740.00119 EAC/5–145: Telegram

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

4420. Cornea 228. At tonight’s meeting of the EAC it was unanimously agreed in principle to prepare a draft proclamation which could be issued in place of the surrender instrument in case there should be no central power or authority in Germany capable of signing the surrender. It was unanimously reaffirmed that the unconditional surrender instrument remains in force as among the 4 powers.

Strang advanced his draft proclamation, EAC 45/28 transmitted in my despatch No. 22112 of April 2, together with his EAC 45/42 of April 2094 proposing an addition regarding apprehension of war criminals. He also proposed addition of words “and have unconditionally surrendered” at end of first sentence of United Kingdom draft preamble to the proclamation. He presented formally an amendment, reported in my 4390, May 1, noon to provide for “active” Allies to authorize signature of the proclamation by the 4 powers. Discussion of latter amendment reported in my 4419, May 1, midnight. In the discussion I stressed the urgency of having such a proclamation ready in case there were no German signature, and the desirability of making the substitute proclamation as nearly as possible like the already approved surrender instrument.

At the May 3 meeting the Commission plans to consider the draft proclamation and the United States general directive, for whose early consideration I have been pressing on every occasion.

Winant
  1. For text of EAC 45/28, see p. 208; neither despatch No. 22112 nor E.A.C.(45) 42 is printed.