 |
EXTRACT FROM THE TESTIMONY OF
DEFENDANT TER MEER¹
|
| |
| CROSS-EXAMINATION ² |
| |
| * * * * * * * * * * |
| |
MR. SPRECHER: In order to save time I have only one or two questions
on the Russian matters under count two and count one, with respect to
spoliation. Do you recall that the Farben Vorstand itself, just after the
invasion of Russia, referred to Russia as “the former Soviet Union”?
DEFENDANT TER MEER: I am sorry to say that I cannot answer that
question either. I don't know; it is possible.
Q. Did you discuss with
Dr. Ambros a model contract for the so-called eastern corporation which was to
be used not only for buna in the Soviet Union, but also for other chemical
products?
A. As far as I know, one of two model contracts were worked
out for the so-called trusteeship contracts which were to be concluded in the
East for the various groups of chemical enterprises, and one of these model
contracts undoubtedly was the basis of the draft of the contract which was to
be drawn up for the Synthese-Kautschuk-Ost, G. m. b. H.
During the
interrogation which either you or Mr. Newman conducted with me about this
point, I said that I had worked out this contract with Dr. Ambros, but I
believe that that was a mistake. As I learned subsequently, these negotiations
tools place principally with Dr. Heintzeler; but that does not affect the
facts. I remember that I talked about these contract drafts with various
gentlemen and made suggestions about changes.
Q. Well now, is there any
question about the fact that you wanted it clearly understood that, in
connection with buna in the Soviet Union, if anyone was to get title to the
Russian buna plants it was to be I. G. Farben? In other words, you wanted a
preemptive right to purchase Russian buna plants in case they were at any time
to be sold, is that right?
A. I cannot answer your second question by
saying "yes." I would not have answered your first question either with
“yes,” since this option clause was nothing but a protective clause
for Farben in case we might be forced to transfer to a Russian buna plant
knowledge gained from our German buna process; and in that case, we wanted to
have our say if any arrangements were made about the plant at a later time. The
best method to safeguard one’s say in a model agreement is, of course, to
include an option clause in it. |
__________
¹ Further extracts are
reproduced above in subsections C 6, D 3, D 6 below in section IX F 2 and
earlier in sections VII C 5g, E 3, G 3, H 4b, I 7c, J 4, K
3a, L 3d, M 3 and O 7a, in volume VII, this series.
² For reasons explained above in subsection D 1. the cross-examination
of Defendant ter Meer upon the subject of the spoliation charges preceded his
direct examination on that subject.
296 |
. 
