Appendices

Conference Preparations

Appendix A:

SUMMARY OF THE ORGANIZING SEMINAR

FOR THE WASHINGTON CONFERENCE

ON HOLOCAUST-ERA ASSETS

TUESDAY, JUNE 30, 1998

WASHINGTON, DC

EXECUTIVE SUMMARY

On June 30, 1998, the U.S. Department of State and the United

States Holocaust Memorial Museum co-hosted an Organizing Seminar in

preparation for the Washington Conference on Holocaust-Era Assets,

which took place from November 30, 1998-December 3, 1998 at the

Department of State.

This day-long international organizing seminar, presided over by

Under Secretary Stuart E. Eizenstat, reviewed progress on gold issues

and helped fashion the agenda for the Washington Conference, scheduled

to take place later in the year. The Washington Conference on HolocaustEra Assets will address issues of Nazi-confiscated art, insurance, other

assets such as communal property, archives and libraries and Holocaust

education, remembrance and research. The goals of the Washington

Conference on Holocaust-Era Assets are to provide a forum in which the

international community can seek a consensus on means of addressing

Nazi-era injustices as they related to specific asset categories. The

organizing seminar was attended by delegations from 38 countries and

from eleven Non-Governmental Organizations.

The seminar opened with a reception at the U.S. Holocaust

Memorial Museum. Remarks by Miles Lerman, Chairman of the U.S.

Holocaust Memorial Council, and by Under Secretary Eizenstat

emphasized the need to complete the historical record, to examine what

nations have already done to seek to redress injustice, to see what more

could and should be done, and to keep the memory of the Holocaust and

the victims alive.
912 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

GOLD

The Organizing seminar reviewed progress since the December

1997 London Conference on Nazi Gold, and announced the close-down

of the Tripartite Gold Commission. The formal close-out ceremony was

scheduled for Paris in September 1998.

ART

Speakers on the panel on Nazi-confiscated art discussed the

historical background, efforts made to protect cultural treasures, and

current issues. Due to the massive theft of artworks by the Nazis, over

half of the 220,000 works remain lost to their original owners or their

heirs, according to one panelist. Panelists cited examples of efforts and

treaties in place during World War II, which were designed to protect

and retrieve stolen art objects in Europe. The panelists highlighted the

guidelines created by the Association of Art Museum Directors (AAMD)

as an example of recent efforts on behalf of museums to provide

guidelines and principles to address issues of unclear provenance.

Furthermore, open access to museum records and the creation of a

central database were cited as means of closing gaps of unclear

ownership.

INSURANCE

The complexity of issues surrounding the investigation and

restitution of Nazi-era insurance policies was highlighted by seminar

participants. Based on growing public and anecdotal evidence, it appears

that some insurance companies either never paid claims or paid them to

third parties. In addition, insurance policies were nationalized in some

instances, thereby allowing nations to avoid payment. Records have

been lost or destroyed. However, panelists pointed out that insurance

companies are initiating efforts to investigate their internal records and

wartime policies. Panelists from leading insurance companies pointed to

the need for a commission to address future claims on Nazi-era

insurance.

OTHER ASSETS

In the area of other assets, encompassing assets such as archives

and libraries, bonds, securities, gems, and communal property, delegates
APPENDIX A: ORGANIZING SEMINAR SUMMARY 913

stressed the need for increased research. However, delegates pointed out

that the lack of a systematic exchange of information hinders a

comprehensive study of the fate of these areas of assets and called for

further research on these subjects.

HOLOCAUST EDUCATION, REMEMBRANCE AND RESEARCH

Delegates agreed that Holocaust education should be

emphasized, in order to act as a warning against future injustices.

Panelists observed that positive examples of heroism should be

highlighted in addition to the destruction and horror of the Holocaust.

Panelists from educational institutions around the world discussed their

views on current efforts underway, citing as an example the educational

projects implemented both in Sweden and in Germany.

SUMMARY OF THE PROCEEDINGS OF THE ORGANIZING

SEMINAR

Under Secretary Eizenstat provided a brief record of the

following main points at the conclusion of the Organizing Seminar for

the Washington Conference on Holocaust-Era Assets.

Gold

• Italy announced the establishment of a new commission to

investigate Italian wartime banking activities.

• Greece announced its willingness to open the archives of its Finance

Ministry.

• Several delegations called for an opening of Vatican archives.

• A call for attention to the Romani community was made, who had

suffered Nazi persecution and genocide.

• Norway announced a decision to designate $60 million towards a

Holocaust victims restitution program.

• A call was made for the synthesis of the Swiss Bergier Commission

and the US gold reports, in order to create an accurate account.

• The creation of a central web site on archives was suggested, which

would act as a link between the sites of individual countries.
914 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Art

• Less than half of the 220, 000 works of art stolen during World War

II were recovered and restituted.

• The Association of Art Museum Directors (AAMD) announced the

creation of guidelines for Nazi-confiscated art.

• Lithuania called upon the Council of Europe to create similar

guidelines.

• Delegates discussed the London Declaration of 1943, in which the

Allies nullified commercial art transactions in occupied Europe.

• Questions of provenance and sovereignty still are of issue to the art

world as a result of Nazi looting and postwar restitution policies.

Insurance

• Representatives from the National Association of Insurance

Commissioners discussed the complexity of issues surrounding the

investigation and restitution of insurance policies purchased before

the war.

• German representatives outlined its investigations of wartime and

postwar insurance activities.

• Representatives from Allianz insurance company discussed internal

records investigations.

• Delegates recognized that a structure is being created in order to

achieve results with minimal confrontation.

Other Assets

• Gems are being investigated by Belgium.

• Delegates made a call for the investigation of communal property.

• Research on and restitution of savings of slave laborers brought to

Germany was requested.

• An investigation of the theft and sales of victims clothing and other

personal belongings was suggested.

Education

• Delegates recognized the importance of Holocaust education, beyond

restitution of assets.

• Positive examples of heroism should be taught in addition to the

destruction and horror of the Holocaust.

• Education, research and remembrance are key, becoming an

enduring legacy for future generations.
Appendix B:

SUMMARY OF THE ROUNDTABLE

DISCUSSION ON NAZI-LOOTED ART

TUESDAY, JUNE 9, 1998

WASHINGTON, DC

On June 9, 1998, the U.S. Department of State and the United

States Holocaust Memorial Museum co-hosted a Roundtable

Discussion on Nazi-Looted Art at the Museum. This roundtable was

one of a series of events in preparation for the Washington Conference

on Holocaust-Era Assets. This event brought together government

officials, scholars, and representatives of interested and affected

institutions, in order to provide an educational opportunity for all parties

involved as well as to gain a better understanding of the numerous

complex issues associated with restitution of Nazi-confiscated art. In

order to structure the discussion effectively, the roundtable was divided

into three sections that focused on separate elements of the issue.

NAZI LOOTING OF ARTWORKS: HISTORY AND

SOURCES

The history session discussed the gaps in our knowledge of the

history of Nazi-looted art, needed archival sources, and concerns related

to such archival sources. The implications of issues surrounding

Holocaust era confiscated art extend beyond individual cases to affect the

entire process of art collection, whether by individuals or institutions,

such as museum or galleries. The question of restitution of works of art

to individual victims of the Holocaust is complex. There is a large body

of unclaimed and unidentified works. In addition, there are works that

are unaccounted for, which came to their current owners through a

variety of reasons. These works may have been sold under duress, sent

to Nazi leaders from occupied countries, lesser known works by minor

artists, so-called “degenerate” artworks that were stolen and fed to the art

trade, works taken to the Soviet Union, or art considered “war loot”.

Many of these unrecovered works are in private collections and therefore
916 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

virtually untraceable. Heirless works, for which no claimants remain

living, compose another difficult category of relevant art works. Art

restitution efforts by Allies after WWII were sometimes incomplete and

some artworks, handed over to their country of origin, were not returned

to their pre-war owners. National efforts during the post-war period

were largely completed by the late 1960s.

Large-scale restitution measures could possibly affect the art

market in the areas of purchasing, exhibiting and borrowing. Three areas

of difficulty were identified that may contribute to the enormity of the

problem of art restitution: determining what is missing, determining

locations and owners, and devising an equitable method of restitution for

past and present owners.

The need to create a comprehensive inventory of international,

freely accessible archival holdings of materials related to restitution

issues was considered one of the most important steps. Sources are

presently dispersed in archives, government repositories, and private

collections, as well as among personal papers belonging to organizations

and individuals. Archives in many countries continue to hamper and

restrict research efforts by being inaccessible, maintaining prohibitive

classification systems or by using local privacy laws as the basis for

blacking out references to specific individuals. A lack of funding for the

support of scholars further limits research efforts in this area.

 Many participants called upon archives to extend their

identification of relevant source material to include the war and post-war

period. Although numerous restitution claims were made during the

1960s, they were unsuccessful in part because the claimants, rather than

the current owners, were required to produce documentation of

ownership rights. In order to help families to properly identify their

missing works of art, relevant documents should be made available to

them to allow for a complete research effort. This is important because

many families are unable to fully identify their lost assets, since

inventories of collections were often taken at the time that the works of

art were taken. Proposals included making Nazi documents available for

those not aware of specific losses. Similarly, insurance companies

should be asked to audit policies with art schedules in order to help

individuals and families close gaps in provenance and to provide victims

with full appraisals, locations and names to be checked against published

sources.

 In order to be able to effectively research and resolve claims, the

creation of a database of private and state claims, as well as the creation

of a framework for research guidelines was suggested. The framework
APPENDIX B: ART ROUNDTABLE SUMMARY 917

should address both the practical concerns of claimants as well as the

moral implications of research into Holocaust era assets. The creation of

a board of experts, tasked with the assessment of historical record

regarding individual works of art, was also suggested as a means of

contributing to a more structured approach in restitution measures.

Underlying the discussion was the need to research both for historical

momentum and for the benefit of individual Holocaust victims.

The most often repeated theme was that researchers should have

free access to relevant archives worldwide. A lively debate ensued over

the possibility of a time limit on the validity on claims in order to

encourage active current investigation into Holocaust era assets. All

agreed with the need for an ongoing discussion among nations,

organizations and individuals.

LEGAL, MORAL, AND POLICY PERSPECTIVES

 The London Declaration of 1943 was one of the defining policy

and legal tenants regarding art transactions within Nazi-occupied

territories. This Declaration gave the signatory countries the right to

declare invalid the transfer of goods situated in occupied lands, including

sales under duress. It was proposed that a necessary point of discussion

during the Washington Conference should be the validity of the London

Declaration. A further 1946 accord that signed away all rights to

German assets held by Switzerland or Sweden was also sighted as

problematic in the establishment of ownership rights. It was suggested

that claims to art works which were sold by museums in Germany before

the war, including so-called “degenerate” art, should be considered acts

of state and therefore to be invalid.

Legal differences from country to country, from state to state, on

the issues of property rights, good faith purchases, statutes of limitations,

adjudication means, and costs and methods, complicate action that has

been and may be taken by claimants. Since many restitution laws do not

apply internationally, one suggestion was that US courts be the ones to

judge restitution cases in order to avoid incurring vast costs in

unsuccessful attempts by Holocaust survivors to reclaim property in

numerous countries. Many of these victims are now reaching the end of

their lives. Claimants face varying statutes of limitations. It was

recognized that the codification of statutes of limitations on the basis of

moral issues is extremely problematic. One participant suggested that if

Nazi confiscation of art is considered a war crime, no such specific
918 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

statute applies. Despite the ethical ramifications, present-day owners

have, in some claims cases, used statutes of limitations as a trump card in

order to retain Nazi-confiscated art.

In discussing broader implications of this debate on cultural

property, all agreed that the Washington Conference define its art issue

to deal only with Nazi confiscated art or forced sales of art. Unlike gold,

insurance, or bank accounts, art is now primarily owned by good-faith

purchasers who have no knowledge of the questionable history of their

objects. Many participants, concerned about the dilemma created by

such good-faith purchasers, suggested that some form of non-binding

mediation be made available to reach agreements. The practicality of

reaching international consensus on restitution issues was questioned.

Instead, it was felt that international pressure should be applied to those

possessing looted art. In cases where claimants had found that museums

regarded restitution cases as closed and were not interested in dealing

with survivors, some means of resolving disputes morally was needed.

Similarly, claimants had found it difficult or impossible to lodge claims

in some countries in which art returned at the end of the war had been

nationalized.

Concern was raised that many claimants to Nazi-looted art

simply cannot afford to fight current owners; legal fees alone can run

very high. In many cases, current owners possess greater means and may

not be willing to go to arbitration to settle disputes. Alternative methods

of resolution, such as mediation, were suggested as a means of creating

non-binding agreements aimed to solve individual cases. Specifically,

participants proposed the formation of a comprehensive, searchable list

of claims (as in the first session), called for an inventory of all national

and international laws concerning restitution of art works, suggested

alternative, non-binding forms of resolution to individual cases, asked for

an exploration of assistance measures for claimants without the means to

pursue law suits, and called for tax breaks or other incentives for good

faith purchasers of paintings with a tainted provenance.

PRINCIPLES, PROCESSES AND PRACTICAL STEPS

This session examined the possibility of establishing guiding

principles for claims processes, as well as practical steps necessary for

such procedures. There is strong and urgent public interest in seeing that

Holocaust victims recover lost assets. Stabilizing the international art

market and cultural exchange are also major concerns. Museums and
APPENDIX B: ART ROUNDTABLE SUMMARY 919

galleries are fearful of purchasing any work of art with even the slightest

question of provenance. This is hindering the availability of works of art

for public knowledge, research, and display. Participants noted that the

art world craves certainties, especially when considering a purchase.

U.S. museums must play a proactive role, serving as leaders in the

restitution and research process. The guidelines recently created by the

Association of Art Museum Directors were included, as an example of an

effort to clarify and establish needed measures to ensure consistency of

action among an affected group.

Participants saw the immediate creation of a complete, user

friendly database as the single most important measure for claims

research. The Art Loss Registry has announced a new endeavor to locate

and identify looted art. Working with museums, galleries, dealers, and

collectors, the ALR will attempt to return stability to the art market. The

ALR will offer its services free-of-charge to Holocaust survivors.

While participants recognized that some questions of provenance

will never be answered, they found it vital to call upon buyers and sellers

of works of art to investigate gaps in provenance, alerting affected parties

of possible tainted histories. Possible regulatory mechanisms for claims

cases could be found in non-binding third-party intervention. Increased

availability of archives and documentation, the expanded publication and

display of art objects, and international consensus can contribute to an

open environment.

Momentum created by the London Conference on Nazi Gold

will be expanded to focus on previously excluded categories of assets.

Inevitably, participants addressed the inclusion of claims that extend

beyond the realm of the Holocaust period. There was a recognition,

however, that while principles and processes discussed in relation to the

restitution of Holocaust era art relate to art restitution claims in general,

this particular forum should focus itself exclusively on addressing the

immediate concerns of victims of this period.

Appendix C:

SUMMARY OF THE SEMINAR ON

HOLOCAUST-ERA INSURANCE CLAIMS

SEPTEMBER 4, 1998

PRAGUE, CZECH REPUBLIC

On September 4, 1998, the Department of State hosted an

international Seminar on Holocaust era insurance claims in Prague,

Czech Republic. This seminar was one of a series of events in

preparation for the Washington Conference on Holocaust-Era Assets,

which took place at the Department of State from November 30 to

December 3, 1998.

This event brought together government officials, scholars and

representatives of private institutions, in a non-confrontational

atmosphere to discuss the complex historical issues associated with

Holocaust era insurance claims, as well as to support the international

claims resolution and humanitarian process initiated by the National

Association of Insurance Commissioners (NAIC).

BACKGROUND

Holocaust era insurance claims are complex and difficult issues.

The painful history of Nazi persecution was address, as well as the

ensuing totalitarian governments during the Cold War, left unresolved

compensation for Holocaust era insurance claims due to nationalization

of claims and the liquidation of insurance company assets.

Representatives from Poland, Hungary, Czech Republic and Slovakia

described how assets belonging to insurance companies were seized first

by the Nazis during World War II and, following the War, by the

Communists. Foreign insurance company assets, mostly in the form of

real estate, were taken by Communists to cover any liabilities companies

may have had. German insurance companies, specifically, were said not

have had any assets from which claims could have been paid.
922 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

The government of Poland signed an agreement with the United

Kingdom to transfer 500,000 pounds to Great Britain, in order to allow

British to pay claims from policies issues in Poland. Agreement between

Poland and Italy for Italian insurance companies, Generali and RAS, was

not achieved. Both companies suffered extensive losses of real property

assets during the War and were unable to pay claims from their pre-War

holdings. Potential claimants were referred to Generali's headquarters in

Trieste, in order to collect on unpaid insurance policies, but many remain

unresolved.

A compensation program initiated by the German government

did not benefit East European victims of the Holocaust because the

German Hallstein Doctrine prevented Germany from supplying

compensation to states recognizing the Communist East German regime.

However, following the collapse of communism, some of the East

European governments liquidated assets belonging to Western insurance

companies and created national compensation programs. Both the Czech

Republic and Hungary argue that the funds received from the liquidation

of these assets have begun to assist needy Holocaust victims.

Claimants applying for compensation for insurance policies

previously held in Poland were experiencing difficulty settling their

claims due to disagreements among the current government of Poland

and Italian insurance companies that conducted business in Poland

before WWII. The claims adjudication procedures in place, according

to some participants, were inadequate and did not allow for resolution of

the claims. Further disagreement, according to another seminar

participant, arose from the modest amounts allotted to Holocaust victims

through compensation programs. Hungary's program was cited as an

example. Since the contention over unpaid claims and seized assets still

hampers the compensation process, affected countries considered

meeting again in October 1998 to attempt to resolve their differences.

NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS

(NAIC) PROCESS

The Chairman and Vice Chairman of the National Association of

Insurance Commissioners outlined at the seminar their proposal for the

resolution of outstanding Holocaust era insurance claims. They reported

the task force, designed to create an international commission. The

commission would be made up of European and U.S. insurance

regulators, insurance company representatives and members of Jewish
APPENDIX C: INSURANCE SEMINAR SUMMARY 923

organizations representing Holocaust survivors. The U.S. Department of

State, as well as the European Commission would be granted an observer

seat. The proposed commission would have a balanced membership, six

European and six U.S. representatives, and would be head by a Chairman

acceptable to all commission members. Decisions would be made by

consensus. The commission would establish a claims adjudication

process, as well as distribution procedures designed to quickly resolve

outstanding individual claims. They would also establish a humanitarian

fund designed to provide prompt assistance to needy Holocaust

survivors.

Commission membership would be voluntary and all members

could withdraw from the process at any time. The procedures are meant

to substitute for the class action lawsuit filed against sixteen European

insurance companies. Five European insurance companies, AXA,

Allianz, Zürich, Winterthur and Basler, had signed the Memorandum of

Understanding for the International Commission. Others, such as

Generali, were still reviewing it. However, the general reaction from

representatives of Italian insurance companies, as well as from

government representatives seemed to be in support of the process

suggested by the NAIC.

FUTURE EFFORTS

NAIC representatives advocated an international commission

process that would seek early result through its empowerment to

negotiate settlements of Holocaust era insurance claims with individual

insurance companies. They also hoped that the momentum created by

support for the MOU and international commission will extend to those

insurance companies outside the process.

Appendix D:

SUMMARY OF THE ROUNDTABLE

DISCUSSION ON NAZI-CONFISCATED

LIBRARIES AND ARCHIVES

SEPTEMBER 11, 1998

WASHINGTON, DC

On September 11, 1998, the US Department of State and the

United States Holocaust Memorial Museum co-hosted a Roundtable

Discussion on Nazi-Confiscated Libraries and Archives at the Museum.

This roundtable was one of a series of events in preparation for the

Washington Conference on Holocaust-Era Assets. The program for this

roundtable discussion was modeled after an earlier roundtable discussion

on Nazi-confiscated art.

This event brought together government officials, scholars, and

representatives of interested and affected institutions, in order to provide

an educational opportunity for all parties involved as well as to gain a

better understanding of the numerous complex issues associated with the

restitution of Nazi-confiscated libraries and archives. In order to structure

the discussion effectively, the roundtable was divided into three sections

that focused on separate elements of the issue.

NAZI CONFISCATION OF LIBRARIES AND ARCHIVES: HISTORY

AND SOURCES

Participants discussed the history and found the gaps in our

knowledge of the history of Nazi-confiscated libraries and archives. The

discussion focused on known archival sources for research on this topic.

An historical discussion of wartime looting and plundering provided

insight to the Nazi policy of progressive cultural theft, which included

the systematic confiscation of the libraries and archives of nations,

communities, religious and political organizations.

Unlike artworks, there were no Nazi collectors of archives. No

comprehensive list or census of all archives existing at the beginning of

World War II exists. The MFA & A did compile catalogues of targeted
926 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

libraries and archives, which it used to pinpoint and aid in the post-war

restitution process.

Outstanding issues concerning confiscated libraries and archives

are primarily intergovernmental and not particularly financial in nature.

With the exception of the YIVO and Telshe Yeshiva Collections

currently held in the National Library of Lithuania, there do not appear to

be major conflicts in the library world concerning restitution of Naziconfiscated library and archival collections to US institutions.

Library collections held at the Offenbach Archival Depot were

generally restituted successfully; monthly reports of post-war activities at

Offenbach are available at the National Archives and Records

Administration. Records of the materials collected at Offenbach also

exist. Materials not initially recovered in 1945 and 1946 remain a

problem, as identifying missing archives is difficult. The post-war

military government was interested in recording collected materials, not

investigating privately held materials. The Allies had a policy of not

returning Jewish materials to the Soviet Union. Some of these can now

be found in Israel, and others were sold at auction.

Many important Nazi-confiscated archives have been hidden in

Central and Eastern Europe for over half a century. Originally

appropriated by the National Socialist regime, these libraries and

archives were claimed by the Soviet Union at the end of the Second

World War. Two major collecting points were identified in the East –

one operating under Rosenberg and another operating under RSHA. A

total of approximately 11 million books were taken from Germany to the

Soviet Union at the end of World War II. These were distributed to

libraries throughout the USSR, but only 4.7 million books from Germany

had been identified as of 1996. In 1992 approximately 600 books were

restituted to the Bibliotheca Rosenthaliana in Amsterdam from the

Rudomino Library of Foreign Literature in Moscow. The RussianGerman Library Commission on Restitution has agreed on unlimited

access to library collections for both sides.

Confiscated materials found in the former Soviet Union are not

catalogued, and many collections were not discovered until recently.

Many unrestituted archives are being held by the Osobyi Archive in

Moscow. These archives are available to scholars on a very limited basis

due to lack of funds for resources such as electricity, heat and security.

Full-scale finding aids to these collections are not available. These

archives and libraries include unique documents, which relate the

histories of destroyed communities for which no other records exist. In

some cases, administrators of Jewish and Hebrew archives in Eastern
APPENDIX D: LIBRARIES AND ARCHIVES ROUNDTABLE 927

Europe do not possess the means to organize, archive or even read

archival materials.

Information on confiscated libraries and archives, including lists

of missing materials, can be found in the appendices of the Jewish Social

Studies Journal and the Spoils of War Newsletter. Some individual

countries have compiled lists of missing archives; additional lists are

needed to identify other lost collections and to develop an international

inventory of libraries and archives. Roundtable participants noted a

number of web sited dedicated to “trophy” materials, some of which

present inaccurate information.

LEGAL, MORAL, AND POLICY PERSPECTIVES

Participants discussed the international legal basis and

precedents for restitution of unique official records of state and private

agencies and concluded they are even stronger than for works of art. By

1976, reinforcing the Hague Conventions of 1907 and 1954, UNESCO

had adopted the position that military occupation does not authorize a

right to retain archives acquired through occupation. The Council of

Europe has issued a resolution and publication, outlawing the term

“trophy” as well as calling on the international community to return

archives to their place of origin. Such resolutions, however, do not have

legal effect.

Conflicting laws and legal principles of Anglo-American and

Continental-European law create tensions regarding issues of restitution

claims. For example, European statutes of limitation expired 25 to 30

years after World War II. Unlike the US and the UK, Europe does not

recognize a “discovery rule”. The Anglo-American “discovery rule”

extends claims a further 2 to 6 years following the “discovery” of a

missing or hidden work. A consensus is needed to define the terms

“booty” and “confiscation” consistently on an international basis.

In some cases of confiscated libraries and archives, the

identification of the rightful heirs has been contested. For example,

YIVO archives could be seen as belonging to the present-day Jewish

community in Lithuania, or to the YIVO Institute in New York, which

considers itself the direct descendent of the pre-War community library.

Also, the United States National Archives holds many items from

businesses seized as enemy property during the Second World War.

Restitution of these materials and corporate archives could be seen as

morally obligated.
928 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

The Washington Conference aims to encourage good will, not to

institute legal procedures. It was suggested by one participant that

microfilm copies of collections be considered as a form of restitution,

promoting international accessibility for researchers. Other participants

resisted this proposal, as such restitution measures do not address basic

questions of original theft and rightful ownership.

It was agreed that original materials should be returned to the

country of origin and made available in accessible locations. Also

agreed was that law courts would likely not effectively resolve issues.

Accordingly, professional archivists should work together to resolve

standing issues. To this end, resolutions may be more easily reached on a

bilateral basis.

PRINCIPLES, PROCESSES, AND PRACTICAL STEPS

In this session participants examined the possibility of

establishing guiding principles for claims processes, as well as practical

steps necessary for such procedures. The group unanimously agreed that

documentation of events of this period is of great importance. Although

countries are encouraged to examine the entirety of their archives, such

measures are impractical. Alternatively, countries are encouraged to

identify missing materials. All existing information needs to be

discussed, not only the active heirs of one group. Private archives and

the records of Jewish communities which were completely annihilated

during the Holocaust should also be investigated in the attempt to gain a

clear picture of historical events.

There is no equivalent for archives and libraries to the guidelines

set forth earlier this year by the American Association of Museum

Directors for artwork. Several models for restitution were suggested,

including the Art Loss Registry. Another example was the Jewish

Cultural Reconstruction, as heirs would appreciate recognition of

previous ownership as well be consulted regarding archival losses. It was

suggested that heirless archives be sent to Israel, where they could be

placed in the Central Jewish Library. Such an action would make records

available for research in addition to ensuring their documentation and

preservation.

In general, it appears that an open exchange of information

concerning library collections and continuing discussions and

consultations should help resolve outstanding issues.
Conference Documents

The Washington Conference on Holocaust-Era Assets, co-hosted by the U.S. Department

of State and the United States Holocaust Memorial Museum, is a government-organized,

international meeting of forty-four governments and a limited number of nongovernmental organizations seeking to address Nazi-confiscated assets, specifically art

and insurance, and to conclude any remaining gold issues, as well as communal property,

archives, books, the role of historical commissions, and Holocaust education,

remembrance and research.

Appendix E:

CONFERENCE SCHEDULE

MONDAY, NOVEMBER 30, 1998

19:00-20:00 Opening Ceremony

Hall of Witness, United States Holocaust Memorial

Museum

100 Raoul Wallenberg Place, S.W.

(15th Street entrance – Raoul Wallenberg Place)

Followed by a Reception, Wall of Remembrance,

Concourse Level

Speakers:

Miles Lerman, Chairman, United States Holocaust

Memorial Council

Stuart E. Eizenstat, Under Secretary of State for

Economic, Business and Agricultural Affairs

Abner J. Mikva, Conference Chairman

Elie Wiesel, Founding Chairman, United States

Holocaust Memorial Council and Nobel Peace

Laureate

20:00-22:00 Reception guests are invited to visit the Museum

exhibitions

TUESDAY, DECEMBER 1, 1998

08:30 Registration at U.S. Department of State

2201 “C” Street, N.W.

(“C” Street entrance)
932 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

09:15 Delegates proceed to the Loy Henderson Auditorium

09:30 Conference Begins in Plenary Session

Open to Press via live transmission into Dean Acheson

Auditorium

Miles Lerman, Chairman, U.S. Holocaust Memorial

Council

Welcome and Introduction of the Conference

Chairman

Abner J. Mikva, Conference Chairman

Opening Remarks

09:50 Stuart E. Eizenstat, Under Secretary of State for

Economic, Business, and Agricultural Affairs

Welcome and Introduction of the Secretary of State

Madeleine K. Albright, Secretary of State

of the United States of America

Keynote Address

10:15 Anthony Layden, Head of Delegation

of the United Kingdom

Greetings from Robin Cook, Foreign Secretary,

United Kingdom

Stuart E. Eizenstat, Under Secretary of State for

Economic, Business, and Agricultural Affairs

Opening Remarks on behalf of U.S. Delegation

Avraham Hirchson, Head of Delegation of Israel

Opening Remarks

Dr. Rajko Djuric, Head of Delegation, International

Romani Union

Opening Remarks
APPENDIX E: CONFERENCE SCHEDULE 933

10:45 Plenary Session Closed to Press

REVIEW OF GOLD ISSUES, RESEARCH AND

RESOLUTION

CHAIRED BY WILLIAM J. MCDONOUGH, PRESIDENT AND

CHIEF EXECUTIVE OFFICER, FEDERAL RESERVE BANK

OF NEW YORK

Presenters:

Stuart E. Eizenstat, Under Secretary of State for

Economic, Business and Agricultural Affairs/United

States

Ambassador Louis Amigues, Director of Archives and

Documentation, Ministry of Foreign Affairs/France

Anthony Layden, Head, Western European Department,

Foreign and Commonwealth Office/United Kingdom

Followed by discussion

11:45 Plenary session on gold ends; delegates proceed to lunch

12:00-13:45 Lunch at the State Department

Benjamin Franklin Room, 8th Floor

Speakers:

Edgar Bronfman, President, World Jewish Congress and

World Jewish Restitution Organization

Lord Janner of Braunstone, Chairman, Holocaust

Educational Trust

14:00 Plenary Session Closed to Press

OVERVIEW OF HOLOCAUST-ERA INSURANCE CLAIMS

CHAIRED BY AMBASSADOR LYNDON OLSON, U.S.

