1. Levies of agricultural produce.

I submit as Document Number RF-245, the report of the Ministry of

Agriculture and a statistical table drawn up by the Institut de

Conjoncture, summarizing the official German levies which included

neither individual purchases nor black market purchases which were both

considerable. It is not possible for me to read to the Tribunal a table

as long as this; I shall confine myself to giving a brief résumé of this

statistical table.

Here are some of the chief agricultural products which were seized and

their estimate in thousands of francs (I am indicating the totals in

round figures): Cereals, 8,900,000 tons, estimate 22 million francs;

meat, 900,000 tons, estimate 30 million; fish, 51,000 tons, estimate 1

million; wines, liquors, 13,413,000 hectoliters, estimate 18,500,000;

colonial products, 47,000 tons, estimate 805,900; horses and mules,

690,000 head; wood, 36 million cubic meters; sugar, 11,600,000 tons.

I shall pass over the details. The Germans settled through clearing and

by means of occupation costs 113,620,376,000 francs; the balance, that

is 13,000 million, was not settled in any way.

Naturally, these estimates do not include considerable damage caused to

forests as a result of abnormal cutting and the reduction of areas under

cultivation. There is no mention, either, of the reduction in livestock

and damage caused by soil exhaustion. This is a brief summary of the

percentage of official German levies on agriculture in relation to the

total French production: Wheat, 13 percent; oats, 75 percent; hay and

straw, 80 percent; meat, 21 percent; poultry, 35 percent; eggs, 60

percent; butter, 20 percent; preserved fish, 30 percent; champagne, 56

percent; wood for industrial uses, 50 percent; forest fuels, 50 percent;

alcohol, 25 percent. These percentages, I repeat, do not include

quantities of produce which the Germans bought up either by individual

purchases or on the black market.

I have had the privilege of presenting to you the fact that these

operations were of a considerable scope and amounted for France

approximately to several hundred thousand millions of francs. The

quantities of agricultural produce thus taken from French consumers are

incalculable. I shall simply indicate that wines, champagne, liquors,

meat, poultry, eggs, butter were the object of a very considerable

clandestine traffic to the benefit of the Germans and that the French

population, except for certain privileged persons, was almost entirely

deprived of these products.

In Section 2 of this chapter I shall discuss the important question

concerning levies of raw materials.

THE PRESIDENT: That would be a good time for us to adjourn for ten

minutes.

[_A recess was taken._]

M. GERTHOFFER: The summary of the levies in raw materials from the

statistical point of view is contained in charts which I shall not take

the time to read to the Tribunal. I shall submit them as Document Number

RF-246 and point out that the total amount of these supplies reaches the

sum of 83,804,145,000 francs.

On Pages 77 to 80 of my written statement I had thought it necessary to

make a summary of these charts, but I consider it is not possible to

read even the summary because the figures are too numerous.

According to information provided by the French administration, of that

sum the Germans settled, by way of occupation costs and clearing, only

59,254,639,000 francs, leaving the difference of 19,506,109,000 francs

charged to the French Treasury.

The percentage of the German levies in relation to the whole French

production can be summarized in a chart which I have given in my brief

and I ask the Tribunal for permission to read it:

“The percentage of levies of raw materials in relation to French

production: Coal, 29 percent; electric power, 22 percent;

petroleum and motor fuel, 80 percent; iron ore, 74 percent;

steel products, crude and half finished, 51 percent; copper, 75

percent; lead, 43 percent; zinc, 38 percent; tin, 67 percent;

nickel, 64 percent; mercury, 50 percent; platinum, 76 percent;

bauxite, 40 percent; aluminum, 75 percent; magnesium, 100

percent; sulphur carbonate, 80 percent; industrial soap, 67

percent; vegetable oil, 40 percent; carbosol, 100 percent;

rubber, 38 percent; paper and cardboard, 16 percent; wool, 59

percent; cotton, 53 percent; flax, 65 percent; leather, 67

percent; cement, 55 percent; lime, 20 percent; acetone, 21

percent.”

