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61340 Vorabseiten_e - Unabhängige Expertenkommission Schweiz

61340 Vorabseiten_e - Unabhängige Expertenkommission Schweiz

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concerned, it was stated that «individual claimants should look for satisfaction<br />

of their claims solely to their national governments». The committee stated its<br />

conviction that the governments of liberated countries would «undoubtedly<br />

take the necessary steps for invalidating transfers made under duress». Likewise,<br />

on the subject of stolen property moved to neutral countries, it stated:<br />

«Every effort must be made to prevent the neutral States from defeating<br />

the restitution programme by permitting their territory to be used, in<br />

effect, as a refuge for stolen goods».<br />

In the London Declaration of 5 January 1943 on the initiative of the British,<br />

the Allies addressed the neutral states and claimed for themselves the general<br />

right to declare property transfers invalid. The wording of the warning was as<br />

follows:<br />

«The Governments making this Declaration and the French National<br />

Committee reserve all their rights to declare invalid any transfers of, or<br />

dealings with, property, rights and interests of any description whatsoever<br />

which are, or have been, situated in the territories which have come under<br />

the occupation or control, direct or indirect, of the Governments with<br />

which they are at war, or which belong, or have belonged, to persons<br />

(including juridical persons) resident in such territories. This warning<br />

applies whether such transfers or dealings have taken the form of open<br />

looting or plunder, or of transactions apparently legal in form, even when<br />

they purport to be voluntarily effected.» 5<br />

The Declaration encompassed all transfers of property, irrespective of whether<br />

they were the result of obvious spoiling or were carried out within a systematic<br />

occupation economy. From the Allied point of view, even the «voluntary nature»<br />

of the transfer of assets or the fact that a fair price had been paid for objects of<br />

value was not enough to remove the obligation to make restitution. Switzerland<br />

must have felt itself all the more targeted by this Declaration as the Swiss<br />

National Bank (SNB) had been criticised since 1942 on account of its gold transactions<br />

with the Reichsbank. It was easy to see that the Allies primarily had these<br />

transactions in mind. When Switzerland continued to purchase large amounts of<br />

stolen gold from the German Reichsbank in 1943 and when such transactions<br />

were also conducted with other neutral states – with Portugal in particular – the<br />

Allies issued a renewed warning in unequivocal language in February 1944. 6<br />

To increase the efficiency of its economic war effort, the USA began to systematically<br />

collect economic data. This activity was later supplemented by the<br />

424

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