Document Type: 
Document Number (FOIA) /ESDN (CREST): 
Release Decision: 
Original Classification: 
Document Page Count: 
Document Creation Date: 
November 9, 2016
Document Release Date: 
December 22, 1998
Sequence Number: 
Case Number: 
Publication Date: 
January 11, 1947
Content Type: 
PDF icon CIA-RDP82-00457R000300560007-4.pdf183.38 KB
25X1A2g CIA-RDP82-00457R0003#~T7-4 CENTRAL INTELLIGENCE -GROUP INTELLIGENCE: REPORT 1'1.V+luvrk ICn By: D. A3: _ COUNTRY it r/kIstria SUBJECT The Optants Q Questio 25X1A6a ORIGIN 25X1X6 This do umc'nt is hereby regrad CCs:.>~; 'i.1 rccordar the lett' r c; 'i 3 Ccoi -c- from the D~:cctc- cE C~ rate!!;gence to the Arciaivis1 o 1Jn ted States. ,eview Gate: 2038 25X1A2 DATE: 25X1 X6 INFO. - DST 34 February 3-947 PACES 2 SUPPLEMENT 4 In eospali.anee with a Tirol request from the Austrian Foreign to ister, Dr. Gruber, that the SYP (South li r+ol Volk:apartel) submit proposals for the settlement of the optants a question, Dr. Tizaz1 of the SVP prepared draft proposals which will shortly be submitted to the Action Committee of the SVP for approval be- fore transmission to Gruber. 2. In his preliminary rem ks Tinzl gives the reasons why the Austrian Govern- ment cannot recognize the Hitler-Mussacal ini Agreement of 23 June 19390 However., since this Agreement was implemented in part,, there is according to Tinzl need for the regulation of the resulting situation and particularly for the settle- ment of the nationality of the opta.ute for Germa ,, Tinzl then goes on to make the following proposals : (a) Those optante for Germany, who never received German nation- ality and who have' retained their Italian domicile, should remain Italian subjects, provided they do not expressly de- clare that they wish their option for Germany to stand. (b) Optants for Germ, who never received German nationality but who acquired a domicile outside Italy, can remain Ital- ian citizens, provided they expressly declare their wish to do no. If they do nit, give this declaration, they lose their Italian nationality. (e) Optants for German, who received German nationality but have remained domiciled in Italy, can reacquire their Italian na- tionality,, provided they declare their option null and void and relinquish any other nationality they may have acquired. (d) Optante for Geermana', who received German nationality and ecquired a domicile outside Italy, can reacquire Italian nationality, provided they (a) declare their option null. and void and relinquish any other nationality they may have acquired, and (t reestablish their domicile in Italy. No obstacle is to be placed in the way of their returning to Italy, Approved For Release 1999/09/08 : CIA-RDP82-00457R000300560007-4 coaWzha NTIAL 25X1 A2g (e) (f) Katives of South Tirol, who have acquired a domicile outside Ttaly and who have also acquired Austrian nationality or the nationality of any of the Austrian secession States, and those-Austrian nationals or nationals of Aumtrrian secession State, who were domi- ciled in South Tirol on 23 June 1939 but had to give this doaioile up as a result of the Hitler-Muovolini. Agreement, may reestablish their Italian domicile, provided they r are presently domiciled in Austria. The acquisition of German nationality as the result of the German ahntion of Austria or of foram Austrian territory should not pre judito this right o The Italian Government may object to the retention oar reacquisition of Italian nationality in the following cases s (1) Personset, domiciled in %uth Ti l who have been sentenced by an Italiah or Alliedj,court as war criminals, culpable collaborationists, for some ijor crime, for brutality or acts of persecution to the detriment of Italian or Allied citi- zens, ate.; (2) Persona domiciled outside Italy whtb have been. adutenced for similar crimen by sa foreign courtQ Cases under this heading are to be decided by a Mixed Gosamiasion composed of seven members. tae Chairman to be at least an appeal judge; the other members to be half Italians and half Gerr n-speaking louth Tirolese, an domiciled in South Tiaol. Refusal to grant Italian nationality in aiy such cases shall not extend to the wife and children under age of the person in question, nor aht,ll it entail expulsion from Italy or lose of fortune 3, Dr. Tivelss draft container further provisions concerning the time- limits within which the declaratio::a envisaged in his proposals shall be made,, the manner in which the. declarations shall be executed,, and to whom they shUl be do livered, etc CONFIVINTI .L Approved For Release 1999/09/08 : CIA-RDP82-00457R000300560007-4