AMBASSADOR TO SWEDEN AND FORMER TEXAS

INSURANCE COMMISSIONER

Presenters:

Gerald Feldman, Professor of History, University of

California, Berkeley and Fellow, American Academy

in Berlin/United States

Israel Singer, Secretary General, World Jewish Congress
934 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Glenn Pomeroy, North Dakota Insurance Commissioner

and President, National Association of Insurance

Commissioners (NAIC)/United States

Neil Levin, Superintendent, New York State Insurance

Department, and Vice Chair, NAIC International

Holocaust Commission Task Force/United States

Herbert Hansmeyer, Member of the Board of

Management, Allianz AG

Followed by discussion

15:30 Break

15:45 Plenary Session Closed to Press

OVERVIEW OF NAZI-CONFISCATED ART ISSUES

CHAIRED BY REPRESENTATIVE JAMES A. LEACH,

CHAIRMAN, COMMITTEE ON BANKING AND

FINANCIAL SERVICES, U.S. HOUSE OF

REPRESENTATIVES

Presenters:

Jonathan Petropoulos, Professor, Department of History,

Loyola College in Maryland/United States

Lynn Nicholas, Independent Scholar/United States

Ernst Bacher, Chairman, Austrian Art

Commission/Austria

Valeriy Kulishov, Restitution Expert, Ministry of

Culture/Russia

Ronald S. Lauder, Chairman of the Board, Museum of

Modern Art/United States

Earl Powell III, Director, National Gallery of Art/United

States

Followed by discussion

17:30 Plenary session on art ends

17:30 Press briefing on gold, insurance and art plenaries

Dean Acheson Auditorium
APPENDIX E: CONFERENCE SCHEDULE 935

18:00-19:30 Reception

Hosted by His Excellency Sir Christopher Meyer, British

Ambassador

British Embassy

Ambassador’s Residence

3100 Massachusetts Avenue, N.W.

Delegation members and by invitation only

WEDNESDAY, DECEMBER 2

09:00 Plenary Session Closed to Press

SEPARATE OVERVIEWS OF NAZI-CONFISCATED

COMMUNAL PROPERTY AND

ARCHIVES, BOOKS AND HISTORICAL COMMISSIONS

COMMUNAL PROPERTY

CHAIRED BY REPRESENTATIVE BENJAMIN A. GILMAN,

CHAIRMAN, COMMITTEE ON INTERNATIONAL

RELATIONS, U.S. HOUSE OF REPRESENTATIVES

Presenters:

Stuart E. Eizenstat, Under Secretary of State for

Economic, Business and Agricultural Affairs

Ignatz Bubis, President, European Jewish Congress

Erzsébet Pék, Second Secretary, Ministry of Foreign

Affairs/Hungary

Saul Kagan, Executive Vice President, Conference on

Jewish Material Claims Against Germany

Andrew Baker, Director, European Section, American

Jewish Committee

ARCHIVES, BOOKS AND HISTORICAL COMMISSIONS

CHAIRED BY AMBASSADOR LOUIS AMIGUES, DIRECTOR

OF ARCHIVES AND DOCUMENTATION, MINISTRY OF

FOREIGN AFFAIRS/FRANCE

Presenters:

Gill Bennett, Head Historian, Foreign and

Commonwealth Office/United Kingdom
936 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Michael Kurtz, Assistant Archivist, National Archives

and Records Administration/United States

Siegfried Büttner, Vice President, German Federal

Archives/Germany

Jean-Francois Bergier, Chairman, Bergier

Commission/Switzerland

John Van Oudenaren, Head, European Division, Library

of Congress/United States

10:45 Plenary session on other assets ends

11:00-12:45 Delegates proceed to concurrent break-out

sessions on art, insurance and other assets, as

well as education, remembrance and research

(off-site)
APPENDIX E: CONFERENCE SCHEDULE 937

WEDNESDAY, DECEMBER 2

BREAK-OUT SESSION: NAZI-CONFISCATED ART

Loy Henderson Auditorium Closed to Press

CHAIRED BY REPRESENTATIVE JAMES A. LEACH, CHAIRMAN,

COMMITTEE ON BANKING AND FINANCIAL SERVICES, U.S. HOUSE OF

REPRESENTATIVES

11:00-12:45 Government Restitution Policies, Postwar to Present

Presenters:

Wojciech Kowalski, Head, Dept. of Intellectual and

Cultural Property Law, University of Silesia/Poland

Oliver Rathkolb, Kreisky Archives and Institute for

Contemporary History, University of Vienna/Austria

Hector Feliciano, Independent Scholar/United States

Richard Bevins, Historian, Library and Records

Department, Foreign and Commonwealth

Office/United Kingdom

Nikolai Gubenko, Deputy Chairman of the Committee

on Culture, State Duma/Russia

C.E. van Rappard-Boon, Head Inspector, Ministry of

Education, Culture, and Science/The Netherlands

13:00-14:30 Lunch at the State Department

Benjamin Franklin Room, 8th Floor

Speaker: Representative Charles E. Schumer, U.S.

House of Representatives

14:45-15:30 Identification of Art, Archives and Databases

Presenters:

Seymour Pomrenze, First Director, Offenbach Archival

Depot/United States

Connie Lowenthal, Director, Commission for Art

Recovery, WJC/WJRO

Ronald Tauber, Chairman, The Art Loss Register

Gilbert Edelson, Administrative Vice President and

Counsel, Art Dealers Association of America
938 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Konstantin Akinsha, Research Director, Project of

Documentation of Wartime Losses

Ori Soltes, former Director, Klutznick National Jewish

Museum

15:30-17:00 Principles to Address Nazi-Confiscated Art

Presenters:

Philippe de Montebello, Director, Metropolitan Museum

of Art, U.S. Association of Art Museum Directors

Task Force/United States

Francoise Cachin, Director, Museums of France and

Ambassador Louis Amigues, Director of Archives and

Documentation, Ministry of Foreign Affairs/France

Sharon Page, Tate Gallery and Chair of Working Group

on Nazi Spoliation of Art, National Museums and

Galleries’ Directors Conference/United Kingdom

Carla Schulz-Hoffmann, Deputy Director General,

Bavarian State Paintings Collection/Germany
APPENDIX E: CONFERENCE SCHEDULE 939

WEDNESDAY, DECEMBER 2

BREAK-OUT SESSION: HOLOCAUST-ERA INSURANCE CLAIMS

Room 1107 (Overflow Room 1207 with Audio) Closed to Press

CHAIRED BY AMBASSADOR LYNDON OLSON, U.S. AMBASSADOR TO

SWEDEN AND FORMER TEXAS INSURANCE COMMISSIONER

11:00-11:40 Historical Overview: Nazi Confiscation of Insurance

Policy Assets

Presenters:

Gerald Feldman, Professor of History, University of

California, Berkeley, and Fellow, American Academy

in Berlin/U.S.

Tomas Jelinek, Office of the President of the Czech

Republic

11:40 – 12:45 Postwar Government Compensation Programs and

Nationalizations

Presenters:

Rudolph Gerlach, Department Chief, German Federal

Regulatory Agency for Insurance Practices

Gideon Taylor, Vice President Elect, Conference on

Jewish Material Claims Against Germany

Tamás Földi, Public Policy Institute/Hungary

Vojtech Mastny, Senior Research Scholar, Woodrow

Wilson International Center

Elzbieta Turkowska-Tyrluk, Vice President, Powsechny

Zaklad Ubezpieczen (PZU)/Poland

13:00-14:30 Lunch at the State Department

Benjamin Franklin Room, 8th Floor

Speaker: Representative Charles E. Schumer, U.S.

House of Representatives
940 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

14:45-15:30 Unpaid Claims

Presenters:

Gerald Feldman, Professor of History, University of

California, Berkeley, and Fellow, American Academy

in Berlin/United States

Alan Hevesi, Comptroller of the City of New

York/United States

Catherine Lillie, Director, Holocaust Claims Processing

Office, New York State Banking Department/United

States

Bobby Brown, Adviser to the Prime Minister for

Diaspora Affairs, Prime Minister’s Office/Israel

15:30-17:00 Solutions: Addressing Claims and Providing

Humanitarian Relief

Presenters from the International Commission on

Holocaust-Era Insurance Claims:

Neil Levin, Superintendent, New York State Insurance

Department, and Vice Chair, NAIC International

Holocaust Commission Task Force

Bill Nelson, Commissioner, Florida Department of

Insurance

Israel Singer, Secretary General, World Jewish Congress

Alberto Tiberini, Assistant General Manager,

Assicurazioni Generali S.p.A.

Lawrence S. Eagleburger, Chairman, International

Commission
APPENDIX E: CONFERENCE SCHEDULE 941

WEDNESDAY, DECEMBER 2

BREAK-OUT SESSION: OTHER NAZI-CONFISCATED ASSETS AND THE

ROLE OF HISTORICAL COMMISSIONS

Room 1105 (Overflow Room 1205 with Audio) Closed to Press

11:00-12:45 Communal Property: Progress and Challenges

CHAIRED BY REPRESENTATIVE BENJAMIN A. GILMAN, CHAIRMAN,

COMMITTEE ON INTERNATIONAL RELATIONS, U.S. HOUSE OF

REPRESENTATIVES

Presenters:

Ambassador Naphtali Lavie, Vice Chairman, World

Jewish Restitution Organization

Jerzy Kichler, President, Union of Jewish Congregations

in Poland

Michael Lewan, Chairman, U.S. Commission for the

Preservation of America’s Heritage Abroad

13:00-14:30 Lunch at the State Department

Benjamin Franklin Room, 8th Floor

Speaker: Representative Charles E. Schumer, U.S.

House of Representatives

14:45-16:00 Archives and Books

CHAIRED BY AVNER SHALEV, CHAIRMAN OF THE DIRECTORATE, YAD

VASHEM/ISRAEL

Presenters:

Eric Ketelaar, Legal Counsel, National Archives/The

Netherlands

Rev. Fr. Marcel Chappin, Professor, Gregoriana

Pontifical University/The Holy See

Yaacov Lozowick, Director of the Archives, Yad

Vashem Institute/Israel

Robert Vanni, General Counsel, NY Public

Library/United States
942 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Abby Smith, Program Officer, Council on Library and

Information Resources/United States

Robert Waite, Historian, Office of Special

Investigations, Department of Justice/United States

Shimon Samuels, Director for International Liaison,

Simon Wiesenthal Center, Paris

16:00-17:30 The Role of Historical Commissions

CHAIRED BY GILL BENNETT, HEAD HISTORIAN, FOREIGN AND

COMMONWEALTH OFFICE/UNITED KINGDOM

Presenters:

Peter Klein, Professor, and Secretary of the Scholten

Commission/The Netherlands

Pablo Martin-Aceña, Fundacion Empresa Publica/Spain

Ambassador Krister Wahlbäck, Swedish Foreign

Ministry and Member, Swedish Commission on

Jewish Assets

Ambassador Sevinc Dalyanoglu, General Director for

Multilateral Economic Affairs, Turkish Ministry of

Foreign Affairs

Ignacio Klich, Academic Coordinator, Commission of

Enquiry into the Activities of Nazism in Argentina

(CEANA)
APPENDIX E: CONFERENCE SCHEDULE 943

WEDNESDAY, DECEMBER 2

BREAK-OUT SESSION: HOLOCAUST EDUCATION, REMEMBRANCE

AND RESEARCH

Held offsite at the U.S. Holocaust Memorial Museum Open to Press

11:15-12:30 Overview of the Importance of Holocaust Education,

Remembrance, and Research

Joseph and Rebecca Meyerhoff Theater

CHAIRED BY MILES LERMAN, CHAIRMAN, UNITED STATES HOLOCAUST

MEMORIAL COUNCIL

Presenters:

Lord Janner, Chairman, Holocaust Educational

Trust/United Kingdom

Representative Tom Lantos, House of

Representatives/United States

Avraham Burg, Chairman of the Executive, The Jewish

Agency for Israel

Beate Kosmala, Center for Anti-Semitism Research,

Technical University, Berlin/Germany

T.J. Blankert-van Veen, Head of Department, Ministry

of Health, Welfare and Sport/The Netherlands

Adolphe Steg, Vice President, Mattéoli Commission,

and Professor of Medicine, University of Paris/France

Rev. Dr. Remi Hoeckman, Secretary of the Holy See’s

Commission for Religious Relations with the Jews,

O.P.

Yehuda Bauer, Professor, Yad Vashem Institute/Israel

12:30-13:15 Goals of the Task Force for International Cooperation on

Holocaust Education, Remembrance, and Research

CHAIRED BY BENNETT FREEMAN, SENIOR ADVISOR TO THE UNDER

SECRETARY FOR ECONOMIC, BUSINESS AND AGRICULTURAL AFFAIRS
944 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Presenters:

Stuart E. Eizenstat, Under Secretary of State for

Economic, Business and Agricultural Affairs/United

States

Pär Nuder, State Secretary, Prime Minister’s

Office/Sweden

Anthony Layden, Head, Western European Department,

Foreign and Commonwealth Office/United Kingdom

Avner Shalev, Chairman of the Directorate, Yad

Vashem/Israel

Albert Spiegel, Deputy Head, Cultural Section of the

Foreign Office/Germany

13:15-14:45 Lunch at U.S. Holocaust Memorial Museum

(Museum Café)

14:45-16:00 Best Practices and Future Projects in Holocaust

Education, Remembrance and Research

A. Concurrent Panel Session

(Meyerhoff Theater, with emphasis on remembrance)

CHAIRED BY SARA BLOOMFIELD, ACTING DIRECTOR, UNITED STATES

HOLOCAUST MEMORIAL MUSEUM

Presenters:

Teresa Swiebocka, Senior Curator, Auschwitz-Birkenau

State Museum/Poland

Yehuda Bauer, Professor, Yad Vashem Institute/Israel

Stephen Smith, Beth Shalom Holocaust Memorial and

Education Centre/United Kingdom

Regina Wyrwoll, Head of the Media Section, Munich

Head Office, Goethe-Institute/Germany

William Shulman, President, Association of Holocaust

Organizations/United States

Mark Weitzman, Director, National Task Force Against

Hate, Simon Wiesenthal Center/United States

Kenneth Jacobson, Assistant National Director, AntiDefamation League/United States

Daisy Miller, Survivors of the Shoah Visual History

Foundation/United States
APPENDIX E: CONFERENCE SCHEDULE 945

B. Concurrent Panel Session

(Rubinstein Auditorium, with emphasis on curricular education)

CHAIRED BY WILLIAM PARSONS, CHIEF OF STAFF, UNITED STATES

HOLOCAUST MEMORIAL MUSEUM

Presenters:

Vladka Meed, American Gathering of Jewish Holocaust

Survivors/United States

Shulamit Imber, Pedagogical Director, Yad

Vashem/Israel

Trudy Gold, Spiro Institute/United Kingdom

Robert Sigel, Josef Effner High School,

Dachau/Germany

Paul Levine, Prime Minister’s Living History

Project/Sweden

Margot Stern Strom, Director, Facing History and

Ourselves National Foundation/United States

Marcia Sachs Littell, Director, National Academy for

Holocaust & Genocide Teacher Training, The Richard

Stockton College of New Jersey/United States

David Singer, Director of Research, American Jewish

Committee/United States

C. Exhibits of Holocaust resources and curricula by individual

governments and NGOs involved in Holocaust education,

remembrance, and research

(Concourse Area – on view all day)

17:30 Break-out Sessions Close

17:30 Press briefings on other assets plenary and on art,

insurance, other assets and education break-out

sessions

U.S. Department of State

Dean Acheson Auditorium

19:00-21:00 Reception at the National Archives Rotunda

Host: John W. Carlin, Archivist of the United States

Delegates by invitation only
946 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Speakers:

John W. Carlin, Archivist of the United States

Nili Arad, Director General, Justice Ministry/Israel

THURSDAY, DECEMBER 3

08:45 Delegates arrive at U.S. Department of State and

proceed to Loy Henderson Auditorium

09:00 Conference Sessions Resume

Open to Press via live transmission into Dean Acheson

Auditorium

Task Force for International Cooperation on Holocaust

Education, Remembrance, and Research

Statement by representatives from the United States,

Sweden, the United Kingdom, Germany, and Israel

09:30 Closing Plenary Session

Presenters:

Miles Lerman, Chairman, United States Holocaust

Memorial Council

Benjamin Meed, President, American Gathering of

Jewish Holocaust Survivors

10:00 Concluding Statements by Country Delegations

Austria

Hans Winkler, Head of Delegation
APPENDIX E: CONFERENCE SCHEDULE 947

Belarus

Vladimir Adamushko, Head of Delegation

Bulgaria

Ambassador Philip Dimitrov, Head of Delegation

Canada

Howard Strauss, Head of Delegation

Czech Republic

Jiri Sitler, Head of Delegation

France

Ambassador Louis Amigues, Head of Delegation

Germany

Ambassador Antonius Eitel, Head of Delegation

Greece

Ambassador Alexander Philon, Head of Delegation

Israel

Yaakov Levy, Deputy Director General, Ministry of

Foreign Affairs

Italy

Minister Franco Tempesta, Head of Delegation

Macedonia

Vladimir Naumovski, Head of Delegation

Netherlands

Ambassador Jan d’Ansembourg, Head of Delegation

Poland

Agnieszka Magdziak-Miszewska, Advisor to the Prime

Minister

Switzerland

Ambassador Thomas Bohrer, Head of Delegation
948 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Ukraine

Igor Lushnikov, Head of Delegation

United Kingdom

Anthony Layden, Head of Delegation

Lord Janner of Braunstone

United States

Under Secretary Stuart E. Eizenstat, Head of Delegation

11:15 Delegation Statements Conclude

11:45 Abner J. Mikva

Concluding Remarks by Conference Chairman

12:30-13:30 Lunch at the State Department

Benjamin Franklin Room, 8th Floor

13:00 Press Conference Dean Acheson Auditorium

14:00 Washington Conference on Holocaust-Era Assets

Concludes

The U.S. Department of State and the United States Holocaust

Memorial Museum gratefully acknowledge the support of The Blanche and

Irving Laurie Foundation, the British Embassy, and the National Archives and

Records Administration.
Appendix F:

WASHINGTON CONFERENCE ON

HOLOCAUST-ERA ASSETS

PARTICIPANTS

CONFERENCE CHAIRMAN

The Honorable Abner J. Mikva

HOSTS

Stuart E. Eizenstat, Under Secretary of State for Economic, Business and

Agricultural Affairs

Miles Lerman, Chairman, United States Holocaust Memorial Council

CONFERENCE DIRECTORATE

J.D. Bindenagel, Conference Director

Stanley Turesky, Conference Working Group Director

Richard A. Smith, Jr., Conference Deputy Director

Wesley A. Fisher, Conference Working Group Deputy Director

CONFERENCE STAFF

United States Department of State

Ambassador Henry Clarke, Communal Property

Judy Osborn, Art

Milton Gwirtzman, Art

Basil Scarlis, Insurance

John Becker, Communal Property

Steve Dubrow, Press Officer
950 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Bennett Freeman, Senior Advisor

Ananta Hans, Program Assistant

Jody L. Manning, Program Assistant

Eric Kneedler, Special Assistant

Holly Waeger, Intern

United States Holocaust Memorial Museum

Sara Bloomfield, Acting Museum Director

William Parsons, Chief of Staff

Ralph Grunewald, Director of External Affairs

Mary Morrison, Director of Communications

Shana Penn, Director of Media Relations

Linda S. Lazar, Director of Special Events

Sylvia Kay, Museum Conference Planning

Susanne Brose, Intern

Nicolas Gauvin, Intern

Sarah Lueer, Intern

National Archives and Records Administration

Greg Bradsher, Director, Holocaust-Era Assets Records Project

DELEGATIONS

Albania

Ambassador Petrit Bushati, Ambassador

Mrs. Zhaneta Mansaku, Second Secretary

American Gathering of Jewish Holocaust Survivors

Mr. Benjamin Meed, President (Presenter)

Mr. Sam Bloch, Senior Vice President

Mr. Roman Kent, Chairman of the Board

Mr. Max Liebmann, Treasurer

Mrs. Vladka Meed, Educational Committee Chairperson (Presenter)

Mrs. Lidia Budgor

Mr. Freddy Diament, Former President of Ernst Strauss, Inc.

Mr. Leon Stabinsky, President, California Association of Holocaust

Child Survivors
APPENDIX F: CONFERENCE PARTICIPANTS 951

Gene Korf, Executive Director, The Blanche and Irving Laurie

Foundation

Mr. Albert Rich

Laura Master

Adelaide Zagoren

American Jewish Committee

Mr. David Harris, Executive Director

Rabbi Andrew Baker, Director of European Affairs (Presenter)

Dr. David Singer, Director of Research (Presenter)

Ms. Dottie Bennett, President, Washington Chapter

Mr. Nicholas Lane, Chairman, International Relations Commission

Mr. Eric Fusfield, Assistant Director of European Affairs

American Jewish Joint Distribution Committee

Mr. Eliyahu Shashua, Legal Counsel, International AJJDC

Mrs. Caryn Wechsler

Mrs. Anja Heuss

Mr. Peter Heuss

Anti-Defamation League

Mr. Kenneth Jacobson, Assistant National Director (Presenter)

Stacy Burdett, Assistant Director, D.C. Office

Mr. Irving Shapiro, Vice-Chairman

Mr. Irving Geszel

Ms. Susan Heller, Director, Middle East Affairs and International

Analysis

Ms. Margery Russell, Co-Chair, Brown Holocaust Institute

Mr. Herman Ziering

Argentina

Ambassador Diego Guelar

Ambassador Daniel Castruccio

Mr. Jose Gutierrez Maxwell, Minister

Dr. Ignacio Klich, Academic Coordinator, Commission of Enquiry into

the Activities of Nazism in Argentina (CEANA) (Presenter)

Manuel Mora y Araujo, President, Commission of Enquiry into the

Activities of Nazism in Argentina (CEANA)

Minister Alberto de Nunez, Deputy Chief of Mission

Mr. Pablo Beltramino, Secretary of Embassy
952 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Mr. Rodolfo Blachowicz, Counselor, Embassy of Argentina

Mr. Marcelo Massoni, Secretary of Embassy

Australia

Mr. Andrew Todd, Counselor

Ms. Elizabeth McKenna, Congressional Liaison Office

Austria

Mr. Hans Winkler, Director for the Americas, Ministry of Foreign

Affairs

Professor Ernst Bacher, Chairman, Austrian Art Commission (Presenter)

Mrs. Hannah Lessing, Secretary General, National Fund of the Republic

of Austria for Victims of National Socialism

Mr. Ariel Muzikant, President, Federation of Jewish Communities

Mr. Bertrand Perz, Historian, Member of the Austrian Historical

Commission

Mr. Martin Weiss, Counselor (Political and Congressional), Embassy of

Austria

Dr. Gerlinde Manz-Christ, Consul, Consulate General, New York

Belarus

Dr. Vladimir Adamushko, Deputy Chairman, State Committee on

Archives

Mr. Valtantsin Herasimav, Chairman, Mutual Understanding and

Recognition Fund

Professor Olga Nekhai, Professor, Minsk State Linguistic University;

President, Belarussian Association of Former Nazi Prisoners "Lyos"

Mr. Leonid Sennikov, Counselor

Mr. Leonid Levin, Chief of the Workshop, Project Enterprise; President,

Belarussian Association of Jewish Communities

 Arkady Cherepansky, Charge d'Affairs, Embassy of Belarus

Belgium

Mr. Walter Lion, Minister Plenipotentiary, Deputy Director General

Mr. Nicolas Vanhove, Conseiller Adjoint, Mission Restitution of Spoiled

Goods, Ministry of Economic Affairs

Mr. Philippe Dartois, Minister Plenipotentiary

Professor Georges Schnek, President, Consistoire of Belgium

Mr. Walter Stevens, First Secretary (Economic), Embassy of Belgium
APPENDIX F: CONFERENCE PARTICIPANTS 953

B'nai B’rith International

Mr. Richard D. Heideman, Esq., International President

Dr. Sidney Clearfield, Executive Vice President

Mr. Donald Sussis, International Chairman, B’nai B’rith Center for

Public Policy

Mr. Michael Hausfeld, International Chairman, B’nai B’rith Lawyers

Network

Mr. Daniel Mariaschin, Director, B'nai B'rith Center for Public Policy

Bosnia and Herzegovina

Ambassador Sven Alkalaj, Ambassador to the United States

Mr. Sead Tikvina, First Secretary

Ms. Meliha Basic, Political Attache

Brazil

Mr. Marcos Vinicius Pinta Gama, Counselor (Human Rights and Social

Affairs), Embassy of Brazil

Bulgaria

Ambassador Philip Dimitrov, Ambassador to the United States

Professor Nikola Toholakov, Deputy Chief of Mission

Mrs. Nedyalka Chakalova, Second Secretary

Canada

Mr. Howard Strauss, Director, Oceans, Environment and Economic Law

Division, Department of Foreign Affairs and International Trade

Mr. Irving Abella, Professor, York University and Glendon College

Mr. Paul Marsden, Archivist, State, Military and Justice National

Archives of Canada

Ms. Susan Murdock, Manager, Government Action and Institutional

Development, Department of Canadian Heritage

Mr. Charles Black, Senior Advisor, Insurance Operation Canadian Life

and Health Insurance Association

Mr. David Walden, Director, Moveable Cultural Property Program,

Department of Canadian Heritage

Ms. Rochelle Wilner, Senior Vice President B’nai B'rith Canada

Conference on Jewish Material Claims Against Germany

Dr. Israel Miller, President

Mr. Saul Kagan, Executive Vice President (Presenter)

Mr. Gideon Taylor, Executive Vice President Elect (Presenter)
954 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Mr. Karl Brozik, Representative in Germany

Mr. Moshe Jahoda, Associate Executive Vice President

Croatia

Ms. Snjezana Bagic, Deputy Minister of Justice

Mrs. Ljerka Alajbeg, Chief Legal Advisor to the Ministry of Foreign

Affairs

Ms. Branka Sulc, Assistant Minister of Culture

Mrs. Branka Grabovac, Head of Department for Public Debt

Cyprus

Dr. Erato Kozakou-Marcoullis, Ambassador of Cyprus to the United

States

Mr. Andreas Kakouris, Deputy Chief of Mission

Mr. George Chacallt, Counselor

Czech Republic

Mr. Jirí Sitler, Director, Department of Central European Affairs,

Ministry of Foreign Affairs

Mr. Karel Holomek, Chairman of the Association of Friends and Experts

of the Museum of Roma Culture

Mr. Tomás Kraus, Executive Director, Federation of Jewish

Communities

Mr. Tomás Jelínek, Counselor of Political Affairs, Office of the

President (Presenter)

Mr. Vít Vlnas, Director of Archives, National Gallery

Ambassador Alexandr Vondra, Ambassador to the United States

Mr. Antonin Hradilek, Deputy Chief of Mission

Denmark

Mr. Svend Olling, Secretary of Embassy

Mr. Jeffrey Cohen, Director, Member of the Jewish Community,

Denmark

Professor Therkel Straede, Professor

Estonia

Ambassador Kalev Stoicescu, Ambassador to the United States

Jaan Salulaid, First Secretary

European Council of Jewish Communities

Mr. David J. Lewis, President
APPENDIX F: CONFERENCE PARTICIPANTS 955

Mr. Michael May, Executive Director

Mrs. Hannah Lewis

Mr. J. Zissels, Chairman, Association of Jewish Organizations and

Communities of Ukraine

European Jewish Congress

Mr. Ignatz Bubis, President, European Jewish Congress, and President,

Zentralrat der Juden in Germany (Presenter)

Mr. Eldred Tabachnik, Q.C., President of the Board of Deputies of

British Jews, and Honorary President, European Jewish Congress

Mr. Henri Hajdenberg, Vice President, EJC; President of the Counseil

Representatif des Institutions Juives de France

Rabbi Yaakov Bleich, Chief Rabbi of Kiev and the Ukraine

Mr. Serge Cwajgenbaum, General Secretary

Mr. Joop Sanders, Director, Federation of Dutch Jewish Communities

Mr. David Susskind, Member, Directing Committee of the Comitee de

Corrdination des Organizations Juives de Belgique

Mr. Ben Helfgott, Chairman, Yad Vashem Committee of the Board of

Deputies

Finland

Ambassador Esko Kiuru, Ambassador

Mr. Teemu Tanner, Deputy Chief of Mission

Heikki Hämäläinen, Secretary to the Board, Bank of Finland

Mr. Jukka Hartikainen, Editor, Otava Publishing Company

Ms. Kirsti Kauppi, First Secretary

France

Ambassador Louis Amigues, Director, Archives and Documentation,

Ministry of Foreign Affairs (Chair, Archives, Books and Historical

Commissions Plenary session, and Presenter)

Fact-Finding Mission on the Looting of Jewish Assets (Mattéoli

Commission):

Professor Adolphe Steg, Deputy Chairman of the Commission

(Presenter)

Mr. Serge Klarsfeld, Esq., President of the Association of Sons and

Daughters of Deportees; Member of the Commission

Mr. Alain Pierret, Member of the Commission

Mrs. Annette Wieviorka, Member of the Commission

Mrs. Claire Andrieu, Member of the Commission

Mr. André Larquié, Director of the Mission
956 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Mr. Jean Saint-Geours, Inspector General of Finance, Chairman of the

Committee, Bank Oversight Committee accredited to the Fact-Finding

Mission on the Looting of Jewish Assets

Mr. Jacques-Henri Gougenheim, Representative of the Committee,

Insurance Oversight Committee accredited to the Fact-Finding Mission

on the Looting of Jewish Assets

Mr. Claude Lanzman, Film Director, Eminent Person

Mr. Pierre Gisserot, Inspector General of Finance, Chief of Mission,

Ministry of Economy, Finance, and Industry: Coordinating Mission on

Looting and Restitution

Mr. Patrice Dreiski, Special Assistant, Ministry of Economy, Finance,

and Industry: Coordinating Mission on Looting and Restitution

Mrs. Myriam Constantin, Special Assistant, Ministry of Economy,

Finance, and Industry: Coordinating Mission on Looting and

Restitution

Mrs. Françoise Cachin, Director of the Museums of France, Ministry of

Culture and Communication, (Presenter)

Mr. Norbert Engel, Inspector General, Ministry of Culture and

Communication

Mr. Philippe Lefort, Second Counselor, Embassy of France in

Washington

Germany

Prof. Dr. Tono Eitel, Ambassador, Ministry of Foreign Affairs

Prof. Dr. Dr. Rudolf Dolzer, Professor, Legal Consultant, Bonn

University

Hagen Graf Lambsdorff, Ministerial Director, Press and Information

Office

Dr. Albert Spiegel, Deputy Director, Cultural Affairs, Ministry of

Foreign Affairs (Presenter)

Mr. Michael Geier, Head of Division, Ministry of Foreign Affairs

Mr. Otto Loeffler, Director, Ministry of Finance

Mr. Richard Wiemer, Counselor, Ministry of Foreign Affairs

Mr. Enrico Brandt, Attache, Ministry of Foreign Affairs

Ambassador Juergen Chrobog, Ambassador to the United States

Mr. Harald Braun, Minister (Political) Embassy of the Federal Republic

of Germany

Mr. Volker Schlegel, Minister (Economic), Embassy of the Federal

Republic of Germany

Mr. Claus Wunderlich, First Political Counselor, Embassy of the Federal

Republic of Germany
APPENDIX F: CONFERENCE PARTICIPANTS 957

Mr. Thomas Terstegen, Counselor, Embassy of the Federal Republic of

Germany

Mr. Claudius Fischbach, First Secretary, Embassy of the Federal

Republic of Germany

Mr. Jens Hanefeld, Second Secretary, Embassy of the Federal Republic

of Germany

Greece

Ambassador Alexander Philon, Ambassador to the United States

(Presenter)

Dr. George Dertilis, Professor of History, Athens University

Mrs. Photini Constantopoulou, Expert Counselor, Director of the Service

of Historical Archives, Ministry of Foreign Affairs

Dr. Hagen Fleischer, Professor of History, Athens University

Mr. Albert Hagoul, Secretary General, Jewish Community of

Thessoloniki

Dr. Gabrielle Etmektsoglou, Historian - Visiting Fellow, Princeton

University

The Holy See (Observer Delegation)

