Foreign Relations of the United States: Diplomatic Papers, 1944, General, Volume I

740.00119 EAC/12–144

Memorandum by the American Representative to the European Advisory Commission (Winant)⁷⁴

November 23, 1944

Draft Directive No. 4

Securing and Examining Information and Archives

E.A.C. (44) 33⁷⁵

1. This directive is issued to you as Commander-in-Chief of the U.S. (U.K.) (U.S.S.R.) forces of occupation. Identical directives are being issued simultaneously to the Commanders-in-Chief of the forces of occupation of the other two Allies. In this directive, the phrase “Control Council” refers to the three Allied Commanders-in-Chief acting jointly. The words “you” or “you in your zone” refer to each of the Commanders-in-Chief as zone commander and, where applicable, to the Inter-Allied Governing Authority (Komendatura) in the “Greater Berlin” area.

2. Reference is made to the pertinent provisions of the “Unconditional Surrender of Germany”^* and to the pertinent provisions of the General Order,^† You will enforce and implement in your zone of occupation the surrender terms and general orders as they relate to securing and examining information and archives, in accordance with the policies and instructions hereinafter set forth.

3. In this directive the word “archives” covers all records, books, documents, papers, files and other data belonging to the State or any agency of government in Germany, whether central, regional or local, or belonging to the Nazi Party or any of its auxiliary organs, or belonging to financial, industrial and commercial institutions and individuals engaged in foreign commercial or financial activities. The words “scientific and industrial information” cover all German or German controlled military and civil plans, drawings, models, records, formulae and other data and equipment relating directly or indirectly to scientific and industrial processes, research and developments.

4. Immediately upon surrender, you will, in your zone, seize or secure:

a. All archives located in all military establishments and all establishments of the Government and of the former Nazi Party and its auxiliary organs; and

b. All scientific and industrial information located in military or government establishments and in those private establishments which any of the three Allied Commanders-in-Chief may designate.

5. You also will seize or secure all other archives and scientific and industrial information wherever located within your zone which are desired by the agencies of your government or by the Control Council or which you consider should be seized or secured or which may be designated by accredited representatives of either of the other two Allied Commanders-in-Chief.

6. You will report to the Control Council the location and general nature of all archives and of all scientific and industrial information seized or secured by you.

7. You will permit any representative of either of the other two principal Allied Governments appointed therefor by the appropriate Allied Commander-in-Chief, or any representative of any of the several United Nations and Associated States authorized therefor by the Control Council, to have access to any archives and scientific and industrial information within your zone. You will furnish such accredited representatives with appropriate assistance in their examination of archives and scientific and industrial information.

8. In the examination of archives and scientific and industrial information for your own purposes or in permitting their examination by others, you will take all practicable precautions to prevent their dispersal or disorganisation or the disturbance of the manner of their filing and classification. You will not permit any archives or scientific and industrial information to be removed from your zone, unless such removal is approved by the Control Council.

9. You are authorised to require any person to furnish information relating to any archives or scientific and industrial information, and to require the German authorities to provide archivists and other specialist services for the preservation, storage, cataloguing or interpretation of any archives or scientific and industrial information.

10. You will coordinate your policy and procedures respecting the preservation, storage, cataloguing, treatment, examination and reproduction of archives and scientific and industrial information with those which may be established by the Control Council.

11. Further instructions on securing and examining information and archives relating to enemy equipment are contained in the directives on the disposal of enemy equipment, on the “Disposition of German or German Controlled Aircraft, Equipment and Facilities”, and on the “Disposition of German or German Controlled Naval Craft, Equipment and Facilities”.⁷⁶

12. In carrying out the provisions of this directive in your zone you will respect in every way bona fide diplomatic and consular archives and property belonging to enemy governments other than Germany and to the diplomatic and consular personnel of such governments, provided such archives and property are in the custody of the protecting power. You will safeguard such archives and property which are not in the custody of the protecting power, pending further instructions from the Control Council as to their disposition.

74. Transmitted to the Department by the Ambassador in the United Kingdom in his despatch 19592, December 1, 1944; received December 8.
75. Circulated by the American Representative to the European Advisory Commission on November 23, 1944.
76. Including Articles 5, 7(a) and 8. [Footnote in the original.]
77. Including new paragraph following 2; sub-paragraph 10(a); new subparagraph following 15(a); paragraph 37; new paragraph following 37; and paragraph 38. [Footnote in the original.]
76. Neither printed.