740.00119 EAC/4–345: Telegram
The Ambassador in the United Kingdom (Winant) to the Secretary of State
[Received April 3—4:52 p.m.]
3381. Cornea16 203. The problem of restitution of cultural property looted by Germany requires especial consideration in the European Advisory Commission as a particular aspect of general problem of restitution. Consideration of this problem will be greatly expedited if I can be enabled promptly to circulate a draft agreement on principles to govern cultural restitution.
Except in two details noted below, the draft which follows is based on Mr. Grew’s letter of February 27, 1945, to Justice Roberts, chairman of the American Commission for the Protection of Artistic and Historical Monuments, which Sumner Crosby, special adviser to the Roberts Commission and to the Department, was instructed to show me.
The French memorandum on restitution (EAC 45/22)17 which sets forth policies incompatible with United States views on restitution, will form the basis of EAC discussions unless I can circulate a United States draft agreement in time to secure its adoption as a basis of negotiation.
The United States draft directive (EAC 44/31)18 on arts and monuments provides for joint action in identifying and safeguarding cultural objects pending action for their restitution.
Text of proposed draft agreement follows, with order of articles changed for security:
[Page 940]The Governments of the United Kingdom, the Union of Soviet Socialist Republics and the United States of America and the Provisional Government of the French Republic have agreed on the following principles which will govern the restitution of works of arts, books, archives and other cultural property looted by Germany:
[Here follows list of principles similar to articles 1–8 and 11–12 in the draft agreement submitted to the European Advisory Commission on June 11, 1945, printed on page 943.]
The draft makes two additions to the principles set forth in the letter of the Under Secretary. Both are urged by Mr. Crosby and the responsible officers of the United States control group.
The second sentence of article 4 provides that once an object has been returned to a claimant country and accepted by it, that country may not claim additional replacement in kind as compensation for damage to that object. Without this provision a claimant could accept the return of a looted object and still request replacement in kind as compensation for damage or deterioration suffered by it. If such multiple or overlapping claims were allowed, the administrative problem of effecting cultural restitution would be fairly complicated. The words “within a period of 2 years after the surrender or defeat of Germany” have been added in article 8. Some time limit is necessary in order to avoid indefinite prolongation of restitution procedures and in order to impress on the Germans the need for full and speedy cooperation. The French proposal on restitution (EAC 45/22) provides in paragraph 2 a time limit of 6 months. This limit seems too short in view of the conditions likely to prevail in Germany during the first 6 months after defeat.
I trust the Department will promptly authorize circulation of this draft agreement on the EAC.
- Series indicator for telegrams from the United States delegation to the European Advisory Commission in London.↩
- Dated March 3, not printed; it called for firm measures to insure prompt return of confiscated material and replacement of art treasures in case the originals had been lost or destroyed (740.00119 EAC/3–345).↩
- Foreign Relations, 1944, vol. ii, p. 1060.↩