L/T Files

No. 1383
Protocol of the Proceedings of the Berlin Conference

There is attached hereto the agreed protocol of the Berlin Conference.

И. Ctajлиh2
Harry S Truman3
C. R. Attlee4
[Attachment]
Protocol of the Proceedings of the Berlin Conference

The Berlin Conference of the Three Heads of Government of the U. S. S. R., U. S. A., and U. K., which took place from July 17 to August 1,5 1945, came to the following conclusions:

i. establishment of a council of foreign ministers.

6The Conference reached the following agreement for the establishment of a Council of Foreign Ministers to do the necessary preparatory work for the peace settlements:

“(1) There shall be established a Council composed of the Foreign

[Page [Document 1]] [Page [Document 2]] [Page 1479]

Ministers of the United Kingdom, the Union of Soviet Socialist Republics, China, France and the United States.

(2) (i) The Council shall normally meet in London, which shall be the permanent seat of the joint Secretariat which the Council will form. Each of the Foreign Ministers will be accompanied by a high-ranking Deputy, duly authorized to carry on the work of the Council in the absence of his Foreign Minister, and by a small staff of technical advi[s]ers.

(ii) The first meeting of the Council shall be held in London not later than September 1st 1945. Meetings may be held by common agreement in other capitals as may be agreed from time to time.

(3) (i) As its immediate important task, the Council shall be authorized to draw up, with a view to their submission to the United Nations, treaties of peace with Italy, Rumania, Bulgaria, Hungary and Finland, and to propose settlements of territorial questions outstanding on the termination of the war in Europe. The Council shall be utilized for the preparation of a peace settlement for Germany to be accepted by the Government of Germany when a government adequate for the purpose is established.

(ii) For the discharge of each of these tasks the Council will be composed of the Members representing those States which were signatory to the terms of surrender imposed upon the enemy State concerned. For the purposes of the peace settlement for Italy, France shall be regarded as a signatory to the terms of surrender for Italy. Other Members will be invited to participate when matters directly concerning them are under discussion.

(iii) Other matters may from time to time be referred to the Council by agreement between the Member Governments.

(4) (i) Whenever the Council is considering a question of direct interest to a State not represented thereon, such State should be invited to send representatives to participate in the discussion and study of that question.

(ii) The Council may adapt its procedure to the particular problem7 under consideration. In some cases it may hold its own preliminary discussions prior to the participation of other interested States. In other cases, the Council may convoke a formal conference of the State[s] chiefly interested in seeking a solution of the particular problem.”

8It was agreed that the three Governments should each address an identical invitation to the Governments of China and France to adopt this text and to join in establishing the Council. The text of the approved invitation was as follows:

Council of Foreign Ministers.

Draft for identical invitation to be sent separately by each of the Three Governments to the Governments of China and France.

“The Governments of the United Kingdom, the United States and the U. S. S. R. consider it necessary to begin without delay the essential preparatory work upon the peace settlements in Europe. [Page 1480]To this end they are agreed that there should be established a Council of the Foreign Ministers of the Five Great Powers to prepare treaties of peace with the European enemy States, for submission to the United Nations. The Council would also be empowered to propose settlements of outstanding territorial questions in Europe and to consider such other matters as member Governments might agree to refer to it.

The text adopted by the Three Governments is as follows:

(Here insert final agreed text of the Proposal).

In agreement with the Governments of the United States and U. S. S. R., His Majesty’s Government in the United Kingdom and U. S. S. R., the United States Government, the United Kingdom and the Soviet Government extend a cordial invitation to the Government of China (France) to adopt the text quoted above and to join in setting up the Council.9 His Majesty’s Government, The United States Government, The Soviet Government attach much importance to the participation of the Chinese Government (French Government) in the proposed arrangements and they hope to receive an early and favorable reply to this invitation.”

10 It was understood that the establishment of the Council of Foreign Ministers for the specific purposes named in the text would be without prejudice to the agreement of the Crimea Conference11 that there should be periodical consultation between the Foreign Secretaries of the United States, the Union of Soviet Socialist Republics and the United Kingdom.

12 The Conference also considered the position of the European Advisory Commission in the light of the Agreement to establish the Council of Foreign Ministers. It was noted with satisfaction that the Commission had ably discharged its principal tasks by the recommendations that it had furnished for the terms of surrender for Germany,12a for the zones of occupation in Germany and Austria and for the inter-Allied control machinery in those countries.13 It was felt that further work of a detailed character for the coordination of Allied policy for the control of Germany and Austria would in future fall within the competence of the Allied Control Commission14 at Berlin and the Allied Commission at Vienna. Accordingly the Conference [Page 1481]agreed to recommend to the Member Governments of the European Advisory Commission that the Commission might now be dissolved.15

ii. the principles to govern the treatment of germany in the initial control period15a