Rev. Dr. Remi Hoeckman, Secretary of the Holy See's Commission for

Religious Relations with the Jews, O.P. (Presenter)

Rev. Fr. Marcel Chappin, Professor, Gregoriana Pontifical University

(Presenter)

Hungary

Dr. Zsolt Visy, Deputy State Secretary of the Ministry of National

Cultural Heritage

Dr László Asztalos, President, State Insurance Supervision Agency

Dr. Erzsébet Pék, Senior Legal Advisor, International Law Department,

Ministry of Foreign Affairs (Presenter)

Dr. György Boytha, Ambassador, Associate Professor of Law, ELTE

University

Dr. Zoltán Bányász, Counselor, Embassy of Hungary

Dr. Zsuzsanna Bóna, Legal Assistant, State Insurance Supervision

Agency

Ms. Zsófia Trombitás, First Secretary, Cultural Attache

International Romani Union

Dr. Rajko Djuric, President, International Romani Union (Presenter)

Mr. Marcel Courthiades, Rromani Baxt
958 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Zoran Dimov, TV BTR Nacional

Mr. Victor Famulson, Vice President

Fredi Reinhard-Hoffmann, Representative to the United Nations

Alija Mesic

Josef Muscha Muller

Jovan Nicolic, Vice President

Stefan Pailson

Rita Prigmore

Zivadin Radosavljevic

Dr. Emil Scuka, Secretary General

Milorad Vujicic

Mr. Barry Fisher, Legal Counsel

Israel

Ambassador Zalman Shoval, Ambassador to the United States

Mr. Avraham Hirchson, Member of Knesset (Presenter)

Ms. Nili Arad, Director General, Ministry of Justice

Mr. Ya'akov Levy, Deputy Director General, Ministry of Foreign Affairs

Mr. Bobby Brown, Advisor to the Prime Minister on Diaspora Affairs

(Presenter)

Mr. Levi Ben-David, Minister, Deputy Chief of Mission

Mr. Avi Granot, Minister, Public and Interreligious Affairs

Dr. Avner Shalev, Chairman, Yad Vashem (Chair, Archives and Books

Break-out session, and Presenter)

Mr. Mattityahu Droblas, Chairman, World Jewish Congress

Ms. Talya Lador-Fresher, Counselor, Ministry of Foreign Affairs

Mr. Zvi Barak, Co-Chair, World Jewish Congress

Mr. Aharon Mor, Coordinator, Israel Committee on Restitution of Jewish

Property

Ms. Zigora Samet, Commissioner of Capital Market, Insurance, and

Saving

Ms. Yehodit Ben-Susan

Mr. Itamar Levin, Globes INC

Mr. Gideon Koren, Aid to Delegation Chairman

Italy

Mr. Franco Tempesta, Minister Plenipotentiary - Deputy Director

General for Economic Affairs, Ministry of Foreign Affairs

Mr. Mario Bondioli-Osio, Chair, Commission on Stolen Italian Art

during WWII
APPENDIX F: CONFERENCE PARTICIPANTS 959

Mr. Vittorio Tedeschi, Minister, Economic & Commercial Affairs,

Embassy of Italy

Mr. Giuseppe Perrone, First Secretary

Latvia

Dr. Armands Gutmanis, Foreign Policy Advisor to the President

Ambassador Ojars Kalnins, Ambassador to the United States and Mexico

Dr. Einars Semanis, Deputy Chief of Mission, Embassy of Latvia

Mr. Gregory Krupnikovs, Co-chair, Riga Jewish Community

Lithuania

Mr. Emanuelis Zingeris, Member of Seimas (Parliament); Chairman,

Committee on Human and Civil Rights and Ethnic Affairs; Chairman,

The Genocide Investigation

Ambassador Stasys Sakalauskas, Ambassador to the United States

Mrs. Ausra Semaskiene, Second Secretary

Luxembourg

Ambassador Arlette Conzemius, Ambassador to the United States

Dr. Paul Dostert, Director, Centre National de la Resistance; Historian,

Charge de Direction

Mr. Carlo Krieger, Deputy Chief of Mission

Macedonia

Mr. Vladimir Naumovski, Minister

Ambassador Ljubica Acevska, Ambassador to the United States

Mr. Ivan Dejanov, Macedonian Academy of Sciences and Arts

Mr. Vangel Panovski, Head of US Department, Ministry of Foreign

Affairs

National Association of Insurance Commissioners

 International Holocaust Commission Task Force

Mr. Glenn Pomeroy, NAIC President and North Dakota Insurance

Commissioner (Presenter)

Mr. Neil Levin, Superintendent, New York State Insurance Department

(Presenter)

Ms. Diane Koken, Commissioner, Pennsylvania Department of Insurance

Mr. Bill Nelson, Commissioner, Florida Department of Insurance

(Presenter)

Ms. Deborah Senn, Commissioner, Washington State Insurance

Department
960 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Mr. James Brown, Jr., Commissioner, Louisiana Department of

Insurance

Ms. Charlotte M. Acquaviva, Principle Attorney, Connecticut Insurance

Department

Mr. Paul DeAngelo, Assistant Commissioner, New Jersey Insurance

Department

Mr. William Palmer, Deputy Commissioner, California Department of

Insurance

Mr. Timothy Knapp, Chief of Staff, Pennsylvania Department of

Insurance

Ms. Audrey Samers, Deputy General Counsel, New York State Insurance

Department

Mr. George Brady, International Policy Analyst, NAIC

Mr. Daniel Kadden, Special Projects Manager, Washington State

Insurance Department

Netherlands

Count Jan d'Ansembourg, Ambassador

Drs. C.J. Ruppert, Secretary, Working Party WWII Assets, Ministry of

Finance

Mrs. A.C.M. Proost, Project Manager, Ministry of Health, Welfare and

Sport

Mr. Bob Lodder, Deputy Director Cultural Heritage, Ministry of

Education, Culture and Science

Mr. Ronny Naftaniel, Central Jewish Committee

Drs. Erik de Feijter, Desk Officer, Ministry of Foreign Affairs

Mrs. Thea Blankert-van Veen, Director of Department Resistance

Members, Victims of Persecution and Civilian Victims of War,

Ministry of Health, Welfare and Sport (Presenter)

Professor Eric Ketelaar, Legal Counsel (Presenter)

Professor Dr. Peter Klein, National Archives (Presenter)

Mrs. Charlotte van Rappard-Boon, Ch.E., Head Inspector, Ministry of

Education, Culture, and Science (Presenter)

Norway

Ambassador Wegger Strømmen, Special Advisor to the Minister,

Ministry of Foreign Affairs

Dr. Mrs. Berit Reisel, Representative, Norwegian Jewish Society

Ms. Hilde Svartdal, First Secretary, Royal Norwegian Embassy
APPENDIX F: CONFERENCE PARTICIPANTS 961

Poland

Mrs. Joanna Wnuk-Nazarowa, Minister of Culture and Art

Mr. Marek Siwiec, Secretary of State, National Security Advisor

Mrs. Agnieszka Magdziak-Miszewska, Advisor to the Prime Minister

Mr. Jan Jagielski, Jewish Historical Institute

Prof. Wojciech Kowalski, Professor, University of Silesia, Department of

Intellectual and Cultural Property Laws (Presenter)

Mr. Jerzy Kranz, Director, Legal Department, Ministry of Foreign

Affairs

Ms. Teresa Swiebocka, Senior Curator, Auschwitz-Birkenau State

Museum (Presenter)

Ms. Elzbieta Turkowska-Tyrluk, Vice President, Powsechny Zaklad

Ubezpieczen (PZU) (Presenter)

Mr. Jerzy Kichler, President, Union of Jewish Congregations in Poland

(Presenter)

Mr. Zygmunt Rakowiecki, Counselor, Ministry of State Treasury

Ambassador Jerzy Kozminski, Ambassador to the United States

Mr. Piotr Ogrodzinski, Deputy Chief of Mission

Mr. Tomasz Michalak, Director of the Department for Political Strategy,

Chancellery of the President of the Republic of Poland

Mr. Mariusz Handzlik, Political Counselor, Embassy of Poland

Portugal

Professor Joaquim da Costa Leite, Researcher and Historian

Mr. Nuno Mathias, First Secretary

Romani Representative

Mr. John Nickels

Romania

Ambassador Mircea Geoana, Ambassador of Romania to the United

States

Dr. Elena Zamfirescu, State Secretary, Ministry of Foreign Affairs

Mr. Dorel Dorian, Member of Parliament (Chamber of Deputies),

Member of the Board of Federation of Jewish Communities of

Romania

Mrs. Ecaterina Vrinceanu, Deputy General Secretary of the Justice

Ministry

Mrs. Felicia Waldman, Head of Division, Ministry of National Education

Mrs. Maria Calangiu, Legal Advisor, Ministry of Finance

Mrs. Daniela Bleoanca, Third Secretary, Ministry of Foreign Affairs
962 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Mrs. Raduta Matache, First Secretary, Embassy of Romania

Russia

Ambassador Valentin Kopteltsev, Chief Advisor, 4th European

Department, Ministry of Foreign Affairs

Mr. Victor Petrakov, Deputy Director, Department of Cultural Heritage,

Ministry of Culture

Mr. Valery Kulishov, Chief of Restitution Section, Ministry of Culture

(Presenter)

Mrs. Tatiana Zanina, Chief of Research Section, Federal Archive Service

Mr. Anatoliy Oreshin, Counselor, Department of Economic Cooperation,

Ministry of Foreign Affairs

Mr. Nikolay Makhutov, Vice President of the Board, Fund of

Understanding and Reconciliation

Slovak Republic

Dr. Peter Burian, General Director, Ministry of Foreign Affairs

Dr. Robert Fico, Member of Parliament, National Council

Dr. Peter Alexander, Executive Chairman, Central Union of Jewish

Religious Communities

Dr. Jan Gabor, Charge d'Affairs

Dr. Miroslav Musil, Counselor, Embassy of the Slovak Republic

Slovenia

Ambassador Dimitri Rupel, Ambassador to the United States

Dr. Dusan Biber, Vice President of the International Committee on the

History of World War II

Mr. Marjan Smonig, Counselor, Embassy of Slovenia

Spain

Mr. Enrique Múgica-Herzog, Member of the Spanish Parliament and

Chairman of the Spanish Historical Commission on Holocaust Assets

Mr. Francisco de Cáceres, Member of the Spanish Parliament and the

Spanish Historical Commission

Mr. Fernando de Galainena, Deputy Director General for International

Economic Affairs (Ministry of Foreign Affairs) and Secretary to the

Spanish Historical Commision

Mr. Pablo Martín-Aceña, Professor of Economic History (University of

Alcalá de Henares, Madrid) and Director of the Research Team of the

Spanish Historical Commission (Presenter)

Mr. Mauricio Hatchwell, Member of the Spanish Historical Commission
APPENDIX F: CONFERENCE PARTICIPANTS 963

Mr. Agustín Núñez, Minister for Political Affairs, Embassy of Spain in

Washington

Sweden

Mr. Pär Nuder, State Secretary, Prime Minister’s Office (Presenter)

Ms. Ann-Christin Nykvist, State Secretary

Mr. Ulf Hjertonsson, Director General for Political Affairs

Mr. Krister Wahlbäck, Ambassador (Presenter)

Mrs. Veronika Bard-Bringéus, Deputy Director for International Affairs

Ms. Anna-Karin Johansson, Head of Section

Ms. Maria Martinsson, Information Officer

Mr. Stéphane Bruchfeld, Historian

Dr. Paul Levine, Ph.D - Research Fellow (Presenter)

Ms. Hédi Fried, Psychologist

Mr. Christer Mattsson, Doctorial Candidate

Mr. Bertil Ahnborg, Deputy Director

Mr. Salomo Berlinger, Special Advisor to the Commission

Mrs. Ingrid Lomfors, Commission Secretary

Ms. Nina Ersman, Press Counselor

Mr. Peter Tejler, Minister, Deputy Chief of Mission

Switzerland

Ambassador Thomas G. Borer, Ambassador, Head of Task Force,

"Switzerland - Second World War"

Mr. Lukas Beglinger, Minister, Deputy Head of Task Force "Switzerland

- Second World War"

Mr. Andreas Kellerhals, Vice Director of the Swiss Federal Archives

Mr. Peter Streit, Vice Director of the Federal Office of Private Insurance

Mr. Andrea Rascher, Head of Service for Cultural Objects Transfer in

the Federal Office for Cultural Affairs

Mr. Christoph Bubb, Counselor - Legal Advisor, Embassy of

Switzerland

Independent Delegation Members representing only the Independent

Commission of Experts “Switzerland – Second World War”:

Professor Jean-Francois Bergier, Chairman, Independent Commission of

Experts, "Switzerland - Second World War" (Presenter)

Ms. Sybil Milton, Deputy Chairperson, Independent Commission of

Experts, "Switzerland, Second World War"

Christian Graf-Zumsteg, Expert mandated by the Education Director’s

Conference of the Swiss Cantons

Thomas Buomberger, Historian
964 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Turkey

Ambassador Sevinc Dalyanoglu, Ambassador, Director General for

Multilateral Economic Affairs (Presenter)

Ambassador M. Nuri Yildirim, Special Advisor to the Minister of State

Professor Dr. Ilber Ortayli, Professor of History, University of Ankara

Professor Dr. Hasan Unal, Professor of Political Science, University of

Ankara

Professor Dr. Bahri Yilmaz, Professor, Bilkent University and Senior

Advisor to Minister of State

Mr. Ethem Seckin, Deputy Director General, Turkish Central Bank

Mr. Ahmet Alpman, Head of Department, Multilateral Economic Affairs,

Ministry of Foreign Affairs

Mr. Avraam Alkas, Vice President, Jewish Community of Turkey

Mr. Danyal Navaro, Deputy Vice President, Jewish Community of

Turkey

Ukraine

Mr. Igor Lushnikov, Head, Ukrainian National Foundation "Mutual

Understanding and Reconciliation"

Mr. Volodymyr Lytvynov, Director, All-Ukrainian Union of the Nazi's

Minor Prisoners

Mr. Volodymyr Repryntsev, Assistant of the Vice Prime Minister on

Humanitarian Issues

Professor Gennady Boriak, Professor, Leader of the Scientific and

Analytical Group of the UNF

Mr. Danylo Kurdelchuk, President, Ukrainian Bar Association for

Foreign Affairs

Natalia Zarudna, Deputy Chief of Mission

United Kingdom

Mr. Anthony Layden, Head, Western European Department, Foreign and

Commonwealth Office (Presenter)

Sir Christopher Meyer, Ambassador to the United States

Ms. Gill Bennett, Chief Historian, FCO (Chair, Historical Commissions

Break-out session, and Presenter)

Ms. Julia Painting, Desk Officer, Western European Department, FCO

Mr. Richard Bevins, Senior Historian, FCO (Presenter)

Mr. Steven Chandler, Western European Department, FCO

Lord Janner of Braunstone, Chairman, Holocaust Educational Trust

(Presenter)

Ms. Janice Lopatkin, Director, Holocaust Educational Trust
APPENDIX F: CONFERENCE PARTICIPANTS 965

Mr. Stephen Ward, Associate Director, Holocaust Educational Trust

Ms. Sharon Page, Secretary, Tate Gallery and Chair of Working Group

on Nazi Spoliation of Art, National Museum Directors' Conference

(Presenter)

Mr. Michael Helston, Head, Cultural Property Section, Department for

Cultural Media and Sport

Mr. John Cooke, Head of External Relations, Association of British

Insurers

Ms. Trudy Gold, Director of Education, Spiro Institute (Presenter)

Professor David Cesarani, Professor, Wiener Library

Mr. Paul Salmons, Holocaust Education Coordinator, Imperial War

Museum

Mr. Stephen Smith, Holocaust Education Expert, Beth Shalom

(Presenter)

Mr. William Shapcott, First Secretary

United States

Stuart E. Eizenstat, Under Secretary of State for Economic, Business and

Agricultural Affairs, U.S. Department of State (Presenter)

Mr. Bennett Freeman, Senior Advisor to the Under Secretary of State for

Economic, Business and Agricultural Affairs, U.S. Department of State

(Chair, Education Break-out section)

Ambassador Henry Clarke, Senior Advisor for Restitution Issues, U.S.

Department of State

Mr. E. Anthony Wayne, Principal Deputy Assistant Secretary, Bureau of

European and Canadian Affairs, U.S. Department of State

Dr. William Slany, The Historian, U.S. Department of State

Representative Sidney Yates, U.S. House of Representatives

Representative Sam Gejdenson, U.S. House of Representatives

Representative Tom Lantos, U.S. House of Representatives (Presenter)

Mr. Greg Rickman, Legislative Director, Office of Senator Alfonse M.

D'Amato

Mr. Miles Lerman, Chairman, United States Holocaust Memorial

Council (Chair, Education Break-out section and Presenter)

Mr. Jim Robinson, Assistant Attorney General, Criminal Division, U.S.

Department of Justice, and Justice designee to the Presidential

Advisory Commission on Holocaust Assets in the United States

Mr. Eli Rosenbaum, Director, Office of Special Investigations,

Department of Justice

Mr. Earl A. Powell III, Director, National Gallery of Art (Presenter)
966 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Ms. Nancy Weiss, Deputy General Counsel of the National Foundation

on the Arts and Humanities

Ms. Maria Papageorge Kouroupas, Executive Director, Cultural Property

Advisory Committee, United States Information Agency

Dr. Michael Kurtz, Assistant Archivist, National Archives and Records

Administration (Presenter)

Dr. Greg Bradsher, Director, Holocaust-Era Assets Records Project,

National Archives and Records Administration

Ambassador Donald Blinken, Former U.S. Ambassador to Hungary

Uruguay

Mr. Nelson Chaben, Minister Counselor, Political and Cultural Affairs

World Jewish Congress

Mr. Israel Singer, Secretary General (Presenter)

Mr. Edgar Bronfman, President (Presenter)

Mr. Elan Steinberg, Executive Director

Ambassador Ronald Lauder, Chairman of the Board, Museum of Modern

Art (Presenter)

Dr. Avi Beker, Director

Douglas Bloomfield

Prof. Irwin Cotler, Faculty of Law, McGill University

Mr. Hector Feliciano, Independent Scholar (Presenter)

Mr. Benjamin Fishoff

Mr. Curtis Hoxter, Advisor

Dr. Connie Lowenthal, Director, Commission for Art Recovery

(Presenter)

Dr. Laurence Weinbaum, Senior Research & Editorial Officer

Sidney Zabludoff, Adviser

World Jewish Restitution Organization

Mr. Avraham Burg, Chairman of the Jewish Agency for Israel

(Presenter)

Ambassador Naphtali Lavie, Vice Chairman of the WJRO (Presenter)

Mr. Noach Flug, Secretary-General of WJRO

Mr. Eliyahu Spanic, Director-General of WJRO

Mr. Zvi Ramot, member of the Executive of the Jewish Agency

Rabbi Chaskel Besser, Chairman for Poland and Ukraine

Mr. Yoram Dori, Spokesman

Mr. Dan Eldar, Senior Advisor to the Chairman
APPENDIX F: CONFERENCE PARTICIPANTS 967

Mr. David Zwiebel, Director for Government Affairs/General Counsel,

Agudath Israel of America

Yad Vashem

Dr. Yaacov Lozowick, Director of the Archives (Presenter)

Mrs. Shulamit Imber, Pedagogical Director (Presenter)

Mr. Eli Zborowski, Chairman, American Society for Yad Vashem

Ms. Caroline Arfa

PRESENTERS

Dr. Konstantin Akinsha, Research Director, Project of Documentation of

Wartime Losses

The Honorable Madeleine K. Albright, Secretary of State, the United

States of America

Mr. Giulio Baseggio, Riunione Adriatica di Sicurta

Professor Yehuda Bauer, Yad Vashem Institute

Sara Bloomfield, Acting Director, United States Holocaust Memorial

Museum (Chair, Education Break-out section)

Dr. Siegfried Büttner, Vice President, German Federal Archives

Mr. Philippe de Montebello, Director, Metropolitan Museum of Art

The Honorable Lawrence S. Eagleburger, Chairman, International

Commission on Holocaust-Era Insurance Claims, and former U.S.

Secretary of State

Mr. Gilbert Edelson, Administrative Vice President and Counsel, Art

Dealers Association of America

Prof. Gerald Feldman, Fellow, and Professor of History, American

Academy in Berlin

Dr. Tamás Földi, Public Policy Institute, Budapest

Mr. Rudolph Gerlach, Department Chief, German Federal Regulatory

Agency for Insurance Practices

Representative Benjamin A. Gilman, Chairman, Committee on

International Relations, U.S. House of Representatives (Chair,

Communal Property Plenary and Break-out sessions)

Mr. Nikolai Gubenko, Deputy Chairman of the Committee on Culture,

State Duma, Russian Federation

Mr. Herbert Hansmeyer, Member of the Board, Allianz AG

Mr. Alan Hevesi, Comptroller, City of New York
968 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Dr. Beate Kosmala, Center for Anti-Semitism Research, Technical

University in Berlin

Representative James A. Leach, Chairman, Committee on Banking and

Financial Services, U.S. House of Representatives (Chair, Naziconfiscated Art Plenary and Break-out sessions)

Mr. Michael Lewan, Chairman, U.S. Commission for the Preservation of

America' s Heritage Abroad

Ms. Catherine Lillie, Director, Holocaust Claims Processing Office, New

York State Banking Department

Prof. Vojtech Mastny, Senior Research Scholar, Woodrow Wilson

International Center

Mr. William McDonough, President & Chief Executive Officer, Federal

Reserve Bank of New York (Chair, Gold Plenary session)

Ms. Daisy Miller, Survivors of the Shoah Visual History Foundation

Ms. Lynn Nicholas, Independent Scholar

Ambassador Lyndon Olson, U.S. Ambassador to Sweden and former

Texas Insurance Commissioner (Chair, Holocaust-Era Insurance

Issues Plenary and Break-out sessions)

William Parsons, Chief of Staff, United States Holocaust Memorial

Museum (Chair, Education Break-out section)

Dr. Jonathan Petropoulos, Professor, Department of History, Loyola

College

Col. Seymour Pomrenze, First Director, Offenbach Archival Depot

Dr. Oliver Rathkolb, Univ. Doz. DDr., Kreisky Archives and Institute for

Contemporary History, University of Vienna

Dr. Marcia Sachs Littell, Director, National Academy for Holocaust and

Genocide Teacher Training, The Richard Stockton College of New

Jersey

Dr. Shimon Samuels, Director for International Liaison, Simon

Wiesenthal Center, Paris

Dr. Carla Schulz-Hoffmann, Deputy General Director, Bavarian State

Paintings Collection

Representative Charles E. Schumer, U.S. House of Representatives

Mr. William Shulman, President, Association of Holocaust

Organizations

Mr. Robert Sigel, Josef Effner High School, Dachau

Dr. Abby Smith, Director of Programs, Council on Library and

Information Resources

Mr. Ori Soltes, former Director, Klutznick National Jewish Museum

Ms. Margot Stern Strom, Director, Facing History and Ourselves

Mr. Ronald Tauber, Chairman, The Art Loss Register
APPENDIX F: CONFERENCE PARTICIPANTS 969

Mr. Alberto Tiberini, Assistant General Manager, Assicurazioni Generali

S.p.A.

Mr. John Van Oudenaren, Head, European Division, Library of Congress

Mr. Robert Vanni, General Counsel, New York Public Library; Astor,

Lenox and Tilden Foundation

Dr. Robert Waite, Historian, Office of Special Investigations, U.S.

Department of Justice

Mr. Mark Weitzman, Director, National Task Force Against Hate, Simon

Wiesenthal Center

Mr. Elie Wiesel, Founding Chairman, United States Holocaust Memorial

Council, and Nobel Peace Laureate

Ms. Regina Wyrwoll, Goethe-Institut

OBSERVERS

Dr. Gerard Aalders, Netherlands State Institute for War Documentation

Mr. Mario Adler, Congregacao Israelita Paulista

Mr. Wayne Berman, Generali

Ms. Susan Boren, Congressional Research Service

Ms. Virginia Canter, National Endowment for the Humanities

Mr. Christopher Carnicall, Generali

Rabbi Abraham Cooper, Simon Wiesenthal Center

Ms. Anita DiFanis, Association of American Art Museum Directors

Mrs. Frances Eizenstat

Mr. Michael Feldstein, Pink Triangle Coalition

Mr. Andrew Frank, Allianz AG

Rabbi Hertz Frankel, World Council of Orthodox Jewish Communities,

Inc.

Ms. Guila Franklin, Jewish Council on Public Affairs

Ms. Ladeen Fremuth, Office of Representative Frank Pallone, Jr., United

States House of Representatives

Mr. Stuart Goldman, Congressional Research Service

Mr. Michael Hausfeld

Rabbi Marvin Hier, Simon Wiesenthal Center

Ms. Elaine Johnston, Smithsonian Institution

Ms. Helen Junz

Ms. Rositta Kenisberg, United States Holocaust Memorial Council

Mr. Rawle King, Congressional Research Service

Mrs. Ruth Knox, Kindertransport Association
970 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Ms. Ruth Laibson, Jewish Council for Public Affairs

Ms. Rosalind Lazarus, U.S. Department of Transportation

Mr. Peter Lefkin, Fireman's Fund Insurance Company

Ms. Rosalie Lerman, United States Holocaust Memorial Council

Ms. Sophia Miskiewicz, Polish American Congress

Mr. William Nagel

Mrs. Carla Nicolini

Mr. Riccardo Nicolini, Generali

Mr. Jonathan Olsoff, Sotheby's

Mr. Alexander Osovtsov

Mr. Marc Porter, Christie's Inc.

Ms. Anita Ramasastry, Claims Resolution Tribunal for Dormant

Accounts in Switzerland

Mr. Timothy Reif, Office of Representative Charles B. Rangel, U.S.

House of Representatives

Ms. Jean Rosensaft, United States Holocaust Memorial Council

Mr. Menachem Rosensaft, United States Holocaust Memorial Council

Mr. Jim Schrieber

Mr. Lucian Simmons, Sotheby's

Rabbi Henry Sobel, Congregacao Israelita Paulista

Mr. Michael Steiner

Mr. Mark Talisman

Ms. Irit Tamir, Jewish Community Relations Council

Mr. Michael Traison, Miller, Canfield, Paddock, and Stone PLC

Mr. Melvyn Urbach, World Council of Orthodox Jewish Communities

Mr. David B. Vogt

Ms. Maureen Walsh, Helsinki Commission

Mr. Douglas Weimer, Congressional Research Service

Ms. Alice Whelihan, Federal Council on the Arts and Humanities

Mr. Christopher Worthley, Allianz AG
Appendix G

WASHINGTON CONFERENCE PRINCIPLES

ON NAZI-CONFISCATED ART

In developing a consensus on non-binding principles to assist in

resolving issues relating to Nazi-confiscated art, the Conference

recognizes that among participating nations there are differing

legal systems and that countries act within the context of their

own laws.

I. Art that had been confiscated by the Nazis and not subsequently

restituted should be identified.

II. Relevant records and archives should be open and accessible to

researchers, in accordance with the guidelines of the

International Council on Archives.

III. Resources and personnel should be made available to facilitate

the identification of all art that had been confiscated by the Nazis

and not subsequently restituted.

IV. In establishing that a work of art had been confiscated by the

Nazis and not subsequently restituted, consideration should be

given to unavoidable gaps or ambiguities in the provenance in

light of the passage of time and the circumstances of the

Holocaust era.

V. Every effort should be made to publicize art that is found to have

been confiscated by the Nazis and not subsequently restituted in

order to locate its pre-War owners or their heirs.

VI. Efforts should be made to establish a central registry of such

information.

VII. Pre-War owners and their heirs should be encouraged to come

forward and make known their claims to art that was confiscated

by the Nazis and not subsequently restituted.
972 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

VIII. If the pre-War owners of art that is found to have been

confiscated by the Nazis and not subsequently restituted, or their

heirs, can be identified, steps should be taken expeditiously to

achieve a just and fair solution, recognizing this may vary

according to the facts and circumstances surrounding a specific

case.

IX. If the pre-War owners of art that is found to have been

confiscated by the Nazis, or their heirs, can not be identified,

steps should be taken expeditiously to achieve a just and fair

solution.

X. Commissions or other bodies established to identify art that was

confiscated by the Nazis and to assist in addressing ownership

issues should have a balanced membership.

XI. Nations are encouraged to develop national processes to

implement these principles, particularly as they relate to

alternative dispute resolution mechanisms for resolving

ownership issues.
Appendix H:

TASK FORCE FOR

INTERNATIONAL COOPERATION

ON HOLOCAUST EDUCATION,

REMEMBRANCE, AND RESEARCH

REPORT TO THE WASHINGTON CONFERENCE ON HOLOCAUST-ERA

ASSETS

WORK IN PROGRESS, MAY – NOVEMBER 1998
974 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

CONTENTS

I. OVERVIEW OF THE TASK FORCE FOR INTERNATIONAL

COOPERATION ON HOLOCAUST EDUCATION,

REMEMBRANCE, AND RESEARCH

a) Introduction

Stuart E. Eizenstat, Under Secretary for Economic, Business,

and Agricultural Affairs, United States Department of State;

Chairman of the Task Force for International Cooperation on

Holocaust Education, Remembrance, and Research

(September-December 1998)

b) Discussion Paper Agreed Upon by the Working Group of the

Task Force on International Cooperation on Holocaust

Education, Remembrance, and Research, September 25,1998

c) Summary of the Meeting of the Working Group of the Task

Force held May 7, 1998, in Stockholm

d) Summary of the Meeting of the Working Group of the Task

Force held September 25, 1998, in Washington, D.C.

II. TASK FORCE DECLARATIONS PRESENTED TO THE

WASHINGTON CONFERENCE ON HOLOCAUST-ERA

ASSETS

a) Task Force Declaration on Promoting Holocaust Education,

Remembrance, and Research

b) Task Force Declaration on Archival Openness and Access

III. TASK FORCE PROJECTS

a) Introduction to the International Directory of Organizations in

Holocaust Education, Remembrance, and Research

Stéphane Bruchfeld, Office of the Prime Minister of Sweden

Wesley A. Fisher, United States Holocaust Memorial Museum

Nicolas Gauvin, United States Holocaust Memorial Museum
APPENDIX H: EDUCATION TASK FORCE REPORT 975

b) Proposal for International Version of the Book Tell Ye Your

Children...

