740.00119 Control (Germany)/5–2945: Telegram
The Ambassador in the United Kingdom (Winant) to the Secretary of State
[Received May 29—8:30 p.m.]
5417. Upon receiving late Sunday2 Dept’s 4216, May 26, 7 p.m. (repeated to Paris as 2351 and to Moscow as 1160) I at once contacted Mr. Eden in order to carry through smoothly abandonment of procedure proposed by UK Govt on May 24 and to secure full UK support for US proposal on procedure. This was accomplished in course of May 28.
In order to place US proposal before today’s European Advisory Commission meeting, I presented following draft recommendation:
“The EAC makes the following recommendations to the Govts of the USA, the USSR and the UK and the Provisional Govt of the French Republic:
- (1)
- The four Allied Commanders-in-Chief will meet in Berlin not later than June 1 to sign and issue the declaration on the defeat of Germany and the assumption of supreme authority with respect to Germany;
- (2)
- Upon signature of the declaration, the four Allied representatives will constitute the Control Council in order to deal with matters affecting Germany as a whole and in order to begin the establishment of control machinery as provided in the agreement on control machinery in Germany, of Nov 14, 1944, amended by the agreement regarding amendments to the above-mentioned agreement of May 1, 1945.”
This recommendation met with general support of UK and French Delegations, although they felt that a date somewhat later than June 1, perhaps June 4, would have to be selected. I made it clear that US proposal is designed to expedite as much as possible issuance of the declaration and the beginning of putting control machinery into operation.
At one stage in discussion, Gousev maintained that article 6 of the Sept 12 protocol on zones of occupation provides for that protocol coming into force on signature of the surrender instrument and that pgh 2 of the report of Nov 14 on the control machinery agreement implied to him that establishment of control machinery would take place after occupation of assigned zones has been completed. I pointed out that the gradual establishment of control machinery and the movement of the Allied forces into their respective zones and into the joint Greater Berlin zone require close coordination by the Commanders-in-Chief, which could usefully develop from their proposed [Page 315] meeting in Berlin. I also made it clear that US proposal constitutes no alteration of agreed procedure but is merely further working out of agreed procedure.
Basic question which troubles Gousev is determination of date on which the two agreements on zones of occupation and on control machinery are to come into force. Gousev feels that four Govts must agree on definite date and instruct their Commanders-in-Chief accordingly. Gousev asked how the four Commanders could constitute the Control Council on signing declaration unless the agreement on control machinery has been declared in force by that date. French Representative raised the same question.
I reiterated that easiest way to get the Allied agreements into operation is to bring the four Commanders together to sign declaration and to constitute the Control Council; they could then consider questions arising from implementation of the agreements on zones and on control machinery. On basis of today’s preliminary discussion, I believe that US proposal would be acceptable to Soviet Delegation if pgh 2 were replaced by the following pghs 2 and 3:
“2. Upon signature of the declaration, the agreement on control machinery in Germany, of Nov 14, 1944, amended by the agreement regarding amendments to the above-mentioned agreement, of May 1, 1945, comes into force. At the same time the protocol of agreement on zones of occupation in Germany and the administration of ‘Greater Berlin’, of Sept 12, 1944 amended by the agreement regarding amendments to the above-mentioned protocol, of Nov 14, 1944, and amended by the declaration of the Crimea Conference of Feb 12, 1945, to provide for a French zone of occupation, likewise comes into force.
“3. Upon signature of the declaration, the four Allied representatives will constitute the Control Council in order to begin the practical implementation of the agreements on control machinery in Germany and on zones of occupation in Germany and the administration of ‘Greater Berlin’, and in order to deal with matters affecting Germany as a whole.”
Some such provision for setting a definite date to bring into juridical force the agreements on zones and on control machinery would no doubt meet the Soviet view as expressed today. The practical question of actually implementing those agreements would take a considerable period of time for execution. Control over the timing would require the unanimous agreement of the four Allied Commanders-in-Chief.
I should like Dept’s reaction to this addition before discussing it with my EAC colleagues. Next meeting EAC May 30, 3:30 p.m. London time.
Sent Dept as 5417; repeated Paris as 322 (for Caffery and Murphy); repeated Moscow as 178.
- May 27.↩