CONSULAR CONVENTION BETWEEN THE GOVERNMENT OF THE USA AND THE GOVERNMENT OF THE USSR

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP70B00338R000300050019-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 19, 2016
• Document Release Date: October 28, 2005
• Sequence Number: 19
• Publication Date: March 7, 1967
• Content Type: OPEN

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March 7, 1967 CONGRESSIONAL RECORD - SENATE
S 3315
in a host of fields including administrative constitutional, and technical guidelines (4) "Consular officer"-means any person,
law, admiralty and maritime law, air law, within which statutory law functions. including the head of the consular establish-
radio law, bankruptcy, criminal law, insur- The range of subjects and the variety of ment, entrusted with the exercise of consular in the anon law, judicial , procedure, trade- upon Ito which
legion. lawyers
They are of Aofficerlso
are persons assignedi to
mark, tenure, mineral ral law, patent, mark, and copyright law, public utility law, commercial and labor interests forcefully the consular establishment for training in
constitutional law and rights of citizens, and and honorably. They appear on behalf of the consular service.
taxation. volunteer citizen organizations seeking the (5) "Employee of the consular establish-
Since 1936, the association has expanded passage of a worthwhile bill. They represent ment"-means any person performing ad-
its committee system and intensified its edu- individual clients with claims on society's ministrative, technical, or service functions
cational activities. Among its many stand- compassion. They speak for their bar associ- in a consular OF establishment.
ESTABLISHMENTS, AP-
of committees today are those on the Bill ations in attempts to remedy defects in laws OPENING of Rights, Federal legislation, legal assistance revealed by experience or decisions, or to POINTMENT OF CONSULAR OFFICERS AND
for servicemen, and peace and law through press for some reform with which the legal EMPLOYEES
the United Nations. Special committees in- profession is deeply concerned. Article 2
clude atomic energy law, civil rights and Lobbying is a challenging and rewarding 1. A consular establishment may be opened
racial unrest, code of Federal administrative function of the lawyer. It demands a full in the territory of the receiving state only
procedure, committee to cooperate with panoply of skills and talents associated in with that state's consent.
Cuban lawyers in exile, association program large part with his experience and training. 2. The location of a consular establish-
for lawyers in Government, and a special It involves him in direct participation in the ment and the limits of its consular district
committee to cooperate with the Kefauver workings of the democratic legislative will be determined by agreement between
investigation of interstate crime in 1950-51. process. It reaches the heights of satisfac- the sending and receiving states.
Reports and recommendations have dealt tion when a statute, enacted through his 3. Prior to the appointment of a head of a
with such subjects as procedures sometimes efforts, benefits not only his client, but the consular establishment, the sending state
employed by congressional committees in people of the Nation-as well. shall obtain the approval of the receiving
derogation of the rights of individuals, the state to such an appointment through diplo-
evacuation of American citizens of Japanese matic channels.
ancestry from military areas, effectual exer- EXECUTIVE SESSION 4. The diplomatic mission of the sending
cise of the right to the writ of habeas corpus, Mr. MANSFIELD. Mr. President, I state shall transmit to the foreign affairs
rights of the mentally ill, and amendment ask unanimous consent that the Senate ministry of the receiving state a consular
of the Federal rules of procedure. commission which shall contain the full
The association has sponsored or supported proceed to consider executive business, name of the`head of the consular establish-
such landmark proposals as the Administra- for the purpose of considering Executive ment, his citizenship, his class, the consular
tive Procedure Act, the Self-Employed In- Calendar No. 11, Executive D, 88th Con- district assigned to him, and the seat of the
dividuals Tax Retirement Act, and the con- gress. consular establishment.
stitutional amendment relating to presiden- The PRESIDING OFFICER. Without 5. A head of a consular establishment may
tial inability and vice-presidential vacancy. objection, it is so rdereii. enter upon the exercise of his duties only
It has participated vigorously in support of a 10 after having been recognized in this capacity
public defender act, legislation clarifying ac- by the receiving state. Such recognition after
cession to public information, conflict of in- ONSULAR CONVENTION BETWEEN the presentation of the commission shall
terest amendments, and relief of court con- THE GOVERNMENT OF THE be in the form of a exequatur or in another
gestion through enlarging the Federal ju- UNITED STATES OF AMERICA AND form and shall be free of charge.
dicial system. 6. The full name, function and class of
The association's lobbying activities, how- THE GOVERNMENT OF THE UNION all consular officers other than the head of
ever, extend far beyond professional evalua- OF SOVIET SOCIALIST REPUBLICS a consular establishment, and the full name
tion of Federal legislative proppsals. In many MANSFIELD. Mr. President, I and function of employees of the consular
respects it is an educational organization en- Mr. establishment shall be notified in advance by
couraging and promoting creative develop- ask unanimous consent that the Senate the sending state to the receiving state.
meets in the law. Two of its offshoots are proceed to the consideration of Execu- The receiving state shall issue to each con-
the loci of such efforts. One such is the Na- five D, 88th Congress, and that it be laid sular officer an appropriate document con-
tional Conference of..Commissioners on Uni- before the Senate, so that it may become firming his right to carry out consular func-
form State Laws which drafts statutes de- the pending business. tions in the territory of the receiving state.
signed to eliminate chaotic divergencies The PRESIDING OFFICER. Without 7. The receiving state may at any time,
laws. among wtate Institute The second is the Ameri- objection, the Senate will proceed to the and without having to explain its decision,
can Law Institute concerned with roseate- consideration of Executive D, 88th Con- notify the sending state through diplomatic
meets of law designed to produce produce order in channels that any consular officer is persona
judge-made law by criticism and collection gross on the executive calendar. non grata or that any employee of the con-
of the water of conflicting decisions across The Senate, as in Committee of the sular establishment is unacceptable. In such
the Nation. Whole, proceeded to consider Executive a case the sending state shall accordingly re-
Perhaps the most important educational D, 88th Congress, the Consular Conven- call such officer or employee of the consular
function of the association, at least as re- tion with the U.S.S.R., which was read establishment. If the sending state refuses
pects the public at large, is its continuous the second time, as follows: or fails within a reasonable time to carry
program of production of materials and in- CONSULAR CONVENTION BETWEEN THE Gov- out its obligations under the present para-
exn meaning about the Constitution and the ERNMENT OF THE UNITED STATES of graph, the receiving state may refuse to rec-
g and and place of law in our ur sy stem. Law AMERICA AND THE GOVERNMENT OF THE ognize the officer or employee concerned as a
day which is now celebrated throughout the UNION OF SOVIET SOCIALIST REPUBLICS member of the consular establishment.
Nation, her instance, is ate brainchild of 8. With the exception of members of the
Union n staff of the diplomatic mission of the send-
one les S. tS. Rhyne. association's past presidents, Mr. The America and the Government of GovernthemIIent t of o f the States
tide 1 o state, Y the as Vienna defined in paragraph
Truly, (c) of Ar-
on of Ar-
Diplo-
Truly, the American Bar Association is one of Soviet Socialist Republics, lag
of the country's outstanding lobbying or- Desiring to cooperate in strengthening tide Relations, f t V no nConvention ending
ganizations. In working on its committees friendly relations and to regulate consular matic oreceiving the
state
and participating in its activities, attorneys relations between both states, state tween bo
tr orhereto emplmay oyee be ra poi ted as asa
meaning of the term. _ vention and for this purpose have agreed on establishment.
