Report by the European Advisory
Report by the European Advisory Commission to the Governments of the United States of America, the Union of Soviet Socialist Republics and the United Kingdom and the Provisional Government of the French Republic.
- Pursuant to the Declaration regarding the Defeat of Germany and the Assumption of Supreme Authority with respect to Germany, signed at Berlin on 5th June, 1945,1 wherein it is stated, in Article 13 (b), that the Allied Representatives will impose on Germany [Page 1009] additional political, administrative, economic, financial, military and other requirements, the European Advisory Commission has, in accordance with its terms of reference, considered certain of the more urgent of these additional requirements. Accordingly, it submits herewith, for consideration and approval by the four Governments, an Agreement regarding certain Additional Requirements to be imposed upon Germany.
- It will be recalled that the Commission agreed in March 1944, when discussing the terms of surrender of Germany, that certain broad political and economic requirements should be imposed upon Germany at the time of, or shortly after, the surrender, in addition to the mainly military requirements to be contained in the Instrument or Declaration of Surrender. The most important military requirements were announced in the Declaration of 5th June, 1945. The Commission believes that the enclosed Agreement on Additional Requirements, representing the agreed views of the four Governments, will furnish guidance to the Allied Representatives regarding additional measures to be imposed on Germany. The Commission accordingly recommends that the Agreement on Additional Requirements, as soon as it is approved by the four Governments, be transmitted to the Allied Representatives in Berlin. The Commission recommends that the four Governments authorize the Allied Representatives to decide whether publication of this document shall be in whole or in part.
- The Commission has several comments to make with regard to
certain specific provisions in the Agreement on Additional
- The Commission recommends that in exercising control
over German research relating to war or the production of war material, as set forth
in sub-paragraph 13 (b), the
Allied Representatives should, when they consider
conditions in Germany appropriate, supplement this
provision by issuing the following order to the German
All research, experimentation, development or other study relative to war or the production of war material, whether in public or private establishments, factories, technological institutions, laboratories or elsewhere, is hereby abolished and forbidden in future.
- The Commission recommends that in giving effect to the provisions of sub-paragraph 15 (b) the Allied Representatives should also require the German authorities to hand over, for delivery to the Allied Government concerned, any drawings, plates and other special technical equipment utilized directly for the production of [Page 1010] monetary tokens for issue by Germany in territories formerly occupied by her or elsewhere.
- In connection with the provisions of sub-paragraph 16 (b) the Commission recommends that all property, assets, rights, titles and interests in Germany held for or belonging to any country, other than Germany and the countries referred to in sub-paragraph 16 (a), which has at any time since 1st September, 1939, been at war with any of the United Nations, be taken under the provisional control of the Allied Representatives and preserved, pending subsequent transfer to the countries of ownership under arrangements to be worked out with the appropriate Allied Control Commissions or organs in those countries.
- In connection with the execution of the provisions of
subparagraph 26 (a), the
Commission recommends to the four Governments approval
of the following understanding:
Vessels of the United Nations surrendered to the Allied Representatives in accordance with sub-paragraph 26 (a) will be returned by the Allied Representatives to the respective Allied States which own or owned, or whose nationals own or owned, such vessels. Nothing in this provision shall alter in any manner any existing agreements and procedures among any of the United Nations with respect to the pooling of the vessels surrendered by Germany under the provisions of sub-paragraph 26 (a).
- In connection with the execution of the provisions of paragraphs 14, 15, 16 and 19, the Commission invites the attention of the four Governments to the great importance of effecting as full and as prompt restitution as possible of the property which has been looted by the Germans from occupied Allied countries. It points out the urgency of providing the Allied Representatives in Germany with guidance concerning the principles and procedures which should govern the restitution of looted Allied property, in accordance with the Declaration made at London on 5th January, 1943 on Enemy Acts of Dispossession.2
- During the consultations which the European Advisory Commission has carried on, under instructions of the four Governments, with representatives of the European Allied Governments concerning the Declaration of 5th June, 1945, these Governments have expressed, both in writing and orally, their great interest in the additional requirements which are to be imposed upon Germany. In view of this concern, the Commission recommends that the four Governments instruct it to communicate the Agreement on Additional Requirements, upon its approval by the four Governments, to the interested Allied Governments. In so doing the Commission would point [Page 1011] out to the representatives of those Governments that these additional requirements do not purport to be complete and will be supplemented by specific orders and instructions to be issued by the Allied Representatives.
Representative of the Government of the Union of Soviet Socialist Republics on the European Advisory Commission:
Representative of the Government of the United Kingdom on the European Advisory Commission:
Representative of the Provisional Government of the French Republic on the European Advisory Commission:
25th July, 1945.
- Treaties and Other International Acts Series No. 1520; 60 Stat. (2) 1649.↩
- Text in Department of State Bulletin, vol. viii, p. 21.↩
- G. Saksin.↩
- Signed ad referendum on July 25, 1945, at a meeting of the European Advisory Commission at London. Notification of approval by three of the signatories was given by their representatives on the Commission on the following dates: the United Kingdom, August 2; the Soviet Union, September 4; and France, September 10, 1945. On September 8 Winant notified Campbell, Gusev, and Massigli “that the United States Government has approved the Agreement of July 25th on Certain Additional Requirements to be Imposed on Germany except for Article [paragraph] 38, which my Government believes is not appropriate for inclusion in a document directed to the Germans. In view of the fact that this subject relates exclusively to arrangements between the occupying Powers and the fact that the European Advisory Commission is no longer active, my Government considers that the Control Council in Berlin is now the proper place for negotiating the subject treated in Article 38.” Paragraph 38 was accordingly omitted from the text of the additional requirements approved by the Allied Control Council at Berlin on September 20, which text was issued as the Council’s proclamation No. 2 (reprinted in Department of State Bulletin, vol. xiii, p. 515).↩
- G. Saksin.↩