740.00119 (Potsdam)/7–3145

No. 905
Proposal by the Soviet Delegation1


Soviet Proposal

Restitution is limited to property which can be identified as having existed at the moment of enemy occupation of the territory from which this property was removed, as well as property which came into existence on the said territory during the period of enemy occupation, if this can be established and irrespective of the manner in which it fell into the hands of the enemy.
As regards property which was destroyed by the enemy or utilized or lost value as a result of enemy action, the right is retained to replace it by similar or comparable property only in the case of objects of unique character such as works of art, historical objects, libraries, unique installations, etc.
The injured country retains the right to make claims within the limits defined in paragraphs 1 and 2 to restitution in respect of property removed by the enemy which is found in any third country.
It is moreover agreed that all questions of restitution will be dealt with on behalf of the injured property owners by the State of which they are citizens.
  1. A variant copy in the Pauley Files of this proposal and of that in document No. 904 is headed, “Following Definitions Submitted by the Soviet Government to the Economic Sub-Committee July 21, 1945”. A copy in Frankfurt USPolAd Files bears the following manuscript notation by Murphy: “Submitted by Maisky”.