I am not translating this into the English language in view of the fact
that as it is being transmitted in its present form to other Governments
the Department will no doubt wish to have it in its original.
[Enclosure—Translation]
The Luxembourg Government to the American Legation
in Luxembourg66
Note
1. In deference to a desire expressed by the Luxembourg Government,
the Chairman of the European Advisory Commission,67 in a letter of December 12, 1944,68 was good
enough to invite a Representative of the Luxembourg Government to
establish contact with a Committee appointed by the Commission. This
Representative obtained from the Committee information regarding the
Act which will establish the capitulation of Germany, without,
however, receiving the text of that Act itself because of its
chiefly military character. He was, furthermore, given the
opportunity to enter upon an exchange of views concerning the
matters relating thereto and offering a special interest for
Luxembourg.
The Luxembourg Government deeply appreciated the decision which
permitted it thus to get in touch with the European Advisory
Commission and it thanks the latter for the courteous reception
given by it to the Representative in question. It feels it its duty,
however, to invite the attention of the Government of the United
States to two important points concerning which it has not obtained
all the clarification and satisfaction that it desired.
2. According to the summary of the Act of Capitulation of which the
Luxembourg Government has received a copy, the Representatives of
the High Commands of the United States of America, Great Britain and
the Soviet Union, in formulating the terms of capitulation, will act
“in the interests of the United Nations”; whereas, in the armistice
with Italy, the High Command acted “on behalf of the United
Nations.” The Luxembourg Government is aware of the reasons which
determined this change of wording; nevertheless, it deems it
necessary that the significance thereof be exactly specified, so as
to avoid any future ambiguity and to prevent the enemy from
attempting to deduce, therefrom an erroneous interpretation
favorable to his interests. It is the understanding of the
Luxembourg Government that the fact of saying that the obligations
to be imposed upon Germany are formulated by the High Commands
acting in the interests
[Page 239]
of
the United Nations, places upon Germany obligations with respect to
each of the United Nations in the same manner as if it were
expressly stated that the High Commands acted on behalf of the
United Nations. The Luxembourg Government believes that it is thus
correctly interpreting the capitulation terms.
The Act of Capitulation, although it has an essentially military
character, will constitute, perhaps for a quite a long period, the
very basis of the rights which Luxembourg will be in a position to
invoke with respect to Germany. It is, therefore, from this Act
itself, as well as from the injunctions which, according to the
provisions of Part III, will subsequently be imposed upon Germany,
that Luxembourg must derive its rights. Among these injunctions, a
considerable number will offer particular importance for Luxembourg.
It would be inconceivable, under these conditions, that Luxembourg
should remain for several years in a doubtful position and without a
direct claim as regards Germany.
3. Part III of the Act of Capitulation refers to the injunctions of a
political, administrative, economic, financial, etc., character
which will hereafter be addressed to Germany. It is in this field
that action might be taken on the suggestions formulated by the
Luxembourg Government in the memorandum which it addressed on August
26, 1944 to the European Advisory Commission69 and which
refers particularly to remedial measures for spoliation carried out
in an occupied country, to restitution and prestations in the
economic, monetary, maritime and cultural fields, to the control of
enemy property, rights and interests, and of industrial, commercial,
etc., property, to the control of imports and exports, etc. The
Committee70 with which the Luxembourg
Representative71 has been in contact has not
hitherto been able to furnish any clarification in this matter, the
European Advisory Commission not having yet completed its
examination of these points. The Luxembourg Government feels it its
duty to emphasize the considerable interest which they present for
it. The concrete provisions which form the subject of Part II of the
Act of Capitulation have an essentially military character and
therefore concern primarily the Powers which are directing military
operations. On the contrary, the provisions referred to in Part III
present a very special importance for the States which, like
Luxembourg, have for several years been completely occupied by
Germany and subjected, under cover of that occupation, to the
systematic exploitation of their resources.
[Page 240]
The Luxembourg Government does not doubt that the Government of the
United States of America will give to its Representative on the
European Advisory Commission the necessary instructions in order
that the exchanges of views which have taken place hitherto with the
Luxembourg Representative may be continued as soon as possible with
regard to the questions which have just been mentioned.
