740.00114 EW/2–545
The British Foreign Secretary (Eden) to the Soviet
Foreign Commissar (Molotov)1
secret
[Yalta,] 5th February, 1945.
You will remember that during the Moscow conversations of last
October, I discussed with you and with Marshal Stalin the question of caring
for and repatriating Soviet citizens and British subjects
liberated respectively by Allied forces in the south and west
and by the Soviet forces in the east of Europe.
Since then our two Governments have exchanged Drafts and on 20th
January our Embassy received from your Government a redraft of a
Reciprocal Agreement on this matter.2 We
have examined this redraft and, subject to what is stated below,
I am glad to say that it is generally acceptable. I understand
that a similar draft was put forward to the United States
Government at the same time.3
In view of the integrated character of the Allied Commands in
western and southern Europe, it seems to us essential that any
agreement should be tripartite and cover British and United
States Combined Commands. We have accordingly prepared a redraft
of the text taking as basis your Government’s Draft and making
some amendments to cover this point and also to cover certain
other points where alterations appear to us necessary.
I have brought with me experts on this matter and I would like to
suggest that it should be remitted to them and to experts of
your Government and the United States Government with a view to
reaching a text which is mutually satisfactory to all three
Governments before this Conference breaks up.
On 20th January, your Government also presented to the British
Embassy a redraft of the proposed Agreement covering the
liberated Soviet citizens in the United Kingdom.4 This redraft is also
generally satisfactory, but there are a few points on it which
require clarification and amendment. I would suggest that this
Agreement should
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also
be remitted to the same British and Soviet experts, so that
agreement can be reached upon it during the present
Conference.
I hope very much that you will agree with these suggestions and
will instruct your experts to meet their British and American
colleagues at once. I feel that the conclusion of this Agreement
would be a very happy result of the present Conference and would
give the greatest satisfaction in our two countries where so
many families are affected by them.
I have given a copy of this letter to Mr. Stettinius.
I enclose a copy of the British redraft of the Reciprocal
Agreement.5
His Excellency Monsieur V. M. Molotov
.
[Enclosure]
Redraft of Soviet Government’s Draft
Relating to Prisoners of War and Civilians Liberated by
the Soviet Armies and Allied Armies
Article 1.
All Soviet citizens liberated by forces operating under
Allied Command and British subjects and American citizens
liberated by the Soviet forces will, without delay after
their liberation, be separated from enemy prisoners of war
and will be maintained separately from them in camps or
points of concentration until they have been handed over to
the Soviet or Allied authorities, as the case may be, at
places agreed upon between those authorities.
Allied and Soviet military authorities will respectively take
necessary measures for protection of camps, and points of
concentration from enemy bombing, artillery fire, etc.
Article 2.
The contracting parties shall ensure that their military
authorities shall without delay inform the competent
authorities of the other party regarding citizens or
subjects of the other contracting party found by them, and
will undertake to follow all the provisions of this
agreement. Soviet and Allied repatriation representatives
will have the right of immediate access into the camps and
points of concentration where their citizens or subjects are
located and they will have the right to appoint the internal
administration and set up the internal discipline and
management in accordance with the military procedure and
laws of their country.
Facilities will be given for the despatch or transfer of
officers of their own nationality to camps or points of
concentration where liberated members of the respective
forces are located and there are
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insufficient officers. The outside
protection of and access to and from the camps or points of
concentration will be established in accordance with the
instructions of the military commander in whose zone they
are located, and the military commander shall also appoint a
commandant, who shall have the final responsibility for the
overall administration and discipline of the camp or point
concerned.
The removal of camps as well as the transfer from one camp to
another of liberated citizens will be notified to the
competent Soviet or Allied authorities. Hostile propaganda
directed against the contracting parties or against any of
the United Nations will not be permitted.
Article 3.
Except in so far as the obligations set out in this article
may be affected by obligations undertaken in connection with
the use of UNRRA (or other
agreed relief agencies) the competent Allied and Soviet
authorities will do their utmost in the circumstances
obtaining in any area, and from time to time, to supply
liberated citizens and subjects of the contracting parties
with adequate food, clothing, housing and medical attention
both in camps or at points of concentration and en route,
and with transport until they are handed over to the Soviet
or Allied authorities at places agreed upon between those
authorities. The standards of such food, clothing, housing
and medical attention shall so far as possible be consistent
with the normal practice relating to military rank.
The contracting parties will not demand compensation for
these or other similar services which their authorities may
supply respectively to liberated citizens or subjects of the
other contracting party.
Article 4.
Either of the contracting parties shall be at liberty to use
such of its own means of transport as may be available for
the repatriation of its citizens or subjects held by the
other contracting party. Similarly each of the contracting
parties shall be at liberty to use its own facilities for
the delivery of supplies to its citizens or subjects held by
the other contracting party.
Article 5.
Soviet and Allied military authorities shall make such
advances on behalf of their respective governments to
liberated subjects and citizens of the other contracting
party citizens as the competent Soviet and Allied
authorities shall agree upon beforehand.
Advances made in currency of any enemy territory or in
currency of their occupation authorities shall not be liable
to compensation.
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In the case of advances made in currency of liberated
non-enemy territory, the Soviet and Allied governments will
effect, each for advances made to their citizens or subjects
necessary settlements with the governments of the territory
concerned, who will be informed of the amount of their
currency paid out for this purpose.
Article 6.
Ex-prisoners of war (with the exception of officers) and
civilians of each of the contracting parties may, until
their repatriation, be employed on work in the vicinity of
their camps in furtherance of the common war effort in
accordance with agreements to be reached between the
competent Soviet and Allied authorities. The question of
payment and conditions of labour shall be determined by
agreement between those authorities. It is understood that
liberated members of the respective forces will be employed
in accordance with military standards and procedure.6
Article 7.
The contracting parties shall, wherever necessary, use all
practicable means to ensure the evacuation to the rear of
these liberated citizens and subjects. They also undertake
to use all practicable means to transport liberated citizens
and subjects to places to be agreed upon where they can be
handed over to the Soviet or Allied authorities
respectively. The handing over of these liberated citizens
and subjects shall in no way be delayed or impeded by the
requirements of their temporary employment.
Article 8.
The contracting parties will give the fullest possible effect
to the foregoing provisions of this Agreement, subject only
to the limitations in detail and from time to time of
operational, supply and transport conditions in the several
theatres.