Language: ns
1948
BAK; OMGUS, Finad, 3/71-2/11
Information Independent Commission of Experts Switzerland-Second World War (ICE) (UEK)
Info UEK/CIE/ICE (
deutsch français italiano english):
________________________
Excerpt from Current Economic Developments Nr. 175, 1.11.1948
Das Washingtoner Abkommen hat beschlossen, dass 50% der dt. Gelder an die IARA und 50% an die Schweiz gehen sollte. "The Swiss have given many reasons for their failure to carry out the Accord, the foremost of which is their claim that they were not required to do so until a rate of exchange was established between Swiss and German currencies in order that the Swiss might know, when liquidating assets, the counter value that would be paid to the German owners."
Despatch, US Legation Bern, 23.8.1948, Excerpt from "The Swiss Financial and Property Control Measures after the War" von Dr. Hugo a Frey, Zürich
"Swiss neutrality is often completely misunderstood. It is often looked upon as a political tendency similar to 'Isolationism' in America or it is regarded as being simply a devise for economic benefit. Both of these viewpoints are completely false. (...) We Swiss cannot pride ourselves on our state being composed of three European cultural groups and at the same time favor one group over another by taking sides in a war between the nations representing these cultures. The policy of neutrality is plainly and simply a question of our very existence: to be or not to be. Switzerland's special circumstances were always recognized by the great powers. (....) It follows as a matter of course that Switzerland as a neutral state, after the last war, had not the right to adopt measures like those of the victorious Allied Powers. In particular, where general reparations are concerned, Switzerland can make no claims on Germany. Our country has also not the right - however much the idea may appeal to us - to expropriate German property with a view to preventing Germany from financing another war. As a neutral state Switzerland could only take action where it was a question of enforcing obligations resulting from contractual agreements made with the Germans, and further when it was a matter of removing the effects of German acts which were illegal under civil law. [Hervorhebung durch UEK]"
In diesem Zusammenhang werde zwei Punkte hervorgehoben:
die Clearing-Milliarde
die bereits getätigten Bemühungen der Schweiz zur Unterbindung des dt. Vermögenstransfers durch resp. in die Schweiz wie beispielsweise der Sperrebeschluss vom 16.2.1945, das Verbot des Handels mit Bardevisen vom 2.3.1945, die Kontrolle des Goldhandels vom 7.12.1942, der Raubgutbeschluss vom 10.12.1945
Das Alliierte Kontrollratsgesetz Nr. 5, das am 3.10.1945 in Berlin aufgesetzt wurde und das die Herausggabe aller dt. Vermögen auch von Seiten der Neutralen verlangt, hat von rechtswegen keinen extraterritorialen Gültigkeitsanspruch und kann daher nicht für die Schweiz gültig sein. "A sovereign country obviously cannot recognize laws of foreign powers and international treaties concluded between other governments as valid for its own territory without its consent and adherence. (...) Switzerland as a neutral state has not the right to lay hold on assets belonging to a defeated country with whom she was not herself at war. The Allies declared however that they possessed supreme authority within Germany and that according to the new principles of total war the victor could also lay claim to the private property located in neutral countries belonging to nationals of the defeated country. No agreement on these fundamental questions of international law could be reached. (...) The Swiss delegation however recognized the purely moral argument that it was unreasonable for large German assets to remain untouched in Switzerland while the means for reconstructing ravaged areas and for combating famine were lacking." Hinzu kommt, dass die Schweiz unter Druck gesetzt werden kann, da die Schweizer Vermögen in den USA rund 3-4 Milliarden ausmachen, da die Schweiz abhängig ist von den Nahrungsmittellieferungen der Alliierten, da Schweizer Unternehmen an einer Streichung von der Schwarzen Liste interessiert sind.