A. Political Principles.

1.
In accordance with the Agreement on Control Machinery in Germany,16 supreme authority in Germany is exercised, on instructions from their respective Governments, by the Commanders-in-Chief of the armed forces of the United States of America, the United Kingdom, the Union of Soviet Socialist Republics, and the French Republic, each in his own zone of occupation, and also jointly, in matters affecting Germany as a whole, in their capacity as members of the Control Council.
2.
So far as is practicable, there shall be uniformity of treatment of the German population throughout Germany.
3.
The purposes of the occupation of Germany by which the Control Council shall be guided are:
(1)17
The complete disarmament and demilitarization of Germany and the elimination or control of all German industry that could be used for military production. To these ends:—
(a)
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-military18 organizations, together with all clubs and associations which serve to keep alive the military tradition in Germany, shall be completely and finally abolished in such manner as permanently to prevent the revival or reorganization of German militarism and Nazism;
(b)
All arms, ammunition and implements of war and all specialized facilities for their production shall be held at the disposal of the Allies or destroyed. The maintenance and production of all aircraft and all arms, ammunition and implements of war shall be prevented.
(ii)
To convince the German people that they have suffered a total military defeat and that they cannot escape responsibility for what they have brought upon themselves, since their own ruthless warfare and the fanatical Nazi resistance have destroyed German economy and made chaos and suffering inevitable.
(iii)
To destroy the National Socialist Party and its affiliated and supervised organizations, to dissolve all Nazi institutions, to ensure that they are not revived in any form, and to prevent all Nazi and militarist activity or propaganda.
(iv)
To prepare for the eventual reconstruction of German political life on a democratic basis and for eventual peaceful cooperation in international life by Germany.
4.
All Nazi laws which provided the basis of the Hitler regime or established discrimination19 on grounds of race, creed, or political opinion shall be abolished. No such discriminations, whether legal, administrative or otherwise, shall be tolerated.
5.
War criminals and those who have participated in planning or carrying out Nazi enterprises involving or resulting in atrocities or war crimes shall be arrested and brought to judgment. Nazi leaders, influential Nazi supporters and high officials of Nazi organizations and institutions and any other persons dangerous to the occupation or its objectives shall be arrested and interned.
6.
All members of the Nazi Party who have been more than nominal participants in its activities and all other persons hostile to Allied purposes shall be removed from public and semi-public office, and from positions of responsibility in important private undertakings. Such persons shall be replaced by persons who, by their political and moral qualities, are deemed capable of assisting in developing genuine democratic institutions in Germany.
7.
German education shall be so controlled as completely to eliminate Nazi and militarist doctrines and to make possible the successful development of democratic ideas.
8.
The judicial system will be reorganized in accordance with the principles of democracy, of justice under law, and of equal rights for all citizens without distinction of race, nationality or religion.
9.
The administration of affairs20 in Germany should be directed towards the decentralization of the political structure and the development of local responsibility.20a To this end:—
(i)
local self-government shall be restored throughout Germany on democratic principles and in particular through elective councils as rapidly as is consistent with military security and the purposes of military occupation;
(ii)
all democratic political parties with rights of assembly and of public discussion shall be allowed and encouraged throughout Germany;
(iii)
representative and elective principles shall be introduced into regional, provincial and state (Land) administration as rapidly as may be justified by the successful application of these principles in local self-government;
(iv)
for the time being, no central German Government shall be established. Notwithstanding this, however, certain essential central German administrative departments, headed by State Secretaries, shall be established, particularly in the fields of finance, transport, communications, foreign trade and industry. Such departments will act under the direction of the Control Council.
10.
Subject to the necessity for maintaining military security, freedom of speech, press and religion shall be permitted, and religious institutions shall be respected. Subject likewise to the maintenance of military security, the formation of free trade unions shall be permitted.

21Economic Principles

11.22
In order to eliminate Germany’s war potential, the production of arms, ammunition and implements of war as well as all types of aircraft and sea-going ships shall be prohibited and prevented. Production of metals, chemicals, machinery and other items that are directly necessary to a war economy shall be rigidly controlled and restricted to Germany’s approved post-war peacetime needs to meet the objectives stated in Paragraph 15.23 Productive capacity not needed for permitted production shall be removed in accordance with the reparations plan recommended by the Allied Commission on Reparations and approved by the Governments concerned or if not removed shall be destroyed.
12.
At the earliest practicable date, the German economy shall be decentralized for the purpose of eliminating the present excessive concentration of economic power as exemplified in particular by cartels, syndicates, trusts and other monopolistic arrangements. Notwithstanding this, however, and for the purpose of achieving the objectives set forth herein, certain forms of central administrative [Page 1484]machinery, particularly in the fields of Finance, Transportation and Communications, shall be maintained or restored.24
13.
In organizing the German Economy, primary emphasis shall be given to the development of agriculture and peaceful domestic industries.
14.
During the period of occupation Germany shall be treated as a single economic unit. To this end common policies shall be established in regard to:
(a)
mining and industrial production and25 allocation;
(b)
agriculture, forestry and fishing;
(c)
wages, prices and rationing;
(d)
import and export programs for Germany as a whole;
(e)
currency and banking, central taxation and customs;
(f)
reparation and removal of industrial war potential;
(g)
transportation and communications.
In applying these policies account shall be taken, where appropriate, of varying local conditions.
15.
Allied controls shall be imposed upon the German economy but only to the extent necessary:
(a)
to carry out programs of industrial disarmament and26 demilitarization, of reparations, and of approved exports and imports.
(b)
to assure the production and maintenance of goods and services required to meet the needs of the occupying forces and displaced persons in Germany and essential to maintain in Germany average living standards not exceeding the average of the standards of living of European countries. (European countries means all European countries excluding U. K. and27 U. S. S. R.)
(c)
to ensure in the manner determined by the Control Council the equitable distribution of essential commodities between the several zones so as to produce a balanced economy throughout Germany and reduce the need for imports.
(d)
to control German industry and all economic and financial international transactions, including exports and imports, with the aim of preventing Germany from developing a war potential and of achieving the other objectives named herein.
(e)
to control all German public or private scientific bodies, research and experimental institutions, laboratories, et cetera, connected with economic activities.
16.
In the imposition and maintenance of economic controls established by the Control Council, German administrative machinery shall be created and the German authorities shall be required to the [Page 1485]fullest extent practicable to proclaim and assume administration of such controls. Thus it should be brought home to the German people that the responsibility for the administration of such controls and any breakdown in these controls will rest with themselves. Any German controls which may run counter to the objectives of occupation will be prohibited.
17.
Measures shall be promptly taken:
(a)
to effect essential repair of transport;
(b)
to enlarge coal production;
(c)
to maximize agricultural28 output; and
(d)
to effect emergency repair of housing and essential utilities.
18.
Appropriate steps shall be taken by the Control Council to exercise control and the power of disposition over German owned external assets not already under the control of United Nations which have taken part in the war against Germany.
19.
Payment of Reparations should leave enough resources to enable the German people to subsist without external assistance. In working out the economic balance of Germany the necessary means must be provided to pay for imports approved by the Control Council in Germany. The proceeds of exports from current production and stocks shall be available in the first place for payment for such imports.
The above clause will not apply to the equipment and products referred to in paragraphs 4 (a) and 4 (b) of the Reparations Agreement.29

