740.00119 Control (Germany)/12–2045: Telegram

The Chargé in Spain (Butterworth) to the Secretary of State

2573. Embassy received today note dated December 11 from Spanish Foreign Office which because of its implications is herewith transmitted in translation in full.

“The Spanish Government believes that the scope of that communication cannot be other than an invitation to exercise the right of expulsion pertaining to it as a sovereign nation, with regard to persons might be considered dangerous for the peace of the nation and its good relations with the Allied countries. Under such an understanding, the Spanish Government is pleased to state that, for the sake of these good relations and the concord and perfect understanding which it desires should exist with the United States, it is willing, in principle, to take into consideration such indications and to put them into practice with the best good will, seeking the most adequate formula for that purpose.

“Accordingly after adopting that line of conduct the Spanish Government has considered that it was its concern to notify the German officials and nationals that the Control Committee, acting as the Government of Germany, orders them to return to their country and, to this effect, it has hastened to transmit such notification to them. As to the results of this action, it can at once inform the Embassy that a part of the persons concerned are already willing to comply with the summons, both among those who formed part of the official representation of the German Government as well as among those who held a secondary position in the tasks entrusted to them. In view of this, the Spanish Government is disposed to authorize the travel of those to be repatriated.

“As soon as the note under reference was received the antecedents of each of the persons included in the corresponding lists were examined. The result of such examination has been to verify that in fact there are groups of persons whose presence in Spain is not justified and against whom it is right that expulsion orders be issued. The examination reveals, on the other hand, that there are some persons who have resided in Spain for many years and can be considered as incorporated in Spanish life. With regard to such cases, requiring a greater attention and a more careful study, the Spanish Government will request a specific statement of the accusations which there may be against them. Thus without prejudice to additions resulting from [Page 820] a study of each one of the cases, the Spanish Government considers that the repatriation can be carried out as from this date of the persons included on the attached list who as indicated are, in part, those on whom the order of expulsion from national territory falls and in part other persons who, in compliance with the request of the Allied Control Council, have decided to place themselves at its orders and return to their country. Accordingly, accepting the indication contained in the note which is now being answered that the repatriation and the transportation be organized by the Allied authorities, the Spanish Government deems it opportune that the Embassy take the necessary steps to carry out the travel of the persons included in that list.

“The Spanish Government, having accepted the legal capacity of the Allied Control Council to act as the Government of Germany and having acceded in that concept to the invitation which was made, in the name of the latter by the Embassy of the United States, it concerns the Allied powers acting in representation of the aforesaid Control Council, to meet not only the repatriation expenses but also the expenses connected with the internment of the German subjects who find themselves in such situation as a result of the requests of the Embassy and other Embassies of the Allied countries and particularly of those who have been concentrated at Sob, Caldas de Malavella and Molinar de Carranza especially in view of fact that the charity funds which for this purpose were in possession of the extinct diplomatic representation of Germany have been delivered to those Embassies. With that there will be met the urgent need for settling the debts contracted for this reason from the time that aforesaid German diplomatic representation suspended payments thus creating a complicated situation threatening to become more acute if there is not carried out the total and immediate repatriation of those internees aspiring to be repatriated, which internees would like on the other hand to engage in public works which would permit them to support themselves collectively, a matter in which the Spanish authorities see no difficulty.”

Repeated to London as 707 and London please repeat to Berlin as our 86 and by pouch to Lisbon.

Butterworth