740.00119 EAC/142: Telegram

The Acting Secretary of State to the Ambassador in the United Kingdom ( Winant )9

1395. Eacom 6. Certain modifications of the “Instrument and Acknowledgment of Unconditional Surrender of Germany” transmitted by Department’s instruction no. 3735 of February 12 have been approved. Please incorporate the following changes in the document and notify the Commission accordingly:

In paragraph II after the words “United Nations” insert “and those associated with them”.

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In paragraph III after the words “German High Command” insert “and German Government”.

In paragraph IV after the words “German High Command” insert “and German Government will immediately order the compliance”.

The revised wording of paragraph V is as follows:

“All of the resources and facilities of Germany and of the German people wherever located, including all rights, powers and privileges of any and all character whatsoever are hereby placed undamaged free of all claims at the disposal of the Supreme Commander of the Allied Expeditionary Forces and the Commander-in-Chief of the Armed Forces of the Union of Soviet Socialist Republics, and the Governments of the United States, the United Kingdom and the Union of Soviet Socialist Republics, acting in the interests of the United Nations”.

In paragraph VII after the words “all of the United Nations” insert “and those associated with them”.

In paragraph VIII after the words “United Nations” insert “and those associated with them”; after the words “and German nationals” insert “and persons deprived of German citizenship”.

The revised text of paragraph XI is as follows:

“The Supreme Commander of the Allied Expeditionary Forces and the Commander-in-Chief of the Armed Forces of the Union of Soviet Socialist Republics, or the Governments of the United States, the United Kingdom, and the Union of Soviet Socialist Republics, shall have full freedom of action, if German obligations hereunder are not promptly and completely fulfilled. In such event, said Commanders-in-Chief and their respective governments will take whatever action may be deemed by them to be appropriate under the circumstances”.

Stettinius
  1. The changes set forth in this telegram were incorporated in a revised version of the document “Terms of Surrender for Germany” circulated in the European Advisory Commission as an annex to a memorandum by the United States Representative, numbered E.A.C. (44) 12, dated March 6, copy of which was transmitted to the Department in despatch 14297, March 7, from London; received March 14.