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

740.00119 EAC/1–1845: Telegram

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

London , January 18, 1945—9 p.m.
[Received January 19—7:02 a.m.]

648. Cornea 153. The United Kingdom representative on the European Advisory Commission has circulated a memorandum amending the United Kingdom memorandum of November 21 on restitution,¹ transmitted in my despatch 19457 of November 24.^1a The United Kingdom representative now feels that:

Three of the November 21 memorandum is too restrictive² inasmuch as many identifiable United Nations properties situated in enemy territory have not been placed or kept under custodianship.

The new memorandum proposes that the restitution commission should adjudicate such additional claims and proposes the following wording as a substitute for (1) in paragraph 7 of the November 21 memorandum (EAC) 44 (28): “To receive, consider and determine claims of the Governments of the United Nations, presented either on their own behalf or on behalf of their nationals, for the restitution of identifiable property (other than ships and inland transport units), which has been the subject of an act of dispossession by the enemy and was located either (a) in Germany, at the date of the outbreak of hostilities between Germany and the United Nation concerned, or (b) in the territory, from which it was subsequently removed, at the date of the German invasion of that territory. Only claims to property which has been recovered shall be adjudicated.” Copies by air.³ Please furnish paraphrase to General Hilldring and Strong.⁴

Winant

1. Foreign Relations, 1944, vol. ii, p. 1048.
2. Not printed.
2. This paragraph of the memorandum of November 21, 1944, had provided that United Nations property which had merely been placed under custodianship by the enemy authorities, who continued to respect the ultimate title to it, should be excluded from the purview of the Restitution Commission which the memorandum proposed be established (740.00119 EAC/11–2444).
3. The full text of the memorandum by the United Kingdom representative which was circulated in the Commission as document E.A.C. (45) 5, January 17, was transmitted by the Ambassador in the United Kingdom in his despatch 20445, January 18; neither printed.
4. Maj. Gen. John H. Hilldring, Director, Civil Affairs Division, War Department, and Maj. Gen. George V. Strong, Senior Army Representative on the Joint Post-War Committee, Joint Chiefs of Staff.