740.00119 EAC/7–1744
The Ambassador in the United Kingdom (Winant) to the Secretary of State
No. 16892
London, July 17,
1944.
[Received July 24.]
Sir: I have the honor to transmit herewith copy of
a draft directive on German records and archives, which has been received
from the British Delegation and which is designed to give effect to
pertinent provisions of the draft instrument of surrender for Germany.
[Page 1490]
The British Delegation intend to circulate this proposed directive to the
European Advisory Commission in due course, and have requested that it be
given consideration by the United States Delegation. Sir William Strang
suggests that the proposal for a central record office made in paragraph 5
of the draft directive should be considered in connection with the proposals
for control machinery in Germany which will be studied by the Commission.
Any comment upon this proposed directive which the Department is prepared to
offer will be appreciated.
Respectfully yours,
For the Ambassador:
E. Allan Lightner, Jr.
Secretary to the U.S. Delegation
[Enclosure]
British Draft Directive on German Records and
Archives50
- 1.
- This directive does not apply to archives of an archaeological,
artistic, etc., nature on which a separate directive will be issued
to you.51
- 2.
- Immediately after Germany surrenders, you will issue an ordinance
making it an offence punishable in military courts for any person in
Germany wilfully to destroy, remove or conceal records and archives
of any nature, whether central, regional or local, and whether of
the State or the Nazi Party or belonging to any corporation,
association, firm, person or ecclesiastical body. You will not refer
in this ordinance to any particular document or classes of
documents, since to do so might draw attention to your intention to
secure them, and increase the prospect of their being destroyed or
concealed.
- 3.
- You may at any time require the German authority or individual who
may be in a position to do so to give you any help you may need
[Page 1491]
in connection with the
discovery, seizure, custody, preservation, disposal or study of
German records and archives.
- The directive was approved by the War Cabinet, Official Committee
on Armistice Terms and Civil Administration on July 10, 1944;
A.C.A.O./P(44)82 (Revise).
- 4.
- You will so far as possible arrange for the preservation from
destruction or concealment of all German records and archives.
Priority lists of those over which you should take immediate steps
to get control as soon as you enter Germany are being supplied to
you separately. With regard to those not included in these lists,
you will be guided by the directives relating to the various matters
to which these records and archives refer and will take appropriate
measures to preserve those which are needed for the fulfilment of
your directives on these matters.
- 5.
- It is probable that a central record office will be established on
a tripartite basis in Berlin or some other central place to
supervise the custody of records and archives as a whole, including
those not immediately required for purposes of administration,
demilitarisation, etc., and to ensure that all duly authorised
persons can obtain access to records, or copies of them, which they
may need in order to carry out their tasks. Its duties will include:
- (a)
- ensuring that all necessary steps are taken for the
preservation and safe custody of records and archives of all
kinds;
- (b)
- co-ordinating and approving applications by Allied
agencies and their representatives to study or consult
German records and archives not in their immediate custody,
and seeing that they are, as far as possible, given access
to the documents they require;
- (c)
- assuming direct responsibility for the preservation and
safe custody of the records and archives of State or Party
offices which are dissolved or cease to exist;
- (d)
- making arrangements for copying or photographing records
and archives as may be required;
- (e)
- preventing damage to the value of records and archives by
their dispersal;
- (f)
- assembling the information needed for compiling the
reports referred to in paragraph 8 below.
- 6.
- Whether or not a central record office is established, you will
ensure that all records and archives in the area under your control
are properly preserved pending further instructions.
- 7.
- Subject to further instructions you will forbid the removal from
Germany of any original records or archives. Authorised copies or
photographs may be removed.
- 8.
- You will report from time to time what archives and records you
have secured, and what their condition is. You will also report any
destruction, removal or concealment of archives and records carried
out by the Germans.
