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

[Enclosure]

[Washington,] September 22, 1944.

Directive to SCAEF Regarding the Military Government of Germany in the Period Immediately Following the Cessation of Organized Resistance (Post-Defeat)1

1. In the event that Rankin “C” conditions obtain in Germany or that the German forces are either defeated or surrender before you have received a directive containing policies agreed upon by the three governments of the U. S., U. K., and U. S. S. R., you will be guided by the following policies, principles and instructions.

2. Prior to the defeat or surrender of Germany the primary objective of your civil affairs administration has been to aid and support your military objective: the prompt defeat of the enemy. Your objective now is primarily the occupation and administration of a conquered country with such military operations as are necessary for the complete elimination of all resistance.

3. Pending the receipt of directives containing long range policies, your objectives must be of short term and military character, in order not to prejudice whatever ultimate policies may be later determined upon. Germany will not be occupied for the purpose of liberation but as a defeated enemy nation. The clear fact of German military defeat and the inevitable consequences of aggression must be appreciated by all levels of the German population. The German people must be made to understand that all necessary steps will be taken to guarantee against a third attempt by them to conquer the world. Your aim is not oppression, but to prevent Germany from ever again becoming a threat to the peace of the world. In the [Page 144] accomplishment of this objective the elimination of Nazism and militarism in any of their forms and the immediate apprehension of war criminals for punishment are essential steps.

4. Your occupation and administration will be just but firm and distant. You will strongly discourage fraternization between Allied troops and the German officials and population.

5. You will establish military government over all parts of Germany under your command. Your rights, powers and status in Germany are based upon the unconditional surrender or the complete defeat of Germany.

6. a. By virtue of your position you are clothed with supreme legislative, executive and judicial authority in the areas occupied by forces under your command. This authority will be broadly construed and includes authority to take all measures deemed by you necessary, desirable or appropriate in relation to military exigencies and the objectives of a firm military government.

b. You are authorized at your discretion to delegate the authority herein granted to you in whole or in part to members of your command and further to authorize them at their discretion to make appropriate sub-delegations.

c. You should take the necessary measures to enforce the terms of surrender and complete the disarmament of Germany.

d. The Military Government shall be a military administration which, until you receive further advices, will show the characteristics of an Allied undertaking acting in the interests of the United Nations.

7. The administrative policies shall be uniform throughout those parts of Germany occupied by forces under your command subject to any special requirements due to local circumstances.

8. Representatives of civilian agencies of the U. S., U. K. and U. S. S. R. governments shall not participate unless and until you consider such participation desirable. Representatives of the civilian agencies of other Allied Governments or of UNRRA may participate only upon your recommendation and the approval of the Combined Chiefs of Staff.

9. It is contemplated that a tripartite administration by the U. S., U. K. and U. S. S. R., covering the whole of Germany will be established. You have previously received advices in this connection.

10. You are authorized as SCAEF to enter into arrangements with the U. S. S. R. military commanders as may be necessary for the occupation of Germany by the three powers.

11. Military administration shall be directed toward the promotion of the decentralization of the political structure of Germany. In the administration of areas under your command, all dealings in so far as possible should be with municipal and provincial government officials rather than with Central government officials.

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12. Appendix “A”, Political Directive; Appendix “B”, Financial Directive; Appendix “C”, Economic Directive; and Appendix “D”, Relief Directive, are attached hereto. At Appendix “E” there is a chart suggestive of the tripartite form which military government for Germany might take.2 At Appendix “F”, there is attached the draft instrument of unconditional surrender for Germany.3

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[Washington,] 22 September 1944.

Appendix “A”

Political Directive

1. You will search out, arrest, and hold, pending receipt by you of further instructions as to their disposition, Adolf Hitler, his chief Nazi associates, all persons suspected of having committed war crimes, and all persons who, if permitted to remain at large, would endanger the accomplishment of your objectives. The following is a list of the categories of persons to be arrested in order to carry out this policy. If after you have entered the country and in the light of conditions which you encounter there you do not believe all of these persons should be subjected immediately to this treatment, you should report back giving your recommendations and the reasons therefor.

