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

740.00119 Control (Germany)/8–1645

Note by the Secretaries of the Control Council for Germany⁶²

CONL/P(45) 7

[Berlin,] 31 July 1945.

Activation of the Control Machinery⁶³

1. The Deputies to the four Commanders-in-Chief in a meeting held at 10 A.M. on 31 July 1945 considered the U.S. proposals on activation of the Control Machinery–CONL/P(45)1.⁶⁴ As a result of their consideration the four Deputies agreed to the contents of the above paper after making certain amendments. The amended paper is attached hereto.

2. In addition the Deputies agreed to the following understanding with respect to the operation of the Control Machinery in Germany:

(a) There is established an Allied Control Council composed of the four Allied Commanders-in-Chief. They meet at regular intervals to decide major problems. They will refer the majority of the problems under consideration to their Coordinating Committee.

(b) Each of the four members of the Control Council will designate representatives who will have offices in one central building. These representatives will serve as the staff of the Coordinating Committee and will constitute sub-committees to study the detailed problem presented to the Coordinating Committee.

(c) In addition each representative on the Coordinating Committee will have his own staff which will not have offices in the central building. This staff will concern itself with accumulating necessary data and preparing studies for its nationals located in the central building. This staff will also supervise the implementation of agreed policies.

(d) The Coordinating Committee will decide to what agency or to what sub-committee special subjects such as, for example, coal, should be referred. It will be a function of the Secretariat to inform the agency or sub-committee involved, and to explain the nature of the report desired by the Coordinating Committee, the manner in which the report should be prepared, the time and place where it should be submitted to the Coordinating Committee and any other information of a similar nature.

(e) If it is later decided that German agencies are necessary in working on a detailed problem such for example, as coal, they would be required to report to the coal sub-committee.

(f) The above procedure will be conducted in the manner approved by the Control Council.

3. It was further agreed that the Secretariat will constitute simply a transmitting agency. The Secretariat will be the transmitting agency for the Control Council and the Coordinating Committee when they issue direct instructions to the Germans. The Secretariat will perform a similar function for the Directorates when they issue instructions to the Germans. This does not prevent direct contact between the Directorates and German agencies on technical matters. The Secretariat has no executive authority.

1. Organization Meeting of the Control Council.

The Control Council should take action at once to organize the Coordinating Committee and the Control Staff of the Council in accordance with the basic Agreement on Control Machinery in Germany, 14 November 1944, as amended 1 May 1945.⁶⁵

2. Activation of Coordinating Committee.

Each member of the Control Council should immediately designate his representative to serve on the Coordinating Committee created by Article 4 of the basic Agreement to perform the functions specified in Article 5 of the basic Agreement.

3. Secretariat and Administrative Bureau.

a. The Council should promptly establish and direct the Coordinating Committee to organize—

(1) A permanent Secretariat composed of representatives designated by each of the four Council members and responsible for performing secretariat duties (including interpreting and translating, and maintaining central records and files) for the Control Council, the Coordinating Committee and Control Staff.

(2) A permanent Administrative Bureau composed of representatives designated by each of the four Council members and responsible for providing administrative services (such as guards and security, offices and conference rooms, communications, and messing facilities) for the Council, the Coordinating Committee, the Secretariat and Control Staff.

b. The Council should request the Coordinating Committee to recommend to the Council the creation of any other staff agencies which it deems necessary or desirable to facilitate the work of the Council, the Coordinating Committee and the Control Staff.

4. Creation of Control Staff.⁶⁶

a. Each member of the Council should establish his Control Staff in accordance with Article 6 of the basic Agreement.

b. Each member of the Council should designate the head of each of his Divisions and such other staff members as the Coordinating Committee deems necessary.

c. The Coordinating Committee should supervise the assignment of functions among the twelve Divisions and should, as it deems necessary or desirable, recommend to the Council any adjustments in the number and functions of Divisions and the establishment or disbandment of any Combined Standing Committees or Boards.

