29 was reported. The Embassy declared that it felt that the “importance this matter transcends purely administrative considerations in that, in light current difficulties we are experiencing in connection general status diplomatic representation behind curtain, any US derogation from complete immunity for diplomatic officials, couriers or otherwise, can have serious consequences if seized upon by Soviets, etc., to further their obstructive tactics under guise reciprocity.” (116.32/5–550)↩