The law and lobbying are naturally cor- the following: Article 3
relative activities. Despite some of the DEFINITIONS
Article 1 Consular officers may be nationals only of
'abuses that have been heaped upon it, the the sending state.
lobbying' process is an essential component For the purpose of the present Conven- Article 4
of American Government. It works success- tion, the terms introduced hereunder have The receiving state shall take the neces-
eas on many occasions for numerous the following meaning:
reasons not least of all being the fact that (1) "Consular establishment"-means any eery may, mcarryeasures out in his order d that that a and enjconsular oy officer
the
those most fully engaged in it are lawyers. consulate general, consulate, vice consulate rights, privileges, and ties ads oy t the
The legislative process as we practice it or consular agency; rig in the pages, d immuni and o the
could not function without lawyers, for they. (2) "Consular district"-means the area laws of the receiving state.
more than any other group in our society, assigned to a consular establishment for the Article 5
fully understand the democratic legislative exercise of consular functions;
process and the many requirements incident (3) "Head of consular establishment"- 1. The receiving state shall either facili-
"to,t'hg preparation and passage of legislation. means a consul general, consul, vice consul, tate the acquisition an its territory, in ac-
O.ui society is almost totally dependent upon or consular agent directing the consular es- cordance with its laws and regulations, by
attorneys for the procedural, administrative, tablishment; the sending state of premises necessary for
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S 3316 CONGRESSIONAL RECORD - SENATE
Its consular establishment or assist the lat- by him with his official seal affixed, shall be
ter in, obtaining accommodation in some receivable in evidence in the receiving state
other way. as official or officially certified acts, docu-
2. xt shgli also, where necessary, assist the ments, copies, translations, or extracts, and
sending state in obtaining suitable accom- shall have the same force and effect as
modation for the personnel of its consular though they were drawn up or certified by
establishment, the competent authorities or officials of the
Article 6 receiving state; provided that such docu-
1. If the head of the consular establish- ments shall have been drawn and executed
ment cannot carry out his functions or if the in conformity with the laws and regulations
position of head of a consular establishment of the country where they are designed to
is vacant, the sending state may empower take effect.
a consular officer of the. same or another con- 2. The acts, documents, copies, transla-
sular establishment, or one of the members tions, or extracts, enumerated in paragraph
of the diplomatic staff of its diplomatic mis- 1 of the present Article shall be authenti-
slon in the receiving state, to act temporarily cated if required by the laws of the receiv-
as head of the consular, establishment. The ing state when they are presented to the
full name of this person must be transmitted authorities of the receiving state.
in advance to the foreign affairs ministry of Article 9
the receiving state, 2 If the relevant information is available
rary . A head of person empowered to act as tempo- to the competent authorities of the receiv-
e consular establishment shall i
t
t
ng s
a
e, such authorities shall inform the
enjoy the rights, privileges, and immunities consular establishment of the death of a
of the head of the consularestablishment_ !OT-1- - ____ . .
of paragraph 1 of the present Article, a mem- Article 10
ber of the diplomatic staff of the diplomatic 1. In the case of the death of a national
mission of the sending state in the receiving of the sending state in the territory of the
state is designated by the sending state as an receiving state, without leaving in the ter-
acting head of the consular. establishment, ritory of his decease any known heir or testa-
he shall continue to enjoy diplomatic privi- mentary executor, the appropriate local au-
leges and immunities, thorities, of the receiving state shall as
oorrstTi as Furicxiorrs promptly as possible inform.a consular ofti-
Arttclee 7 cer of the sending
state.
w+#. G G11L141G,w .. may, within ' he discretion of the appropriate
his c
onsular district to perform the follow- judicial authorities and if permissible under
ing functions, and for this purpose may ap- then existing applicable local. law in the
Ply orally or in writing to the competent receiving state:
authorities of the consular district: (a) take provisional custody of the per-
(1) To protect the rights and interests of sonal property left by a deceased national
the sending state and its nationals, both in- of the sending state, provided that the dece-
dividuals and bodies corporate; dent shall have left in the receiving state no
(2) To further the development of som- heir or testamentary executor appointed by
mercial, economic, cultural and scientific the decedent to take care of his personal
relations between the sending state and the estate; provided that such provisional cus-
receiving state and otherwise promote the tpdy shall be relinquished to a duly ap-
t9evelopment of friendly relations between pointed administrator;
them;
h(3) To register nationals of the sending (b) administer the estate of a deceased
state, to issue or amend national of the sending state who is not a
passports and other resident of the receiving state at the time
Certificates of identity, and also to issue of his death, who leaves no testamentary
entry, exit, and transit visas; executor, and who leaves in the receiving
(4) To draw up and record certificates of state no heir, provided that if authorized
birth and death of citizens of the sending to administer the estate, the consular officer
state taking place in the receiving state, to shall relinquish such administration upon
record marriages and divorces, if both per- the appointment of another administrator;
sons entering into marriage or divorce are (c) represent the interests of a national
citizens of the, sending state, and also to of the sending state in an estate in the re-
receive such declarations pertaining to fam- ceiving state, provided that such national
fly relationships of a national of the send- is not a resident of the receiving state, un-
ing state as may be required under the law less or until such national is otherwise rep-
less prohibited by resented: provided, however, that nothing
the the ws n ing restate, ceiving unstate;
(5) To draw up, certify, attest, authenti- ham shall authorize a consular officer to
cate, legalize and take other actions which ser et as Unless prohibited alaw.
might be necessary to validate any act or officer may, by law, a consular
document of a legal character, as well as agency, ay, within in the k discretion
making distribution, the court,
copies thereof, including commercial docu- ceive agencfor or transmission making ree
-inents, declarations, registrations, testa- sending state to a resident of the
the
3nentary dispositions, and contracts, upon receiving state who
any is not money a or esipnt proaeof e
y -
the application of a national of the sending which such national entitled as a co
state, when such document is intended for of the death deao person, in-
use outside the territory of the receiving cludinins shares in a a of another parts made
when such eludg shares estate, payments made
state, and also for any person
,
document is intended for use in the tern- pursuant to workmen's compensation laws, vance, the competent authorities of the re-
toru of the sending state; pension and social benefits systems in gen- ceiving state shall inform him as soon as
(6) To eral, and proceeds of insurance policies. Possible thereafter of the action taken.
translate any acts and documents
into the English The court, agency, or person making dis- 4. Paragraph, 3 of this Article shall not
and Russian languages and tribution may require that a consular officer apply to customs, passport, and sanitary in-
to certify to the accuracy of the translations; comply with conditions laid down with re- spections, or to action taken at the request
(7) To perform other official consular func- gard to: (a) presenting a power of attorney or with the approval of the master of the
tions entrusted to him by the sending state or other authorization from such nonresident vessel.
if they are not contrary to the laws of the national, (b) furnishing reasonable evidence 5. The term "ve;ssel", as used in the pres-
receiving state. of the receipt of such money or property by ent Convention, does not include warships.
Article 8 such national, and (c) returning the money Article 14
1. The acts and documents specified
don- oor ap oppeer evithe e event he is unable to fur- If a vessel sailing under the flag of the
paragra h 5 of Article 7 of the ps sending state; suffers shipwreck, runs
vention which are drawn up or certified by 4. Whenever a consular officer shall per- aground, is swept ashore, or suffers any other
the consular officer with his official seal ai- form the functions referred to in paragraphs accident whatever within the territorial lim-
3xed, as well as copies, extracts, and trans- 2 and 3 of this Article, he shall be subject, its of the receiving state, the competent au-
lations oY such acts and documents certified with respect to the exercise of such ;uric- thorities of the eceiving state shall immedi-
March 7, 1967
tions, to the laws of the receiving state and
to the civil jurisdiction of the judicial and
administrative authorities of the receiving
state in the 'same manner and to the same
extent as a national of the receiving state.
Article 11
A consular' officer may recommend to the
courts or to !Other competent authorities of
the receiving state appropriate persons to act
in the capacity of guardians or trustees for
citizens of the sending state or for the prop-
erty of such'citizens when this property is
left without supervision.
In the event that the court or competent
authorities consider that the recommended
candidate is for some reason unacceptable,
the consula' officer may propose a new
candidate.
Article 12
1. A consular officer shall have the right
within his district to meet with, communi-
cate with, assist, and advise any national of
the sending state and, where necessary, ar-
range for legal assistance for him. The re-
ceiving state ` shall in no way restrict the
access of nationals of the sending state to
its consular establishments.
