(1) Holocaust Industry demands compensation from Poland; it cries 'Extortion', says it's a Victim too(2) Holocaust Industry seeks $ from Poland(3) Poland not responsible for genocide & expropriations conducted by German and Soviet occupiers(4) Summary: H.R.1226 - Congress(5) Poland already settled claims over Nationalization of property; this new demand is Extortion(1) Holocaust Industry demands compensation from Poland; it cries 'Extortion', says it's a Victim too- Peter Myers, January 28, 2018Poland gave Jews a home for centuries, at a time when they were evicted from other countries. Within the Polish kingdom, Jews kept apart, speaking a different language (Yiddish), and gradually taking over businesses and professions.Poland tolerated these practices. Yet Jews seem to feel no gratitude. Now the Holocaust Lobby is demanding compensation from Poland, even though it too was a victim of the Nazis.Jews have paid no compensation to Russians for the Red Terror which they led. Nor have they paid any compensation to Palestinians for driving them from their land, destroying their agriculture, and depriving them of water and electricity.Victimhood is a one-way street.I forwarded this information to Norman Finkelstein.(2) Holocaust Industry seeks $ from PolandFrom: Bob Kordecky <bkordecky8@gmail.com>Date: Thu, 25 Jan 2018 22:09:39 +0100Subject: Fwd: Fw: Let's Stop Anti-Polish legislation on Capitol Hill //   Talking pointsOn January 8, 2018 24 leaders of the Polish community in the USA, among others from organizations like the Polish American Congress sent a letter to the Members of Congress urging the congressmen and congresswomen to reject the Act H.R. 1226:http://stopacthr1226.org/Dear Members of the House Foreign Affairs Committee,  On December 12, 2017 the U.S. Senate approved Bill S.447, known as "the Justice for Uncompensated Survivors Today (JUST) Act of 2017". The House Bill H.R.1226, which mirrors the U.S. Senate bill S.447, is presently awaiting evaluation of the House Foreign Affairs Committee.  Attached is a <https://stopacthr1226.org/2018/01/16/legal-background/> legal evaluation of the proposed House Bill H.R.1226 that we are respectfully submitting for your review. It is our position that H.R.1226 is logically and legally flawed, as per the attached legal analysis. Moral, historical and political dimensions must be carefully considered as well.A follow up letter, and a full list of the Polish American signatory organizations monitoring this bill, shall follow within the next several days.  We urge you to reject H.R.1226.  Sincerely,{signed by various Polish American leaders}(3) Poland not responsible for genocide & expropriations conducted by German and Soviet occupiershttps://www.polishclub.org/2018/01/12/thoughts-in-opposition-anti-polish-capitol-hill-legislation-447-and-h-r-1226Anti-Polish legislation on Capitol Hill. Let's Stop It!Thoughts in opposition to anti-PolishCapitol Hill legislationS. 447 and H.R. 12261.     The Senate and House bills S.447 and H.R. 1226 are deeply flawed and driven by the erroneous logic rooted in falsification of history. Poland must not be held responsible for the genocide and property expropriations conducted by her German and Soviet occupiers and the political, social and economic ramifications of the Yalta Agreement reached by the United States, Great Britain and Soviet Union in 1945. Unlike: France, Belgium, Holland, Norway, Denmark, Slovakia, Croatia, Hungary, Romania, Lithuania, and others, Poland did not cooperate with Germany during WW II. Inclusion of Poland, the country which paid the highest price for her WW2 opposition to Germany, in the same category as the other collaborating states, falsifies history2.     Poland should not pay any lump-sum compensation to private, self-appointed organizations - created under the pretext of compensating the Holocaust victims - professing to be successors of all the pre-WW2, Jewish citizenry of Poland. The American and Israeli organizations of 2018 are not successors in title to the heirless and intestate Jewish citizens of Poland who perished under German occupation between 1939 and 1945. Any and all assets left heirless and intestate in any country of the modern world escheat to such states. Poland, or any other country, cannot be made an exception to this universally accepted legal principle. The Republic of Poland is the only entity legally entitled to the successive ownership of any assets left by her Jewish pre-WW2 citizens.3.     