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

862.515/8–1745: Telegram

The Secretary of State to the Ambassador in the United Kingdom (Winant)

Washington, August 28, 1945—7 p.m.

7383. Reurtel 8305, August 17.⁴² For Clayton. While agreeing that announcement made on removal of German art to US should omit reference to German obligation to make replacement in kind, Dept disturbed by your view Germans should not be required to replace looted art destroyed or not found.

Dept in past has always accepted replacement in kind with respect to restitution of art as distinct from restitution of objects of no unique cultural value. On June 5 Dept transmitted (no. 4490⁴³) to Winant draft agreement on restitution of art approved by State–War–Navy Coordinating Committee and Roberts Commission which provided “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”. Moreover, all countries which lost part of their cultural patrimony to Germans strongly insist on replacement in kind.

Repeated to USPolAd, Berlin for Pauley and Despres as 362.

Byrnes

42. Not printed.
43. Not printed, but see the memorandum by the United States Representative on the European Advisory Commission, June 11, p. 943.