[Annex]
Memorandum by the United
Kingdom Delegation to the European
Advisory Commission
HIGH COMMISSION MACHINERY FOR GERMANY
(Note.—For the purpose of this Memorandum
the following definitions have been used:—
- Three Powers: United Kingdom, United States and
U.S.S.R.
- Allied: United Kingdom, United States, U.S.S.R., plus
those Allied countries, including the Dominions, directly
concerned with the European settlement.
- United Nations: All members of the United Nations.)
Introduction
1. In the paper on “Machinery in Germany during the Period of
Occupation” circulated to the European Advisory Commission on the
15th January, 1944 (E.A.C. (44) 3, paragraph 17(b)), it was recommended that a High Commission (consisting
initially of one representative each of the United Kingdom, United
States and U.S.S.R.) should be set up in Germany, and that it should
direct:—
- (a)
- The Forces of Occupation.
- (b)
- The Control Commission, charged with supervising the
execution of the terms of surrender imposed on
Germany.
- (c)
- The Agencies in Germany of the United Nations
Organisations for relief, repatriation, transport, &c.,
such as U.N.R.R.A.45
- (d)
- The Central Civil Administration, should it be decided (on
further examination) to keep this distinct from the Control
Commission.
As soon as conditions warranted, and at a time to be decided by the
Governments of the Three Powers, on the recommendations of the
Commanders-in-Chief, the High Commission would become the supreme
Allied authority in Germany.
2. In paragraph 17(a) of the above paper it
was also recommended that during the period before conditions would
enable the High Commission to operate fully:—
- (a)
- Each of the Allied Commanders-in-Chief would exercise
supreme authority in the area controlled by his own
forces.
- (b)
- The High Commission would co-ordinate policy on economic
and political matters by providing guidance to the
Commanders-in-Chief through the appropriate channels.
- (c)
- Control of the Central German Government (if any) or the
central German administrative machine would be exercised by
representatives of the Allied Commanders-in-Chief, sitting
together as a body.
During the earlier period the High Commission would thus act in an
advisory capacity only, and would have no executive authority.
3. In the present paper consideration is given to the functions of
the High Commission, and the organisation required to carry them out
when the High Commission becomes the supreme Allied authority in
Germany, that is to say, during the period of effective Allied
control described in section C, paragraphs 11–15, of E.A.C. (44) 3.
The “middle” period immediately after the cessation of hostilities,
described in section B, paragraph 10, of that paper, is not dealt
with here and is receiving separate consideration.
Relations of the High Commission with, and
Division of Functions Between, Its Subordinate Bodies
The High Commission.
4.—(a) The High Commission would be
responsible for tasks of considerable magnitude and diversity. In
order to act promptly and efficiently the High Commission itself
should be a small body concerned solely with the broad policy and
the general direction and control of the work of its subordinate
executive bodies, and it should not be overloaded with the detail
involved in day-to-day executive action.
(b) The High Commission should initially be
representative of the Three Powers only—subject to consideration of
the position of France—but other Allied Governments might with
advantage be connected with its work in some way, possibly on an
Advisory Council.
The nature and composition of such an Advisory Council is being
further studied.
The Forces of Occupation.
5. In regard to the functions of the forces of occupation and their
relations with the High Commission, it is not necessary to add
anything to what has already been said in E.A.C. (44) 3 (see
paragraphs 14 (a) and 15). The High
Commission would exercise control subject to the right of
Commanders-in-Chief:—
- (a)
- to appeal direct to their respective Governments,
and
- (b)
- to declare a state of martial law in any area in their
respective zones of occupation, should they consider this
necessary.
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Control Commission and Civil
Administration.
6. It was contemplated in paragraph 14 of E.A.C. (44) 3 that, under
the High Commission, there would be a Control Commission enforcing
the execution of terms imposed, and a Central Civil Administration;
but the question whether the latter was to be a separate body was
left for further consideration.
7. When the functions involved in Control and Administration are
analysed, it becomes clear that they have three main aspects:—
- (a)
- ensuring that the terms imposed on Germany are carried
out;
- (b)
- taking such measures as are necessary to encourage the
growth of fresh systems of government, education, economy,
&c., in accordance with the policy of the United
Nations;
- (c)
- controlling (in the light of (a)
and (b) above, and in such manner as
may be rendered necessary by the conditions in Germany at
the time) the day-to-day administration of Germany.
8. Whilst, as explained in paragraph 4 above, the High Commission
will be responsible for tasks of considerable magnitude and
diversity, the paramount aim to which all others should be
subordinated is the disarmament of Germany, disarmament including
the destruction of Germany’s capacity to wage war, the disbandment
of all German armed forces, the eradication of German militarism and
the prevention of their re-emergence.
The terms of surrender would themselves constitute a first step
towards the attainment of these objects. Their practical attainment
may, however, well necessitate wide control of the German
administrative machinery.
9. If therefore two separate bodies were set up to undertake the
respective tasks of (a) enforcing the
execution of the surrender terms and (b)
directing the Civil Administration, it would be extremely difficult
to draw a hard and fast line and to delimit precisely the functions
of each of the bodies or to ensure proper co-ordination between
them.
It would be best therefore to set up one body only, which would be
responsible not only for disarmament as defined above, but also for
controlling the German administrative system. This should provide a
stronger administrative machine.
