800.515/5–1245: Telegram
The Acting Secretary of State to the Ambassador in the United Kingdom ( Winant )
3722. Careful consideration has been given to proposal for control of art exports contained in Embassy’s telegram 1237, February 5, Embassy’s airgram 107, February 2.20 There is no disagreement in [Page 941] principle with the British proposal, but we are inclined to favor a total prohibition on all imports and exports to, from, and within the Continent, including Turkey. There are outstanding advantages to be gained from such a prohibition: (1) British and American control authorities would be relieved of an administrative burden. (2) Total prohibition is the surest way to eliminate foreign markets, intracontinental and transoceanic, for looted art. The Roberts Commission on further examination of the British scheme (Redept’s 2120, March 1921) feels that unless an elaborate administrative mechanism is established, the scheme as proposed is unworkable for the following reasons: (a) lack of data on any but most famous paintings, (b) possibility of substitution of copies without detection, (c) inability of control authorities to determine artistic or intrinsic characteristics which give value to objects. (3) deprivation of foreign markets should tend to preserve the status quo. This we consider highly desirable until Allied Control Commissions, and liberated, and perhaps neutral, governments have not only instituted restitution measures but also have made such measures effective.
The prohibition would be effective until a licensing system is established in the particular country concerned. Each country would be required to assume the responsibility of establishing its own licensing procedure. As soon thereafter as British and American authorities are satisfied that the controls are adequate, licensed shipments could be permitted to pass through the blockade. Assumption of this responsibility by the governments of the liberated areas would be consistent with our past statements in which we have recognized their primary interest and responsibility in matters relating to restoration of looted properties. We believe such countries will, as in the case of other Safehaven 22 desiderata, be glad to support our demands upon neutral governments for institution of similar measures.
The total prohibition can, of course, be made effective immediately insofar as the Western Hemisphere is concerned by operation of the blockade. As for the Eastern Hemisphere, we should have to rely upon the local governments.23 The Department is prepared at this time to approach the European co-belligerents along the foregoing lines and also to include the freeze and licensing suggestions in our Safehaven negotiations with neutral countries. Please discuss the foregoing with the British Government and report its comments as [Page 942] promptly as possible. You should impress upon them the urgency of the matter, particularly since we should wish to include this point in the Safehaven discussions presently under way in Sweden, Spain, and Portugal.
Pending a decision on the above proposal, you should depend upon the present British system of control and the advice of the London representative of the Roberts Commission. In this connection, we have received no information from Madrid on the case of the portrait of José Rafino de Olasco and therefore the Embassy’s action is approved.24
- Neither printed. The airgram contained the text of instructions sent by the British Ministry of Economic Warfare (MEW) to Lisbon, Madrid, and Stockholm, the details of which were summarized in telegram 1237. The instructions called for submitting to London for examination photographs of all paintings and pictures scheduled for export except where consular officers had personal knowledge that the owner was non-enemy. (800.515/2–245)↩
- Not printed; it reported that the details of the British proposal were still under discussion in Washington (800.515/2–545).↩
- Code name for the United States program to forestall German attempts to hide assets outside Germany, particularly in European neutral countries; for documentation, see pp. 852 ff.↩
- For documentation on Anglo-American cooperation on policies and problems concerning the Proclaimed and Statutory Lists, see pp. 827 ff.↩
- In telegram 4091, April 21, 1945, from London, the Secretary of State was informed that the British Consul at Bilbao had received an application for shipment to Buenos Aires of a portrait of José Rafino de Olasco, a copy of an original by Spanish Artist Hernando Alvarez Sotomayor. Photostats of this portrait were submitted to the Macmillan Committee which raised no objection to the shipment. The American Embassy at Madrid was informed by the Embassy at London to this effect. Ambassador Winant requested instructions “whether MEW should authorize such exports if Macmillan Committee approves without our having received advice from Washington regarding findings of the Roberts Commission.” In the event urgent cases were presented, the Ambassador requested permission to be guided by the London representative of the Roberts Commission. (800.515/4–2145)↩