iii. german separation30

1.
Reparation claims of31 U. S. S. R. shall be met by removals from the zone of Germany occupied by the U. S. S. R., and from appropriate German external assets.
2.
The U. S. S. R. undertakes to settle the reparation claims of Poland from its own share of reparations.
3.
The reparations32 claims of the United States, the United Kingdom and other countries entitled to reparations shall be met from the Western Zones and from appropriate German external assets.
4.
In addition to the reparations to be taken by the U. S. S. R. from its own zone of occupation, the U. S. S. R. shall receive additionally from the Western Zones:
(a)
15 per cent of such usable and complete industrial capital equipment, in the first place from the metallurgical, chemical and [Page 1486]machine manufacturing industries as is unnecessary for the German peace economy and should be removed from the Western Zones of Germany, in exchange for an equivalent value of food, coal, potash, zinc, timber, clay products, petroleum products, and such other commodities as may be agreed upon.
(b)
10 per cent of such industrial capital equipment as is unnecessary for the German peace economy and should be removed from the Western Zones, to be transferred to the Soviet Government on reparations account without payment or exchange of any kind in return.
Removals of equipment as provided in (a) and (b) above shall be made simultaneously.
5.
The amount of equipment to be removed from the Western Zones on account of reparations must be determined within six months from now at the latest.
6.
Removals of industrial capital equipment shall begin as soon as possible and shall be completed within two years from the determination specified in paragraph 5. The delivery of products covered by 4 (a) above shall begin as soon as possible and shall be made by the U. S. S. R. in agreed installments within five years of the date hereof.32a The determination of the amount and character of the industrial capital equipment unnecessary for the German peace economy and therefore available for reparation shall be made by the Control Council under policies fixed by the Allied Commission on Reparations,33 with the participation of France, subject to the final approval of the Zone Commander in the Zone from which the equipment is to be removed.
7.
Prior to the fixing of the total amount of equipment subject to removal, advance deliveries shall be made in respect to34 such equipment as will be determined to be eligible for delivery in accordance with the procedure set forth in the last sentence of paragraph 6.
8.
The Soviet Government renounces all claims35 to shares of German enterprises which are located in the Western Zones of Germany as well as to German foreign assets in all countries except those specified in paragraph 9 below.
9.
The Governments of the U. K. and U. S. A. renounce their claims36 to shares of German enterprises which are located in the Eastern Zone [Page 1487]of occupation in Germany, as well as to German foreign assets in Bulgaria, Finland, Hungary, Rumania and Eastern Austria.
10.
The Soviet Government makes no claims to gold captured by the Allied troops in Germany.

iv. disposal of the german navy and merchant marine.

A.37

The following principles for the distribution of the German Navy were agreed:

(1)
The total strength of the German surface navy, excluding ships sunk and those taken over from Allied Nations, but including ships under construction or repair, shall be divided equally among the U. S. S. R., U. K., and U. S.38
(2)
Ships under construction or repair mean those ships whose construction or repair may be completed within three to six months, according to the type of ship. Whether such ships under construction or repair shall be completed or repaired shall be determined by the technical commission appointed by the Three Powers and referred to below, subject to the principle that their completion or repair must be achieved within the time limits above provided, without any increase of skilled employment in the German shipyards and without permitting the reopening of any German ship building or connected industries. Completion date means the date when a ship is able to go out on its first trip, or, under peacetime standards, would refer to the customary date of delivery by shipyard to the Government.
(3)
The larger part of the German submarine fleet shall be sunk. Not more than thirty submarines shall be preserved and divided equally between the U. S. S. R., U. K. and U. S.38 for experimental and technical purposes.
(4)
All stocks of armament, ammunition and supplies of the German Navy appertaining to the vessels transferred pursuant to paragraphs (1) and (3) hereof shall be handed over to the respective powers receiving such ships.
(5)
The Three Governments agree to constitute a tripartite naval commission comprising two representatives for each Government, accompanied by the requisite staff, to submit agreed recommendations to the Three Governments for the allocation of specific German warships and to handle other detailed matters arising out of the agreement between the Three Governments regarding the German fleet. The Commission will hold its first meeting not later than 15th August, 1945, in Berlin, which shall be its headquarters. Each Delegation on the Commission will have the right on the basis of reciprocity to inspect German warships wherever they may be located.
(6)
The Three Governments agreed that transfers, including those of ships under construction and repair, shall be completed as soon as [Page 1488]possible, but not later than 15th February, 1946. The Commission will submit fortnightly reports, including proposals for the progressive allocation of the vessels when agreed by the Commission.

B.39

The following principles for the distribution of the German Merchant Marine were agreed:—

(1)
The German Merchant Marine, surrendered to the Three Powers and wherever located, shall be divided equally among the U. S. S. R., the U. K., and the U. S.40 The actual transfers of the ships to the respective countries shall take place as soon as practicable after the end of the war against Japan. The United Kingdom and the United States will provide out of their shares of the surrendered German merchant ships appropriate amounts for other Allied States whose merchant marines have suffered heavy losses in the common cause against Germany, except that the Soviet Union shall provide out of its share for Poland.
(2)
The allocation, manning, and operation of these ships during the Japanese War period shall fall under the cognizance and authority of the Combined Shipping Adjustment Board and the United Maritime Authority.41
(3)
While actual transfer of the ships shall be delayed until after the end of the war with Japan, a Tripartite Shipping Commission shall inventory and value all available ships and recommend a specific distribution in accordance with paragraph (1).
(4)
German inland and coastal ships determined to be necessary to the maintenance of the basic German peace economy by the Allied Control Council of Germany shall not be included in the shipping pool thus divided among the Three Powers.
(5)
The Three Governments agree to constitute a tripartite merchant marine commission comprising two representatives for each Government, accompanied by the requisite staff, to submit agreed recommendations to the Three Governments for the allocation of specific German merchant ships and to handle other detailed matters arising out of the agreement between the Three Governments regarding the German merchant ships. The Commission will hold its first meeting not later than September 1st, 1945, in Berlin, which shall be its headquarters. Each delegation on the Commission will have the right on the basis of reciprocity to inspect the German merchant ships wherever they may be located.

