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61340 Vorabseiten_e - Unabhängige Expertenkommission Schweiz

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the International Commission of Holocaust Era Insurance Claims (ICHEIC), to<br />

produce the exact figures on the number or the value of insurance policies<br />

concluded with Swiss insurance companies which were never paid out to their<br />

legitimate owners. This represents an open issue. Neither did it prove possible<br />

to determine either the number of policies that had been sold outside of<br />

Switzerland with a special clause stipulating the possibility of their being paid<br />

out in Switzerland, or the number of those policies which had been sold to Jews<br />

in those countries which were later to be occupied. The extremely daunting task<br />

of searching through the enormous inventory of old policies is still a job to be<br />

tackled, and the ICHEIC is doing so at present up to a certain degree. Its work<br />

is thus limited to a compilation of the names and persons who held such<br />

policies, and it is not concerned with an analysis of the insurance company’s<br />

behaviour.<br />

6.5 Restitution of Looted Securities<br />

Until 1943, Swiss banks sold looted securities on the stock exchange for<br />

Germany, which in return received urgently needed foreign currency. Only after<br />

the Allies warned the neutral countries in January 1943 against dealing in<br />

looted goods on behalf of the Axis powers did the stock exchanges and Swiss<br />

Bankers Association implement appropriate measures. However, these were by<br />

no means systematically implemented, so that a grey market arose, resulting in<br />

numerous problems right after the war. In contrast to the bank and insurance<br />

assets, securities – similar to looted art – were considered as assets that could<br />

physically be restituted and therefore fell under the decree on looted assets<br />

outlined in section 6.2.<br />

Hence, any company that had imported securities into Switzerland from<br />

Germany and its occupied territories became the focus of events. The Swiss<br />

Bankers Association assumed an important role at this time, representing the<br />

interests of the financial community and acting as a mouthpiece for the banks<br />

concerned. Although it did not appear as a party in the actions brought before<br />

the Federal Supreme Court, it did on several occasions take on the task of<br />

defending the reputation of banks against accusations that they had acted as<br />

receivers of stolen goods. A few months after the war ended, Adolf Jann,<br />

managing director of the Union Bank of Switzerland, saw the issue of looted<br />

assets as the «acid test for a friendlier and more benevolent attitude of the US<br />

towards Switzerland». 103 Jann realised at an early stage that the key issue<br />

confronting the Swiss Federal Supreme Court would be whether the Swiss<br />

government or more particularly the banks had to fund compensation payments<br />

466

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