(a): Officials of the Nazi party and of units or branches of the Nazi party, down to and including the leaders of local party units, as well as officials of equivalent stature in associations affiliated with the Nazi party;
(b): All political police, including the Gestapo and Sicherheitsdienst der S. S.;
(c): The officers and non-commissioned officers of the Waffen S. S. and all members of the other branches of the S. S.
(d): All high officials of the police and of the SA;
(e): The leading officials of all ministries and other high political officiais of Germany and those persons who have held high positions, either civil or military, in the administration of German occupied countries;
(f): Nazis and Nazi sympathizers holding important and key positions in (1) National and Gau4 civic and economic organizations; (2) corporations and other organizations in which the government has a major financial interest; (3) industry; (4) finance; (5) education; (6) judiciary; (7) the press, publishing houses and other agencies disseminating news and propaganda. It may generally be assumed in the absence of evidence to the contrary that any persons holding such positions are Nazis or Nazi sympathizers;
(g): All judges, prosecutors and officials of the People’s Court;
(h): Any national of any of the United Nations who is believed to have committed offenses against his national law in support of the German war effort;
(i): Any other person whose name or designation appears on lists to be submitted to you or whose name may be notified to you separately.

Of equal if not greater importance in the ultimate destruction of German Militarism is the elimination of the German Professional Officer Corps as an institution. All General Staff Corps officers who are not taken into custody as prisoners of war should therefore be arrested and held pending receipt of further instructions as to their disposition. You will receive further instructions as to how to deal with other members of the German Officers Corps.

2. If in your opinion it would be of aid in carrying out the above program and the other purposes of your occupation, you may issue such regulations dealing with the registration and identification of persons within Germany as you deem advisable.

3. You will issue a proclamation dissolving the Nazi party and its affiliates. Every possible effort should be made, to prevent any attempts to reconstitute them in underground or disguised form. You will abrogate the laws establishing the political structure of National Socialism and will take all necessary measures to uproot and discredit Nazi doctrines. No secret organizations or societies of any kind shall be permitted. Property, real and personal, of the Nazi party and its affiliates, wherever found, shall be taken into custody and may be used for such purposes as you may direct. You may require health or welfare organizations which were set up by the Party but which are of direct benefit to the people to transfer their functions and personnel, purged of Nazi elements and practices, to new organizations formed to carry out such functions.

4. You will make special efforts to preserve from destruction all records and plans of the following:

(a): The central German government, German military organizations, organizations engaged in military research, and such other governmental agencies as you may deem advisable.
(b): The Nazi party and affiliated organizations.
(c): All police organizations, including security and political police.
(d): Nazi economic organizations and industrial establishments.
(e): Institutes and special bureaus established in Germany, devoting themselves to race, political, or similar research.

You may seize and remove such of these records as you may deem desirable or as you may be instructed by subsequent directive.

5. You will take immediate steps to abrogate all laws, decrees, regulations or aspects thereof, which discriminate on the basis of race, color, creed, or political opinions. All persons who are detained or placed in custody by the Nazis on these grounds will be released, subject to the interests of the individuals concerned. You will take steps to insure that such people, if not released, are provided with adequate clothing, food and quarters.

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6. The criminal and civil courts of Germany will be closed. After the elimination of all Nazi elements, at such time and under such regulations, supervision and control as you may determine, you may permit the courts to resume functioning. You will retain full power of review and veto of all courts which are allowed to function. All politically objectionable courts; e. g., People’s Courts, will be abolished. Criminal and ordinary police, and such others as it may be proper to retain, under appropriate supervision, must be purged of Nazi or otherwise undesirable elements, who will also be arrested and held for disposition.

