Foreign Relations of the United States: Diplomatic Papers, Conferences at Malta and Yalta, 1945

740.00119 EAC/7–2644

Report by the European Advisory Commission Transmitting a Draft Instrument for the Unconditional Surrender of Germany

Report by the European Advisory Commission to the Governments of the United States of America, the United Kingdom and the Union of Soviet Socialist Republics

In virtue of the Terms of Reference of the European Advisory Commission,¹ agreed upon at the Moscow Conference, the Commission has given attention to the terms of surrender to be imposed on Germany and submits herewith, for the consideration of the three Governments, a draft Instrument entitled “Unconditional Surrender of Germany”.

We have individually reported to our respective Governments on the course of the discussions which have resulted in the settlement of the terms of the draft Instrument. It is unnecessary for us therefore to rehearse the history of those discussions. It should be sufficient for us to say that the draft is designed as a predominantly military Instrument, consisting essentially of three parts. The first is the Preamble, which includes unqualified acknowledgment on the part of Germany of the complete defeat of the German armed forces on land, at sea and in the air. The second part is a short series of military Articles, which provide for the cessation of hostilities by all German armed forces, and which will enable the Allied Representatives to carry out the more immediate measures of disarmament in Germany. The third part is a general Article setting forth the supreme authority of the United States of America, the United Kingdom and the Union of Soviet Socialist Republics, with respect to Germany, including the power completely to disarm and to demilitarize Germany and to take such other steps as the three Governments may deem requisite for future peace and security. The Article further states that the Allied Representatives will present additional political, administrative, economic, financial, military and other requirements arising from the surrender of Germany which the German authorities bind themselves to carry out unconditionally. The Commission will submit in due course, for the consideration of the three Governments, drafts of basic Proclamations, Orders, Ordinances or Instructions laying down additional requirements as provided in the general Article.

There are three matters in the draft upon which the Commission makes supplementary observations and recommendations.

I.

The Preamble states that the Allied Representatives, “acting by authority of their respective Governments and in the interests of the United Nations, announce the following terms of surrender, with which Germany shall comply”.

The Commission has considered what action it should take or what procedure it should recommend in order to give effect to the statement that the Allied Representatives would be acting “in the interests of the United Nations”.

In virtue of the discretion extended to it in its terms of reference, the Commission has, as a first step, addressed a communication, a copy of which is annexed,² to the Governments of Belgium, Czechoslovakia, Greece, Luxemburg, Netherlands, Norway, Poland and Yugoslavia and to the French Committee of National Liberation in view of their special interest in the terms of surrender for Germany. After taking into account any views expressed in response to this communication, the Commission will consider further practicable steps lying within its competence for consultation with these Governments and authorities, as well as with Governments of other United Nations.

Note: The Representative of the Union of Soviet Socialist Republics on the European Advisory Commission reserves his position in relation to the Polish Government in London.

II.

Article 2(b) of the draft Instrument states:—

“The personnel of the formations and units of all the forces referred to in paragraph (a) above, shall, at the discretion of the Commander-in-Chief of the armed forces of the Allied State concerned, be declared to be prisoners of war, pending further decisions, and shall be subject to such conditions and directions as may be prescribed by the respective Allied Representatives.”

The Commission recommends to the three Governments the following understanding as regards Article 2 (b):—

“Under Article 2 (b) of the draft Instrument of Surrender of Germany, there is no obligation on any of the three Allied Powers to declare all or any part of the personnel of the German armed forces prisoners of war: it is their right. Such a decision may or may not be taken, depending on the discretion of the respective Commanders-in-Chief. Prisoners of war so declared will be treated in accordance with the standards of international law.”

III.

Article 11 of the draft Instrument states:—

“The Allied Representatives will station forces and civil agencies in any or all parts of Germany as they may determine.”

The Commission will submit for the consideration of the three Governments a draft Protocol on the Zones of occupation in Germany and the administration of “Greater Berlin”.³

The Commission will also submit for the consideration of the three Governments a draft Protocol regarding the military occupation of Austria.⁴

John G. Winant

William Strang

Φ. Γyceb 5

Lancaster House, London, S. W. 1.
25th July, 1944.