The premise behind the bills S. 447 and H.R.1226 is not implementation of existing law but creation of a completely new legal authority and establishment of a political enforcement mechanism in the US to achieve the goals specified in the already publicized compensation schemes. Such demands are at present - from the point of view of the American, international and Polish law – nothing but illegitimate extortion attempts. Their proponents, unable to show that their compensation demands are legitimate and meet the necessary legal qualifications present under the existing set of laws have turned to the Congress of the United States trying to change the existing legal standard, which they do not like. The S.447 and H.R. 1226 are designed to elevate their extralegal scheme to the appearance of a respectable and enforceable legal concept.4.     The American Holocaust organizations make unfounded and legally absurd demands of lump-sum compensation for tens of billions of dollars without any evidence of title and without naming any people or any real properties or assets. It would be morally and legally wrong and politically ill-advised for the United States Congress to support extralegal agendas and payment schemes benefiting such private groups.5.     The title of the bill "Justice for Uncompensated Survivors Today (JUST) Act of 2017" is false and misleading. There are no "uncompensated survivors".  The claims have been paid - in some cases, multiple times.a)     Germany has paid since 1949 the equivalent of over 100 billion dollars to individuals, Jewish organizations and the State of Israel. The German payments have covered all of the Jewish property seized and expropriated by Germany during WW2.b)     Between 1948 and 1971 Poland concluded property restitution and compensation treaties with the United States, Austria, Belgium, Canada, Denmark, France, Great Britain, Greece, Holland, Luxembourg, Norway, Sweden and Switzerland. All claims for property and assets located in Poland by the citizens of these countries have been since settled in full and discharged. According to the agreement, all claims of US citizens and their heirs are now responsibility of the United States government. The House of Representatives potential support for the new, extralegal claims against Poland would substantially violate the US-Polish treaty and the indemnification agreement signed between the US and Poland on July 16, 1960.c)     Since 1989, all legitimate property claims may be freely pursued in Poland by judicial and administrative means and venues. Tens of thousands of people with legitimate title claims - regardless of their ethnic background - have recovered ownership and possession of their properties in Poland.d)     A 1997 Polish legislation enabled return - or payment of compensation - to Jewish organizations in Poland of over 2,500 communal properties, including synagogues, cemeteries and cultural centersEdward Wojciech Jes´manPresident & National DirectorPolish American Congress of Southeren California(4) Summary: H.R.1226 - Congresshttps://www.congress.gov/bill/115th-congress/house-bill/1226Summary: H.R.1226 — 115th Congress (2017-2018)All Information (Except Text)There is one summary for H.R.1226. Bill summaries are authored by CRS.Shown Here:Introduced in House (02/27/2017)Justice for Uncompensated Survivors Today (JUST) Act of 2017This bill directs the Department of State, with respect to covered countries, to annually include within either the relevant Annual Country Report on Human Rights Practices, the International Religious Freedom Report, or other appropriate report an assessment of the nature and extent of national laws or enforceable policies regarding the identification, return, or restitution of wrongfully seized or transferred Holocaust era assets and compliance with the goals of the Terezin Declaration on Holocaust Era Assets and Related Issues, including:     * the return to the rightful owner of wrongfully seized or transferred property, including religious or communal property, or the provision of comparable substitute property or the payment of equitable compensation to the rightful owner;     * the use of the Washington Conference Principles on Nazi-Confiscated Art and the Terezin Declaration in settling claims involving publicly and privately held movable property;     * the restitution of heirless property to assist needy Holocaust survivors; and     * progress on the resolution of claims for U.S. citizen Holocaust survivors and family members."Covered countries" means signatories to the Terezin Declaration that are determined by the Special Envoy for Holocaust Issues to be countries of particular concern with respect to such restitution.