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

740.00119 EW/9–2045

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

Washington, September 20, 1945—5 p.m.

8245. For Secretary of State. Dept would appreciate your early comment on following draft directive on restitution which Dept proposes, if you approve, to submit to War Dept for issuance by JCS.⁵⁴

“1. This directive is issued to you as Commander-in-Chief, US Zone of Occupation, Germany, and US member of the Control Council for Germany.

You will seek to obtain agreement in the Control Council to the application in the other zones of occupation of the policies laid down in this directive. If, in your judgment, it appears impossible to obtain quadripartite agreement, you will explore the possibilities of a tripartite agreement applicable to the three Western zones and make appropriate recommendations to the JCS.

You will proceed with the application of this directive in your own zone even prior to agreement, provided, however, that restitution of property defined in paragraphs 2(c) and 2(d) will be effected only when the return of such property is certified by the appropriate representative of the claimant country to be urgently required for the rehabilitation and reconstruction of his country. The restitution or distribution of items subject to restitution shall not be delayed on the ground that they are needed to meet the requirements in any zone of occupation.

Items Subject to Restitution

2. Without prejudice to the formulation of a definitive restitution program, the following categories of property shall, as an interim measure, be subject to restitution in accordance with the provisions of this directive:

(a) All currencies of United Nations occupied by Germany;

(b) Works of art, books, artistic or historic archives, and other artistic, historic, cultural or religious property identified as having been looted or acquired in any way by Germans from United Nation countries during German occupation;

(c) Heavy and power-driven industrial and agricultural machinery and equipment, rolling stock, locomotives, barges and other transportation equipment (other than sea-going vessels) and communication and power equipment identified as having been looted or acquired in any way by Germans from United Nations during German occupation;

(d) Other goods, valuables, materials, equipment, livestock and other property found in storage or otherwise in bulk form and identified as having been looted or acquired in any way by Germans from United Nations during German occupation.

Procedures for Restitution

3. Your government will transmit to you from the governments of the USSR, France, Belgium, Luxembourg, Netherlands, Norway, Denmark, Poland, Czechoslovakia, Yugoslavia and Greece lists of property claimed to have been taken from their countries during the period of German invasion or occupation. Such lists will include wherever possible all relevant information regarding the circumstances and date of removal of such property by the Germans and the reported location of the property in Germany.

4. After examination of these lists you will indicate to your government which of these countries should be invited to send missions into your zone for the purpose of (a) substantiating claims for the restitution of property mentioned in paragraphs 2 (a) to (d), (b) receiving information regarding the location of property which has been the subject of restitution claims by their government, (c) identifying any such property to be restored or distributed in accordance with the provisions of this directive. You will furnish such missions facilities necessary to the proper discharge of their functions in your zone.

5. You will take steps in your zone to uncover and secure possession of all paper currency of United Nation countries invaded or occupied by Germany, and to deliver such currency to the government of the country of issue without the necessity of proof that it was looted or otherwise acquired from that country during the period of German invasion or occupation.

6. You will take steps in your zone to uncover and secure possession of property covered by paragraphs 2(b), 2(c) and 2(d), mentioned in lists submitted by claimant governments, and to restore such property to the government of the country from which it was taken.

General Provisions

7. You will require the claimant governments to give receipts for items received by them in accordance with the provisions of the directive. These receipts shall contain a brief description of the item received and its condition, and a waiver of any further claim as reparation or otherwise based upon the removal of the item concerned by the Germans or the exaction of funds used by the Germans to pay for it.

8. You will keep a complete record of items returned or distributed in accordance with the provisions of this directive; and you will submit to the Control Council and your government bi-monthly reports on the progress of the restitution program.

9. The cost of administering this program of restitution shall be counted as part of the costs of occupation which will be met by the German people.

10. A similar directive is being issued to CG, USFA,⁵⁵ although any property uncovered in Austria and subsequently removed to Germany shall be regarded as uncovered in Germany.”

Acheson

54. This draft directive, dated October 9, was submitted to the State-War-Navy Coordinating Committee (SWNCC) for consideration on October 12 and designated SWNCC 204.
55. Commanding General, United States Forces in Austria, Gen. Mark W. Clark. The proposed directive to General Clark was originally designated SWNCC 204/1, but since it was identical with the draft directive for Germany, except for the addressee, the separate designation was dropped before final approval was given (SWNCC file). For text of the directive as finally approved, see War Department telegram Warx 85965, November 29, p. 1427, which embodied the text of SWNCC 204/2.