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 have reached the
following agreement regarding instructions to be issued by the
Allied Representatives in Germany:
“We, the Allied Representatives, Commanders-in-Chief of the
forces of occupation of the United States of America, the
Union of
[Page 1012]
Soviet
Socialist Republics, the United Kingdom and the French
Republic, pursuant to the Declaration regarding the defeat
of Germany, signed at Berlin on 5th June, 1945, hereby
announce certain additional requirements arising from the
complete defeat and unconditional surrender of Germany with
which Germany must comply, as follows:—
section i.
1. All German land, naval and air forces, the S. S., S.
A., S. D. and
Gestapo, with all their organizations, staffs and
institutions, including the General Staff, the Officers’
Corps, Reserve Corps, military schools, war veterans’ organizations and
all other military and quasi-military organizations,
together with all clubs and associations which serve to keep
alive the military tradition in Germany, shall be completely
and finally abolished in accordance with methods and
procedures to be laid down by the Allied
Representatives.
2. All forms of military training, military propaganda and
military activities of whatever nature, on the part of the
German people, are prohibited, as well as the formation of
any organization initiated to further any aspect of military
training and the formation of war veterans’ organizations or other groups
which might develop military characteristics or which are
designed to carry on the German military tradition, whether
such organizations or groups purport to be political,
educational, religious, social, athletic or recreational or
of any other nature.
section ii.
3. (a) German authorities and
officials in all territories outside the frontiers of
Germany as they existed on 31st December, 1937, and in any
areas within those frontiers indicated at any time by the
Allied Representatives, will comply with such instructions
as to withdrawing therefrom as they may receive from the
Allied Representatives.
(b) The German authorities will issue
the necessary instructions and will make the necessary
arrangements for the reception and maintenance in Germany of
all German civilian inhabitants of the territories or areas
concerned, whose evacuation may be ordered by the Allied
Representatives.
(c) Withdrawals and evacuations under
sub-paragraphs (a) and (b) above will take place at such
times and under such conditions as the Allied
Representatives may direct.
4. In the territories and areas referred to in paragraph 3
above, there shall immediately be, on the part of all forces
under German command and of German authorities and
civilians, a complete cessation of all measures of coercion
or forced labour and of all measures involving injury to
life or limb. There shall similarly cease all
[Page 1013]
measures of
requisitioning, seizure, removal, concealment or destruction
of property. In particular, the withdrawals and evacuations
mentioned in paragraph 3 above will be carried out without
damage to or removal of persons or property not affected by
the orders of the Allied Representatives. The Allied
Representatives will determine what personal property and
effects may be taken by persons evacuated under paragraph 3
above.
section iii.
5. The Allied Representatives will regulate all matters
affecting Germany’s relations with other countries. No
foreign obligations, undertakings or commitments of any kind
will be assumed or entered into by or on behalf of German
authorities or nationals without the sanction of the Allied
Representatives.
6. The Allied Representatives will give directions concerning
the abrogation, bringing into force, revival or application
of any treaty, convention or other international agreement,
or any part or provision thereof, to which Germany is or has
been a party.
7. (a) In virtue of the unconditional
surrender of Germany, and as of the date of such surrender,
the diplomatic, consular, commercial and other relations of
the German State with other States have ceased to exist.
(b) Diplomatic, consular, commercial
and other officials and members of service missions in
Germany of countries at war
with any of the four Powers will be dealt with as the Allied
Representatives may prescribe. The Allied Representatives
may require the withdrawal from Germany of neutral
diplomatic, consular, commercial and other officials and
members of neutral service missions.
(c) All German diplomatic, consular,
commercial and other officials and members of German service
missions abroad are hereby recalled. The control and
disposal of the buildings, property and archives of all
German diplomatic and other agencies abroad will be
prescribed by the Allied Representatives.
8. (a) German nationals will, pending
further instructions, be prevented from leaving German
territory except as authorised or directed by the Allied
Representatives.
(b) German authorities and nationals
will comply with any directions issued by the Allied
Representatives for the recall of German nationals resident
abroad, and for the reception in Germany of any persons whom
the Allied Representatives may designate.
9. The German authorities and people will take all
appropriate steps to ensure the safety, maintenance and
welfare of persons not of German nationality and of their
property and the property of foreign States.
[Page 1014]
section iv.