Stéphane Bruchfeld, Levande Historia, and Paul A. Levine,

Research Fellow, Centre for Multiethnic Research, Uppsala

University, Sweden

c) Elements of Guidelines for Holocaust Education

Anthony Layden, Head, Western European Department, Foreign

and Commonwealth Office of the United Kingdom

d) Update on Archival Initiatives

Gill Bennett, Head of Historians, Library and Records

Department, Foreign and Commonwealth

Office of the United Kingdom

e) Proposal for International Commemoration of the Holocaust

Stephen D. Smith, Director, Beth Shalom Holocaust Memorial

and Education Centre, United Kingdom
976 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

I. OVERVIEW OF THE TASK FORCE FOR INTERNATIONAL

COOPERATION ON HOLOCAUST EDUCATION,

REMEMBRANCE, AND RESEARCH

a) Introduction

Stuart E. Eizenstat, Under Secretary of State for Economic, Business,

and Agricultural Affairs, United States Department of State;

Chairman of the Task Force for International Cooperation on

Holocaust Education, Remembrance, and Research

It gives me great pleasure to report on the progress of the

recently formed Task Force for International Cooperation on Holocaust

Education, Remembrance, and Research, which I have had the privilege

to chair on behalf of the United States from September to December

1998.

No one can question how important and how tragically overdue

is the international community's focus on Holocaust-era assets. Equally

clear is the importance of a fresh focus on Holocaust education,

remembrance, and research. As we come to the close of this century and

enter the new millennium, it is memory - memory of the most tragic

events of this century - that must endure so that such horrors are not

repeated. It is therefore critical for us all to intensify and improve our

efforts in the realm of Holocaust education. Swedish Prime Minister

Persson recognized this imperative and launched a Holocaust education

initiative first at home and then abroad in the spring of 1998 by inviting

the cooperation of Prime Minister Blair and President Clinton. Israel and

Germany have now joined Sweden, the United Kingdom, and the United

States in the Task Force.

We, of course, recognize and salute the efforts over many years

of non-governmental organizations and individuals in the Holocaust

education domain. This initiative nonetheless embodies real innovation.

There is no precedent for heads of state and government, as they have in

this case, to work through diplomatic channels to foster international

cooperation in Holocaust education.

Represented here are five governments, each of which brings to

the table notable strengths; each has much to contribute. Sweden

originated the concept of the Task Force and has offered for consideration its own Holocaust educational effort, which reaches deeply and

comprehensively into Swedish homes and schools. In the United

Kingdom, we have the example of long-time public and private sector

institutions cooperating in Holocaust education as well as the leadership
APPENDIX H: EDUCATION TASK FORCE REPORT 977

the British government has provided in meeting head-on

Holocaust-assets issues – leadership highlighted by last year's London

Nazi Gold Conference. In the United States, we see Holocaust education

woven through the nations social fabric in the work of NGOs; in school

curricula determined at national, state, and local levels; and in the United

States Holocaust Memorial Museum, which has established itself as a

solemn treasure for our nation and the world. Israel is, of course, the

home to a large number of Holocaust survivors as well as great

institutions of learning and remembrance like Yad Vashem. Germany's

efforts can also serve as a model in our discussions because of its

particularly pertinent lessons from over 50 years of thorough and

cathartic Holocaust education practices.

To date, representatives of these five governments have been

reviewing efforts under way in these priority areas: a survey of

international Holocaust education, remembrance, and research; an

adaptation of a Swedish Holocaust education booklet for international

use; a draft report on Holocaust education guidelines; and progress on

archival access. Further descriptions of our work in progress may be

found in the pages that follow.

The work of the Task Force has already provided heartening

proof of a new international consensus to put Holocaust education at the

forefront of our collective consciousness. Our five governments have

begun to develop the substantive and diplomatic frameworks to move

forward together and with other countries to advance our common

Holocaust education goals in the months and years ahead.
978 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

b) Discussion Paper Agreed Upon by the Working Group of the

Task Force on International Cooperation on Holocaust

Education, Remembrance, and Research

United States Holocaust Memorial Museum

September 25, 1998

Since the end of the Second World War, the world has struggled

to come to terms with the history and legacy of the Holocaust. Many

countries have made great strides in this regard, while others are only

now taking steps. The recent focus on the long-neglected assets

dimension of the Holocaust is serving as a catalyst for countries that have

not concentrated as intensely on the Holocaust in a broad context,

including their own roles and responses to its events.

Holocaust education and remembrance will help us recall the

importance of fighting intolerance, racism, and other challenges to basic

human values. As we enter the new millennium, we should encourage

and reinforce work in many nations to strengthen Holocaust education

efforts, to create new ones, and to finally begin such efforts where they

have been overlooked. Through education and remembrance we shall do

all we can to ensure that the crimes of the Holocaust are neither forgotten

nor repeated.

It is and will remain the shared responsibility of parents and

teachers, as well as of political, religious, and civic leaders, to teach our

children that moral choices exist. Countless wrong and evil choices

accompanied by mass indifference made the Holocaust possible.

Holocaust education efforts undertaken by many countries for a number

of years have been encouraging.

The unique importance of the Holocaust and its lessons for

contemporary society, however, require that the peoples of all our

countries engage in teaching about the Holocaust and their countries'

relationship to these events. International exchange and cooperation can

greatly facilitate this work.

Recognizing its history, Sweden launched its own initiative in

1997 on Holocaust education, and in early 1998, Swedish Prime Minister

Goran Persson invited U.S. President Bill Clinton and U.K. Prime

Minister Tony Blair to join in developing on an international basis an

initiative to promote Holocaust education. To this end the Swedish,

British, and US. Governments decided on May 7, 1998, in Stockholm to

establish a Task Force to spread knowledge about the Holocaust by
APPENDIX H: EDUCATION TASK FORCE REPORT 979

promoting international cooperation in a variety of fields related to

Holocaust education, remembrance, and research.

The Task Force consists of personal representatives of the heads

of state or government and the independent advisor Professor Yehuda

Bauer of the Yad Vashem Institute. It will collaborate closely with NGOs

and others active in disseminating knowledge about the Holocaust.

The Task Force will work to increase public awareness of the

Holocaust. It will focus international cooperation on educational

activities, specifically with respect to education in middle and high

schools as well as at institutions of higher education. The Task Force will

encourage international commemoration of the Holocaust.

It is furthermore making available, among other resources, an

international adaptation of the Swedish book Holocaust in Europe

1933-1945, as well as further research-related collection and

documentation of testimonies by survivors, perpetrators, and bystanders.

An international survey will be initiated to identify needs and priorities

of Holocaust education and research. A set of guidelines will be developed and distributed internationally that can be used by countries seeking

to strengthen or expand efforts in Holocaust education, remembrance,

and research. It is furthermore of high priority to find proper ways to

reach out to young people, for example, through organized visits to

concentration camps and memorial institutions. The use of Internet, CDs,

and publications for international projects will be investigated.

To support the broadest possible national educational efforts, the

Task Force will provide expertise for educational projects, also drawing

on information from all relevant archives. The Task Force will moreover

encourage the opening of relevant archives.

The Task Force will seek a commitment from participating

governments to promote Holocaust education in accordance with the

above stated aims. Some form of financial support may be needed.

The initial priorities agreed to by the Task Force for work

through 1998 and extending into 1999 include:

1) developing a catalogue of Holocaust education, remembrance,

and research efforts currently underway;

2) making available existing or new written material for

Holocaust education, remembrance, and research (possibly

drawing on the Swedish book Tell Ye Your Children ... );

3) showcasing the initiative and highlighting efforts underway in

Holocaust education, remembrance, and research at the

Washington Conference on Holocaust-Era Assets;
980 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

4) promoting openness and accessibility of public and private

archives bearing on the history of the Holocaust including

Holocaust-era asset issues;

5) giving further impetus to international efforts in Holocaust

education, remembrance, and research.
APPENDIX H: EDUCATION TASK FORCE REPORT 981

c) Summary of the Meeting of the Working Group of the Task Force

held May 7, 1998, in Stockholm

REGERINGSKANSLIET

Prime Minister’s Office

The evil that is the Holocaust constitutes a fundamental challenge to

our ability to learn lessons from the past. Remaining indifferent and

not trying to understand the "why" of the Holocaust could threaten

our common future.

It is thus always the responsibility of parents, teachers,

politicians, and all adults to teach our children that the right choice exists

equal to the wrong one. To accomplish this task in a complex world, people and countries need to share experiences.

International cooperation should be directed toward highlighting

the Holocaust and making an inventory of those aspects that merely have

been touched upon and those that have been neglected.

Joint international actions and projects should aim at long-term

changes and effects of attitudes. Knowledge about the Holocaust should

be woven into existing structures, for example, the educational system,

research, and training of teachers and journalists.

Preserving the narratives of Holocaust survivors is a key issue

since the time left to document the memories is running out.

Young people are a key group, likewise their parents. In fact, it

was an opinion poll revealing young people's lack of historical

knowledge that gave rise to the Swedish project. One way to influence

young people is to organize and give support to visits to the

concentration camps.

Another suitable area for cooperation is the use of the Internet as

an instrument for spreading information about the Holocaust. This would

include discussions of the most effective ways to utilize this channel, and

how to deal with the proliferation of Nazi and racist material on the

Internet.

Further training for teachers and expanded research are two

suitable areas for international efforts. By giving the key figures in the

education of children and young people - that is to say, the teachers - a

sound grounding, knowledge about the Holocaust will spread like rings

on the water.

Cooperation might also entail support for the compilation and

production of information as well as various types of cultural events.
982 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Conclusion

At the Stockholm meeting on the Holocaust, it was decided by

participating representatives of the British, Swedish, and US.

Governments to establish a task force for international cooperation to

spread knowledge about the Holocaust. The group should consist of

personal representatives to the heads of state or governments. Professor

Yehuda Bauer of the Yad Vashem Institute will work as an independent

advisor to the group.

The group has agreed to follow up on issues and projects

discussed and proposed at the Stockholm meeting. It will collaborate

closely with NGOs and others active in disseminating knowledge about

the Holocaust.

It was agreed that the group will have a meeting in Washington

in September this year in order to present progress reports on the projects

listed below. It was agreed upon to elaborate an action-oriented report to

be presented by high representatives of the heads of state or governments

to the Washington Conference on Holocaust-Era Assets on November

9,1998.

The Swedish representative is willing to act as coordinator until

the first meeting in Washington in September 1998.

It was agreed upon to focus international cooperation on

Holocaust educational activities, public activities, testimonies of

survivors, proper ways to reach out to young people, a global survey on

Holocaust education to be presented in national reports, and cooperation

on how to use the Internet in connection with these activities.
APPENDIX H: EDUCATION TASK FORCE REPORT 983

d) Summary of the Meeting of the Working Group of the Task Force

held September 25, 1998, in Washington, D.C.

Summary

Chairmanship of the Task Force was passed from Sweden to the

United States, and the Task Force welcomed Germany and Israel as

members. Agreement was reached on a discussion paper outlining the

purpose and goals of the overall initiative, and the paper was released to

the public at a press conference following the morning session. The

Working Group agreed on a set of concrete projects, some of which

would be works in progress, to be presented to the Washington

Conference on Holocaust-Era Assets. They would include:

1) a directory of organizations involved in Holocaust education

as a preliminary step toward completing a comprehensive

survey/catalogue of Holocaust education efforts underway

worldwide, to be prepared by Sweden and the United States;

2) an insert to the Swedish book Tell Ye Your Children...,

demonstrating how an international version and individual

national versions of the book can be created, to be prepared by

Sweden;

3) a guide to finding and using archival material, to be prepared

by the UK and the U.S.;

4) a set of suggested Holocaust education guidelines, to be

prepared by the UK;

5) a proposal for an International Day of Remembrance, to be

prepared by the UK;

6) Task Force declaration on archival openness, to be drafted

jointly by the U.S. and the UK;

7) Task Force declaration on promoting Holocaust education, to

be drafted by the U.S.

Each respective lead nation will work with relevant NGOs and

other participating governments to prepare material for the Washington

Conference. Subject to final agreement among the five governments,

those projects and other supporting materials will constitute the report of

the Task Force to the Conference.

Opening Remarks

The second meeting of the Working Group was opened by

United States Holocaust Memorial Museum (USHMM) Acting Director
984 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Sara Bloomfield. Swedish MFA Political Director Ulf Hjertonsson

highlighted the important progress made by the Task Force since Sweden

last proposed the initiative. Senior Advisor to the US Under Secretary of

State for Economic, Business and Agricultural Affairs Bennett Freeman

praised Hjertonsson and the other Swedes for extraordinary work as chair

since the project's inception and emphasized that a high standard had

been set that the US. would work hard to maintain. The UK's FCO

Western European Department Head Anthony Layden told the group that

the UK has one of the highest levels of knowledge about the Holocaust

and hoped it could apply the lessons it has learned in its work with the

Task Force. Israel's Ambassador to Sweden Gideon Ben Ami told the

group that Prime Minister Netanyahu warmly welcomed international

cooperation on Holocaust education. Germany's Ambassador to the U.S.

Jürgen Chrobog said that we can never be finished with the past, but can

and must learn from it. Director of Yad Vashem's International Center

for Holocaust Studies (and personal advisor to the Task Force) Yehuda

Bauer called the Working Group meeting "very unusual," saying never

before have governments come together to support such an education

initiative.

Concept Paper

A Swedish-initiated "discussion paper" on the work of the Task

Force was adopted by the Task Force governments. Progress reports

were given by each of the lead nations on projects for which they are

responsible.

Washington Conference Plans

After the press conference and luncheon remarks by Chairman of

the United States Holocaust Memorial Council Miles Lerman and Under

Secretary of State for Economic, Business and Agricultural Affairs and

incoming Task Force Chairman Stuart Eizenstat, Bennett Freeman

briefed the group on plans for the Washington Conference on

Holocaust-Era Assets. Museum officials described the showcase idea,

explaining that Task Force materials and other educational material

would be displayed at the Museums tile wall, while sessions on different

aspects of Holocaust education would take place in the classrooms. They

said the aims were to demonstrate the topic's importance, to persuade

attendees that they could implement Holocaust education programs, and

to make lasting contacts that lay a foundation for future cooperation.
APPENDIX H: EDUCATION TASK FORCE REPORT 985

Declarations on Promoting Holocaust Education and Archival

Openness

The Task Force decided to produce working drafts of

declarations on promoting Holocaust education and archival openness.

While the Conference is not a governmental decision-making event, it

would be useful to put before the Conference serious non-binding

declarations on these subjects.

Closing/Conclusions

The meeting closed with the U.S. chair thanking the participants

and circulating a draft list of Washington Conference deliverables. The

Working Group meeting was adjourned.
986 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

II. TASK FORCE DECLARATIONS PRESENTED TO THE

WASHINGTON CONFERENCE ON HOLOCAUST-ERA

ASSETS

a) Task Force Declaration on Promoting Holocaust Education,

Remembrance, and Research

(Germany, Israel, Sweden, United Kingdom, United States)

The international community's recent attention to the

long-neglected issues of Holocaust-era assets has prompted a number of

countries to look more closely at both their own roles and the broader

history of this tragic period. While differing enormously in content and

intensity, these developments are encouraging, useful, and necessary.

Holocaust education, remembrance, and research strengthen humanity’s

ability to absorb and learn from the dark lessons of the past, so that we

can ensure that similar horrors are never again repeated.

As the international community continues to focus on the

Holocaust-era assets issues at the 1998 Washington Conference and

beyond, the priority and urgency for international attention must also

encompass Holocaust education' remembrance, and research. Efforts and

resources in this direction should be expanded to reinforce the historic

meaning and enduring lessons of the Holocaust ("Shoah") and to combat

its denial.

To address this imperative, we are committing our countries to

encourage parents, teachers, and civic, political, and religious leaders to

undertake with renewed vigor and attention Holocaust education,

remembrance, and research, with a special focus on our own countries'

histories. We will strengthen our existing programs or launch new ones

to advance this common objective.

We pledge our commitment to this endeavor and have joined

together to develop an unprecedented diplomatic cooperation in this

field, in a spirit of partnership, humanity, and justice. We call on the

other nations participating in the Washington Conference on

Holocaust-Era Assets to also take steps to strengthen existing Holocaust

education, remembrance, and research efforts, and to undertake new ones

where necessary. We invite nations to work with the Task Force for

International Cooperation on Holocaust Education, Remembrance, and

Research to pursue these common goals.

As this century comes to a close, our determination never to

forget is a key to realizing progress for mankind. The healing of the

world (in Hebrew, tikun olam) is a solemn duty of all who cherish free-
APPENDIX H: EDUCATION TASK FORCE REPORT 987

dom and human dignity. We hope our efforts to deepen Holocaust

education, remembrance, and research will help to fulfill that

responsibility as we begin a new millennium.

b) Task Force Declaration on Archival Openness and Access

(Germany, Israel, Sweden, United Kingdom, United States)

The recent opening of archives bearing on the Holocaust ("Shoah"), in

particular those related to Nazi-looted gold and other confiscated assets,

has made possible important new historical research on these complex

issues. As a result, the international community's understanding of this

tragic period in the history of the twentieth century is being strengthened

substantially as scholars gain access to millions of pages of documents

for the first time.

The presentations made to the December 1997 London Nazi Gold

Conference and subsequent work on the part of historical commissions in

many nations demonstrate that although much progress has been made,

there is still more work to be done in bringing the full historical record to

light. The governments comprising the International Task Force on

Holocaust Education, Remembrance, and Research agree on the

importance of encouraging all archives, both public and private, to make

their holdings more widely accessible. This will facilitate further

research and encourage greater understanding of the Holocaust and its

historical context.

The Washington Conference on Holocaust-Era Assets provides an ideal

opportunity for all participating governments to join us in endorsing the

importance of full archival openness, and in undertaking to work toward

the goal of making all documentation bearing on the Holocaust and the

fate of Nazi-confiscated assets available to researchers. The adoption of

December 31, 1999, as a target date to meet this goal will reinforce the

commitment of humanity to learn from the history of this century as we

enter a new millennium.
988 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

III. TASK FORCE PROJECTS

a) Introduction to the International Directory of Organizations in

Holocaust Education, Remembrance, and Research

Stéphane Bruchfeld, Office of the Prime Minister of Sweden

Wesley A. Fisher, United States Holocaust Memorial Museum

Nicolas Gauvin, United States Holocaust Memorial Museum

At the initiative of the government of Sweden, the Task Force

for International Cooperation on Holocaust Education, Remembrance,

and Research was established at a meeting in Stockholm in May 1998.

Consisting of personal representatives of heads of state or government,

the Task Force cooperates closely with both governmental and nongovernmental organizations active in disseminating knowledge about the

Holocaust as well as in commemoration and research. As of this writing,

personal representatives of the heads of state or governments of

Germany, Israel, Sweden, the United Kingdom, and the United States are

members of the Task Force, as is the independent advisor Professor

Yehuda Bauer of the Yad Vashem Institute.

The Task Force has identified as one of its first priorities the

development of a catalog or survey of Holocaust education,

remembrance, and research efforts currently underway worldwide. This

International Directory is a first step toward that goal. It provides basic

information on the approximately 900 institutions throughout the world

concerned with Holocaust education, broadly defined. The listings

incorporate and supplement those of the Association of Holocaust

Organizations, Yad Vashem, the United States Holocaust Memorial

Museum, the Goethe-Institut, the Council of Europe, and others. To our

knowledge, this International Directory is the most comprehensive guide

to organizations concerned with the Holocaust ever compiled.

It is far from a perfect directory, however. Given the very limited

time in which the listings were assembled, there are omissions and

undoubtedly errors, despite our best efforts to ensure that the information

is complete and correct. Please send all additions and corrections to Dr.

Wesley A. Fisher, United States Holocaust Memorial Museum, 100

Raoul Wallenberg Place, SW, Washington, DC 20024-2126; telephone

(202) 479-9732; fax (202) 488-2693; e-mail <wfisher@ushmm.org>. An

electronic searchable version is being made available on the website of

the United States Holocaust Memorial Museum that will be updated on a

regular basis. The home page of the Museum’s website may be found at

<www.ushmm.org>. In the current printed version, organizations are
APPENDIX H: EDUCATION TASK FORCE REPORT 989

listed alphabetically within the listings for each country. International

organizations can be found both under "International" and under the

country of location.

Such an international compilation would be impossible without

the generous assistance of many organizations and individuals in many

countries. In particular, we are most grateful to Dr. William Shulman,

President of the Association of Holocaust Organizations (AHO), for

permission to include the current (1999) listings for the organizational

members of the AHO. Institutions that are members of the AHO are

marked with an asterisk (*). Shulamit Imber, Pedagogical Director, and

Richelle Budd-Caplan of Yad Vashem, kindly provided us with Yad

Vashem's list of relevant institutions in Israel and abroad. Regina

Wyrwoll, Head of Media Division, Goethe-Institut, Munich, and Annette

Brinkmann generously provided the address list of German institutions

resulting from the project Learning From History: The Nazi Era and the

Holocaust in German Education. Also useful was information collected

by Katherine Klinger for the Council of Europe's publication The

Holocaust in the School Curriculum.- A European Perspective.

Veronika Bard-Bringéus, Deputy Director International Affairs,

and Mia Löwengart of the Office of the Prime Minister of Sweden, and

Swedish embassies in Europe and Israel helped collect and verify

information. Many staff members of the United States Holocaust

Memorial Museum assisted, in particular Joan Ringelheim, Sara

Greenberg, Stephen Feinberg, Jacek Nowakowski, Radu Ioanid, Klaus

Mueller, Michael Haley Goldman, Andres Abril, Alberto Rios, Arnold

Kramer, Harry Lee, Susanne Brose, Sarah Lueer, Solomon Danzig,

Monica Schaeffer, Robert Price, Carmen Marrero, and Jessica Marrero.

Support for the dissemination of this International Directory was

provided to the Museum by The Blanche and Irving Laurie Foundation

in connection with the Washington Conference on Holocaust-Era Assets.

In addition, we thank the numerous organizations worldwide that

provided us with information on their activities. We hope this directory

will prove useful to the Task Force and to a plethora of future

cooperative international projects involving a multitude of countries in

Holocaust education, remembrance, and research.
990 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

b) Proposal for International Version of the Book

Tell Ye Your Children...

Stéphane Bruchfeld, Levande Historia, and Paul A. Levine, Research

Fellow, Centre for Multiethnic Research, Uppsala University, Sweden

When the original Swedish edition of Tell Ye Your Children. . .

(Om detta må ni berätta; en bok om Förintelsen I Europa 1933 - 1945)

was published in January 1998, no one expected the reaction it received.

Not least has the Swedish public, one with little previous exposure to

Holocaust history, warmly responded to our mediation of our

understanding of the history of the Holocaust. Since the formation of the

Task Force on International Cooperation, the response outside of Sweden

to the form and content of the book has also been most positive.

The following "insert" is our initial response to both criticisms

and suggestions received, and one realization of our ideas about how a

book about the Holocaust originally written with a Swedish public in

mind can be internationalized. We believe the insert demonstrates the

inherent flexibility of the original, showing that the book can be adapted

and expanded without losing the qualities that elicited such positive

comments. The insert seeks to retain the stylistic and textual integrity of

the original, yet address some issues and problems, which the original

could not. There remain, of course, many issues to be discussed and

individual stories to be told.

A primary point we have made in Task Force discussions is that

individual nations interested in their own adaptations could add several

pages treating their own specific histories for the existing publication.

We reiterate here our conviction that the book remain essentially

unchanged if it is to retain its unique character. In conceptualizing what

has been described as an international version, we have stressed that the

original is a book about the Holocaust at large, albeit with specific pages

treating the Swedish and Scandinavian response. While a truly

international version is desirable, it appears most likely that individual

nations will seek to create their own national versions. These adaptations

would expand and deepen the discussion on one or more issues specific

to a particular nation, such as Germany, Poland, or Israel (prewar

Palestine), or a category of Holocaust history, such as "bystander" (i.e.

the U.S. or UK), but such changes would not necessarily internationalize

the book by any significant meaning of the word. The Holocaust was, as

we know, an international event of the first order.

Interestingly, we received from Task Force colleagues

suggestions not to diminish the Swedish element, but rather to maintain
APPENDIX H: EDUCATION TASK FORCE REPORT 991

or even enhance it. From the U.S. came this suggestion, "Education

about the Holocaust requires... unvarnished truth... in expanded section

on Sweden’s role (both negative and positive)... could serve as an

extremely powerful example to other nations. It would in our view help

them to treat their histories...with as much candor as Sweden." An Israeli

colleague verbally made a similar comment, adding that the Swedish

sections highlighted the issue of choice by a "bystander," showing that

small nations and individuals are not powerless, even in extreme

circumstances.

Many of the delegates to the Washington Conference will be first

time readers of the book. It is therefore important to point out first that

the English book in hand is a second, revised edition incorporating many

textual suggestions made by Professor Yehuda Bauer. Secondly, it is

essential to stress that, in general, the book avoids comment and

reflection on present day issues. It is a book on the history of the

Holocaust. And reactions to the book and independent pedagogic

experience confirm that readers, adults and students alike make an

almost inevitable linkage between the history they read and the problems

they face in contemporary society. We feel confident this will be the case

for all readers, regardless of which society they hail from.

c) Elements of Guidelines for Holocaust Education

Anthony Layden, Head, Western European Department, Foreign and

Commonwealth Office of the United Kingdom

1. Rationale: The Need for Holocaust Education

1.1 The episodes of mass murder that took place in the course of the

twentieth century were among the most profoundly tragic and evil

aspects of that century's history. They were the worst crimes against

humanity yet committed. The most striking example of these was the

Holocaust. It represented a huge and grievous loss not only to the Jewish

people, but to all mankind. No one can properly understand twentieth

century history without knowing something of the Holocaust.

1.2 The Holocaust was in many ways a unique event. But unfortunately,

other acts of mass murder have occurred since World War II, and

continue to occur. Professor Yehuda Bauer of the Yad Vashem Institute

in Jerusalem has observed: "The Holocaust will either be a warning or a

precedent." All peoples share a vital interest in ensuring that it is seen as

a warning for the future, and that everything possible is done to prevent
992 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

such tragedies from happening again. Learning about the Holocaust, and

trying to understand the behavior involved in it in various ways, is an

essential part of this endeavor.

1.3 The message of the Holocaust, and the relevance of its warning, are

worldwide. It was carried out by a well-educated and technically

advanced country: the Nazi regime utilized all the apparatus of a

sophisticated modem state to plan and execute this crime. But mass

murder has occurred also in far less developed societies. No country is

immune. And education, unless accompanied by a sound structure of

morality, provides no protection.

1.4 Study of the Holocaust can help students in considering the moral

questions arising from racism and other forms of prejudice in any

society. It helps them to develop an awareness of the value of pluralism

and of diversity, and increases their maturity as future citizens.

1.5 Sensitive and appropriate education about the Holocaust has proved

extremely effective in schools in, for example, the UK in reducing social

and racial tensions and bullying. Schools have described the effect in this

area of visits by Holocaust survivors as little short of miraculous.

Holocaust education can make a significant contribution to the healing of

many kinds of divisions in society.

1.6 It is important that everyone should accept that the Holocaust

actually happened. There is a tendency in many quarters to avoid

recognizing this, partly because of the sheer horror of the event, and

partly because of the guilt of those who perpetrated it, or with others who

were associated in varying degrees with it. A few people actively try to

deny that it happened at all, or to minimize its scale.

1.7 Finally, the world community owes it to the memory of those who

died in the Holocaust, to those who suffered in it and survived, and those

who lost relatives and friends, to try to turn understanding of that horrific

episode into 'a potent force to benefit humankind in the future.

2. The Role of Governments

2.1 The commitment and active support of governments is essential if

Holocaust education is to be established worldwide. The specific role of

governments in this will vary.
APPENDIX H: EDUCATION TASK FORCE REPORT 993

2.2 In countries where the government, central or local, specifies a

curriculum to be taught in schools, this subject should be included in the

set curriculum. In the UK, for example, the National Curriculum requires

all students at age 13 - 14 to be taught about the Holocaust as part of

their modern history course, in a section dealing with the Second World

War.

2.3 Where no compulsory curriculum is specified, governments can still

make it clear that they favor systematic education about the Holocaust. In

Germany, for example, this has been done by a series of Resolutions of

the Standing Conference of the Ministers of Education and Cultural

Affairs of the Länder (States).

2.4 In countries where the Government, central or local, provides funds

for education, it should ensure that adequate funds are available for

teaching about the Holocaust, including teacher training and the

development and provision of teaching resources. The 'Living History"

project undertaken by the Swedish Government is an example of this.

2.5 Governments can also help by providing, or supporting the provision

of, museums or departments in existing museums, dealing with the

Holocaust. Such institutions can make an enormous impact on public

awareness. Yad Vashem in Jerusalem and the United States Holocaust

Memorial Museum in Washington are examples, as is the large

permanent Holocaust display now planned at the Imperial War Museum

in London. In Germany, the state authorities arrange and finance visits

by school students to the sites of concentration camps and to Holocaust

memorial sites.

3. The Role of Non-Governmental Organizations

3.1 Partnership between governments and NGOs in this field is essential.

It is non-governmental bodies that have hitherto acquired most of the

knowledge and experience needed for successful Holocaust education

programs. Their advice and assistance to governments and academic

authorities on the methods and approaches that will be most successful in

particular countries and regions is invaluable.

3.2 The preparation of suitable and effective teaching materials is one

area where NGOs have been responsible for most of the work done until

now, The "Lessons of the Holocaust" package produced in the UK by the

Holocaust Educational Trust and the Spiro Institute is an example of this.
994 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

In the US and Sweden also, close cooperation between governments and

NGOs have been a striking feature of the progress that has been made.

4. General Principles for Holocaust Education

4.1 Experience in a number of countries over many years of teaching

about the Holocaust shows that it is a subject that must be approached

with extreme care. Teaching will always be based on a central collection

of facts, among them the resource book "Teaching About the Holocaust"

produced by the United States Holocaust Memorial Museum in

Washington, and the Swedish book Tell Ye Your Children.... But the way

these are presented must be carefully calculated if they are to have the

desired effects: realization and acceptance of what happened, a desire to

know more, a perception that similar events could happen again, and a

determination to try to prevent this. injudicious approaches to the subject

can alienate those receiving teaching, and provoke reactions to it.

4.2 Among the factors to be taken into account are:

• The age of the students; teachers tend to favor ages 13 -14 as the best

time to introduce the subject, in terms of the students' educational

and emotional development,

• The extent of students' previous knowledge of the history of the

1930s and 1940s;

• The history of the country concerned - in particular, its own

experiences in World War II, and current perceptions of its role;

• The traditions of each country as regards the freedom of information,

the openness with which events past and present are discussed, and

the way in which information is usually presented there - how direct

and frank, or how guarded and circumlocutory, is the usual level of

discourse, especially about sensitive subjects.

4.3 Against this background, it is clear that materials prepared for, and

approaches successful in, one country will not necessarily be effective in

others. It will be vital to involve existing organizations in each country

with an interest in, or experiences of, Holocaust studies in preparing or

adapting both materials and methods. The cooperation of governmental

authorities in this process will often be crucial, so will that of the
APPENDIX H: EDUCATION TASK FORCE REPORT 995

academic communities: historians, educators, and teachers'

organizations.

4.4 The precise aim or purpose of Holocaust studies may also differ from

country to country: have there been local episodes to which students

there can relate that would help engage their commitment to Holocaust

studies as a contribution to efforts to avoid the repetition of such

episodes? Are there local divisions with the potential to promote

violence? Again, the participation of local people in the whole endeavor

will be essential in ensuring that not only the methods adopted, but the

ends to be served, are as effective and relevant as possible.