[Attachment]

Unconditional Surrender of Germany⁶

top secret

The German Government and the German High Command, recognising and acknowledging the complete defeat of the German armed forces on land, at sea and in the air, hereby announce Germany’s unconditional surrender.

The Representatives of the Supreme Commands of the United States of America, the United Kingdom and the Union of Soviet Socialist Republics, hereinafter called the “Allied Representatives,” acting by authority of their respective Governments and in interests of the United Nations, announce the following terms of surrender, with which Germany shall comply:—

Article 1.

Germany will cease hostilities in all theaters of war against the forces of the United Nations on land, at sea, and in the air. The German Government and the German High Command will at once issue instructions to all German military, naval and air authorities and to all forces under German control to cease hostilities at . . . . hours Central European Time on . . . . . . . . (date) . . . . .⁷

Article 2.

(a) All armed forces of Germany or under German control, wherever they may be situated, including land, air, anti-aircraft and naval forces, the S. S., S. A. and Gestapo, and all other forces or auxiliary organisations equipped with weapons, will be completely disarmed, handing over their weapons and equipment to local Allied Commanders or to officers designated by the Allied Representatives.

(b) The personnel of the formations and units of all the forces referred to in paragraph (a) above shall, at the discretion of the Commander-in-Chief of the Armed Forces of the Allied State concerned, be declared to be prisoners of war, pending further decisions, and shall be subject to such conditions and directions as may be prescribed by the Allied Representatives.

(c) All forces referred to in paragraph (a) above, wherever they may be, will remain in their present positions pending instructions from the Allied Representatives.

(d) Evacuation by the said forces of all territories outside the frontiers of Germany as they existed on the 31st December, 1937, will proceed according to instructions to be given by the Allied Representatives.

(e) Detachments of civil police to be armed with small arms only, for the maintenance of order and for guard duties, will be designated by the Allied Representatives.

Article 3.

(a) All aircraft of any kind or nationality in Germany or German-occupied or controlled territories or waters, military, naval or civil, other than aircraft in the service of the Allies, will remain on the ground, on the water or aboard ships pending further instructions.

(b) The German authorities will forthwith order all German or German-controlled aircraft in or over territories or waters not occupied or controlled by Germany to proceed to Germany or to such other place or places as may be specified by the Allied Representatives.

Article 4.

(a) The German authorities will issue orders to all German or German-controlled naval vessels, surface and submarine, auxiliary naval craft, and merchant and other shipping, wherever such vessels may be at the time of surrender, and to all other merchant ships of whatever nationality in German ports, to remain in or proceed immediately to ports and bases as specified by the Allied Representatives. The crews of such vessels will remain on board pending further instructions.

(b) All ships and vessels of the United Nations, whether or not title has been transferred as the result of prize court or other proceedings, which are at the disposal of Germany or under German control at the time of surrender, will proceed at the dates and to the ports or bases specified by the Allied Representatives.

Article 5.

(a) The German authorities will hold intact and in good condition at the disposal of the Allied Representatives, for such purposes and at such times and places as they may prescribe—

(i) all arms, ammunition, explosives, military equipment, stores and supplies and other implements of war of all kinds and all other war material;

(ii) all naval vessels of all classes, both surface and submarine, auxiliary naval craft and all merchant shipping, whether afloat, under repair or construction, built or building;

(iii) all aircraft of all kinds, aviation and anti-aircraft equipment and devices;

(iv) all transportation and communications facilities and equipment, by land, water or air;

(v) all military installations and establishments, including airfields, seaplane bases, ports and naval bases, storage depots, permanent and temporary land and coast fortifications, fortresses and other fortified areas, together with plans and drawings of all such fortifications, installations and establishments;

(vi) all factories, plants, shops, research institutions, laboratories, testing stations, technical data, patents, plans, drawings and inventions, designed or intended to produce or to facilitate the production or use of the articles, materials and facilities referred to in sub-paragraphs (i), (ii), (iii), (iv) and (v) above, or otherwise to further the conduct of war.