[Page 1489]

vi42

city of koenigsberg and the adjacent area

The Conference examined a proposal by the Soviet Government to the effect that pending the final determination of territorial questions at the peace settlement, the section of the western frontier of the Union of Soviet Socialist Republics which is adjacent to the Baltic Sea should pass from a point on the eastern shore of the Bay of Danzig to the east, north of Braunsberg–Goldap, to the meeting point of the frontiers of Lithuania, the Polish Republic and East Prussia.

The Conference has agreed in principle to the proposal of the Soviet Government concerning the ultimate transfer42a to the Soviet Union of the City of Koenigsberg and the area adjacent to it as described above subject to expert43 examination of the actual frontier.

The President of the United States and the British Prime Minister have declared that they will support the proposal of the Conference at the forthcoming peace settlement.

vii44

war crimes45

The Three Governments have taken note of the discussions which have been proceeding in recent weeks in London46 between British, United States, Soviet and French representatives with a view to reaching agreement on the methods of trial of those major war criminals whose crimes under the Moscow Declaration of October, 194347 have no particular geographical localisation. The Three Governments reaffirm their intention to bring these criminals to swift and sure justice. They hope that the negotiations in London will result in speedy agreement being reached for this purpose, and they regard it [Page 1490]as a matter of great importance that the trial of these major criminals should begin at the earliest possible date. The first list of defendants will be published before 1st September.48

viii.49

austria

The Conference examined a proposal by the Soviet Government on the extension of the authority of the Austrian Provisional Government to all of Austria.

The three Governments agreed that they were prepared to examine this question after the entry of the British and American forces into the city of Vienna.

It was agreed that reparations should not be exacted from Austria.

ix.50

poland

A. Declaration50a

We have taken note with pleasure of the agreement reached among representative Poles from Poland and abroad which has made possible the formation, in accordance with the decisions reached at the Crimea Conference,51 of a Polish Provisional Government of National Unity recognised by the Three Powers. The establishment by the British and United States Governments of diplomatic relations with the Polish Provisional Government52 has resulted in the withdrawal of their recognition from the former Polish Government in London,53 which no longer exists.

The British and U. S.54 Governments have taken measures to protect the interests55 of the Polish Provisional Government,55a as the recognised Government of the Polish State, in the property belonging to the Polish State located in their territories and under their control whatever the form of this property may be. They have further taken measures to prevent alienation to third parties of such property. All proper facilities will be given to the Polish Provisional Government55a for the exercise of the ordinary legal remedies for the recovery of any property belonging to the Polish State which may have been wrongfully alienated.

[Page 1491]

The Three Powers are anxious to assist the Polish Provisional Government56 in facilitating the return to Poland as soon as practicable of all Poles abroad who wish to go, including members of the Polish armed forces and the merchant marine. They expect that those Poles who return home shall be accorded personal rights57 and property rights on the same basis as all Polish citizens.

The Three Powers note that the Polish Provisional Government56 in accordance with the decisions of the Crimea Conference has agreed to the holding of free and unfettered elections as soon as possible on the basis of universal suffrage and secret ballot in which all democratic and anti-Nazi parties shall have the right to take part and to put forward candidates; and that representatives of the Allied Press shall enjoy full freedom to report to the world upon developments in Poland before and during the elections.

B. Western Frontier of Poland.

In conformity with the agreement on Poland reached at the Crimea Conference the three Heads of Government have sought the opinion of the Polish Provisional Government of National Unity in regard to the accession of territory in the north and west which Poland should receive. The President of the National Council of Poland58 and members of the Polish Provisional Government of National Unity59 have been received at the Conference and have fully presented their views. The three Heads of Government reaffirm their opinion that the final delimitation of the western frontier of Poland should await the peace settlement.

The three Heads of Government agree that, pending the final determination of Poland’s western frontier, the former German territories east of a line running from the Baltic Sea immediately west [of]60 Swinemunde, and thence along the Oder River to the confluence of the western Neisse River and along the western Neisse to the Czechoslovak frontier,61 including that portion of East Prussia not placed under the administration of the Union of Soviet Socialist Republics in accordance with the understanding reached at this conference62 and including the area of the former free city of Danzig, [Page 1492]shall be under the administration of the Polish State and for such purposes should not be considered as part of the Soviet zone of occupation in Germany.

x.63

conclusion of peace treaties and admission to the united nations organisation.

The Three Governments consider it desirable that the present anomalous position of Italy, Bulgaria, Finland, Hungary and Roumania should be terminated by the conclusion of Peace Treaties.64 They trust that the other interested Allied Governments will share these views.

For their part the Three Governments have included the preparation of a Peace Treaty with65 Italy as the first among the immediate important tasks to be undertaken by the new Council of Foreign Ministers. Italy was the first of the Axis Powers to break with Germany, who [to]66 whose defeat she has made a material contribution, and has now joined with the Allies in the struggle against Japan. Italy has freed herself from the Fascist regime and is making good progress towards reestablishment of a democratic government and institutions. The conclusion of such a Peace Treaty with a recognised and democratic Italian Government will make it possible for the Three Governments to fulfil their desire to support an application from Italy for membership of the United Nations.