2. The appropriate authorities of the re-
ceiving state shall immediately inform a
consular officer of the sending state about
the arrest or, detention In other form of a
national of t4e s .ending state.
3. A consullr officer of thesending state
shall have the right without delay to visit
and communicate with a national of the
sending state; who is under arrest or other-
wise detained in custody or is serving a
sentence of imprisonment. The rights re-
ferred to in this paragraph shall be exercised
In conformity with the laws and regulations
of the receiving state, subject to the proviso,
however, that the said laws and regulations
must not nullify these rights.
Article 13
1. A consular officer may provide aid and
.assistance to vessels sailing under the flag
of the sending state which have entered a
port in his consular district.
2. Without prejudice to the powers of the
receiving state, a consular officer may con-
duct investigations into any incidents which
occurred during the voyage on vessels sailing
under the flag of the sending state, and may
settle disputes; of any kind between the mas-
ter, the officers and the seamen insofar as
this may be authorized by thelaws of the
sending state. A consular officer may re-
quest the assistance of the competent au-
thorities of the receiving state in the per-
formance of such duties.
3. In the event that the courts or other
competent authorities of the receiving state
intend to take'any coercive action on vessels
sailing under the flag of the sending state
while they are located in the waters of the
receiving state, the competent authorities
of the receiving state shall, unless it is im-
practical to do: so in view of the urgency of
the matter, inform a consular officer of the
sending state prior to initiating such actions
so that the consular officer may be present
when the action is taken. Whenever it is
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March 7, 1967 CONGRESSIONAL RECORD - SENATE
ately inform a consular officer and advise
him of the measures which they have taken
to rescue persons, vessel, and cargo.
The consular officer may provide all kinds
of assistance to such a vessel, the members
of its crew, and its passengers, as well as take
measures in connection with the preserva-
tion of the cargo and repair of the ship, or
he may request the authorities of the re-
ceiving state to take such measures.
The competent authorities of the receiving
state shall render the necessary assistance
to the consular officer In measures taken by
him in connection with the accident to the
vessel.
No customs duties shall be levied against
a wrecked vessel, its cargo or stores, in the
territory of the receiving state, unless they
are delivered for use in that state.
If the owner or anyone authorized to act
for him is unable to make necessary arrange-
ments in connection with the vessel or its
cargo, the consular officer may make such
arrangements. The consular officer may
under similar circumstances make arrange-
ments in connection with cargo owned by
the sending state or any of its nationals and
found or brought into port from a wrecked
vessel sailing under the flag of any state
except a vessel of the receiving state.
Article 15
Articles 13 and 14, respectively, shall also
apply to aircraft.
RIGHTS, PRIVILEGES AND IMMUNITIES
Article 16
The national flag, of the sending state and
the consular flag may be flown at the con-
sular establishment, at the residence of the
head of the consular establishment, and on
his means of transport used by him in the
performance of his official duties. The shield
with the national coat-of-arms of the send-
ing state and the name of the establishment
may also be affixed on the building in which
the consular establishment is located.
Article 17
The consular archives shall be inviolable
at all times and wherever they may be. Un-
officiai papers shall not be kept in the con-
sular archives.
The buildings or parts of buildings and the
land ancillary thereto, used for the purposes
of the consular establishment and the resi-
dence of the head of the consular establish-
ment, shall be inviolable.
The police and other authorities of the
receiving state may not enter the building
or that part of the building which is used
for the purposes of the consular establish-
ment or the residence of the head of the
consular establishment without the consent
of the head thereof, persons appointed by
him, or the head of the diplomatic mission
of the sending state.
Article 18
1. The consular establishment shall have
the right to communicate with its Govern-
ment, with the diplomatic mission and the
consular establishments of the sending state
in the receiving state, or with other diplo-
matic missions and consular establishments
of the sending state, making use of all ordi-
nary means of communication. In such
communications, the consular establishment
shall have the right to use code, diplomatic
couriers, and the diplomatic. pouch. The
ss;iiie "fees shall apply to consular establish-
ments in the use of ordinary means of com-
munication as apply to the diplomatic mis-
sion of the sending state.
2. The official correspondence of a con-
sular establishment, regardless of what
means of communication are used, and the
sealed diplomatic pouch bearing visible ex-
terria; ll1 rlls. of its, ofi7.cia1 character, shall be
tnvio.I 'b1 and not subject to examination or
detention by the authorities of the receiving
state,
Article 19
1. Consular officers shall not be subject to
the jurisdiction of the receiving state in mat-
ters relating to their official activity. The
same applies to employees of the consular
establishment, if they are nationals of the
sending state.
2. Consular officers and employees of the
consular establishment who are nationals of
the sending state shall enjoy immunity from
the criminal jurisdiction of the receiving
state.
3. This immunity from the criminal juris-
diction of the receiving state of consular
officers and employees of the consular estab-
lishment of the sending state may be waived
by the sending state. Waiver must always
be express.
Article 20
1. Consular officers and employees of the
consular establishment, on the invitation of
a court of the receiving state, shall appear in
court for witness testimony. Taking meas-
ures' Eo compel a consular officer or an em-
ployee of the consular establishment who is
a national of the sending state to appear in
court as a witness and to give witness testi-
mony is not permissible.
2. If a consular officer or an employee of
the consular establishment who is a national
of the sending state for official reasons or for
reasons considered valid according to the
laws of the receiving state cannot appear in
court, he shall inform the court thereof and
give witness testimony on the premises of
the consular establishment or in his own
abode.
3. Whenever under the laws of the receiv-
ing state an oath is required to be taken in
court by consular officers and employees of
the consular establishment, an affirmation
shall be accepted in lieu thereof.
4. Consular officers and employees of the
consular establishment may refuse to give
witness testimony on facts relating to their
official activity.
5. The provisions of paragraphs 1, 2, 3, and
4 shall also apply to the proceedings con-
ducted by administrative authorities.
Article 21
1. Immovable property, situated in the
territory of the receiving state, of which the
sending state or one or more persons acting
in its behalf is the owner or lessee and which
is used for diplomatic or consular purposes,
Including residences for personnel attached
to the diplomatic and consular establish-
ments, shall be exempt from taxation of any
kind imposed by the receiving state or any
of its states or local governments other than
such as represent payments for specific serv-
ices rendered.
2. The exemption from taxation referred to
in paragraph 1 of this Article shall not apply
to such charges, duties, and taxes if, under
the law of the receiving state, they are pay-
able by the person who contracted with the
sending state or with the person acting on
its behalf.
Article 22
A consular officer or employee of a consular
establishment, who is not a national of the
receiving state and who does not have the
status in the receiving state of an alien law-
fully admitted for permanent residence, shall
be exempt from the payment of all taxes or
similar charges of any kind imposed by the
receiving state or any of its states or local
governments on official emoluments, salaries,
wages, or allowances received by such officer
or employee from the sending state in con-
nection with the discharge of his official
functions.
Article 23
1. A consular officer or employee of a con-
sular establishment who is not a national of
the receiving state and who does not have the
status In the receiving state of an alien law-
S 3317
fully admitted for permanent residence,
shall, except as provided in paragraph 2 of
this Article, be exempt from the payment of
all taxes or similar charges of any kind im-
posed by the receiving state or any of its
states or local governments, for the payment
of which the officer or employee of the con-
sular establishment would otherwise be
legally liable.
2. The exemption from taxes or charges
provided in paragraph 1 of this Article does
not apply in respect to taxes or charges upon:
(a) The acquisition or possession of private
immovable property located in the receiving
state if the persons referred to in paragraph
1 of this Article do not own or lease this
property on the behalf of the sending state
for the purposes of the consular establish-
ment;
(b) Income received from sources in the
receiving state other than as described in
Article 22 of the present Convention;
(c) The transfer by gift of property in the
receiving state;
(d) The transfer at death, including by
inheritance, of property In the receiving
state.
