THE OPTANTS' QUESTION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00457R000300560007-4
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 2
• Document Creation Date: November 9, 2016
• Document Release Date: December 22, 1998
• Sequence Number: 7
• Publication Date: January 11, 1947
• Content Type: IR

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
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ORIGIN
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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