(b) The German authorities will at the demand of the Allied Representatives furnish—

(i) the labor, services, and plant required for the maintenance or operation of any of the six categories mentioned in paragraph (a) above; and

(ii) any information or records that may be required by the Allied Representatives in connection with the same.

(c) The German authorities will at the demand of the Allied Representatives provide all facilities for the movement of Allied troops and agencies, their equipment and supplies, on the railways, roads and other land communications or by sea, river or air. The German authorities will maintain all means of transportation in good order and repair and will furnish the labor, services and plant necessary therefor.

Article 6.

(a) The German authorities will release to the Allied Representatives, in accordance with the procedure to be laid down by them, all prisoners of war at present in their power, belonging to the forces of the United Nations, and will furnish full lists of these persons indicating the places of their detention in Germany or territory occupied by Germany. Pending the release of such prisoners of war, the German authorities will protect them in their persons and property and provide them with adequate food, clothing, shelter, medical attention and money in accordance with their rank or official position.

(b) The German authorities will in like manner provide for and release all other nationals of the United Nations who are confined, interned or otherwise under restraint, and all other persons who may be confined, interned or otherwise under restraint for political reasons or as a result of any Nazi action, law or regulation which discriminates on the ground of race, color, creed or political belief.

(c) Without prejudice to the foregoing provisions of this Article the German authorities will hand over control of the places of detention there mentioned to such officers as may be designated for the purpose by the Allied Representatives.

Article 7.

The German authorities will furnish to the Allied Representatives—

(a) full information regarding the forces referred to in Article 2 (a), and in particular will within twenty-four hours of the time of surrender furnish all information which the Allied Representatives may require concerning the numbers, locations and dispositions of such forces, whether located inside or outside Germany;

(b) complete and detailed information concerning mines, minefields and other obstacles to movement by land, sea or air, and the safety lanes in connection therewith. All such safety lanes will be kept open and clearly marked; all mines, minefields and other dangerous obstacles will as far as possible be rendered safe, and all aids to navigation will be reinstated. Unarmed German military and civilian personnel with the necessary equipment will be made available and utilised for the above purposes and for the removal of mines, minefields and other obstacles as directed by the Allied Representatives.

Article 8.

The German authorities will prevent the destruction, removal, concealment, transfer or scuttling of, or damage to, all military, naval, air, shipping, port, industrial and other like property and facilities and all records and archives, wherever they may be situated, except as may be directed by the Allied Representatives.

Article 9.

Pending the institution of control by the Allied Representatives over all means of communication, all radio and telecommunication installations and other forms of wire or wireless communications, whether ashore or afloat, under German control, will cease transmission except as directed by the Allied Representatives.

Article 10.

The forces, nationals, ships, aircraft, military equipment, and other property in Germany or in German control or service or at German disposal, of any other country at war with any of the Allies, will be subject to the provisions of this Instrument and of any proclamations, orders, ordinances or instructions issued thereunder.

Article 11.

The Allied Representatives will station forces and civil agencies in any or all parts of Germany as they may determine.

Article 12.

(a) The United States of America, the United Kingdom and the Union of Soviet Socialist Republics shall possess supreme authority with respect to Germany. In the exercise of such authority they will take such steps, including the complete disarmament and demilitarisation of Germany, as they deem requisite for future peace and security.

(b) The Allied Representatives will present additional political, administrative, economic, financial, military and other requirements arising from the surrender of Germany. The Allied Representatives, or persons or agencies duly designated to act on their authority, will issue proclamations, orders, ordinances and instructions for the purpose of laying down such additional requirements and of giving effect to the other provisions of the present Instrument. The German Government, the German High Command, all German authorities and the German people shall carry out unconditionally the requirements of the Allied Representatives and shall fully comply with all such proclamations, orders, ordinances and instructions.

Article 13.

