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

800.515/8–2245: Telegram

The Secretary of State to the Ambassador in the Soviet Union (Harriman)

Washington, August 22, 1945—noon.

1884. On August 1, 1945 Secretary of State addressed following letter to Molotov.³⁸

“The United States Zone Commander has informed me that he now holds in the United States zone large amounts of art objects which may be considered in three classes:

a. Works of art taken from the countries overrun by Germany and readily identifiable as publicly owned, and works of art taken from private owners in the overrun countries by seizure and without compensation.

b. Works of art taken from private collectors in the overrun countries for which some compensation is alleged to have been made to the owners.

c. Works of art which were bona fide property of German citizens or institutions.

Instructions have been issued to the Zone Commander to return the works of art of the first two categories to the governments of the countries of origin as rapidly as arrangements can be effected. With respect to the second category, receipts will be taken indicating the amount of compensation alleged to have been paid by the Germans.

It is contemplated that the third category of works of art will be shipped as rapidly as arrangements can be effected to the United States for care and safekeeping, for which adequate facilities do not exist in Germany. Their eventual disposition will be subject to future decisions.”

In reply dated August 8 transmitted by Soviet Embassy here³⁹ Molotov took note of the instructions with reference to points a. and b. of Secretary of State’s letter and then stated in paragraph 2 “with respect to the instructions mentioned in point c. we cannot concur. As you remember, in the declaration of January 5, 1943,⁴⁰ the Allied governments warned the governments and citizens of neutral countries that they reserved to themselves the right to declare invalid any transfer of property rights to plundered property and any transactions involving this property, so much the more because there are no grounds for establishing in this respect any privileges whatever for German citizens and institutions”.

Dept can not understand this paragraph, particularly since the statements therein do not appear relevant to the disposition of art in category c. which is art of bona fide German ownership.

Please obtain clarification from Soviet FonOff.⁴¹

Byrnes

38. Vyacheslav Mikhailovich Molotov, People’s Commissar for Foreign Affairs of the Soviet Union. An identical letter was sent on the same date to Ernest Bevin, British Secretary of State for Foreign Affairs.
39. The reply was delivered to Acting Secretary of State Grew by the Soviet Chargé (Novikov) during a conference on August 8.
40. For text of the Declaration Regarding Forced Transfers of Property in Enemy-Controlled Territory, see Foreign Relations, 1943, vol. i, p. 443.
41. Telegram 3317, September 18, 11 p.m., from Moscow, gave the explanation from the Soviet Foreign Office that the reference in the paragraph quoted above was to “property which had been established as having been removed by the Germans from territory temporarily occupied by the Germans even if the present owner of the property had acquired it honestly.” (800.515/9–1845)