D. Aircraft and Shipping Incidents

Document VI-23

The April 9, 1964 (Soviet Merchant Ship Polotsk and the U.S. Navy Seaplane Tender Duxbury Bay) Incident (Southern Red Sea Area): NOTE FROM THE U.S. DEPARTMENT OF STATE TO THE SOVIET EMBASSY IN WASHINGTON, APRIL 22, 19641

The Department of State requests that the Embassy of the Union of Soviet Socialist Republics call to the attention of its Government the following recent serious violation by the Soviet merchant ship Polotsk of the International Regulations for Preventing Collisions at Sea, approved by the International Conference on Safety of Life at Sea, London, 1948 and adhered to by the U.S.S.R.2

During daylight hours, shortly after 2:00 p.m., on April 9, 1964, while proceeding on the high seas in the waters of the southern end of the Red Sea, the United States Navy Seaplane Tender Duxbury Bay was harassed and placed in serious jeopardy of imminent_collision by the negligent and unlawful maneuvers of the Soviet merchant ship Polotsk.

At about 2:20 p.m., local time (11:20 G.M.T.), on April 9, 1964, in the approximate position of 13°38′ N, 42°59′ E, and while proceeding on the high seas in the waters of the Red Sea on course 159° true at a speed of 13 knots, Duxbury Bay was overtaken by the Soviet merchant vessel Polotsk. Polotsk maneuvered from a position of about 500 yards on the port quarter of Duxbury Bay to within 230 yards off her port beam and then cut sharply across the bow of the United States Navy ship, clearing by a mere 10 yards. Polotsk, thereafter, continued drawing ahead to a position of about 2,000 yards on the starboard bow of Duxbury Bay.

These radical maneuvers of Polotsk were in clear and flagrant violation of Rule 24 of the International Rules for Preventing Collisions at Sea in that Polotsk, as the overtaking ship, did fail to keep clear of the Duxbury Bay which was the privileged overtaken ship.3 On the contrary, Polotsk created serious imminent risk of collision, jeopardizing the safety of the ship and the lives of the crew on board Duxbury Bay. The navigational situation, moreover, was aggravated by the presence of the West German Tug and Tow (Surabaya-1) in the vicinity which restricted and hampered maneuvering room of Duxbury Bay.

Despite the dangerous and unlawful actions of the Soviet ship Polotsk against Duxbury Bay, the United States naval ship at all

1 Department of State Bulletin, Oct. 5, 1964, p. 482.

* See the convention of June 10, 1948, on Safety of Life at Sea; TIAS 2495; 3 UST 3450; 164 UNTS 113.

'See the International Regulations, approved at London, May 17-July 17, 1960, for Preventing Collisions at Sea; TIAS 5813; 16 UST 794.

times complied with the International Regulations for Preventing Collisions at Sea, 1948, and successfully avoided collision.

The Government of the United States, protesting the illegal actions of the Soviet merchant vessel Polotsk which hazarded the safe navigation of Duxbury Bay, requests that the Government of the Union of Soviet Socialist Republics undertake all necessary and appropriate measures to ensure compliance in the future by Soviet vessels with the International Regulations for Preventing Collisions at Sea.

Document VI-24

The July 15, 1964 (U.S. Merchant Vessel SS Sister Katingo) Incident (Novorossisk Area): STATEMENT READ BY THE DEPUTY DIRECTOR OF THE OFFICE OF NEWS (MCCLOSKEY), DEPARTMENT OF STATE, AT A NEWS CONFERENCE, JULY 17, 1964 +

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The Chargé of the Embassy of the Union of Soviet Socialist Republics, Georgi M. Kornienko, was called to the Department this afternoon [July 17] to receive an oral protest from Acting Secretary for European Affairs Richard Davis regarding an incident involving the United States merchant vessel SS Sister Katingo in the Black Sea.

Mr. Kornienko was informed that according to the report of the ship's master, Artur H. Fertig of Wading [River], Long Island, a dispute over stevedoring charges had been referred to the Ministry of the Merchant Marine in Moscow, where it was confirmed that dif ferences would be arbitrated and the ship would be permitted to sail after discharging its cargo of wheat. Local port authorities at Novorossisk, however, refused clearance and the ship sailed July 15 without permission. A Soviet patrol vessel followed the SS Sister Katingo outside the harbor, and, when the ship failed to heed an order to return to port, a Soviet naval craft fired three rounds across the bow of the ship. The SS Sister Katingo was then boarded, searched, and the captain ordered to pay a fine and sign papers, after which the ship was permitted to continue its voyage to Istanbul.

In making the protest, Mr. Davis noted that, while under international law Soviet authorities may have been within strictly legal rights in the particular circumstances to pursue, board, and search this vessel, the methods employed by the Soviet authorities were excessive and clearly outside the norms of acceptable behavior.

