Foreign Relations of the United States, Diplomatic Papers, 1945, European Advisory Commission, Austria, Germany, Volume III

740.00119 EW/11–2445: Telegram

The Secretary of State to the Ambassador in France (Caffery)

Washington, November 24, 1945—noon.

5487. For Angell No. 44. See Deptel for Angell no. 39⁵¹ re desire smaller countries to include broad discussion of restitution in IARA. Dept fearful conflict jurisdiction between occupying powers responsible for government Germany and reparation claimants on this question. IARA powers, if any, in restitution should be limited to quasi-judicial resolution of conflicting claims per Waley’s suggestion. Dept has previously maintained that principle of restoring property to jurisdiction from which it was removed by Germany and ad hoc committees of national commissioners for restitution and representative of zone commanders can settle most conflicts, and still leans to this position. (Urtel 6677 and 6678 Nov 13 [18] from Angell Nos. 65 and 66. From Angell 67⁵² just received and will be answered later).

Re Neth suggestion amend Sect 4 IARA charter:

1. Dept opposes regional grouping smaller powers on general ground that political blocs on regional lines not desirable to settle economic questions and, particularly, because entire committee of 5 or 6 as well as secretariat should bear in mind needs and desires of all countries and arrive at decision on quasi-judicial basis rather than bargain on basis of representation.

2. Re abstention from voting of interested members, Dept suggests for your consideration possibility that if conflict of claims arises between one member on committee of 5 and one member not on committee, member on committee would withdraw; if conflict arises between two members on committee, no withdrawal take place; if conflict arises between two or more members on committee and one or more members not on committee, one or more members not on committee be added to committee for purpose of adjudicating claim.

Some such formula may, it is suggested, preserve some measure of Big Three representation and provide for full statement of bases for conflicting claims in any tangled dispute.

3. Dept not inclined to favor election of successors if claimant members on committee of 5 abstain from voting.

4. Dept prepared to accept committee of 6 rather than 5.

5. Dept not sympathetic to Neth proposal that smaller powers serve on committee for six months on grounds mentioned by Greek and Norwegian delegates.

6. In case of tie in committee of 5 or 6, Dept sympathetic to Phelps’ suggestion that matter be referred again to secretariat before coming again before committee and eventually assembly.

Please repeat all telegrams bearing on restitution to USPolAd, Berlin, for Murphy, including your number.

Sent to Paris as 5487, for Angell No. 44, repeated in part to Berlin, for Murphy as 934.

Byrnes

51. See telegram 5469, November 23, 6 p.m., to Paris, p. 1411.
52. See telegram 6680, November 19, 10 a.m., from Paris, p. 1397.