Foreign Relations of the United States: Diplomatic Papers, 1945, European Advisory Commission, Austria, Germany, Volume III

862.30/12–645

Report of the Tripartite Naval Commission to the Governments of the United States, United Kingdom, and the Soviet Union, Recommending the Allocation of the German Surface Navy and the German Submarine Fleet

Berlin, 6 December, 1945.

INDEX

Section A. Report of proceedings of the Tripartite Naval Commission.

Section B. Recommendations of the Tripartite Naval Commission.

Section C. Recommendations of the Tripartite Naval Commission subject to reservation by the representatives of the United Kingdom.

Section D. Disagreement of the Tripartite Naval Commission.

Section E. Appendices.³⁸

1. Recommendations of the Tripartite Naval Commission concerning allocation of specific ships and craft of the German surface navy and submarine fleet, with lists of these ships and craft.

2. Recommendations of the Tripartite Naval Commission concerning destruction and cannibalization of ships and craft in category “C”, and of unallocated submarines, with lists of these ships and craft.

3. List of German naval ships and craft, not included in categories “A”, “B”, and “C”, which have been sunk, destroyed, or scuttled since 1 September 1939, and list of German naval ships and craft not accounted for.

4. List of ships originally classed as part of the German navy and now determined to fall within the category of merchant ships.

5. List of warships and merchant vessels of allied registry requisitioned by the German Government.

6. Recommendations of the Tripartite Naval Commission concerning method of providing supplies and spare parts other than armament stores.

7. Recommendations of the Tripartite Naval Commission concerning method of supplying armament stores.

8. Recommendations of the Tripartite Naval Commission concerning method of supplying technical documents.

9. Recommendations of the Tripartite Naval Commission concerning allocation of German naval floating cranes and sheerlegs, naval barges and lighters, naval harbor servicing vessels, naval tugs of four hundred and fifty horsepower and under, subject to British reservation.

10. List of German floating docks and pontoons.

Section A. Report of Proceedings of the Tripartite Naval Commission

1. The Government of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, agreed at the conference held at Berlin between 17 July and 2 August, 1945, to “constitute a Tripartite Naval Commission comprising two representatives for each Government, accompanied by the requisite staff, to submit agreed recommendations to the Three Governments for the allocation of specific German warships and to handle other detailed matters arising out of the agreement between the Three Governments regarding the German fleet.”³⁹

2. As authorized by the above agreement, a Tripartite Naval Commission comprising two representatives of each Government was established. The representatives were:

Admiral G. I. Levchenko	U.S.S.R.
Engineer Rear Admiral N. V. Alekseev	U.S.S.R.
Vice Admiral Sir Geoffrey J. A. Miles, K.C.B.	U.K.
Rear Admiral W. E. Parry, C.B	U.K.
Vice Admiral R. L. Ghormley, U.S. Navy	U.S.A.
Commodore H.J. Ray, U.S. Navy	U.S.A.

3. The Tripartite Naval Commission met in the city of Berlin, at the Headquarters of the Allied Control Authority, between 14 August and 6 December, 1945.

4. The Tripartite Naval Commission established a Technical Subcommittee to prepare lists of German naval ships and craft subject to allocation. The members of the Technical Subcommittee were:

Engineer Rear Admiral N. V. Alekseev	U.S.S.R.
Engineer Captain First Rank V. I. Golovin	U.S.S.R.
Lieutenant Commander G. R. G. Watkins, D.S.O., D.S.C., R.N	U.K.
Captain A. H. Graubart, U.S. Navy	U.S.A.
Lieutenant G. A. Ivers, U.S. Naval Reserve	U.S.A.

5. The Tripartite Naval Commission agreed that a combined inspection of German naval ships and craft should be made simultaneously by representatives of the Union of Soviet Socialist Republics, the United Kingdom, and the United States of America. The inspecting parties examined German naval ships and craft in Germany, Poland, Denmark, Norway, the United Kingdom, Canada, the United States of America, and the ports of Liepaja (Libau) and Königsberg.

6. The Triparite Naval Commission requested their respective Governments to arrange that German naval ships and craft in neutral ports should proceed to the nearest German ports for inspection.

7. The inspecting parties submitted to the Technical Subcommittee lists of German naval ships and craft, divided into three categories of operability:

Category “A”:	Naval ships and craft operable with no repairs.
Category “B”:	Naval ships and craft operable after repairs requiring up to six months.
Category “C”:	Naval ships and craft which were inoperable or those ships and craft whose construction or repair could not be completed within six months.

8. The Technical Subcommittee listed by types the German naval ships and craft in categories “A” and “B”, and divided the ships and craft into three equally balanced groups. These recommended allocations were presented by the Technical Subcommittee to the Tripartite Naval Commission.

