361.1121/6–947: Telegram

The Secretary of State to the Embassy in the Soviet Union

secret

1523. Your despatches 1369 June 9 1173 Apr 23 etc. re protection Am citizens forcibly detained Sov Union.

Dept appreciates Emb problems this situation. Since Dept has inadequate records on most these individuals and in many cases their present detention Sov Union is first time they have come Dept’s attention, it is consequently impossible make any categorical statement concerning their citizenship status under existing citizenship laws. Dept investigating individual cases and will furnish additional citizenship information wherever possible. Appropriate missions likewise being requested make investigation and report to you.1

For those persons whose claim Am citizenship appears doubtful Dept approves your approach in requesting Am consular officer interview them. Only this way can final opinion be reached on Am citizenship status. Your action requesting immediate release those whose Am citizenship does not appear in doubt is also approved.

Every effort will be made give Emb evidence presence Sov territory or seizure by Sov authorities persons whose presence is presently denied by Sov FonOff. In view possible consequences to persons from whom this evidence obtained Dept leaves your discretion use you may wish make of it. Sov authorities should be requested state what happened to such persons not only for humanitarian considerations involved but for legal reasons case of death.

Dept will forward names claimants Am citizenship who served enemy armies for Emb information only and agrees, unless there are exceptional circumstances of which the Embassy will be informed such cases should not be presented FonOff.

In replying Vyshinski’s letter (Embtel 1988 June 3) on claimants Am citizenship deported Sov Union believe it advisable you point out no assertion was made such persons have established Am citizenship but since Sov officials have been and are granted permission interview alleged Sov citizens, reciprocal rights were requested for Am consular officer examine claimants Am citizenship. Dept of opinion exchange of letters dated Nov 16 1933 does apply these cases. Even if individuals concerned have citizenship other than Am or Soviet, Am citizenship may not be affected thereby and Am consular [Page 735] officer’s right under this exchange of letters interview claimants Am citizenship is not invalidated.

Foregoing prepared before receipt Embtel 2505 July 25 which will be answered promptly.

Marshall
  1. A circular telegram: was sent at this same time to the Embassies in Moscow, Belgrade, Warsaw, and Prague; to the Legation in Budapest; and to the American Representatives in Bucharest and Sofia. Any additional evidence on citizenship status or on seizure and deportation by Soviet authorities that could possibly be obtained was to be sent both to the Department and to the Embassy in Moscow. (361.1121/7–2847)