7. No person in Germany, other than United Nations nationals as authorized by you, shall be permitted to possess arms of any character except that such local police as you may utilize to maintain order may be armed with such law enforcement weapons as you may deem appropriate.

8. a. All members of the Nazi party and ardent supporters of Naziism will be removed immediately from all government positions (other than clerks and non-policy making functionaries) and from all leading positions in industry, banking, education, judiciary, and other public services. Under no circumstances shall such persons be retained in such offices for the purpose of administrative convenience or expediency.

b. You will decide whether the objectives of military government are better served by the appointment of officers of the occupation forces or by the use of the services of Germans who have been cleared by the security branches of the Allied armies. Failure by such Germans as are permitted to fill Government posts to conform with Allied directives and instructions will be cause for removal and such punishment as you may deem advisable.

9. Subject to the provisions of paragraph 11 and to the extent that military interests are not prejudiced, freedom of speech and press, and of religious worship, will be permitted. Consistent with military necessity, all religious institutions will be respected and all efforts will be made to preserve historical archives, classical monuments and fine arts, except that all archives, monuments and museums of Nazi inception, or which are devoted to the perpetuation of German militarism shall be seized, closed, and their properties held pending further instructions.

10. a. Prisoners of war belonging to the forces of the United Nations and associated nations will be freed from confinement and placed under military control or restriction as may be appropriate pending other disposition.

b. All allied nations nationals who have been removed to Germany under duress to serve in labor battalions, or any other units organized by the Nazis, after identification will be repatriated in accordance with [Page 148] the regulations to be established after consultation with the government of the country concerned. Pending repatriation, such persons should be adequately taken care of and, if you deem it advisable, their freedom of movement restricted. Former prisoners of war released by the Axis may be found among the forced laborers. They should be identified and requests addressed to their respective military commands for instructions as to their disposition.

c. All allied civilians resident or interned in Germany as a result of their presence in that country upon the outbreak of war shall be identified, examined closely and may, if you deem it advisable, be placed under restricted residence. These people will be dealt with in accordance with instructions to be furnished you by their respective governments. In general, all practical measures will be taken to insure the health and welfare of United Nations nationals, including provision for employment as authorized and practicable, and repatriation should be undertaken as rapidly as military conditions permit.

d. All Japanese diplomatic and consular officials will be taken into protective custody and held for further disposition. All other Japanese nationals will be interned. All nationals of other countries with which any of the United Nations are or have been at war (except Germany) will be identified and registered and may be interned or their activities curtailed as may be necessary under the circumstances. Diplomatic and consular officials of such countries will be taken into protective custody and held for further disposition.

e. All German diplomats and consular officials and other agents will be recalled. If their recall cannot be effected or if their recall is not practicable by reasons of nationality, their authority as agents for Germany will be terminated. All records and files of these agents and officers will be ordered returned to Germany or otherwise made available for appropriate inspection.

f. Nationals of neutral countries must register with the appropriate military authorities. Every facility and encouragement will be given these people to return to their home countries, except those neutrals who have actively participated in any way in the war against any one of the United Nations in which event they will be detained, pending receipt by you of further instructions as to their disposition. Neutral nationals will be accorded no special privileges of communication or business relationships with their home countries or people resident outside Germany. You shall place such restrictions on neutrals entering Germany as you deem advisable. Diplomatic and consular officials of neutrals are to be dealt with in accordance with instructions which will hereafter be issued.