9. The Tripartite Naval Commission considered and accepted, subject to certain British reservations (stated in Section C), the recommendations of the Technical Subcommittee. Allocation of the three groups was made by the drawing of lots. Thereafter, bilateral exchanges of individual ships and craft were made as desired. (Appendix 1⁴⁰)

10. Due to unforeseen and abnormal conditions such as reduction by seventy-five percent of fuel and power, working conditions in damaged buildings during winter months, minimum rations for labor, and scarcity of spare parts and material, the Triparite Naval Commission agreed to interpret the time limit established in the naval provisions of the report of the Berlin Conference for the completion or repair of German ships and craft specifically as it applied to twenty-four destroyers and, in general, to other ships and craft in category “B”, to mean that within the said time limit those ships should be repaired sufficiently to steam, and that sufficient available spare parts and materials be placed on board to effect a complete refit after the ship reached a port of the nation to which it was allocated.

11. The Tripartite Naval Commission agreed that German ships and craft listed in category “C” and all unallocated submarines should be destroyed. Stores and spare parts not available elsewhere may be taken from ships and craft specified in paragraph 8 of Appendix 2 before their destruction, up to the allowance of the relevant German naval rate books. The Tripartite Naval Commission further agreed to request their Governments to arrange that German naval ships and craft in category “C” at present in the territorial waters of other countries be sunk or destroyed by the governments of the countries concerned. (Appendix 2⁴¹)

12. The Tripartite Naval Commission prepared a list of ships and craft which were originally classed by the Commission as components of the German navy and were later determined to fall within the category of merchant ships, and which were, therefore, not subject to allocation by the Commission. (Appendix 4⁴¹)

13. The Tripartite Naval Commission accepted a list, prepared by the British representatives, of warships and merchant vessels of allied registry under British cognizance which had been requisitioned by the German government and used for military purposes. The Commission agreed that these ships and craft should be returned to their nation of registry in the name of the Three Governments. The British representatives agreed to accept responsibility for the accuracy of the list based on the best evidence available, and for the execution of the transfers without prejudice to any subsequent legal proceedings which my [may] be raised. Should any of these ships and craft subsequently be determined to be of German registry they shall be subject to allocation by the senior naval officers in Germany representing each of the Three Government. (Appendix 5⁴¹)

14. The Tripartite Naval Commission was unable to establish exactly the location, condition, and ownership of various ships and craft which had appeared on lists of the German navy. The Commission agreed that the senior naval officers in Germany representing each of the Three Governments should be directed to continue until 15 February 1946 the search for these ships and craft, and to obtain further information about them. (Appendix 3⁴¹)

15. The Tripartite Naval Commission agreed that stores shall be supplied to German ships and craft recommended for allocation, and agreed upon the allocation of responsibility for this supply. Stores, in this connection, include armament stores, supplies and spare parts, and technical documents. (Appendices 6, 7, and 8)⁴²

16. The Tripartite Naval Commission considered the disposal of German naval river craft. The Commission agreed that these craft do not come under the cognizance of the Tripartite Naval Commission.

Section B. Recommendations of the Tripartite Naval Commission

The Tripartite Naval Commission agrees and recommends that:

1. Specified ships and craft of the German surface navy and submarine fleet be allocated in accordance with Appendix l.⁴³

2. German naval ships and craft not allocated be destroyed in accordance with Appendix.⁴⁴

3. Search for further information on the location, condition, and ownership of German naval ships and craft (enumerated in the second list of Appendix 3⁴⁴) should be continued until 15 February 1946, and that any such ships and craft discovered be allocated by the three senior naval officers in Germany representing each of the Three Governments in accordance with the naval provisions of the report of the Berlin Conference and the provisions of the report of the Tripartite Naval Commission.

4. Upon approval of the report of the Tripartite Naval Commission, but not later than 15 February 1946, the Three Governments request simultaneously that German naval ships and craft in category “C” at present in the territorial waters of other countries be sunk or destroyed by the governments of the countries concerned in accordance with appendix 2.

5. The list of warships and merchant vessels of allied registry which had been requisitioned by the German government and used for military purposes be accepted. The Commission further recommends that these ships and craft be returned to their nation of registry, in the name of the Three Governments, by the British Government, in accordance with Appendix 5.

6. German naval ships and craft recommended for allocation be provided with armament stores, supplies and spare parts, and technical documents in accordance with Appendices 6, 7, and 8.

7. German naval river craft be excluded from consideration by the Commission.

8. Each Government inform the other two Governments of the completion of transfer or destruction of ships and craft for which it is responsible, including the transfer of German naval ships and craft in categories “A” and “B”, the destruction of German naval ships and craft in category “C” and of unallocated submarines, and the transfer of warships and merchant vessels of allied registry.

9. The Tripartite Naval Commission be dissolved on the date of approval of this report.

10. After the dissolution of the Tripartite Naval Commission, the senior naval officers in Germany representing each of the Three Governments be authorized to handle jointly any matters which may arise from the agreement between the Three Governments regarding the German fleet.

