740.00119 EW/12–645: Telegram
The Ambassador in France (Caffery) to the Secretary of State
[Received December 15—6:30 p.m.]
7003. From Angell No. 124. Reurtel 143 [43?] to Paris for Angell.16 As result combined efforts British and ourselves, discussion of restitution has been kept to minimum at Separations Conference here. By mail I am supplying you with marked copies of relevant minutes.17 Should appreciate your making them available to General Clay together with following summary:
- 1.
- It has been made very clear to all delegations at Paris Conference that definition of restitution is an ACC matter and that US representative here will not associate himself with any action of conference which might trench upon authority of ACC in this regard.
- 2.
- Only statement intended to appear in final act of this
conference as a recommendation regarding restitution is:
“The conference recommends: (1) that IARA, in distributing German assets between different states, should take account of the losses resulting for each state from the inability to obtain restitution of certain categories of assets particularly useful for its economy. (2) The Belgian, French, Luxembourg, Netherlands, Czechoslovak, Yugoslav, and blank delegates requested the American and UK delegates to bring to the attention of their govts the views concerning restitution expressed in the attached annexes I and II. The American and UK delegates agreed to do so.”
- 3.
- Additionally, following annexes were proposed by France,
Belgium, Netherlands, Czechoslovakia, Yugoslavia for acceptance
of as many countries wish to join them in expressions of views
to US and UK. Annex 1 is substantially definition now pending
before ACC and Annex 2 reads as follows:
“(1) For the restitution of goods produced during occupation which were taken by acts of spoliation and which still might be found in the hands of German organizations or inhabitants of Germany, the proof of origin shall be upon the claimants and the proof that the acquisition was the result of a regular contract is upon the holders of the goods. (2) Those in possession of goods which have been the object of spoliation shall be compelled to declare them to the control authorities: stringent penalties shall be attached to infractions to this obligation (3) all necessary [Page 1445] facilities shall be given, under the auspices of the zone commander, to the Allied states to send into Germany expert missions to search for goods which have been the subject of spoliation, to identify, store and remove them to the country from which they were taken.”
Sent to USPolAd Berlin as 24 from Angell, Paris 242 repeated to Dept as 124 from Angell. [Angell.]