Foreign Relations of the United States, 1950, Central and Eastern Europe; The Soviet Union, Volume IV

264.1111 Vogeler, Robert A./5–2450: Telegram

The Acting Secretary of State to the Legation in Hungary ¹

secret
priority

Washington, May 24, 1950—7 p. m.

226. Ur 325 May 16 and 324 May 15.² This and immed fol tel provide background comments for urinfo on questions arising from current negots for Vogeler’s release together with substance of replies which you are authorized communicate Hung FonOff soonest.³

In Dept’s view, note on reopening consulates and removal travel ban shld omit reference performance US consular functions or treatment US cits in Hung. Believe inclusion qualifying statements wld provoke inconclusive argument and wld jeopardize Vogeler’s chances release. Hungs wld probably interpret such references as reservations or conditions and, for prestige reasons, reject note as unsatis. On other hand, fol Vogeler’s safe arrival US Zone Aust, we wld be disposed, for purposes insuring clear public understanding our action and effectively counteracting Hung propaganda, to state publicly (1) that Hung consular offices, which are being allowed reopen, will be permitted function so long as US consular reps in Hung are free perform their functions accordance internatl practice and provisions consular treaty and (2) that passports private US cits will again be validated for travel Hung so long as US cats in Hung are not subjected arbitrary detention and deprivation their fundamental rights and are permitted access, in event arrest, to US consular reps.

In accordance foregoing, you are authorized communicate note Hung FonOff along fol lines: “Upon the release of Mr. Robert A Vogeler by the Hung auths and his safe arrival in the US Zone of Aust, the Govt of the US (1) will approve the reopening of Hung consular establishments in NYC and Cleveland, Ohio, and (2) through its appropriate agencies, will again validate the passports of private US cits who may wish to travel to Hung”.⁴

Re restitution, we remain willing expedite delivery Hung goods in US Zone Ger which have been found available for restitution, but we are not prepared in connection Vogeler case to enter into detailed discussion or to bargain with Hungs on questions such as availability or eligibility of particular items property or entry of restitution mission, which are clearly matters for US determination under Art 30 Peace Treaty and on which we have had settled policy for many months. However, we are prepared furnish Hungs with complete list of goods available for restitution and, upon Vogeler’s safe arrival US Zone Aust permit two Hung reps enter Ger for purpose receiving that property.

In line above considerations, separate note to Hung FonAff re restitution shld, without referring Vogeler, state in substance that US Govt is prepared, as of date to be agreed upon informally by Hung MinFonAff and US Min, to facilitate delivery of all Hung goods in US Zone of Ger which “have been found available for restitution” and to permit two Hung reps to enter US Zone Ger for purpose receiving restituted property and arranging for its transportation. Note shld further state that, meanwhile, complete list of goods which have been found available for restitution is being prepared and will be furnished Hung Govt for its info. You may inform FonOff orally that abovementioned date to be agreed upon is understood to be date on which Vogeler arrives US Zone Aust.⁵

Webb

1. This telegram was repeated to London, Vienna, and Frankfort.
2. Telegram 324 is printed supra; regarding telegram 325, not printed, see footnote 5, thereto.
3. In his telegram 349, May 26, from Budapest, not printed, Minister Davis reported that he had that day delivered to Hungarian Undersecretary for Foreign Affairs Berei two notes and several aide-mémoire covering the statements authorized by the Department in this and the next following telegram. Berei expressed the view that progress had been made and a solution appeared to be possible (264.1111 Vogeler, Robert A./5–2650).
4. A copy of the text of the Legation’s note No. 143, May 26, incorporating the language authorized here and delivered to the Hungarian Foreign Ministry that day, was transmitted to the Department of State as enclosure 1 to despatch 549, May 26, from Budapest, not printed (264.1111 Vogeler, Robert A./5–2650).
5. Copies of the Legation’s note No. 144 and two Legation aide-mémoire, incorporating the views and language regarding restitution authorized here and delivered to the Hungarian Foreign Ministry that day, were transmitted to the Department of State as enclosures 2, 3, and 6 to despatch 549, May 26, from Budapest, not printed (264.1111 Vogeler, Robert A./5–2650).