My predecessor's despatch of 12th March 1945 D. no 38. [1]
Repatriation of Soviet Nationals
Difficulties have arisen over the questions of
1. Persons to whom the agreement applies.

2. Use of force in repatriation of recalcitrants.

2. We are committed under the Yalta agreement of February 11th
1945 to collect, segregate and hand over to the Soviet Authorities
all Soviet citizens liberated by forces operating under British
Command. At the time when the agreement was signed we had not
expressly granted de jute recognition to the incorporation into
the Union of Soviet Socialist Republics of territories taken over
by the Soviet Government after list September 1939. We therefore
do not consider persons normally resident in areas annexed by the
Soviet Union to come under the Yalta Agreement; and although we
never hindered repatriation to the U.S.S.R. of such persons from
these areas as were willing to return to their homes we do not
consider ourselves as under any obligation to hand them over to
the Soviet Repatriation Authorities against their wishes. The
Soviet Authorities have always maintained that this attitude on
the part of the United Kingdom Authorities regarding persons from
annexed territories constitutes a breach of the Yalta Agreement.

This difference of view has led to a protracted dispute which we
now wish to bring to an end.

3. The two chief problems which must be dealt with separately are
the disposal of persons from
(a) Poland East of the new Soviet-Polish frontier and (b) Baltic
States.

4. Persons from former Polish territory East of the new Soviet
Polish frontier.

The Governments of the Soviet Union and Poland having settled the
new frontier by a treaty which has now been ratified by both, our
recognition of the frontier cannot in fact be withheld: but we
wish to tell the Soviet Government that we can only do so when we
have reached agreement with them about the repatriation of persons
from territories ceded by Poland to the Soviet Union. Our view is
that the Yalta Agreement does not apply to persons originating
from this territory and that our obligation in regard to them is
to the Polish and not the Soviet Government and must take form of
our giving facilities to these persons to go to Poland. This done,
our responsibility in respect of these persons will have been
discharged. What happens to them when they get to Poland is a
matter for the Polish Government to decide and we have no wish to
be a party to any discussions [which] the Soviet Government may
have with the Polish Government on this question. When dealing
with the Polish Government about the repatriation of these
persons, we propose to take the line that we are not prepared to
repatriate to Poland those who are unwilling to return. This is a
matter affecting the United Kingdom and Polish Governments alone
and we cannot admit that the Soviet Government has any right to
intervene in this question. We do not intend however, to hinder
repatriation to the Soviet Union of any persons in our hands from
ceded areas of Poland who wish to return to their homes in what is
now Soviet territory.

5. Persons from the Baltic States.

As regards the Baltic States, we propose to tell the Soviet
Government that we cannot act singly in the matter of recognising
their incorporation in the U.S.S.R. Annexation of territory is a
serious matter. It was our original intention to deal with this
question at the peace settlement. But since it is doubtful whether
there will be a single comprehensive settlement and since the
question of recognition will have to be tackled before long the
United Kingdom, United States, French, Soviet and Chinese
Governments might attempt to reach preliminary agreement on this
issue. Meanwhile, we do not recognise persons from the Baltic
States as being covered by the terms of the Yalta Agreement for
the repatriation of Soviet citizens. Even when we do recognise
incorporation of these States into the U.S.S.R. this recognition
will not impose any obligation upon us to return against their
will to the Soviet Government persons under our control
originating from the Baltic States.

6. Persons from annexed areas of Finland and Romania.

We have had no trouble over repatriation of persons from these
areas and we do not expect any but if cases should occur we would
consider that they be treated in accordance with the principles
set out above as regards persons from the Baltic States.

7. Use of force.

While we hold ... [2] on the principle that all persons whom we
regard as coming under the Yalta Agreement were to be repatriated
to the Soviet Union, irrespective of their wishes, the minimum of
compulsion being used where this cannot be avoided, we are
prepared to consider bringing our policy as regards use of force
into line with that adopted by the United States Government last
December which was communicated by Mr. Byrnes to M. Molotov at the
informal meeting of the last Moscow conference, namely, that force
should if necessary be used for repatriation of
(a) those captured in German uniforms
(b) those who had been members of Soviet armed forces on or after
22nd June 1941 and had not subsequently been discharged therefrom.

(c) Those charged by the Soviet Authorities with having
voluntarily rendered aid and comfort to the enemy in cases where
the United States Military Authorities were satisfied of the
substantiality of the charge. [3]

8. If agreement were reached with the Soviet Government on the
above lines we would in return ask the Military authorities to
separate all persons in the categories described in paragraphs 4
and 5 who do not wish to return home from all persons claimed by
the Soviet Authorities as Soviet citizens and to allow Soviet
Repatriation Officers to have free access to camps where these
latter are kept. These officers could try and persuade men in
these camps to return willingly to the Soviet Union but in that
case would want the Soviet Government to agree that those who
after this treatment still proved recalcitrant should not be
forcibly sent back to the U.S.S.R. unless they fall within any of
the categories set out in paragraph 7 above.

9. Having regard to the extent to which the United States
Government are involved on account of displaced persons from
Eastern Europe in the United States Zone of Germany we have
invited their views and have been informed that the State
Department agree with the foregoing proposals though they add that
for the present they cannot comment on the question of recognition
of new western boundaries of the Soviet Union.

10. We should accordingly propose to instruct His Majesty's Charge
d'Affaires at Moscow at the beginning of March to approach the
Soviet Government on these lines. If the other British
Commonwealth Governments have any comments we should be grateful
if they could be telegraphed to reach us by the end of February.

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