3. However, the exemption from taxes or
similar charges provided in paragraph 1 of
this Article, applies in respect to movable
inherited property left after the death of a
consular officer or employee of the consular
establishment or a member of his family re-
siding with him if they are not nationals of
the receiving state or aliens lawfully ad-
mitted for permanent residence, and if the
property was located in the receiving state
exclusively in connection with the sojourn
in this state of the deceased as a consular
officer or employee of the consular establish-
ment or member of his family residing with
him.
Article 24
A consular officer or employee of a consular
establishment and members of his family
residing with him who are not nationals of
the receiving state and who do not have the
status in the receiving state of aliens law-
fully admitted for permanent residence, shall
be exempt in the receiving' state from serv-
ice in the armed forces and from all other
types of compulsory service.
Article 25
A consular officer or employee of a consular
establishment and members of his family
residing with him who do not have the status
in the receiving state of aliens lawfully ad-
mitted for permanent residence, shall be
exempt from all obligations under the laws
and regulations of the receiving state with
regard to the registration of aliens, and ob-
taining permission to reside, and from com-
pliance with other similar requirements ap-
plicable to aliens.
Article 26
1. The same full exemption from customs
duties and internal revenue or other taxes
imposed upon or by reason of importation
shall apply in the receiving state to all ar-
ticles, including motor vehicles, imported ex-
clusively for the official use of a consular es-
tablishment, as applies to articles imported
for the official use of the diplomatic mission
of the sending state.
2. Consular officers, and employees of the
consular establishment, and members of their
families residing with them, who are not na-
tionals of the receiving state, and who do not
have the status in the receiving state of
aliens lawfully admitted for permanent re-
sidence, shall be granted, on the basis of
reciprocity, the same exemptions from cus-
toms duties and internal revenue or other
taxes imposed upon or by reason of impor-
tation, as are granted to corresponding per-
sonnel of the diplomatic mission of the send-
ing state.
3. For the purpose of paragraph 2 of this
Article the term "corresponding personnel
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of the diplomatic mission" refers to members
of the diplomatic staff in the case of consular
officers, and to members of the administra-
tive and technical staff. in the case of em-
ployees of a consular establishment.
Article 27
Subject to the laws and regulations of the
receiving state concerning zones entry into
which is prohibited or regulated for reasons
of national security, a consular officer shall
be permitted to travel freely within the limits
of his consular district to carry out his of-
ficial duties.
Article 28
Without prejudice to their privileges and
immunities, it is the duty of all persons en-
joying such privileges and immunities to re-
spect the laws and regulations of the re-
ceiving state, including traffic regulations.
Article 29
1. The rights and obligations of consular
officers provided for in the present Conven-
tion also apply to members of the diplomatic
staff of the diplomatic mission of the Con-
tracting Parties charged with the perform-
ance of consular functions in the diplomatic
mission and who have been notified in a con-
sular capacity to the foreign affairs ministry
of the receiving state by the diplomatic mis-
Sion.
2. Except as provided in paragraph 4 of
Article 10 of the present Convention, the per-
formance of consular functions by the per-
sons referred to in paragraph 1 of this Article
shall not affect the diplomatic privileges and
immunities granted to them as members of
the diplomatic mission.
FINAL PROVISIONS
Article 30
1. The present Convention shall be subject
to ratification and shall enter into force on
the thirtieth day following the exchange of
instruments of ratification, which shall take
place in Washington as soon as possible.
2. The Convention shall ,remain in force
until six months from the date on which
one of the Contracting Parties informs the
other Contracting Party of its desire to
terminate its validity.
In witness whereof the Plenipotentiaries of
the two Contracting Parties have signed the
present Convention and affixed their seals
thereto.
Done in Moscow on June 1, 1964 in two
copies, each in the English and the Russian
language, both texts being equally authentic.
For the Government of the United States
of America:
For D. I{OHLER,
Ambassador of the United States of
America to the U.S.S.R.
For the Government of the Union of So-
viet Socialist Republics:
A. GROMYKO,
Minister; for Foreign Affairs of the Union
of Soviet Socialist Republics
PROTOCOL TO THE CONSULAR CONVENTION BE-
TWEEN THE GOVERNMENT QF THE UNITED
STATES OF AMERICA AND THE GOVERNMENT OF
THE UNION OF SOVIET SOCIALIST REPUBLICS
1. It is agreed between the Contracting
Parties that the notification of a consular
officer of the arrest or detention in other form
of a national of the sending state specified
in paragraph 2 of Article 12 of the Consular
Convention between the Government of the
United States of America and the Govern-
ment of the Union of Soviet Socialist Re-
publics of June 1, 1964, shall take place with-
in one to three days from the time of arrest
or detention depending on conditions of com-
munication.
2. It Is agreed between the Contracting
Parties that the rights specified in para-
graph 9 of Article 12 of the Consular Con-
ventiori of a consular officer to visit and
eonimrWcate with a national of the sending
state who is under arrest or otherwise de-
J. Edgar Hoover when he testified before
the House Foreign Affairs Committee 2
years ago._ Mr. Hoover noted that the
treaty "will make our work more diffi-
cult," if it permits the Soviet Union to
establish consulates "in many parts of
the country."
The point is also made, Mr. President,
that the United States has consular con-
ventions. with many other countries,
none of which Includes a provision
granting full immunity from criminal
prosecution to consular staffs. The
question is then asked: "Why include
such a provision in a treaty with the
Soviet Union?"
Mr. President, what are the risks in-
volved in granting Soviet consular offi-
cials diplomatic immunity? The ques-
tion cannot be answered with exact pre-
ciseness, but a calm examination sug-
gests that the risks are few.
As the treaty neither 'authorizes the
opening of consulates nor specifies their
number, Senate ratification will not
automatically result In the establishment
of a large number of Soviet consulates.
The treaty merely provides the legal
framework for their operation if and
then they are established.
The number and location of consulates
will be established by negotiation after
the treaty is ratified. At present, no
such negotiations are being conducted.
When they are held, Congress will, of
course, be kept fully informed. The ad-
ministration has further stated that for
the foreseeable future no more than the
opening of one consulate in each country
is envisioned.'
Mr. President, that the Communists
are most vigorous and adept at employ-
ing their diplomatic posts for espionage
activities is beyond dispute. That they
will attempt' to utilize their consular
offices in a like manner is also to be ex-
pected. However, when only 10 or 15
officials are added to the 452 Soviets with
full diplomatic immunity now in the
United States, the small scale of the
threat is readily apparent. Indeed, as
Mr. Hoover himself said on this point
just a few weeks ago:
The F.B.I. can definitely handle any addi-
tional responsibilities brought' about by ap-
proval of the 'treaty. .. The (extra) ex-
penditure in funds . . . could be absorbed
within our current appropriation.
But even those who recognize the lim-
ited scope of the immediate problem are
concerned about its portent for the fu-
ture. Using-this treaty as a precedent,
will the 27 other countries with whom
American had consular treaties press for
similar provipions?
The answer, Mr. President, is not like-
ly." The administration estimates at
most only 11 would do so. Thus, just
290 employees, only a fraction of whom
are Communist, would be added to the
9,400 persons with diplomatic immunity
In the United States.
One must also bear in mind that It is
often much easier to scrutinize the ac-
tivities of political agents who enter the
country as registered representatives of
a foreign government than when they
enter clandestinely.
In addition, the convention contains
a number of safeguards against the
danger of diplomatic subversion. For
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two to four days of the arrest or detention
of such national depending upon his loca-
tion.
3. It is agreed between the Contracting
Parties that the rights specified In paragraph
3 of Article 12 of the Consular Convention of
a Consular omcer to visit and communicate
with a national of the sending state who is
under arrest or otherwise detained in custody
or is serving a sentence of imprisonment
shall be accorded on a continuing basis.
The present Protocol constitutes an inte-
gral part of the Consular Convention be-
tween the Government of the United States
of America and the Government of the Union
of Soviet Socialist Republics of June 1, 1964.