This Instrument will enter into force and effect immediately upon signature. In the event of failure on the part of the German authorities or people promptly and completely to fulfil their obligations hereby or hereafter imposed, the Allied Representatives will take whatever action may be deemed by them to be appropriate under the circumstances.

Article 14.

This Instrument is drawn up in the English, Russian and German languages. The English and Russian are the only authentic texts. In case of any question as to the meaning of any of the provisions of this Instrument, the decision of the Allied Representatives shall be final.

(Date and year)		(Place)
. . . . .8		(Hours—Central European Time).
Signed by the Allied Representatives:		Signed by the Representatives of the German Government and the German High Command thereunto duly authorized:
(Name)	(Title)	(Name) (Title)
(Name)	(Title)	(Highest German civil authority)
(Name)	(Title)	(Name) (Title)
		(Highest German military authority)8

The above text of the Unconditional Surrender of Germany has been prepared by the European Advisory Commission on the instructions of the Governments of the United States of America, the United Kingdom and the Union of Soviet Socialist Republics.

The text of the Unconditional Surrender, as agreed in the English and Russian languages, consists of fourteen articles and has been unanimously accepted by the Representatives of the United States of America, the United Kingdom and the Union of Soviet Socialist Republics on the European Advisory Commission at a meeting of the Commission held on the 25th July, 1944 and is now submitted to their respective Governments for approval.

Representative of the Government of the United States of America on the European Advisory Commission	Representative of the Government of the United Kingdom on the European Advisory Commission	Representative of the Government of the Union of Soviet Socialist Republics on the European Advisory Commission
John G. Winant	William Strang	Φ. Гyceb 9

Lancaster House, London.
25th July, 1944.

1. The European Advisory Commission was established in London pursuant to agreement reached at the Moscow Conference of Foreign Ministers of October 1943. Its purpose was to study certain European questions, particularly the matter of surrender terms for Germany, and to submit joint recommendations thereon to the respective Governments. Consisting at first of representatives of the United States, the United Kingdom, and the Soviet Union, namely Ambassador Winant, Sir William Strang, of the British Foreign Office, and Ambassador Gusev, it was enlarged in 1944 to include a representative of the Provisional Government of France. The Commission was terminated by agreement reached at the Berlin (Potsdam) Conference of 1945.
2. Not printed.
3. Post, pp. 118–121.
4. Agreement between the United States, the United Kingdom, the Soviet Union, and France on Zones of Occupation in Austria and the Administration of the City of Vienna, signed at London July 9, 1945 (Department of State Treaties and Other International Acts Series No. 1600; 61 Stat. 2679).
5. F. Gusev.
6. A letter from the Acting Secretary of State (Grew) to the Secretary of War (Stimson) dated February 28, 1945, referred to this document as follows:

   “. . . Text of surrender terms of Germany was agreed upon in the European Advisory Commission on July 25, 1944. Notification of the President’s approval of this document was received by the Department of State on August 8, 1944. Ambassador Winant gave formal notification of the United States Government’s approval of the surrender terms on August 9, 1944. In a letter to the Chairman of the European Advisory Commission dated September 21, 1944, Sir William Strang announced the formal approval of the surrender terms by the British Government. In a letter to the Chairman dated December 14, 1944 the approval of the Soviet Government was also announced.” (740.00119 EAC/2–2845.)

   An agreement of May 1, 1945, between the United States, the United Kingdom, the Soviet Union, and France (not printed), amended this agreement to include France within its provisions, as a result of decisions reached at Yalta. The draft instrument of July 25, 1944, as amended on May 1, 1945, was not used, however, on the occasion of the actual surrender of Germany, but was incorporated in large part into the Declaration Regarding Defeat of Germany and Assumption of Supreme Authority by Allied Powers, issued on June 5, 1945. See Walter Bedell Smith, My Three Years in Moscow (New York, 1950), pp. 19–20; also Decade, pp. 505–511; or Department of State Bulletin, June 10, 1945, vol. xii, pp. 1051–1055.

7. Points appear in the original.
8. Points appear in the original.
8. Points appear in the original.
9. F. Gusev.