The Soviet authorities were requested to undertake measures to prevent a repetition of this incident.

'Department of State Bulletin, Aug. 3, 1964, pp. 145–146.

Document VI-25

Soviet Protest Against Alleged Dangerously Low Overflights of Soviet Vessels by United States Aircraft: NOTE FROM THE SOVIET FOREIGN MINISTRY TO THE U.S. EMBASSY IN MOSCOW, AUGUST 3, 19645

Unofficial translation

The Soviet passenger ship "Gruziya," bound for Cuba with passengers on board, July 18 on the Atlantic Ocean, at 32°12′ north latitude, 62°32′ west longitude, was subjected to an overflight by dangerously low flying aircraft with identifying marks of military aircraft No. 151349. Continuous overflights of the Gruziya continued from 1515 hours to 1710 hours. On 19 July at 29°2′ north latitude, 70°7' west longitude, the Gruziya was again subjected to overflights by the same aircraft from 1652 hours to 1734 hours. On 21 July at 0145 hours at 35°34′ north latitude, 79°28' west longitude, the U.S. naval vessel Kretchmer (U.S. 329) approached the Gruziya and until 0307 hours maneuvered around the Soviet ship and not only interfered with the movement of the Gruziya but created a threat of collision, subjecting the lives of the passengers to danger. Such inadmissible activities by American military aircraft and vessels in connection with Soviet passenger and transport vessels are being carried out in international waters in various parts of the world-the Pacific, Atlantic, Mediterranean, North and other seas.

Thus on 18 June a four-motored U.S. military aircraft No. 150609 made lowlevel flights over the diesel-electric ship "Lena" in the Atlantic, 29°40′ north latitude, 56°00' west longitude. American military aircraft numbered 147951, 148356, 141242, 145907 and 145904 made repeated overflights of the Soviet passenger ship "Pobeda" from 23 through 30 June in the Atlantic.

Two American military aircraft, 136605 and 136037, on 27 June made overflights of the ship "Frunze" at a height of 50 meters in the North Sea at 37°40' north latitude and 8°55′ east longitude. On July 8 U.S. military aircraft No. 8921-794 repeatedly flew at a low level over the Soviet steamer "Dubna," located in the Pacific Ocean at 29°13′ north latitude and 131°44′ east longitude.

On 16 July the steamer "Dolinsk," located in the Mediterranean Sea 36°50' north latitude, 12°45′ west longitude, was subjected to overflight by U.S. military aircraft No. 131529, which for 30 minutes flew over it at a dangerously low altitude.

18 July U.S. military aircraft No. 140160 made repeated overflights of the Soviet ship "Kamenets-Podolsk" in the Japan Sea at 44°14' north latitude and 137°38' east longitude.

As is well known, the Soviet Government already has called the attention of the U.S. Government to the inadmissibility of such actions. However, the abovementioned and many other facts demonstrate that U.S. authorities have not taken the necessary measures to stop these dangerous and provocative actions although it would seem the U.S. should be no less interested than the U.S.S.R. and other countries in the preservation of the principle of free and secure navigation on the open seas.

The Soviet Government protests against the aforementioned actions of U.S. military aviation and expects that necessary measures toward cessation of such actions which disturb the freedom of the seas in international waters and which can lead to serious consequences will be undertaken by the U.S. Government.

* Ibid., Oct. 5, 1964, pp. 484–485.

Document VI-26

The April 9, 1964 (Soviet Merchant Ship Polotsk and the U.S. Navy Seaplane Tender Duxbury Bay) Incident (Southern Red Sea Area): NOTE FROM THE SOVIET EMBASSY IN WASHINGTON TO THE U.S. DEPARTMENT OF STATE, August 5, 1964 o

Unofficial translation

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The Embassy of the Union of Soviet Socialist Republics presents its compliments to the Department of State of the United States of America and, referring to the latter's note dated April 22, 1964,' has the honor to state the following.

As a result of a thorough investigation conducted by competent Soviet organizations, it has been determined that the American naval vessel Duxbury Bay (No. 38) sailed through the Suez Canal in the same group with the Soviet merchant vessel Polotsk and followed it into the Red Sea in a southern direction not far from it within range of visibility for a distance of five to ten miles. On April 9, 1964 at 1200 hours noon Moscow time the American naval vessel approached the Polotsk to starboard and astern and followed it at a distance of less than one mile on a parallel course. At 1300 hours, when the Soviet vessel Polotsk was at a point 13°48′ N. Lat. and 42°55′ E. Long., the American naval vessel caught up with the Polotsk and held on a parallel course to starboard and to the stern [of the Soviet vessel] at a distance of 100 to 200 meters for 20 to 30 minutes. After this, performing a dangerous maneuver, the vessel passed the Polotsk at a distance of 30 meters from the stern and crossed over to port and began to gain distance.