Done at Moscow on June 1, 1964 in two
copies, each in the English and the Russian
language, both texts being equally authentic.
For the Government of the United States
of America:
FOY D. KOHLER,
Ambassador of the United States of
America to the U.S.S.R.
For the Government of the Union of
Soviet Socialist Republics:
' A. GROMYKO,
Minister for Foreign Affairs of the Union
of Soviet Socialist Republics
Mr. PEARSON. Mr. President,
whether or not the Senate should ratify
the proposed Consular Convention be-
tween the United States and the Soviet
Union is. a most important and at the
same time one of the most delicate, ques-
tions before the 90th Congress. It is
also one of the most emotionally charged
issues, as the constituent mail of each
Senator dramatically illustrates; legiti-
mate concerns have been magnified and
distorted, while all too often very little
light has been shed on the real issues.
The treaty simply provides a basic
legal framework for the exchange of
Consulates between the United States
and the Soviet Union and details the
rules and regulations governing the con-
duct of consular officials and their diplo-
matic status. This document, signed in
1964 and approved by the Senate Foreign
Relations Committee in 1965 and again
in February of this year, represents an
attempt to formalize what is ordinarily a
routine bilateral exchange of officials.
In this case, however, Mr. President,
neither the provisions of the treaty nor
the circumstances surrounding its rati-
fication are routine. This is the first
bilateral treaty we have ever made with
the Soviet Union, our adversary in the
costly and trying cold war of two long
decades. And unfamiliarity not only
breeds contempt, but caution.
In addition, we are engaged in a bloody
war against communist aggression in
southeast Asia. Secret agents menace
the internal fabric of our society, while
ideological invective poisons the inter-
national airwaves.
Thus one can understand the great
concern and even alarm being expressed
over this treaty's pending ratification.
But emotion is the wind which blow out
the lamp of reason. We must under-
stand the former, but we must be guided
by the latter.
Mr. President, many individuals have
expressed genuine dismay over the treaty
provision granting full diplomatic im-
munity from criminal prosecution to the
consular staffs of both countries. They
consider this proviso a dangerous Carte
Blanche for Soviet espionage and cite
the concern expressed by FBI Director
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example, a state may expel consular of-
ficials for their misdeeds and may
scrutinize in advance all consular ap-
pointments. As a final safeguard, the
treaty may be terminated on 6 months'
notice by either party if it does not func-
tion to their satisfaction.
Mr. President, we must .lso remember
that the treaty provisions cut both ways.
Given the closed character of Russian
society, the United States stands to gain
far more information from consular sur-
veillance than does the Soviet Union.
Our sources of information within Rus-
sia are limited and the more "windows"
that can be opened to shed light on the
convoluted operations of the Soviet
Government the better.
Finally, and possibly most importantly,
Mr. President, this speaker is of the view
that we all too often inflate the threat
of Soviet operatives, while minimizing
the capacity of our people and our in-
stitutions to resist their intrigues. Is
the fabric of this free and open society
so delicate, so weak that it will be seri-
ously endangered by the introduction of
a few score of new Soviet citizens?
Mr. President, the potential for in-
creased espionage is the most emotion
ally charged question, but by far the
most important questions concern the
broad implications this treaty has for
United States-Soviet relations. In this
respect, it is the timing of this treaty
which generates honest disagreement
among reasonable and informed men.
The point is made that the United
States should refrain from making any
conciliatory gestures toward the Soviets
while the Vietnam war is In progress.
The U.S.S.R. continues to oppose Amer-
lean-alms In southeast Asia. It endeavors
to mobilize world opinion against us and
continues to send massive infusions of
military aid to our enemies. Why should
we add further respectability to a regime
which labels us "world-wide public en-
emy No. 1" and supplies the guns and
rockets which daily drain the blood of
American youth?
The question is a valid one. For, while
the Communists may be divided on ide-
ological issues, they are united In vary-
ing degrees in their, opposition to West-
ern democracy. There is no indication
that the ratification of this treaty will
cause the Soviets to cease their ideolog-
ical vilification of the United States or
halt the flow of war material to North
Vietnam.
However, Mr. President, Soviet differ-
ences with the United States do
not mitigate against the ratification of
this treaty. Rather, they impel it. This
convention can become a symbol, albeit
a rather minor one, of the willingness of
the two countries to divorce emotion and
ideological differences from basic com-
patible interests. For, the consular
treaty is not' so much a gesture of con-
ciliation, as it Is an agreement that the
mutual interests of. both parties will be
furthered by the establishment of mis-
sions designed to serve nondiplomatic
interests.
Make ?no mistake , about it, it Is the
U.S. private citizen and businessman
who would benefit most from the facili-
important proviso of the treaty, in my
opinion, guarantees that a consulate will
be notified within 1 to 3 days after a
foreign national is arrested. Further-
more, consular officials will be guaran-
teed access to detained Americans
within 2 to 4 days of their arrest, and
this right of access will continue as long
as they are held.
Mr. President, this all-important pro-
vision, representing an unprecedented
concession by the Soviet Union, goes into
effect once the treaty is ratified whether
or not consular offices are ever estab-
lished by later negotiation.
This concession appears all the more
remarkable when one pauses to consider
past Soviet behavior. In 1961, Ameri-
can student Marvin Makinen was held
from July 21 to September 4 before the
U.S. Embassy was even notified of his
detention. In a more famous case, U-2
pilot Gary Powers was held incommuni-
cado by the Soviets for 21 months.
Postwar history is replete with simi-
lar examples. The provisions for noti-
fication and access contained in this
treaty will significantly improve the
prospects for' decent treatment of U.S.
citizens arrested in the Soviet Union.
Not only would such a development be
welcome for humane reasons, but by
subjecting detentions to closer American
scrutiny, the ability of the Soviets to use
them as instruments of international
propaganda could be reduced.
In addition, consulates offer services
which range from processing birth certi-
ficates to the translation of legal doc-
uments. These arrangements would
greatly ease the lot of Americans trying
to fend for themselves in a foreign land.
Thus, consular 'offices should not be
considered as significant diplomatic con-
cessions, but as devices for regularizing
unofficial relations. In this particular
case, Mr. President, if one country
stands to benefit more than the other, It
Is the United States. We simply have
far more tourists and businessmen to
serve, and their number is growing each
year. Approximately 18,000 Americans
visit the Soviet Union for unofficial pur-
poses as opposed to the 1,400 Russians
who come to this country.
Mr. President, also in regard to the
question of timing, some wise and care-
ful men have urged that ratification be
delayed while the interrelationship of
this treaty to others which may soon be
put before this body is thoroughly ex-
amined. In particular, the Treaty on the
Peaceful Uses of Outer Space and the
East-West trade bill are cited as exam-
ples of more ambitious efforts by the ad-
ministration to significantly alter U.S.
foreign policy.
Mr. President, this speaker does not
advocate a rapid expansion of our trade
with the Communist. bloc, particularly
when they are supplying our enemies in
Vietnam, Neither would I support a re-
laxing of the safeguards so essential to
the.maintenance of our long-term-secu-
rity interests. However, Mr. President,
this Senator is persuaded that the con-
sular-treaty does not presage such dan-
gerous -developments. The space and
tray e agreements, while affecting our
overall relations with the Communist
S 3319
bloc, treat completely different sub-
jects.
The Consular Treaty will create no ir-
resistible momentum leading to the hasty
adoption of these other items. They will
be carefully considered on their individ-
ual merits. Let us not forget that the
amount of trade a consulate handles is'
not determined by the consulate, but by
our Government. Thus, those who feel
ratification will in itself lead to an ex-
pansion of trade are mistaken in my
view.
it is wise to be cautious and a full ex-
amination of administration policy is the
Senate's eternal duty; but as the poet
Matthew Arnold said:
(Those) . . . who hesitate and falter life
away .. . lose tomorrow the ground won
today.
