Foreign Relations of the United States: Diplomatic Papers, 1944, General, Volume I

840.48 Refugees/12–1144

Note From the German Legation in Hungary to the Swiss Legation in Hungary ²⁶

[Translation]

I.

After March 19, 1944, agreements between the Hungarian and German Governments were reached for the settlement of the Jewish question, according to which all Jews residing in Hungary, about whom the Hungarian Ministry of the Interior had issued instructions through the Hungarian police and had received the assistance of the German Security Police, were transferred to Germany with their families for the purpose of working. Under the influence of foreign attacks in the press obviously provoked by the enemy, as well as upon the intervention of several foreign countries and enemies, the former German Administrator in August, 1944, informed the German Government of an agreement, according to which a further transfer of Hungarian Jews to Germany was to cease. At the same time assurance was given that the Jews still remaining in Hungary, especially those in the Budapest area, would be treated according to an internal Hungarian solution in so far as these Jews would likewise be evacuated and concentrated inside Hungary for labor purposes. This assurance has, however, not been carried out because in spite of all efforts to find suitable camps, i.e. camps where a control could be exercised to avoid the recurrence of foreign attacks in the press carried out by international organizations, it was not possible to find appropriate camps. The consequence of this development was that attacks by the foreign press against Hungary effectively stopped, but that on the other hand Hungarian Jewry, especially in the capital Budapest, after some time of intimidation, again developed such a subversive activity directed against the common interests of the allied (Axis) countries, that, already under the Lakatos Government, but particularly after the proclamation of October 15, 1944, of the former Administrator, the Hungarian Jews did not consider themselves bound any longer by the laws concerning Jews issued by the Sztojay Government, left the houses assigned to them and took off the obligatory badges. At the same time the well-known campaign began concerning the protection by several foreign states of individual Hungarian Jews. The fact that measures for the definite solution of the Jewish question were not carried out, and that Hungarian Jewry remained in Hungary, particularly at Budapest, where it could live quite freely, constituted a steadily increasing danger for the fighting allied (Axis) front and hinterland, as was observed by the wholehearted opinion of responsible Hungarian and German circles.

It was only after October 16, 1944, that new negotiations were taken up on the advice of the German authorities with a view to effect a definite solution of the Jewish question in Hungary.

II.

During the carrying out of the measures contemplated after March 19, 1944, and referred to above, particular attention was given by all interested authorities to the question of the treatment of Jews of foreign nationality residing in Hungary, in order to eliminate from the beginning justified complaints on the part of foreign states. Jews who were regularly documented as foreign nationals and in possession of normal foreign passports, were in principle singled out of camps in the country which had been prepared for them with a view to their emigration. These were excluded from the obligation to work in Germany. Insofar as they were nationals of allied, friendly or neutral states, repatriation through their competent foreign representations was made possible for them. Insofar as they were nationals of enemy states or countries which had broken diplomatic relations with Hungary after the outbreak of the war, they were placed in special camps for foreigners under grant of special treatment as accorded ordinary internees of these countries.

III.

However, the possession of foreign nationality by Jews residing in Hungary was only recognized in principle in the way described above, if it could be proved that the Jews concerned legally possessed this nationality prior to March 19, 1944. The acquisition of a foreign nationality by Hungarian Jews after that date could not be considered as valid, because it was obviously contrary to International Law and only resulted in abuse. Since a number of foreign representations in Hungary continued in spite of the foregoing (partly and at times without any valid ground) to issue “provisional” documents to Hungarian Jews and to protect them, these representations soon intervened with the competent Hungarian and German authorities with a view to recognize these naturalizations and obtain their repatriation or emigration. During negotiations between the Sztojay Government and the German Government with regard to these interventions and in consideration of the difficult position of Hungary towards foreign endeavors in this connection, the following was agreed to:

The repatriation or emigration of a limited number of foreign or Hungarian Jews, as well as a further number of so-called “humanitarian” actions in favor of Hungarian Jewry should be permitted or rather made possible under the preliminary condition that Jews still remaining at Budapest would be definitely evacuated. The following points have been agreed upon within the framework of these measures:

1. the possibility of emigration to Sweden by issuance of Hungarian exit visas and German transit visas to approximately four hundred Hungarian Jews who, —according to information of the Swedish Legation at Budapest and on the basis of personal or economic relations with Sweden,—had acquired Swedish nationality after March 19, 1944, by issuance of so-called provisional or protective passports;

2. the possibility of emigration for approximately 7,000 Hungarian Jews who had received immigration certificates to Palestine through the good offices of the Swiss Legation at Budapest;

3. the possibility of emigration to Portugal for nine Hungarian Jews who had received provisional Portuguese passports issued by the Portuguese Legation at Budapest, i.e. the authorization to enter Portugal;

4. the possibility of emigration to Spain to a family of Hungarian Jews consisting of three persons, for whom, in view of personal interest for their persons, the Spanish Government had authorized their entry into Spain;

5. the intended transfer of 1,000 Jewish children to Palestine or to enemy states which, however, has not yet been agreed to, as well as the possibility of sending comfort parcels by foreign organizations to Hungarian Jews working in Germany.

These measures have however not been brought into effect until now, since the preliminary condition forming the basis of their execution—i.e. the evacuation of the Jews at Budapest—has not been carried out until the present.

IV.

Since a definite solution of the Jewish question can be expected without further delay, on the ground of recently instituted negotiations, even inside the city of Budapest, the German Government expressly states that, in view of the measures already instituted by international organizations and to avoid further foreign attacks against Hungary in the press, it has recognized the agreements mentioned above and is willing to carry out the assurances given in due time. The German Legation has therefore been instructed:

1. to render possible the emigration to Sweden by issuance of German transit visas to Hungarian Jews who are the bearers of Swedish protective passports, within the number of 400 persons initially agreed upon. The emigration of other bearers of Swedish protective passports (the Swedish Legation issued over 4,000 such passports despite its original assurance) can not be considered for the time being. However, the German Government is willing, provided the Swedish Government undertake the necessary steps, to institute new negotiations in this connection.

2. to issue German transit visas to 7,000 Hungarian Jews who are in possession of immigration certificates to Palestine and therefore to render their emigration possible. For the time being, only Switzerland can be the temporary destination in view of the present situation. The German Government can not, for questions of principle, agree to a further emigration of Hungarian Jews to Palestine.

3. to render possible the travel to Portugal of the group of Hungarian Jews possessing protective Portuguese passports within the number of nine persons agreed upon by issuing them German transit visas. The German Legation has likewise been instructed to negotiate the issuance of further transit visas to other Hungarian Jews to whom, as is known, the Portuguese Legation at Budapest has issued protective passports and for whose emigration it has asked.

4. to render possible the emigration to Spain of the Jewish family-consisting of three persons by issuance of German transit visas, as requested.

5. to continue the negotiations about further action regarding the emigration of 1,000 Jewish children to Palestine and the sending of comfort parcels.

V.

After carrying out the measures described above, there will only remain in Hungary Jews of foreign nationality, either of enemy countries or such who in spite of possessing protective passports can not be recognized as bona fide nationals of foreign states. As far as their treatment is concerned, the German Government agrees with the frequently expressed standpoint of the Hungarian Government that the remaining Jews, whether they possess foreign nationality or not, are in principle subject to Hungarian Laws and can therefore be included, like all other Jews, in the recently considered measures of concentration issued by the Hungarian Government, for the purpose of working inside Hungary.

Budapest , October 19, 1944.

26. Copy transmitted to the Department by the Chargé in Switzerland in his despatch 10180, December 11, 1944, from Bern; received January 5, 1945.