Foreign Relations of the United States: Diplomatic Papers, 1945, General: Political and Economic Matters, Volume II

Council of Foreign Ministers Files: Lot M–88: CFM London Documents

Memorandum by the French Delegation to the Council of Foreign Ministers

C.F.M.(45) 38

London, 20 September, 1945.

German Reparations

The French Delegation draw attention to the fact that the Provisional Government of the Republic, not having been invited to take part in the Potsdam Conference, have not up to the present subscribed to the decisions made by the three Powers, particularly as regards the settlement of German reparations. Their agreement on this point cannot be given so long as certain problems of essential importance to France, to which the French Government have repeatedly drawn the attention of the United States, British and Soviet Governments, remain unsettled.

But the French Government consider that the necessary assurances and explanations could be provided during the present session of the Council of Foreign Ministers. The Delegation therefore propose to formulate, in the present memorandum, the requirements which they hope will be studied and satisfied with the least possible delay.

1. The French Government are keenly desirous to see concrete steps taken for the execution of a programme of reparations in favour of all the United Nations who have suffered from German aggression. They therefore welcome the contribution made towards the solution of these practical problems by the Soviet proposals suggesting the transfer of the seat of the Inter-Allied Reparations Commission to Berlin and the acceleration of the work of the Control Council and of the Reparations Commission with a view to deciding the total amount and the nature of the industrial equipment to be taken from the Western zones of Germany.

2. The French Delegation feel, however, that the decisions arrived at in Potsdam concerning deliveries under the heading of reparations can only be put into effect if the property, rights and interests which are to be taken over, both in Germany and in the countries occupied by the German armies, are first shown to be exclusively and authentically German.

In application of this principle France asks for a decision to be taken on the following matters as soon as possible:—

(a) the restitution of the property seized by Germany under cover of the occupation in the territory of the United Nations, whenever such property can be identified and is found in the Eastern and Western zones of Germany, or in any other territory. Such restitution should be the subject of definite executive agreements providing for the despatch of recovery missions;

(b) the restitution of the equivalent of gold, precious metals or valuables by advance deliveries of property found in the Eastern or Western Zones of Germany;

(c) the enforcement of the Declaration of the United Nations dated 5th January, 1943,¹⁵ i.e. the recognition of the nullity of the spoliation which Germany has perpetrated of the property, rights and interests of the United Nations, whatever their geographical location may be. The application of the Declaration of the 5th January, 1945 [1943?] should in particular, enable Allied governments and nationals to recover the holdings owned by them in various central and eastern European countries, which in certain cases they have been compelled to hand over to the German authorities. Such property, rights and interests must not be regarded as German, and consequently cannot be the subject of transfer to another United Nation under the terms of any reparations scheme.

3. Finally, the French Government ask for a share also of the preliminary deliveries which are to be made of industrial equipment regarded as not essential to German peace-time life in the western zones. They would like in this respect to be treated not less favourably than the most favoured nation. But they could not for their part agree to such deliveries being effected in the western zones before they have had satisfactory replies to the three points set out in paragraph 2 above.

15. For text of the Declaration by the United Nations, January 5, 1943, regarding forced transfers of property in enemy-controlled territory, see Foreign Relations, 1943, vol. i, p. 443.