865.4016/120: Telegram
The Chargé in Italy (Reed) to the Secretary of State
[Received December 9—3:05 p.m.]
367. Department’s 122, December 3, 5 p.m., and my 359, December 5, 5 p.m. The press yesterday published a communiqué issued by the Ministry of the Interior to the effect that all petitions to the Ministry requesting rulings in connection with the application of the Decree Law of November 1743 for the defense of the law (copy transmitted with Embassy’s despatch No. 1174, November 2544) should be submitted by the interested parties through the local prefectures.
We are receiving from interested American citizens requests for advice as to whether they should follow this procedure especially with [Page 605] respect to seeking permission to remain in Italy and authorization to retain Italian servants in their employ. This presents a difficult dilemma. If we advise them to present their petitions in the manner prescribed this would seem to entail implied acquiescence in Italian racial distinctions on their part at least if not on ours. If we advise them against doing so they will naturally look to the Embassy to present their cases to the Italian authorities, a procedure which it will be recalled was suggested by the Minister for Foreign Affairs in his note of October 17 but which I hesitate to continue adopting for the reason set forth in my No. 359. The alternative would appear to be to withhold advice, to await a positive act by the authorities such as rejection of a petition if filed by the interested party, service of an expulsion order or a notice to discharge servants, and then for the Embassy to protest demanding nondiscriminatory treatment. Please instruct.