740.00119 E.A.C./7–844: Telegram

The Ambassador in the United Kingdom ( Winant ) to the Secretary of State

5412. Comea 68. I am grateful for your sending Mosely93 and his presence here will, I feel, be most useful in tying in more closely our work with that of the Department on EAC matters. I thought you might be interested in a statement of our program of work and in certain suggestions we have to offer regarding the type of material it would be helpful for us to have from our authorities in Washington.

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As soon as I can get clearance from the Russians and the British for the submission to the Governments of the draft surrender terms for Germany and the protocols on Germany and Austria, I intend to press for consideration by the Commission of control machinery for Germany (see Comea 6594). As you know, we and the British have submitted papers and the Russians have promised to present their material. For possible use in the Commission with a view to obtaining preliminary agreement, we have drawn up a set of general principles on control machinery based on our paper (Department’s instruction 3784, February 26); an early draft of which was brought by General Wickersham.

As regards the draft proclamations and general orders designed to give immediate implementation to the surrender instrument, we have prepared a set of such proclamations and orders, taking into account in a general way the subjects covered in the British 70-paragraph document, in accordance with the agreement made with the British whereby they consented to the short form of surrender instrument. This set has been given to both the British and the Russians and Strang has informally expressed himself as satisfied with our proclamations and orders and has indicated that there are no important points of difference between our texts and the British. I have suggested an early meeting between the drafting experts of the three delegations and the Russians have informed me that they are studying the documentation with this in view.

As regards directives, the Department will have observed from the transmitting despatches that the British have circulated to the Commission some 15 detailed drafts on a variety of subjects.95 We have not had any indication of the Department’s reaction to the British drafts. In the meantime, a planning committee set up by my [Page 243] advisers is preparing a few preliminary drafts, which under present plans would be transmitted for comment. We hope that while the Commission is working toward agreement on control machinery, the Russians will also be willing to discuss the directives.

Although the British plan to take up their draft directives in the Commission, we feel that they are too detailed, technical and legalistic and are not suitable to the working out of joint policy on broad lines at the Commission level, at which the Russians will probably insist that they be discussed. I believe strongly that we will make far more rapid progress if the papers which we present to the Commission set forth the basic policy decisions which must be worked out jointly by the delegates, leaving the technical and administrative details to be elaborated by their advisers.

What we would like would be brief policy directives of one or two pages outlining the broad objectives which we would want to see adopted on each subject. To be most useful, these policy directives should have received appropriate clearance in order that they may be presented to the Commission as the policy of our Government. It would also be useful to continue to receive all available background and supporting memoranda for our information and guidance.

I append a tentative list of subjects on which we would like to receive policy directives if the above plan is found acceptable: Control and operation of civil aviation; disposition of naval vessels, armaments and facilities; control of industrial potential for war; evacuation of civil authorities and personnel to 1937 Germany, control of information services, including radio broadcasting; control and disposition of police; use of German officials in administration; review of judicial personnel; abrogation and replacement of Nazi laws; disposition of Nazi organizations; disposition of political prisoners; disposition of foreign nationals found in Germany; control of political activities; relations of Germany with neutrals and with states at war with the United Nations; supervision of education; operation of rationing system; control of wages and employment; disposition of clearing accounts; disposition of central planning board; relation of reichsmark to foreign currencies; control of foreign-owned property in Germany; control and disposition of German-owned property abroad. We may augment this list from time to time and we hope the Department will make further suggestions. Earliest possible receipt of policy directives will greatly facilitate the next stage of the Commission’s work.

Winant
  1. Philip E. Mosely, Chief of the Division of Territorial Studies, on detail as Political Adviser to Ambassador Winant.
  2. Telegram 5205, July 1, p. 237.
  3. According to a memorandum by the Secretariat of the United States delegation dated July 8, the following draft directives had been received from the British as of July 2: 1. Prisoners of war and civilians under restraint; 2. Control of inland transport; 3. Exercise of German rights in international transport bodies; 4. Control of broadcasting in Germany; 5. Prevention of German nationals from leaving German territory; 6. Recall of German (and Austrian) nationals resident abroad; 7. Finance and property in Germany (excluding Austria); 8. Displaced persons in Germany of other than German nationality; 9. General directives for Germany and Austria; 10. Comprehensive directive of shipping and associated matters; 11. Relations of Germany and countries at war with any of the United Nations; 12. Neutral missions in Germany and communication with German missions to neutral countries; 13. Discharge and disbandment of the German armed forces; 14. German police; 15. Employment or non-employment of German forces for the preservation of law and order and for guard duties; 16. Withdrawal of German forces, authorities, officials and civilian inhabitants from territories outside the German frontiers of 1937. (Lot 52 M 64, Box 9600, Folder British Draft Directives—134.2)