461.11/867: Telegram

The Chargé in the Soviet Union ( Thurston ) to the Secretary of State

502. On April 26 the Commissariat for Foreign Affairs addressed a note to this Embassy transmitting a copy of an “instruction” issued by the Commissariat for Justice on February 28, 1940, “on the subject of claims connected with the nationalization of foreign properties in the territories of western Ukrainia and of western White Russia.” The note remarked that this “instruction” has been approved by the Soviet of People’s Commissars of the U. S. S. R.

[Page 198]

The “instruction” reads as follows in the English translation:45

“In connection with the presentation of claims, in reference to the nationalization of foreign properties in the territories of Western Ukraine and of Western White Russia, by individual foreigners to organs of justice of the U. S. S. R., the People’s Commissariat for Justice of the U. S. S. R. instructs the local organs of justice to be guided by the following:

1. The measures nationalizing estate owners’ land, banks and large industries in the territories of Western Ukraine and of Western White Russia were approved and proclaimed by decisions of October 28 and 30, 1939 of the National Assemblies of Western Ukraine and [of] Western White Russia.

The said measures were carried out in the territories of Western Ukraine and Western White Russia prior to the incorporation of Western Ukraine and Western White Russia into the U. S. S. R.,46 and were carried out not by central or local organs of state authority or of the state administration of the U. S. S. R., but by authoritative organs established by the sovereign peoples of Western Ukraine and [of] Western White Russia.

Thus, there are no bases for the presentation of said claims to the Union of Soviet Socialist Republics or to its organs.

2. The fact, that the property for which said claims are presented is at present at the disposition of the organs of the U. S. S. R., also imposes no responsibility upon the U. S. S. R. in regard to the former owners who have lost all right to this property by virtue of its nationalization by the sovereign peoples of Western Ukraine and Western White Russia as represented by the authoritative organs established by them, from whom this property, as nationalized and [consequently] as state property has legally been transferred to the U.S.S.R.”

The Embassy has not acknowledged the receipt of the note above referred to and will not do so unless so instructed by the Department.47

Since the seizure of Eastern Poland by the Soviet Union, the Embassy has addressed several notes to the Commissariat for Foreign Affairs requesting protection of property in that area in which American interests are involved or the return of American owned property believed to have been taken over by the Soviet authorities. With the exception of those concerning certain motion picture films which apparently are to be surrendered to the Embassy all such notes have been disregarded.

It was my intention to report the foregoing by despatch but have learned today that the United Press correspondent has been informed of the “instruction” above cited and is preparing to file a story regarding [Page 199] it. I have decided therefore to submit this cable so that the Department will be informed.

Thurston
  1. Telegraphed translation has been slightly revised in accordance with translation sent by the Chargé in his covering despatch No. 455, May 9, not printed.
  2. See telegram No. 826, October 28, 1939, 4 p.m., from the Ambassador in the Soviet Union, and footnote 83, Foreign Relations, The Soviet Union, 1933–1939, p. 785.
  3. See Department’s telegram No. 276, May 16, 6 p.m., p. 201.