Foreign Relations of the United States: Diplomatic Papers, 1945, General: Political and Economic Matters, Volume II

840.50 UNRRA/12–3145: Telegram

The Ambassador in the United Kingdom (Winant) to the Secretary of State

London, December 31, 1945—5 p.m.
[Received January 1, 1946—6:30 a.m.]

13706. For Gilpatric. UNRRA Series No. 15.

1. Ward, general counsel for UNRRA, his legal adviser, and Simon, Legal adviser UNRRA HQ, Frankfurt, formally expressed their concern at the position War Dept has taken in negotiations on the agreement between UNRRA and Commanding General USFET³⁴ concerning UNRRA responsibilities for displaced persons in US zone Germany.³⁵

2. An agreement has been signed with British for their zone.³⁶ French agreement has not yet been signed because French want UNRRA to take responsibility for procurement of supplies although French are willing to pay for them. Ward thinks French may feel that if they have responsibility for procurement, some supplies might have to come from their own allocations. Negotiations are continuing with French.³⁷

3. In regard to US zone USFET approved draft agreement along lines of British agreement and this draft was sent to War Dept. War Dept made substantial amendments which UNRRA accepted in principle around beginning of November. War Dept draft was then sent to USFET who took it up with Mirgaa [UNRRA?] in Germany. UNRRA then decided draft could not be accepted.

4. In original draft UNRRA undertakes denned responsibilities for care, control and movement of United Nations displaced persons in US zone. In War Dept draft all responsibility rests with the Commanding General and UNRRA undertakes to perform certain functions. The purpose of the former is stated as follows: “The object of this agreement is to state the relationship and respective responsibilities of UNRRA and Commanding General USFET in the care, control and movement of United Nations displaced persons and those assimilated to them in status in the United States zone of Germany.” The corresponding sentence in War Dept draft reads: “The object of this agreement is to state the relationship of UNRRA to the Commanding General USFET in the discharge of this responsibility for the care, control and movement of United Nations displaced persons and those assimilated to them in status in the United States zone of Germany.”

5. The alterations in the original agreement flowing from the elimination of any “responsibility” belonging to UNRRA are important particularly in paragraph 3. The beginning of the paragraph reads as follows in original draft: “As of the date when this agreement becomes effective UNRRA, subject to the laws, general orders, rules and regulations of the Commanding General, USFET and to the resolutions of the UNRRA Council, will assume responsibility for functions relating to the care, maintenance, rehabilitation and disposition of displaced persons within the United States zone etc.” Same sentence in War Dept draft reads: “The Commanding General USFET retains overall responsibility for the care, control and movement of displaced persons in the US zone. UNRRA subject to the laws, general orders, rules and regulations, directives and overall supervision of the Commanding General USFET will to the extent permitted by the resolutions of the UNRRA Council perform designated functions relating to displaced persons within the US zone etc.” In addition the following sentence is omitted from War Dept’s draft in paragraph 3 (a). “UNRRA’s duties in the administration of assembly centers will include the determination whether displaced persons fall within the categories whom UNRRA is authorized to assist the control of admission to assembly centers and the disposition of displaced persons.” Other amendments are of similar nature.

6. UNRRA does not want to sign an agreement that puts it in a worse position in US zone than it has obtained in British zone. It cannot understand War Dept attitude in view of the fact that UNRRA is administering higher proportion of camps in US zone than in any other zone and that US army personnel are being rigidly withdrawn from Germany.

7. If draft as proposed by the War Dept comes before CCE it will face a storm of protest. There has always been insistent pressure from Allies that UNRRA be given clearly defined responsibilities. Rkndel [Rendel?] will attack it strongly and at great length and we shall be hard pressed to explain US position. We hope War Dept may be persuaded to modify its position. If this is not possible please let ns know urgently the reasons for its amendments. Next CCE meeting is January 11 and matter may come up then. In meantime Penrose³⁸ will discuss question with UNRRA and USFET in Germany.

Winant

34. United States Forces, European Theater.
35. For text of Agreement as to the Relationship of the Commanding General, USFET, in the United States Zone of Germany to UNRRA, signed on February 19, 1946, see Woodbridge, UNRRA, vol. iii, p. 201.
36. November 27, 1945.
37. A French agreement was signed on February 18, 1946.
38. Ernest Penrose, Adviser, Third Session of UNRRA Council.