10. The German authorities will place at the disposal of the
Allied Representatives the whole of the German
inter-communication system (including all military and
civilian postal and telecommunication systems and facilities
and connected matters), and will comply with any
instructions given by the Allied Representatives for placing
such inter-communication systems under the complete control
of the Allied Representatives. The German authorities will
comply with any instructions give[n] by the Allied
Representatives with a view to the establishment by the
Allied Representatives of such censorship and control of
postal and telecommunication [sic]
and of documents and other articles carried by persons or
otherwise conveyed and of all other forms of
inter-communication as the Allied Representatives may think
fit.
11. The German authorities will comply with all directions
which the Allied Representatives may give regarding the use,
control and censorship of all media for influencing
expression and opinion, including broadcasting, press and
publications, advertising, films and public performances,
entertainments and exhibitions of all kinds.
section v.
12. The Allied Representatives will exercise such control as
they deem necessary over all or any part or aspect of German
finance, agriculture (including forestry), production and
mining, public utilities, industry, trade, distribution and
economy generally, internal and external, and over all
related or ancillary matters, including the direction or
prohibition of the manufacture, production, construction,
treatment, use and disposal of any buildings,
establishments, installations, public or private works,
plant, equipment, products, materials, stocks or resources.
Detailed statements of the subjects to which the present
provision applies, together with the requirements of the
Allied Representatives in regard thereto, will from time to
time be communicated to the German authorities.
13. (a) The manufacture, production
and construction, and the acquisition from outside Germany,
of war material and of such
other products used in connection with such manufacture,
production or construction, as the Allied Representatives
may specify, and the import, export and transit thereof, are
prohibited, except as directed by the Allied
Representatives.
(b) The German authorities will
immediately place at the disposal of the Allied
Representatives all research, experiment, development and
design directly or indirectly relating to war or the production of
[Page 1015]
war material,
whether in government or private establishments, factories,
technological institutions or elsewhere.
14. (a) The property, assets, rights,
titles and interests (whether situated inside or outside
Germany) of the German State, its political subdivisions,
the German Central Bank, State or semi-State, provincial,
municipal or local authorities or Nazi organisations, and
those situated outside Germany of any person resident or
carrying on business in Germany, will not be disposed of in
any way whatever without the sanction of the Allied
Representatives. The property, assets, rights, titles and
interests (whether situated inside or outside Germany), of
such private companies, corporations, trusts, cartels,
firms, partnerships and associations as may be designated by
the Allied Representatives will not be disposed of in any
way whatever without the sanction of the Allied
Representatives.
(b) The German authorities will
furnish full information about the property, assets, rights,
titles and interests referred to in sub-paragraph (a) above, and will comply with such
directions as the Allied Representatives may give as to
their transfer and disposal. Without prejudice to any
further demands which may be made in this connection, the
German authorities will hold at the disposal of the Allied
Representatives for delivery to them at such times and
places as they may direct all securities, certificates,
deeds or other documents of title held by any of the
institutions or bodies mentioned in subparagraph (a) above or by any person subject to
German law, and relating to property, assets, rights, titles
and interests situated in the territories of the United
Nations, including any shares, stocks, debentures or other
obligations of any company incorporated in accordance with
the laws of any of the United Nations.
(c) Property, assets, rights, titles
and interests situated inside Germany will not be removed
outside Germany or be transferred or disposed of to any
person resident or carrying on business outside Germany
without the sanction of the Allied Representatives.
(d) Nothing in sub-paragraphs (a) and (b)
above shall, as regards property, assets, rights, titles and
interests situated inside Germany, be deemed to prevent
sales or transfers to persons resident in Germany for the
purpose of maintaining or carrying on the day-to-day
national life, economy and administration, subject to the
provisions of sub-paragraph 19 (b)
and (c) below and to the provisions
of the Declaration or of any proclamations, orders,
ordinances or instructions issued thereunder.
15. (a) The German authorities and all
persons in Germany will hand over to the Allied
Representatives all gold and silver, in coin or bullion
form, and all platinum in bullion form, situated in Germany,
and all such coin and bullion situated outside Germany as is
[Page 1016]
possessed by
or held on behalf of any of the institutions or bodies
mentioned in sub-paragraph 14 (a)
above or any person resident or carrying on business in
Germany.
(b) The German authorities and all
persons in Germany will hand over in full to the Allied
Representatives all foreign notes and coins in the
possession of any German authority, or of any corporation,
association or individual resident or carrying on business
in Germany, and all monetary tokens issued or prepared for
issue by Germany in the territories formerly occupied by her
or elsewhere.