This enumeration permits us to consider that officially about

three-quarters of the raw materials were seized by the occupying power,

but these statistics must be qualified in two ways: A large part of the

quota of raw materials theoretically left to the French economy was in

fact reserved for priority industries, that is to say, those industries

whose production was reserved for the occupying power. Secondly, these

requisitions and percentages include only the figures of official

deliveries; but we have seen that the Germans acquired considerable

quantities of raw materials from the black market, especially precious

metals: gold, platinum, silver, radium, or rare metals, such as mercury,

nickel, tin and copper.

In fact, one can say in general that the raw materials which were left

for the needs of the population were insignificant.

Now, I come to Section 3: Levies of manufactured goods and products of

the mining industry.

As I had the honor to point out to you in my general remarks, the

Germans, using divers means of pressure, succeeded in utilizing directly

or indirectly the greater part of the French industrial production. I

shall not go over these facts again and I shall immediately pass to a

summary of the products which were delivered. I submit as Document

Number RF-248 a chart which contains statistical data, according to

industries, of levies by the occupying power of manufactured goods

during the course of the occupation.

I do not want to tax the patience of the Tribunal by reading this; I

shall simply cite the summary of this chart, which is as follows: Orders

for products finished and invoiced from 25 June 1940 until the

liberation—Mechanical and electrical industries, 59,455 million;

chemical industry, 11,744 million; textiles and leather, 15,802 million;

building and construction material, 56,256 million; mines (coal,

aluminum, and phosphates), 4,160 million; iron industry, 4,474 million;

motor fuel, 568 million; naval construction, 6,104 million; aeronautical

construction, 23,620 million; miscellaneous industries, 2,457 million;

making a total of 184,640 million.

These statistics should be commented upon as follows:

1) The information which is contained here does not include the

production of the very industrialized departments of Nord and of Pas de

Calais, attached to the German administration of Brussels, nor does it

include the manufactures of the Haut-Rhin, Bas-Rhin, and Moselle

departments, actually incorporated into the Reich.

2) Out of the total sum of 184,640 million francs worth of supplies, the

information which we have to date does not as yet permit us to fix the

amount regulated by the Germans by way of either occupation costs or

clearing, or the balance which was not made the subject of any

settlement.

3) If, on the basis of contracts, one made an estimate of the industrial

production levied by Germany in the departments of Nord and Pas de

Calais, one would obtain a figure for those two departments of 18,500

million, which would bring the approximate total up to more than 200,000

million francs.

The extent of the German levies on manufactured products is summarized

in the following chart which I submit to the Tribunal, and which I have

summarized on Page 87 of my written statement. I shall take the liberty

of reading it once more to the Tribunal. It will show the proportion of

the manufactured goods which the French population was deprived of:

Automobile construction, 70 percent; electrical and radio construction,

45 percent; industrial precision parts, 100 percent; heavy castings, 100

percent; foundries, 46 percent; chemical industries, 34 percent; rubber

industry, 60 percent; paint and varnish, 60 percent; perfume, 33

percent; wool industry, 28 percent; cotton weaving, 15 percent; flax and

cotton weaving, 12 percent; industrial hides, 20 percent; buildings and

public works, 75 percent; woodwork and furniture, 50 percent; lime and

cement, 68 percent; naval construction, 79 percent; aeronautic

construction, 90 percent.

The scrutiny of this chart leads to the following remarks:

The proportion of entirely finished products is very large, for

instance: automobiles, 70 percent; precision instruments, 100 percent;

heavy castings, 100 percent; whereas, the proportion of the products in

the process of manufacture is not as great, for example: foundry, 46

percent; chemical industry, 34 percent; _et cetera_.

This state of affairs results from the fact that the Germans directed

the products in the process of manufacture—in theory reserved for the

French population—into finishing industries which had priority, that is

to say, whose production was reserved for them.

Finally, through their purchases on the black market, the Germans

procured an enormous quantity of textiles, machine tools, leather,

perfumes, and so forth. The French population was almost completely

deprived of textiles, in particular, during the occupation. That is also

the case as regards leather.

Now, I reach Section 4: the removal of industrial tools.

I shall not impose on your time. This question has already been treated

as far as the other occupied countries are concerned. I would merely

point out that in France it was the subject of statistical estimates

which I submit to you as Document Number RF-251. These statistical

estimates show that the value of the material which was removed from the

various French factories, either private or public enterprise, exceeds

the sum of 9,000 million francs.

