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61340 Vorabseiten_e - Unabhängige Expertenkommission Schweiz

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clear that Switzerland had nothing to reproach itself for in this regard: «We<br />

have adopted a clean and irreproachable position. It is not our mission to<br />

accept and protect war criminals and plunder. Rather, Switzerland will do<br />

everything in its power to ensure that property obtained illegally is<br />

returned to its rightful owners.» 31<br />

This statement was in line with the agreement signed on the following day,<br />

8March, in which the Federal Council stated that it was prepared to freeze and<br />

certify German assets in Switzerland:<br />

«The Swiss Government, acting both on its own behalf and on behalf of<br />

the Principality of Liechtenstein, affirms its decision to oppose that the<br />

territory of Switzerland and the Principality of Liechtenstein be used for<br />

the concealment or the receiving of assets taken illegally or under duress<br />

during the war. It further declares that every opportunity will be given to<br />

dispossessed owners to claim in Switzerland and in the Principality any<br />

property found there, within the framework of Swiss legislation as it exists<br />

today or as it may be amended in future.» 32<br />

However, barely three weeks later, the promises made by Switzerland in this<br />

agreement were repudiated by an internal circular from the Federal Political<br />

Department (Eidgenössisches Politisches Departement, EPD), which declared this<br />

«veritable plan for economic warfare» 33 by the Allies against Switzerland<br />

unacceptable in terms of its neutrality policy. By this time Switzerland was<br />

already pursuing a dual strategy which consisted on the one hand of seeking<br />

rapid agreement with the Allies, and on the other hand playing for time when<br />

implementing practical measures.<br />

Legislation on looted assets, 1945/1946<br />

In the last few months before the end of the war, the Allied demands on<br />

Switzerland – particularly in relation to legislation on the return of looted<br />

cultural assets – took on such proportions that the government set about establishing<br />

a general legal basis for the restitution of looted assets. However, the<br />

legislative process proceeded slowly. On 20 August 1945, an initial step was<br />

taken to create a procedure for impounding looted assets. But, instead of establishing<br />

effective import and export controls, particularly for works of art, the<br />

Federal Council finally decided to introduce no more than an informal reporting<br />

procedure. The enquiry into stolen securities and works of art held in safes<br />

which was initiated by the Federal Political Department (EPD) as a result<br />

encountered resistance from the Swiss Bankers Association, whose legal<br />

433

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