11. a. Propagation of Nazi doctrines and Nazi propaganda in any form shall be prohibited. All schools and universities will be closed. Elementary schools should be reopened as soon as Nazi personnel have [Page 149] been eliminated and text-books and curricula provided which are free of Nazi or militaristic doctrines. Steps should be initiated to prepare satisfactory text-books and curricula and obtain teaching personnel free of any taint of Naziism or militarism for secondary schools. You should report to the C. C. S. prior to reopening secondary schools. Further guidance on German education and schools will be given to you in a separate directive.

b. No political activities of any kind shall be countenanced unless authorized by you. No political personalities or organized political groups shall have any part in determining the policies of the military administration. It is essential to avoid any commitments to any political elements.

c. The publication of all newspapers, magazines, journals and other publications and the operation of all German radio stations and the dissemination of news or information by mail, movies, telephone, cable or other means throughout the area under your command will be suspended. Thereafter, you will permit the dissemination of news or information subject to such censorship and control as you consider necessary in the interests of military security and intelligence and to carry out the principles laid down in this directive.

12. No person shall be permitted to leave or enter the area under your command without your authority.

13. No German parades, military or political, civilian or sports, shall be permitted anywhere in Germany. No German military music, or German national or Nazi anthems shall be played or sung in public or before any groups or gatherings. Public display of German national or Nazi flags and other paraphernalia of Nazi or affiliated organizations shall be prohibited. All flags, publications, other paraphernalia, records, documents and publications in the offices of the Nazi party or affiliated organizations shall be seized and amounts shall be set aside to distribute to approved foreign museums and the remainder will be held for disposition under the direction of the Combined Chiefs of Staffs.

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[Washington,] 22 September 1944.

Appendix “B”

Financial Directive

1. United States, British and other Allied forces will use Allied Military marks and Reichsmark currency or coins in their possession. Allied Military marks and Reichsmark currency and coin now in circulation in Germany will be legal tender without distinction and will be interchangeable at a rate of 1 Allied Military mark for 1 Reichsmark. Records will be kept of the amounts of the German [Page 150] marks used by the forces of each nation. Reichskreditkassenscheine and other German Military currency will not be legal tender in Germany.

2. In the event, however, that for any reason adequate supplies of Allied Military marks and/or Reichsmarks are not available, the United States forces will use yellow seal dollars and regular United States coins and the British forces will use British Military authority notes and regular British coins. Records will be kept of the amounts of currencies used by the United States and British forces.

3. If it is found necessary to use U. S. yellow seal dollars and BMA notes, the following provisions will apply to such use:

a.: The rate of exchange between the U. S. yellow seal dollar and the BMA notes will be 4.035 dollars to one pound, and the two currencies will be interchangeable at that rate. The United States Treasury will make the necessary arrangements with the British Treasury.
b.: You will issue a proclamation, if necessary, requiring all persons to accept U. S. yellow seal dollars and BMA notes at the decreed rates. Transactions at any other rates will be prohibited.
c.: The issuance of yellow seal dollars and BMA notes will cease and Allied Military mark and/or Reichsmark currency will be used in their place as soon as available.
d.: U. S. yellow seal dollars and BMA notes will be withdrawn from circulation as soon as such withdrawal can be satisfactorily accomplished.
e.: Records will be kept of the amounts of such currencies used by the United States, British and other Allied forces.

4. The rate of exchange to be used exclusively for pay of troops and military accounting purposes will be —— marks to the dollar and —— marks to the pound sterling. A general rate of exchange may be furnished to you later. Holders of mark currency or deposits will not be entitled to purchase foreign exchange without special permission. They will obtain dollars or pounds, or any other foreign currency or foreign exchange credits, only in accordance with exchange regulations issued by you.

5. The Financial Division of the Civil Affairs Section for Germany will include in its functions the control of all funds to be used by the Allied Military Forces within the area, except yellow seal dollars and BMA notes which will be under the control of U. S. and British forces respectively. It will maintain all the accounts and records necessary to indicate the supply, control, and movement of these currencies including yellow seal dollars and BMA notes, and other funds, as well as financial data required for the determination of expenditures arising out of operations or activities involving participation of Allied Military forces.