(5) Poland already settled claims over Nationalization of property; this new demand is Extortionhttps://www.gazetawarszawska.com/index.php/pugnae/55-let-s-stop-anti-polish-congressional-act-hr-1226Let's Stop Anti-Polish Congressional Act HR 1226!Administrator Pugnae 12 January 2018Dear Member of the House Foreign Affairs Committee,On December 12, 2017 the U.S. Senate approved Bill S.447, known as "the Justice for Uncompensated Survivors Today (JUST) Act of 2017". The House Bill H.R.1226, which mirrors the U.S. Senate bill S.447, is presently awaiting evaluation of the House Foreign Affairs Committee.Attached is a legal evaluation of the proposed House Bill H.R.1226 that we are respectfully submitting for your review. It is our position that H.R.1226 is logically andlegally flawed, as per the attached legal analysis. Moral, historical and political dimensions must be carefully considered as well.A follow up letter, and a full list of the Polish American signatory organizations monitoring this bill, shall follow within the next several days.We urge you to reject H.R.1226.Pd H.R.1226submitted by the Polish-American constituencyJanuary 4, 2018BILLS S.447 AND H.R.1226 VIOLATE INTERNATIONAL TREATY AND LAWThe Justice for Uncompensated Survivors Today Act of 2017, S. 447, passed the Senate on December 12, 2017. A related House Bill H.R.1226 was introduced in the US House of Representatives on February 27, 2017. Both S. 447 and H.R. 1226 (the "Bills") are now before the Committee on Foreign Affairs of the House of Representatives. The texts of the two Bills are similar and in parts identical. The Bills call on "countries of particular concern" relative to the Holocaust Era assets and related issues to: 1) return to the rightful owner any property, including religious or communal property, that was wrongfully seized or transferred; 2) provide property or compensation for heirless property in order to assist needy Holocaust survivors, to support Holocaust education, and for other purposes.Compensation for private property in Poland already paid to rightful ownersIn calling for the return to the rightful owner of a property that was "wrongfully seized or transferred," the Bills violate the Agreement between the Government of the United State of America and the Government of the Polish People’s Republic regarding claims of nationals of the United States signed at Washington on July 16, 1960, and registered with the United Nations by the United States of America on January 6, 1961 ("1960 Treaty").Under the 1960 Treaty, Poland paid the United States $40 million in full settlement of claims of nationals of the United States for nationalization or other taking of property, appropriation or loss of use of their property and debt owed by enterprises taken over by the State.1 The $40 million paid pursuant to the 1960 Treaty represents over a billion dollars in 2017. Hence, this substantial compensation was intended to settle property claims against Poland by US nationals. In accordance with Article IV of the 1960 Treaty, the United States agreed to fully indemnify Poland for any property claims of US nationals, which occurred on or before the entry into force of the 1960 Treaty.2__________1 Art. II of the 1960 Treaty provides compensation for the following: (a) the nationalization or other taking by Poland of property and of rights and interests in and with respect to property; (b) the appropriation or the loss of use or enjoyment of property under Polish laws, decrees or other measures limiting or restricting rights and interests in and with respect to property, and (c) debts owed by enterprises which have been nationalized or taken by Poland and debts which were a charge upon property which has been nationalized, appropriated or otherwise taken by Poland.2 Article IV of the 1960 Treaty provides: After the entry into force of this Agreement the Government of the United States will neither present to the Government of Poland nor espouse claims of nationals of the United States against the Government of Poland to which reference is made in Article I of this Agreement. In the event that such claims are presented directly by nationals of the United States to the Government of Poland, the Government of Poland will refer them to the Government of the United States.____________________________________________________________________On March 31, 1966, the Foreign Claims Settlement Commission of the US completed its administration of the Polish Claims Program pursuant to the 1960 Treaty and submitted a final report to various committees of Congress. Awards granted under the Polish Claims Program totaled $100,737,681.63 in the principal amount plus interest in the amount of $51,051,825.01.Accordingly, in light of the contractual obligation of the United States to provide indemnity to Poland for private property claims, the enactment of the Bills that direct the US Secretary of State to pressure Poland to pay further private property claims violates the contractual obligation of the United States.Also, it shall be noted that between 1948 and 1971 Poland concluded property restitution and compensation treaties not only with the United States but also with Austria, Belgium, Canada, Denmark, France, Great