740.00119 EAC/1–444

Memorandum by the Adviser on Political Relations (Dunn)11

Jurisdiction of European Advisory Commission

There has arisen some confusion in the minds of the British, particularly, as to the jurisdiction of the European Advisory Commission. It is quite clear to this Government, and it would seem, also to the Soviet Government, that with certain exceptions the task of the European Advisory Commission is to draw up and recommend to the three Governments the terms and conditions to be imposed upon Germany and the enemy countries in Europe at the time of their surrender, and to recommend the form of control machinery which should be put into effect for the purpose of executing such terms and conditions. In carrying on this work, the American Commissioner, Ambassador Winant, will have military and naval advisers, and the State Department has assigned to him two political assistants. We expect that Ambassador Winant will be cabling the Department of State from time to time, as the discussions develop in the Commission, for our information and for instructions as to the policies to be followed in drawing up these terms. The State Department will undertake to clear all the correspondence with Ambassador Winant with the War and Navy Departments and the Joint Chiefs of Staff.
As specific exceptions to this field of jurisdiction, the European Advisory Commission has had referred to it by the Conference at Moscow two papers—
“Civil Affairs for France” which was agreed to between the British and American Governments under date of October 6;12 and
A statement proposed by the British Government on the part to be played by the refugee governments in the liberated areas when the military operations take place in those countries.13
With regard to (a), there would appear to be no necessity of more than clearing this document with the Soviet Government, and this should be done as quickly as possible in order that the document may be submitted to the Combined Chiefs of Staff for transmission in the form of a directive to the Supreme Allied Commander in connection with his planning for the operations in France. As to (b), the Secretary has already given Mr. Winant instructions on the subject to the effect that the American Government has never approved the [Page 5] British proposed statement in the form in which it was presented at Moscow and referred to the European Advisory Commission.
It is the general conception on the part of the United States Government that the European Advisory Commission should deal with problems beginning with the surrender of the enemy in Europe and the post-hostilities period, and should not discuss matters relating to the military period up to the time of the surrender of Germany and her satellites.
James Clement Dunn
  1. Copy obtained from the files of the American Delegation to the European Advisory Commission, Lot 52 M 64, “305—Terms of Reference”.
  2. See footnote 5, p. 1.
  3. See footnote 6, p. 1.