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with the negotiations regarding Francolor, because participation
abroad was not even under discussion.
Q. Well, perhaps it will refresh
your recollection if I show you Document NI-14175
which will become Prosecution Exhibit 1883.¹ This is a letter from your
then Paris representative, Attorney Loncle, to Mr. Kramer, which is dated 14
July 1941. We shall show you the French original text, and for your convenience
and for the convenience of defense counsel, a German translation of the
paragraph we have in mind has been prepared. Will you turn to page 3 of the
French original copy, Dr. ter Meer. Is the M. Decugis the representative of the
French parties there?
A. Yes, I believe that Decugis was the
representative of the French group, but I don't recall that.
Q. Now, I
would like to read the appropriate entry there concerning Article 11 of the
Francolor Convention which was under discussion in this letter where Decugis
requested that after the words “nor to favor such an enterprise in any way
whatsoever,” the following provision should be inserted, “However,
this undertaking does not restrict the liberty of the French contracting
corporations to invest capital in the enterprises having their activities
abroad.” Now, my question is rather simple. Isn't the “nein,”
“no,” which is written in the margin just to the left in your
handwriting?
A. Yes, undoubtedly that is so.
Q. Now, the
Francolor Convention was dated 18 November 1941. That's in evidence as Document
NI-6845, Prosecution Exhibit 1255?² The
Charter of Francolor, which is Exhibit 1256,³ Document NI-6886 is dated 18
December 1941. Now, Dr. Kuepper testified here that the French representative
or lawyers drew up many technical points of the Charter of Francolor. Now, may
I ask you this; did not your deputy, Loehr, the Deputy Chief of the TEA Office,
draw up a draft of the Francolor Convention as early as April 1941?
A.
Yes, Dr. Loehr undertook on my behalf to work out those particular clauses
dealing with the transfer of know-how, patents, and regulations dealing with
these things.
Q. Didn't the provisions of his proposal go a good deal
beyond “know-how” and patents?
A. I believe secrecy matters
were also included, the obligations of certain employees to keep matters
secret. He took the contract of Trafford Park as the model contract — the
one we concluded with I. C. I — and he applied those clauses to a great
extent to the Francolor agreement. I gave him that mission at the time.
Q. Now, I will show you Document NI-14176 which will become |
__________
¹ Reproduced in part
in 2 above.
² Ibid.
³ Not reproduced herein.
154 |
. 