5. Reports from Control Staff.

The Council should direct the Coordinating Committee, using the Directorates of the Control Staff, operating as sub-committees, to prepare reports for the Council as promptly as possible with respect to—

a. The most urgent military, political, economic, and all other German questions which may arise, to include those requiring uniformity of action among the zones of occupation, or requiring central administration or control;

b. The action and policies recommended for dealing with such questions in the immediate future;

c. The German central agencies,⁶⁷ if any, required for carrying out such action and policies in the immediate future.

6. Draft Orders.

order no. 1. definitions

The Control Council orders as follows:

1. In the documents of the Control Council, the Coordinating Committee and the Control Staff, the following terms shall have the following meanings:

a. The term “Agreement on Control Machinery” means the Agreement on Control Machinery in Germany approved by the European Advisory Commission, 14 November 1944, as amended 1 May 1945.

b. The term “Control Council” means the supreme organ of control in Germany established by Article 3 of the Agreement on Control Machinery.

c. The term “Coordinating Committee” means the Committee established under Article 4 of the Agreement on Control Machinery.

d. The term “Control Staff” means the Staff established under Article 6 of the Agreement on Control Machinery.

e. The term “Allied Control Authority” means the entire control machinery in Germany, including the Control Council, the Coordinating Committee and the Control Staff.

f. The term “Directorate” means the four heads of each Division of the Control Staff, acting jointly.

g. The term “Sectors of Berlin” refers to the four sectors assigned to each of the four occupying Powers for the administration of the “Greater Berlin” area as may be decided.⁶⁸

2. The English, Russian and French languages shall equally constitute the official languages of the Allied Control Authority. All official documents shall be issued in these three languages.

order no. 2. establishing the coordinating committee

The Control Council orders as follows:

1. The permanent Coordinating Committee for the Control Council is hereby established in accordance with Article 4 of the Agreement on Control Machinery.

2. The Coordinating Committee shall be composed of the following representatives, each of which shall be entitled to designate one alternate:

• Lt Gen Clay
• General of the Army Sokolovsky
• Lt Gen Robertson
• Lt Gen Koeltz

3. The Coordinating Committee shall perform the duties prescribed in Article 5 of the Agreement on Control Machinery and such other duties as the Control Council may prescribe

order no. 3. establishing the allied secretariat

The Control Council orders as follows:

1. A permanent Allied Secretariat is hereby established under the Control Council. Each of the members of the Control Council shall designate a senior secretary and members of the staff of the Secretariat.

2. Each of the four senior secretaries will act in rotation as Chief Secretary of the Allied Secretariat, and will, during his tenure of this office, be responsible for coordinating the work of the four senior secretaries.

3. The functions of the Secretariat shall be—

a. To arrange for meetings, prepare and distribute agenda and minutes of meetings, and transmit official documents for the Control Council, the Coordinating Committee and the Control Staff;

b. To provide interpreting and translation services for the Control Council, the Coordinating Committee and the Control Staff;

c. Maintain files and records for the Control Council, the Coordinating Committee and the Control Staff;

d. To perform such other services as the Coordinating Committee may prescribe.

4. The Secretariat shall serve as the channel of communication between—

a. The Control Council and Coordinating Committee and the United Nations Military Missions appointed to the Control Council;

b. The Control Council and Coordinating Committee and United Nations organizations admitted to Germany by the Control Council;

c. The Control Council, Coordinating Committee, and Directorates, and German Central Agencies.

5. The Secretariat shall establish its own procedure.

6. The Coordinating Committee will supervise the organization and operations of the Secretariat.

order no. 4. establishing administrative bureau

The Control Council orders as follows:

1. A permanent Administrative Bureau is hereby established under the Control Council. Each of the four Council members shall designate necessary personnel. This Bureau will be headed and organized by the U.S.A. Expenses will be shared equally by each of the four Powers.⁶⁹

2. The Administrative Bureau will serve the Control Council, the Coordinating Committee, the Secretariat, and to the extent prescribed by the Coordinating Committee, the Directorates of the Control Staff. The Bureau will—

a. Provide necessary security guard;

b. Care for and maintain buildings, offices and furniture;

c. Provide communication and messing facilities; and

d. Perform such other administrative services as the Coordinating Committee may prescribe.

