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

740.00119 Control (Germany)/9–2045: Telegram

The United States Political Adviser for Germany (Murphy) to the Secretary of State

Berlin, September 20, 1945—10 p.m.
[Received September 21—3:45 a.m.]

569. The sixth meeting of the Control Council was held on Sept. 20, with Marshal Montgomery presiding.

Just previous to the Council meeting, a special meeting of the Coordinating Committee was held for final consideration of the Legal Directorate’s proposed law setting up a German external property commission and vesting in the Commission all right, title and interest in German property abroad, including property owned by German citizens resident outside Germany. The Legal Directorate had approved the text of the law, but the British member of the Legal Directorate had informed General Robertson that he considers the law unenforceable. General Robertson stated that the British Govt is now carrying on negotiations on this matter with neutral govts and feels that the publication now of this law would impede these. He also stated that he had particular doubts as to enforceability as affecting German nationals resident abroad. He hoped for full agreement soon. General Clay stated that law is necessary now as there must be a body to take title now, on behalf of the four powers, to German property, such as that of I. G. Farben, seized abroad. One of the four powers can not do this in its own name alone. Generals Sokolovsky and Koeltz supported General Clay as to the need for this law at once. The Committee decided to send the law to the immediately forthcoming meeting of the Control Council stating that the law was approved by the Legal Directorate and by three of the members of the Coordinating Committee, but that the British member had two reservations: (a) As to the desirability of enactment and publication now and (b) as to enforceability. General Clay then commented that he would report to his Govt his view that the US should act at once in its zone and should invite the French and Soviets to act with us.⁸⁶

At the meeting of the Council immediately thereafter, Marshal Montgomery restated the British position on the above matter, asked for further study. General Eisenhower made a very strong statement as follows: (a) The law had his “emphatic approval”, (b) the time was ripe for the Council to take an active part, promptly and concretely in the affairs of Germany as a whole, (c) this was the precise type of case when it should act, and (d) he wished his “very definite” position to be recorded. General Koeltz and Sokolovsky gave strong support, saying that the delay was already too long and that this is one of the most important steps the Council can take. Marshal Montgomery said he would inform his Govt of the positions of his three colleagues and the matter was put off to the next meeting on October 1, with the hope that full agreement would be reached at that time.

The Council then approved without significant discussion the following matters referred up to it by the Coordination Committee (see my 562, Sept. 18, 10 p.m.⁸⁸): (a) Directive on methods of legislative action,⁸⁹ (General Eisenhower’s comment that the Coordinating Committee should sign the maximum number of papers on behalf of the Council was noted); (b) directive on official languages and the Council Gazette;⁹⁰ (c) directive on exchange of copies of laws and information (General Sokolovsky’s suggestion that article 4 providing for exchanges of mutual visits by the legal authorities of the four powers be struck out pending settlement of the general question of freedom of inter-zone movement was accepted);⁹¹ (d) order on elimination of military training;⁹² (e) law repealing Nazi laws;⁹³ (f) report approving publication of the EAC (European Advisory Commission) agreement on additional requirements from Germany,⁹⁴ with explanatory preface and Section 38 deleted (General Sokolovsky stated that he hoped that the US might agree to publication of this section sometime in the future). The Council also approved the paper setting up a general program governing exports and imports⁹⁵ (see my 512, Sept. 13, 6 p.m.⁹⁶).

The letter from the Catholic bishops at Fulda was sent to the Secretariat to acknowledge, and to the Coordinating Committee to take the necessary action. (See my 503, Sept. 12, 11 a.m.⁹⁷)

The US proposal on the uniformity of regulations against fraternization was accepted.⁹⁸ General Eisenhower stated that the existing regulations were not being enforced in his zone and General Koeltz said the same. General Sokolovsky stated that the Soviets widely [wisely?] ban billeting with German families and intermarriage. The four zone commanders will be instructed to issue orders ending the nonfraternization restrictions except for billeting and marriage without special approval by the zone commander.

General Sokolovsky announced that the Soviet Govt had agreed to refer the decision on question of reparations to the Control Council in consultation with the Allied Reparations Commission which would now meet in Berlin.⁹⁹ This was gratefully received.

Murphy

86. The proposed law on the vesting and marshalling of German external assets under discussion was submitted to the Control Council as CONL/P(45)39 which was transmitted to the Department in despatch 1012, September 26, from Berlin, not printed.
88. Post, p. 1095.
89. Control Council Directive No. 10, Berlin, 22 September, 1945, Official Gazette of the Control Council for Germany, No. 3 (31 January 1946), p. 38. It defines the various types of legislative action to be undertaken by the Control Council.
90. Control Council Directive No. 11, Berlin, 22 September, 1945, ibid., p. 39.
91. CONL/P(45)37, transmitted to the Department in despatch 1012, September 26, from Berlin. It provided in the interests of uniformity of treatment of the German population for the exchange of copies of all legislation and various other types of legal information between the Legal Divisions of the four zonal authorities. (740.00119 Control (Germany)/9–2645)
92. Control Council Law No. 8, Berlin, 30 November 1945, Official Gazette of the Control Council for Germany, No. 2 (30 November 1945), p. 33.
93. Control Council Law No. 1, Berlin, 20 September 1945, ibid., No. 1 (29 October 1945), p. 6.
94. The complete text of the four-power agreement on certain additional requirements to be imposed on Germany, signed at London, July 25, is printed in Conference of Berlin (Potsdam), vol. ii, p. 1008.
95. CONL/P(45)32, transmitted to the Department in despatch 1012, September 26, from Berlin. This paper recommended, in order to implement paragraphs 14, 15, and 19 of chapter III B of the Report on the Tripartite Conference of Berlin ( ibid., pp. 1504–1505), the establishment of an export and import policy treating Germany as a single economic unit. Imports should be kept to a minimum and proceeds from exports should be made available in the first place to pay for imports. This paper had been prepared by the Economic Directorate and was approved by the Coordinating Committee, which in anticipation of Control Council approval had already instructed the Economic Directorate to proceed with the implementation of the recommendations. (740.00119 Control (Germany)/9–2645) For documentation relating to export-import policy, see pp. 1521 ff.
96. Not printed; it reported the discussions at the seventh meeting of the Coordinating Committee, September 12 (740.00119 Control (Germany)/9–1345).
97. Not printed; reference is to a letter sent to the Control Council by the Annual Conference of Catholic Bishops which met at Fulda, Aug. 20–24. Text of the letter was transmitted to the Department in despatch 907, August 28, from Frankfurt (862.404/8–2845).
98. CONL/P(45)33, transmitted to the Department in despatch 1012, September 26, from Berlin, not printed.
99. In the official minutes of this meeting (CONL/M(45)6), transmitted to the Department in despatch 1012, September 26, from Berlin, the equivalent passage reads as follows: “General Sokolovsky announced that the Soviet Government had agreed that the Control Council should decide questions of reparations in consultation with the Reparations Commission, the Soviet component of which will be situated in Berlin.” (740.00119 Control (Germany)/9–2645) For documentation on this subject, see pp. 1169 ff.