. ©MAZAL LIBRARY

NMT08-T1288


. NUERNBERG MILITARY TRIBUNAL
Volume VIII · Page 1288
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Table of Contents - Volume 8
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ee. If the shares or similar interests are actually held by a neutral who resides in a neutral country, enemy economic warfare measures are ineffective; even an option in favor of IG will remain unaffected. A sole exception arises if the neutral is placed on the 'blacklist,' since then the liquidation of the shares or similar interest may also be ordered. The English during the war made very sparing use of the authority to liquidate assets in the United Kingdom of a 'blacklisted' neutral, inasmuch as such procedure invariably resulted in controversies with the government of the neutral involved, controversies which frequently were out of all proportion to the results obtained by such liquidation.

“This survey shows that the risk of seizure of the sales organizations in the event of war is minimized if the holders of shares or similar interests are neutrals residing in neutral countries. Such a distribution of holdings of shares or other interests has the further advantage of forestalling any conflicts troubling the conscience of an enemy national who will inevitably be caught between his patriotic feelings and his loyalty to IG. A further advantage is that the neutral, in case of war, generally retains his freedom of movement, while enemy nationals are frequently called into the service of their country, in various capacities, and therefore can no longer take care of business matters.  
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“However, as far as possible with due regard to the other interests which call for our consideration, neutral influences should be strengthened in our agencies abroad by the transfer of shares or similar interests to neutral holders. If this is not possible, it seems advisable to transfer the shares or similar interests to parties who are nationals of the particular country and to provide for options on these shares or similar interests, not in favor of IG directly but running to some neutral party with an ultimate option in IG's favor.” 
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“The adoption of these measures would offer protection against seizure in the event of war, although this protection may not be a complete one.”
 This indicates careful and thorough consideration by Farben of the whole problem of protecting foreign holdings in the event of war so as to reduce the hazard of loss to a minimum.

A summary of the minutes of that meeting was, on 8 June 1939, sent to several executives of Farben, including defendants von Schnitzler, ter Meer and Kugler. In the evidence is a memorandum, dated 22 July 1939 [NI-4928, Pros. Ex. 1022] entitled  “Safeguarding measures for the case of war,” which refers specifically to Farben’s holdings in Belgium, France, Egypt, England, United States of America, Canada,

 
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