5. Some Specific Educational Guidelines

5.1 These guidelines are derived from practical experience gained by

teachers in the five countries that currently form the International Task

Force on Holocaust Education: Germany, Israel, Sweden, the United

Kingdom, and the United States. They are not intended to be exhaustive:

it is important for those undertaking teaching on this sensitive subject to

prepare themselves as thoroughly as possible, ideally with the help of

institutions with experience in the field.

5.2 In addressing the history of the Holocaust, it is advantageous to study

the period immediately before the events in question, and introduce

students to the lives of those who were to become Victims in pre-Nazi

Europe. There are two reasons for this. It avoids having students

encounter the victims purely as victims – this can lead to the perception

that the Holocaust was inevitable. It also helps students in considering

the choices made at various points by those who participated in various

ways: as perpetrators, bystanders, victims, rescuers and survivors.

Concepts such as fairness, justice, individual identity, peer pressure,

conformity, indifference, and obedience are ones that adolescents

encounter in their daily lives. Considering the actions of Holocaust

participants in these terms makes them more comprehensible, and helps

students to derive appropriate lessons from them.

5.3 Similarly, addressing these choices helps students to derive the lesson

that tragedies similar to the Holocaust could happen again. Those who

took the choices were not inhuman, but were reacting to a number of

influences in their society and its immediate history. The moral

dimensions of these choices, and the lesson that societies must be on

their guard against similar events, will emerge from such study.
996 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

5.4 It is a mistake to employ trivial activities such as word games in the

study of this subject, as well as wasting time, it detracts from the

seriousness of approach that is essential if the right lessons are to be

derived from the study. Also, simulating Holocaust experiences has been

found not to be a useful technique. It can mislead students into believing

that they know what it must have been like to be involved.

5.5 Teachers must be extremely careful about exposing students to the

horrific images that have been preserved from the Holocaust period. This

can constitute an unjustified assault on students' sensitivities, and an

abuse of the teacher/student relationship. Faced too suddenly with

horrific images, some students will react by feeling that they do not wish

to know any more about the subject; some may feel cynicism about

human nature in general; a few may derive a perverse enjoyment from

the experience. In general, teachers should set themselves clear aims as

regards the factual and moral objectives they wish to achieve from each

lesson, and include in the materials used only such images as are

necessary for these objectives.

5.6 It is difficult for students to come to terms with the numbers of

victims involved. It is usually helpful to include stories and images of

individual people in lesson material. At the same time, teachers should

take care to avoid unwarranted generalizations from individual episodes

to categories of participants. It should be made clear, for example, that

not all perpetrators had the same degree of guilt for what happened.

5.7 When showing how the panoply of the state – Nazi uniforms,

banners, etc., -- were used to rationalize and justify criminal activity by

the Nazi regime, teachers should remember that these images can have a

seductive appeal to students. At the same time, it is important not to

undermine the images that modern democratic states use to interpret their

own authority to their peoples. A balance should be struck between the

imagery itself and the nature of the power behind it.

5.8 Holocaust studies are often most effective when they are

multidisciplinary; they can usefully form part of the curricula for

language studies, history, religious education, philosophy, ethics, and

human rights.
APPENDIX H: EDUCATION TASK FORCE REPORT 997

d) Update on Archival Initiatives

Gill Bennett, Head of Historians, Library and Records Department,

Foreign and Commonwealth Office of the United Kingdom

In view of the importance of access to the full archival record of

the Holocaust and its historical context for understanding this tragic

period of history, the Task Force wishes to draw attention to the work

already underway and planned in this area.

Archives relevant to the study of the Holocaust are scattered in

many public and private institutions in a great many countries around the

globe. In recent years both the United States Holocaust Memorial

Museum and Yad Vashem have implemented wide-ranging global

programs to microfilm these records and make them available to

researchers. In this way, invaluable data banks are being created that provide essential reference material for those researching or teaching

Holocaust-related issues.

On the specific issue of Holocaust-era assets, an Internet-based

international guide to archival sources is at present being created,

following discussions held at the London Conference on Nazi Gold in

November 1997 and the subsequent proposal made by the United

Kingdom in June 1998 at the planning seminar for the Washington

Conference. An encouraging number of countries and institutions have

already made details of their archival holdings and access arrangements

available on dedicated websites, linked by a central information site

managed by the United States Holocaust Memorial Museum

(www.ushmm.gov/assets).

In order to maximize the effectiveness of these developments in

the field of Holocaust education, remembrance, and research, the Task

Force encourages all governments and archival institutions to give

further cooperation and support to the microfilming projects run by the

United States Holocaust Memorial Museum and Yad Vashem; and to

extend their contributions to the international guide to archives on

Holocaust-era assets to include details of all Holocaust-related archival

material. The goal must be the widest possible dissemination of

information for the benefit of all those who wish to learn more about the

Holocaust.
998 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

e) Proposal for International Commemoration of the Holocaust

Stephen D. Smith, Director, Beth Shalom Holocaust Memorial and

Education Centre, United Kingdom

• It is widely accepted that among the many episodes of mass murder

that have disfigured 20th century history, the most profoundly tragic

was the Holocaust: the attempt by the Nazi regime in Germany to

annihilate the Jews of Europe. The deaths of six million victims

who perished in the Holocaust represented a catastrophic loss for

the Jewish people, and an atrocity committed against humanity as a

whole.

• The countries participating in the International Task Force on

Holocaust Education, Remembrance, and Research (currently

Germany, Israel, Sweden, the United Kingdom, and the United

States) have considered the question of the introduction

internationally of the practice of observing a Holocaust

Remembrance Day. Such a practice would have the following

objectives:

Commemoration: Task Force participants consider that it would

be appropriate for countries to set aside a day each year on which

the victims of the Holocaust were formally remembered;

Awareness: the lessons of the Holocaust for the way all peoples

conduct their affairs in the future must be regularly recalled and

recognized, so that future tragedies of the same kind can be

avoided;

Solidarity: by observing a Remembrance Day, the peoples of the

world, present and future, would express their opposition to antiSemitism, racism, and other forms of discrimination, and their

support for those subjected to them;

Education: a Holocaust Remembrance Day would provide a

focal point for activities and projects in the field of Holocaust

Education.

Possible Dates for Holocaust Remembrance Day

Task Force participants do not consider it necessary or desirable that all

countries that decide to institute a Holocaust Remembrance Day should
APPENDIX H: EDUCATION TASK FORCE REPORT 999

hold it on the same date. A number of different dates are already

regarded as significant in this area in different countries. Some of these

are mentioned below. Countries may wish to consider them, or other

dates with more significance for them, should they decide to adopt a

Remembrance Day.

27 January

This is the anniversary of the liberation of the Auschwitz concentration

camp complex by the Soviet forces in 1945. It was officially designated

in the German Parliament in 1996 by Federal President Roman Herzog

as a Day of Commemoration for the Victims of National Socialism. This

date was also chosen by the Swedish Government in 1998 for a memorial

ceremony in the Riksdag, and for the launch of the Swedish Holocaust

Education Initiative by Prime Minister Goran Persson.

12 June

This is the birthday of the Holocaust victim and diarist Anne Frank. It is

observed by many people, particularly younger people in her native

country, the Netherlands, and other Western European countries.

Yom Ha Sho'ah

This is the Day of Holocaust Remembrance in the Jewish calendar. It is

widely and actively observed by Jewish communities internationally as a

day of remembrance for victims. It has been observed in the United

States as an occasion for public, religious, and servicemen’s

commemoration. The fact that it occurs on a different date each year in

the Christian calendar might, however, be a practical obstacle to its

widespread adoption.
1000 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Possible Ways of Observing a Holocaust Remembrance Day

The following are some of the ideas and activities that have been

employed or suggested for a Remembrance Day:

The observation of a period of silence in parliaments,

government offices, and elsewhere;

Ceremonial events with the participation of leading figures in

public life;

Special religious services, or the inclusion of references to the

Holocaust in services;

The inclusion of the Remembrance Day in educational calendars:

reference to the Holocaust in school assemblies and similar

ceremonies or activities;

Readings in schools and other educational institutions from the

literature of the Holocaust, including poetry;

The dedication of memorials, such as gardens, trees, or art

projects;

The wearing of symbolic badges or emblems.
Additional Conference

Statements

Appendix I:

APPEAL BY THE REPRESENTATIVES OF

FORMER PRISONERS OF FASCISM FROM

BELARUS, RUSSIA, AND UKRAINE TO THE

PARTICIPANTS IN THE WASHINGTON

CONFERENCE ON HOLOCAUST-ERA

ASSETS

Statement translated from the original Russian by the

U.S. Department of State Office of Language Services, Translating Division

To: The Honorable Abner J. Mikva,

Chairman of the Washington Conference on Holocaust-Era Assets:

We, the representatives of 1.2 million former child and adult

prisoners of fascism, 350,000 of whom have joined in the International

and National Unions [of Former Prisoners of Fascism] of Belarus,

Russia, Ukraine, and other member states of the CIS [Commonwealth of

Independent States] and the Baltic states, are taking part in the

Washington Conference with high hopes that, more than half a century

after the end of the Second World War, the international community will

be able to produce a complete and objective assessment of the tragedy of

the victims of Nazism.

The elements of this tragedy were as follows:

- the death of tens of millions of innocent people in combat

zones, in fascist torture chambers, in German industry, and in

occupied territories;

- the premature death of millions of victims of Nazism in the

post-War years;

- the painful fates of many hundreds of thousands of surviving

inmates of concentration camps, ghettos, and prisons;
1004 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

- the irreparable loss of health incurred by millions of people

whom the fascists rounded up and herded to Germany and other

countries for slave labor;

- the destruction of hundreds of thousands of dwellings, schools,

hospitals, and religious structures;

- the looting of cultural and material assets belonging to the

victims of Nazism.

This tragedy was experienced by the victims of nazism in 40

countries of the world. Particularly heavy losses were inflicted on the

USSR (up to 40%) and the countries of Eastern Europe.

The plans of fascist Germany called for the displacement and

extermination of entire peoples: Belarussians, Jews, Poles, Russians,

Slovaks, Ukrainians, and Gypsies.

To us who lived through the horrors of concentration camps,

ghettos, prisons, and backbreaking toil it is clear that genuine

humanitarianism and fairness in regard to the victims of nazism will

prevail only when the international community finds ways to overcome

all the above-mentioned consequences of the tragedy.

These ways might be:

- perpetuation of the memory of the victims of nazism who died

during the Nazi era and thereafter;

- elimination of the disturbing 5- to 8-fold difference in material

support for the victims of Nazism based on national and ethnic

affiliation;

- fair compensation to all victims of Nazism, taking into account

the severity of their sufferings and loss of health, regardless of

their country of residence;

- establishment of an agreed-upon system of international and

national funding organizations to assist all the victims of

Nazism, making use of "Nazi gold," unclaimed insurance

monies, cultural and material assets, and humanitarian

contributions by governments and international organizations.

Every year, tens of thousands of victims of Nazism depart this life.

But we hope that the Washington Conference, having resolved the very

important issues relating only to a fraction of the victims of Nazism, will

succeed in mapping out new procedures and new goals to make a reality

out of our dream-we want to be the last mass victims, not only in the

outgoing twentieth century, but also in the twenty-first century that is
APPENDIX I: BELARUS, RUSSIA, UKRAINE APPEAL 1005

commencing. Inhuman sufferings befell us, but we have faith in human

memory and in human kindness toward us.

President of the International [signature] N. Makhutov

Union of Former Child (Russia)

Prisoners of Fascism

President of the Pan-Ukrainian [signature] V. Litvinov

Union of Prisoners of Fascism (Ukraine)

President of the Belarussian [signature] 0. Nekhay

Association of Former (Belarus)

Prisoners of Nazism

President of the of [signature] L. Levin

Belarussian Association (Belarus)

Jewish Communities

December 03, 1998, Washington

Appendix J:

REPORT OF THE GOVERNMENT OF THE

RUSSIAN FEDERATION COOPERATION

AND CONCILIATION FUND

PROFESSOR NIKOLAY ANDREYEVICH MAKHUTOV

CORRESPONDING MEMBER, THE RUSSIAN ACADEMY OF SCIENCES

AND DEPUTY CHAIRMAN OF THE BOARD, THE COOPERATION AND

CONCILIATION FUND

Statement translated from the original Russian by the

U.S. Department of State Office of Language Services, Translating Division

Mr. Chairman, Ladies and Gentlemen, Friends:

We are addressing a problem that is rooted in the most

horrible tragedy the human race has known in the century that is

now drawing to a close. Whether for its scale, the level of tensions,

the combat forces and material involved, the tremendous number of

casualties, or its social consequences, the Second World War is

without equal in human history.

That terrible war also had a direct affect on the fate of my

family. The Bryansk area, where I was born, was occupied by German

fascist forces in the early months of the war in 1941. I was forced to

endure personally both a fascist concentration camp and the hardships of

the occupation right down to the liberation in 1944. So what we are

discussing here is especially close and comprehensible to me. I would

like to tell you about the activities of the Russian and International

Unions of Former Child Prisoners of Fascism1 and about the activities of

the Russian Fund for Cooperation and Conciliation, works hands-on with

victims of nazism.

 

Translator’s note(s):

1

Formal titles of these organizations in English could not be confirmed.
1008 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Recall that armed conflict encompassed the greater part of the

globe, covering a territory of 22 million square kilometers. There were

active hostilities on the European continent, a significant portion of Asia,

Eastern and Central Africa, and on the Atlantic, Pacific, and Arctic

Oceans. Forty countries became theaters of combat. A total of 61

countries, with a population of 1,700,000,000 people, became

involved in hostilities, i.e. about 80% of all the inhabitants of our

planet were forced into that bloody war. Troops numbering in the

millions fought on the battlefields: about 110 million people were

mobilized to wage war.

In this auditorium, before so many well-read individuals, it

would be superfluous to recall that it was the peoples of the Soviet Union

who suffered enormous human and material losses in the vast conflict

with fascism. After all, the war crossed the Soviet Union twice: once

with the Soviet forces in a defensive posture, and again when they

expelled the invaders. I'd like to take the liberty of citing a few figures.

1,710 cities and towns lay in ruins. The USSR lost 30% of its national

wealth. Material damage is estimated at $127 billion (in 1945 dollars),

which is about half the amount of damage inflicted on all of the other

European countries. Adding in military expenditures, the war cost the

Soviet Union $485 billion, far more than it cost the U.S., England, and

France combined.

The Soviet Union also suffered the greatest numbers of

human losses: more than 27 million people died on battlefields, in the

ruins of towns and villages, shot on occupied territory, worked to

death in concentration camps and taxed beyond their strength in

Hitler's Germany. This is more than 40% of all the deaths in the

Second World War.

Hitler did to a considerable extent what he described in his book

Mein Kampf: "... first and foremost, we should expel and annihilate the

Slavic peoples - the Russians, Poles, Czechs, Slovaks, Bulgarians,

Ukrainians, and Belorussians. There is no reason not to do so.”2

And so they did. In the occupied territories of the Soviet Union,

the fascists deliberately took steps to weaken biologically the Russian,

Ukrainian, Belorussian, and other peoples. They premeditatedly created

intolerable living conditions for the local inhabitants. Forced labor was

 

Translator’s note(s):

2 Neither the original German nor any existing English translation of this

quotation could be confirmed.
APPENDIX J: COOPERATION AND CONCILIATION FUND REPORT 1009

instituted even for nine-year-old children, and the workday was set at 14

to 16 hours. No wages were paid. Rural inhabitants were taxed on their

land, homes, windows, doors, cats, and dogs. A significant portion of the

healthy, able-bodied population was deported to Germany by the

occupation forces. An absolute majority of those people were held in

locked camps and had the right to leave them only to do their jobs.

It is generally known, for example, that 2.3 million Soviet

citizens of Jewish nationality suffered a tortured death at the hands of the

occupation forces.

The famous Nuremberg judgement against the nazi criminals

related that "in the East, the mass murders and cruelties were not

committed solely for the purpose of stamping out opposition or

resistance to the German occupying forces. In Poland and the Soviet

Union these crimes were part of a plan to get rid of whole native

populations by expulsion and annihilation in order that their [thus

liberated]3 territory could be used for colonization by Germans."

Various methods were used to destroy civilians: mass shootings, poison

gas, hanging, killing of hostages, death by hard labor, and hunger.

There were more than 14,000 concentration camps, Gestapo

prisons, and ghettoes in Germany and the countries it occupied. By

admission of SS officers themselves, one prisoner - whose life

expectancy on the whole was less than one year - brought in 1,430

Reichsmarks of pure profit. When prisoners were transferred from

concentration camps to German companies, the SS charged a fee of six

Reichsmarks per day for a skilled laborer, and four per day for an

unskilled laborer. Furthermore, all property (including money and

valuables) was confiscated. A prisoner brought in revenue even after

death: gold crowns were removed from the corpse, soap was

manufactured from the remains, and ashes became fertilizer. For

example, surviving members of "death squads" testify that in Lvov, after

corpses from civilian mass grave sites were burned, 110 kg of gold was

"winnowed" and sent to Germany in the course of only five months. And

how many such sites were there in Minsk, Kiev, Novgorod, Simferopol,

and elsewhere in the former USSR! In 1944 alone, the Reich's

concentration camps transferred more than two tons of gold to the

treasury. There were even special companies in Germany that processed

 

Translator’s note(s):

3

 The bracketed phrase is missing from the original English-language text of the

judgements
1010 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

precious metals "extracted" at locations where free citizens of Europe

were held in captivity.

Such are the historical facts. That is the ocean of human

blood with which “nazi gold" is commingled. And would it not be

more humane if part of this "nazi gold" were to be devoted to providing

supplemental financial assistance to the victims of nazism in various

countries, primarily people who were in the western territories of the

USSR, including Russia? Then, in our opinion, people who were

subjected to nazi persecutions could be embraced by the spirit of justice

while they still live. Who can give them a decent life, if not we? Who

must, if not we? Why let things go so far that feelings of discontent and

injustice endure in the hearts of their children and grandchildren? By

ignoring human morality and the lessons of history, are not German

companies, German banks, and their subsidiary institutions committing

yet another indecency?

I speak on behalf of people whose destinies are shattered. It turns

out that, for reasons we all know, neither the victor nor the vanquished

cared about their fate. But today there is a chance to help these people.

Let us ask ourselves what is preventing us from displaying historical

justice toward them? Nothing prevents it now. This is a matter of

conscience, a matter of specific actions. Only we must hasten, hasten to

help, while these people are still alive. The international community,

whose word is so influential, must also speak up about this.

Nor must we separate people by ethnic affiliation. We must not

permit our national approach to the former victims of nazism to contain

any discrimination. To do so would be unacceptable. All of us were and

remain people, inhabitants of our beautiful planet.

On June 22, 1998, the most recent, and the grimmest,

anniversary in the lives of the peoples of the Soviet Union, the

anniversary of the attack by Hitler's Germany against the USSR, 350

delegates to the conference of the International Union of Former Child

Prisoners of Fascism, in Kiev, adopted an appeal. They represented the

interests of 1.2 million surviving victims of nazi persecutions, citizens of

the new independent states, and addressed themselves to the heads of

state, parliamentary leaders, and heads of government of Belarus,

Kazakhstan, Latvia, Lithuania, Moldova, Russia, Uzbekistan, Ukraine,

and Estonia to call for just compensation payments by Germany to those

who suffered from nazi enslavement. A separate statement addressed to

the Secretary General of the Council of Europe and the Chancellor of the

Federal Republic of Germany was also adopted. These documents have
APPENDIX J: COOPERATION AND CONCILIATION FUND REPORT 1011

been distributed here in the hall, and you may acquaint yourselves with

their texts in full.

What do we really have today? The true victims of nazism have

been discriminated against, while nazi accomplices receive

compensation, pensions, and other material benefits. And let's be

self-critical: this didn't happen without the connivance of public and state

organizations within the international community.

In its statement to the participants in the Washington

Conference on the disposition of "nazi gold," the International

Union of Former Child Prisoners of Fascism rightly notes that a

discriminatory approach to the distribution of this wealth can only

heighten tensions among countries and peoples on the threshold of

the new millennium.

Fifty-three years after the end of the Second World War, justice

has not triumphed for the former victims of nazism. Yet they were in

practically all countries, and left a trail still raw, not yet scarred over.

Attendees at a conference in the Greek city of Delphi have also issued a

reminder of this. In their appeal, which was printed in the newspaper

Frankfurter Rundschau on November 7, 1998, the conference

participants ask the government of the Federal Republic of Germany to

enter into negotiations with the Greek government to clarify the issues of

compensation payments to victims of nazism and their next of kin. The

appeal says, "Admission of guilt also includes a sincere and serious

attempt to expiate some small part of that guilt through commensurate

material payments. Fifty-three years since the end of the war is rather

late to do so, but it is not too late."

The media in most countries have recently carried a lot of

information about how industrialists, businessmen, and banks in other

countries grew fat off the sufferings of nazism's victims. For example,

Switzerland kept, in its banks and their branches (including branches in

the U.S.) the nazis' gold ingots melted from plundered gold. Turkey,

Sweden, Portugal, and Spain took wealth plundered by the nazis, and

supplied Germany with goods and raw materials that were in short

supply, including strategic materials such as Portuguese tungsten and

Swedish [iron] ore. Argentina and Brazil concealed nazi criminals after

the fall of the Third Reich. Switzerland also hoarded diamonds secretly

brought in from Germany by submarine along with diplomatic mail, and

sold high-quality steel for money obtained from the sale of the

gemstones the nazis took from their victims before sending them to the

gas chambers. Even the Vatican helped the nazis move to Spain and
1012 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Latin America after the fall of the Third Reich, and received gold in

exchange for those services.

Russian prisoners feel it would be just if a Fund - in which the

aforementioned countries and their capital would participate - were

created to assist former victims of nazism.

In our view, even the notion of compensation requires

elaboration.

Compensation is complete restitution of damages for

physical and moral suffering and for forced labor. The amount of

compensation for physical and moral damages is determined based

on established international practice. Compensation for forced labor

must be made according to contemporary standards applicable to

the German population during the war years. Any other payments

are humanitarian aid.

If victims of nazism living in Russia received lump-sum material

assistance today thanks to the Government of Germany and Russia, they

cannot consider it full compensation. More than half a century after the

end of the Second World War, the victims of nazism. cannot demand

compensation for forced labor, nor for the gold and other wealth

appropriated by the nazis and sent to various banks in other countries.

On the international level, the problem of compensation for nazi

persecution was raised immediately after the end of a war whose logical

conclusion was the Nuremberg trial. The judgment of the International

Tribunal became the basis “for the confirmation of new first principles

moral norms of intercourse among individuals and peoples”4 One of the

acts that ratified these first principles was the decision that Germany

would pay damages to victims of the national-socialist regime.

A January 16, 1986, Resolution by the European Parliament

(Official Bulletin of the European Community, No C 36/129, February

17,1986, document B-2-1475/85/geu5) recognizes a "moral and legal

obligation on the part of companies using slave labor to pay

compensation."6 The second paragraph in this Resolution contains a

direct demand that companies which have not done so make payments

immediately. In a separate paragraph (paragraph 4), the European

 

Translator’s note(s):

4

 Neither the source nor wording of the quotation can be confirmed.

5

 The text of the Resolution was unavailable; translation given here follows the

Russian of the present document.

6

 The Russian term here connotes damages, not “compensation” in the sense of

remuneration or wages.
APPENDIX J: COOPERATION AND CONCILIATION FUND REPORT 1013

Parliament "demands that all German entrepreneurs who used slave

labor organize a Fund to Compensate Individuals Formerly

Subjected to Forced Labor." Certain public organizations in Stuttgart,

Kö1n, and Berlin are preparing materials to substantiate and present the

claims in a suit by former Ostarbeiter [Eastern workers] and former nazi

concentration camp prisoners against German corporations and

government agencies; the suit asks for damages for the physical and

emotional harm inflicted on them and also calls for withholding of

certain sums of windfall profits those corporations received from the

unpaid labor of those persons.

Many people understand the impoverished condition in which

the former republics of the USSR, including Russia, find themselves

today. There are no funds in state budgets for decent assistance to the

victims of nazism. Every day takes away a little more life from people

whose fate it was to bear the brunt of the worst trials of the World War

11 years. It is their slave labor, it is the blood and sweat of their fellow

captives from many countries that smelted the "nazi gold."

There is as yet no reliable information on the number of accounts

in Western banks that were opened by the nazis or their surrogates during

the Second World War. But one thing is without a doubt: the sums of

money stored in those accounts may turn out to be very large.

It would be highly undesirable that the glitter of "nazi gold"

eclipse any of the real victims of fascism. It would be unjust even to

think that this gold belongs only to one people or ethnic organization. I

welcome the active efforts of international public and ethnic

organizations, including Jewish ones, that have been crowned with

success in the case of the Swiss banks. We are anxious that other victims

of the Holocaust - citizens of the former Soviet Union - receive material

assistance from the monies set aside for the victims of nazism. And this

assistance must be adequate, regardless of what country an individual

may live in. There must be no distinctions according to ethnic identity.

And there are no such differences within our Russian and International

Unions of Former Child Prisoners of Fascism; there are no such

differences in the activities of the Russian Fund for Cooperation and

Conciliation. And we hope that our international forum here today will

make it possible to see the tragedy of World War 11 victims as a truly

international tragedy.

The victims of nazi persecution in the Soviet Union can be

divided into various groups, namely:

- adult and child prisoners of nazi concentration camps,

ghettoes, and prisons;
1014 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

- involuntary laborers, i.e., people who were forcibly deported

to nazi Germany and its allied countries to work in

businesses there;

- people who were exploited in temporarily occupied

territories, etc.

As we discuss this problem, we must clearly view all of these

groups as having suffered.

My dear colleagues, we know of the attempts by German

companies to create a fund to assist people who worked as involuntary

labor. We know the position of the current government of the Federal

Republic of Germany headed by its new chancellor, Mr. Schröder, which

has announced its readiness to resolve this problem without delay. We

are very hopeful that a single, unified German fund for the payment of

compensation for involuntary labor under the nazi regime will be

created, a fund into which the companies that used such labor during the

war years can pay their monies. This would also apply to certain large

banks, insurance companies, etc.

We know that such megacompanies as Volkswagen and Siemens

have created humanitarian assistance funds for former involuntary

laborers, and that they are in no hurry to split up their activities. Given

the current situation in Russia, it is asserted that money, shall we say,

disappears irrevocably and with no hope of finding it again. Yes, there

are criminal organizations in Russia, just as there are in any other

country. But, you see, we have a well-refined7 system for distributing

such funds among the former prisoners of nazism. It has been operating

for five years now. Citizens personally receive such assistance in marks

or rubles, as they desire. This work proceeds in close contact with public

social service committees. The Russian government, the German

Embassy in the Russian Federation, and organizations of former nazi

victim organizations are kept apprised of the progress of this work on a

regular basis.

To put it bluntly, such assertions lack substance. There is a

distribution mechanism, criteria, and controls. All self-contained within a

single organization. On November 4, 1993, the Russian Federation

Government created a special agency, the Russian Fund for Cooperation

and Conciliation. It operates under a Russian-German agreement to assist

persons persecuted under nazism during the war years. The Fund

 

Translator’s note(s):

7

 The Russian term is unclear.
APPENDIX J: COOPERATION AND CONCILIATION FUND REPORT 1015

operates in Russia and in other republics of the former USSR (except

Ukraine, Belarus, Moldova, and Estonia).

For the Fund to operate normally, a number of organizational

and legal issues had to be resolved. An organizational plan for the Fund

and its regional field offices was devised, and a constitution and by-laws

were drafted and approved. These specify the criteria by which

individuals persecuted under nazism are defined as individuals who were

deported to Germany and its allies. All of these are classified into

categories depending on their age (minors, adults) and the place where

they were held in captivity (concentration camp, ghetto, etc.).

Thanks to a well-organized data collection system, a database

has been created that includes both information on the places - located

almost everywhere in Europe - where Ostarbeiter were held captive

(concentration camps, ghettoes, etc.), and on the identities of former

Eastern workers living in Russia. Naturally, information on the majority

of former Ostarbeiter did not appear in the database immediately. As

compensation claim applications have been received and are carefully

reviewed, appropriate payments are made and the Fund has gathered

information on the Ostarbeiter who have survived to the present day.

At present, the majority of the individuals persecuted by the

nazis have received compensation payments that naturally only to a small

degree compensate them for the physical and mental traumas they

endured under fascist slavery. And after all, is it really possible at all to

measure in money a life lived, the experiences of a lifetime?

Once it received the money allocated to it, the Fund decided to

pay compensation first of all to those persons who had become invalids

and to individuals aged 80 and older, since they represented the

highest-risk group. After that, once the number of victims of nazism was

ascertained, the Fund was able to increase the size of the payments and to

perform the necessary recalculations on the compensation. The average

payment was about 1,200 German marks. It should be noted that some of

these people died before they ever received their compensation. In such

cases, the Fund assists the relatives by paying for funeral services.

Friends, out of about 7.7 million citizens of various countries

who were forcibly deported to fascist Germany, the majority were

citizens of the USSR (4,978,000). During the nazi years, these people

were subjected to inhuman physical and moral humiliations. But their

torture did not end, even after the war did. In fact, down to the present

day these people live considerably worse off than the rest of the

population. They live on the brink of poverty and on the brink of
1016 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

extinction. Their lot today is one of loneliness, penury, and lack of

medications.

Under these conditions, the 400 million German marks allocated

by Germany that we continue to distribute to date have played a positive

role. The victims of nazism view this material assistance as penance

by those Germans who were implicated in their sufferings and their

shattered destinies. This material assistance consists of a one-time

payment. It cannot compensate them for all the slave labor, the

torture and the suffering that fell to these innocent victims as their

lot. Furthermore, the payments to their fellow unfortunates in

Germany itself are ten times greater, and in Western Europe seven

times greater, than in Russia. It causes consternation and bitterness

that an unjust distinction is drawn along ethnic lines between people

who were in the very same camps. For example, Jews who were nazi

prisoners and who now live in the West receive higher lump-sum

payments and a larger monthly pension. It would be reasonable to

make adequate provision for prisoners of other nationalities as well.

Attempts to evade a fair resolution of this problem frequently

cite a 1950's statement by the Soviet Government that it had resolved all

the issues, or so it said. If only it were possible in this life to heal the

wounds of human memory so simply, just with one statement! But there

are people walking this earth who found themselves in a tragic situation,

and it was not their fault, but their misfortune, that for a very long time

(and for understandable reasons) they were not in a position to appeal

directly to those Germans that had exploited their labor, thereby earning

enormous incomes. "Only with the fall of the Iron Curtain," observes the

popular German magazine Stern (August 28, 1998), "did a risk arise for

German companies that former 'foreign workers' would demand

compensation for the wages withheld from them and for their mental and

physical sufferings."

