English Translation

Copy ASAST Berlin W 8, 12 September 1942 D III 2772 31 On the report of 12.5.42 -No.28X/7 D Pol 3 Nr.5 Betr.: Baronin Margharita Novelli, Italian Jewess; pension. Basically, it must be maintained that it is determined only according to German legislation, who we consider to be Jews and treat. This is true even if it is a foreign national; to this extent the Italian ideas are undoubtedly unfounded; on the other hand, the withdrawal of a pension entitlement, which was originally legally established, is a practical form of expropriation which directly affects Italian interests. The legal regulations in force, however, do not provide for any different treatment of foreign nationals in the Protectorate, as they do in the Reich. Up to now, there has not been an agreement between the Italian and German Jewish legislation and thus the reason for the uniform application of such property rights. It is therefore a question of the extent to which a concession can be made in an individual case involving the nationals of a friendly State. Such an admission would be possible, for example, if the beatimmunes in force in the Protectorate provide for similar rules, such as the German regulation on the review of dejudgment vents of 10 June 1940, under which, under certain conditions, a binding regulation of the claims arising from the service of a leading contractor may be made by a decision of an arbitration panel. In the event that an agreement would be possible, it would have to be stressed that this does not imply a prejudication of general and fundamental rights, for which the internal regulation is decisive. I ask for further examination and opinion. On behalf of the representative of the Auswirtigen Amt at the Reichsprotektor in Bohemia and Moravia Prague