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| Australia and New Zealand. This was a memorandum of the Legal
Department Dyestuffs. During the summer months in 1939, preceding the invasion
of Poland by Germany, Farben carried on an extensive correspondence with the
Reich Ministry of Economics concerning the method of camouflage of foreign
assets. In a letter dated 24 July 1939 written by Farben to the Reich Ministry
of Economics [NI-8496, Pros. Ex. 1024] appear these significant statements:
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The continuous watch which
we have kept on the legal structure of our sales system abroad, and the
necessity in view of political tensions of paying special
attention to the protection of our interests in case of a conflict with other
powers, have convinced us that even the structure did no longer offer the
necessary protection in these countries which were especially exposed to
danger, among them particularly the British Empire.
For these
reasons we have come to the conclusion that real protection of our foreign
sales companies against the danger of sequestration in wartime can only be
obtained by our renouncing all legal ties of a direct or indirect nature
between the stockholders and ourselves which at present give us the
right of access to the stocks of our sales companies and
replacing these legal relations by transferring the right of access to these
assets to such neutral agencies as by virtue of their personal connections with
us of many years standing, in some cases even covering decades, will give us
the absolute guarantee that in spite of their complete independence and
neutrality they will never dispose of these assets otherwise than in a manner
entirely in accordance with our interests. This guarantee continues to exist
even in the case of unforeseen technical or political complications rendering a
discussion with us temporarily impossible, a discussion which in view of our
friendly relations, would normally be a matter of course. The experiences we
made during the war have made it much easier for us to decide on this step. As
an example, for the fact that the only effective protection of our interests
lies in the personal trustworthiness of our business friends abroad and not in
legal obligations whatsoever, we shall only quote the following incident:
After the entry of the United States into the World War, all the
assets of our constituent companies in the United States were sequestrated and
were, in the majority of cases, sold to competitors by the American
authorities; only this action provided the basis for the development of the
American chemical industry of today. This was the situation when the
representative of the Hoechster Farbwerke, General M. A. Metz, while fully
observing his duties as an American citizen, staked his entire private property
without being asked to and without any legal obligation in order
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