865.4016/9–2347: Telegram
The Secretary of State to the Legation in Austria
917. Vienna’s 1057 Oct 17, rptd Berlin as 83, Rome as 48; Berlin’s Desp 10983 Sept 23 and Tel 3392, Oct 21, sent Vienna as 74, rptd Rome as 59; Rome’s 3373 Oct 23 sent Vienna as 50 rptd Berlin as 66.75 In dealing with question registration South Tyrolean optants raised by Austrian Govt in note verbale Oct 4,76 Dept proposes to send communications to both Austrian and Ital Govts.
We feel repatriation South Tyrolean optants should be carried out if this is agreed by Austrian and Ital Govts in current negotiations re implementation Agreement Sept 5, 1946, or if Ital Govt otherwise agrees to their reception. Dept believes, however, optants in US zone Germany should not be registered until such agreement lest false expectations be aroused with resulting unrest. Since eventual repatriation would be entirely voluntary in character no reason is seen for unnecessary hardship provided that transferred optants obtain same privileges as established German-speaking residents South Tyrol (Berlin’s Desp 10983). Communication to Ital as well as Austrian Govt desirable in order to indicate although US does not envisage [Page 1224] registration at this time, US does take an interest in equitable solution problems connected with implementation Sept 5 Agreement.
Following is text note drafted from foregoing standpoint to be sent Austrian Leg here:
“The Dept of State has been informed that the American Leg in Vienna has received from the Austrian Federal Govt a note verbale dated Oct 4 requesting transmission of a communication to the Bavarian Govt by way of United States Military authorities in Munich concerning registration by the Bavarian authorities of South Tyrolean optants now resident in Bavaria.
“In the consideration of this matter the Dept of State has borne in mind the circumstances under which such optants were transferred from the Bolzano Province and the neighboring bilingual townships of the Trento Province in Italy pursuant to the Hitler-Mussolini Agreement of 1939. It is also recalled that Paragraph III (a) of the Provisions Agreed upon by the Austrian and Italian Governments on September 5, 1946, incorporated as Annex IV to the Treaty of Peace with Italy, states that the Ital Govt will, in consultation with the the Austrian Govt, deal with the optants’ question ‘in a spirit of equity and broadmindedness.’
“The Dept of State subscribes in principle, therefore, to the repatriation of those optants who as residents of the South Tyrol were subjects of the Austrian-Hungarian monarchy prior to the cession of this territory to Italy in 1919, or are immediate kin of such persons, with the exception of those regarded as objectionable on account of their Nazi activities, and who now wish to return, provided that the necessary arrangements may be worked out for their reception in the Bolzano and Trento Provinces. In the view of this Govt the language of Paragraph III (a) of the aforementioned Agreement of Sept 5, 1946, indicates that Austria is recognized by the signatories to the Ital Treaty as having a participating interest in the liquidation of the entire problem created by the population transfers under the Hitler-Mussolini Agreement of 1939.
“In so far as optants in the US zone in Germany are concerned, the Dept of State is convinced that it is not desirable for administrative reasons to register these persons for repatriation until the Austrian and Ital Govts have settled all questions in their current negotiations on the means to give effect to Paragraph III (a) of the Agreement of Sept 5, 1946.
“In connection with the note verbale of Oct 4, the Dept of State wishes to point out that since the Govts of the German Laender are forbidden by quadripartite decision to participate in foreign relations, communications involving possible action by the Laender authorities in the US zone of Germany should be addressed by foreign Govts to the US Military Govt in Germany.”77
Above text would be sent Italian Emb mutatis mutandis with omission final para and transposition fourth para immediately after first para.
Your comments requested.
Sent Vienna as 917; Berlin as 2252; and to Rome as 2306.
- None of the messages under reference here is printed.↩
- The note verbale under reference here was reported upon in telegram 1057, October 17, from Vienna, not printed. The text of the note verbale was transmitted to the Department as an enclosure to despatch 3459, October 20, from Vienna, neither printed (865.4016/10–2047).↩
- Telegram 1244, December 5, from Vienna, not printed, reported receipt of a note from the Austrian Foreign Ministry dated December 2 replacing the note of October 4. The new note of December 2 was to the same effect as the note it replaced except that a modification of form and phraseology had been effected to clarify the point that the United States Military Government authorities in Germany were being addressed rather than the Bavarian provincial government (865.4016/12–547).↩