740.00119 EAC/3–444

Memorandum by the United States Representative to the European Advisory Commission (Winant)27

E.A.C. (44) 11

Terms of Surrender for Germany

1. At the last meeting of the Commission on 18 February, Mr. Gousev suggested that discussions be commenced as to the form of the surrender document to be used in the case of Germany. In connection with this suggestion, the U.S. Delegation would like to propose a solution which, if agreed to, would serve to meet and reconcile the essential points put forward by the respective delegates in E.A.C. (44) 1,28 (44) 4,29 (44) 8,30 and (44) 9 (revise),31 and would constitute a satisfactory single recommendation which could be submitted by the Commission to the three Governments recommending approval.

2. It is recommended that the surrender of Germany be accomplished by:

  • An Instrument of Unconditional Surrender of Germany
  • A Proclamation to the people of Germany
  • Initial General Orders

3. It is proposed that the instrument of Unconditional Surrender should be brief but comprehensive in scope, and should be primarily but not exclusively military. The reasons are set forth in our supporting memorandum filed with the U.S. draft, (E.A.C. (44) 8). It should be executed by the Highest German Military Authority, and, if possible, by the Highest German Civil Authority. The completed Instrument should be published. The United States draft Instrument and Acknowledgment of Unconditional Surrender of Germany (E.A.C. (44) 8, Annex A) is recommended as a suitable instrument of unconditional surrender.

4. The Proclamation to the people of Germany should be issued by the Supreme Commanders of the Allied Expeditionary Forces and the Commander-in-Chief of the Armed Forces of the Union of Soviet Socialist Republics, and should contain a concise general announcement that the Instrument of Unconditional Surrender has been executed by the German authorities. The Proclamation should also call upon all Germans to comply with the provisions of the Proclamation and of the General Orders, and of all future proclamations, orders, [Page 194] ordinances, and instructions issued by authority of the Supreme Commanders of the Allies.

The Proclamation should be shown to the Germans before they sign the Instrument of Unconditional Surrender and should be published simultaneously with the Instrument.

5. As to the General Orders, there are three broad subjects into which the detailed terms of surrender divide themselves, and it may be convenient to discuss them as part of three General Orders, although a different number may be ultimately required.

General Order No. 1 should contain the military and naval terms.

General Order No. 2 should contain the political terms.

General Order No. 3 should contain the economic terms.

The three General Orders should be shown to the Germans before they sign the Instrument of Unconditional Surrender and should then be published throughout Germany simultaneously with the Instrument and the Proclamation.

6. The U.S. Delegation recommends that the Three Powers, U.S., U.K., and U.S.S.R., should agree in advance to the contents of the Instrument of Unconditional Surrender, the Proclamation, General Orders No. 1, 2, and 3, and such further directives as may be deemed necessary or advisable to implement the surrender terms.

J[ohn] G. W[inant]
  1. Copy transmitted to the Department by the Ambassador in the United Kingdom in his despatch 14271, March 4; received March 7.
  2. Memorandum dated January 15, p. 112.
  3. See footnote 40, p. 104.
  4. See footnote 98, p. 168.
  5. Memorandum dated February 18, p. 173.