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September 13th, 1940

It seems that it would be easy for the Treasury Department to issue regulations through and by which no works of art could be imported to this country unless under oath it had been stated that the owner of the same had been in possession of them before September 1st, 1939, or that the party importing same was the bona fide agent or representative of the owner.

You will no doubt realize that such works of art would and will come to this country through the most unsuspected channels and from the remotest parts of the world, and with the knowledge we have of German efficiency - and, I think, a little imagination - we can well foresee that an Italian Primitive stolen from a Belgian collector will go to a Hungarian agent who, in turn, will send it through Russia to a South American agent, and from there it will finally come to the United States. We know that German merchandise was shipped to Jugoslavia remarked there "Made in Jugoslavia", and shipped as such to these shores. When the importer was told by the Customs Inspectors that such merchandise could not come from Jugoslavia for obvious reasons, he was willing to admit that an error had evidently been made, and as it was difficult to establish the proof of fraud on the part of the importer, no confiscation or fine was imposed, but the import duty on German goods was charged. I am just giving you this instance to show how hole-proof such regulations would have to be.

There is no doubt that directly or indirectly, the French Government in selling such works of art is counting on the United States as a market, and that steps such as suggested might immediately calm the ardor of the Petain Government as well as the Nazis.

It should also be firmly established and known here, that any and all such works of art might be re-claimed as stolen goods, by their true legal owners.

France's attitude after the Russian Revolution as regards works of art coming from that country, and long after the Last World War was over - but before the Soviets had been recognized "de jure and de facto", as well as the steps the then existing French Government took towards works of art coming from Spain during and immediately after the recent civil war there, are so many precedents which can be referred to.

You will realize that for many reasons I do not wish my name mentioned in any way in connections with this. However, I really feel that the democratic spirit is so opposed to such immoral steps that it is sufficient to call the attention of the proper authorities to such possibilities, for them to take immediately the necessary steps, and I am counting upon you personally - perhaps even through the medium of "The Art News" - to expose this question to the Treasury Department and to the public. 

With kind regards,

Yours very sincerely,

(Germain Séligmann)


Dr. Alfred Frankfurter
c/o "The Art News"
136 East 57th Street 
New York, New York

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