16. (a) All property, assets, rights,
titles and interests in Germany held for or belonging to any
country against which any of the United Nations is carrying
on hostilities, or held for or belonging to the nationals of
any such country, or of any persons resident or carrying on
business therein, will be taken under control and will be
preserved pending further instructions.
(b) All property, assets, rights,
titles and interests in Germany held for or belonging to
private individuals, private enterprises and companies of
those countries, other than Germany and the countries
referred to in sub-paragraph (a)
above, which have at any time since 1st September, 1939,
been at war with any of the
United Nations, will be taken under control and will be
preserved pending further instructions.
(c) The German authorities will take
all necessary steps to ensure the execution of the
provisions of sub-paragraph (a) and
(b) above, will comply with any
instructions given by the Allied Representatives for that
purpose, and will afford all necessary information and
facilities in connection therewith.
17. (a) There shall, on the part of
the German authorities and people, be no concealment,
destruction, scuttling or dismantling of, removal or
transfer of, nor damage to, ships, transport, ports or
harbours, nor to any form of building, establishment,
installation, device, means of production, supply,
distribution or communication, plant, equipment, currency,
stocks or resources, or, in general, public or private
works, utilities or facilities of any kind, wherever
situated.
(b) There shall be no destruction,
removal, concealment, suppression or alteration of any
documents, records, patents, drawings, specifications, plans
or information, of any nature, affected by the provisions of
this document. They shall be kept intact in their present
locations until further directions are given. The German
authorities will afford all information and facilities as
required by the Allied Representatives in connection
therewith.
(c) Any measures already ordered,
undertaken or began [sic] contrary to
the provisions of sub-paragraphs (a)
and (b) above will be immediately
countermanded or discontinued. All stocks, equipment,
[Page 1017]
plant, records,
patents, documents, drawings, specifications, plans or other
material already concealed within or outside Germany will
forthwith be declared, and will be dealt with as the Allied
Representatives may direct.
(d) Subject to the provisions of the
Declaration or any proclamations, orders, ordinances or
instructions issued thereunder, the German authorities and
people will be responsible for the preservation,
safeguarding and upkeep of all forms of property and
materials affected by any of the said provisions.
(e) All transport material, stores,
equipment, plant, establishments, installations, devices and
property generally, which are liable to be surrendered or
delivered under the Declaration or any proclamations,
orders, ordinances or instructions issued thereunder, will
be handed over intact and in good condition, or subject only
to ordinary wear and tear and to any damage caused during
the continuance of hostilities which it has proved
impossible to make good.
18. There shall be no financial, commercial or other
intercourse with, or dealings with or for the benefit of,
countries at war with any of
the United Nations, or territories occupied by such
countries, or with any other country or person specified by
the Allied Representatives.
section vi.
19. (a) The German authorities will
carry out, for the benefit of the United Nations, such
measures of restitution, reinstatement, restoration,
reparation, reconstruction, relief and rehabilitation as the
Allied Representatives may prescribe. For these purposes the
German authorities will effect or procure the surrender or
transfer of such property, assets, rights, titles and
interests, effect such deliveries and carry out such repair,
building and construction work, whether in Germany or
elsewhere, and will provide such transport, plant, equipment
and materials of all kinds, labour, personnel, and
specialist and other services, for use in Germany or
elsewhere, as the Allied Representatives may direct.
(b) The German authorities will also
comply with all such directions as the Allied
Representatives may give relating to property, assets,
rights, titles and interests located in Germany belonging to
any one of the United Nations or its nationals or having so
belonged at, or at any time since, the outbreak of war between Germany and that
Nation, or since the occupation of any part of its
territories by Germany. The German authorities will be
responsible for safeguarding, maintaining, and preventing
the dissipation of, all such property, assets, rights,
titles and interests, and for handing them over intact at
the demand of the Allied Representatives. For these
[Page 1018]
purposes the
German authorities will afford all information and
facilities required for tracing any property, assets,
rights, titles or interests.
(c) All persons in Germany in whose
possession such property, assets, rights, titles and
interests may be shall be personally responsible for
reporting them and safeguarding them until they are handed
over in such manner as may be prescribed.
20. The German authorities will supply free of cost such
German currency as the Allied Representatives may require,
and will withdraw and redeem in German currency, within such
time limits and on such terms as the Allied Representatives
may specify, all holdings in German territory of currencies
issued by the Allied Representatives during military
operations or occupation, and will hand over the currencies
so withdrawn free of cost to the Allied Representatives.
