61340 Vorabseiten_e - Unabhängige Expertenkommission Schweiz

«Switzerland plays a significant role in international art trade as a transit
country, with a highly developed tourist sector. The auctions arranged by
Swiss art-dealing companies therefore always attract a large number of
dealers and art-lovers, with the main contingent coming from Germany.
Since the coming into force of the German-Swiss Clearing Agreement and
the difficulties which this has created in terms of the payment options for
products of non-Swiss origin, the German buyers are almost entirely absent
[from these events].» 19
Within the administration, the well-known Lucerne auction of June 1939 was
regarded as interesting from an economic point of view; after the close of
business, it was noted:
«that from a general economic perspective, facilitating this auction
through its exemption from clearing obligations has brought nothing but
benefits to Switzerland, both directly and indirectly». 20
The Federal authorities – the Federal Political Department (EPD), the Federal
Department of Home Affairs (EDI), the Federal Department of Justice and
Police (EJPD), and the Swiss Clearing Office (SVSt) – and the courts at various
levels must have noticed that the regulations governing the problems linked
with the art trade were unsatisfactory or worse, inadequate. However, the state
saw no reason to introduce amendments to the law. As a result of external
pressure and after a long period of inactivity, it merely adopted a provisional
Emergency Decree, with a two-year validity time-limit, very suddenly in
December 1945. It had turned out that over 70 pictures or drawings, confiscated
by Nazi organisations in France and the Netherlands, had been sold or
exchanged for «respectable art» in Switzerland. According to the Federal
Council’s Decree on Looted Assets, the so-called «Raubgutbeschluss», these
artefacts – provided that they were object of a law suit – had to be returned to
the former owner, despite the good faith of a Swiss purchaser. 21
Between 1933 and 1945, three measures were adopted to regulate the import
and export of cultural assets: the Federal Council’s Decree of 23 April 1935, the
act of disposal of 17 March 1938 and the Communiqué of 25 May 1944. All
three must be viewed as measures to protect Switzerland’s own community of
people engaged in the arts and culture sector. Only the very last makes reference
to the import of looted art. Provenance had not been an issue until 25 May 1944
when it was pointed out that «in light of the present circumstances, the greatest
caution should be exercised, for various reasons, when acquiring works of art of
foreign origin». 22 However, this did not mean that the expropriations by the
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