From: Bonn/ FA ref O. BO2638 (Dept of Immigration)

Date: 31.03.94 @ 9:47 ó by Telex

IN CONFIDENCE

From file 801/5/2/1     92/1338

FOR DIEA (ENTRY LIASON, VLS, CANBERRA) AND SCORPION

Further to Reftel, Paras 2-5 on the 1990 Federal Entry ban on David Irving in Germany, the Bundesamt für Verfassungsschutz (Federal Office for the Protection of the Constitution) forwarded us the following information via liaison (Embassy Translation). In effect it confirms our previous advice that, while Irving did not commit any offence, it was his clear intention to avoid the effect of the Minister's decision.

Irving was formally expelled from Germany on 9 November 1993. The expulsion order was handed to him in his hotel in Munich. Therefore he knows that he is no longer permitted to enter Germany.

The direction to turn him back at the border, dated 9 March 1990, was not an entry ban directed towards him, but simply an internal instruction to border control authorities. It was not officially communicated to either him or people in his circle. Since he was turned back at the German-Netherlands border at least once, he must have known that the border control authorities had such an instruction. The fact that he did not turn back, but travelled on to the next border crossing and entering at that point, in our opinion leads to the conclusion that he wanted to circumvent the instruction to turn him back.

XC O.B02663 0921 31.03.94

Note: THE ALLEGATION that Mr Irving was ever "turned back" at the German-Dutch border is completely untrue. The Bundesamt has not replied to his letter of protest, in which he demanded a retraction of this lie.