Section C. Recommendations of the Tripartite Naval Commission Subject to Reservation by the Representatives of the United Kingdom

1. The Tripartite Naval Commission recommends, subject to reservation by the representatives of the United Kingdom set forth in paragraph 2 below, the allocation of German naval floating cranes and sheerlegs, naval barges and lighters, naval harbor servicing vessels, and naval tugs of four hundred and fifty horsepower and under, as indicated in paragraph 4 below.

2. The representatives of the United Kingdom state that German naval floating cranes and sheerlegs, naval barges and lighters, and naval harbor servicing vessels do not form part of the German surface navy (see paragraph 1 of part A of the naval provisions of the report of the Berlin Conference⁴⁵) but should be considered as part of the equipment of a naval shore establishment and, therefore, are not subject to allocation by the Tripartite Naval Commission. The British representatives further maintain that non-seagoing tugs are also part of the equipment of a naval shore establishment and are not, therefore, subject to allocation by the Commission. For the purposes of the Commission, the British representatives agree to tugs of over four hundred and fifty horsepower being considered as seagoing and, therefore, subject to allocation. The tugs Kvasefjord, Sperling, Tromsdalen, and Bornhoved, although under four hundred and fifty horsepower, are considered an exception to this principle and hence subject to allocation as seagoing.

3. The representatives of the Union of Soviet Socialist Republics and the United States of America disagree with the assertion of the representatives of the United Kingdom, and agree that these ships, craft, and equipment are a part of the German surface navy and, therefore, are subject to allocation by the Commission.

4. If the Three Governments agree that these vessels, craft, and equipment are subject to allocation, the allocation shown in Appendix 9⁴⁶ is recommended by the Commission.

Section D. Disagreement of the Tripartite Naval Commission

1. The Tripartite Naval Commission disagrees on the subject of German naval floating docks.

2. The representatives of the United Kingdom refuse to consider the division of German naval floating docks for the following reasons:

a. Floating docks are not part of the German surface navy and should, therefore, not be divided by the Tripartite Naval Commission, but should be allocated elsewhere, probably by the Reparations Commission.

b. Floating docks are very valuable equipment and should not be divided by anybody by any arbitrary rule.

c. A sunken floating dock can usually be raised and with its long life of usefulness is potentially of much the same value as a similar one now afloat.

d. The floating docks in question vary in age and equipment, and the proposal to divide them on the basis of tonnage lift is unfair. They should be divided on a valuation basis after expert inspection. No inspection of any kind of German floating docks has so far been made by the tripartite naval inspecting parties with the exception of a partial inspection of some docks in Norway and Denmark.

3. The representatives of the Union of Soviet Socialist Republics and the United States of America disagree with the statement of the representatives of the United Kingdom, and agree that German naval floating docks are a part of the German surface navy and, therefore, are subject to allocation by the Commission. They maintain that no more detailed appraisal is required for the allocation of naval floating docks than was required for the components of the German surface navy recommended for allocation; they maintain that sunken naval floating docks are properly excluded from a proposed allocation because they cannot be repaired within the time limit imposed by the naval provisions of the report of the Berlin Conference; they further maintain that tonnage lifting capacity is a suitable basis for allocation.

4. The Tripartite Naval Commission, being unable to come to an agreement on the subject of German naval floating docks, refers this question to the Three Governments for decision. A complete list of German floating docks, showing whether they are considered naval or commercial, appears in Appendix 10.⁴⁷

The foregoing document, and the appendices thereto, numbering in all 90 pages, is drawn up in the Russian and English languages. The text in each language is an original text and is of equal authenticity.

Senior Representative, Union of Soviet Socialist Republics

G. I. Levchenko

Admiral
Representative, Union of Soviet Socialist Republics

N. V. Alekseev

Engineer Rear Admiral
Senior Representative, United Kingdom of Great Britain and Northern Ireland

G. J. A. Miles

Vice Admiral
Representative, United Kingdom of Great Britain and Northern Ireland

W. E. Parry

Rear Admiral
Senior Representative, United States of America

R. L. Ghormley

Vice Admiral
Representative, United States of America

H. J. Ray

Commodore

38. None printed.
39. Quotation is from the Protocol of the Proceedings of the Berlin Conference, August 1, 1945; for text, see Conference of Berlin (Potsdam), vol. ii, pp. 1478, 1487.
40. Not printed.
41. Not printed.
41. Not printed.
41. Not printed.
41. Not printed.
42. None printed.
43. Not printed, but for a summary list of the ships allocated, see the memorandum by the Chairman of the State-War-Navy Coordinating Committee (Dunn), January 2, 1946, p. 1519.
44. Not printed.
44. Not printed.
45. Conference of Berlin (Potsdam), vol. ii, p. 1487.
46. Not printed.
47. Not printed.