21. The German authorities will comply with all such
directions as may be issued by the Allied Representatives
for defraying the costs of the provisioning, maintenance,
pay, accomodation [sic] and transport
of the forces and agencies stationed in Germany by authority
of the Allied Representatives, the costs of executing the
requirements of unconditional surrender, and payment for any
relief in whatever form it may be provided by the United
Nations.
22. The Allied Representatives will take and make
unrestricted use (whether inside or outside Germany) of any
articles referred to in paragraph 12 above which the Allied
Representatives may require in connection with the conduct
of hostilities against any country with which any of their
respective Governments is at war.
section vii.
23. (a) No merchant ship, including
fishing or other craft, shall put to sea from any German
port except as may be sanctioned or directed by the Allied
Representatives. German ships in ports outside Germany shall
remain in port and those at sea shall proceed to the nearest
German or United Nations port and there remain, pending
instructions from the Allied Representatives.
(b) All German merchant shipping,
including tonnage under construction or repair, will be made
available to the Allied Representatives for such use and on
such terms as they may prescribe.
(c) Foreign merchant shipping in
German service or under German control will likewise be made
available to the Allied Representatives for such use and on
such terms as they may prescribe. In the case of such
foreign merchant vessels which are of neutral registration,
the German authorities will take all such steps as may be
required by the Allied Representatives to transfer or cause
to be transferred to the Allied Representatives all rights
relative thereto.
(d) All transfer to any other flag,
service or control, or the vessels
[Page 1019]
covered by sub-paragraphs (b) and (c)
above, is prohibited, except as may be directed by the
Allied Representatives.
24. Any existing options to repurchase or reacquire or to
resume control of vessels sold or otherwise transferred or
chartered by Germany during the war will be exercised as directed by the Allied
Representatives. Such vessels will be made available for use
by the Allied Representatives in the same manner as the
vessels covered by subparagraphs 23 (b) and (c) above.
25. (a) The crews of all German
merchant vessels or merchant vessels in German service or
under German control will remain on board and will be
maintained by the German authorities pending further
instructions from the Allied Representatives regarding their
future employment.
(b) Cargoes on board any such vessels
will be disposed of in accordance with instructions given to
the German authorities by the Allied Representatives.
26. (a) Merchant ships, including
fishing and other craft of the United Nations (or of any
country which has broken off diplomatic relations with
Germany) which are in German hands, wherever such ships may
be, will be surrendered to the Allied Representatives,
regardless of whether title has been transferred as the
result of prize court proceedings or otherwise. All such
ships will be surrendered in good repair and in seaworthy
condition in ports and at times to be specified by the
Allied Representatives, for disposal as directed by
them.
(b) The German authorities will take
all such steps as may be directed by the Allied
Representatives to effect or complete transfers of title to
such ships regardless of whether the title has been
transferred as the result of prize court proceedings or
otherwise. They will secure the discontinuance of any
arrests of or proceedings against such ships in neutral
ports.
27. The German authorities will comply with any instructions
given by the Allied Representatives for the destruction,
dispersal, salvaging, reclamation or raising of wrecked,
stranded, derelict or sunken vessels, wherever they may be
situated. Such vessels salvaged, reclaimed or raised shall
be dealt with as the Allied Representatives direct.
28. The German authorities will place at the unrestricted
disposal of the Allied Representatives the entire German
shipping, shipbuilding and ship repair industries, and all
matter and facilities directly or indirectly relative or
ancillary thereto, and will provide the requisite labour and
specialist services. The requirements of the Allied
Representatives will be specified in instructions which will
from time to time be communicated to the German
authorities.
[Page 1020]
section viii.
29. The German authorities will place at the unrestricted
disposal of the Allied Representatives the whole of the
German inland transport system (road, rail, air and
waterways) and all connected material, plant and equipment,
and all repair, construction, labour, servicing and running
facilities, in accordance with the instructions issued by
the Allied Representatives.
30. The production in Germany and the possession, maintenance
or operation by Germans of any aircraft of any kind, or any
parts thereof, are prohibited.
31. All German rights in international transport bodies or
organisations, and in relation to the use of transport and
the movement of traffic in other countries and the use in
Germany of the transport of other countries, will be
exercised in accordance with the directions of the Allied
Representatives.
32. All facilities for the generation, transmission and
distribution of power, including establishments for the
manufacture and repair of such facilities, will be placed
under the complete control of the Allied Representatives, to
be used for such purposes as they may designate.
section ix.
33. The German authorities will comply with all such
directions as the Allied Representatives may give for the
regulation of movements of population and for controlling
travel or removal on the part of persons in Germany.
