Memorandum by the United Kingdom Representative to the European Advisory Commission (Strang)64
Draft General Directives for Germany and Austria in the Post-Surrender Period
I circulate for consideration by the European Advisory Commission the annexed draft general directive for Germany in the post-surrender period (Annex I) and draft general directive for Austria in the post-surrender period (Annex II).
- In paragraph 10 (a) of the memorandum circulated to the Commission on January 15th (E.A.C. (44) 1) I explained the conception of the United Kingdom Delegation in regard to the issue of directives for the guidance of the Allied Commanders in applying the Terms of Surrender in Germany. I observed that some of the surrender provisions would necessarily be expressed in general terms. An essential complement to the Terms of Surrender would therefore be a series of directives to be issued to the Allied Commanders containing particular instructions as to the manner in which such provisions should be fulfilled. I expressed the view that many of these directives would have to be ready well before the cessation of hostilities as they would necessarily cover a wide field in which immediate action by the Commanders [Page 225] would be essential. Action under these directives would be taken by the Commanders by way of orders and instructions issued in virtue of general powers conferred upon them by the Instrument of Surrender. I suggested therefore that it was desirable that attention should be given as soon as possible to the elaboration of such directives.
- The general scheme which the United Kingdom Delegation have in
mind is therefore as follows:—
- The basic document will be the Instrument of Surrender to be signed by the Germans and by the Allied Representatives.
- In virtue of Article 12 (b) of the Instrument of Surrender the Allied Representatives will issue proclamations, orders, ordinances or instructions for the purpose of giving effect to the provisions of the Instrument and for laying down additional requirements in the political, administrative, economic, financial, military and other fields. The United Kingdom Delegation have agreed to the present general form of the draft Instrument of Surrender on the understanding that an initial series of orders which, taken together with the Instrument itself, will cover broadly speaking the same ground as the United Kingdom draft (E.A.C. (44) 1), will be issued by the Allied Representatives immediately or very shortly after the signature of the Instrument; and on the understanding that drafts of these orders will be prepared by the Commission and recommended to the three Governments in the same way as the draft Instrument itself. The United Kingdom Delegation are at present at work upon such drafts.
- The Commission will also prepare and recommend to the three Governments draft directives designed to assist the Allied Representatives in applying the Instrument of Surrender and the initial orders mentioned in (b) above.
- It is possible that the Commission may also find it desirable to prepare and recommend to the three Governments drafts of the more important orders to be issued by the Allied Representatives in virtue of the directives referred to in (c) above.
- I have already sent to my colleagues the drafts of several such directives, for the consideration of their Delegations. I propose to circulate these drafts to the Commission in due course.
- The two draft directives annexed to the present paper are of a general and fundamental character and are intended, as stated in paragraph 1 of each of them, to govern the action of the Allied Representatives in relation to general matters not covered by particular directives.
- I therefore circulate these two drafts to the Commission in the hope that the Commission will be able to take them into early consideration. They should be read in conjunction with the draft directives to the Supreme Commander, Allied Expeditionary Force in respect of Military Government in Germany for the pre-surrender period, circulated to the Commission by the United States and United Kingdom Representatives on 15th May (E.A.C. (44) 18).