Office of the Historian

Doc. No. 15 (E).

Memorandum on the Clauses Concerning the Waiving of Claims Against Germany (Art. 67)

undated

Article 67

Article 67 states that Italy renounces on her own behalf and on behalf of Italian nationals all claims, including credits against Germany and German nationals outstanding on May 8, 1945, except those arising out of contracts and other obligations entered into before Sept. 3, 1939.

It should be mentioned that most of Italy’s claims against Germany arose after Italy declared war on Germany on October 13, 1943. These claims refer especially to the following main items:

1.
Opening of credits with the Bank of Italy for the occupation indemnity imposed on the government of the so-called fascist republic by the German Command between October 1943 and April 1945. [Page 197] This opening of credits, which for the most part were drawn, amounts to an enormous sum.
2.
A huge quantity of monetary gold removed from Italy by the German authorities and transferred to Germany;*
3.
Industrial installations and machinery—often the most up-to-date models—taken from Italian factories by the Germans;
4.
Debts with private firms and public Administrations left unpaid and amounting to several billion present-day lire. Requisitions, indemnities and miscellaneous items that were not settled.

To waive all these claims—as Article 67 compels Italy to do—would mean to cancel undeniable Italian rights born from the war which Italy declared and fought against Germany side by side with the United Nations. Italy fought this war at the cost of great sacrifice and it would be against all laws of justice to deny her legitimate claims against Germany for acts committed during the occupation, often against international law.

Nor is the reservation in the last part of the Article—which gives vague assurance as to measures that may be taken on this point by the Powers in occupation of Germany—sufficient to attenuate the seriousness of the clause.

It is felt that the problem of Italy’s claims against Germany should be reexamined so that a fairer solution may be reached. The question could be considered from the following two angles:

a.
Italian property wrongfully removed by the Germans to their country. Surely there can be no possible objection to Italy’s getting back such part of her property as has been found on Germany territory or elsewhere. This right, moreover, has already been recognised by some of the Allied and Associated Powers;
b.
Claims against Germany arising in cases considered in Nos. 1 and 4 of this Memorandum and in other cases.

It is realised that it will be difficult to meet these claims, in view of the burden imposed on Germany as reparation. It is to be hoped, however, that once German economy and production have picked up, it will be possible for Germany not only to pay the reparations due to the Powers entitled to them, but also to gradually pay off her debts towards Italy.

It is requested, therefore, that the question of Italy’s claims against Germany be reconsidered, taking into account the legitimate Italian interests according to the procedure which the U.S.S.R. proposed to adopt for the settlement of similar question for Finland, Hungary, Bulgaria and Roumania.

  1. The gold question and the question of rolling stock are dealt with in detail under Article 65. [Footnote in the source text.]↩