34. No person may leave or enter Germany without a permit
issued by the Allied Representatives or on their
authority.
35. The German authorities will comply with all such
directions as the Allied Representatives may give for the
repatriation of persons not of German nationality in or
passing through Germany, their property and effects, and for
facilitating the movements of refugees and displaced
persons.
section x.
36. The German authorities will furnish any information and
documents, and will secure the attendance of any witnesses,
required by the Allied Representatives for the trial of
- (a)
- the principal Nazi leaders as specified by the
Allied Representatives and all persons from time to
time named or designated by rank, office or
employment by the Allied Representatives as being
suspected of having committed, ordered or abetted
war crimes or
analogous offences;
- (b)
- any national of any of the United Nations who is
alleged to have committed an offence against his
national law and who may at any
[Page 1021]
time be named or
designated by rank, office or employment by the
Allied Representative [sic];
and will give all aid and assistance for
these purposes.
37. The German authorities will comply with any directions
given by the Allied Representatives in regard to the
property of any person referred to in sub-paragraphs 36 (a) and (b)
above, such as its seizure, custody or surrender.
38. Any person referred to in sub-paragraph 36 (b) above who may be apprehended or
surrendered to the Allied Representatives will be handed
over immediately, on demand, to the Government of the United
Nation concerned.
section xi.
39. The National Socialist German Workers’ Party (NSDAP) is completely and
finally abolished and declared to be illegal.
40. The German authorities will comply promptly with such
directions as the Allied Representatives may issue for the
abolition of the National Socialist Party and of its
subordinate organizations, affiliated associations and
supervised organizations, and of all Nazi public
institutions created as instruments of Nazi domination, and
of such other organizations as may be regarded as a threat
to the security of the Allied forces or to international
peace, and for prohibiting their revival in any form; for
the dismissal and internment of Nazi personnel; for the
control or seizure of Nazi property and funds; and for the
suppression of Nazi ideology and teaching.
41. The German authorities and German nationals will not
allow the existence of any secret organizations.
42. The German authorities will comply with such directions
as the Allied Representatives may issue for the repeal of
Nazi legislation and for the reform of German law and of the
German legal, judicial, administrative, police and
educational systems, including the replacement of their
personnel.
43. (a) The German authorities will
comply with such directions as the Allied Representatives
may issue for the rescinding of German legislation involving
discrimination on grounds of race, colour, creed, language
or political opinions, and for the cancellation of all legal
or other disabilities resulting therefrom.
(b) The German authorities will comply
with such directions as the Allied Representatives may issue
regarding the property, assets, rights, titles and interests
of persons affected by legislation involving discrimination
on grounds of race, colour, creed, language or political
opinions.
44. No person shall be prosecuted or molested by the German
authorities or by German nationals on grounds of race,
colour, creed,
[Page 1022]
language or political opinions, or on account of any
dealings or sympathies with the United Nations, including
the performance of any action calculated to facilitate the
execution of the Declaration or of any proclamations,
orders, ordinances or instructions issued thereunder.
45. In any proceedings before any German Court or authority
judicial notice shall be taken of the provisions of the
Declaration and of all proclamations, orders, ordinances and
instructions issued thereunder, which shall override any
provisions of German law inconsistent therewith.
section xii.
46. Without prejudice to any specific obligations contained
in the provisions of the Declaration or any proclamations,
orders, ordinances or instructions issued thereunder, the
German authorities and any other person in a position to do
so will furnish or cause to be furnished all such
information and documents of every kind, public and private,
as the Allied Representatives may require.
47. The German authorities will likewise produce for
interrogation and employment by the Allied Representatives
upon demand any and all persons whose knowledge and
experience would be useful to the Allied
Representatives.
48. The Allied Representatives will have access at all times
to any building, installation, establishment, property or
area, and any of the contents thereof, for the purposes of
the Declaration or any proclamations, orders, ordinances or
instructions issued thereunder, and in particular for the
purposes of safeguarding, inspecting, copying or obtaining
any of the desired documents and information. The German
authorities will give all necessary facilities and
assistance for this purpose, including the service of all
specialist staff, including archivists.
section xiii.
49. In the event of any doubt as to the meaning or
interpretation of any term or expression in the Declaration
and in any proclamations, orders, ordinances and
instructions issued thereunder, the decision of the Allied
Representatives shall be final.”
The above text of the Agreement between 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 on certain Additional Requirements to be
imposed
[Page 1023]
on Germany
has been prepared and unanimously adopted by the European
Advisory Commission at a meeting held on 25th July, 1945.