Document Type: 
Document Number (FOIA) /ESDN (CREST): 
Release Decision: 
Original Classification: 
Document Page Count: 
Document Creation Date: 
December 14, 2016
Document Release Date: 
December 17, 1998
Sequence Number: 
Case Number: 
Publication Date: 
February 21, 1947
Content Type: 
PDF icon CIA-RDP82-00457R000300690005-2.pdf283.78 KB
4 Approved For Release 2001/03/05 : Cik; iffnVa0457pipp0069000(fitr2 .i., NO CHANGE in Class. , 0 DECLASSIFI--) - WNW Class. CHANGL .40: TS S SEt1.4.i0.' DDA Memo, 4 Apr 77 Auths DDA REG. 77/1763 Date: 71 Nisi, Iffil By:011___ CENTRAL INTELLIGENCE GROUP 25X1 A2 g 5)c1A2g INTELLIGENCE REPORT COUNTRY Germany (Ruaelan Zona) SUBJECT Legal Problems In Tr4iefee of %man nezta into Run Ouner3hip 25X1 A6a ORIGIN 25X1X6 25X1A9a RATE: 25X1 X6 INFO. DIST. 21 February 1947 PAGES 3 SUPPLEMENT 25X1 A2 g A. President of Lane Thuringia, Weimar, 8 October 146, To: Soviet Military AdminIstration? Weimar. Reference: ntxj;rise Tn le tLte Sov1 4G's on Account of ,J,ermatt Your ordeL:, orclex,ning the transfer of ThuringLAn plants to the USSR' on aCcoun'L of Geximn pearations is the baSis of forms? the termin- ology of which is not clear, al exarinIng the legal form in which thesa plaAt arc. otng transforrd to the 3ov1ot AG s, tho. follow- ing must 'j.t coneAerad: The t3der st,ipula:tes that the transVer of the ,plants concerned takes pace on the basis of an apwaisal.which is .undertaken in?accordance with, .instrtetions general manager.,:2.concerned by the - =AD. Sinsc in.this.situation a fre. agreemenon the .object, and especially a free establishment of the purchase price on .the part of both contractual partners,is lacking, the existece of a sales contract mutt .be denied. A sales telltraet presupposes that 'both contractual partrers have arrived at an agreement on the basis of free negotiation about otect and price, in the course of which the 'object was transferret2 agait*it p..:1-ment of the sum which was agree6 -01)L, The fact that neiter the Land Administration of ? Thuringip. -nor its repr-asaLtativos chargpd with the plant transfers, are ampowercd to sell: cach assets further militates against the assumption cf the existnue of a sales contract. As a consegvence,,the proccss of transferring- these plants into the possession cf the Russian AGTs must-be legally interpreted to the effect that. these plants are being expropriated by the USSR On account of. reparations by Germany. ,In the. course of this trans' action, tIv.plants are being evaluated in accordance with instructions stipulated .in advance by the BMA. - .. 25X 1 A9a ClAbbrFlUA HUN ADSO DADSO X A DEP. FM ' PE i" FBY SPD F VA) SPD J?DEP. . OMB ' EXEC. AIL F . - ? (CONTROL FEN SOO CIRB ; PLAN.SDA MB Approved For Release 2001/03/05 : CIA-RDP82-00457R000300690005-2 Approved For Release 2001/03/05.440a20457R000300690005-2 25X1A2 CENTRAL INTMLIGENOR GROUP This Is ts to request the SMA to confirm that it is in agreement with this legal interpretation. Signed: Jah. Paul B. President of Land Thrringia0 Weimar, 12 October 1946, To: Soviet Military Administration, Weimar. Further to my letter of 8 October 1946 concerning the transfer of plants on account Of German reparations to the Soviet AGts, I should like to bring the following to the knowledge of SMA. I have made the contents of my letter of 8 October 1946 the subject of a dis- cussion between all members of the Land Administrations of Thuringia The legal position taken in the letter of 8 October 1946 was approve without reservation by all members of the Land Administration. The members of the Land Administration believe that in their present position they have no legal power to give legally binding declaratio concerning property of the Land Thuringia, and especially to dispose of such property. Since the Land Administration does not consider Itself entitled to make the above-rentioned legal declarations, it Is, of course, not in a position to delegate similar powers to other persons who have been charged by the Land with the transfer of the plants. concerned. Reports have been received from persons entruoted with the transfer' that here and there they have been put under pressure by general managers for the purpose of forcing them to Sign documents which they do not consider themselves empowered to sign. This is to request the SMA to direct the general managers through the Central Office of Russian AGts in Berlin-Weissensee to abetain from all pressure and the use of force against those entrusted with the transfer, until this whole complex of questions can be clarified Signed: Dr. Paul C. (Copy of the translation from the Russian into the German.) Administration of the SMA of 14 October 19460 Land Thuringia, Weimar. To: President of Land Thuringia, Prof. Dr" Paul With reference to your letters of 8. 9,and 12 October 1946, concerne Ing the transfer of several enterprises to the Soviet AGIs for account of reparations to the Soviet Union I should like to explain the following.: On the baois of the order by the Supreme Chtef of the gMA in Germany. Marshal of the Soviet Unicn Sokolovski. 'of 8 March 1946, several enterprises in Thuringia ( a list of these enterprises is in your possession) are being singled out for trans::er into the ownership of the USSR on account of reparations. I have signed an order for each of the anteeprises to be transferred to be handed over by Germany to the USSR. Its formulation is to be understood as a transfer of the enterprise named in the order to the property of the USSR; i.e.. the writing over of the property by SiET Approved For Release 2001/03/ 5 : C 457R000300690005-2 Approved For Release 2 u . -RDP82-00457R000300690005-2 25X1 A2 CENTRkL INTELLIGENCE GROUP ? -Germany into the property of the Scot Union. Therefore you must' -formulate the powers given to your repreeentatives concerning the transfer of enterprises into the property of the U3SR in such a manner that the wording in the German Iressee.age-will leave no doubts with anyone that these factories are not merely being transferred into the possession of the Soviet AG, but that they will become the legal property of the Soviet Union. (.,. dass die Formulierung in deutscher Sprache bei niemandem Zweifel erwockt dardber, dass diese Fabriken nicht einfach in den Besitz der Sowjet AG dbergeben werden, sondem dass das Eigentum (Brecht) dieser rabrikep iibertragen (iiberschrieben) wird in das Eigentum der Scwjet-Union) The legal bases for this are the resolution of the Control Council '-nu tha above-mentioned order of Marshal Soko1ovs7iA. Instructions concerning the formalities of .the transfer, as well as the form and tables for the appraisal of the value of the factories and their equipment and plants, were confirmed by the Control Counct, and must be carefully executed. As you hae been told in-conver- sation, Harshal Sokolovski demands a speedy execution of formalities In the transfer of the enterprises. Therefore you must undertake al necessary measures so that i can report on the completion of this work to Marshal Sokolovski on 16 December 1946A Signed:_ Garda-Gan. Major Kolesnitchenko Chief of the Soviet Mil. Admin., Land Thuringia. * The German translation give 16 October 1914 as date of completion. Approved For Release 2001/03/05 : CIA-RDP82-00457R000300690005-2