840.4061 Motion Pictures/108: Telegram
The Chargé in Germany (Morris) to the Secretary of State
[Received January 25—9:15 a.m.]
264. With reference to the Department’s telegram number 2998, November 13, 3 p.m.,33 the following reply has now been received to the Embassy’s note of protest.
“The Foreign Office has the honor to inform the Embassy of the United States of America as follows supplementing its note verbale of January 9, 1941, in the question of the treatment of American film property in the occupied western areas.
“In the areas in question numerous films of American origin were found which bear a definitely anti-German character and are therefore subject to seizure under the existing provisions of criminal law. The fact that such products were found in large numbers in the areas in question justifies the assumption that the extensive stocks of American films include further specimens of this type. This gave occasion to the German internal authorities to subject the entire American film material to an examination to determine to what extent it bears an anti-German character. This measure made necessary solely by the conduct of the American film industry itself is the reason for the temporary sequestration of its stocks in the western area occupied by Germany. The Foreign Office will not fail, however, to take steps to insure that after the completion of the examination the American companies immediately recover for their free disposition those products against which no objection is to be made from the point of view of criminal law. Their exportation from the occupied areas will then be subject to the regulations applying to traffic in merchandise generally.
“With regard to the future exhibition of American films in the occupied areas the Foreign Office has the honor to point out that the question of the admission of films is to be judged solely from the police standpoint and that accordingly the orders issued in each case by the authorities entrusted with police functions are to be observed.
“The communication addressed by the Consular Section of the Embassy to the Reich Ministry of Public Enlightenment and Propaganda on October 24, 1940, is accordingly also regarded as answered.”
In view of the foregoing reply and in an endeavor to obtain a further clarification of the situation it is suggested that the Embassy be authorized to present another-note, in the premises which after referring to the Foreign Office’s reply would, read as follows:
“The Embassy has the honor to inquire whether: there has now been completed the examination of American films seized in the occupied areas by the German authorities on the grounds that a large number thereof were of anti-German character. In this connection the Embassy [Page 623] has the honor to invite the Ministry’s attention to the fact that the films of at least two American companies in the Netherlands were seized over 5 months ago and further that some of the prints seized were of films which had previously been passed by the German censors in Germany so that there would appear to be no basis for the German authorities not to release them for immediate exhibition. The Embassy is persuaded that the Ministry will appreciate the serious prejudice to trade which the seizure of the films has caused and still is causing through the discontinuance for so considerable a period of time of a legitimate American business built up after years of work and investment of capital especially in view of the uninterrupted continuance by German companies of a similar business in the occupied areas and it is confident that if the examination of the films should not by now have been completed the Ministry will take steps to expedite its immediate completion.
“The Embassy takes the liberty of pointing out that the Ministry in its note of January 18, 1941, makes no reference to the attachment of property other than the seizure of American prints belonging to certain film distributing agencies which are wholly owned by American film companies and has the honor to inquire as to the steps which have been taken to have such property released. It is understood that the German authorities have attached the funds of some and have denied to others access to their business records which action would appear to have no connection with the reported anti-German character of some of the films.
“In connection with the foregoing the Embassy reaffirms its confidence that the Ministry will promptly cause to be issued the necessary permits for American film distributing agencies in the occupied areas to resume their operation and cause to have released to them their property which has been attached as well as to have returned to them, after prompt examination, the American motion picture films which have been seized.”