Britain, Greece, Holland, Luxembourg, Norway, Sweden and Switzerland. All claims for property located in Poland by the citizens of these countries have been since settled in full and discharged.Furthermore, since 1989, all legitimate property claims of private individuals can be freely pursued before the Polish courts in accordance with the provisions of the Civil Code. Every person regardless of their nationality or ethnic origin may enforce their property and inheritance rights before the Polish courts in accordance with the procedures of the Code of Civil Procedure. Hence, every individual with a right title can file a request for declaration of the acquisition of the inheritance. Thousands of people with legitimate title claims - regardless of their ethnic origin - have recovered their properties in Poland pursuant to the private property law.Religious and communal property returned or compensated for in PolandThe return of Jewish religious and communal properties has been implemented in Poland pursuant to the 1997 law on the relationship between the Polish State and Jewish religious organizations.3 On the basis of this unprecedented legislation, Poland granted the Jewish minority broad decision- making powers in the implementation of this legislation. The Commission for the Jewish Communities Affairs carried out the restitution of Jewish religious and communal properties program in close cooperation with the Union of Jewish Communities.4 Over 2,500 communal properties, including synagogues, cemeteries and cultural centers, have been either returned or compensated for based on the Polish 1997 law.Accordingly, practically all religious and communal properties with adequately documented ownership have been either returned or compensated for by now. Therefore, claims for this type of property restitution have been settled in Poland.Restitution of heirless property is against the lawIf there are no heirs, the property is not "wrongfully seized or transferred." It escheats to the state. That's the law in every country. The Bills introduce a precarious precedence of "heirless property" compensation that is contrary to the Western legal tradition and principles of jurisprudence. In S. 447, the goal and objective relative to heirless property is_______________________________3 Law dated February 20, 1997, DZ. U. 1997 No. 41 Item 251.4 Art. 32.1 of the 1997 Law.__________________________________________________________________________________is "the provision of property or compensation to assist needy Holocaust survivors, to support Holocaust education, and for other purposes. . ." H.R. 1226 states the goal and objective as "the restitution of heirless property to assist needy Holocaust survivors, and for other purposes . . ." "Restitution of heirless property" is an aberration by definition. "Restitution" means the restoration of something to its rightful owner. If the property is "heirless" then, by definition, restitution of the property to the rightful owner is impossible. The property might have been "wrongfully seized or transferred" originally, but if the property is now heirless, it escheats to the state. That's the law everywhere, including the United States.The Bills call on the Secretary of State to present reports that are to address "wrongfully seized or transferred Holocaust era assets." Hence, such reports should not include "heirless property" which always and everywhere escheat to the state; such escheat being lawful and legal, regardless of whether the property was earlier wrongfully seized or transferred.This issue is of crucial importance to Poland since most of the heirless property claims are against Poland. Creating ex post facto a legal precedent of property restitution to "non-heirs" for "other purposes" amounts to extortion of funds from "other" uncompensated victims of the German WWII genocide. Such scheme treats the Polish taxpayers, who themselves are victims of the German genocide and wrongful seizure of property, as those guilty of the Jewish Holocaust, hence it is unconscionable.Multiple payments for the same claims are wrong in law and equityPoland has implemented numerous laws and procedures under which WWII property claims have been effectively pursued. Since 1951 Germany has paid the equivalent of over 100 billion dollars to Jewish individuals, Jewish organizations and the State of Israel. The German payments covered all of the Jewish property seized and expropriated by Germany during WW2, including the immovable property located on the Polish territory conquered and occupied by the Third Reich.THE BILLS ARE UNCONSTITUTIONALThe US Congress does not have the constitutional power to enact either of the two Bills.Rule XII Clause 7(c) of the House of Representatives requires that all bills (H.R.) and