The Secretary of State to Mr. Alexander C. Kirk, United States Political Adviser to the Supreme Allied Commander, Mediterranean Theater ( Morgan )
86. Dept has been discussing with BritEmb question of issuing parallel directives to Brit and Am Commanders AFHQ relative to interpretation of Yalta agreement for repatriation of Sov, US and Brit citizens. BritGov has not yet decided whether it can accept in its entirety US directive on this question, which is already in effect in USFET and USFA areas. (See infotel Dec. 21, 9 a.m.60)
US directive to USFET and USFA (urtel 168, Feb. 1261) re handing over by force of Sov citizens who voluntarily rendered aid and comfort to enemy is as follows: Such persons should be repatriated without regard to their wishes and by force if necessary where SovGov satisfies US military authorities of substantiality of charge by supplying in each case, with reasonable particularity, time, place and nature of offense and perpetrator thereof. Announced resistance of such person to repatriation or fact that he accepted ordinary employment in German or Italian industry or agriculture shall not of itself be considered as rendering comfort and aid to enemy.