The Three Governments have also charged the Council of Foreign Ministers with the task of preparing Peace Treaties for Bulgaria, Finland, Hungary and Roumania. The conclusion of Peace Treaties with recognised democratic Governments in these States will also enable the Three Governments to support applications from them for membership of the United Nations. The Three Governments agree to examine each separately in the near future, in the light of the conditions then prevailing, the establishment of diplomatic relations with Finland, Roumania, Bulgaria, and Hungary to the extent possible prior to the conclusion of peace treaties with those countries.67

The Three Governments have no doubt that in view of the changed conditions resulting from the termination of the war in Europe, representatives of the Allied Press will enjoy full freedom to report to the [Page 1493]world upon developments in Roumania, Bulgaria, Hungary and Finland.

As regards the admission of other states into the United Nations Organization, Article 4 of the Charter of the United Nations68 declared69 that:

1.
Membership in the United Nations is open to all other peace-loving States who70 accept the obligations contained in the present Charter and, in the judgment of the organization, are able and willing to carry out these obligations;
2.
The admission of any such State to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.

The Three Governments, so far as they are concerned, will support applications for membership from those States which have remained neutral during the war and which fulfil the qualifications set out above.

The Three Governments feel bound however to make it clear that they for their part would not favour any application for membership put forward by the present Spanish Government, which, having been founded with the support of the Axis Powers, does not, in view of its origins, its nature, its record and its close association with the aggressor States, possess the qualifications necessary to justify such membership.

xi.71

territorial trusteeship

The Conference examined a proposal by the Soviet Government on the question of trusteeship territories envisaging those categories of territories71a as defined in the decision of the Crimea Conference72 and in the Charter of the United Nations Organisation.

After an exchange of views on this question it was decided that the disposition of any former Italian73 territories was one to be decided in connection with the preparation of a peace treaty with74 Italy and that the question of Italian73 territory would be considered by the September Council of Ministers of Foreign Affairs.

[Page 1494]

xii.75

revised allied control commission procedure in roumania, Bulgaria and hungary.

The Three Governments have taken76 note that the Soviet Representatives on the Allied Control Commissions in Roumania, Bulgaria and Hungary, have communicated to their United Kingdom and United States colleagues proposals for improving the work of the Control Commissions, now that hostilities in Europe have ceased.

The Three Governments agree that the revision of the procedures of the Allied Control Commissions in these countries will now be undertaken,77 taking into account the interests and responsibilities of the Three Governments which together presented the terms of armistice to the respective countries, and accepting as a basis, in respect of all three countries, the Soviet Government’s proposals for Hungary as annexed hereto.78

annex.79

text of a letter transmitted on july 12 to the representatives of the u. s. and u. k. governments on the allied control commission in hungary.

In view of the changed situation in connection with the termination of the war against Germany, the Soviet Government finds it necessary to establish the following order of work for the Allied Control Commission in Hungary.

1. During the period up to the conclusion of peace with Hungary the President (or Vice-President) of the ACC will regularly call conferences with the British and American representatives for the purpose of discussing the most important questions relating to the work of the ACC. The conferences will be called once in 10 days, or more frequently in case of need.

Directives of the ACC on questions of principle will be issued to the Hungarian authorities by the President of the Allied Control Commission after agreement on these directives with the English and American representatives.

2. The British and American representatives in the ACC will take part in general conferences of heads of divisions and delegates of the [Page 1495]ACC, convoked by the President of the ACC, which meetings will be regular in nature. The British and American representatives will also participate personally or through their representatives in appropriate instances in mixed commissions created by the President of the ACC for questions connected with the execution by the ACC of its functions.

3. Free movement by the American and British representatives in the country will be permitted provided that the ACC is previously informed of the time and route of the journeys.

4. All questions connected with permission for the entrance and exit of members of the staff of the British and American representatives in Hungary will be decided on the spot by the President of the ACC within a time limit of not more than one week.

5. The bringing in and sending out by plane of mail, cargoes and diplomatic couriers will be carried out by the British and American representatives on the ACC under arrangements and within time limits established by the ACC, or in special cases by previous coordination with the President of the ACC.

I consider it necessary to add to the above that in all other points the existing Statutes regarding the ACC in Hungary, which was confirmed on January, 20 [sic], 1945,80 shall remain in force in the future.

xiii81

orderly transfer of german populations81a

The Three Governments, having considered the question in all its aspects, recognise that the transfer to Germany of German populations, or elements thereof, remaining in Poland, Czechoslovakia and Hungary, will have to be undertaken. They agree that any transfers that take place should be effected in an orderly and humane manner.

Since the influx of a large number of Germans into Germany would increase the burden already resting on the occupying authorities, they consider that the Allied82 Control Council in Germany should in the first instance examine the problem, with special regard to the question of the equitable distribution of these Germans among the several zones of occupation. They are accordingly instructing their respective representatives on the Control Council to report to their Governments as soon as possible the extent to which such persons have already entered Germany from Poland, Czechoslovakia and Hungary, and to submit an estimate of the time and rate at which further transfers could be carried out having regard to the present situation in Germany.

The Czechoslovak Government, the Polish Provisional Government and the Control Council in Hungary are at the same time being informed of the above and are being requested meanwhile to suspend [Page 1496]further expulsions pending an examination by the Governments concerned of the report from their representatives on the Control Council.

xiv83

oil equipment in Rumania

The Conference agreed to set up two bilateral commissions of experts, one to be composed of United Kingdom and Soviet Members, and one to be composed of United States and Soviet members, to investigate the facts and examine the documents, as a basis for the settlement of questions arising from the removal of oil equipment from84 Rumania. It was further agreed that these experts shall begin their work within ten days, on the spot.

xv85

iran

It was agreed that Allied troops should be withdrawn immediately from Tehran, and that further stages of the withdrawal of troops from Iran should be considered at the meeting of the Council of Foreign Ministers to be held in London in September, 1945.

xvi86

the interna[t]ional zone of tangier

A proposal by the Soviet Government was examined and the following decisions were reached.

Having examined the question of the Zone of Tangier, the three Governments have agreed that this Zone, which includes the city of Tangier and the area adjacent to it, in view of its special strategic importance shall remain international.

