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

740.00119 EW/8–645: Telegram

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

Washington, August 8, 1945—6 p.m.

6679. For Clayton. Dept has just learned of memo for General Clay, dated Babelsberg, August 1 and signed by Pauley and you,⁵⁰ requesting General Clay to urge ACC to adopt attached proposed principle on restitution.

Dept anxious to be advised whether you expect expeditious action on this proposal by ACC. Failure of Potsdam conference to settle restitution is expected to increase pressure on Dept of claiming governments, which is already very heavy. See 4731 of August 6 from Paris, repeated to London as 571, to Frankfurt as 760 and to Moscow. It is anticipated that the Netherlands Govt is preparing to follow its series of notes⁵¹ on particular items of looted property with similar strongly worded note on restitution in general.

Before learning of your and Pauley’s memorandum we had considered asking Allied Commission on Reparations to adopt principles on restitution as part of general policies governing reparation, but now assume this device for early agreement and announcement is excluded. If matter is to be pursued in ACC, should Dept take action here to secure an appropriate JCS⁵² directive to General Eisenhower.⁵³ If however you do not anticipate expeditious action by ACC, we urge you to consider advisability of Dept initiating intergovernmental negotiation for identical directives to zonal commanders on this subject. This procedure would particularly recommend itself if you anticipate Russian objection and are prepared to proceed with implementation of your principle in three Western zones.

Further question arises in our minds regarding wording of proposed Principle on Restitution attached to August 1 memo. If Dept prepares JCS directive for immediate communication to General Eisenhower or as basis for inter-governmental negotiation would you agree to broadening language so as to provide restitution of communications and power equipment, such as that looted from Netherlands electric system and PTT.⁵⁴ Other refinements of lesser importance might also be adopted, such as substitution of “power-driven” for “heavy” in describing industrial and agricultural machinery, in order to eliminate ambiguity.⁵⁵

Sent to London as 6679. Repeated to Moscow for Pauley as 1770, to Frankfort for Murphy for Despres as 252, and to Paris as 3744.

Byrnes

50. Reference is to the draft memorandum by Assistant Secretary Clayton printed in Conference of Berlin (Potsdam), vol. ii, p. 934.
51. None printed.
52. Joint Chiefs of Staff.
53. General of the Army Dwight D. Eisenhower, Commanding General, U.S. Forces, European Theater; Commander in Chief, U.S. Forces of Occupation in Germany, and Military Governor, U.S. Zone in Germany; U.S. Representative on the Allied Control Council for Germany.
54. Post, telegraph, and telephone.
55. In his reply, contained in War Department telegram MX 25246, August 10, from Moscow, Mr. Pauley stated: “The suggestions you make in your cable are entirely acceptable to me. I will attempt again to get a definition of restitution while here in Moscow with French participation. Failing in this I shall take the matter up with the French and British separately and attempt to get the Control Council to define restitution in accordance with your wishes.” (740.00119 EW/8–1045)