Can it be that these companies bear no moral guilt or

responsibility for the fate of involuntary laborers, the innocent victims of

nazism? I do not know who is taking care of the image of these

internationally known German companies these days, but I know one

thing for sure: there is not, and cannot be, any better advertising than a

humanitarian, human attitude toward the former involuntary workers, the

victims of nazism. This is Christian love for one's neighbor; it is

penance; it is a last, definitive act of conciliation. Why push the matter to

the point of court proceedings, which the German firms have lost from

the moral standpoint even before they really begin? There is more than
APPENDIX J: COOPERATION AND CONCILIATION FUND REPORT 1017

enough documentation and evidence. To count on these people to depart

this life before their contemporaries would be the antithesis of humanity.

I would like to bring up one other serious question, which is

obviously on the minds of many of those present in this room. Is it

possible to estimate how much money is needed to pay for the forced

labor? Yes, it is possible.

To come up with a total compensation figure, we would have to

figure in slave labor plus physical and moral damages. However, a full

quantitative assessment of the latter two factors is impossible at the

present time. Therefore, we shall merely proceed on the basis that,

because of the damage done to health, we shall omit from our

calculations that portion of wages that was withheld by the owner of the

company for beggarly housing and food. This will compensate in some

way for the loss of health.

We can make a quantitative estimate of unpaid labor from

comparative data on wages paid for the labor of eastern workers

versus that paid to German workers, drawing on an official Reich

document - the Bulletin of Imperial Laws of June 30, 1992

(paragraphs 3 and 10) - from which we can see that payment per

laborer was set at 7.1% to 25% of what a German worker received.

Based on a six-day work week, unpaid slave labor comes out to

DM 150 per month in 1941-1944 prices; over the average period worked

by Russian citizens (two years), that comes to DM 3,600. With

devaluation of the mark by a factor of three over the ensuing

half-century, the minimum compensation in today's prices comes to DM

10,800.

Based on the anticipated number of claimants in Russia at the

time of the first disbursements (350,000 people), the total amount of

funds needed is:

- in 1941-1945 prices: DM 1.2 billion

- in 1997 prices: about DM 3.5 billion.

So DM 3.5 billion is the minimum sum we can currently

estimate for the unpaid labor of prisoners of nazism still alive in Russia,

and that is just for one category of victims. This year alone, however,

30,000 victims of nazism departed this life. This figure is terrible in

itself. We must not wait to do good.

Friends, in the late 1980's and early 1990's, changes took place in

our world that are global in their scale and consequences. First of all, the

Cold War ended, which cleared a path for the establishment of civilized

relations between states that played different roles both during a bloody
1018 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

war and during the long years of an arms race, mutual suspicion, and

hostility.

The altered political climate in our world-first and foremost in

Europe-has paved the way for better mutual understanding among the

peoples of the former Soviet Union, on the one hand, and Germany, on

the other hand. The leaders of these countries, political and public

figures, and broad strata of society have realized that the greater part of

the present-day population of Germany-and certainly all the post-war

generations-is not guilty of everything that happened to the peoples of

the USSR as a result of nazi aggression.

So let us all turn over the last tragic page of the bygone world

war, and put into practice our humanitarian, human attitude toward those

who were victims of nazism. It is not proper that we should classify them

by ethnic labels, and not proper to fan the flames of anti-Semitism on our

territory or that of any other country.

We appeal to government officials, commercial and banking

executives, businessmen's associations, and civic organizations in

Russia, Germany, and other countries to do everything in their

power to alleviate the fate of the victims of nazism. If we succeed in

doing this, we shall convince these innocent victims - and not them

alone - that a spirit of fairness, compassion, and love prevails in our

day.
Supplemental Information

Appendix K:

NAZI PERSECUTEE RELIEF FUND

DOCUMENTS

December 1, 1997

• Account Agreement

An agreement between the Bank and the Account Holder to establish

an Account for the Fund.

• Annex A -- Terms of Reference Governing the establishment and

operation of the Fund

• Annex B -- List of NGOs

• Annex C -- Form of Contribution Instruction Used by Donor

Countries to accompany their Contribution and to accept the Terms

of Reference

• Annex D -- Form of Allocation Instruction Used by Donor Countries

to allocate their Contribution

• Annex E -- Form of Amended Allocation Instruction Used by Donor

Countries. to reallocate specific Allocations in the event that they

determine the initial grant recipient did not comply with Fund Terms

• Annex F -- Form of Accelerated Allocation Instruction Used by

Donor Countries to accelerate the disbursement of their allocated

Contributions

• Annex G -- Form of Agreement between Account Holder and NGO

Used by NGOs on Annex B to acknowledge their obligations

pursuant to the Terms of Reference
1022 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Account Agreement between the Federal

Reserve Bank of New York and the

Government of the United Kingdom of

Great Britain and Northern Ireland

1. ACCOUNT

a. The Federal Reserve Bank of New York ("Bank") and the Government

of the United Kingdom of Great Britain and Northern Ireland ("Account

Holder") agree that the Bank shall establish on its books a special

account in the name of the Account Holder, designated as the "Nazi

Persecutee Relief Fund Account," which shall consist of cash, securities

custody and/or gold custody accounts, and sub-accounts thereto, as

necessary (together, the "Account").

b. The Account shall be operated in accordance with the Bank's

standard terms and conditions, operating procedures, and applicable

Operating Circulars, as amended from time to time, except as provided in

this Account Agreement and Annexes thereto (together, the "Fund

Documents").

c. Any undefined terms used herein shall have the meaning

defined in the Terms of Reference (Annex A).

2. CONTRIBUTIONS

a. Contributions shall be received into the Account in accordance

with the Terms of Reference.

b. Contributions shall be subject to the sole control of the

Account Holder in accordance with the Fund Documents.

c. Contributions in gold shall be delivered to the Bank for

deposit into the gold custody account. Donor Countries wishing to

contribute gold located outside of New York City should arrange to

engage in a location swap with a party able to make delivery of a like

amount of gold in New York City on their behalf. Upon receipt of gold

in New York from a Donor County, the Bank will deposit such gold into

the gold custody account established in the name of the Account. Such

deposits should be accompanied by a "weight list" specifying, for each of

the bars individually (or, if U.S. Assay bars in "melt form", each melt)

the refiner and bar number, gross troy ounces, fineness and fine troy
APPENDIX K: NAZI PERSECUTEE RELIEF FUND 1023

ounces. Upon receipt, the gold will be verified against the weight list,

with any discrepancies notified to the Donor Country and the Account

Holder. Such verification will be completed as soon as possible after

deposit. Acting as agent for the Account Holder, the Bank will endeavor

to sell the gold so deposited to a reputable gold dealer in New York City,

in the following manner:

i. After the verification of the gold deposit has been

completed, the Bank will contact various gold dealers and solicit bids to

purchase the gold, disclosing that the Bank is acting as agent for the

Account Holder. Dealers will be asked to proffer bids in written form,

and such bids will be communicated via authenticated

telecommunication to the Account Holder.

ii. The Account Holder will accept the highest bid from

among those proffered and notify the Bank via authenticated

telecommunication of the accepted bid, and the Bank will arrange for the

delivery of gold in New York City to the gold dealer whose bid was

accepted, against payment in electronic funds. These funds will be

deposited into the cash account.

3. INVESTMENT OF FUNDS

Until drawn down, the funds shall be invested by the Bank in United

States Government securities with maturities of one year or less from the

date of such investments and in the Bank's repurchase agreement pool,

subject to the Bank's standard terms and conditions. Earnings on such

investments shall be credited by the Bank to the Contributions on a pari

passu basis in proportion to the amounts of such Contributions and shall

be deemed a part of such Contributions. The Bank may commingle

funds as it deems necessary for investment purposes.

4. DISBURSEMENTS

Contributions shall be disbursed in accordance with the Terms of

Reference.
1024 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

5. TERMINATION

The Account shall automatically close and this Account Agreement

terminate upon the first of the following events to happen: (a) the

instruction of the Account Holder; (b) the occurrence of a zero balance in

the Account for a period of more than 365 days; (c) the resignation of the

Bank as depository of the Account pursuant to Paragraph 13 below; or

(d) five years after the entry into effect of this Account Agreement. Any

funds remaining in the Account upon termination shall be distributed in

accordance with the instructions of the Account Holder pursuant to the

Terms of Reference.

6. REPORTS

a. The Bank shall provide the Account Holder and Donor

Countries with a monthly statement detailing the receipt, investment,

earnings thereon, and disbursement of all Contributions.

b. The Bank shall provide a status report on the Account at

the annual meeting in accordance with the Terms of Reference.

7. EXPENSES

No fee shall be due from the Account Holder to the Bank for services

rendered by the Bank under the Account Agreement; provided, however,

that the Bank shall be reimbursed for all out-of-pocket expenses incurred

by the Bank in connection with the Account. All such expenses shall be

deducted from the Account's investment proceeds on a pari passu basis.

8. AMENDMENT OF FUND DOCUMENTS

The Fund Documents shall not be subject to revocation, modification or

amendment except by a document signed by the Bank and the Account

Holder. Any amendment of the Terms of Reference (Annex A) shall be

made in accordance with Paragraph 9 of the Terms of Reference.
APPENDIX K: NAZI PERSECUTEE RELIEF FUND 1025

9. AMENDMENT OF NGO LIST

The NGO List (Annex B) shall be amended in accordance with the

Terms of Reference.

10. NO THIRD PARTY RIGHTS OR OBLIGATIONS

a. The Fund Documents are not intended and shall not be

construed to create any rights in favor of any person or any entity other

than the Bank or the Account Holder.

b. The responsibilities of the Bank and the Account Holder are

strictly limited to those specifically set forth in this Account Agreement,

and no unstated functions, responsibilities, duties, obligations or

liabilities shall be read into the Fund Documents or otherwise exist

against the Bank or the Account Holder. The Bank shall not be deemed

to be acting as a trustee or-fiduciary for the Account Holder, Donor

Countries, or NGOs and shall not be an agent for any of them (other than

the United States), except as otherwise expressly provided in the Fund

Documents.

c. The Bank or the Account Holder shall in no event be required

to initiate any suit, action, or proceeding arising out of or in connection

with the Fund Documents, on behalf of each other, any Donor Country,

or any NGO.

11. COMMUNICATIONS

a. The Account Holder authorizes the Bank to act on

Contribution Instructions (Annex Q, Allocation Instructions (Annex D),

Amended Allocation Instructions (Annex E) and Accelerated Allocation

Instructions (Annex F) received from Donor Countries in accordance

with the Terms of Reference.

b. Any authorization, instruction, notification or other

communication made under this Account Agreement shall be made by

authenticated telecommunication in a form acceptable to the Bank, or in

such other manner as the Bank and the Account Holder may agree.

c. The Bank shall have the authority to interpret and act under

the authorizations, instructions, notifications or other communications

received by it in such a manner as the Bank in its sole judgment deems

reasonable.

d. The Bank shall be authorized to make calculations and

rounding adjustments as necessary.
1026 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

12. STANDARD OF CARE AND LIABILITY

The Bank shall use reasonable care in the performance of its duties under

this Account Agreement but shall incur no liability for any acts,

arrangements, or agreements entered into or performed in connection

with the Account by the Account Holder, except for the Bank's own

gross negligence, bad faith or willful misconduct.

13. RESIGNATION OF BANK

The Bank may at any time resign as the depository of the Account upon

90 days written notice to the Account Holder. Such resignation shall take

effect upon transfer by the Bank of any Contributions and any earnings

thereon then remaining in the Account to the successor depository.

14. GOVERNING LAW

The Fund Documents and all amendments thereto shall be construed and

enforced in accordance with the Federal law of the United States and, in

the absence of controlling Federal law, the laws of the State of New

York.

15. ENTRY INTO EFFECT

This Account Agreement shall become effective when both the Bank and

the Account Holder have executed the Account Agreement by their duly

authorized representatives.

16. OTHER FUND DOCUMENTS

The following documents are attached to this Account Agreement and

form a part of it:

Annex A. Terms of Reference

Annex B. NGO List

Annex C. Form of Contribution Instruction

Annex D. Form of Allocation Instruction

Annex E. Form of Amended Allocation Instruction

Annex F. Form of Accelerated Allocation Instruction

Annex G. Form of Agreement between Account Holder and NGO
APPENDIX K: NAZI PERSECUTEE RELIEF FUND 1027

17. SIGNATURES

Federal Reserve Bank of New York Government of the United

Kingdom of Great Britain and

Northern Ireland

Name: William J. McDonough Name: Robin Cook

Title: President Title: Secretary of State

Date: November 26,1997 Date: 1 December 1997

(for Foreign & Commonwealth

Affairs)
1028 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Annex A:

Terms of Reference

1. INTRODUCTION

a. These terms of reference (the "Terms") set forth the

understandings that will govern the establishment and operation of the

Nazi Persecutee Relief Fund (the "Fund"). The Fund will consist of an

account at the Federal Reserve Bank of New York under the name of the

Government of the United Kingdom of Great Britain and Northern

Ireland (the "Account Holder") established pursuant to the Account

Agreement dated December 1, 1997 (the "Account"). The Fund will be

funded by contributions ("Contributions") made by donor countries

("Donor Countries") acting through their authorized institutions. Any

undefined terms used herein shall have the meaning defined in the

Account Agreement.

b. The primary purpose of the Fund is to provide resources for

the relief of needy victims of Nazi persecution who to date have received

very little or no compensation for their persecution, and its subsidiary

purpose is to provide resources for other related projects, in particular

projects aimed at benefiting the communities most severely affected by

Nazi persecution or at preventing similar injustices in the future.

c. Fund grants will be channeled through established

non-governmental organizations that already have in place the

administrative and organizational infrastructures necessary to fulfill Fund

purposes. An initial list of eligible non-governmental organizations,

developed through consultation among interested potential donor

countries and persecutee communities, is provided in Annex B.

2. GUIDELINES FOR USE OF FUND MONEYS

a. All moneys and gold contributed to the Fund, except those

amounts required for certain bank expenses as provided in the Account

Agreement, shall be disbursed in accordance with Paragraph 4 below to

one or more non-governmental organizations listed on Annex B (the

"NGOs"). The Account Holder will perform its functions specified in the

Fund Documents without charge to the Fund.
APPENDIX K: NAZI PERSECUTEE RELIEF FUND 1029

b. NGOs will be limited to organizations that (i) provide direct

assistance, services or other benefits to victims of Nazi persecution who

currently live in difficult financial circumstances; or (ii) engage in related

activities, in particular projects aimed at benefiting the communities most

severely affected by Nazi persecution or at preventing similar injustices

in the future.

c. "Victims of Nazi persecution" means those who suffered

damage to health or loss of liberty, property, or income as a result of

Nazi persecution directly against them.

d. "Living in difficult financial circumstances" means living

with an income level or standard of living at or below the official poverty

line in the country in which the individual permanently resides.

e. An NGO may make onward grants to other non-governmental

organizations, provided that such onward grantee organizations fit the

eligibility criteria set forth in subparagraph (b) of this Paragraph and

have been identified in advance on the NGO prospectus described in

Paragraph 6(a)(i) below. The NGO shall obtain in writing the agreement

of the Donor Country or Donor Countries concerned prior to making

such onward grants.

3. CONTRIBUTIONS

a. Each Donor Country shall make its Contribution by

transferring its Contribution to the Account in U.S. dollars or gold.

Submission of a Contribution and a Contribution Instruction (Annex C)

shall constitute a Donor Country's acceptance of these Terms and an

acknowledgment that its Contribution will be handled. in accordance

with the Account Agreement. Any Contribution that is received into the

Account without a complete and accurate Contribution Instruction shall

be returned to the Donor Country by the Bank.

b. Each Donor Country shall also submit an Allocation

Instruction (Annex D), specifying the manner in which it desires its

Contribution to be allocated among one or more of the NGOs listed on

Annex B (the "Allocations"). Only an NGO listed in Annex B is eligible

to receive an Allocation. A Donor Country may specify that its

Allocations may only be used by an NGO for a specific project:
1030 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

i. listed in the prospectus described in Paragraph 6(a)(ii)

below; or

ii. determined by mutual consent between the NGO and

the Donor Country subsequent to the submission of the Contribution. In

this event, the prospectus described in Paragraph 6(a)(ii) shall be revised

to list that project.

c. A Donor Country may submit its Allocation Instruction with

its Contribution or separately from and subsequent to its Contribution. A

Donor Country must submit the Allocation Instruction within 12 months

after its Contribution, or the entire Contribution and any earnings thereon

shall be returned to the Donor Country. The Account Holder shall notify

all other Donor Countries in the event that a Contribution is returned to a

Donor Country for failure to specify an Allocation.

d. All Contributions transferred to the Account shall be

irrevocable and shall become part of the Account.

e. A Contribution Instruction, Allocation Instruction, Amended

Allocation Instruction, and Accelerated Allocation Instruction shall be

submitted directly to the Bank, and a copy shall be submitted to the

Account Holder.

4. DISBURSEMENTS AND OVERSIGHT

a. In accordance with the Allocations specified in the Allocation

Instruction, the Bank shall disburse an amount equal to 25 percent of

each Allocation within ten New York business days of the receipt of the

Allocation Instruction.

b. An Oversight Period with respect to each Allocation shall

commence on the date a Donor Country submits its Allocation

Instruction. The Oversight Period shall be 6 months. The Bank will

disburse the remaining portion of each Allocation, including any

earnings thereon, within 10 New York business days after the conclusion

of the Oversight Period.

c. Prior to the conclusion of the Oversight Period, the Donor

Country may submit to the Bank (i) an Amended Allocation Instruction

pursuant to Paragraph 4(d) below; or (ii) an Accelerated Allocation
APPENDIX K: NAZI PERSECUTEE RELIEF FUND 1031

Instruction (Annex F). Upon receipt of an Accelerated Allocation

Instruction from a Donor Country, the Bank shall disburse the remainder

of the relevant Allocations within ten New York business days.

d. Each Donor Country shall ensure that each of its Allocations

is used by the selected NGO in accordance with these Terms. If, prior to

the conclusion of the Oversight Period provided for in Paragraph 4(b)

above, the Donor Country determines that an NGO has failed to comply

materially with these Terms, the Donor Country may submit an

Amended Allocation Instruction (Annex E). The Bank shall reallocate

the undisbursed portion of each affected Allocation accordingly, and

disburse it in the same manner as an initial Allocation under this

Paragraph, meaning that 25 percent shall be disbursed initially to the

NGO specified on the Amended Allocation Instruction, followed by a

new Oversight Period and subsequent disbursement. The Account Holder

shall also notify all other Donor Countries upon receipt of any Amended

Allocation Instruction.

5. ANNUAL MEETING

Until the termination of the Account, the Account Holder shall organize

and hold an annual meeting to review the Fund's activities. Each Donor

Country may send a representative. Each NGO shall report at the

meeting on its use of Fund grants. The Bank shall report on the status of

the Account. The first meeting shall be held one year after the first

disbursement from the Account. The Account Holder shall circulate

among Donor Countries information where this is provided for under

these Terms.

6. NGOs AND ANNEX B

a. Obligations of NGOs. Each NGO, as a condition of its

eligibility to receive Allocations, shall agree in Annex G to:

i. use Allocations in strict compliance with these Terms;

ii. make available to the Account Holder, to each Donor

Country, and to each country that has demonstrated to the Account

Holder a serious interest in becoming a Donor Country, a prospectus

which identifies the specific projects that would be funded by any

Allocation, which states the maximum percentage of each Allocation that
1032 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

will be used for administrative, auditing, and overhead expenses, which

shall be revised in the event that an NGO and a Donor Country agree by

mutual consent on a specific project not listed on the NGO's original

prospectus to list that project, and which identifies in advance any other

non-governmental organization it may utilize -as an onward grantee

pursuant to Paragraph 2(e) of the Terms of Reference;

iii. maintain records pertaining to the use of any

Allocation in accordance with international accounting standards and

make such records available for review by any Donor Country;

iv. make available to each Donor Country the results of

an annual audit, conducted by an independent auditor, of its handling of

all Allocations. The first audit must occur between 3 and 6 months after

the initial disbursement to the NGO as provided in Paragraph 4(a) above;

v. be liable to the Donor Country concerned for the

misuse of any allocations; and

vi. report at the Fund's annual meeting on the use of

Allocations.

b. Adding NGOs to Annex B. Any Donor Country or country

that has demonstrated to the Account Holder a serious interest in be

coming a Donor Country may propose the addition of a

non-governmental organization to Annex B by notifying the Account

Holder of such a proposal. The Account Holder shall circulate the

proposed amendment to each Donor Country. If the Account Holder has

not received objections to it from more than 50 percent of the Donor

Countries within 30 days, the proposed amendment is deemed accepted.

The Account Holder shall notify the Bank, each Donor Country, and any

prospective Donor Country of each amendment to Annex B.

7. IMMUNITY, STANDARD OF CARE, AND LIABILITY

a. Nothing in these Terms or related documents shall be

considered to constitute, in whole or in part, a waiver of any immunity to

which the Account Holder, Bank, or Donor Countries may be entitled in

any jurisdiction.
APPENDIX K: NAZI PERSECUTEE RELIEF FUND 1033

b. Nothing in these Terms or related documents shall require the

Account Holder to verify that an Allocation has been used by an NGO in

accordance with the Allocation Instruction, whether or not the Allocation

Instruction has been subsequently varied by the submission of an

Amended Allocation Instruction and/or an Accelerated Allocation

Instruction.

C. The Account Holder shall use reasonable care in the

performance of its duties under the Fund Documents, including these

Terms, but shall incur no liability toward Donor Countries or NGOs for

any acts, arrangements, or agreements entered into or performed in

connection with the Account.

8. NO THIRD PARTY RIGHTS OR OBLIGATIONS

a. The Fund Documents are not intended and shall not be

construed to create any rights in favor of any person or any entity other

than the Bank or the Account Holder.

b. The responsibilities of the Bank and the Account Holder are

strictly limited to those specifically set forth in the Fund Documents, and

no unstated functions, responsibilities, duties, obligations or liabilities

shall be read into the Fund Documents or otherwise exist against the

Bank or the Account Holder. The Bank shall not be deemed to be acting

as a trustee or fiduciary for the Donor Countries or NGOs, and shall not

be an agent for any of them (other than the United States), except as

otherwise expressly provided in the Fund. Documents. The Account

Holder shall not be deemed to be acting as a trustee or fiduciary for the

Donor Countries or NGOs, and shall not be an agent for any of them.

c. The Bank or the Account Holder shall in no event be required

to initiate any suit, action, or proceeding arising out of or in connection

with the Fund Documents, on behalf of any Donor Country, or any NGO.

9. AMENDMENTS

The Account Holder shall circulate any proposed amendment to the

Terms to each Donor Country. If the Account Holder has not received

objections to it from more. than 50 percent of the Donor Countries within

30 days, the proposed amendment is deemed accepted. The Terms shall

be amended in accordance with the Account Agreement.
1034 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

10. TERMINATION

The Fund shall be terminated when the Account is closed and the

Account Agreement is terminated pursuant to the Account Agreement.

Any funds remaining in the Account upon termination shall be returned

to Donor Countries in proportion to the amount of each Donor's

Contribution that remains undisbursed. The Account Holder shall notify

each Donor Country in the event of termination.
APPENDIX K: NAZI PERSECUTEE RELIEF FUND 1035

Annex B

List of NG0s

American Jewish Joint Distribution Committee(AJJDC)

Association of Former Political Prisoners of Concentration Camps

Board of Deputies of British Jews

Center of Organizations of Holocaust Survivors in Israel

Conference on Jewish Material Claims against Germany (CJMC)

Consultative Council of Jewish Organizations

European Council of Jewish Communities

European Jewish Congress (EJC)

International Romani Union (IRU)

Jewish Central Committee of Sweden

National Fund of the Republic of Austria for Victims of National

Socialism

Pink Cross

Swedish Red Cross

World Jewish Congress (WJC)

World Jewish Restitution Organization (WJRO)
1036 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Annex C:

Form of Contribution Instruction

[Note: The following instruction should be sent to the Bank via

authenticated S.W.I.F.T. message or tested telex, with a copy sent to the

Account Holder.]

1 . We refer to the Account Agreement between the Federal Reserve

Bank of New York and the Government of the United Kingdom of Great

Britain and Northern Ireland dated December 1, 1997 ("Account

Agreement), the Terms of Reference (Annex A) of the Account

Agreement, and the NGO List (Annex B) of the Account Agreement.

2. The (Donor] hereby irrevocably contributes [USD amount] [gold fine

troy ounces] ("Contribution") to the Nazi Persecutee Relief Fund

Account on your books.

3. The [Donor] hereby accepts the Terms of Reference, as may be

amended from time to time, and acknowledges that the Contribution will

be handled in accordance with the Account Agreement.
APPENDIX K: NAZI PERSECUTEE RELIEF FUND 1037

Annex D:

Form of Allocation Instruction

[Note: The following instruction should be sent to the Bank via

authenticated S.W.I.F.T. message or tested telex, with a copy sent to the

Account Holder.]

1. We refer to the Account Agreement between the Federal Reserve

Bank of New York and the Government of the United Kingdom of Great

Britain and Northern Ireland dated December 1, 1997 ("Account

Agreement), the Terms of Reference (Annex A) of the Account

Agreement, the NGO List (Annex B) of the Account Agreement, and our

Contribution Instruction dated [date] ("Contribution Instruction").

2. The Contribution and any earnings thereon shall be allocated in

accordance with the Terms of Reference as follows:

a. Funds:

[NGO on Annex B] [USD amount]

[NGO project] [USD amount]

[NGO project] [USD amount]

[NGO on Annex B] [USD amount]

[NGO project] [USD amount]

[NGO project] [USD amount]

Total [USD amount]

b. Gold:

[NGO on Annex B] [fine troy ounces]

[NGO project] [fine troy ounces]

[NGO project] [fine troy ounces]

[NGO on Annex B] [fine troy ounces]

[NGO project] [fine troy ounces]

[NGO project] [fine troy ounces]

Total [fine troy ounces]
1038 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Annex E:

Form of Amended Allocation Instruction

[Note: The following instruction should be sent to the Bank via

authenticated S.W.I.F.T. instruction or tested telex, with a copy sent to

the Account Holder.]

1 . We refer to the Account Agreement between the Federal Reserve

Bank of New York and the Government of the United Kingdom of Great

Britain and Northern Ireland dated December 1, 1997 ("Account

Agreement), the Terms of Reference (Annex A) of the Account

Agreement, the NGO List (Annex B) of the Account Agreement, and our

Allocation Instruction dated [date] ("Allocation Instruction").

2. The [Donor] hereby notifies the Federal Reserve Bank of New York

and the Government of the United Kingdom of Great Britain and

Northern Ireland that it wishes to amend the Allocation Instruction as

follows: [original NGO from Annex B] should be deleted from the

Allocation Instruction and replaced with [new NGO from Annex B], and

[new NGO from Annex B] should receive the undisbursed portion of

[original NGO from Annex B]'s allocation pursuant to Paragraph 4(d) of

the Terms of Reference.
APPENDIX K: NAZI PERSECUTEE RELIEF FUND 1039

Annex F:

Form of Accelerated Allocation Instruction

[Note: The following instruction should be sent to the Bank via

authenticated S.W.I.F.T. instruction or tested telex,, with a copy sent to

the Account Holder.]

1. We refer to the Account Agreement between the Federal Reserve

Bank of New York and the Government of the United Kingdom of Great

Britain and Northern Ireland dated December 1, 1997 ("Account

Agreement), the Terms of Reference (Annex A) of the Account

Agreement, the NGO List (Annex B) of the Account Agreement, and our

Allocation Instruction dated [date].

2. The [Donor] hereby notifies the Federal Reserve Bank of New York

and the Government of the United Kingdom of Great Britain and

Northern Ireland that it wishes to accelerate the disbursement of its

Contribution pursuant to Paragraph 4(c) of the Terms of Reference, with

respect to the following NGOs:

[NGO or NGO project on Annex B]

[NGO or NGO project on Annex B]
1040 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Annex G:

Form of Agreement between Account Holder and NGO

[Note: The following agreement should be sent to the Account Holder,

with a copy to the Federal Reserve Bank of New York.]

1 . We refer to the Account Agreement between the Federal Reserve

Bank of New York and the Government of the United Kingdom of Great

Britain and Northern Ireland (the "Account Holder") dated December 1,

1997 ("Account Agreement), the Terms of Reference (Annex A) of the

Account Agreement, and the NGO List (Annex B) of the Account

Agreement.

2. In accordance with Paragraph 6 of the Terms, we agree, as a condition

of our eligibility to receive Allocations from the Fund referred to in those

documents,

to:

i. use Allocations in strict compliance with the Terms of

Reference;

ii. make available to the Account Holder, each Donor

Country, and each country that has demonstrated to the Account Holder a

serious interest in becoming a Donor Country, a prospectus which

identifies the specific projects that would be funded by any Allocation,

which states the maximum percentage of each Allocation that will be

used for administrative, auditing, and overhead expenses, which shall be

revised in the event that an NGO and a Donor Country agree by mutual

consent on a specific project not listed on the NGO's original prospectus

to list that project, and which identifies in advance any other nongovernmental organization it may utilize as an onward grantee pursuant

to Paragraph 2(e) of the Terms of Reference;

iii. maintain records pertaining to the use of any

Allocation in accordance with international accounting standards and

make such records available for review by any Donor Country;

iv. make available to each Donor Country the results of

an annual audit, conducted by an independent auditor, of its handling of

all Allocations. The first audit must occur between 3 and 6 months after

the initial disbursement to the NGO as provided in Paragraph 4(a) above;
APPENDIX K: NAZI PERSECUTEE RELIEF FUND 1041

v. be liable to the Donor Country concerned for the

misuse of any allocations; and

vi. report at the Fund's annual meeting on the use of

Allocations.

3. We specifically accept the provisions in Paragraph 7 of the Terms of

Reference on immunity, standard of care, and liability. We also accept

that, pursuant to Paragraph 8 of the Terms of Reference, the Fund

Documents do not create any rights in favor of any person or any entity

other than the Bank or the Account Holder; the responsibilities of the

Bank and the Account Holder are strictly limited to those specifically set

forth in the Fund Documents, and no unstated functions, responsibilities,

duties, obligations or liabilities shall be read into the Fund Documents or

otherwise exist against the Bank or the Account Holder; the Bank or

Account Holder shall not be deemed to be acting as a trustee or fiduciary

for the NGOs, and shall not be an agent for any of them; and the Bank or

the Account Holder shall in no event be required to initiate any suit,

action, or proceeding arising out of or in connection with the Fund

Documents on behalf of any NGO.

4. All allocations disbursed to us should be sent to [name of U.S.

correspondent bank] for credit to [name of NGO's local bank) account

number [account number].

Appendix L:

MEMORANDUM OF UNDERSTANDING

REGARDING

HOLOCAUST-ERA INSURANCE CLAIMS

1. It is agreed by the undersigned European insurance companies,

United States insurance regulatory authorities, and Jewish and

survivor organizations that a just process shall be established that

will expeditiously address the issue of unpaid insurance policies

issued to victims of the Holocaust.

