Title
Joint Declaration by the Federal Government, the Länder
(Federal States) and the National Associations of Local Authorities on the
tracing and return of Nazi-confiscated art, especially Jewish property
, 14 December 1999.
Erklärung der Bundesregierung, der Länder und der kommunalen Spitzenverbände
zur Auffindung und zur Rückgabe NS-verfolgungsbedingt entzogenen Kulturgutes,
insbesondere aus jüdischem Besitz
(14. Dezember 1999)
Description
This statement was issued by the German Federal
Government, the Länder (Federal States) and the National Associations of Local
Authorities following the Washington Conference on Holocaust-Era Assets (Washington DC,
3 December 1998). After providing an outline of the return
and reparations process in both the former Federal Republic of Germany (FRG) and
German Democratic Republic (GDR), the Joint Declaration pledges the continuation of efforts to
search for Nazi-confiscated art in public institutions and to negotiate its
return. The Statement also includes a proposal for an Internet database that
eventually led to the creation of the Lost Art Internet Database at <www.lostart.de>. Although the Statement only
refers to public institutions, independent institutions and private individuals
are encouraged to adhere to it as well. The Statement can be printed from:<http://www.lostart.de/stelle/erklaerung.php3?lang=german>,
accessed 28 October 2002.
Statement
Statement by the Federal Government, the Länder (Federal States) and
the National Associations of Local Authorities on the tracing and return
of Nazi-confiscated art, especially Jewish property of 14 December 1999 (text
as of 9 December 1999)
In accordance with the requirements of the Allied restitution provisions, the Federal Act on Restitution and the Federal Indemnification Act, the Federal Republic of Germany has fulfilled merited claims on grounds the confiscation of works of art by the Nazi regime after WW II, and set up the necessary procedures and institutions for enabling persons entitled to such indemnification to enforce their claims vis-à-vis other parties liable to restitution. The claims primarily arose to those who immediately suffered damage and their legal successors or, in case of Jewish assets without heirs or Jewish assets that were not claimed, to the successor organisations established in the Western zones and Berlin. The material restitution was effected either on a case-to-case basis or by global settlement. The restitution law and the general civil law of the Federal Republic of Germany thus finally and comprehensively provide for issues of restitution and indemnification of Nazi-confiscated art , especially from Jewish property.
In the German Democratic Republic (GDR) the compensation pursuant to Allied law of wrongs perpetrated under National Socialism did not go beyond a rudimentary stage. In the course of German reunification, the Federal Republic of Germany has undertaken to apply the principles of the restitution and indemnification law. Nazi-confiscated art was returned or indemnified in accordance with the provisions of the Vermögensgesetz (Property settlement Act) and the NS-Verfolgtenentschädigungsgesetz (Federal Indemnification Act concerning persons who suffered damage at the hands of the National Socialist regime). Thanks to the global filing of claims on the part of the Conference on Jewish Material Claims against Germany Inc. (JCC) in its capacity as today’s association of successor organisations claims situated in the accession area with regard to cultural property of Jewish parties having suffered loss. As formerly in the West German Laender, material indemnification on a case-to-case basis was sought; where this was not possible, compensation was effected by global settlement.
I.
Irrespective of such material compensation, the Federal Republic of
Germany declared its readiness at the Washington Conference on Holocaust-Era
Assets on 3 December 1998 to look for and identify further Nazi-confiscated
cultural property in so far as the legal and factual possibilities allow and, if
necessary, take the necessary steps in order to find an equitable and fair
solution. Against this background, the decision by the Foundation Board of the
Prussian Cultural Heritage Foundation of 4 June 1999 is welcomed.
The Federal Government, the Laender and the national associations of
local authorities will bring their influence to bear in the responsible bodies
of the relevant statutory institutions that works of art that have been
identified as Nazi-confiscated property and can be attributed to specific
claimants are returned, upon individual examination, to the legitimate former
owners or their heirs, respectively. This examination includes a match with
material compensation already provided. Such a procedure allows to identify the
legitimate owners and avoid duplicate compensation (e. g. by repayment of
compensations already paid).
The relevant institutions are recommended to negotiate the extent and procedure of return or other material indemnification (e. g. in the form of permanent loans, financial or material equalisation) with the clearly identified legitimate former owners or their heirs, respectively.
II.
The German public institutions such as museums, archives and libraries
have supported the tracing of Nazi-confiscated art already in the past by means
of
1. exploitation of and access to the data research findings and records
available to them. 2. investigations in case of concrete inquiries and research,
on their own initiative, in case of new acquisitions, 3. search activities in
the framework of the institutions' tasks. 4. providing information on the
history of Nazi-confiscated art in collections, exhibitions and
publications.
These efforts shall be carried on wherever there is sufficient
reason.
III.
Furthermore, the Federal Government, the Laender and the national
associations of local authorities consider in accordance with the principles of
the Washington Conference to provide a website on the Internet with information
on the following:
1. What the institutions involved can do for publicising
art of unclear origin to the extent that is presumed to have been confiscated by
the Nazis.
2. A search list in which every claimant may enter the items he is
looking for and thus report for investigation by the relevant institutions and
the interested public.
3. Information on the transfer abroad of
Nazi-confiscated art during or immediately after the war.
4. Establishing a
virtual information platform where the interested public institutions and third
parties may enter their findings relating to the tracing of Nazi-confiscated art
in order to avoid duplicate work on the same subjects (e.g. at which auction was
Jewish cultural property of which collection sold?) and make such information
available by way of fulltext retrieval.
IV.
This statement refers to archives maintained by public institutions,
museums, libraries and their inventory. The public bodies funding these
institutions are called upon to ensure the implementation of these principles by
taking decisions to this effect. Institutions under private law and individuals
are called upon also to apply the principles and procedures laid down at the
Washington Conference.
Contact
Information
Beauftragter der
Bundesregierung für Angelegenheiten der Kultur und der Medien (Federal
Commissioner for Cultural and Media Affairs)
Referat K13 (Return of Cultural
Property)
Bundesallee 216-218
10719 Berlin
Tel: +49 (0) 1888/ 681 4205 or 4206
Source
Referat
K13 (Return of Cultural Property), Beauftragter der Bundesregierung für
Angelegenheiten der Kultur und der Medien (Federal Commissioner for Cultural and
Media Affairs)
<www.lostart.de>,
accessed 13 November 2002.