Oswald’s letter does not seem to have been designed to ingratiate him with the Embassy officials. It starts by incorrectly implying that he had written an earlier letter that was not answered, states that he will return to the United States only if he can first “come to some agreement” on there being no legal charges brought against him, and ends with a reminder to the officials at the Embassy that they have a responsibility to do everything they can to help him, since he is an American citizen.[C6-252]
The Embassy’s response to this letter was to invite Oswald to come personally to Moscow to discuss the matter.[C6-253] Oswald at first protested because of the difficulty of obtaining Soviet permission.[C6-254] He wrote two more protesting letters during the following 4 months,[C6-255] but received no indication that the Embassy would allow him to handle the matter by mail.[C6-256] While the Department of State was clarifying its position on this matter,[C6-257] Oswald unexpectedly appeared in Moscow on Saturday, July 8, 1961.[C6-258] On Sunday, Marina Oswald flew to Moscow,[C6-259] and was interviewed by officials in the American Embassy on Tuesday.[C6-260]
The Commission asked the Department of State and the Central Intelligence Agency to comment on whether the Oswalds’ travel to Moscow without permission signified special treatment by the Soviet Union. From their responses, it appears that since Marina Oswald possessed a Soviet citizen’s internal passport, she did not require prior approval to make the trip.[C6-261] Although Soviet law did require her husband, as the holder of a “stateless passport,” to obtain advance permission for the trip, his failure to do so would not normally have been considered a serious violation. In this respect, the CIA has advised the Commission as follows:
OSWALD’S travel from Minsk to Moscow and return in July 1961 would normally have required prior authorization. Bearers of a Soviet “passport for foreigners” (vid na zhitelstov v. SSSR dlya innostrantsa) are required to obtain travel authorization from the Visa and Registration Department (OVIR) (or Passport Registration Department (PRO) in smaller towns) if they desire to leave the city (or oblast) where they are domiciled. This same requirement is believed to apply to persons, such as OSWALD, holding Soviet “stateless passports” (vid na zhitelstvo v. SSSR dlya lits bez grazhdanstva).
The practicality of even “unauthorized” travel was demonstrated by events related by a United States citizen who defected in 1960, and subsequently was sent to Kiev to study. After repatriating this defector told U.S. authorities he had made a total of seven unauthorized trips from Kiev during his stay in the USSR. He was apprehended on two of his flights and was returned to Kiev each time, the second time under escort. On both occasions he was merely reprimanded by the deputy chief of the institute at which he was studying. Since Marina had a Soviet citizen’s internal passport there would have been no restrictions against her making the trip to Moscow.[C6-262]
The answers of the Department of State, together with the Commission’s specific questions, are as follows:
B. Could resident foreigners normally travel in this manner without first obtaining such permission?
Answer—There are only a few U.S. nationals now living in the Soviet Union. They include an American Roman Catholic priest, an American Protestant minister, a number of correspondents, some students and technical advisers to Soviet businesses. We know that the priest, the minister, the correspondents and the students must obtain permission from Soviet authorities before taking any trips. The technical advisers notify officials of their project before they travel and these officials personally inform the militia.
C. If travel of this type was not freely permitted, do you believe that Oswald normally would have been apprehended during the attempt or punished after the fact for traveling without permission?
Answer—Based on the information we have, we believe that if Oswald went to Moscow without permission, and this was known to the Soviet authorities, he would have been fined or reprimanded. Oswald was not, of course, an average foreign resident. He was a defector from a foreign country and the bearer of a Soviet internal “stateless” passport * * * during the time when he was contemplating the visit to Moscow to come to the Embassy * * *
The Soviet authorities probably knew about Oswald’s trip even if he did not obtain advance permission, since in most instances the Soviet militia guards at the Embassy ask for the documents of unidentified persons entering the Embassy grounds * * *
An American citizen who, with her American citizen husband, went to the Soviet Union to live permanently and is now trying to obtain permission to leave, informed the Embassy that she had been fined for not getting permission to go from Odessa to Moscow on a recent trip to visit the Embassy.
D. Even if such travel did not have to be authorized, do you have any information or observations regarding the practicality of such travel by Soviet citizens or persons in Oswald’s status?
Answer—It is impossible to generalize in this area. We understand from interrogations of former residents in the Soviet Union who were considered “stateless” by Soviet authorities that they were not permitted to leave the town where they resided without permission of the police. In requesting such permission they were required to fill out a questionnaire giving the reason for travel, length of stay, addresses of individuals to be visited, etc.
