740.00119 EAC/12–144
U.S. Draft Directive on Control of Works of Art and Monuments, Prepared by the American Delegation to the European Advisory Commission 53
November 23, 1944
- 1.
- This directive is issued to you as Commander-in-Chief of the U.S. (U.K.) (U.S.S.R.) forces of occupation. Identical directives are being issued simultaneously to the Commanders-in-Chief of the forces of occupation of the other two Allies. In this directive, the phrase “Control Council” refers to the three Allied Commanders-in-Chief acting jointly. The words “you” or “you in your zone” refer to each of the Commanders-in-Chief as zone commander and, where applicable, to the Inter-Allied Governing Authority (Komendatura) in the “Greater Berlin” area.
- 2.
- Reference is made to the pertinent provisions of the “Unconditional Surrender of Germany”* and to the pertinent provisions of the General Order.† You will enforce and implement in your zone of occupation the surrender terms and general orders as they relate to the control of works of art and monuments, in accordance with the policies and instructions hereinafter set forth.
- 3.
- In this directive, the phrase “works of art and other cultural materials” covers all objects or materials of artistic, historic, scientific or other cultural importance or value. The phrase includes archives, records or documents of historic or cultural importance and scientific exhibits, specimens or equipment of a research or educational character or pertaining to cultural history, so far as such archives and scientific materials are not covered by the directive on “Securing and Examining Information and Archives”.
- 4.
- The Control Council will establish policies covering the conservation and disposition of works of art and other cultural materials. In particular, it will hold available for restitution those which have been looted from the Governments or nationals of the several United Nations and Associated States and those in German public or private collections which might be used for restitution in kind.
- 5.
- The Control Council is authorised to demand transfer of purported titles, and assignments of all rights, to looted works of art and other cultural materials, owned or controlled by German nationals or their agents, which have been deposited or concealed anywhere in the world. Reference is made in this connection to the appropriate portions of the directive on “Property Control”.
- 6.
- The Control Council will make available to the zone commanders recognised and competent experts from any of the several United Nations and Associated States for the purpose of assisting in the identification and conservation of works of art and other cultural materials.
- 7.
- The Control Council will be guided in matters covered in this directive by any appropriate international organisation or agreement to which the three Allied Governments subscribe.
- 8.
- You will, in your zone, take all practicable measures to locate and, at your discretion, seize or otherwise secure works of art and other cultural materials. You will report to the Control Council, for disposition by it, all works of art and other cultural materials so located, seized or secured by you, stating their location and general nature.
- 9.
- You will take all practicable measures to protect and conserve works of art and other cultural materials from loss, removal, concealment, damage or deterioration. You will be responsible in your zone for the proper warehousing and care of such objects. To assist you in accomplishing these objectives, you are authorised to employ reliable and qualified German personnel.
- 10.
- You will forbid the sale, transfer or export of works of art and other cultural materials except as may be directed by the Control Council.
- 11.
- You will take all practicable measures to seize or otherwise secure records and other information concerning works of art and other cultural materials which have been looted from Governments or nationals of the several United Nations and Associated States. You will report to the Control Council the location and general nature of all records and other information so seized or secured by you. Reference is made in this connection to the appropriate portions of the directive on “Securing and Examining Information and Archives”.
- 12.
- You are authorized to detain for questioning any persons in your zone known to have, or suspected of having, information which will assist in locating works of art and other cultural materials. You will report to the Control Council the names of any persons so detained who are known to have been, or suspected of having been, concerned in the looting of works of art and other cultural materials.
- 13.
- You will permit any representative of either of the other two principal Allied Governments appointed therefor by the appropriate Allied Commander-in-Chief, or any representative of any of the several United Nations and Associated States authorised therefor by the Control Council, to have access to works of art and other cultural materials in your zone. You will furnish such accredited representatives with appropriate assistance in their examination of works of art and other cultural materials.
- 14.
- You will, through the Control Council, call upon recognised and competent experts from any of the several United Nations and Associated States to assist in the identification and conservation of works of art and other cultural materials in your zone.
- 15.
- You will, in your zone, seize and close all archives, monuments and museums which are of Nazi inception or devoted to the perpetuation of German militarism and hold their properties pending further instructions. You will take all practicable measures for the care, maintenance and operation of other monuments, and of buildings or institutions devoted to public worship, education or the arts and sciences. You will take all practicable measures to protect such monuments and other buildings from acts of damage or disrespect and from further deterioration due to war damage. Reference is made in this connection to the appropriate portions of the directive on “Property Control”.
- Draft Directive No. 2, circulated as E.A.C. (44) 31. dated November 23, 1944, by the American Representative on the European Advisory Commission; copy transmitted to the Department in despatch 19592, December 1, 1944, from London, received December 5.↩
- Including Article 8. [Footnote in the original.]↩
- Including new sub-paragraph following 15(a); paragraph 17; new paragraph preceding 35(a); paragraphs 37 and 38. [Footnote in the original.]↩