740.00119 Control (Germany)/12–1345: Telegram
The United States Political Adviser for Germany (Murphy) to the Secretary of State
[Received December 14—12:52 p.m.]
1252. Item 1. Coordinating Committee at its twenty-sixth meeting yesterday, US member presiding, dealt chiefly with routine matters.
Item 2. With respect to restitution question, French member said he had not yet received his new instructions but he understood they were on the way. Soviet delegation presented their promised new draft definition49 which was a combination of their original definition and Clay’s compromise.50 Russians suggested amendment of paragraph 2 of Clay’s compromise would read as follows:
“Restitution will be limited in the first instance to identifiable goods which existed at the time of occupation of the country and which were taken out of the country by the enemy through use of force. Also included under measures of restitution are other identifiable goods produced during the occupation and which were acquired by the enemy by an act of force. As regards all other articles taken away, the question will be discussed in each particular case by the Control Council which will take account of the compatibility of restitution [Page 1463] with the satisfaction of reparations and the minimum economy to be left Germany.”
Russians suggested no change be made in paragraph 3 of their original proposal reading substantially as follows:
“In the case of property destroyed or worn out by the enemy, the right of replacement by identical or comparable property is restricted to objects of a unique character such as works of art, et cetera (the question of gold and precious metals being left out of discussions).”
General Clay insisted that in the light of the new suggested paragraph 2, the words “claims for replacement” be substituted for “right of replacement” above.
Consideration of the question was deferred to Coordinating Committee’s next meeting.51
Item 3. Coordinating Committee adopted plan for the immediate interim restitution of identifiable works of art and other cultural objects taken by the Germans from liberated territories. Plan confirms steps which have already been taken by the American authorities to return such objects.52
. . . . . . .
- Not printed.↩
- See telegram 1126, November 28, 8 p.m., from Berlin, p. 1426.↩
- Discussion of restitution at the twenty-seventh meeting of the Coordinating Committee was brief and inconsequential, principally due to the fact that the French member still had not received instructions from his Government (740.00119 Control (Germany)/12–1845).↩
- For text of the document adopted, see vol. ii, p. 955.↩