2. It is agreed by the undersigned that an International Commission

(“IC”) will be established. The parties to this Memorandum of

Understanding (“MOU”) agree to actively and voluntarily pursue

the goal of resolving insurance claims of Holocaust victims

through the IC. The IC will be composed of twelve persons or

their alternates: six persons designated by the United States

regulators and the World Jewish Restitution Organization,

together with the Conference of Jewish Material Claims Against

Germany, and the State of Israel, and six persons designated by

the undersigned European insurance companies and European

regulators. Each group above that is a member of the IC will

designate two alternates to attend in observer status. In addition,

there will be three additional observers designated by the World

Jewish Restitution Organization, together with the Conference of

Jewish Material Claims Against Germany, and the State of

Israel, one observer designated by the European Economic

Commission and one observer designated by the United States

Department of State. The twelve representatives will appoint an

additional member who shall serve as the Chairperson. The

Chairperson shall be independent and not affiliated with any of

the persons or groups represented on the IC. Members of the IC

shall serve on a volunteer basis and without remuneration. The
1044 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

IC shall attempt to resolve all issues within two years from its

formation.

3. Following the creation of the IC, insurance companies or their

successors that issued policies to persons who were subsequently

victims of the Holocaust and were not original signatories to this

MOU will be given the opportunity to become signatories to this

MOU and participate in the IC process. The IC process, at the

discretion of the signatory companies, can be extended to

affiliates of the signatories.

4. The IC shall initiate and conduct an investigatory process to

determine the current status of those insurance policies issued to

Holocaust victims during the period of 1920 to 1945 for which

claims are filed with the IC. To assess the remaining unpaid

insurance policies of Holocaust victims, a reasonable review will

be made of the participating companies’ files, in conjunction

with information concerning Holocaust victims from Yad

Vashem and the United States Holocaust Memorial Museum and

other relevant sources of data. The IC or its participating

companies shall retain one or more internationally recognized

auditing firms that operate in those countries where the abovereferenced insurance companies are based and other experts as

needed.

a. The IC shall promulgate an audit mandate

implementing the goal of this MOU. This mandate

shall outline a work program for the audit firm(s). In

addition to establishing a framework for an overall

work plan, the mandate shall also establish a

mechanism whereby any investigatory or audit work

already performed by the various insurance companies

in this area is reviewed to determine whether it is

consistent with the standards and goals of the mandate

and if so, shall be incorporated into the work plan of

the IC auditors. The insurance companies and

insurance regulators that are parties to this MOU shall

ensure that the respective auditing firm(s) and other

experts have complete and unfettered access to any

and all of their relevant books, records and file

archives as is necessary to their audit activities. Such
APPENDIX L: MEMORANDUM OF UNDERSTANDING 1045

access shall be in cooperation with and in accordance

with local insurance authorities and laws. Any

documents reviewed or received by the IC will be

maintained as strictly confidential.

b. As part of the audit mandate, the IC will address the

issue of a full accounting by the insurance companies

and publication of the names of Holocaust victims

who held unpaid insurance policies. In addition, the

IC shall establish a toll free mechanism to aid

survivors, beneficiaries and heirs of Holocaust victims

in the submission of claims and inquiries.

5. The IC shall establish a claims and valuation process to settle

and pay individual claims that will be of no cost to claimants.

The initial responsibility for resolving claims rests with the

individual insurance companies, in accordance with guidelines to

be promulgated by the IC. The signatory companies shall submit

to the IC all claims received directly by the company within 30

days of receipt. The IC shall endeavor to integrate data already

collected by the various U.S. states into the overall process.

Such process shall include the establishment of relaxed standards

of proof that acknowledge the passage of time and the practical

difficulties of the survivors, their beneficiaries and heirs in

locating relevant documents, while providing protection to the

insurance companies against unfounded claims.

6. Such claims process shall also include the valuation of policies,

including, but not limited to, the establishment of standards and

formulae to account for currency reforms, currency conversions

and interest. In the case of insurance claims that were previously

submitted for resolution through a post-war governmental

restitution program, the IC shall examine the program, payments

and payment calculations to determine if they were equitable and

adequate. To the extent an insurance policy was subject to a

post-war governmental restitution program, the insurance

company will receive credit for the amount paid out for the

insurance policy against the value of the policy as determined by

the IC. The IC process shall constitute an exclusive remedy.

Claim awards shall be compensatory only.
1046 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

7. Each insurance company that has agreed to voluntarily submit to

this process shall establish its own dedicated account,

sufficiently funded, to be used exclusively for the immediate

payment of Holocaust related insurance claims which have been

submitted to the IC and which are determined by the IC to be

valid and attributable to each specific insurance company. No

signatory insurance company shall be required to pay any claim

that the IC determines to be attributable to an existing insurance

company that has not signed this MOU.

8. The IC shall establish and administer a Special Fund consisting

of two sections. Each signatory company will make an initial

contribution to the two Specific Humanitarian Sections.

 A. Specific Humanitarian Section:

(1) This section shall provide relief to claimants

who seek relief under policies that cannot be

attributed to a particular insurance company as

well as to claimants who seek relief under

policies issued by companies no longer in

existence. These funds shall be separately

maintained.

(a) If the audit process develops additional

claims and if additional claims are

received that fall into the category of

paragraph (8)(A)(1) of this section and

there are insufficient funds remaining in

the segregated (8)(A)(1) account, each

signatory company shall make additional

contributions as the IC deems necessary to

be assessed on an equitable basis taking

into account both historic and current

involvement.

(2) In addition, each signatory company agrees to

make an equitable contribution to this section, to

be used to satisfy claims on any of its policies

that were nationalized or any of its policies that

were paid, as required by local law, to a

governmental authority that was not the named
APPENDIX L: MEMORANDUM OF UNDERSTANDING 1047

beneficiary of the policy. The monies

contributed by each signatory company shall be

used to satisfy claims awards only against that

company. These funds shall be separately

maintained.

(a) In the event the audit process develops

additional claims and if additional claims

are received that fall into paragraph

(8)(A)(2) and there are insufficient funds

remaining in the segregated (8)(A)(2)

account, each signatory company shall

contribute an additional amount to pay any

monies awarded by the IC on that

signatory company’s paragraph (8)(A)(2)

policies.

B. General Humanitarian Section:

This section shall be used for the benefit of needy

victims of the Holocaust and for other Holocaustrelated humanitarian purposes. It is understood that

the contributions made under this section give due

consideration to the category of “heirless claims,”

i.e., unpaid policies issued by the signatory

companies to Holocaust victims as to which there is

no living beneficiary or other living person entitled

to receive the proceeds. Each signatory company

shall make an initial contribution to this fund, with

subsequent contributions to be determined by the IC

to be assessed on an equitable basis taking into

account both historic and current involvement.

9. Upon execution of this MOU, the insurance companies will

establish a fund to cover the expenses of the IC. Each signatory

company shall make an initial contribution of $250,000.00.

Thereafter, as the IC deems necessary, subsequent contributions

will be assessed based on an equitable basis. The cost of

auditing an individual company’s books and records and any

expenses relating to the processing or investigation of claims

against an individual insurance company shall be borne by that

insurance company. There shall be an annual budget for the
1048 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

operation of the IC administered by the Chairperson and an

annual audit of the IC’s expenses.

10. The IC signatories will work to achieve exemptions from related

pending and future legislation and will work to resolve all

pending litigation for those insurers that become signatories to

this MOU and which fully cooperate with the processes and

funding of the IC.

11. Upon agreement to the terms of this MOU, the respective parties

shall announce the members of the IC and the Chairperson.

August __, 1998

Signed and agreed:

Insurer Signatories:
Appendix M:

FEDERAL LAW NO. 64-FZ OF

APRIL 15, 1998 ON CULTURAL TREASURES

TRANSFERRED TO THE UNION OF SOVIET

SOCIALIST REPUBLICS AS A RESULT OF

WORLD WAR II AND LOCATED IN THE

TERRITORY OF THE RUSSIAN

FEDERATION

Adopted

by the State Duma on February 5, 1997

Approved

by the Federation Council on March 5, 1997

This Federal Law regulates relationships connected with cultural

treasures transferred to tile Union of Soviet Socialist Republics as a

result of the World War II and located on the, territory of tile Russian

Federation.

The main purposes of the Federal Law are:

the defense of the said cultural treasures from plunder,

preventing their illegal export out of the Russian Federation, as well as

the illegal transfer to, whomever it may be;

the creation of necessary legal conditions for the practical return

of the said cultural treasures for partial compensation of the damage

caused to the cultural property of the Russian Federation as a result of

the plunder and destruction of its cultural treasure by Germany and her

military allies during World War II;

the protection of the interest of the Russian Federation when

settling with foreign states controversial issues concerning the said

cultural treasures on the basis of consistent observation of the principle at

reciprocity;
1050 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

the granting of the possibility of the acquaintance with the said

cultural treasure by citizens of the Russian Federation and foreign

citizens including specialists in the field of education, science and

culture;

the creation of favorable conditions for further development of

international partnerships in the sphere of education, science and culture.

CHAPTER I. GENERAL PROVISIONS

Article 1. Legislation of the Russian Federation on Cultural

Treasures transferred to the Union of Soviet Socialist

Republics as a Result of World War II and Located in

the Territory of the Russian Federation

Legislation of the Russian Federation on cultural treasures

transferred to the Union of Soviet Socialist Republics as a result of

World War II and located in the territory of the Russian Federation

consists of this Federal Law and other legislative acts promulgated in

accordance with the Constitution of the Russian Federation and this

Federal Law.

Article 2. International-Legal and Other Acts Upon Which This

Federal Law Is Based

This Federal Law in based an international legal and other acts,

which were adopted in the period of and

after World War II and have remained in effect for property relationships

arising by virtue of these acts:

Peace Agreements of 1947, acts adopted on the basis of rights

and the command of the occupying forces in Germany in 1945-1949, the

State Treaty an the Restoration of Independence and Democracy to

Austria of May 15, 1955, the Treaty on the End of the Final Settlement in

Respect to Germany of September 12, 1990 as well as regulations of

Article 107 of the Charter of the United Nations Organization and the

Declaration of the United Nations of January 5, 1943.

Article 3. The Effect of This Federal Law in Regards to Actual

Possession of Cultural Treasures Transported to the

Union of Soviet Socialist Republics as a Result of

World War II and Located in the Territory of the

Russian Federation
APPENDIX M: FEDERAL LAW NO. 64-FZ 1051

This Federal Law is effective in regards to all cultural treasures

transported to the Union of Soviet socialist Republics as a result of

World War II and which are located in the territory of the Russian

Federation irrespective of whose actual possession they am in as well as

the circumstances of the arising of this actual possession.

Article 4. Fundamental Concepts Used in This Federal Law

For the purpose of this Federal Law the following fundamental

concepts are used:

restitution - form of material international legal responsibility of

the states having committed acts of aggression or other internationally

illegal deed containing the obligation of a given state to eliminate or

reduce the material harm caused to another state by means of the

restoration of a former condition in part by means of the return of

property plundered and illegally taken by it through its forces occupying

another state:

compensatory restitution - form of material international legal

responsibility of an aggressor state applied in cases if the implementation

of responsibility of the given state the form of typical restitution is not

possible and consists in the obligation of the given state to compensate

another state for resulting material harm or by means of removal by the

state suffering harm for its benefit; items of the same type that were

stolen and illegally taken by the aggressor-state from the territory of the

suffering state;

cultural treasures - valuable property of religious or secular

character having historical, artistic, scholarly or other cultural

significance, such works of art, books, manuscripts, incunabula, archival

materials, component parts and fragments of architectural, historical,

artistic statutes, as well as statues of monumental art and other categories

items defined in Article 7 of the Law of the Russian Federation on

Exporting and Importing Cultural Treasures;

transferred cultural treasures - cultural treasures transferred in

implementation of compensatory restitution from the territory of

Germany and her farmer Military allies - Bulgaria, Hungary, Italy,

Romania, and Finland to territory of the Union of the Soviet Socialist

Republic in accordance with orders of the military command of the

Soviet Army, the Soviet Military Administration in Germany, and orders

of other competent organs of the Union of the Soviet Socialist Republics

and located at this time in the territory of the Russian Federation;

formerly hostile states - Germany and allied status during the

period of World War II - Bulgaria, Hungary, Italy, Romania and Finland;
1052 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

property of formerly hostile states - property of state, private,

municipal, social and other organizations and societies in formerly

hostile states,

interested states - states (with the exception of The Russian

Federation and states given in Article 7 of the Federal Law) whose

territories fully or partially were occupied by armies of former enemy

states;

property of interested states - property of state, private,

municipal, social and other organizations and societies in interested

states;

cultural institutions - Russian state (including departmental) and

municipal museums, archives, libraries and other scientific, educational,

entertainment and instructional institutions and organizations

implementing its work in the sphere of education, science and culture.

Article 5. Composition of Transferred Cultural Treasures

From the point of view of their former state affiliation,

transferred state treasures include:

cultural treasures which were property of former enemy states;

cultural treasures, which within the meaning given in Article 4 of

this Federal Law, were property interested states that have lost the right

of ownership to these cultural treasures as a consequence of failing to

call for their restitution within the period that was established by legal

acts stated in Article 9 of this Federal Law;

cultural treasures whose state ownership has not been established

(ownerless things).

CHAPTER II TRANSFERRED CULTURAL TREASURES AND

PROPERTY RIGHTS TO THEM

Article 6. On the Right of Ownership of the Russian Federation

to the Transferred Cultural Treasures

All transferred cultural treasures taken, into the Union, of Soviet

Socialist Republics in the implementation of its right to compensatory

restitution and located in the territory of the Russian Federation with the

exception stipulated by Articles 7 and 8 of this Federal law are property

of the Russian Federation and are federal property

Article 7. On the Guarantee of the Rights of Ownership of the

Belarus Republic, Latvian Republic, Lithuanian
APPENDIX M: FEDERAL LAW NO. 64-FZ 1053

Republic, Moldavian Republic, Ukraine and the

Estonian Republic to Transported Cultural Treasures

1. The provisions of Article 6 of this Federal Law does not affect

the tight of ownership of the Belarus Republic, Latvian Republic,

Lithuanian Republic, Moldavian Republic, Ukraine and Estonian

Republic to cultural objects that can be proven to be a part of transported

cultural treasures but were plundered and taken during World War II by

Germany and (or) her military allies not from the territory of the Russian

Soviet Federated Socialist Republic, but from the territories of the

Belorussian Soviet Socialist Republic, the Latvian Soviet Socialist

Republic, the Lithuanian Soviet Socialist Republic, the Moldavian Soviet

Socialist Republic, the Ukrainian Soviet Socialist Republic and the

Estonian Soviet Socialist Republic and constituted the national property

of the given, but not the other union republics, coming within the borders

of the Union of the Soviet Socialist Republics an February 1,1950.

2. Cultural items given in Item 1 of this Article can be given to

the Belarus Republic, Latvian Republic, Lithuanian Republic, Moldavian

Republic, Ukraine and Estonian Republic according to their ownership

when they observe the conditions stipulated by Item 4 of Article 18 of

this Federal law as well as by their agreement to ensure on the basis of

the principle of reciprocity the same such approach to for cultural

treasures of the Russian Federation transported from former enemy states

to the Union of Soviet Socialist Republics and located on their territories.

Article 8. Transported Cultural Treasures Not Falling Under the

Effect of Articles 6 and 7 of This Federal Law

The following transferred cultural treasures do not fall under the

effect of Articles 6 and 7:

1) Cultural treasures in respect to which and interested state

shall present proof of the fact that it made the demand for their restitution

before the expiration of the periods established by the legal acts given

below, namely:

before March 15, 1949 in regards to Bulgaria (Item 7 at Article

22 of the Peace Treaty with Bulgaria). Hungary (Item 7 of Article 24 of

the Peace Treaty with Hungary). Italy (Item 6 of Article 75 of the Peace:

Treaty with Italy). Romania (Item 7 of Article 23 of the Peace Treaty

with Romania);

before September 15, 1948; in regards to Finland (Item 2 of

Article 23 of the Peace Treaty with Finland):
1054 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

before February 1, 1950 in regards to Germany in the manner

established by the Council of Ministers of the Union of Soviet Socialist

Republics;

2) cultural treasures that are the Property of religious

organizations or private charitable institutions used exclusively for

religious or charitable purposes and did not serve the interests of

militarism, (or) Nazism (fascism);

3) cultural treasures that belong to persons deprived of these

treasures in connection with their active fight against the Nazism

(fascism), including in connection with their participation in the national

resistance to the occupying regimes of former enemy states and

collaborationist regimes, and (or) in connection with their racial,

religious, or national affiliation.

Article 9. The Conditions of Transfer of Interested States of

Cultural Treasures Falling Under the Effect of Article

8 of this Federal Law 

1. Cultural treasures, which were given in the subitems 1, 2, and

3 of Article 8 of this Federal Law and in respect to which interested

states in the course of 18 months from the day of coming into force of

this Federal Law shall make a claim for their return as well as present

proof of the fact that these treasures fall under the effect of the

corresponding subitem (subitems) of Article 8 of this Federal Law, and

in doing so officially confirm that it did not receive for these treasures

lumpsum compensation from Germany or another formerly hostile state,

are subject to be handed over to an interested state and on conditions

stipulated by Article 18 of this Federal Law.

The powers stipulated by the firm paragraph of Item 1 of this

Article can be used by any interested state that presents to the Russian

Federation on the basis of the principle of reciprocity no less favorable

legal conditions for the return of that part of cultural treasures plundered

by former enemy states and that are located or turn up in the future in the

territory of the stated interested state and in respect to which the Union

of Soviet Socialist Republics have announced a claim for restitution.

2. All transferred cultural treasures which were given in subitem

1, 2 and 3 of Article 8 of this Federal law and in respect to which

interested states in the course of 18 months from the day of coming into

effect this Federal Law did not declare a claim for their return and did

not present the proof required in accordance with the mentioned subitem

of Article 8 of this Federal Law, become federal property.
APPENDIX M: FEDERAL LAW NO. 64-FZ 1055

Article 10. Conditions of Transfer to Former Enemy States

Cultural Treasures Given in subitems 2 and 3 of

Article 8 of This Federal Law

1. Cultural treasures, which were given in subitem 2 and 3 of

Article 9 of this Federal law and in regards to which a former enemy

state announces a claim for their return and presents proof of the fact that

treasures fall under the effect of subitem 2 and (or) subitem 3 of Article 8

of this Federal Law, can be handed over to the proper quarter of the

government making the claim on the conditions stipulated by Article 18

of this Federal Law.

The powers, established by the first paragraph of Item 1 of this

Article, can be used by a state from former enemy states that bring

together special legislative measures for ensuring the fulfillment of its

obligations for uncompensated return to the Russian Federation of its

cultural treasures that were plundered and illegally taken by former

enemy states and are located or can be found in the figure in the territory

of the said former enemy states.

2. All transferred cultural treasures that have been pointed out in

Subitem 2 and 3 of Article 8 of this Federal Law and in respect to which

a corresponding former enemy state has not announced a claim in the

course of 18 months from the day that this Federal Law comes into force

and not presented the required proof in accordance with the mentioned

subitem of Article.8 of this Federal law shall become federal property.

Article 11. The Transferred Cultural Treasures Not Subject to

Be Handed Over to Foreign States, International

Organizations and (or) Taken from the Russian

Federation

Transferred cultural treasures (archives and other materials, relics

and other valuables), which by their content or character can serve in

revive the spirit of militarism and (or) Nazism (fascism) cannot he

handed over to foreign states, international organizations and (or) taken

from the Russian Federation.

Article 12. The Transfer of Cultural Treasures That Are Family

Relics

1. Transferring cultural treasures that art family relics, family

archives, photographs, letters, medals and awards, portraits of family

members and their ancestors becoming federal property in accordance

with Article 6 of this Federal law, based on humanitarian considerations

can be handed over properly authorized to representatives of families that
1056 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

that earlier owned these treasures (relics) on conditions stipulated by

Article 10 of this Federal law.

2. The effect of Item 1 of this article does not extend to family

relics of active figures of militaristic and (or) Nazi (fascist) regimes.

Article 13. The Rights of Cultural Institutions in Respect to

Transferred Cultural Treasures

1. A cultural institution to which has been assigned the right to

manage in accordance with regulations of the Civil Code of the Russian

Federation transferred cultural treasures that are Federal property in

accordance with Article 6 of this Federal law, shall implement the right

of management, use and direction of the said cultural treasures in

accordance with the goals of their activities and purposes of their

treasures. However, the alienation of the said cultural treasures and (or)

their transfer, with the exception stipulated in Item 2 at this Article, can

be implemented only on the basis of a federal law and on conditions

established by this Federal law.

2. Duplicates of transferred cultural treasures in the operative

management of an institution of culture: books, lithographs, and other

printed publications can be the object of a cultural exchange with foreign

institutions and organizations in cases where these duplicates do not

represent interests of other cultural institutions of the Russian Federation

CHAPTER III. INTERNATIONAL COOPERATION ON ISSUES OF

EXPOSING AND RETURNING CULTURAL TREASURES TO THE RUSSIAN

FEDERATION

Article 14. Cultural Treasures Illegally Taken from the Territory

of the Russian Federation by Occupying Forces of

Germany and Its Military Allies During World War

II

The Russian Federation will cooperate with states implement

jointly with the Union of Soviet Socialist Republics supreme power in

Germany during its occupation of Great Britain and Northern Ireland, the

United State of America and the Republic of France for the purpose of

exposing and returning to the ownership of the Russian Federation its

cultural treasures which were transferred to these states from

corresponding occupation zones of Germany.
APPENDIX M: FEDERAL LAW NO. 64-FZ 1057

The Russian Federation will cooperate in those same goals with

other states in which can be found Its cultural treasures and which have

signed the Declaration of the United Nations of January 5, 1943 or joined

it in supporting the concluded International treaties stipulated by Article

22 of this Federal Law.

Article 15. The Conditions of Exchange of the Cultural

Treasures for Cultural Treasures of the Russian

Federation Found Beyond the Borders of the

Russian Federation

Exchange of the transferred cultural treasures for cultural

treasures of the Russian Federation that are found beyond the borders of

the Russian Federation and in regards to which the Russian Federation

has not announced a demand for restitution shall be allowed only with

the equivalence of the said exchange determined by the justified

conclusion of the authorized federal organ for the preservation of cultural

treasures. The said exchange shall be formalized by an international

agreement of the Russian Federation with account of the regulations of

Chapter V of this Federal law.

CHAPTER IV. THE PROCEDURE FOR REALIZING THIS FEDERAL LAW

Article 16. The Authorized Federal Organ for Preserving

Cultural Treasures

1. Control for the preservation of transferred cultural treasures

and preparation of the decisions on issues concerning rights of ownership

of these treasures shall be entrusted to the authorized federal organ for

preservation of cultural treasures (hereinafter - federal body).

2. To the federal body is also entrusted the following functions:

consideration of the claims of foreign states and petitions of

foreign citizens established respectively by Article 18 and Article 19 of

this Federal law, preparation of the decisions on these claims. and

deciding them petitions;

distribution of the transferred cultural treasure between the

cultural institutions for the purpose of the practicable use of these

treasures for compensation of damage undergone by these cultural

institutions as a result of plunder and destruction of their property by

forces of former enemy states;
1058 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

the decision of controversial issues between cultural institutions

concerning the distribution between them of transferred cultural

treasures;

the determination of categories of transferred cultural treasures

not subject to being handed over to foreign states, international

organizations and (or) taken from the Russian Federation as well as the

method of their preservation;

the issuing to cultural institutions permission for implementation

of the rights stipulated by Article 13 of this Federal Law for the use of

duplicates of transferred cultural treasures for a cultural exchange with

foreign institutions and organizations;

the implementation of control over the observation of the rules at

foreign economic activities concerning transferred cultural treasures;

the granting together with the Ministry of Foreign Affairs of the

Russian Federation or on agreement with it, proposals to the Government

of the Russian Federation on conducting negotiation concerning cultural

treasures;

implementing control over the observation of this Federal Law.

3. The decisions of the federal organ adopted in accordance with

its functions and authorities, as determined by this Article, are

mandatory. The decisions of the federal organ can be appealed in a

judicial procedure in accordance with the legislation of the Russian

Federation. A decision not appealed in the time established by legislation

of the Russian Federation shall be considered entered into force and can

be changed or rescinded only by a new decision of the federal organ.

4. The Inter-Departmental Council for Issues of Cultural

Treasures Transferred as a Result of World War II shall be created as a

collegiate, deliberative organ. The head of the federal organ shall be the

Chairman of the Inter-Departmental Council for Issues on Cultural

Treasures Transferred as a result of World War II.

Article 17. The Petitions and Claims of Cultural Institutions

Regarding Transferred Cultural Treasures and

Regarding the Return of Their Property

Cultural institutions can turn to the federal body with a petition

for the discharge to them of definite cultural treasures from those

transferred as compensation of damages undergone by these cultural

institutions as the result of plundering and or destruction of its property

by forces of former enemy states and in the same manner make a petition

disagreeing with the distribution of such property. The procedure for
APPENDIX M: FEDERAL LAW NO. 64-FZ 1059

consideration of the said petitions and claims shall be determined by the

regulation confirmed by the Government of the Russian Federation.

Cultural institutions can also turn to the federal body with claims

for the return of cultural treasures belonging to them and groundlessly

handed to other cultural institutions.

Article 18. Claims of Foreign States for Transferred, Cultural

Treasures

1 - Claims for transferred cultural treasures given in subitem 1, 2,

and 3 of Article 8 of this Federal law cm be declared by the government

of a state, which has declared a claim to these treasures, only to the

Government of the Russian Federation; claims of natural and legal

persons, municipal organs, social organizations, and other organizations

and societies are not accepted for consideration.

2. The handing over to the state that made a claim for transferred

cultural treasures shall be implemented on the basis of a Federal law.

The federal law on the handing over of transferred cultural treasures shall

be approved on the of a draft law introduced by the Government of the

Russian Federation with the approval of the organ of state power of the

entity of the Russian Federation on the territory of which is located the

cultural institution implementing the operative management of the given

cultural treasure.

3. Without adopting the corresponding federal law the

transferred cultural treasure cannot be the subject of a transfer, gift,

exchange or any other alienation for the benefit of any state, organization

or separate individual.

4. The handing over of a cultural treasure that is the object of a

claim to a state that made the claim shall be implemented with the

compensation by the given state of expenditures for its identification,

expert examination, storage, restoration as well as expenditures for its

handing over (transportation and so forth).

5. On the basis of the federal law an the handing over of

transferred cultural treasures, the federal law shall give instructions to the

cultural institution in the operative management of which is located the

transferred cultural treasure that is an object of a claim to, conclude an

agreement with the organization (institution or separate individual)

authorized by that government of the state making a claim in accordance

with which shall be carried out the compensation of expenditures

stipulated by Item 4 of this Article and the actual handing over of the

treasure (relic).
1060 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

The original of the deed of transfer of the transferred cultural

treasure shall be registered and kept at the federal organ and a copy kept

at the cultural institution and with the interested parties.

Article 19. Petitions Concerning Family Relics

1. Petitions concerning transferred cultural treasures which are

family relics as defined in Article 12 of this Federal law can be submitted

to the federal organ by properly authorized representatives of the family

earlier owned thew treasures (relies).

2. In the case of the acknowledgment of a petition as subject to

satisfaction the federal organ shall decide whether the family relic that is

the object of the petition shall be handed over to the family that formerly

owned it under the condition of the payment of its costs as well as

compensation for the expenses of its identification, examination by

experts storage, restoration and expenditures for its transfer

(transportation and so on).

3. The cultural institution in the operative management of which

is located the transferred cultural treasury that is the object of the transfer

shall conclude an agreement on the basis of an order of the federal organ

with a properly authorized representative of the family that previously

owned this cultural treasure (relic) in accordance with which shall be

carried out the payment of its cost, compensation of expenditures

stipulated by Item 2 of this Article and the actual handing over of the

treasure (relic).

Originals of the deed of transfer of the transferred cultural treasures

(relics) shall be registered and kept at the federal organ, and a copy of the

deed shall be keep at the cultural institution and with the interested

parties.

Article 20. The Transferred Cultural Treasures at the Cultural

Institutions of the Entities of the Russian Federation

and Municipal Cultural Institutions

Henceforth, before the expiration of the period for taking into

consideration of claims of foreign states for transferred cultural treasures

determined by Articles 9 and 10 of this Federal Law, those of the said

treasures that are located in cultural institutions of entities of the Russian

Federation or municipal cultural institutions in accordance with Article 6

of this Federal Law shall be considered to be federal property. The

redistribution of the transferred cultural treasures between federal

cultural institutions, cultural institutions of the entities of the Russian
APPENDIX M: FEDERAL LAW NO. 64-FZ 1061

Federation or municipal cultural institutions before the expiration of the

said period is not allowed.

Article 21. Responsibility for Violations of This Federal Law

Persons guilty of violating this Federal Law shall bear

administrative civil-legal and criminal responsibility in accordance with

the legislation of the Russian Federation.

CHAPTER V. THIS FEDERAL LAW AND INTERNATIONAL TREATIES OF

THE RUSSIAN FEDERATION

Article 22. International Treaties of the Russian Federation

Being Concluded for Achievement of the Goals of

This Federal Law

The Russian Federation shall conclude international treaties that

promote the achievement of the goals of this Federal Law, including

international treaties:

on settling issues connected with compensation of expenditures

of the Russian Federation and its cultural institutions for preserving and

restoration of transferred cultural treasures that were handed over to

foreign states outside the agreed procedure or according to international

treaties that did not establish such compensation and were concluded by

the Government of the Union of Soviet Socialist Republics or the

Government of the Russia Federation with governments of other states

before the coming into force of this Federal Law;

an equal valued exchanges of transferred cultural treasures for

cultural treasures of the Russian Federation located beyond the borders

of the Russian Federation;

an assistance to cultural institutions of the Russian Federation in

implementation of collaboration with cultural institutions of other states

for exchanges of transferred cultural treasures for cultural treasures taken

from the territory of the Russian Federation at different times on legal

grounds as well as the reacquisition of such treasures;

on state guarantees of assurances by the accepting state of safety

and the inviolability of the transferred cultural treasures during their

showing in artistic salons, at foreign shows and at other expositions;

 on the return tot he Russian Federation of its cultural treasures

plundered and illegally taken from the territory of the Union of Soviet

Socialist Republics by occupying forces of formerly enemy states.
1062 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Article 23. Ratification of International Treaties of the Russian

Federation Concerning Cultural Treasures of the

Russian Federation

International treaties of the Russian Federation concerning

transferred cultural treasures, as well as any other international treaties of

the Russian Federation concerning its cultural treasures, shall subject to

be ratified.

CHAPTER VI. FINAL PROVISIONS

Article 24. The Coming into Force of This Federal Law

This Federal Law shall come into force from the day of its

official publication.

Article 25. Introduction of Regulatory Legal Acts in Accordance

with This Federal Law

It is proposed to the President of the Russian Federation and

entrusted to the Government of the Russia Federation to bring regulatory

legal acts in accord with this Federal Law.

