740.00119 EAC/5–445

Memorandum by the United Kingdom Representative on the European Advisory Commission (Strang)6

E.A.C. (45) 47

Representation of Foreign Countries in Germany After Surrender

I circulate to my colleagues, for consideration by the European Advisory Commission, a memorandum making proposals for the representation of foreign countries in Germany after surrender. I hope the Commission will be able to give early consideration to these proposals.

W[illiam] S[trang]

London, 30 April, [2 May?] 1945.


Representation of Foreign Countries in Germany After Surrender

1. After the German surrender, the Governments of the United Kingdom, the United States of America and the Union of Soviet Socialist Republics, and the Provisional Government of the French Republic, will be represented in Germany by their respective Commanders-in-Chief [Page 1085] in their capacity as members of the Control Council, and their staffs. It has been agreed in Article 8 of the Agreement on Control Machinery in Germany7 that “The necessary liaison with Governments of other United Nations chiefly interested will be ensured by the appointment by such Governments of military missions (which may include civilian members) to the Control Council, having access, through the appropriate channels, to the organs of control.” Such United Nations’ Governments will thus be represented in Germany by their military missions. It has not yet been decided which Governments shall be so represented.

United Nations chiefly interested

2. The United Kingdom Delegation proposes that an invitation to the United Nations accepted as “chiefly interested” to appoint military missions to the Control Council should be sent jointly by the United Kingdom, the United States of America, the Union of Soviet Socialist Republics and France. Such an invitation should be sent not later than the issue of the “public statement” provided for in paragraph 9 of the Report by the European Advisory Commission8 covering their Agreement on Control Machinery in Germany (E.A.C. (44) 11th Meeting). The U.K. Delegation would suggest that this invitation should be addressed to the Governments of:—

  • Australia
  • Belgium
  • Brazil
  • Canada
  • China
  • Czechoslovakia
  • Greece
  • India
  • Luxembourg
  • The Netherlands
  • New Zealand
  • Norway
  • Poland
  • South Africa
  • Yugoslavia.

Other United Nations

3. Representation in Germany by military missions does not seem justifiable in the case of the remaining United Nations. At the same time, it would seem impossible to refuse them representation of any character, more particularly if, as we suggested below, neutral states are to be allowed some degree of representation. The United Kingdom Delegation accordingly suggests that the Governments of these remaining United Nations should be invited to nominate “Civil Agencies” to represent them in Germany. It would be undesirable to accord the title of diplomatic mission to these agencies, as a diplomatic [Page 1086] mission normally enjoys a higher status than that of any other foreign agency in the country of residence. It would clearly be impossible to give a higher status to the representatives of the minor Allies than to those of “the United Nations chiefly interested”, which would be represented by military missions.

Neutral States

4. There remains the question of the representation in Germany of neutral states. The United Kingdom Delegation, basing its view in part on experience gained in Italy, takes the view that on the whole the convenience of having neutral representatives in Germany to look after their national interests on the spot would substantially outweigh any inconvenience that their presence might cause. The United Kingdom Delegation accordingly proposes that neutral missions should be allowed to remain in Germany; but they too should be classified as “Civil Agencies”. Those neutral states e.g. Chile, which have no relations with Germany, could not be placed in a worse position than those which have maintained relations. They should therefore be permitted on request to enjoy the same facilities as those determined for other neutral states.

Privileges and Immunities

5. The military missions of the United Nations chiefly interested will not be entitled to deal with any German authorities except through or with the permission of the Allied Control Machinery. The same restriction should a fortiori be placed on the Civil Agencies of the lesser Allies and of neutral states. They should, however, be entitled to a certain measure, to be determined by the Control Council, of the immunities normally enjoyed by diplomatic representatives; e.g. immunity from local taxation and arrest. The representatives of Allied states, whether in military missions or Civil Agencies, should have the right to communicate with their Governments by bag and cypher. This right should not however be granted to the Civil Agencies of neutral states, at any rate in the early stages.


6. The only consulates which will be found in Germany on the conclusion of hostilities will be those of ex-enemy and neutral states. The treatment of the former is outside the scope of the present memorandum. As to neutral consulates, the United Kingdom Delegation takes the view that they might well prove an embarrassment to the Commanders of forces of occupation and that it would therefore be desirable to close them down at the earliest possible moment. If it were later found convenient that certain foreign states should have representatives in other parts of Germany, the necessary steps could [Page 1087] be taken by permitting the military missions or Civil Agencies of such states in Berlin to nominate local agents. These should not have the title of consul, as that would raise numerous technical difficulties, e.g. their exequatur.


7. The position in Austria9 is in many respects different, as there have of course been no diplomatic missions in Vienna since before the war. But the United Kingdom Delegation proposes that the representation of foreign countries in Austria after Germany’s surrender should, in the early stages at least, be broadly speaking on the same lines as is proposed above for Germany.

  1. Copy transmitted to the Department in despatch 22877, May 4, from London; received May 8.
  2. Agreement between the United States, the United Kingdom and the Soviet Union, signed in London, November 14, 1944, Department of State, Treaties and Other International Acts Series (TIAS) No. 3070; United States Treaties and Other International Agreements (UST), vol. 5, pt. 2, p. 2062.
  3. Report by the European Advisory Commission to the Governments of the United States, the United Kingdom and the Soviet Union, dated November 14, 1944, Foreign Relations, 1944, vol. i, p. 404.
  4. For documentation regarding the negotiation in the European Advisory Commission of agreements regarding the zones of occupation and the control machinery in Austria, see pp. 559 ff.