865.4016/1–1648: Telegram

The Secretary of State to the United States Political Adviser for Germany (Murphy)

secret

211. Reurtel 122 Jan 161 and Rome’s 74 Jan 7 rptd Berlin 1 and Vienna 3,2 Dept position concerning repatriation South Tyrol optants from US zone Germany indicated Deptel 917 Nov 7 Vienna rptd Berlin as 2252.3

Language Sept 5 Agreement4 may be construed to extend to optants transferred under Hitler–Mussolini Agreement 19395 to all parts German Reich, including present German areas and Austria. Annex 4 Italian Treaty provides for revision optants question raised by 1939 [Page 1354] Agreement and in our opinion gives Austria as well as Italy an interest in settlement of entire repatriation problem re South Tyrol. Since Tyrolese issue not resolved by plebiscite it is desirable that action in implementation Sept 5 Agreement be taken in broadest spirit understanding and cooperation. Amicable settlement regarded as essential in removing a possible source for political differences between Austria and Italy in order to assure maximum cooperation of ERP countries in all political and economic matters.

Account should be taken of fact that optants constitute special group displaced persons in Germany and may require definite repatriation arrangements not on individual basis as suggested by OMGUS (urtel 122). We repeat, however, (Deptel 2252 Nov 7) that actual repatriation or preparation for repatriation can not be undertaken until Austro-Italian agreement has been obtained through bilateral negotiations.

Text of draft law and record of discussions (Rome’s 3897 Dec 3 rptd Berlin as 81)6 not available in Dept. If consistent with text draft law, Dept recommends reply to Austrians on following lines:

US regards voluntary repatriation from Germany and Austria of Tyrolese optants, excluding those objectionable because of Nazi activities, desirable to rectify situation created by Hitler-Mussolini Agreement 1939, provided such repatriation is agreed in Austro-Italian discussions on implementation Sept 5 Agreement. Prior to satisfactory conclusion Austro-Italian discussions, US considers that arrangements for repatriation by agencies US zone Germany would be premature. If and when satisfactory Austro-Italian agreement is concluded, we will be glad to arrange for implementation in US zone agreed plans for repatriation optants.7

Sent Berlin as 211; rptd Vienna as 98, and Rome as 315.

Marshall
  1. Supra.
  2. Not printed.
  3. Foreign Relations, 1947, vol. ii, p. 1223.
  4. The September 5, 1946, Agreement, which was incorporated in the Italian Treaty of Peace as Annex IV, provided for conversations between Austria and Italy to settle outstanding questions affecting the South Tyrol. For the text of this agreement see Department of State Treaties and Other International Acts Series (TIAS) No. 1648, or 61 Stat. 1245.
  5. The agreement under reference provided for the emigration of German-speaking South Tyroleans to Germany. For a summary of the agreement see Documents on German Foreign Policy, 1918–1945, Series D, vol. vi, Document 562, p. 778.
  6. Not printed.
  7. On January 31, 1948, the Italian Constituent Assembly passed the South Tyrol Autonomy Law.