The question of Tangier will be discussed in the near future at a meeting in Paris of representatives of the Governments of the Union of Soviet Socialist Republics, the United States of America, the United Kin[g]dom and France.87

xvii88

the black sea straits

The three Governments recognised the need for revision of the Convention on the Straits concluded at Montreux89 as failing to meet present-day conditions.90

[Page 1497]

It was agreed that as the next step the matter should be the subject of direct conversations between each of the three Governments and the Turkish Government.

xviii91

international inland waterways.

The Conference considered a proposal of the U. S. Delegation on this subject and agreed to refer it for consideration to the forthcoming meeting of the Council of Foreign Ministers in London.

xix92

european inland transport conference.

The British and U. S. Delegations to the Conference informed the Soviet Delegation of the desire of the British and U. S. Governments to reconvene the European Inland Transport Conference and stated that they would welcome assurance that the Soviet Government would participate in the work of the reconvened conference. The Soviet Government agreed that it would participate in this conference.93

xx94

directives to military commanders on allied control council for germany.

The three Governments agreed that each would send a directive to its representative on the Control Council for Germany informing him of all decisions of the Conference affecting matters within the scope of his duties.94a

xxi95

use of allied property96 for satellite reparations or “war trophies”

The proposal97 presented by the U. S.98 Delegation was accepted in [Page 1498]principle by the Conference, but the drafting of an agreement on the matter was left to be worked out through diplomatic channels.99

