Foreign Relations of the United States, Diplomatic Papers, 1944, General, Volume I
740.00119 Control (Germany)/10–2844
The Secretary of State to the Chargé in the United Kingdom (Gallman)
The Secretary of State encloses for submission to the European Advisory Commission a U.S. draft paper on “Allied Control Machinery in Germany.” This paper is a redraft of the paper on “Principles of Allied Military Government in Germany,” prepared by the U.S. Advisers, European Advisory Commission.37
The Department of State has approved this redraft. The Joint Chiefs of Staff have given their approval in the manner indicated in the letter from Admiral Leahy to the Secretary of State under date of October 28, 1944. A copy of this communication is also enclosed.
[Page 375]The Joint Chiefs of Staff to the Secretary of State
My Dear Mr. Secretary: The Joint Chiefs of Staff have reviewed the United States draft paper on “Principles of Allied Military Government in Germany” prepared by the U.S. Advisers, European Advisory Commission. They have also examined the comments thereon, appended hereto, including a redraft of the paper which is re-titled “Allied Control Machinery in Germany” as prepared by the Working Security Committee.
In Article III, paragraph 2, of the redrafted paper, it is stated that “subject to agreed de-Nazification policies” German administrative machinery and German personnel shall be used for the routine administration of Germany to the extent deemed desirable by the occupation authorities.
It is understood that, with a view to expediting agreement on this paper in London, the Working Security Committee intentionally omitted a specific statement of these de-Nazification policies from this paper, preferring that such policies be stated in another directive.
In sub-paragraphs 8 a and b of Appendix “A” to the “Directive for Administration of Post-Defeat Military Government in Germany” (J.C.S. 1067),38 there is stated the policy in respect of the elimination of Nazis and Nazi influence from the German Government and administrative system. This is not only understood to reflect the views of the other Government agencies which passed upon J.C.S. 1067, but also accords with considerations of military security. Approval of the present paper, therefore, is given with the understanding that this policy is being transmitted to the United States Representative on the European Advisory Commission, and that it will be carried out through other appropriate directives.
With the above reservation, the Joint Chiefs of Staff from a military point of view, concur in the comments of the Working Security Committee, including its redraft of the paper, and in the proposal to transmit them to the United States Representative on the European Advisory Commission.
Sincerely yours,
Admiral, U.S. Navy
Chief of Staff to the Commander in Chief of the Army and Navy
Interdepartmental Working Security Committee Comments on U.S. Draft Paper on “Principles of Allied Military Government in Germany”
- 1.
- The draft paper on the subject of “Principles of Allied Military Government in Germany,” prepared by the Planning Committee, U.S. Advisers to Ambassador Winant, for submission to the European Advisory Commission, has been considered by the Interdepartmental Working Security Committee. The following comments have been prepared for transmittal to Ambassador Winant as the official U.S. views on the subject draft for his information and guidance.
- 2.
- The paper has been redrafted and a copy of the redraft, as approved by the Working Security Committee, is attached hereto as a Tab.
- 3.
- The paper, as redrafted, deals only with the mechanics and machinery of the military government in Germany, and the title has accordingly been changed to read “Allied Control Machinery in Germany.”
- 4.
- All references to the objectives of military government contained in the previous draft have been eliminated. Comments on those objectives are withheld for the present.
Redraft Prepared by Working Security Committee
Allied Control Machinery in Germany
I. Supreme Allied Authority
- 1.
- The United States, the United Kingdom and the Union of Soviet Socialist Republics shall possess supreme authority with respect to Germany. The Commanders in Chief of the forces of these three powers shall comprise the Supreme Allied Authority which shall direct a military government in Germany in accordance with the instructions of the three Governments. Decisions of the Supreme Allied Authority will be by unanimous action of the representatives of the three Powers.
- 2.
- Subject to the absolute power over Germany possessed by the United States, the United Kingdom and the Union of Soviet Socialist Republics, and subject to the Supreme Allied Authority’s supervision of those functions and activities maintained on a nation-wide basis, the administration of military government in each of the three zones of occupation shall be the sole responsibility of the Commanders in Chief of the forces occupying each zone.
II. The Control Council
- 1.
- The Supreme Allied Authority shall establish a Control Council composed of representatives in equal numbers from each of the three Allied Governments. The three commanding generals, or their representatives, shall serve in agreed upon rotation in the offices of president, vice-president and deputy president of the Control Council.
- 2.
- The functions of the Control Council shall be to
- a.
- Supervise those functions and activities maintained on a centralized and nation-wide basis.
- b.
- Coordinate the administration of military government throughout Germany, including detailed planning for the implementation of directives received from the three Governments.
- c.
- Consider matters of policy involving the whole of Germany, and
- d.
- Exercise direct control over the administration of Greater Berlin.
III. Administrative Machinery
- 1.
- For the performance of its assigned functions the Control Council shall establish administrative sections on which each of the three Governments will be represented and such sub-sections as are necessary to insure comprehensive and efficient controls.
- 2.
- To the extent deemed desirable by the occupation authorities, and subject to agreed de-Nazification policies, German administrative machinery and German personnel shall be used for the routine administration of Germany. The occupation authorities will decide whether the objectives of military government are better served by the appointment of officers of the occupation forces or by the use of the services of Germans who have been cleared by the security branches of the Allied armies.
- 3.
- The military government personnel in each zone, including those in regional and local branches of the departments of the central German administrative machinery, shall be selected by the commander-in-chief of that zone except that liaison officers of other nationality may be furnished by the commanders of the other two zones. The respective commander-in-chief shall have exclusive jurisdiction over the members of the armed forces under their command and over the civilians who accompany them throughout the whole of Germany. All directives, proclamations and orders pertaining to the administration of national zones shall be issued by the respective commander-in-chief in each zone.
- 4.
- The administration of each zone and of the regional and local branches of centrally directed German agencies shall be such as to insure that all policies formulated by the Supreme Allied Authority will be uniformly put into effect throughout Germany.
IV. Participation of Other United Nations and Associated States
The Supreme Allied Authority shall make such arrangements as it shall deem necessary for representation in Berlin and access to the Control Council of other United Nations and associated states.