World powers, therefore, by definition
have a variety of commitments and con-
cerns. It would be futile and self-
defeating to treat all foreign policy issues
alike. The Communist camp today is
torn by controversy. The opportunities
for initiatives are many.
The Consular Convention is just one
such opportunity. This treaty alone will
not eliminate the differences which sep-
arate the Soviet Union and the United
States, but it will bring more understand-
ing to them. It will not eliminate the
political harassment of U.S. citizens, but
it will reduce it. Its passage represents
a risk, but the risk is manageable.
In short, the treaty is neither a panacea
nor an unconscionable gamble. It is
simply a small step toward increased pro-
tection of American citizens abroad and
the improvement of relations between the
world's two superpowers.
Mr. FULBRIGHT. Mr. President, a
parliamentary inquiry.
The PRESIDING OFFICER. The
Senator will state it.
Mr. FULBRIGHT. The pending busi-
ness is in the Consular Treaty?
The PRESIDING OFFICER. The
Senator is correct.
Mr. FULBRIGHT. Mr. President, I
wish to say a few words about the treaty.
I hope that tomorrow or the next day the
Senate will adopt the treaty.
Last October, President Johnson spoke
in New York on the subject of our rela-
tions with Europe. He defined Amer-
ica's task in its relations with the Euro-
pean Communist world as achieving "a
reconciliation with the East," and he
then said:
Americans are prepared to do their part.
Under the last four Presidents our policy
toward the Soviet Union has been the same.
Where necessary, we shall defend freedom;
where possible we shall work with the East
to build a lasting peace.
We do not intend to let our differences on
Viet Nam or elsewhere prevent us from ex-
ploring all opportunities. We want the
Soviet Union and the nations of Eastern
Europe to know that we and our allies shall
go step by step with them as far as they are
willing to advance.
I emphasize the words "step by step"
with the Soviet Union' a far as they are
willing to advance," for in .considering
whether to give our adyice_and consentto
ratification of the consular convention
we are considering whether to take a
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3320 -CONGRESSIONAL RECORD SENATE March 7, 1967
step with the Soviet Union, a modest, The consular convention we are con- jurisdiction but to civil jurisdiction as
cautious step, but a step in the direction
of reconciliation and not away from it.
Will we, as a result of our debate in the
Senate, take this step? Or will we stand
still and thus admit that we are un-
willing or unable to affect the future
course of our relations with the Soviet
Union?
Now, consular conventions are not
usually politically significant. We have
consular conventions with over 30 coun-
tries, and treaties and other agreements
containing consular provisions with over
30 other states. We have such conven-
tions, treaties, and agreements with
allies, with neutrals and with countries
with whom our relations are not par-
ticularly good, with Communist coun-
tries and non-Communist countries of
'.every existent variety.
This convention is different, however,
mot because its_provisions are unique or
significant but because it is an agree-
?meat with the other immensely powerful
state in the world today, a state with
whom our relations are most sensitive
and difficult, a state with whom our rela-
tions are of transcendental importance.
I would have preferred to address my
remarks today only to the broad issue
of our relations with this other great
ipower and not to deal with the narrow
subject of the technical provisions of
the convention we'are considering. But
because there has been a good deal of
-discussion in the country of these pro
'visions, and because I believe that there
Is Considerable misunderstanding about
them, I will begin by attempting to
-clarify what the treaty does and what
it does not do,
The consular convention does not
provide for opening consulates. There
have been Soviet consulates in the
United States and American consulates
in the Sovjet Union before. Consulates
could be established, again any time
without a treaty merely by agreement
between the two Governments. Nor
does the treaty provide for increasing
`trade with the Soviet Union or amend in
any way the body of legislation designed
to prohibit the export of strategic ma-
terials to the Communist world. The
'various laws dealing with this subject
Are lain untouched.
All the treaty does Is regulate con-
V ar relations between the United States
d the Soviet Union. Consular rela-
tions are best regulated by treaty; for
a treaty, as you know, becomes the su-
preme law of the land and supersedes in-
tonststent Federal and State laws. To
regulate the myriad consular affairs 'be-
our country and another, it is
necessary to supersede State laws with
regard to various tax matters, in order
to fulfill an obligation to notify a for-
eign government official when an arrest
s made and to grant officials of other
overnents immunity from local laws.
I; will not discuss the minor points in
the Convention which are no different
in this treaty tian in the other consular
coJlvcn we have I but will hconcen-
trate, on two quesons that have at-
traCldat tiszu tneprgyisionsregard-
jng noU, cattion and access and those per-
1 to consular immunity.
sidering today provides that when an well and also applies to the families of
American citizen is arrested in the Sov- diplomatic officers. Our diplomats in
let Union, the Soviets are obliged to the Soviet Union, and indeed all over
notify an American consular officer of the world, h ve such immunity, as do
his detention within 1 to 3 days. The all foreign diplomats including Soviet
provisions in the convention regarding diplomats here.
access oblige the Soviets to permit an In other words, this convention brings
American consular officer to have access the protection which those, working in
to an arrested 'American citizen within, 'consulates enjoy more closely into, line
2 to 4 days. These provisions regarding with the protection those working in
notification and access, as all the other embassies have, reflecting a universal
provisions in the convention, are of erosion over the past few decades of the
course reciprocal. They seem to me to distinctions between diplomatic and con-
be more beneficial to us than to the sular officers. In our case, it seems to
Soviets, however, for there are 20 times me particularly appropriate that we do
as many Americans visiting the Soviet not emphasize such distinctions, while
Union as there are Soviets visiting the others disavow them, because our diplo-
United States; and, furthermore, we al- matic and consular services were com-
ready observe the standards of notifica- bind over 35,years ago. As. a result, an
tion and access that this treaty will American Foreign Service officer may be
oblige the Soviets to observe. I should assigned this, year to an embassy and
add that these notification and access next year to a consulate. Why should
provisions will become operative, and he enjoy the, protection of unrestricted
thus binding on the Soviets, as soon as immunity from the criminal jurisdiction
the convention enters into force whether of the Soviet Union while assigned to
or not consulates are ever opened. our embassy In Moscow but have only
Those who are opposed to ratification restricted immunity from criminal juris-
of this convention argue that notifica- diction when assigned to a consulate
tion and access do not amount to free- outside the capital?
dom and that, these notifications and But those who are concerned about
access provisions are of small benefit in- the immunity provision in this conven-
deed. Perhaps these provisions do pro- tion are not interested in the disappear-
duce only minor benefits-although cer- ing distinctions between diplomatic and
tainly an American arrested in the Soviet consular immunities. Their interest in
Union would not consider them to be so the immunity provision is a result of
minor-but they oblige the Soviet Gov- their fear of espionage. They see a
ernment to act in a way in which they danger in the immunity provision; be-
have never been willing to agree to act cause if a Soviet intelligence officer as-
before, and in a way that we consider signed to a Soviet consulate in the
desirable and advantageous to us. United States were to commit espionage,
By agreeing to these notification and he could not be prosecuted, but, like any
access provisions, the Soviets have made Soviet official; assigned to the Soviet Em-
a concession. Some belittle this conces- bassy in Washington who committed
sion, saying that the Soviets should go espionage, only be expelled.
further and make more far-reaching Now, it is a: fact of life, an unpleasant
changes in their trial procedures. But fact, to be sure, that all of those assigned
a consular convention is not a vehicle to foreign embassies and consulates in
for effecting changes in a society. It is the United States and all of the Ameri-
an agreement designed to regulate the cans assigned. to our embassies and con-
consular affairs of the countries con- sulates abroad are not what they appear
cerned, protect their citizens, and pro- to be. Some` are not career diplomatic
vide ground rules for their consular per- and consular personnel but intelligence
sonnel. This convention goes further officers. The Soviets use embassies and
than any other modern convention in the consulates for intelligence purposes as
protections afforded American citizens do other countries, including the United
and American consular officers and em- States. Perhaps in a gentler age this
ployees. Are we going to refuse to accept may not have been true, but it is the
these benefits-benefits we wanted, case in the world today. In this sense,
which led, us to- propose negotiations. on there is a common interest involved, for
the treaty in the first place, and benefits I gather that both we and the Soviets
which represent a ,co_ncession by the would prefer, to have our intelligence
Soviets-because we, disapprove of cer- officers expelled rather than imprisoned.