The captain of the Soviet vessel Polotsk notified the proper Soviet organizations of this incident and informed them that the Polotsk did not change its course or its speed, being in the position of a vessel about to be overtaken, and acted strictly in accordance with the International Regulations for Preventing Collisions at Sea. This has been confirmed by the course chart and entries in the ship's log and engine log, and other documents.

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The reference to difficulties in maneuvering by the Duxbury Bay which ostensibly occurred as a result of the presence in the immediate vicinity of the West German vessel Surabaiya-1 cannot be accepted because the towed floating dock Surabaiya-1, as has been determined, was at that time at a distance of five or six miles and therefore could not have complicated the situation.

In connection with the above the Embassy rejects the protest of the Department of State on this issue of the alleged irregular action of the Soviet merchant ship Polotsk as unfounded.

At the same time the Embassy considers it necessary to invite the attention of the Department of State to a whole series of other cases where the activity of naval vessels of the U.S.A. maneuvering in dangerous proximity to Soviet vessels has created a threat to human life and to the safety of ship navigation.

On April 25, 1964 at 1100 hours local time at a point 19°50′ N. Lat. and 75°11′ W. Long. an American war vessel with the marking WBV approached the Soviet merchant vessel Leonid Leonidev to within a distance of 60 meters and, maneuvering in dangerous proximity to it, asked for the port of loading and other information.

On May 28, 1964 at 0430 hours Moscow time a patrol vessel of the U.S. Navy (No. 1033) at a point 25°11′ N. Lat. and 79°5′ W. Long. approached to a distance of less than 100 meters from the Soviet passenger steamer Turkmeniya and repeatedly lit up the hull and the captain's bridge of the vessel with a powerful searchlight, blinding the navigating personnel and creating a danger of collision. On June 1. 1964 from 0100 hours to 1320 hours local time at a point 57°21′ N. Lat. and 150°28′ W. Long. the Stories, a vessel of the U.S. Coast Guard (No. 38), executed dangerous maneuvers close to the Soviet whaling mother ship Dalni

Vostok, cutting across its course and approaching to within 50 meters of the Soviet vessel.

Inviting the attention of the Department of State to these facts, the Embassy hopes that the authorities of the USA will take the proper measures to prevent a repetition of such dangerous and improper acts on the part of American vessels in the future.

Document VI-27

United States Refutation of Soviet Charges of Alleged Aircraft and Shipping Incidents: NOTE FROM THE U.S. EMBASSY IN MOSCOW TO THE SOVIET FOREIGN MINISTRY, SEPTEMBER 15, 19649

The Embassy of the United States of America acknowledges the receipt of the note of the Soviet Ministry of Foreign Affairs dated August 3, 1964.10

The Embassy has been instructed by the United States Government to inform the Soviet Ministry of Foreign Affairs that the investigation mentioned in the Embassy's interim note of August 18, 1964 11 of alleged dangerously-low overflights of Soviet vessels by United States aircraft and of charges of dangerous maneuvers by United States vessels in the Ministry's note No. 45 of August 3, 1964 and the Soviet Embassy note No. 24 delivered in Washington August 5, 1964 has been completed.12 The investigations reveal that the Soviet charges are without foundation.

Detailed investigation of each of the Soviet charges found that in no case did American aircraft harass, endanger, or provoke any Soviet ships. The distances maintained by United States aircraft were at all times appropriate and in no instance constituted "dangerously-low overflights." In the one specific charge in the Soviet note of August 3 that two American military aircraft overflew the Soviet vessel "Frunze" at a height of 50 meters on June 27, investigation establishes that the Soviet charge is in error. The two United States aircraft at no time approached closer than an altitude of 500 feet and a lateral range of 3,000 feet. The aircraft did not overfly the "Frunze" nor make any harassing or provocative maneuvers. In the incident in the Soviet note of August 3 involving the Soviet steamer "Dubna" on July 8, it has been established that no United States aircraft were in the area of the alleged incident and furthermore that the aircraft number cited in the Soviet note of August 3 is not a United States Government aircraft number.

Detailed investigation of the shipping incidents protested in the Soviet notes of August 3, and August 5 revealed the following: In the case of the Soviet vessel "Gruziya" on July 21, the American vessel at no time approached closer than 300 yards to the starboard of the vessel nor in any way created a threat of collision. In one incident of April 25 involving the Soviet merchant vessel "Leonid Leonidev"

Department of State Bulletin, Oct. 5, 1964, pp. 483–484.

10 Ante, doc. VI-25.

"Text in the Department of State Bulletin, Oct. 5, 1964, p. 483.

12 Supra.