a.: Insofar as operations relate to the provisions of currencies for the pay and other case [cash?] requirements of military components of [Page 151] the Allied forces, the Financial Division will supply Allied Military marks from currency on hand and will record the debit against the military force concerned at the rate of exchange prescribed in paragraph 4 above.
b.: Insofar as operations relate to the provision of currencies for civil administration, the Finance Division will supply Allied Military marks from currency on hand and will record the debit against the Allied Military Government.
c.: If found practicable and desirable, you will designate, under direct military control and supervision, the Reichsbank, or any branch thereof, or any other bank satisfactory to you, as agent for the Financial Division of the Civil Affairs Section. When satisfied that the Reichsbank, or any branch thereof, or other designated bank, is under adequate military control and supervision, you may use that bank for official business. It is not anticipated that you will make credits available to the Reichsbank or any other bank. However, if in your opinion, such action becomes essential, you should report the facts to the C. C. S. for further instructions.
d.: The records of the Financial Division of the Civil Affairs Section established within the area will indicate in all cases in what currency receipts were obtained or disbursements made by the Financial Division.

6. You will take the following steps and will put into effect only such further financial measures as you may deem to be necessary from a strictly military occupation standpoint:

a.

Banks should be placed under such control as deemed necessary by you in order that adequate facilities for military needs may be provided and to insure that instructions and regulations issued by military authorities will be fully complied with. Banks should be closed only long enough to introduce satisfactory control, to remove Nazi elements and other objectionable personnel, and to issue instructions for the determination of accounts to be blocked under paragraph c below.

b.

You may at your discretion close all stock exchanges and similar financial institutions for such period as you may deem desirable.

c.

Pending determination of future disposition, all gold, foreign currencies, foreign securities, accounts in financial institutions, credits, valuable papers and all similar assets held by or on behalf of the following, will be impounded or blocked and will be used or otherwise dealt with only as permitted under licenses or other instructions which you may issue:

(1): German national, state, provincial, and local governments, and agencies and instrumentalities thereof.
(2): Other enemy governments, the agencies and instrumentalities thereof and their Nationals.
(3): Owners and holders, including neutral and United Nations Governments or national authorities, absent from the areas of Germany under your control.
(4): Nazi party organizations, including the party formations, affiliates, and supervised associations, and the officials thereof and key figures in public or party life who actively supported Naziism.
(5): Persons under detention or other types of custody by Allied Military authorities and other persons whose activities are hostile to the interests of the military government.

d.

No governmental or private bank or agency will be authorized to issue banknotes or currency except that, if found practicable and desirable, you may so authorize the Reichsbank and the Rentenbank when they are under adequate military control and supervision.

e.

You may, at your discretion, issue a proclamation prohibiting or prescribing regulations regarding transfers of or other dealings in private or public securities.

7. All dealings in gold and foreign exchange and all foreign financial and foreign trade transactions of any kind, including all exports and imports of currency, will be prohibited except as permitted under such regulations as you may issue relative thereto. Except as you may otherwise authorize, local banks will be permitted to open and operate only mark accounts, but if yellow seal dollars and BMA note are legal tender, they may be accepted at the decreed general rate of exchange and will be turned in as directed by you in exchange for mark currency at the decreed general rate of exchange.

8. Non-yellow seal U. S. dollar notes and regular British pound notes will not be legal tender. No person, agency or bank engaged in the exchange of money will acquire or otherwise deal in those notes except as you may so authorize. U. S. Army and Navy Finance Officers and British Paymasters may, however, be authorized to accept non-yellow seal U. S. dollar notes and regular British pound notes from United States and British Military or authorized personnel for conversion into Allied Military mark or Reichsmark currency at the decreed general rate of exchange, after satisfying themselves as to the source of the notes.

9. No military pensions (except for physical disability limiting the pensioner’s ability to work) shall be paid. Nor shall any pensions or other emoluments be paid for membership in or services to the Nazi party or affiliated organizations.

10. The railways, postal, telegraph and telephone service, radio and all government monopolies will be placed under your control and their revenues made available to the military government.