joint resolutions (H.J.Res.) must provide a document stating "as specifically as practicable the power or powers granted to Congress in the Constitution to enact the bill or joint resolution" to be accepted for introduction by the House Clerk.According to the Constitutional Authority Statement, Congress has the power to enact the Bills pursuant to Article I Section 8 Clause 3 of the Constitution of the United States.5  The cited clause5 See: https://www.congress.gov/bill/115th-congress/house-bill/1226 >From the Congressional Record Online through the Government PublishingOffice. By Mr. CROWLEY: H.R. 1226 - the following: Article I Section 8 Clause 3 [Page H1355]._________________________________________________________________________________of "Article I Section 8 Clause 3" is commonly known as the Commerce Clause,6 which gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes."Clearly, neither S 447 nor HR 1226 are related to the regulation of commerce. Unless, perhaps, it is intended to gather information, under Congress' investigatory power, to be used in future legislation that would impose sanctions on countries that are deemed not to have made sufficient progress towards the Holocaust (Shoah) Era restitution claims. If so, this purpose should be stated explicitly in HR 1226.THE BILLS ARE DISCRIMINATORY IN NATUREThe Bills make reference to the Terezin Declaration adopted at the 2009 Holocaust Era Assets Conference held in Terezin, Czech Republic. The Terezin Declaration adopted the phrase, "Holocaust (Shoah) survivors and other victims of Nazi persecution" throughout, except under the section entitled "Immovable (Real) Property," in which a more narrow definition of victims i.e. "Holocaust (Shoah) victims" is used. The use of "Shoah" is intended to restrict "Holocaust" to Jews only and not include other victims.The United States shall not discriminate against racial, ethnic or religious groups whose members may be in the exact same situation as Jews. Approximately 5 million non-Jews (mostly Christians) were killed by the Germans. In particular, close to 3 million Poles were killed in WWII by Hitler’s Germany and the Soviet Union, and it is estimated that about 80% of the potential property claims would be by ethnic Poles while about 20% by ethnic Jewish. The "other victims" in particular the Polish victims of German extermination, must be explicitly included in the restitution claims to avoid misunderstandings and complaints of favoritism, undue influence and outright discrimination.Both Bills would require the US Secretary of State to submit a report "that assesses and describes the nature and extent of national laws and enforceable policies" of "covered countries" regarding the "identification and the return of or restitution for wrongfully seized or transferred Holocaust era assets." The report would also assess and describe the covered countries' progress towards meeting the goals and objectives of the 2009 Holocaust Era Assets Conference (S. 447), or the 2009 Terezin Declaration on Holocaust Era Assets and Related Issues (H.R. 1226).The Bills give the Secretary of State in cooperation with the Holocaust Envoy the power to determine, "in consultation with expert nongovernmental organizations" whether the proposed law applies to a particular country. The term "expert nongovernmental organizations" is one of several unacceptable ambiguities in these Bills. Requiring the Secretary of State or Holocaust Envoy to consult with undefined NGOs before choosing "covered countries" gives the Secretary or Envoy too much discretion and invites claims of discrimination of ethnic Poles and the Polish American community.6 https://www.law.cornell.edu/wex/commerce_clause.___________________________________________________________________________________The NGOs that are to be consulted in designating "covered countries" should be explicitly named. As most of the potential claims will involve Polish properties, Polish-American NGOs shall be clearly identified for consultation, and Poland should be given full opportunity to be heard. Poland and the Polish Americans should give input and present their position regarding the issues involved before any decision to apply the Bills to Poland is made.THE BILLS ARE DUPLICATIVE OF ESLI STUDYThe US Secretary of State report required by the Bills would be duplicative of a comprehensive study published after the Bills were introduced. In accordance with the Terezin Declaration, in 2010 the Czech government established the European Shoah Legacy Institute (ESLI) in Terezin to monitor the progress and advocate for the principles of the Terezin Declaration.7 In fulfillment of its mission, ESLI commissioned in 2014 the Holocaust (Shoah) Immovable Property Restitution Study (the "Study"). Published on April 24, 2017,8 