Notwithstanding these requirements, we know that at least one “stateless” person often traveled without permission of the authorities and stated that police stationed at railroad stations usually spotchecked the identification papers of every tenth traveler, but that it was an easy matter to avoid such checks. Finally, she stated that persons who were caught evading the registration requirements were returned to their home towns by the police and sentenced to short jail terms and fined. These sentences were more severe for repeated violations.[C6-263]
When Oswald arrived at the Embassy in Moscow, he met Richard E. Snyder, the same person with whom he had dealt in October of 1959.[C6-264] Primarily on the basis of Oswald’s interview with Snyder on Monday, July 10, 1961, the American Embassy concluded that Oswald had not expatriated himself.[C6-265] (See app. XV, [pp. 752-760].) On the basis of this tentative decision, Oswald was given back his American passport, which he had surrendered in 1959.[C6-266] The document was due to expire in September 1961,[C6-267] however, and Oswald was informed that its renewal would depend upon the ultimate decision by the Department of State on his expatriation.[C6-268] On July 11, Marina Oswald was interviewed at the Embassy and the steps necessary for her to obtain an American visa were begun.[C6-269] In May 1962, after 15 months of dealings with the Embassy, Oswald’s passport was ultimately renewed and permission for his wife to enter the United States was granted.[C6-270]
The files on Oswald and his wife compiled by the Department of State and the Immigration and Naturalization Service contain no indication of any expert guidance by Soviet authorities in Oswald’s dealings with the Department or the Service. For example, the letters from Minsk to the Embassy in Moscow,[C6-271] which are in his handwriting,[C6-272] display the arrogant attitude which was characteristic of him both before and after he lived in Russia, and, when compared with other letters that were without doubt composed and written by him,[C6-273] show about the same low level of sophistication, fluency, and spelling. The Department officer who most frequently dealt with Oswald when he began negotiations to return to the United States, Richard E. Snyder, testified that he can recall nothing that indicated Oswald was being guided or assisted by a third party when he appeared at the Embassy in July 1961.[C6-274] On the contrary, the arrogant and presumptuous attitude which Oswald displayed in his correspondence with the Embassy from early 1961 until June 1962,[C6-275] when he finally departed from Russia, undoubtedly hindered his attempts to return to the United States. Snyder has testified that although he made a sincere effort to treat Oswald’s application objectively, Oswald’s attitude made this very difficult.[C6-276]
In order to leave Russia, it was also necessary for the Oswalds to obtain permission from the Soviet Government. The timing and circumstances under which the Oswalds obtained this permission have also been considered by the Commission. Marina Oswald, although her memory is not clear on the point, said that she and Oswald first made their intentions to go to the United States known to Soviet officials in Minsk in May, even before coming to Moscow in July for the conference at the American Embassy.[C6-277] The Oswalds’ correspondence with the Embassy and the documents furnished the Commission by the Soviet Government show that the Oswalds made a series of formal applications to the Soviets from July 15 to August 21.[C6-278] Presumably the most difficult question for the Soviet authorities was whether to allow Marina Oswald to accompany her husband. She was called to the local passport office in Minsk on December 25, 1961, and told that authority had been received to issue exit visas to her and Oswald.[C6-279] Obtaining the permission of the Soviet Government to leave may have been aided by a conference which Marina Oswald had, at her own request, with a local MVD official, Colonel Aksenov, sometime in late 1961. She testified that she applied for the conference at her husband’s urging, after he had tried unsuccessfully to arrange such a conference for himself.[C6-280] She believed that it may have been granted her because her uncle with whom she had lived in Minsk before her marriage was also an MVD official.[C6-281]
The correspondence with the American Embassy at this time reflected that the Oswalds did not pick up their exit visas immediately.[C6-282] On January 11, 1962, Marina Oswald was issued her Soviet exit visa. It was marked valid until December 1, 1962.[C6-283] The Oswalds did not leave Russia until June 1962, but the additional delay was caused by problems with the U.S. Government and by the birth of a child in February.[C6-284] Permission of the Soviet authorities to leave, once given, was never revoked. Oswald told the FBI in July 1962, shortly after he returned to the United States, that he had been interviewed by the MVD twice, once when he first came to the Soviet Union and once just before he departed.[C6-285] His wife testified that the second interview did not occur in Moscow but that she and her husband dealt with the MVD visa officials frequently in Minsk.[C6-286]