Foreign Relations of the United States: Diplomatic Papers, 1945, General: Political and Economic Matters, Volume II
800.515/5–945
The Minister in Sweden (Johnson) to the Secretary of State
[Received May 30.]
Sir: I have the honor to refer to the Department’s telegram 802, May 3, 1945, 6 PM,71 to the Legation, repeated to London, number unknown, approving certain changes in the text of the provision to be incorporated in the so-called “Tripartite Interim Trade Agreement” and the “Tripartite Post Hostilities Supply Agreement”, and to transmit herewith five copies of the final draft of Annex A to this agreement as informally presented to the Swedish Government.
Respectfully yours,
Draft Provision for Inclusion in Tripartite Trade Agreement
It is agreed that the following provision shall be incorporated in the so-called “Tripartite Interim Trade Agreement” and the “Tripartite Post Hostilities Supply Agreement”:
“The Government of Sweden as an integral part of this agreement agrees to adhere to the terms and spirit of Bretton Woods Resolution VI, the United Nations’ declaration of January 5, 1943, and the gold declaration of February 22, 1944. The Government of Sweden agrees further to implement this undertaking by continuing in force such measures as have already been instituted by it for this purpose and to institute and maintain the additional measures set forth in Annex A to this agreement and made a part hereof, and to give favorable consideration to such other measures as may in the future be necessary for the full execution of this undertaking.”
ANNEX A
The Government of Sweden, pursuant to its undertaking as set forth in paragraph . . . . . of the Anglo-American-Swedish Trade Agreement (the Tripartite Post Hostilities Supply Agreement), undertakes to assist fully the United Nations in carrying out the spirit and purposes of Resolution VI of the Bretton Woods Conference and in all other ways within its power to prevent the use by Axis interests of the laws, territory, and institutions of Sweden for Axis purposes during the present war and thereafter. For the purpose of accomplishing this objective the Government of Sweden agrees to put into force without delay the following measures and to give favorable consideration to instituting such other measures as may in the light of experience and changing conditions be necessary to the execution and effectiveness of this undertaking. For their part the United [Page 882] States and the United Kingdom recognize that the Government of Sweden has already instituted certain measures directed at the implementation of certain of the provisions set forth below. The term Axis as used throughout this agreement includes Germany, including Bohemia and Moravia, and Japan.
1. The Government of Sweden agrees formally to make known its decision to adhere fully to the terms and spirit of Bretton Woods Resolution VI, the United Nations’ declaration of January 5, 1943, and the gold declaration of February 22, 1944, all attached hereto and made a part of this agreement.
2. The Government of Sweden agrees to freeze immediately all assets referred to in items 3 and 4 below, and other such assets as may be subsequently uncovered by the Government of Sweden or brought to its attention by the United States and United Kingdom. It shall be deemed sufficient for the Government of Sweden to freeze any Axis interest in an asset, as such interest is referred to in paragraph 4 below, rather than the asset itself, provided that such interest is so limited as not to make necessary the freezing of the asset in order to freeze effectively such interest in the asset, and provided further that such action is first agreed to by the governments concerned.
The principles on which the licensing of transactions involving the assignment, transfer, withdrawal, payment, hypothecation, or other disposition of such assets may be made, shall be a matter for arrangement between the governments concerned. It is further agreed that full information on all licenses issued shall be made available to the United States and United Kingdom.
3. In order to execute fully its undertaking the Government of Sweden agrees further to immobilize and to dispose of any looted assets as such assets are described in Bretton Woods Resolution VI, regardless of present ownership of such assets, in accordance with the terms and spirit of Bretton Woods Resolution VI.
4. The Government of Sweden agrees further to conduct a detailed census of all assets regardless of form located in Sweden or held abroad through persons or firms in Sweden which, or any interest in which, direct or indirect, is owned or controlled or held by, in behalf of, or in the name of, persons and firms who are nationals or residents of or domiciled in Axis countries. The census shall be constructed to include full information about such aforesaid ownership, control, interest or holding where such ownership, control, interest or holding has not been lost as the result of, or has been obtained through, any transaction involving the transfer of assets to Sweden or a change in assets located in, or managed from, Sweden, where the transaction has occurred since January 1, 1939, between Swedish subjects or persons subject to Swedish law or persons acting on the behalf of such [Page 883] persons, on the one hand, and persons or subjects of Axis countries, or persons, wherever situated, acting on their behalf, on the other hand, including cases where the assets were transferred without the payment of adequate or appropriate compensation.