  1. So dated, although this “top document” was apparently not signed until a few minutes after midnight, i.e., until August 2. See ante, p. 596, footnote 38. The texts of the Protocol published by the British and Soviet Governments do not include this “top document”, and they place the signatures and dateline after annex ii at the end of the Protocol. In the British text the dateline reads, “Berlin, 2nd August, 1945.” In the Soviet text it reads, in translation, “Berlin, 1 August 1945.”
  2. I. Stalin. Changed in Stage 3 to “Joseph V. Stalin”.
  3. Changed in Stage 3 to “Harry Truman”.
  4. At this point in the United States original is a second page with the identical text printed above, but without the signatures.
  5. Changed in Stage 3 to “August 2”. *†
  6. “A.” introduced at the beginning of this paragraph in Stage 2.*†
  7. Changed in Stage 3 to “problems”.
  8. “B.” introduced at the beginning of this paragraph in Stage 2.*†
  9. The words in italics, which were underscored in the original, were obviously intended to supply the form of invitation to be used by each of the three inviting Governments, but there appear to have been inadvertent omissions in the text. The first sentence of this paragraph presumably should read: “In agreement with the Governments of the United States and U. S. S. R., His Majesty’s Government in the United Kingdom (United Kingdom and U. S. S. R., the United States Government) (United States and United Kingdom, the Soviet Government) extend[s] a cordial invitation to the Government of China (France) to adopt the text quoted above and to join in setting up the Council.” Cf. document No. 715 and the enclosure to document No. 1395.
  10. “C.” introduced at the beginning of this paragraph in Stage 2.*†
  11. See document No. 1417, section viii.
  12. “D.” introduced at the beginning of this paragraph in Stage 2.*†
  13. The Soviet text reads, in literal translation, “recommendations concerning the unconditional surrender of Germany”.
  14. See vol. i, document No. 233.
  15. “Allied Control Commission” changed in Stage 3 to “Control Council”.*†
  16. The final sentence changed in Stage 3 to read: “Accordingly it was agreed to recommend that the European Advisory Commission be dissolved.”* The Soviet text reads, in literal translation, “Accordingly, it is recommended that the European Advisory Commission be dissolved.”
  17. The Soviet text, which contains the words “Political and Economic Principles” in this heading, also contains the following introductory statement following the heading: “The following political and economic principles for the treatment of Germany were adopted:”.
  18. Signed at London, November 14, 1944, as amended by a further agreement signed at London, May 1, 1945. For texts, see Treaties and Other International Acts Series No. 3070; United States Treaties and Other International Agreements, vol. 5, pt. 2, p. 2062. The agreement of November 14, 1944, also printed in Foreign Relations, The Conferences at Malta and Yalta, 1945, p. 124.
  19. Corrected in Stage 3 to “(i)”.*†
  20. Changed in Stage 3 to “semi-military”.*†
  21. Changed in Stage 3 to “discriminations”.
  22. The words “of affairs” deleted in Stage 3.*†
  23. The Soviet text reads, in literal translation, “the development of a sense of responsibility”.
  24. During Stage 1 there was deleted the following heading which appeared in the draft above the heading printed: “Proposed Agreement on the Political and Economic Principles To Govern the Treatment of Germany in the Initial Control Period[:] Text as Submitted to the Foreign Secretaries by Economic Sub-Committee”.*† “B.” was introduced before the heading printed in Stage 2.*† See ante, p. 591. The text of section ii B in Dunn’s working copy of the Protocol bears only the typed heading, “B. Economic Principles”.
  25. This paragraph number was corrected from “10” in Stage 1.*† The numbers of the eight succeeding paragraphs, i. e., 12 to 19 inclusive, were likewise corrected in Stage 1,*† having been numbered 11 to 18 inclusive in the draft. The renumbering of the later paragraphs of this section was caused by the insertion of a new paragraph 2. See document No. 879, footnote 5. The text of section ii B in Dunn’s working copy of the Protocol is correctly numbered.
  26. Corrected from “14” in Stage 1.*† The number is correct in Dunn’s working copy of the Protocol.
  27. The final sentence of this paragraph was deleted in Stage 2.* This deletion was marked in Dunn’s working copy of the Protocol. Cf. the attachment to document No. 1380 and ante, p. 591. The sentence was not deleted, however, from the Soviet text.
  28. The word “its” introduced at this point in Stage 3.*†
  29. The word “and” replaced by a comma in Stage 3. Neither the word “and” nor the comma appears in Dunn’s working copy of the Protocol.
  30. The words “U. K. and” replaced by “the United Kingdom and the” in Stage 3*†
  31. Changed from “agriculture” in Stage 1.*†
  32. i. e., section iii, infra.
  33. Changed in Stage 3 to “Reparations From Germany”.*†
  34. The word “the” introduced at this point in Stage 3.*†
  35. Changed in Stage 3 to “reparation”.
  36. The Soviet text reads, in literal translation, “within five years of the said date”.
  37. See International Agencies in Which the United States Participates (Washington, Government Printing Office, 1946; Department of State publication No. 2699), p. 141.
  38. The word “to” changed by hand to “of” in Dunn’s working copy of the Protocol.*
  39. The words “in respect of reparations” introduced at this point in Stage 3.*† These words appear in Dunn’s handwriting as an interlineation in Dunn’s working copy of the Protocol. See ante, pp. 586 587.
  40. The words “their claims” replaced by “all claims in respect of reparations” in Stage 3.*† The words “in respect of reparations” appear in Dunn’s handwriting as an interlineation following the words “their claims” in Dunn’s working copy of the Protocol. See ante, pp. 586 587.
  41. “A.” moved in Stage 3 to the beginning of the following paragraph.
  42. Changed in Stage 3 to “U. S. A.” This change was marked in Dunn’s working copy of the Protocol.
  43. Changed in Stage 3 to “U. S. A.” This change was marked in Dunn’s working copy of the Protocol.
  44. “B.” moved in Stage 3 to the beginning of the following paragraph.
  45. Changed in Stage 3 to “U. S. A.” This change was marked in Dunn’s working copy of the Protocol.
  46. Concerning these two organizations see, respectively, United States Government Organization Manual, 1953–54 (Washington, Government Printing Office, 1953), p. 542, and International Organizations in Which the United States Participates, 1949 (Washington, Government Printing Office, 1950; Department of State publication No. 3655), p. 323.
  47. Corrected in Stage 2 to “v”.*† This correction is marked in Dunn’s working copy of the Protocol, where the numbering of all the succeeding sections of the Protocol is likewise corrected. An undated working paper (file No. 740.00119 Potsdam/7–3045) which contains a numbered list of the proposed sections of the Protocol indicates that at one stage it was expected that section v of the Protocol would deal with the Ruhr. When the Heads of Government decided on August 1 that the Protocol would not contain a section on the Ruhr (see ante, pp. 595 596), this decision should have precipitated a renumbering of section vi (on the city of Königsberg and the adjacent area) to section v, and an appropriate renumbering of all succeeding sections of the Protocol. As noted above, this renumbering was carried out in Dunn’s working copy of the Protocol, but the correct numbering was not entered on the United States original of the Protocol until Stage 2, as defined above (see ante, p. 1477).
  48. The Soviet text reads, in literal translation, “concerning the transfer”.
  49. Corrected by hand in Stage 1 from “exper”.
  50. Corrected in Stage 2 to “vi”.*†
  51. Changed in Stage 2 to “War Criminals”. *†
  52. For the London discussions referred to, for the text of the Agreement of August 8, 1945, signed at the conclusion of those discussions, and for the text of the Charter of the International Military Tribunal annexed to that Agreement, see Report of Robert H. Jackson, United States Representative to the International Conference on Military Trials, London, 1945.
  53. Text in Department of State Bulletin) vol. ix, p. 310
  54. For the list referred to, which was made public on August 29, 1945, see Department of State Bulletin, vol. xiii, p. 301.
  55. Corrected in Stage 2 to “vii”.*†
  56. Corrected in Stage 2 to “viii”.*†
  57. In the Soviet text this heading reads, in literal translation, “A. Declaration on the Polish Question”, and the following introductory statement follows the heading: “The Conference has adopted the following declaration on the Polish question:”.
  58. See document No. 1417, section vi.
  59. The words “of National Unity” introduced at this point in Stage 3.*
  60. Concerning United States recognition of the Polish Provisional Government of National Unity, see vol. i, document No. 501.
  61. Changed in Stage 3 to “United States”.*†
  62. Changed in Stage 3 to “interest”.
  63. The words “of National Unity” introduced at this point in Stage 3.*†
  64. The words “of National Unity” introduced at this point in Stage 3.*†
  65. The words “of National Unity” introduced at this point in Stage 3.*†
  66. The word “rights” deleted in Stage 3.*† This change was marked in Dunn’s handwriting in Dunn’s working copy of the Protocol.
  67. The words “of National Unity” introduced at this point in Stage 3.*†
  68. Boleslaw Bierut.
  69. See ante, p. 322.
  70. The words “immediately west” substituted for “through” in Stage 1.*† The word “of” introduced in Stage 2.*† The words “immediately west of” appear in Dunn’s handwriting as an interlineation in Dunn’s working copy of the Protocol. See ante, p. 592.
  71. See the map facing p. 1152, ante.
  72. Ante, section vi (v).
  73. Corrected in Stage 2 to “ix”.*†
  74. The following passage deleted at this point in Stage 1: “so that as soon as possible thereafter relations between them and the ex-enemy States can, where necessary, be reestablished on a normal footing”.*† See ante, p. 590, footnote 16. This passage is also marked for deletion in Dunn’s working copy of the Protocol.
  75. Changed in Stage 3 from “with” to “for”.*† This change appears in Dunn’s handwriting as an interlineation in Dunn’s working copy of the Protocol.
  76. The correction from “who” to “to” made in Stage 2.*†
  77. Concerning United States action to carry out the provisions of the final sentence of this paragraph see: for Finland, Department of State Bulletin, vol. xiii, pp. 283, 339; for Rumania, ibid., vol. xiv, pp. 256, 298; for Bulgaria, ibid., vol. xvii, p. 746; for Hungary, ibid., vol. xiii, p. 478.
  78. Treaty Series No. 993; 59 Stat. (2) 1031.
  79. Changed in Stage 3 to “declares”.*† This change is marked in Dunn’s working copy of the Protocol.
  80. Reads “which” in the Charter. The text included in the Protocol also has variations of capitalization and punctuation from the text of the Charter.
  81. Corrected in Stage 2 to “x”.*†
  82. The British text omits the words “envisaging those categories of territories”. The Soviet text likewise contains no Russian translation of these words.
  83. See document No. 1416, section i.
  84. The word “colonial” introduced at this point in Stage 3.*†
  85. Changed in Stage 3 from “with” to “for”.* This change appears in Dunn’s handwriting as an interlineation in Dunn’s working copy of the Protocol.
  86. The word “colonial” introduced at this point in Stage 3.*†
  87. Corrected in Stage 2 to “xi”.*†
  88. The words “have taken” changed in Stage 3 to “took”.*† This change appears in Dunn’s handwriting as an interlineation in Dunn’s working copy of the Protocol.
  89. Dunn has changed the beginning of this paragraph by hand, in his working copy of the Protocol, to read as follows (italics supplied): “The Three Governments agreed that the revision of the procedures of the Allied Control Commissions in these countries would now be undertaken”.*
  90. The words “(Annex i)” introduced at the end of the paragraph in Stage 3.*†
  91. Changed in Stage 2 to “Annex i”.*† In Stage 3 this annex was removed from its position at the end of the section of the Protocol to which it pertains and placed near the end, between section xxi and annex ii,*† both of which were introduced in Stage 2 (post, p. 1498).
  92. Not printed.
  93. Corrected in Stage 2 to “xii”. *†
  94. The Soviet text contains the following introductory statement following this heading: “The Conference has adopted the following decision:”.
  95. The word “Allied” deleted in Stage 3.*†
  96. Corrected in Stage 2 to “xiii”.*†
  97. Changed in Stage 3 from “from” to “in”.*†
  98. Corrected in Stage 2 to “xiv”.*†
  99. Corrected in Stage 2 to “xv”.*†
  100. See Department of State Bulletin, vol. xiii, pp. 380, 613.
  101. Corrected in Stage 2 to “xvi”.*†
  102. League of Nations Treaty Series, vol. clxxiii, p. 213.
  103. This paragraph revised in Stage 3 as follows: “The Three Governments recognized that the Convention on the Straits concluded at Montreux should be revised as failing to meet present-day conditions.”† The British text reads: “The three Governments recognised that the Convention concluded at Montreux should be revised as failing to meet present-day conditions.”
  104. Corrected in Stage 2 to “xvii”.*†
  105. Corrected in Stage 2 to “xviii”.*†
  106. See Participation of the United States Government in International Conferences, July 1, 1941–June 30, 1945, p. 138. See also Executive Agreement Series No. 494; 59 Stat. (2) 1740.
  107. Corrected in Stage 2 to “xix”.*†
  108. The Soviet text reads, in literal translation, “to its representative on the Control Council concerning questions coming within the scope of his competence”.
  109. Corrected in Stage 2 to “xx”.*†
  110. Changed in Stage 2 to “Properties”; to “Property” once more in Stage 3.*†
  111. The words “(Annex ii)” introduced at this point in Stage 2.*†
  112. Changed in Stage 3 to “United States”.*
  113. The Soviet text of this paragraph reads, in literal translation: “The Conference decided to accept in principle the proposal of the American Delegation (Annex No. 2). The wording of this proposal is to be agreed upon through the diplomatic channel”

