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

740.00119 E.W./12–545: Telegram

The Ambassador in Frame (Caffery) to the Secretary of State

Paris, December 5, 1945—midnight.
[Received December 6—5 a.m.]

6996. From Angell No. 118. Desire Department’s instruction urgently re addition of a second section to mytel 75¹¹ (previously approved by No. 54¹² to me) to read as follows:

“2. That each country participating in the reparation settlement proposed by the Conference accept its share of reparation with the understanding that by such acceptance it has waived, on behalf of itself and those persons entitled to its protection, all claims which might be made against Germany, the Allied Control Council and France, the United Kingdom and the US in consequence of the incidence of the industrial removals policy in the Western Zones of Germany upon property within Germany in which such country or those entitled to its protection may have had an interest, direct or indirect.”

See in this connection mytel 102.¹³ Even should it be decided that United Nations’ interests removed will not be charged to reparation, share of interested country if allocated thereto and that interested country will be compensated if removed property allocated elsewhere, suggested provision as protection against miscellaneous claims for loss of earning power, quasi-tort claims re negligence in removals operations, etc.

Only possible objection I see would exist if Department completely abandoned position that US should in some way claim outside of reparation settlement for US interests removed. Since I consider that Clayton-McCloy letter¹⁴ and Repmem 15¹⁵ are definite renunciations of this position, I recommend inclusion of above provision.

Characteristically, Waley reacted against above on ground that fairly complicated, unnecessarily specific and would provoke protracted discussion in full conference. He averred, jestingly perhaps, that would take 10 days to clear such a proposal in London. A subordinate of his believes a brief insertion of above principle in statement in my 75 would be accepted by Waley with little delay. [Angell.]

Caffery

11. See telegram 6756, November 23, 2 p.m., from Paris, p. 1406.
12. See telegram 5534, November 27, 7 p.m., to Paris, p. 1419.
13. See telegram 6930, December 1, from Paris, p. 1436.
14. Not printed, but see telegram 638, October 10, 1 p.m., to Berlin, p. 1335.
15. Not printed.