740.00119 EAC/6–1345

Memorandum by the United States Representative on the European Advisory Commission (Winant)

EAC (45) 59

Draft Agreement on Principles Governing Restitution of Cultural Property 28

1.
There shall be an unlimited obligation on Germany to restore identifiable looted works of art, books, artistic or historic archives and other artistic or historic property.
2.
Looted property shall be claimed through the existing Governments of territories where the property had its situs and not directly by the former owners individually. Looted property or replacements therefor shall be delivered to such Governments.
3.
The return of such property shall not count as a credit against Germany’s reparation obligations.
4.
Looted property shall be returned in the condition in which it is found. If a claimant Government accepts a returned object in a damaged or deteriorated condition it may enter a claim on reparation account for such damage or deterioration but may not demand replacement in kind in compensation therefor.
5.
The destruction by Allied bombing or other military action of artistic or historic property known to have been looted shall not relieve Germany of the obligations to make reparation or to replace that property with other comparable artistic or historic property.
6.
Restitution of artistic or historic objects shall be restricted to identifiable property in existence prior to German occupation.
7.
All artistic or historic property removed to Germany during the period of German occupation shall be deemed to have been transferred under duress and accordingly treated as looted property.
8.
If works of art, books, historic or artistic archives and other artistic or historic property known to have been looted cannot be found within a period of two years after the unconditional surrender or defeat of Germany, there shall be an obligation on Germany to replace such articles by comparable objects from German public or private collections.
9.
Works of art and objects of artistic and historic value used in connection with religious ceremonies or edifices of any faith which have proved ecclesiastical ownership prior to 1938 may not be used for replacement in kind.
10.
Pending the determination of claims for restitution or replacement in kind, works of art, books, artistic or historic archives and other artistic or historic treasures in German public or private collections may not be used for reparations.
11.
In the application of the principle of replacement, replacements shall be so limited as not altogether to deprive Germany of artistic or historic materials.
12.
The four Governments will urge that all European countries establish a freeze on the exportation and importation of works of art, rare books, artistic or historic archives and other artistic or historic property in order to cooperate in preventing the concealment of artistic or historic property which has been looted by Germany. The freeze should be followed by provision for the licensing of transactions which would have no harmful effects and which would provide a means for carrying on such commercial transactions as may be possible and proper.
[Page 945]

[For further documentation relating to restitution of objects of artistic and cultural value, see Foreign Relations, The Conference of Berlin (The Potsdam Conference), 1945, volumes I and II, index entries under Germany: Restitution; also volume II, index entries under Italy: Reparations.]

  1. The text of this draft had been sent to Mr. Winant in telegram 4490, June 5, 7 p.m., to London, not printed. The document was circulated in the European Advisory Commission on June 11, and a copy was transmitted to the Department as an enclosure to despatch 23642, June 13, from London, not printed.