There is attached hereto a photostatic copy of an agreement
reached in the European Advisory Commission for submission to
the American, British and Soviet Governments, with regard to
control machinery in Germany, together with the minutes of the
meeting of the Commission on November 14, 1944, at which the
agreement was signed.1
The Department of State would appreciate being informed whether
this agreement, which is the result of careful consideration and
close consultation with the U. S. Joint Chiefs of Staff and the
War and Navy Departments, is agreeable to you in order that
Ambassador Winant may be
informed as soon as possible of the United States Government’s
approval of this agreement. Copies are also being submitted to
the Secretary of War and to the Secretary of the Navy.
[Attachment]
Agreement on Control Machinery in
Germany
2
The Governments of the United States of America, the United
Kingdom of Great Britain and Northern Ireland and the Union
of Soviet Socialist Republics have reached the following
Agreement with regard to the organisation of the Allied
control machinery in Germany in the period during which
Germany will be carrying out the basic requirements of
unconditional surrender:—
Article 1.
Supreme authority in Germany will be 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 and the Union of Soviet
Socialist Republics, each in his own zone of occupation, and
also jointly, in matters affecting Germany as a whole, in
their capacity as members of the supreme organ of control
constituted under the present Agreement.
[Page 125]
Article 2.
Each Commander-in-Chief in his zone of occupation will have
attached to him military, naval and air representatives of
the other two Commanders-in-Chief for liaison duties.
Article 3.
(a) The three Commanders-in-Chief,
acting together as a body, will constitute a supreme organ
of control called the Control Council.
(b) The functions of the Control
Council will be:—
- (i)
- to ensure appropriate uniformity of action by the
Commanders-in-Chief in their respective zones of
occupation;
- (ii)
- to initiate plans and reach agreed decisions on
the chief military, political, economic and other
questions affecting Germany as a whole, on the basis
of instructions received by each Commander-in-Chief
from his Government;
- (iii)
- to control the German central administration,
which will operate under the direction of the
Control Council and will be responsible to it for
ensuring compliance with its demands;
- (iv)
- to direct the administration of “Greater Berlin”
through appropriate organs.
(c) The Control Council will meet at
least once in ten days; and it will meet at any time upon
request of any one of its members. Decisions of the Control
Council shall be unanimous. The chairmanship of the Control
Council will be held in rotation by each of its three
members.
(d) Each member of the Control Council
will be assisted by a political adviser, who will, when
necessary, attend meetings of the Control Council. Each
member of the Control Council may also, when necessary, be
assisted at meetings of the Council by naval or air
advisers.
Article 4.
A permanent Co-ordinating Committee will be established under
the Control Council, composed of one representative of each
of the three Commanders-in-Chief, not below the rank of
General Officer or the equivalent rank in the naval or air
forces. Members of the Coordinating Committee will, when
necessary, attend meetings of the Control Council.
Article 5.
The duties of the Co-ordinating Committee, acting on behalf
of the Control Council and through the Control Staff, will
include:—
- (a)
- the carrying out of the decisions of the Control
Council;
- (b)
- the day-to-day supervision and control of the
activities of the German central administration and
institutions;
- (c)
- the co-ordination of current problems which call
for uniform measures in all three zones;
- (d)
- the preliminary examination and preparation for
the Control Council of all questions submitted by
individual Commanders-in-Chief.
Article 6.
(a) The members of the Control Staff,
appointed by their respective national authorities, will be
organised in the following Divisions:—
Military; Naval; Air; Transport; Political; Economic;
Finance; Reparation, Deliveries and Restitution;
Internal Affairs and Communications; Legal; Prisoners of
War and Displaced Persons; Man-power.
Adjustments in the number and functions of
the Divisions may be made in the light of experience.
(b) At the head of each Division there
will be three high-ranking officials, one from each Power.
The duties of the three heads of each Division, acting
jointly, will include:—
- (i)
- exercising control over the corresponding German
Ministries and German central institutions;
- (ii)
- acting as advisers to the Control Council and,
when necessary, attending meetings thereof;
- (iii)
- transmitting to the German central administration
the decisions of the Control Council, communicated
through the Co-ordinating Committee.
(c) The three heads of a Division will
take part in meetings of the Co-ordinating Committee at
which matters affecting the work of their Division are on
the agenda.
(d) The staffs of the Divisions may
include civilian as well as military personnel. They may
also, in special cases, include nationals of other United
Nations, appointed in their personal capacity.
Article 7.
(a) An Inter-Allied Governing
Authority (Komendatura) consisting of three Commandants, one
from each Power, appointed by their respective
Commanders-in-Chief, will be established to direct jointly
the administration of the “Greater Berlin” area. Each of the
Commandants will serve in rotation, in the position of Chief
Commandant, as head of the Inter-Allied Governing
Authority.
(b) A Technical Staff, consisting of
personnel of each of the three Powers, will be established
under the Inter-Allied Governing Authority, and will be
organised to serve the purpose of supervising and
controlling the activities of the local organs of “Greater
Berlin” which are responsible for its municipal
services.
(c) The Inter-Allied Governing
Authority will operate under the general direction of the
Control Council and will receive orders through the
Co-ordinating Committee.
[Page 127]
Article 8.
The necessary liaison with the Governments of other United
Nations chiefly interested will be ensured by the
appointment by such Governments of military missions (which
may include civilian members) to the Control Council, having
access, through the appropriate channels, to the organs of
control.
Article 9.
United Nations’ organisations which may be admitted by the
Control Council to operate in Germany will, in respect of
their activities in Germany, be subordinate to the Allied
control machinery and answerable to it.
Article 10.
The Allied organs for the control and administration of
Germany outlined above will operate during the initial
period of the occupation of Germany immediately following
surrender, that is, the period when Germany is carrying out
the basic requirements of unconditional surrender.
Article 11.
The question of the Allied organs required for carrying out
the functions of control and administration in Germany in a
later period will be the subject of a separate Agreement
between the Governments of the United States of America, the
United Kingdom and the Union of Soviet Socialist
Republics.
The above text of the Agreement on Control Machinery in
Germany between the Governments of the United States of
America, the United Kingdom and the Union of Soviet
Socialist Republics has been prepared and unanimously
adopted 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 held on 14th November, 1944, and is now submitted to
their respective Governments for approval.
| For the 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: |
|
Philip E. Mosely
|
William Strang
|
Φ. Гyceb
3
|
Lancaster House,
London
, S.W.1.
14th
November, 1944.
