840.403/6: Airgram
The Ambassador in the United Kingdom (Winant) to the Secretary of State
London, June 7,
1943—12:20 a.m.
[Received June 12—4 p.m.]
A–435. Department’s A–612, 7 p.m., April 19. The Embassy has received a note
dated May 31, 1943, from the Foreign Office. After referring to the
Embassy’s note of May 3rd which transmitted as requested by the Department,
the suggestion for the creation of Committees in the United States, United
Kingdom, and Union of Soviet Socialist Republics to examine the question of
works of art looted from European territory, and asked what study the
British Government had made of this problem, the Foreign Office note
continues as follows:
- “2. His Majesty’s Government have always had in mind that some
sort of Reconstruction Commission, operating probably under the
supervision of such United Nations authority as was deemed
appropriate, would be required for the purpose inter alia of endeavouring to recover looted works of
art, and to effect their return to their lawful owners. To the
extent, therefore, that the committees, which the United States
Government have in mind, could help the work of the
Reconstruction Commission by preliminary study and by the
collection of information, His Majesty’s Government would be in
favour of their establishment.
- 3. The question, however, of deciding on compensation, whether
in kind or otherwise, in cases where works of art could not be
found or had been damaged, raises problems of a different order.
Such demands for compensation will be only one among many
categories of claims made against the enemy countries after the
war, and it does not seem possible to consider them in
isolation. This question seems to His Majesty’s Government to be
essentially a matter for the Governments concerned, and one
which could not usefully be discussed by committees of the kind
proposed.
- 4. It is in any event clear that the machinery required for
identifying and recovering works of art will be much the same as
in the case of other looted property. It therefore seems
important that the functions of the proposed committees should
be clearly laid down, and the nature of ‘works of art’ strictly
defined. Is it, for instance, intended that these should include
historic and cultural treasures and the contents of libraries?
His Majesty’s Government would be glad to know what the United
States Government have in mind in this connexion.
- 5. They would also be glad to learn the views of the United
States Government on the manner in which such committees, if set
up, would operate, and on their general composition and status.
His Majesty’s Government are not themselves primarily affected
by the looting of works of art in Europe, and it seems to them
that the major
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contribution to the studies of such a committee, if set up in
London, would necessarily come from the seven Allied Governments
temporarily established in London and from the Greek Government,
who maintain a nucleus staff here. This being the case, it would
seem that an intergovernmental committee composed of
representatives of these Governments and representatives or
observers of the United States, Soviet and United Kingdom
Governments, if they so wished, would be the most appropriate
body for this work in London. His Majesty’s Government presume
that it would be the intention that the three committees should
be given official status, and that the members should represent
their respective Governments. If, however, their chief function
was to identify works of art the members would presumably need
to be experts.
- 6. His Majesty’s Government have not given close study to this
problem which, as explained above, is not of direct concern to
them, though they are naturally interested in seeing that
pillaged property is returned to its rightful owners.
Nevertheless, there exists in London a purely unofficial
Committee of the Central Institute of Art and Design of the
National Gallery, which contains a number of foreign
representatives and has already given a considerable amount of
preliminary study to the subject. It might be possible to
associate this committee with any new body which is set up in
London, or at least arrange for the information collected by
this unofficial committee to be made available to the new
committee. The new committee would also no doubt enjoy the
benefit of information collected by the committee set up under
the Interallied Declaration of the 5th January, 1943, against
Acts of Dispossession.6
- 7. Your Excellency will observe from the above that His
Majesty’s Government are in general favourably disposed to the
suggestion contained in Your Excellency’s communication, and
they would be glad to have the observations of the United States
Government on the points mentioned in this note.”
