740.00119 EAC/7–2844: Telegram
The Ambassador in the United Kingdom (Winant) to the Secretary of State
[Received July 28—12:43 p.m.]
5998. Comea 73. European Advisory Commission met yesterday Thursday.6 Entire session devoted to consideration of the protocol [Page 262] on Germany. Three subjects were discussed, which are listed hereunder in order of importance.
First subject: The Soviet Delegation insists that the time has now arrived for a statement to appear in the protocol as to the specific countries which will occupy the northwest and the southwest zones of Germany. The Soviets state that, in view of the fact that the Instrument of Surrender has been forwarded to the three Governments, it is essential that the two protocols should follow at the earliest practicable date. However, the Soviets argue that sufficient time has elapsed to permit a decision on this question and that their Government do not want to pass on a paper in which blanks appear.
I feel that unless a decision is made we will be deadlocked on this issue in the German protocol. Until these two protocols are agreed to, there is no indication that the Soviets will be willing to proceed on other matters. Discussion of control machinery, proclamations and general orders, and United Nations prisoners of war is critically urgent, but further progress is at a standstill until the decision on the zones of occupation is reached by the United States and United Kingdom Governments. This matter is beyond the power of adjudication by the three representatives of the European Advisory Commission.
Second subject: Numerous complications are involved in trying to properly describe the three zones into which Germany is to be divided, and the three parts into which Greater Berlin is to be divided. These difficulties result from numerous changes of German boundary laws in 1938, 1939, 1940, 1941, and 1944. The descriptive matter, as it now appears in the current draft of the protocol, cannot be reconciled with the boundaries as of December 31, 1937, which were drawn in ink on the five maps received here from the State Department on July 25.7 A subcommittee has been appointed to present a solution of this matter to the Commission.
Third subject: The Soviet Delegation conceded to the British Delegation its acceptance of the term “auxiliary contingents” as set forth in paragraph 4 of the current draft protocol. This is a worthwhile concession since it has been a cause of extended argument. However, the Soviet concession is contingent upon the agreement by all three powers not to use auxiliary contingent forces either in the occupation or in the control of Austria. Soviets also insist that any auxiliary contingents which occupy Germany alongside of forces of the three powers will not be permitted to prejudge participation in the control machinery of Germany. On this latter point the British agree.
Next meeting is scheduled for Monday July 31.