It was observed that for many of the machines which were removed, the

Germans merely indicated the inventory values after reduction for

depreciation and not the replacement value of the machines.

I now come to Section 5: Securities and Foreign Investments. In Document

EC-57, which I submitted as Exhibit Number RF-105 at the beginning of my

presentation, I had indicated that the Defendant Göring himself had

informed you of the aims of the German economic policy and he ventured

to say that the extension of German influence over foreign enterprises

was one of the purposes of German economic policy.

These directives were to be expressed much more precisely in the

document of the 12th of August 1940, which I submit as Exhibit Number

RF-252 (Document Number EC-40), from which I shall read a short extract:

“Since”—as the document says—“the principal economic

enterprises are in the form of stock companies, it is first of

all indispensable to secure the ownership of securities in

France.”

Further on it says:

“The exerting of influence by way of ordinances. . . .”

Then the document indicates all the means to be employed to achieve

this, in particular this passage concerning international law:

“According to Article 46 of the Hague Convention concerning Land

Warfare, private property cannot be confiscated. Therefore the

confiscation of securities is to be avoided in so far as it does

not concern state owned property. According to Article 42 and

following of the Hague Convention concerning Land Warfare, the

authority exercising power in the occupied enemy territory must

restrict itself in principle to utilizing measures which are

necessary to re-establish or maintain public order and public

life. According to international law it is forbidden in

principle to eliminate the still existing boards of companies

and to replace them by ‘commissioners.’ Such a measure would,

from the point of view of international law, probably not be

considered as efficacious. Consequently, we must strive to force

the various functionaries of such companies to work for German

economy, but not to dismiss those persons . . .”

Further on:

“If these functionaries refuse to be guided by us, we must

remove them from their posts and replace them by persons we can

use.”

We will briefly consider the three categories of seizure of financial

investments, which were the purpose of German spoliation during the

occupation, and first of all the seizure of financial investments in

companies whose interests were abroad.

On the 14th of August 1940 an ordinance was published in VOBIF, Page 67

(Document Number RF-253), forbidding any negotiations regarding credits

or foreign securities. But mere freezing of securities did not satisfy

the occupying power; it was necessary for them to become outwardly the

owners of the securities in order to be able, if necessary, to negotiate

them in neutral countries.

They had agents who purchased foreign securities from private citizens

who needed money, but above all, they put pressure on the Vichy

Government in order to obtain the handing over of the principal French

investments in foreign countries. That is why, in particular, after long

discussions in the course of which the German pressure was very great,

considerable surrenders of securities were made to the Germans.

It is not possible for me to submit to the Tribunal the numerous

documents concerning the surrender of these securities: minutes,

correspondence, valuations. There would be without exaggeration, several

cubic meters of them. I shall merely quote several passages as examples.

Concerning the Bor Mines Company, the copper mines in Yugoslavia of

which the greater part of the capital was in French hands, the Germans

appointed, on 26 July 1940, an administrative commissioner for the

branches of the company situated in Yugoslavia. This is found in

Document Number RF-254 which I submit to the Tribunal. The

administrative commissioner was Herr Neuhausen, the German Consul

General for Yugoslavia and Bulgaria.

In the course of the discussions of the Armistice Commission Hemmen

declared (extract from the minutes of 27 September 1940 at 10:30, which

I submit to the Tribunal as Document Number RF-255):

“Germany wishes to acquire the shares of the company without

consideration for the juridical objections made by the French.

Germany obeys, in fact, the imperative consideration of the

economic order. She suspects that the Bor Mines are still

delivering copper to England and she has definitely decided to

take possession of these mines.”

Faced with the refusal of the French delegates, Hemmen declared at the

meeting of 4 October 1940 (I submit to the Tribunal an extract from the

minutes of this meeting as Document Number RF-256):

“I should regret to have to transmit such a reply to my

government. See if the French Government cannot reconsider its

attitude. If not, our relations will become very difficult. My

government is anxious to bring this matter to a close. If you

refuse, the consequences will be extremely grave.”

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 06 · 第 20 / 333 题