"Switzerland is a small country without offensive military power and without outstanding economic potential. Its whole strength is based on the idea of law. (....) It is therefore all the more to be regretted that some Allies later caused Switzerland through the Washington Accord to relax the principle of the protection and the inviolability of private property rights. As a neutral state Switzerland is unable to adopt her principles of law and right to the changing results of wars in which she has taken no part. It is to be hoped that the Great Powers will recognize this standpoint of right and will help the idea of international law once again to become a living force, irrespective of monetary economic advantages."
deutsch français italiano english):________________________
Excerpt from Current Economic Developments Nr. 175, 1.11.1948
Das Washingtoner Abkommen hat beschlossen, dass 50% der dt. Gelder an die IARA und 50% an die Schweiz gehen sollte. "The Swiss have given many reasons for their failure to carry out the Accord, the foremost of which is their claim that they were not required to do so until a rate of exchange was established between Swiss and German currencies in order that the Swiss might know, when liquidating assets, the counter value that would be paid to the German owners."
Despatch, US Legation Bern, 23.8.1948, Excerpt from "The Swiss Financial and Property Control Measures after the War" von Dr. Hugo a Frey, Zürich
"Swiss neutrality is often completely misunderstood. It is often looked upon as a political tendency similar to 'Isolationism' in America or it is regarded as being simply a devise for economic benefit. Both of these viewpoints are completely false. (...) We Swiss cannot pride ourselves on our state being composed of three European cultural groups and at the same time favor one group over another by taking sides in a war between the nations representing these cultures. The policy of neutrality is plainly and simply a question of our very existence: to be or not to be. Switzerland's special circumstances were always recognized by the great powers. (....) It follows as a matter of course that Switzerland as a neutral state, after the last war, had not the right to adopt measures like those of the victorious Allied Powers. In particular, where general reparations are concerned, Switzerland can make no claims on Germany. Our country has also not the right - however much the idea may appeal to us - to expropriate German property with a view to preventing Germany from financing another war. As a neutral state Switzerland could only take action where it was a question of enforcing obligations resulting from contractual agreements made with the Germans, and further when it was a matter of removing the effects of German acts which were illegal under civil law. [Hervorhebung durch UEK]"
In diesem Zusammenhang werde zwei Punkte hervorgehoben:
die Clearing-Milliarde
die bereits getätigten Bemühungen der Schweiz zur Unterbindung des dt. Vermögenstransfers durch resp. in die Schweiz wie beispielsweise der Sperrebeschluss vom 16.2.1945, das Verbot des Handels mit Bardevisen vom 2.3.1945, die Kontrolle des Goldhandels vom 7.12.1942, der Raubgutbeschluss vom 10.12.1945
Das Alliierte Kontrollratsgesetz Nr. 5, das am 3.10.1945 in Berlin aufgesetzt wurde und das die Herausggabe aller dt. Vermögen auch von Seiten der Neutralen verlangt, hat von rechtswegen keinen extraterritorialen Gültigkeitsanspruch und kann daher nicht für die Schweiz gültig sein. "A sovereign country obviously cannot recognize laws of foreign powers and international treaties concluded between other governments as valid for its own territory without its consent and adherence. (...) Switzerland as a neutral state has not the right to lay hold on assets belonging to a defeated country with whom she was not herself at war. The Allies declared however that they possessed supreme authority within Germany and that according to the new principles of total war the victor could also lay claim to the private property located in neutral countries belonging to nationals of the defeated country. No agreement on these fundamental questions of international law could be reached. (...) The Swiss delegation however recognized the purely moral argument that it was unreasonable for large German assets to remain untouched in Switzerland while the means for reconstructing ravaged areas and for combating famine were lacking." Hinzu kommt, dass die Schweiz unter Druck gesetzt werden kann, da die Schweizer Vermögen in den USA rund 3-4 Milliarden ausmachen, da die Schweiz abhängig ist von den Nahrungsmittellieferungen der Alliierten, da Schweizer Unternehmen an einer Streichung von der Schwarzen Liste interessiert sind.
"Switzerland is a small country without offensive military power and without outstanding economic potential. Its whole strength is based on the idea of law. (....) It is therefore all the more to be regretted that some Allies later caused Switzerland through the Washington Accord to relax the principle of the protection and the inviolability of private property rights. As a neutral state Switzerland is unable to adopt her principles of law and right to the changing results of wars in which she has taken no part. It is to be hoped that the Great Powers will recognize this standpoint of right and will help the idea of international law once again to become a living force, irrespective of monetary economic advantages."
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