tain aspects of. Soviet society? We have It would be one thing if we were
not applied this standard to other coun- opening the floodgates to massive num-
tries. It seems. to me unreasonable and bers of Soviet intelligence agents by
unproductable to attempt to do so in ratifying this convention. But we are
this case. talking about, only one Soviet consulate
The other matter that has aroused a at this point,: with 10 to 15 officers and
great deal of attention is the grant of employees, and one American consulate
unrestricted immunity, from criminal of an equal siz: in the Soviet Union.
jurisdiction to Consular officers and em- There are already in the United States
ployees. This provision is a new depar- 452 Soviet na%ionals with full-diplomatic
ture for the United States. In other immunity, so that involved is an increase
consular r partonsto which the United of 3 percent ii the number of Soviet off'i-
ns ' such immunity. has, cials with full criminal immunity.
applied only to misdemeanors and not Because we,have most-favored-nation
felonies. On the,' other hand, so far, clauses in consular agreements with 35
u
as nity is concerned, other countries, these countries will also
nations observe an even broader immu- be entitled to request a similar extension
nity which extends not only to criminal of consular ii munity, provided they are
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S 3321
willing to grant us such immunity in re- I am soatewhat surpris d ato find n agreement now, of trade bill, I would not think that it would
turn. Of these 35 countries, 27 now have 30 y be necessary to make the point, although
consular establishments in the United this sort * * * I will do so for the record, that such
States, and these consular establish- I, too, am somewhat surprised at the an argument insults the intelligence and
ments have 577 consular officers and em- opposition the treaty has aroused. It integrity of this body by suggesting that
ployees who would be qualified for such does not befit a great and powerful na- we would not consider each of these
immunity. The fact is, however, that tion-in fact, it seems to call into ques- measures on its merits.
the Department of State has estimated tion its greatness and its power-to be- But while this consular convention is
that only 11 countries, with 290 officers lieve so little in its own strength and not an opening wedge, it is certainly a
and employees in the United States, will security, and to fear so for its own test of the sentiment of the Senate,
ask for such immunity. We will thus vulnerability, that it must "quail" at the the sentiment of the Senate on the ques-
add perhaps some 300 persons to the prospect of the arrival of 10 or 15 Soviet tion of the general attitude the United
9,400 foreign diplomatic officers and em- officials. States should adopt toward the European
ployees now in the United States who The arguments of the opponents to Communist world in general and the
already enjoy full criminal immunity- this convention on the substantive pro- Soviet Union in particular. It seems to
a total increase of about 3 percent. visions of the treaty which I have been me that there are two general approaches
Those who criticize this immunity discussing are mere skirmishes, however. to our relations with the Communist
provision point out that granting full The main attack on the treaty has been world. Those who object to the agree-
criminal immunity to consular officers on much more fundamental grounds: on ment before us because they object to
and employees was originally a Soviet the grounds that this is no time to reach any agreement with the Soviets can only
suggestion. The. implication, therefore, agreements with the Soviets because mean that they believe that our disagree-
is that the immunity provision must work they are sending supplies to North ments with the Communist world will
to the advantage of the Soviets and to Vietnam and that an agreement on con- eventually be resolved, and can only be
the disadvantage of the United States. sular relations--or, for that matter, on resolved, by a resort to force. That is
In fact, upon considering the Soviet pro- any subject-will lead inexorably to the logical conclusion to which their
posal, the Department of State decided other agreements, including an agree- argument leads, and it is a conclusion
that the immunity provision suggested ment on trade which would enable the the consequences of which I do not like
by the Soviets was desirable from the Soviets to increase the flow of military to contemplate. Those of us who are in
point of view of the United States. Pre- equipment to North Vietnam and thus favor of reaching agreements with the
sumably because the immunity provision prolong the war. This treaty should also Soviet Union whenever possible-who be-
was originally suggested by the Soviets, not be ratified, according to its oppo- lieve, in fact, that it is in our national
they considered this provision to be de- nents, because the act of ratifying an interest to seek such agreements-are
sirable from their point of view. agreement with the Soviets will be re- convinced that the only possible way of
Yet, instead of being pleased to see a garded as a mark of confusion by our resolving our differences with the Soviet
provision in the convention that each allies, as a confession of weakness by our Union is through peaceful means by
party apparently considers to be in its enemies, and as both by our fighting men mutual accommodation.
interest, some regard the immunity pro- in Vietnam. I hope that when the vote is taken on
vision as suspect, not because of its sub-. It is difficult for me to understand and the consular convention most Members
stance but because this provision was accept the fact that there are some in of the Senate will vote in favor of giving
first proposed by the Soviets. Such sus- the Senate who, given an opportunity to the Senate's advice and consent to rati-
picions are not new, of course, but I improve relations in some small way fication, not because I feel that it is of
think we should reflect on the words of with the Soviet Union and of reducing vital importance that we ratify this
Ambassador George F. Keenan, in his the tensions that exist in our relations treaty to obtain the benefits it provides,
book "Russia, the Atom and the West": with that country, prefer that we not do but because we will be voting on a much
. We must beware of rejecting ideas so, but that instead we keep relations more important question. We will be
just because they happen to coincide with frozen and tensions highly charged. I expressing an opinion in that vote on
ones put forward on the other side. Moscow would certainly understand this attitude whether or not we believe in reaching
says many harmful and foolish things; but if it were motivated by an opposition to agreements with the Soviet Union when-
It would be wrong to assume that its utter- appeasement-that is, if this conven- ever it is possible to do so and whenever
antes never happen to accord with the dic- tion, or any of the East-West measures such agreements provide a net benefit to
tates of sobriety and good sense. The Rus-
sians that I have mentioned, represented a us. We will be voting on whether we
are not always wrong, any more than
we are always right. Our task, in any case, sacrifice to the Soviets designed to mol- wish to go, in President Johnson's words,
is to make up our minds independently. lify them. But I cannot understand why "step by step" with the Soviets "as far
If the Soviets had not been willing to any -Senator would hesitate to seize an as they are willing to advance" toward a
Independently, opportunity to voice his approval for an reconciliation, or whether we prefer to
make be-
there woupuld havtheire e been minds no in consular with the Soviet Union which follow another path-in this case, I be-
there on would the ular con- offers us certain benefits in protecting lieve, the only other path-which leads
first on at all all for fo we we were who who American citizens traveling in the Soviet the United States and the Soviet Union
fi proposed negotiations e and then pushed for them. Union which we sought in the first place. not to a peaceful solution of our differ-
convention
nve comment of Ambassador I do not see how ratifying such an agree- ences but to their resolution by force.
one more then
Keenan seems to me appropriate of ma meet could be construed as a mark of These paths might well be called "mu-
Kenna in con- - confusion or a confession of weakness. tual accommodation" and "mutual anni-
apl on the contrary, if I were the leader of hilation," for paths, like other avenues,
cluding see m remarks me the convention. on one. the In technical
spec' s before the. committee on Janu- North Vietnam I would be concerned at often bear the names of their destina-
this year he said about the any sign of a rapprochement between an tions-
pe e
ary 30 a
treaty: ally on whom I depended heavily and Mr. President, I hope that the Senate
hen t first went to the soviet Union my opponent, especially if my ally and will be able to move to dispose of this
Wprohe, which was at the time of our reUni n my opponent were the two most power- treaty as rapidly as possible. As every-
tiss,~~nyy of the Soviet Government in 1933, we ful countries in the world. And if I were one knows, this matter was before the
would not have "hesitated for a second to an ally of the United States it would Committee on Foreign Relations last
conclude an agreement of this sort, had the worry me to see the United States spurn year, and we reported it then; but for
Russians been willing to`do it. We at that an opportunity to reduce the tensions reasons which are understandable-last
time considered it highly wrong and re- which might, if they are not reduced, lead year was election year-the treaty was
grettable that they were so afraid of con- to a conflict in which I might become not voted on. However, the matter
tacts between people, so afraid of having involved simply because I was an ally of has been discussed at length, everyone
foreign representatives in their country, that one of the protagonists. is throughly familiar with it, and I hope
they put so jealous a control on foreign As for the argument that this treaty that the Senate can proceed to a vote as
representatives, that they did not want our
consuls around. We wanted to go in for is merely an opening wedge designed to soon as possible.
the maximum amount of that sort of ex- Insure the automatic passage of an Mr. MANSFIELD. Mr. President, will
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S 3322
Mr. FULBRIGHT. ? I yield.