10. One body accordingly should carry out the tasks which in
paragraph 14 of E.A.C. (44) 3 were referred to under the heads of
“Control Commission” and “Central Civil Administration.” This body
would comprise the whole organisation which it is proposed should
carry out the main functions of the High Commission. This machinery
of control would be headed by an Executive Committee of Control (see
paragraph 16 below), answerable to the High Commission. It would
follow that, if agreement could not be reached in the Executive
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Committee of Control, the
subject of dispute would be referred to the High Commission for
decision.
United Nations Agencies chained, in Germany, with
problems of Relief, Repatriation, Transport, &c.
11. These agencies would be part of larger organisations covering a
wide area, and would be administered and to some extent controlled
by their own parent organisations. At the same time, it would be
essential that their work in Germany should be co-ordinated, and for
them to act in consonance with the general policy of the other
Allied authorities. In E.A.C. (44) 3, it was recommended that they
should come directly under the control of the High Commission. It is
felt, however, that there might be difficulties in this proposal and
that the day-to-day contacts of these agencies should be with the
Executive Committee of Control and with the relevant Sections and
Sub-Commissions under it. These agencies should, however, have the
right of direct access to the High Commission, through the President
of the Executive Committee of Control.
Organisation under the High Commission
General principles on which the control machinery
should be organised.
12. The Executive Committee of Control cannot itself carry out the
terms imposed, and its purpose is to supervise their execution by
the Germans. For this reason it should be designed so far as
possible to conform functionally with existing German machinery.
It follows that the structure of the control machinery must
correspond fairly closely to the structure of the German
administrative machinery. Therefore, Sections of the control
machinery should correspond for the purpose of disarmament to the
German Naval, Military and Air authorities; likewise other Sections
should correspond to the Ministries of Armaments and War Production,
Economics, Food, Finance, Interior, Transport and so on.
13. The High Commission would act on behalf of the United
Nations.
In order to ensure uniformity in the work of control, it would be
desirable for control staffs to be “mixed” (i.e., representative of
the Three Powers) at the higher levels, and that other Allied
nationals should be associated with this work.
Administrative difficulties and shortage of interpreters and suitable
control personnel would, no doubt, make it impracticable to “mix”
staffs below a certain level. Although “mixing” is in general
desirable, the extent to which it may be found practicable in each
case will be a matter of detailed planning.
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Structure of Proposed Organisation.
14.—(a) Appendix “A”47 illustrates how the various
functions of German Ministries would be controlled by the proposed
control machinery.
Appendix “A” sets out—
In Column 1, existing German Ministries.
In Column 2, the proposed Section of the control machinery
which will control the functions of each Ministry in Column
1.
In Column 3, the functions which each Section will be
responsible for in the disarmament and control of
Germany.
Sections should be divided into Sub-Commissions as
required.
(b) Some of the functions of German Ministries
have been taken over by party organisations. For the purposes of
this paper, however, it is assumed that these party organisations
will be liquidated as soon as this can be done without serious
dislocation to the German administrative machine, and the usurped
functions returned to the Ministries originally concerned.
(c) Appendix “B”47 illustrates the whole proposed structure of
the High Commission machinery on the basis set out above.
(d) It is emphasised that Appendices “A” and
“B” set forth the general conception only, and that they will
require elaboration and possibly some adjustment at the stage of
detailed planning.
15.—(a) Each Section should have:—
- (i)
- its own Director;
- (ii)
- a Board and Secretariat. The Board should consist of the
following:—
- Director of the Section;
- Heads of the Sub-Commissions.
(b) The tasks of the Board would be to
co-ordinate the work of, and to resolve any difficulties arising
between, the Sub-Commissions.
(c) In view of the outstanding importance of
the work of the Naval, Land and Air Forces Sections and the
necessity for close co-operation between them, it would be desirable
to set up a Council to co-ordinate their work. It is suggested that
it should consist of the Directors of the three Sections and that
they should elect one of their members as Chairman at their
meetings.
Executive Committee of Control.
16. Though many questions of concern to two or more Sections may be
settled by direct consultation between their Directors, it will
obviously be necessary that the work of the various parts of the
control machinery shall be co-ordinated and directed by a governing
body.
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It is suggested that
this should take the form of an Executive Committee of Control
comprising representatives of the various Sections. The Executive
Committee of Control might be made up of the Directors of each
Section, as follows:—
- Naval Forces Section
- Land Forces Section
- Air Forces Section
- Economic Section
- Finance and Deliveries Section
- Political Section
- Manpower Section
- Transportation Section
- Internal Affairs Section,
making a total of 9 members. (Some multiple of three
would seem to be desirable for the purpose of allotting posts
between the Three Powers.)
The Executive Committee should elect its own Chairman. If the
Committee were unable to reach agreement on any matter, it would
refer it to the High Commission for decision. The Director of any
Section should have a right of appeal to the High Commission in any
matter on which he had been overruled in the Executive
Committee.
To assist the Executive Committee in its task a strong Secretariat
will be required.
17. In E.A.C. (44) 3 (see paragraph 16(b)), it
was proposed that the High Commission should have Political,
Economic and Administrative staffs. In the present proposals these
staffs appear as the Sections of the control machinery.
In the above paper it was also proposed (see paragraph 16 (c)) that the High Commission should have a
Military Staff to act as a link between the High Commission and the
Commanders-in-Chief. No alteration in this proposal is suggested in
the present paper.
