The Department will observe that the German government has taken the
stand that the “sequestration” of American films in Germany has become
necessary because of the fact that the American companies have and are
engaged in the production of films which are anti-German in character.
It might be noted that by analogous reasoning a ban on the exhibition of
any German Ufa film in the United States would now be justified, since
Ufa films of a distinctly anti-American nature have recently been
showing in Berlin. As an example of these, the film “Reitet für Deutschland” would be cited, in which Americans
were portrayed in a caricatured and ridiculous aspect.
[Enclosure—Translation]
The German Ministry for Foreign
Affairs to the American
Embassy
[No.] Kult K F 3270
Note Verbale
The Foreign Office has the honor to confirm to the Embassy of the
United States of America the receipt of Note
Verbale No. 2343 of June 13, 1941, concerning the
distribution and sequestering of products of American film companies
in the Reich as well as in the Protectorate of Bohemia and
Moravia.
The Note Verbale deals in a general form with
the questions of distribution and sequestration of American films,
which, as far as the rights of the companies Loews Incorporated
Metro Goldwyn Film AG, Berlin, are concerned, were the subject of
previous exchanges of Notes. Reference is made to the Embassy’s Notes Verbales No. 1727 of December 3, 1940,
and No. 1811 [1817?] of January 14, 1941,
concerning 7 films of the above named firms, which were
provisionally replied to by Note Verbale
(Kult K F 194) of January 18, 1941. The Embassy referred again to
the same matter in its Notes Verbales No.
2008 of March 22, 1941, and No. 2155 of May 8, 1941.
The Foreign Office takes this occasion, to begin with, to reject most
decisively the implied imputation at the end of the Note Verbale of March 22, 1941, that American
property rights were arbitrarily disrespected and has the honor,
with reference to Note Verbale No. 2343 of
June 13, 1941, to communicate the following. This likewise
constitutes a reply to the previous Notes
Verbales.
I. Distribution
It is correct that the Reich Minister for Public Enlightenment and
Propaganda felt compelled during the summer of 1940 to order the
cessation of the distribution of the products of the Fox-Film AG.,
the Metro-Goldwyn-Mayer Film AG. and the Paramount AG. in the
territory of the Reich. This measure was brought about by the
conduct of the companies themselves which, as the Embassy will be
aware, long before the outbreak of the European war had begun
producing films, whose anti-German character was unmistakable. At
the time this fact was noted by German quarters with regret and was
temporarily put up with. Whenever a new film of the type mentioned
appeared, the Berlin agents of the producing firm in question were
repeatedly reminded by the competent German authorities of the loss
of the German market which was to be expected if their companies
should continue to produce films directed against Germany. The
number of these warnings amounted to more than a dozen before resort
was had to the embargo, to the legal basis of which the Embassy
itself refers.
[Page 627]
In this connection, the fact that all or a large part of the American
films intended for distribution within Germany had already been
passed by the German censorship did not preclude the application of
the law, since Art. I of the Second Law amending the German Motion
Picture Law, June 26, 1935, expressly authorizes the Reich Minister
for Public Enlightenment and Propaganda to forbid even a film which
has previously been passed if he considers it necessary for urgent
reasons of public welfare.
Since then there have been no indications of any slackening in the
anti-German tendency of certain films of the companies mentioned. On
the contrary, it has increased and it is particularly evident from
reports of the past few months that these firms have further such
films in preparation. The Foreign Office therefore regrets to have
to state under these circumstances that the reasons which led to the
prohibition still exist.
In the Protectorate of Bohemia and Moravia American film matters are
being treated analogously.
II. Sequestration
The Embassy in its Notes Verbales speaks
erroneously of the seizure of American films. The measures taken by
German quarters, however, were sequestration, the character of which
the American Embassy has already had an opportunity to ascertain
from the Note Verbale of the Foreign Office
of January 18, 1941 (Kult K 11425/II) concerning the treatment of
American film property in the occupied western territories, in view
of which the repeated references in the Embassy’s Notes Verbales “to take careful note of the property
rights in question” are superfluous. Sequestration is a police
measure which became necessary in view of the production of
anti-German films by American film enterprises. It leaves the
property rights untouched. The American film prints sequestered in
the territory of the Reich and in the Protectorate of Bohemia and
Moravia or elsewhere are only subjected to an examination procedure
in order to establish whether they have a tendency directed against
Germany. Films found to be free of tendency are returned to the
property of the individual companies. Disposition thereof will have
to be subject to the regulations which have since been issued
concerning the blocking of American property.
Responsibility for this development falls solely on the American film
enterprises which seek to make a profit from the incitement of
hatred between nations. As this activity is directed exclusively
against Germany, it goes without saying that German quarters take
steps against this scheme. In this connection, respect is granted to
private property which is unobjectionable in a political sense.
