List 59 senatoròw

Dear Mr. Prime Minister,
 
First, we offer our congratulations to you on your appointment as Prime Minister of the Republic of Poland and to the Polish people on the 100^th anniversary of Poland regaining its independence.  The United States and Poland have a long and deep relationship stemming from the American Revolutionary War and continuing through our NATO partnership today. It is in this spirit—coupled with the recognition of the tremendous contributions made by Polish-Americans—that we are writing to express concern about legislation regarding Holocaust Era property restitution that has been proposed by the Polish Ministry of Justice. This draft legislation would adversely affect Holocaust victims and their heirs and is therefore of urgent importance to many of our constituents, millions of Americans, and Holocaust survivors around the world.
 
Poland suffered greatly during the Second World War and its aftermath. According to the U.S. Holocaust Memorial Museum, it is estimated that the Nazis killed at least 1.9 million non-Jewish Polish civilians during the Second World War and at least three million Polish Jews—approximately half of the Jewish victims of the Holocaust. This proud, culturally-rich, and long-standing community was utterly decimated by the murderous Nazi regime. Sadly, Jewish victims of Nazi crimes, including many American citizens, have found it difficult to secure compensation for, or the return of, property that was seized by the Nazis and subsequently nationalized by the Communists. Members of the U.S. Senate on both sides of the aisle stand united in seeking justice for victims of the Holocaust and their descendants.
 
In 2009, Poland, along with the United States, Israel, and 45 other countries, affirmed the Terezin Declaration on Holocaust Era Assets and Related Issues. Among other guidelines, the Declaration urges participating states to pass national legislation that facilitates restitution “in a fair, comprehensive and nondiscriminatory manner.” We have been disappointed that Poland remains the only major European country that has not passed a national, comprehensive law for the restitution of, or compensation for, private property, but remain hopeful this will soon happen.
 
The draft legislation, published on October 20, would eliminate the possibility of the return of actual property, provide only limited compensation, prevent compensation for ownership of companies that were destroyed, and bar claims by foreign citizens who did not benefit from eligible postwar treaties, including the one between Poland and the United States.
 
We believe that the draft falls short of the standards set forth in the Terezin Declaration and—if passed without amendment—would be a failure of justice. We are deeply concerned that the bill, in its current form, would discriminate against virtually all American survivors and heirs on the basis that they are not currently citizens of Poland and that they were not residents of Poland when their property was nationalized. The current draft law would also exclude individuals who are not "first-line heirs" of Nazi victims or survivors. This provision would disproportionately impact Jewish victims and their families. As a result of the Nazi attempt to exterminate world Jewry, most European Jewish families were completely destroyed, including 90% of Poland’s Jewish community. Therefore, the remaining Jewish heirs are often non-linear — such as nieces, nephews, and cousins. The one-year window for filing claims will be particularly difficult for foreign claimants as the draft legislation does not yet provide for a simple application process or easy access to archives.
 
As strong supporters of the critical and mutually beneficial U.S.-Polish relationship, we believe our alliance is rooted in our shared democratic ideals, including a respect for the rule of law and its ability to ensure justice for victims. We urge you to work with the Polish Parliament to pass fair and just restitution legislation that would both fully realize the goals of the Terezin Declaration and further strengthen the bond between our countries.
 
Sincerely,