IV 

110TH CONGRESS 

2D SESSION H. CON. RES. 371 

Strongly supporting an immediate and just restitution of, or compensation 

for, property illegally confiscated during the last century by Nazi and 

Communist regimes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2008 

Mr. WEXLER (for himself, Mr. GALLEGLY, Ms. ROS-LEHTINEN, Mr. ENGEL, 

Mr. CHABOT, and Mr. HASTINGS of Florida) submitted the following concurrent resolution; which was referred to the Committee on Foreign Affairs 

CONCURRENT RESOLUTION 

Strongly supporting an immediate and just restitution of, 

or compensation for, property illegally confiscated during 

the last century by Nazi and Communist regimes. 

Whereas the United States strongly supports an immediate 

and just restitution or compensation of property illegally 

confiscated during the last century by Nazi and Communist regimes; 

Whereas the wrongful and illegal confiscation of property perpetrated by Nazi and Communist regimes was often an 

integral part of the persecution of innocent people due to 

their religion, nationality, or social origin, or the expression of a view that differed from that of the ruling regime; 


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•HCON 371 IH 

Whereas the protection of and respect for property rights is 

a basic principle tenet for all democratic governments 

that operate according to the rule of law; 

Whereas the participating countries of the Organization for 

Security and Cooperation in Europe (OSCE) have agreed 

to achieve or maintain full recognition and protection of 

all types of property, including private property, and the 

right to prompt, just, and effective compensation in the 

event private property is taken for public use; 

Whereas the Paris Declaration of the OSCE Parliamentary 

Assembly (OSCE Assembly) in July 2001 noted that the 

process of restitution, compensation, and material reparation of victims of Nazi persecution has not been pursued 

with the same degree of comprehensiveness by all of the 

OSCE participating countries; 

Whereas the OSCE Assembly passed a resolution during the 

10th session that urged the OSCE participating countries 

to ensure that they implement appropriate legislation to 

secure the restitution of, or compensation for, both property loss by victims of Nazi persecution and property loss 

by communal organizations and institutions or their successors during the Nazi era, irrespective of the current 

citizenship or place of residence of victims or their heirs, 

or the relevant successor to communal property; 

Whereas the Government of the United States has, since 

1949, with the passing of Military Law 47 in the occupied American Zone of Germany, supported the return of 

property looted during the National Socialist era to the 

rightful owners, or the heirs, of such property; 

Whereas during the last decade, Congress has passed resolutions that endorsed, reiterated, and emphasized the long 


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•HCON 371 IH 

standing support of the United States for the restitution 

and compensation for property illegally confiscated during the Nazi and Communist regimes; 

Whereas some post-Communist countries in Europe have 

taken steps toward compensating victims whose property 

was seized and confiscated by the Nazis during World 

War II or subsequently seized by Communist governments after World War II; 

Whereas the legislation addressing the return of or compensation for such confiscated property enacted by postCommunist countries in Europe has, in various instances, 

not been implemented in an effective, transparent, and 

timely manner; 

Whereas private properties were seized and confiscated by the 

Nazis in occupied Poland during the Nazi era and by the 

Communist Polish government after World War II; 

Whereas Poland, virtually alone among post-Communist 

countries, has failed to enact any legislation that provides 

for a process for the restitution of, or compensation for, 

private property seized and confiscated by the Nazi and 

Communist regimes; 

Whereas Jewish communal properties were seized and confiscated by the Nazis in Lithuania during the Nazi era 

and by the Communist Lithuanian government after 

World War II; and 

Whereas Lithuania, virtually alone among post-Communist 

countries, has failed to implement legislation that provides for the restitution of, or compensation for, Jewish 

communal property seized and confiscated by the Nazi 

and Communist regimes: Now, therefore, be it 


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•HCON 371 IH 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That Congress— 

3 (1) praises the efforts by those countries in 

4 Central and Eastern Europe that have enacted legis5 lation for the restitution of, or compensation for, 

6 private and communal religious property improperly 

7 confiscated during the Nazi and Communist eras 

8 and urges each of those countries to ensure that the 

9 legislation is effectively and justly implemented; 

10 (2) urges the countries in Central and Eastern 

11 Europe which have not already done so to return 

12 looted and confiscated properties to their rightful 

13 owners or, where restitution is not possible, pay eq14 uitable compensation, in accordance with principles 

15 of justice and in an expeditious manner that is just, 

16 transparent, and fair; 

17 (3) calls on the Government of Poland to— 

18 (A) immediately enact fair, comprehensive, 

19 and just legislation so that persons (or the heirs 

20 of such persons) who had their private property 

21 seized and confiscated by the Nazis during 

22 World War II or subsequently seized by the 

23 Communist Polish government after the war 

24 are able to obtain either restitution of their 


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•HCON 371 IH 

1 property or, where restitution is not possible, 

2 fair compensation should be paid; and 

3 (B) ensure that such restitution and com4 pensation legislation establishes an unbureau5 cratic, simple, transparent, and timely process, 

6 so that it results in a real benefit to those many 

7 persons who suffered from the unjust such con8 fiscation of their property, many of whom are 

9 well into their 80s or older; 

10 (4) calls on the Government of Lithuania to im11 mediately enact, fair, comprehensive, and just legis12 lation so communities that had communal and reli13 gious property seized and confiscated by the Nazis 

14 during World War II or subsequently seized by the 

15 Communist Polish government after World War II 

16 (or the relevant successors to the communal and re17 ligious property or the relevant foundation) are able 

18 to obtain either restitution of their property or, 

19 where restitution is not possible, fair compensation; 

20 (5) calls on the President and the Secretary of 

21 State to continue to engage in an open dialogue with 

22 the Governments of Poland and Lithuania sup23 porting the adoption of legislation requiring, in Po24 land, the fair, comprehensive, and nondiscriminatory 

25 restitution of, or compensation for, private property 


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1 that was seized and confiscated during the Nazi and 

2 Communist eras and, in Lithuania, the fair, com3 prehensive, and just restitution of Jewish communal 

4 and religious property that was seized and con5 fiscated during the Nazi and Communist eras; and 

6 (6) calls on the Secretary of State to deliver a 

7 report to Congress, every six months, regarding the 

8 implementation of this concurrent resolution. 

Æ 


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