EAC Files: File “140 iii Proclamations and General Order”
Memorandum by the Political Adviser to the United States Delegation to the European Advisory Commission (Mosely)
The “General Order” or Agreement on Additional Requirements
[Here follows the contents of section 1 of the memorandum by the Secretary, United States Delegation, European Advisory Commission (Lightner), February 9, printed on page 447.]
In accordance with Department’s telegram No. 10371,58 the U.S. Joint Advisers conducted detailed consultations, in December 1944 and January 1945, with responsible representatives of the U.S. side of SHAEF (G–3 and G–559). An exhaustive report by the U.S. side of SHAEF dated January 28, 1945, was transmitted to the Military Adviser by General Bedell Smith in a letter of February 7.60 The report (GCT/387.4–2/PHP) emphasized repeatedly the desirability of negotiating tripartite policy in the E.A.C. through adapting the U.S. draft General Order to serve as a basis of agreement between the occupying Powers. The report concluded that “The General Order …60a should be recast in form of a policy agreement among the U.S., U.K. and U.S.S.R. for ultimate implementation through the [Page 525] Control Council”. Appendix 5 of the report transmitted detailed suggestions, article by article, regarding the adaptation of the General Order for this purpose.
3. Preliminary Stages of Negotiation of the “General Order”.
From the time that the Ambassador received Department’s telegram No. 10371 of December 12, 1944, the U.S. Delegation has never pressed for the negotiation of the General Order. Instead, it has urged negotiation of the separate Directives and, after April 6, 1945, negotiation of the U.S. draft General Directive.
On the other hand, the U.S. Delegation was not instructed to repudiate the commitment, made in March 1944, to negotiate a “General Order”. By Department’s telegram No. 2076 of March 17, 1945, drafted as the result of two long conferences held in Washington between the State, War and Navy Departments, the Ambassador was informed that it was understood that he would continue the negotiation of the General Order, in the form of an Agreement on additional requirements of a non-military nature, to be enforced on Germany by the occupying Powers, and that in this negotiation he would make appropriate use of JCS 1103 of October 1361 and of the informal (US) SHAEF report transmitted by General Bedell Smith.
At numerous meeting of the E.A.C. the U.K. Representative pressed over many months for early negotiation of the General Order. For example, at a meeting of January 29, 1945, Strang recalled previous understandings to proceed with the work of drawing up agreed Proclamations and General Orders. He stated that his Government was pressing for action on this matter, on the basis of the agreement whereby the British Government had accepted the short-term Surrender Instrument.
At the same meeting the French Representative also pressed for action on the General Order. He pointed out that the French Government had agreed to refrain from asking for certain amendments to the Surrender Instrument on the understanding that the French desiderata would be covered in the General Order. The French position was made clear in two memoranda: E.A.C. (44)47 of December 29, 1944,62 and E.A.C.(45)9 of February 7, 1945.63
At the January 29 meeting the Soviet Representative also indicated his full understanding of the obligation which he had entered into on behalf of his Government in March 1944. He also indicated that his Delegation was preparing, for consideration in the E.A.C., comments [Page 526] and amendments to the U.S. draft General Order of November 14,. 1944,65 which had meanwhile been accepted by the three other Delegations as a basis for discussion in the E.A.C.
Upon the completion of the Declaration on the Defeat of Germany, which was subsequently issued in Berlin on June 5, 1945,66 the Soviet Representative indicated that he was now ready to negotiate the General Order. During the last ten days of May and the first half of June 1945, the E.A.C. devoted a series of meetings to a detailed consideration and redrafting of the General Order.
4. Character of the Document Submitted.
The document which the E.A.C. is now preparing to submit to the four Governments represents an agreement to impose certain additional primarily non-military requirements upon the German people. It is thus, first of all, an agreement among the four occupying Powers concerning certain requirements which are not covered in the Declaration of June 5. It is, secondarily, a document to be issued, in whole or in part, to the German people. In no sense does it represent a “taking of power” since supreme authority in Germany has already been taken by the four Powers through the Declaration of June 5. Basically, the Additional Requirements document is an extension, or second instalment, of the Declaration of June 5, to cover the non-military fields of Allied activity.
During the negotiation of the “Additional Requirements” the U.S. Delegation has succeeded in many ways in strengthening its usefulness as an initial and basic agreement between the occupying Powers, as well as in securing the insertion of a number of important policy matters based on the U.S. Memorandum of March 23 and the revised JCS 1067.
Separate comments on the various articles follow,65 to the extent that they reflect policy discussions and revisions.
- Dated December 12, 1944, Foreign Relations, 1944, vol. i, p. 418.↩
- Operations Division and Civil Affairs Division, respectively.↩
- Neither printed.↩
- Omission indicated in original memorandum.↩
- Document designation for J.C.S. consideration of the United States draft of proclamations and general orders for Germany prepared by the United States Delegation on the European Advisory Commission. For the views of the Joint Chiefs of Staff on these matters, see instruction 4665, October 24, 1944, to London, Foreign Relations, 1944, vol. i, p. 365.↩
- Ibid., p. 427.↩
- Not printed; see footnote 73, p. 450.↩
- Not printed.↩
- For text, see Department of State, Treaties and Other International Acts Series No. 1520, or 60 Stat. 1649.↩
- Not printed.↩