    The Protocol, as it stood at the end of Stage 1, ended with this paragraph. In Stage 2 an additional section xxi was introduced*† and annex ii (pertaining to the final section of the Protocol as it stood at the end of Stage 1) was added.*† In Stage 3 the annex to the section on “Revised Allied Control Commission Procedure in Roumania, Bulgaria and Hungary” (ante, p. 1494) was inserted between the new section xxi and annexii.*† The texts of the new article and annex introduced in Stage 2 are as follows:

    xxi

    military talks

    During the Conference there were meetings between the Chiefs of Staff of the three governments on military matters of common interest.

    [Cf. document No. 1384, section xiv, and ante, p. 594.]

    annex ii

    [The heading, “Use of Allied Property for Satellite Reparations or ‘War Trophies’” was inserted at this point in Stage 3.† A similar heading above the words “Annex ii” was deleted in Stage 2.*]

    1. The burden of reparation and “war trophies” should not fall on allied nationals.

    2. Capital equipment.—We object to the removal of such allied property as reparations, “war trophies”, or under any other guise. Loss would accrue to allied nationals as a result of destruction of plants and the consequent loss of markets and trading connections. Seizure of allied property makes impossible the fulfilment by the satellite of its obligation under the armistice to restore intact the rights and interests of the allied nations and their nationals.

    The United States looks to the other occupying powers for the return of any equipment already removed and the cessation of removals. Where such equipment will not or cannot be returned, the United States [changed to “U. S.” in Stage 3] will demand of the satellite adequate, effective and prompt compensation to American nationals, and that such compensation have priority equal to that of the reparations payment.

    These principles apply to all property wholly or substantially owned by allied nationals. In the event of removals of property in which the American as well as the entire allied interest is less than substantial, the United States [changed to “U. S.” in Stage 3] expects adequate, effective, and prompt compensation.

    3. Current production.—While the United States [changed to “U. S.” in Stage 31 does not oppose reparation out of current production of allied investments, the satellite must provide immediate and adequate compensation to the allied nationals including sufficient foreign exchange or products so that they can recover reasonable foreign currency expenditures and transfer a reasonable return on their investment. Such compensation must also have equal priority with reparations.

    We deem it essential that the satellites do [the word “do” deleted in Stage 3] not conclude treaties, agreements or arrangements which deny to allied nationals access, on equal terms, to their trade, raw materials, and industry; and appropriately modify any existing arrangements which may have that effect.

    [Cf. document No. 842.]