The term assets as used in this agreement shall include but not by way of limitation any real property or interest therein, enterprise (commercial, industrial, financial or scientific), security, interest, patent rights, corporate and contractual rights including management contracts, patents, licenses and arrangements, trademarks, insurance policies and reinsurance contracts, money, checks, drafts and all other negotiable and non-negotiable instruments, bank accounts and deposits, including trusteeship accounts and safe deposit boxes and vaults and their contents, gold and other precious metals and stones, personal property, options and any other types of arrangements or undertakings written or unwritten. The Government of Sweden agrees further to make available to the United States and United Kingdom the information obtained from the census, and in accordance with existing practice to permit Swedish nationals or persons subject to its jurisdiction to make available any information directed to the purposes of this undertaking to the United States or the United Kingdom, either directly or through the Government of Sweden.
The Government of Sweden agrees further to conduct a similar census on all assets located in Sweden or held abroad through persons or firms in Sweden which, or any interest in which, direct or indirect, is owned or controlled or held by, in behalf of, or in the name of, persons and firms who are nationals or residents of or domiciled in Axis satellite countries, such census to be taken only at such time as the Governments of the United States and United Kingdom may request with respect to all or any one of such countries. Similarly, at the time of such request the Government of Sweden agrees to make available all information concerning such census to the United States and United Kingdom and further that the provisions of section 2 above shall be made applicable to the investigation and freezing of such Axis satellites’ assets. The term “Axis satellites” shall for the purposes of this provision include Bulgaria, Rumania and Hungary and shall also include Austria as constituted prior to March 15, 1938, and Italy.
5. The Government of Sweden will provide the United States and the United Kingdom with full information concerning all persons in Sweden who possess the nationality of Axis countries and of those formerly of Axis nationality who have entered into Sweden since January 1, 1939, and who are presently in Sweden, where the evidence reveals that such persons may themselves be hiding, or may be assisting [Page 884] in or may be parties to or may have knowledge of the hiding of, assets owned or controlled by, or in which an interest is held by, Axis countries, or persons located in such countries or persons acting on their behalf. Such information shall include details as to their residence, occupation, travels from Sweden made since initial entry into Sweden and such other information as will be relevant to the purpose for which such information is desired. The Government of Sweden also agrees to submit similar information on all other persons who have come to Sweden since January 1, 1939, where the evidence reveals that such persons may themselves be hiding, or may be assisting in or may be parties to or may have knowledge of the hiding of, assets owned or controlled by, or in which an interest is held by, Axis countries, or persons located in such countries or persons acting on their behalf. The Government of Sweden agrees further to submit similar information to the United States and the United Kingdom on all persons who during the remaining period of hostilities may enter Sweden from Axis countries and such other persons as may be referred to the Government of Sweden by the United States and United Kingdom, for the purpose of determining whether such persons are themselves hiding, or assisting in or are parties to or have knowledge of the hiding of, assets owned or controlled by, or in which an interest is held by, Axis countries or persons located in such countries, or persons acting on their behalf.
6. The Government of Sweden will establish effective controls with respect to any transaction with the Axis or Axis controlled countries, or the nationals of such countries in order to prevent entry into Sweden from such countries of any assets or the removal from Sweden to such countries of any assets. The principles on which transactions may be licensed shall be a matter of arrangement between the governments concerned. It is further agreed that full information on all licenses issued shall be made available to the United States and the United Kingdom.
7. The Government of Sweden after the foregoing measures have been put into effect agrees to investigate all suspicious cases including but not limited to cases referred to it as being in such category by the United States or United Kingdom and to report the results of all such investigations to the United States and the United Kingdom. The Government of Sweden further agrees to prosecute vigorously violations of the measures referred to in this agreement and to take such other steps as are necessary to obtain rigid enforcement of such measures.
8. In order to facilitate the execution of this agreement the Government of Sweden agrees that the facilities of the Joint Standing Committees72 [Page 885] in Stockholm, London and Washington, or sub-committees thereof shall be made available for handling of questions related to this agreement or to the execution of the terms of this agreement.