3. The Coordinating Committee shall designate the head of the Administrative Bureau and shall supervise its organization and operations.

order no. 5. establishing control staff

The Control Council orders as follows:

1. There is hereby established a Control Staff for the Control Council in accordance with Article 6 of the Agreement on Control Machinery.

2. The Coordinating Committee shall supervise the organization of the Control Staff and the assignment of functions among the Divisions of the Control Staff.

3. Initially, the Control Staff shall be composed of the following Divisions (in addition to the Secretariat and Administrative Bureau):

• Military
• Naval
• Air
• Transport
• Political
• Economic
• Finance
• Reparation, Deliveries & Restitution
• Internal Affairs and Communications
• Legal
• Prisoners of War and Displaced Persons
• Manpower

4. Each member of the Council shall designate for each Division one representative to act as one of its four heads, and such other staff members as the Coordinating Committee may specify.

5. The Directorates shall perform the duties prescribed in Article 6 of the Agreement on Control Machinery in Germany, and such other duties as the Council or Coordinating Committee may prescribe.

6. The Coordinating Committee shall recommend to the Council from time to time any adjustments in the number and functions of the Divisions which it deems necessary or desirable.

order no. 6. preliminary reports from control staff

The Control Council orders as follows:

1. The Coordinating Committee shall submit to the Council as promptly as possible, reports with respect to—

a. The most urgent military, political, economic, and all other German questions which may arise, to include those requiring uniformity of action among the zones of occupation, or requiring central administration or control;

b. The action and policies recommended for dealing with such questions in the immediate future;

c. The German central agencies, if any, and the extent of their authority, which are required for carrying out such action and policies in the immediate future.

2. The Coordinating Committee will prepare such reports, using the Directorates of the Control Staff, operating as sub-committees under its supervision.

3. Where the Directorate of any Division or the members of the Coordinating Committee disagrees on any question or recommendations, the report will indicate the points of agreement and of disagreement.

62. Transmitted to the Department in despatch 797, August 16, 1945, from Berlin, not printed.
63. This paper was approved by the Control Council at its second meeting, August 10; see unnumbered telegram from Berlin August 10, 7 p.m., p. 830.
64. Not printed; CONL/P(45)1 had been prepared by General Clay and was submitted as a U.S. proposal to the Control Council at its first meeting, July 30, supra; see Clay, Decision in Germany, pp. 33–35.
65. For text of the agreement between the United States of America, the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics, on control machinery in Germany, signed at London, November 14, 1944, and text of the amending agreement between the three signatory powers and the Provisional Government of the French Republic, signed at London May 1, 1945, see Department of State Treaties and Other International Acts Series (TIAS) No. 3070, or United States Treaties and Other International Agreements (UST), vol. 5, (pt. 2), p. 2062.

66. In the original U.S. proposal (CONL/P(45)1) this section reads as follows:

    “4. Creation of Control Staff.

    a. The Council should establish the Control Staff in accordance with Article 6 of the basic Agreement and direct the Coordinating Committee as promptly as possible to organize the twelve Divisions of the Control Staff (in addition to the Secretariat and Administrative Office) and to supervise the assignment of functions among them.

    b. The Coordinating Committee should recommend to the Council any adjustments in the number and functions of the Divisions which it deems necessary or desirable.

    c. Each member of the Council should designate for each Division one representative to act as one of its four heads, and such other staff members as the Coordinating Committee may specify.” (740.00119 Control (Germany)/8–245)

67. For documentation on the efforts to create German central administrative agencies, see pp. 861 ff.
68. In CONL/P(45)1 this section reads as follows: “g. The term ‘Zones of Occupation’ refers to the zones assigned to each of the four occupying Powers by the terms of the Protocol on the Zones of Occupation approved by the European Advisory Commission, 12 September 1944, as amended 14 November 1944, and as hereafter amended.” (740.00119 Control (Germany)/8–245) For texts of the protocol between the United States of America, the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics on the zones of occupation and administration of the “Greater Berlin” area, signed at London September 12, 1944: and the amending agreement signed at London November 14, 1944; and the amending agreement between the three signatory powers and the Provisional Government of the French Republic, signed at London July 26, 1945, see TIAS No. 3071, or 5 UST 2078.
69. The two final sentences of this paragraph do not appear in CONL/P(45)1.