President of the Russian Federation B. Yeltsin
Appendix N:

PROJECT FOR THE DOCUMENTATION OF

WARTIME CULTURAL LOSSES

The Project for the Documentation of Wartime Cultural

Losses (The Documentation Project) has been initiated to gather and

make available information relating to works of art, archives, and other

types of cultural property displaced as a consequence of war. The main

focus of our research is the period of World War II, although other

conflicts are also considered relevant. The Project is administrated under

the auspices of the Cultural Property Research Foundation, Inc., a

not-for-profit foundation incorporated in 1998 in New York.

Our primary aim is to publish the results of our research and,

where appropriate, to disseminate information in a more abbreviated

format on the World Wide Web (http://docproj.loyola.edu). Several

research projects are now in progress and can be accessed at our website,

including "The Jeu de Paume and the Looting of France" and "Trophy

Art and Archives Removed to the USSR." Among the documents

posted in facsimile is the complete "Art Looting Investigation Unit

Final Report." In the future, we hope to sponsor lectures and symposia,

provide student internships, and promote scholarly research projects in

the United States and abroad.

The Documentation Project is non-sectarian and non-partisan

and will operate a manner that is unbiased and impartial regarding

special interests, whether of nations, organizations, religious groups, or

individuals. In this respect, we differ from the World Jewish Congress's

Commission for Art Recovery (CAR) and the Holocaust Art Restitution

Project (HARP), two other private research organizations formed

recently to conduct research on property displaced as a result of World

War II. While these two organizations will focus on claims of Holocaust

victims and the provenance of artworks relating to such claims, The

Documentation Project aims to widen the discourse and promote the

subject as a field of scholarship. At the same time, we welcome

collaborative efforts involving our colleagues at CAR, HARP, and other

organizations.
1064 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

The Documentation Project is administrated by three highly

respected scholars. Konstantin Akinsha (Research Director) is a

Ukrainian art historian and prize-winning journalist who, with his

colleague, Grigorii Kozlov, discovered the existence of the Soviet secret

repositories. Dr. Akinsha is co-author of Beautiful Loot - The Soviet

Plunder of Europe's Art Treasures (New York: Random House, 1995).

Jonathan Petropoulos (Administrative Director) is a professor at Loyola

College in Baltimore and a prominent historian of Nazi Germany,

specializing in the art and cultural policies of the Nazi regime. Dr.

Petropoulos is the author of Art as Politics in the Third Reich (Chapel

Hill: University of North Carolina Press, 1996). Elizabeth Simpson

(Chairman) is a professor at The Bard Graduate Center for Studies in the

Decorative Arts in New York, specializing in the protection of cultural

property and the arts and archaeology of the ancient world. Dr. Simpson

was the organizer of the internationally acclaimed symposium The Spoils

of War -- World War II and Its Aftermath: The Loss, Reappearance, and

Recovery of Cultural Property and is the editor of the published

proceedings (New York: Harry N. Abrams, Inc., 1997).

The Documentation Project also includes a group of affiliated

scholars who hold the position of Research Associate. These scholars

contribute their expertise toward the projects we undertake and in certain

cases conduct their own research under the auspices of The

Documentation Project. Fund raising for the Project is coordinated by

Andrea Lowenthal, Treasurer of the Board of Directors of the Cultural

Property Research Foundation. Ms. Lowenthal is a prominent New York

lawyer with a Fortune 50 corporation who has an interest in cultural

property issues and art law. Legal counsel is provided to the Foundation

by the law firm of Herrick, Feinstein in New York. Resumes of the

officers of the Project and the Foundation are available on request.

More than ten research projects are now in preparation. "The

Jeu de Paume and the Looting of France," is in progress and can be

accessed at http://docproj.loyola.edu. The on-line version of this project

provides a virtual tour of the Jeu de Paume Museum in Paris during the

German occupation. The museum was used by the Einsaustab

Roichsleitor Rosenberg (ERR) as a repository and exhibition area for

Nazi-confiscated artworks from French Jewish collections. Currently

available at our site are eleven views of galleries in the Jeu de Paume,

hung with artworks from plundered collections. Most of thew views

have never been seen before, and many of the individual objects

exhibited have now been identified by The Documentation Project.

High-resolution images of these objects ran be accessed, along with their
APPENDIX N: THE DOCUMENTATION PROJECT 1065

identifications and the names of the collectors from whom they were

stolen. When completed, this reconstruction of the exhibitions at the Jeu

de Paume will constitute a valuable resource that will aid in the

identification of works that passed through the museum and were then

dispersed, never to be returned to their former owners.

"Trophy Art and Archives Removed to the USSR" can also

be accessed at our website. This project explores the vast quantity of

documentation relating to the removal of cultural property to the

countries of the former Soviet Union during and at the end of the Second

World War. According to one estimate, the Soviet “trophy brigades”

confiscated and transported 21⁄2 million art objects and books seized in

the Soviet-occupied countries of Europe. Objects and archives removed

from the Soviet zone of occupied Germany included not only German

property but also property the Nazis themselves had confiscated from

other countries, including France, Belgium, Luxembourg, the

Netherlands, Austria, Poland, and Hungary. Objects were removed to

the USSR from museums, religious organizations, and private

collections, many of them Jewish. Thousands of these objects are still

stored in Russian repositories, their provenance, in some cases, unknown

even to their custodians. Research will be directed toward the

accumulation and dissemination of documents from Russian and

Ukrainian archives relating to the Soviet removals, as well as an

assessment of the 1998 Russian law nationalizing the property now in

Russia. The collection and publication of this data will be important to

an understanding of the methods and scale of the Soviet operations and

will help in attempts to trace and claim lost works.

Other projects now in progress include a catalogue of the

collection of Hermann Goering, which comprised more than a thousand

paintings as well as numerous sculptures and works of applied arts.

Goering had planned to house his collection in a museum in his country

estate Karinhall, scheduled to open in 1953 in celebration of his 60th

birthday. The defeat of Germany put an end to Goering and his

collection, the major part of which was recovered at the end of the war in

Bavaria by Allied troops. However, hundreds of objects, including

paintings and all types of decorative arts, disappeared without a trace.

The project will reconstruct the Goering collection, providing an

important resource for provenance inquiries, and will detail the taste and

activities of Goering as a collector.

Also in preparation is a project that will result in the first

systematic catalogue of the objects acquired by the Sonderauftrag Linz

for the Führermuseum in Linz, Austria. Over a period of five years,
1066 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

Hitler acquired approximately 8,000 paintings, according to one

estimate, and many other objects including sculpture, furniture, armor,

coins, and books. These were acquired by confiscation or purchase,

which often took the form of forced sale. Included were works from

famous state and private collections, such as 527 drawings from the

Franz Koenigs collection in Rotterdam. Many of the works acquired for

the Linz museum were recovered at the end of the war, but others remain

at large. Of the 527 drawings from the Koenigs collection, for instance,

39 have been returned to the Netherlands, 307 are known to be in the

Pushkin State Museum of Fine Arts, Moscow, but 182 remain

unaccounted for. The catalogue of the Linz collection will thus be an

invaluable resource for investigations into the provenance of works of

art, it will provide insight into the artistic tastes of the Nazi elite, and will

reveal much about the mechanism of the systematic Nazi confiscations of

art and property during the war.

Further information on the Project for the Documentation of

Wartime Cultural Losses can be obtained from the officers of the Project

and the Foundation:

Prof. Elizabeth Simpson

The Bard Graduate Center 

18 West 86th Street

New York, NY 10024

Tel: 212-501-3081; Fax: 212-501-3045

Dr. Konstantin Akinsha

1526 Corcoran Street

Washington, D.C. 20009, N.W., Apt. 1

Tel: 202-986-1249

Prof. Jonathan Petropoulos

Department of History

Loyola College

4501 N. Charles Street

Baltimore, MD 21210-2699

Tel: 410-617-2019; Fax: 410-617-2832

Andrea Lowenthal, Esq.

250 West 94th Street, 5G

New York, NY 10025

Tel: 212-670-0185; Fax: 212-670-4519
Appendix O:

THE MYTH IN THE LIGHT OF THE

ARCHIVES:

THE RECURRING ACCUSATIONS AGAINST

POPE PIUS XII

LA CIVILTÀ CATTOLICA, MARCH 21, 1998

PIERRE BLET, S. J.

THE HOLY SEE

When he died on 9 October 1958, Pius XII was the object of

unanimous tributes of admiration and gratitude: “The world,” declared

President Eisenhower, “is now poorer since the death of Pius XII.” Golda

Meir, the Foreign Minister of the State of Israel: “The life of our times

was enriched by a voice speaking out about great moral truths above the

tumult of daily conflict. We mourn a great servant of peace.”1 A few

years later however, beginning in 1963, he had become the subject of a

black legend: during the War, it was claimed, due to political calculation

or faintheartedness, he remained impassive and silent in the face of

crimes against humanity, which would have been prevented had he

intervened.

When accusations are based on documents, it is possible to discuss the interpretation of texts, verify whether they have been misunderstood, received in a non-critical way, misrepresented or chosen

selectively. But when a legend is created from unrelated elements and

with the aid of imagination, discussion is meaningless. The only thing

possible is to counter the myth with the historical reality proved by

incontestable documentation. For this reason, Pope Paul VI, who as

Substitute of the Secretariat of State had been one of the closest

collaborators of Pius XII, as early as 1964 authorized the publication of

the documents of the Holy See relating to the Second World War.

 

1

L'Osservalore Romano, 9 October 1958.
1068 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

THE LAY-OUT OF “ACTES ET DOCUMENTS”

The Archives of the Secretariat of State preserve the files in

which it is often possible to follow day by day, sometimes hour by hour,

the activity of the Pope and his offices. Here are found the messages and

addresses of Pius XII, the letters exchanged between the Pope and civil

and ecclesiastical authorities, notes of the Secretariat of State, service

notes from junior officials to their superiors to communicate information

and suggestions and, in addition, private notes (in particular, those of

Monsignor Domenico Tardini, who had the habit, most fortunate for

historians, of thinking with pen in hand), the correspondence of the

Secretariat of State with the Holy See's representatives abroad (Apostolic

Nuncios, Internuncios and Delegates) and the Diplomatic Notes

exchanged between the Secretariat of State and Ambassadors or

Ministers accredited to the Holy See. These documents are for the most

part sent with the name and signature of the Secretary of State or the

Secretary of the First Section of the Secretariat of State: this does not

detract from their expressing the intentions of the Pope.

On the basis of these documents it would have been possible to

write a work describing the attitude and policy of the Pope during the

Second World War. Or an official report could have been produced to

demonstrate the groundlessness of the accusations against Pius XII.

Since the main charge was that of silence, it would have been

particularly easy to use the documents to illustrate the Holy See's activity

on behalf of war victims and particularly on behalf of the victims of

racist persecutions. It was considered more suitable to undertake a

complete publication of the documents relating to the War. Various

collections of diplomatic documents already existed, many volumes of

which dealt with the Second World War: Documenti diplomatici italiani;

Documents on British Foreign Policy: 1919-1939; Foreign Relations of

the United States, Diplomatic Papers; Akten zur deutschen auswärtgen

Politik 1918-1945. Given the existence of these collections and on the

lines of such models, it seemed useful to allow historians to study from

the documents the role and activity of the Holy See during the War. With

this perspective the publication of the collection entitled Actes et

documents du Saint-Siège relatifs à la seconde guerre mondiale was

begun.2

 

2 Actes et documents du Saint-Siège relatifs à la seconde guerre mondiale,

edited by P. Blet, A. Martini, R. A. Graham, B. Schneider, Città del Vatcano,
APPENDIX O: THE MYTH IN THE LIGHT OF THE ARCHIVES 1069

The difficulty lay in the fact that for this period the archives both

of the Vatican and of other States - were closed to the public and also to

historians. The particular interest in the events of the Second World War,

the desire to write its history on the basis of the documents, and not only

from more or less direct accounts or testimonies, had led the States

involved in the conflict to publish the documents still inaccessible to the

public. Trustworthy persons charged with such a task are subject to

certain rules: not to publish documents which would call into question

people still living or which, if revealed, would hamper current

negotiations. On the basis of these criteria the volumes of the Foreign

Relations of the United States relating to the Forties were published, and

the same criteria were followed in the publications of the documents of

the Holy See.

The task of publishing the documents of the Holy See relating to

the War was entrusted to three Jesuit priests: Angelo Martini, editor of

La Civiltà Cattolica, who had already access to the secret archives of the

Vatican, Burkhart Schneider and the author of the present article, both

professors in the Church History Faculty of the Pontifical Gregorian

University. The work began in the first days of January 1965, in an office

near the storeroom containing the archives of the then Congregation for

Extraordinary Ecclesiastical Affairs and First Section of the Secretariat

of State; documents relating to the War were normally kept there.

In such conditions, the work was both easy and difficult. The

difficulty was that since the archives were not open to the public there

were no systematic inventories geared to research, documents were not

classified, either in chronological or strictly geographical order. Those of

a political nature, and hence relating to the War, were sometimes stored

with documents of a religious, canonical or even personal nature, placed

in fairly manageable boxes but sometimes with widely differing contents.

Information relating to Great Britain could be found in files on France, if

the information had been sent through the Nuncio in France, and

naturally interventions on behalf of Belgian hostages were in the boxes

of the Nuncio in Berlin. It was therefore necessary to examine every box

and go through the entire contents in order to identify the documents

relating to the War. The research was simplified, however, thanks to an

old rule of the Secretariat of State in force since the time of Urban VIII:

Nuncios were to deal with only one subject in each letter.

 

Libreria Editrice Vaticana, 11 Volumes in 12 parts (two parts for volume 3),

1963-81.
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Despite such difficulties, certain circumstances made our task

easier. Since we were working in an office of the Secretariat of State and

as members of the Commission, we were not bound by the conditions

placed on researchers given access to the public storerooms in the

consultation areas; one of us would take the boxes of documentation

directly from the storeroom shelves. Our task was also made

considerably easier by the fact that the documentation was for the most

part typewritten and had been stored as separate letters (except for

manuscripts to be typed for the printing office). Thus when a particular

document was recognized ad pertaining to the War it could simply by

removed and photocopied, and the photocopy together with explanatory

notes - as scholarly work requires - given to the printing office.

Although in the winter of 1965 the work was proceeding quickly

enough, we decided to ask the help of Father Robert Leiber, who had

retired to the German College after serving for more than thirty years as

private secretary of Pacelli, first when the latter was Nuncio, then

Secretary of State and finally Pope Pius XII. Leiber had followed the

situation in Germany very closely, and it was he who had told us of the

existence of drafts of Pius XII's letters to the German Bishops. These

became the material of the second volume of the series and are the

documents that best reveal the thoughts of the Pope.

THE INDIVIDUAL VOLUMES

The first volume, which covers the first seventeen months of the

Pontificate (March 1939 - July 1940) and which reveal Plus XII's efforts

to stave off war, was published in December 1965 and was given a

generally positive reception. In 1966, while Father Schneider was busy

preparing the volume of the letters to the German Bishops, Father Robert

A. Graham, an American Jesuit of the magazine America who had

already published a work on the diplomacy of the Holy See (Vatican

Diplomacy), asked for information covering the period on which we

were working. In reply to his request, he was invited to join our group,

especially as we had learned of the ever more frequent contacts of Pius

XII with Roosevelt and since we were coming across documents in

English fairly frequently. He worked directly on the preparation of the

third volume, which was devoted to Poland and modeled on the second

volume, concerning the relationships of the Holy See with the Bishops.

But the direct exchange of letter with other Bishops proved much less

intense, with the result that volumes two and three (in two parts)
APPENDIX O: THE MYTH IN THE LIGHT OF THE ARCHIVES 1071

remained the only ones of their kind. Thus we decided to divide the

documents into two sections: one was to be a continuation of the first

volume, for questions primarily diplomatic in nature, as indicated by

their title Le Saint-Siège et la guerre en Europe, Le Saint

guerre mondiale. These were volumes 4, 5, 7 and 11. Volumes 6, 8, 9

and 10, entitled Le Saint-Siège et les victimes de la guerre, present in

chronological order documents pertaining to the efforts of the Holy See

to help all suffering in body or spirit because of the War, prisoners

separated from their families and exiled far from their loved ones,

peoples subjected to the devastation of the War, and victims of racial

persecution.

The work lasted more than fifteen years; the group divided the

workload according to the planned volumes and the time that each

member could give. Father Leiber, whose help had been so valuable to

us, was taken from us by death on 18 February 1967. Father Schneider,

after the publication of the letters to the German Bishops and while

continuing to teach Modern History at the Gregorian University, had

devoted himself to the section on the victims of the War. With the help

of Father Graham he prepared volumes 6, 8 and 9, which were completed

at Christmas 1975. But in the summer of that same year he had been

stricken by the illness from which he would die the following May.

Father Martini, who had devoted himself full-time to this work and had

in some way worked on every volume, did not have the satisfaction of

seeing the work completed in its entirety: he was only able to see the

proofs of the last volume, at the beginning of the summer of 1981, before

he himself passed away. Volume 11 (the last of the series) came out towards the end of 1981, under the auspices of Father Graham and myself.

Thus Father Graham, although the oldest among us, was able to work

until the project was brought to completion. During those fifteen years he

was also able to work on related research and publications, which mainly

came out as articles in La Civiltà Cattolica, and which themselves also

constitute a source of information which historians of the Second World

War can profitably consult. He left Rome on 24 July 1996 to return to his

native California, where he ended his days on 11 February 1997.

Since the beginning of 1982, I had resumed my own research on

seventeenth century France and papal diplomacy. But seeing that after

fifteen years our volumes remained unknown even to many historians, I

devoted the years of 1996-1997 to putting the essence and conclusions of

that work into a single column of modest size, but as complete as
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possible.3 A dispassionate reading of this documentation clearly brings

to light in its concrete reality the attitude and conduct of Pius XII during

the World War and, consequently, the unfoundedness of the accusations

made against him. The documentation clearly shows that he did

everything he possibly could in the area of diplomacy to avoid the War,

to dissuade Germany from attacking Poland, to convince Mussolini's

Italy to dissociate itself from Hitler. There is no trace of the alleged

pro-German partiality that he is purported to have developed while he

was at the Nunciature in Germany. His efforts, joined with those of

Roosevelt, to keep Italy out of the conflict, the solidarity telegrams of 10

May 1940 to the Sovereigns of Belgium, the Netherlands and

Luxembourg after the invasion of the Wehrmacht, his courageous

admonition to Mussolini and to King Victor Emanuel calling for a

separate peace certainly do not point in that direction. It would be

unrealistic to think that with the halberds of the Swiss Guard, or even

with the threat of excommunication, he would have been able to stop the

tanks of the Wehrmacht.

But the accusation which is often repeated is that he remained

silent about the racial persecution aimed at the Jews, even when this was

carried to its ultimate consequences, and that he thus left the way open

for the Nazi atrocities. The documentation, however, shows the Pope's

unfailing and constant efforts to oppose the deportations, the outcome of

which was the subject of ever increasing suspicion. The apparent silence

hid a clandestine activity on the part of the Nunciatures and Bishops to

circumvent, or at least limit, the deportations, the violence, and the

persecutions. The rationale behind this caution is clearly explained by the

Pope himself in different speeches, in the letters to the German Bishops,

and in consultations within the Secretariat of State. Public declarations

would have been of no use: they would have only served to make the fate

of the victims worse and to increase their actual number.

RECURRING ACCUSATIONS

In an effort to obscure this evidence, the detractors of Pius XII

have cast doubts upon the seriousness of our publication. Quite

remarkable in this regard is an article published in a Paris evening

newspaper On 3 December 1997: “Those four Jesuits have produced [!]

 

3

 Crf P. Blet, Pie XII et la seconde guerre mondiale d’après les archives du

Vatican, Paris, Perrin, 1997.
APPENDIX O: THE MYTH IN THE LIGHT OF THE ARCHIVES 1073

in the Actes et documents texts which have absolved Plus XII of the

omissions with which he is charged [.]. But those Actes et documents are

far from being complete.” It is insinuated that we had omitted documents

that might prejudice the memory of Pius XII and the Holy See.

First, it is not clear how the omission of certain documents

would help to clear Pius XII of the failures of which he has been accused. On the other hand, to state peremptorily that our publication is not

complete is to state something impossible to prove: to do so, one would

have to compare our publication with the archival material and indicate

documents present in the archives but missing in our publication. Even

though the pertinent archival material is still closed to the public, some

people have gone so far as to furnish alleged proofs of such gaps in the

Actes et Documents. In doing so they have shown their scanty

knowledge of research into archival collections, the opening of some of

which they are demanding.

Repeating an identical statement in a Roman daily newspaper on

11 September 1997, the 3 December article states that the correspondence between Pius XII and Hitler is missing from our publication.

Let us first note that the letter in which the Pope informed the Head of

State of the Reich of his election is the last document published in the

second volume of the Actes et documents. As for the rest, if we did not

publish any correspondence between Pius XII and Hitler it is because

such correspondence exists solely in the imagination of the journalist.

The latter mentions contacts between Pacelli, then Nuncio in Germany,

and Hitler, but he should have checked his dates: Hitler came to power in

1933 and thus would only have been able to meet the Apostolic Nuncio

after that late. But Archbishop Pacelli had returned to Rome in December

1929; Pius XI had created him a Cardinal on 16 December 1929 and

Secretary of State on 16 January 1930. Most importantly, had such

correspondence ever existed, the Pope's letters would have been

preserved in the German archives and it would be natural for some trace

of them to be found in the archives of the Foreign Ministry of the Reich.

Hitler's letters would have ended up in the Vatican, but some mention of

them would be found in the instructions given to the German

Ambassadors, Bergen and then Weitzäcker, who were charged with

delivering them, and in the reports filed by these diplomats confirming

that they had in fact transmitted them to the Pope or the Secretary of

State. There is no trace of any of this. In the absence of such references,

it must be said that the seriousness of our publication has been impugned

without a shred of evidence.
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These observations about the alleged correspondence between

the Pope and the Fiffirer are also applicable to other documents, ones

which actually existed. Very frequently documents from the Vatican, e.g.

notes exchanged with ambassadors, are attested to by other archives. One

can presume that many telegrams from the Vatican were intercepted and

deciphered by the information services of the warring powers, and that

copies can be found in their archives. Consequently, had we in fact

attempted to hide certain documents it would be possible to establish

their existence and thus have a basis for casting doubt on the seriousness

of our work. The same article in the Paris newspaper, after imagining

relations between Hitler and the Nuncio Pacelli, refers to an article in the

Sunday Telegraph in July 1997, which accuses the Holy See of having

used Nazi gold to help war criminals flee to Latin America, and in

particular the Croat Ante Pavelic: “Some studies support this thesis (!).”

One is amazed at the casualness with which journalists can content

themselves with documenting statements. Historians, who often labor for

hours in order to verify their references, will envy them. One can

understand that a journalist will trust a colleague, especially when the

English name of the paper gives him an air of respectability. But there

are two other statements which deserve to be studied separately, namely

the arrival in the Vatican coffers of Nazi gold, or more exactly the gold

belonging to Jews and stolen by the Nazis, and its use to facilitate the

flight of Nazi war criminals to Latin America.

Some American dailies had in fact produced a document from

the U.S. Treasury Department in which the Department was informed

that the Vatican had received, through Croatia, Nazi gold of Jewish

origin. The fact that the document was “from the Treasury Department”

might appear impressive, but one has to read what is printed beneath the

headline and one discovers that it is a note based on the “report of a

trustworthy Roman informant.” Those who take such statements for

gospel truth should read Father Graham’s article on the exploits of the

informant V. Scattolini, who made a living out of “information”

concocted in his own imagination which he then passed on to all the

Embassies, including the American Embassy, which dutifully forwarded

it to the State Department.4 In our search of the archives of the

Secretariat of State, we found no mention of the alleged entrance into

Vatican coffers of gold stolen from Jews. Obviously those who make

such statements have a responsibility to furnish documented proof, for

 

4

 Crf R. A. Graham, “Il vaticanista falsario.” L’incrediblile successo di Vittorio

Scattolini, in La Civiltà Cattolica 1973 III 467-478.
APPENDIX O: THE MYTH IN THE LIGHT OF THE ARCHIVES 1075

example a receipt, not kept in the Vatican archives, as in the case of the

alleged letters of Pius XII to Hitler. In the archives themselves, one finds

only the prompt response of Pius XII when the Jewish communities of

Rome were subjected to extortion by the SS, which demanded that they

hand over fifty kilograms of gold. At that time the Chief Rabbi turned to

the Pope to ask him for the fifteen kilograms needed to make up the

amount, and Pius XII immediately ordered his offices to make the

necessary arrangements.5 Recent checks of the archives have discovered

nothing further.

Nor is the report about Nazi criminals fleeing to Latin America

with the alleged help of the Vatican something new. Obviously we

cannot exclude the naivete' of some Roman cleric who may have used his

position to facilitate the escape of a Nazi. The sympathies of Bishop

Hudal, Rector of the German national church in Rome, for the Great

Reich are well-known; but on these grounds to imagine that the Vatican

organized a large-scale escape of Nazis to Latin America would be to

attribute heroic charity to the Roman clergy, as the Nazi plans for the

Church and the Holy See were well-known in Rome. Pius XII referred

to them in his Consistorial Address of 2 June 1945, recalling that the

persecution by the regime of the Church had been intensified by the War,

“when its adherents still entertained the illusion that, following a military

victory, they would eliminate the Church once and for all.”6 The authors

referred to by our journalist have a rather lofty idea of the forgiveness of

wrongs practiced in papal circles, if they imagine that a number of Nazis

were sheltered in the Vatican and thence taken to Argentina, under the

protection of the Per6n dictatorship, and then on to Brazil, Chile and

Paraguay, as a way of salvaging whatever could be salvaged of the Third

Reich: thus a “Fourth Reich” would have been created in the pampas.

In these reports it is hard to differentiate fact and fiction. For

those who like to read fiction we can recommend Ladislas Farago's

Aftermath: Martin Bormann and the Fourth Reich. The phrase “the

Fourth Reich” says it all. The author takes us from Rome and the Vatican

to Argentina, Paraguay and Chile on the trail of the Reichsleiter and

other fleeing Nazi leaders. With the attention to detail of an Agatha

Christie, he describes the exact position of each character at the moment

of the crime, indicates the numbers of the hotel rooms occupied by the

fleeing Nazis and the Nazi hunters hot on their trail and paints a picture

 

5

 Cfr Actes et dociments, vol.9, 491 and 494.

6

 Pius XII, “Consistorial Address” (2 June 1945), in Acta Apostolicae Sedis

(1945) 159-168.
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of the green Volkswagen which transported them. One is struck by the

modesty of the author, who presents his book as “a typically French

investigative report, a study that is serious yet without pretensions to

pure scholarship” (!).

CONCLUSION

The reader will understand that the Vatican archives may contain

nothing of all that, even if it actually happened. If Bishop Hudal did help

some prominent Nazis to escape, he certainly would not have gone

seeking the Pope's permission. And if he had later confided to him what

had happened, we would know nothing of it now. Among the things

which the archives will never reveal we must mention the conversations

between the Pope and his visitors, with the exception of the ambassadors

who reported on them to their governments, or de Gaulle who speaks of

them in his Memoirs.

This does not mean that when serious historians wish personally

to check the archives from which published documents have been drawn

their desire is not legitimate and praiseworthy. Even after a publication

carried out as accurately as possible, consultation of the archives and

direct contact with the documents makes for historical understanding. It

is one thing to cast doubt on the seriousness of our research, and another

altogether to wonder if something perhaps escaped us. We have not

deliberately ignored any significant document on the grounds that it

seemed to us to damage the image of the Pope and the reputation of the

Holy See. But in an undertaking such as this the person doing the work is

the first to wonder whether he has forgotten something. Without Father

Leiber, the existence of the drafts of Pius XII’s letter to the German

Bishops would have gone unnoticed, and the collection would have been

deprived of the text which are perhaps the most valuable of all for an

understanding of the Pope's thinking.7 Yet those letters do not contradict

in any way what we had learnt from the notes and diplomatic

correspondence. In them, we see more of Pius XII's concern to depend

 

7

 Thus when we prepared the first volume, it was not, known who edited Pius

XII's appeal for peace on 24 August 1939, opportunely corrected and approved

by the Pope. Only later research allowed us to discover that the editor had been

Monsignor Montini (cfr B.Schneider, “Der Friedensappell Papst Pius XII. Vom

Archivum Historiae Pontificiae 6 [1968] 415-424),

although it is difficult to attribute particular sections to the two authors.
APPENDIX O: THE MYTH IN THE LIGHT OF THE ARCHIVES 1077

upon the teaching of the Bishops in order to put German Catholics on

their guard against the perverse seductions of National Socialism, more

dangerous than ever in time of war. This correspondence, published in

the second volume of the Actes et Documents, therefore confirms the

tenacious opposition of the Church to National Socialism, though we

knew already of the first warnings of German Bishops like Faulhaber and

von Galen, of many religious and priests, and finally the Encyclical

Letter Mit brennender Sorge, read in all the churches of Germany on

Palm Sunday 1937, despite the Gestapo.

We can therefore only consider as a pure and simple lie the claim

that the Church supported Nazism, as a Milan newspaper wrote on 6

January 1998. Moreover, the texts published in the fifth volume of the

Actes et Documents deny outright the idea that the Holy See supported

the Third Reich because it was afraid of Soviet Russia. When Roosevelt

sought the Vatican's help to over come the opposition of American

Catholics to his plan to extend to Russia at war against the Reich the

support already granted to Great Britain, he was listened to. The

Secretariat of State charged the Apostolic Delegate in Washington to

entrust to American Bishops the task of explaining that the Encyclical

Divini Redemptoris - which enjoined Catholics to refuse the hand held

out by the Communist parties - did not apply to the current situation and

did not forbid the USA to help Soviet Russia's war effort against the

Third Reich. These are unassailable conclusions.

Therefore, without wishing to discourage future researchers, I

very much doubt whether the opening of the Vatican archives of the War

years will change our understanding of the period. In the archives, as we

have explained earlier, the diplomatic and administrative documents are

mixed with documents of a strictly personal character; and this demands

a longer closure than in the archives of the Foreign Ministries of the

various States. Those who do not want to wait but wish to study in depth

the history of that convulsed period can work fruitfully in the archives of

the Foreign Office, the Quai d'Orsay, the State Department, and in the

archives of the other States which had representatives accredited to the

Holy See. Better than the notes of the Vatican's Secretariat of State, the

dispatches of the British Minister Osborne evoke the situation of the

Holy See, surrounded by Fascist Rome which then fell under the control

of the German army and police.8 It is by devoting themselves to such

 

8

 Cfr. O. Chadwick, Britain and the Vatican during the Second World War,

Cambridge, 1986.
1078 WASHINGTON CONFERENCE ON HOLOCAUST-ERA ASSETS

research, without asking for a premature opening of the Vatican archives,

that they will show that are really seeking the truth.
Appendix P:

NAZI DOCUMENTS FROM THE

RUSSIAN ARCHIVES

MADE PUBLIC BY THE RUSSIAN

DELEGATION AT THE CONFERENCE,

DECEMBER 3, 1998


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