11. Taxes discriminating on the basis of race, color, creed, or political opinions shall be abolished.

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[Washington,] 22 September 1944.

Appendix “C”

Economic Directive

1. You shall assume such control of existing German industrial, agricultural, utility, communication and transportation facilities, supplies, and services, as are necessary for the following purposes: [Page 153]

a.: Assuring the immediate cessation of the production, acquisition or development of implements of war;
b.: Assuring, to the extent that it is feasible, the production and maintenance of goods and services essential (1) for the prevention or alleviation of epidemic or serious disease and serious civil unrest and disorder which would endanger the occupying forces and the accomplishment of the objectives of the occupation; and (2) for the prosecution of the war against Japan (but only to the extent that specific directives of higher authority call for such goods or services).
c.: Preventing the dissipation or sabotage of German resources and equipment which may be required for relief, restitution, or reparation to any of the allied countries, pending a decision by the appropriate Allied governments whether and to what extent German resources or equipment will be used for such purposes.

Except for the purposes specified above, you will take no steps looking toward the economic rehabilitation of Germany nor designed to maintain or strengthen the German economy. Except to the extent necessary to accomplish the purposes set out above, the responsibility for such economic problems as price controls, rationing, unemployment, production, reconstruction, distribution, consumption, housing or transportation will remain with the German people and the German authorities.

2. You will make a survey to determine the extent to which local productive capacity and local supplies are or can be made available for export for relief and rehabilitation in the devastated areas of Europe or for such other purposes as may later be determined.

3. You will take such steps as are necessary to protect from destruction by the Germans, and maintain for such ultimate disposition as you may be directed to make by the Combined Chiefs of Staff, all plants, property, patents and equipment and all books and records of large German industrial companies and trade and research associations that have been essential to the German war effort and the German economy. In this connection you will pay particular attention to research and experimental establishments of such concerns.

4. You should take measures to prevent transfers of title of real and personal property intended to defeat, evade or avoid the orders, proclamations or decrees of the military government or the decision of the courts established by it.

5. Substantial amounts of private and public property of various categories have been seized, looted or otherwise improperly acquired by various Nazi officials and organizations. While it is contemplated that a suitable commission will ultimately deal with this problem, you should take such steps as may be practicable to collect any available information as to property of this kind and to preserve any such property found in the area under your control.

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6. a. All property in the German territory belonging to any country with which any of the United Nations are, or have been at war may be controlled, subject to such use thereof as you may direct.

b. Your responsibility for the property of the United Nations, other than U.K. and U.S., and their nationals, in areas occupied by Allied forces shall be the same as for the property of U.K. and U.S. and their nationals, except where a distinction is expressly provided by treaty or agreement. Within such limits as are imposed by the military situation you should take all reasonable steps necessary to preserve and protect such property.

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[Washington,] 22 September 1944.

Appendix “D”

Relief Directive

1. You will be responsible for the provision and distribution of supplies for civilian relief only to the extent necessary to prevent disease and such disorder as might endanger or impede military occupation. For this purpose you will make maximum use of supplies, stockpiles and resources available within Germany in order to limit the extent to which imports, if any, will be required. German import requirements shall be strictly limited to minimum quotas of critical items and shall not, in any instance, take precedence over fulfillment of the supply requirements of any liberated territory.

2. German food and other agricultural supplies will be utilized for the German population. However, it will be necessary to hold German consumption to a minimum so as to increase to the maximum the surplus of agricultural products which can be made available to the devastated countries of Europe. You will report on any surpluses that may be available with regard for which separate instructions will be issued.

3. You will permit the German authorities to maintain or reestablish such health services and facilities as may be available to them under the circumstances. In the event that disease and epidemics should threaten the safety of Allied troops or endanger or impede military occupation, you shall take such steps as you deem necessary to protect the health of Allied troops and to eradicate sources of contamination.

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

The Secretary of State to the Officer in Charge of the American Mission in the United Kingdom