the Study is the comprehensive compilation of all significant legislation passed by the 47 states since 1945, dealing with the return or compensation of land and businesses confiscated or otherwise misappropriated during the Holocaust era. 9According to the Executive Summary of the Study, Jewish and non-Jewish claimants, heirs, governments, NGOs, and other stakeholders will now have a one-stop resource where all significant Holocaust restitution legislation and case law dealing with immovable property over the last 70 years has been compiled and analyzed.Therefore, any report pursuant to HR 1226 would substantially duplicate the ESLI's Study Report. The cost of a US Secretary of State report is estimated by the Congressional Budget Office to be less than $500,000. That money would be wasted because most of the work has already been done. Therefore, the Bills’ duplicative objectives represent waste of government money.7 See the ESLI website: http://shoahlegacy.org8 According to the World Jewish Restitution Organization website, the Holocaust (Shoah) Immovable Property Restitution Study was published on April 24, 2017.9 http://shoahlegacy.org/property-issues/immovable-property/immovable-property-study-2014-2017. Prof. Michael J. Bazyler and Lee Crawford-Boyd led the project, which brought together the research efforts of over 40 pro bono attorneys from major global law firms, including White & Case, O’Melveny & Myers, Morgan Lewis, Fried Frank, and Brownstein Hyatt Farber & Schreck. These pro bono attorneys, under the guidance of Firm directors and associates, completed research reports addressing the status of restitution legislation in an assigned Terezin Declaration country. In addition, the reports provide a preliminary analysis of the country’s compliance with its Terezin Declaration commitments. The Study is available in three versions: The first one is a 1200 page interactive PDF document that can be downloaded in full from this website; the second is an interactive map organized from which individual country reports can be downloaded; and the third is a hard-copy publication of the study through Oxford University Press, which we consider an enormous achievement confirming the high quality and standard of the study.________________________________________________________________________GENOCIDE DENIAL UNDERLINES THE PREMISE OF THE RECOMMENDATIONIt shall be noted that the Executive Summary of the Study states" "In the aftermath of the Holocaust, returning victims – not only surviving European Jews but also Roma, political dissidents, homosexuals, persons with disabilities, Jehovah’s Witnesses, and others – had to navigate a frequently unclear path to recover their property from governments and neighbors who had failed to protect them, and often, who had been complicit in their persecution."10The above statement is of great significance and real concern to the Polish Americans because it excludes from the definition of victims the second-largest group of WWII German genocide, i.e. ethnic Poles. These victims are either omitted all together or covered under "others." Such omission of this important ethnic group is not coincidental considering that almost half of all Holocaust (Shoah) restitution claims under the Terezin Declaration are against Poland.It shall be noted that Poland was the greatest victim of WWII in terms of the loss of human life and treasure. In 1939 Hitler declared: "The destruction of Poland shall be the primary objective. The aim is elimination of living forces, not the arrival at a certain line." About 3 million of ethnic Poles and 3 million of ethnic Jews perished in WWII. About 40% of Poland's national assets were destroyed. Most of the Polish industry and infrastructure had been lost. Warsaw and many other cities were leveled to the ground through wanton destruction and devastation.The marginalization of the Polish victims, diminishing of their suffering, and suppression of their voice by proponents of the Holocaust (Shoah) restitution claims is directed against the second most persecuted ethnic group by Nazi Germany. Such treatment of the Polish victims of German WWII genocide borders on genocide denial and is not only illegal but also morally repugnant, grossly unjust, and hence contradictory to the stated objectives of the Bills.Considering all the above, the Polish American community urges its congressional representatives to vote against H.R. 1226.Furthermore, it is the recommendation of the Polish American community that the Envoy for WWII Genocide on Ethnic Poles be established at the same administrative level as the Holocaust Envoy. Such Envoy on Polish Holocaust shall be consulted on any WWII restitution issues, whether against Poland or on behalf of Poland.-- Peter Myerswebsite: http://mailstar.net/index.html