Why?

Q: Why doesn't the Claims Conference TRY to contact survivors or heirs?

As recently as December 2009, Germany pledged to continue to actively search for the owners and heirs of artworks...   How about the JCC and the assets they claimed?    According to the German Government’s Dec. 2009 “Guide to Compensation for National Socialist injustice”, Germany pledged to continue to actively search for the owners of artworks and restore or compensate.

Quoting From Section 1.15 on page 13;

“ Despite the aforementioned material compensation that had already been granted, the Federal Republic of Germany reaffirmed its willingness to continue its efforts to clear the provenance (origin) history of works of art confiscated during the Nazi-Era on the basis of the principles agreed upon at the Washington Conference on Holocaust-Era Assets on 3 December 1998 within the bounds of legal and factual possibilities. Moreover, it pledged to take the steps necessary to achieve a just and fair solution when such works of art are identified.

To implement the Washington principles, the German Government, the Länder and the national associations of local authorities made a joint statement in December 1999 on the tracing and return of Nazi-confiscated art, especially Jewish property.”

In this Common Statement, the Federation, the Länder and the national associations of local authorities committed in the spirit of the Washington Declaration to bring their influence to bear in the responsible bodies of the relevant statutory institutions that works of art that have been identified as property confiscated under National Socialism and that can be attributed to specific claimants are returned after careful consideration of the individual case to the legitimate former owners or their heirs. This examination includes a match with material compensation already provided. Such a procedure allows for the identification of the legitimate owners and the avoidance of duplicate compensation.”

It aims to make the research results accessible to the public and give potential owners further information. One of the most important sources of findings for provenance research on works of art confiscated by the National Socialists are the files compiled for the implementation of the Federal Restitution Act which are held by the Federal Office of Central Services and Unresolved Property Issues (BADV)."

A: The Claims Conference says that they have no obligation to try to locate survivors or heirs. They say "It's not my Job."

According to the statement, One of the most important sources for research is the Federal Office of Central Services and Unresolved Property Issues (the BADV).    Interestingly, The BADV  has been paying the claims submitted by the Claims Conference, but is legally prohibited from providing heirs or survivors any information whatsoever without the authority of the Claims Conference.

-You can find this text in page 13 of  the“Guide to Compensation for National Socialist injustice”:   To view the entire document, please click here.