865.4016/85: Telegram
The Ambassador in Italy (Phillips) to the Secretary of State
[Received October 17—2:48 p.m.]
306. Department’s telegram No. 96 of October 3. The following is a translation of the Italian Government’s reply: [Page 595]
“In reply to your letter of October 4, 1938, I have the honor to communicate to you the following:
As you are aware the measures adopted by the Fascist Government by Royal Decree Law No. 138 of September 7, 1938 relate to foreigners in general and not only to Jews of American citizenship.
A special treatment accorded to American Jews would constitute an unjust discrimination with respect to other foreign Jews and would moreover be incompatible with the principles underlying the measures in question which are designed to safeguard the race and not to discriminate against special categories of foreigners according to the countries of which they are nationals.
Moreover, the Royal Decree Law of September 7, 1938 conforms entirely with the principles of international law since the legal admission of foreigners to Italian territory does not deprive the Royal Government of the right to expel them in order to safeguard a general and fundamental interest of the state from which is excluded any intention of discriminating against foreigners solely on account of the fact that they are nationals of a particular foreign state.
In any event I desire to assure Your Excellency that in the application of the measures under discussion American Jews will not be treated less favorably than other foreign Jews.
Furthermore, I invite Your Excellency’s attention to the fact that among the provisions adopted by the Fascist Grand Council on October 7th important exceptions for foreign Jews were determined which will naturally be more effective in favor of those Jews who are American citizens.
Finally I may add that a special commission has been set up at the Ministry of the Interior for the examination of individual cases involving Jews of foreign as well as Italian citizenship. This Ministry will not fail to refer to that commission with the greatest solicitude any special case relating to American Jews to which you may consider it opportune to invite its attention.
Accept Excellency, et cetera. Signed Ciano.”