740.00113 European War 1939/613: Telegram

The Chargé in the United Kingdom (Matthews) to the Secretary of State

74. Referring to the Embassy’s telegram 6797, December 1, 8 p.m.7 and 62, January 2, 8 p.m.

1. The following changes have been made in the interpretive note transmitted in section IV of Embassy’s 6797, December 1.

(a)
The title of the interpretive note is as follows:

“Note on the Meaning, Scope and Application of the Inter-Allied Declaration Against Acts of Dispossession Committed in Territories Under Enemy Occupation or Control.”

(b)
In the first sentence of paragraph 2 of the note the words “of all parties” are substituted for the words “of the participating governments”.
(c)
In the first sentence of paragraph 3 the words “of the participating governments and of the French National Committee” are substituted for the words “of the governments concerned”.
(d)
The last sentence of paragraph 3 has been reworded, without affecting the meaning, as follows: “The declaration makes it clear that it applies to transfer and dealings affected in territory under the indirect control of the enemy (such as the former ‘unoccupied zone’ in France) just as much as it applies to such transactions in territory which is under his direct physical control.”
(e)
In the first sentence of paragraph 4 the words “the parties” are substituted for the words “the participating governments”.
(f)
The second sentence of paragraph 5 as communicated in section IV of Embassy’s 6797 of December 1, should be replaced by the following: “The declaration marks, however, the solidarity in this important matter of all the participating governments and of the French National Committee and this means that they are mutually pledged to assist one another as may be required, and, in conformity with the principles of equity, to examine and if necessary to implement the invalidation of transfers or dealings with property, rights et cetera which may extend across national frontiers and require action by two or more governments”.
(g)
In the first sentence of paragraph 6 the words “the parties” are substituted for the words “the participating governments”. At the opening of the second sentence of paragraph 6 the words “the parties” are substituted for the words “the governments”. In the fourth sentence of paragraph 6 the words “by the governments making the declaration and the French National Committee” are substituted for the words “by the governments making the declaration”.

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2. When the Foreign Office makes the declaration public at 12 noon, local London time, January 5, it will make the following introductory statement:

“His Majesty’s Government in the United Kingdom have today joined with 16 other Governments of the United Nations, and with the French National Committee, in making a formal declaration of their determination to combat and defeat the plundering by the enemy powers of the territories which have been overrun or brought under enemy control. The systematic spoliation of occupied or controlled territory has followed immediately upon each fresh aggression. This has taken every sort of form, from open looting to the most cunningly camouflaged financial penetration, and it has extended to every sort of property—from works of art to stocks of commodities, from bullion and bank notes to stocks and shares in business and financial undertakings. But the object is always the same—to seize everything of value that can be put to the aggressors’ profit and then to bring the whole economy of the subjugated countries under control so that they must slave to enrich and strengthen their oppressors.

It has always been foreseen that when the tide of battle began to turn against the Axis, the campaign of plunder would be even further extended and accelerated, and that every effort would be made to stow away the stolen property in neutral countries and to persuade neutral citizens to act as fences or cloaks on behalf of the thieves.

There is evidence that this is now happening, under the pressure of events in Russia and North Africa, and that the ruthless and complete methods of plunder begun in Central Europe are now being extended on a vast and ever increasing scale in the occupied territories of Western Europe.

His Majesty’s Government agree with the Allied Governments and the French National Committee that it is important to leave no doubt whatsoever of their resolution not to accept or tolerate the misdeeds of their enemies in the field of property, however these may be cloaked, just as they have recently emphasized their determination to exact retribution from war criminals for their outrages against persons in the occupied territories. Accordingly, they have made the following joint declaration, and issued the appended explanatory memorandum on its meaning, scope and application:”

Matthews