CONGRESSIONAL RECORD -SENATE
Mr.. MANSFIELD. Mr. President, I
wish to commend the distinguished
Senator from Arkansas, the chairman
of the Committee on Foreign Relations,
which reported the pending convention
with the Soviet Union, by a vote of 15
to 4.
As the Senator has stated, this con-
vention is definitely in the , interest of
the United States, far more so than-it is
in the interest of the Soviet Union.
I wish to reinforce what the Senator
from Arkansas has said by pointing, out
that this convention was undertaken
during the Eisenhower administration,
on the initiative of the United States.
It has, been pursued by President
Eisellhowers successors-the late Presi-
dent Ii,;ennedy and President Lyndon B.
Johnson.
At the present time, figures indicate
that the number of Americans visiting
the Soviet Union is in excess of 18,,000
a year, whereas the number of Soviet
citizens visiting the ,,United States is
under 1,000 a year.
If and when this consular convention
is agreed to, it will mean that additional
protection will be given to U.S. citizens,
who now can be held up to 9 months
in Soviet jails without having the right
of access to, any American official;
whereas,,in our own country, Soviet citi-
ens are sub' ject to American law and
are given, the same rights. that any
American would be given under the
constitution-including of course the
right to , accessto counsel or representa-
tive. So that this proposal is very much
in .the, interest of the -United States.
I would hope that the encouragement
and support given by three Presidents
would ' be taken into consideration. I
would hope that emotions would
not be
predominant in our discussion. of this
most, Important treaty, and I would
hope that.'.the Senate, in its wisdom,
would see fit. too follow the lead of the
distinguished chairman of the Commit-
tee on Foreign Relations and vote "aye"
overwhelmingly on this proposal.
Mr. PULERIGHT. I thank the Senator
from Montana. I agree with him that
the facts presented are such that, due
.to the numbers of tourists involved., as
he has indicated, and as I have stated in
my remarks, the. treaty would mean
more to the United States than to the
Soviet Union.
I hope, however, as we move into a
-more relaxed period in our relations,
that there will be more Soviet tourists
in this. country and that this treaty will
then mean something to the Soviets as
well. I hope that they will themselves
approve this treaty. I believe they will.
The Senator is,correct.
I hope that we can move to comple-
tion of action on the treaty in the very
near future.
0019-0
March 7, 1967
Yesterday, President Johnson sent a mes- made. It is: clear that college defer-
sage to the Congress dealing with the ments should not be allowed to become
same topic. Permanent exemptions, as frequently
I should like to praise both these docu- happens under the present system.
ments, and also to take this opportunity After a maximum postponement of 4
to make a concrete .proposal of my own years of college, the student should re-
on a related subject, voluntary national vert to the eligibility of a 19-year-old.
service. I urge the President to be most
It seems to me that most Americans, cautious in altering college-deferment
being interested in a strong national de- policy, and I' ara confident that he will
fense and a fair method of achieving that be.
strength, will applaud the Commission's One other aspect of the National Ad-
report and the President's proposals. visory Commission report was of par-
The concept of taking our youngest ticular interest to me. This is voluntary
draft eligibles first, instead of the pres- national service, and I am extremely
ent system which takes the oldest first, pleased that ;both the President's mes-
makes a great deal of sense, as does the sage and the Commission report create
recommendation that criteria for induc- a climate favorable to the introduction
tion be administered uniformly across the of a bill on national service.
country. These reforms will insure The Commission concluded that a pro-
equitable service, and permit young men gram of compulsory national nonmili-
to plan their lives without the uncertain- tary service is not recommended. With
ty that plagues many of them today. this conclusion I am in agreement: Such
Likewise, I support completely impar- a program is of doubtful constitutional
tial random selection, which, in practical validity.
terms, would mean instituting a lottery, But the Conlraission asked that more
such as the one that was first used in investigation be conducted into the pos-
World War I. sibility of a broad voluntary program of
I have serious reservations, however, nonmilitary service.
about the Commission's proposal to The report states:
abolish all student deferments. On this The spirit Which motivates interest in
issue, I agree with the minority of the national service is undeniably a part of our
President's Commission, and support the national experience today. Sensitive to that
resolution introduced by the senior Sena- spirit, the Commission suggests that the re-
tor from Massachusetts-which I will co- search which must be accomplished proceed,
sponsor. together with private and public experi-
Judging from the message he sent up mentation with pilot programs.
yesterday, I believe that the President This was echoed in the message of the
also has, reservations about abolishing President, who said:
student deferments. It is noteworthy The spirit of volunteer service in socially
that he has stated that he will end most useful enterprises will, we hope, continue to
graduate school "deferments, but he will grow until that good day when all service
withhold judgment on the question of will be voluntary, when all young people can
undergraduate deferments. and will choose''the kind of service best fitted
There are two problems, that occur to to their own needs and the Nation's we
me, First is the extremely important will hasten it as we can.
question of hoof strong is this country's It is the traditional spirit of American
commitment to encourage our. youth to voluntarism that. I seek to capture in the
attend college? For, the recommenda- -bill I introduce today. This bill would
tions of the President's Commission 'simply authorize the kind of detailed re-
would, it seems to me, discourage many 'search on national service recommended
students from going on to college. by the National Advisory Commission.
The Commission has overlooked the Before explaining my proposal, I
factor of educational momentum: A stu- should like to define the somewhat vague
dent finishes high school and continues term, "national service." The idea of
right.on to college. There is every en- nonmilitary service to the Nation has re-
couragement to do so; there is none of ceived considerable public attention in
the chance to "get away from the books," the last few years. This attention is due
which all too often means that the stu- in part to the success of programs like
dent will never return, VISTA and the Peace Corps, and in part
To put it in simplest terms, who is to widespread concern over the Selective
more likely to go to college; a 19-year- Service Syster)'i. All too seldom is such
old who has, just finished high school, or "national serv>cis" defined or justified in
a 22-year-old who has been away from terms of national needs and the potential
school for 3 or 4 years, may be about to of relatively untrained young people to
be married, and is very likely going to be meet them.
looking for ways to assert his newly To me, national service means this:
found independence? First, the young people of this country
A second difficulty explored by the are capable of public service in many,
Commission is the need of the Armed many more areal than just the military.
Forces for capable officers. For any They have demonstrated that they are
years, the, usual minimum requirement willing to perfprni such service.
for officers has been a college education. Second, the service of young people
VOLUNTARY NATIONAL SERVICE Will the recommendations of the Coal-
Mr. is desperately,
has desperately needed in hundreds of
Mr. B1IEWSTER. Mr. President, the mission provide an adequate number of nonmilitary s activities. President John-
past 2 days have been most eventful for college trained men to fill officer posi- so
those of us who are .interested in the tions? Frankly, I find it hard to believe The call for public service cannot be met
problems of selective service. that they will. by professionals alone.
0% Sunday, the National Advisory Proposals to change college-deferment - Alongside today's increasing advances
Commission on, Selective Service made regulations should receive long and care- in technology and specialization, there
a careful report, after a 7-month study. ful consideration before any change is runs a parallel growing need for people
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