840.414/12–2445

The Acting Secretary of State to the Acting Secretary of War (Royall)

My Dear Mr. Royall: With reference to the letter of the Secretary of War, dated December 24, 1945, dealing with the German ministerial records, I wish to point out that the position of the State Department has not been properly understood regarding the disposition of the German archives. The Department of State has at no time looked with disfavor upon the quadripartite use, in general, of the ministerial records in the United States zone. The Department has, however, maintained that the German Foreign Office archives, in particular, and archives of other ministries dealing with German overseas activities should be exploited fully under present British-American investigation procedure, before being released to other powers.

The State Department is in hearty accord with the War Department that whole-hearted quadripartite cooperation in Germany is [Page 1134] essential to the success of the occupation and related to the objective of a peaceful solution of world-wide problems. The State Department would withdraw at once its instructions regarding the German Foreign Office archives, were it to believe that they jeopardize in any way the successful fulfilment of the quadripartite task in Germany. The Department is, however, of the opinion that the German Foreign Office archives and related records concerning German overseas activities have no bearing on the re-establishment of the central German administrative agencies, authorized in the Potsdam Agreement,13 except perhaps in the field of foreign trade. With respect to this field, the Department will instruct its representatives to make available from the German Foreign Office archives and related records under investigation any material which might be useful to the central German administrative agency for foreign trade at the time when that agency is being established.

The State Department has agreed to the removal of the German Foreign Office archives to Berlin under conditions which will assure continued Anglo-American control and exploitation. Subsequent to this agreement, the State Department has received vigorous representations from the British Government objecting to this transfer. One reason advanced by the British against the transfer of the Foreign Office archives to Berlin is that such a move might pre-judge the question of the release of this material to third parties. The State Department has informed the British Government that joint Anglo-American exploitation will be continued at Berlin, and that no documents will be released to representatives of other powers except by joint Anglo-American decision in accordance with suitable procedures agreed upon by this government and the British Government.14

In so far as the Foreign Office documents were, as stated in a recent British note, “captured during the SHAEF period and are, therefore, a joint capture in which the United States Government and His Majesty’s Government have equal rights”, the State Department believes that legitimate British rights and interests should be respected. It accordingly believes that British-American exploitation of these documents should be continued and screening procedures employed before eventual release of the document material to the French and Russians. Such release, moreover, should in the Department’s opinion be based on the reciprocal access of British and American representatives to German documents of special interest in the custody of the French and Russians. The proposed method of joint British-American exploitation and exchange with third parties on a reciprocal basis is in [Page 1135] conformity, it is believed, with the War Department’s policy in the exploitation of the German military archives and in the exchange of technical information about German war material.

The State Department accordingly recommends to the War Department that the United States Military Commander in Germany be authorized to initiate a quadripartite program for the use of German ministerial records by offering to make available all those now in the United States zone pertaining to the central German administrative departments to be established under the terms of the Potsdam Agreement. Such offer should be subject to whatever arrangements with the British, Russians or French the U.S. Military Commander may consider properly reciprocal and appropriate. This offer should not include the German Foreign Office archives and related records at present under joint British-American exploitation.

Because of the State Department’s responsibility for the conduct of this Government’s foreign relations the Department regards the German Foreign Office archives as of special interest to it. The Department has found information already obtained from these documents of great value and considers their further exploitation to be of real importance to this Government. It believes furthermore that the work should be accelerated as a matter of urgency. The Department has agreed to the removal of these archives to Berlin on the understanding that American micro-film equipment and all necessary facilities for a more rapid and effective exploitation would be available at Berlin. The State Department would therefore be grateful if the War Department would instruct the U. S. military authorities in Berlin to assist in all ways possible, as a matter of urgency, the exploitation of the German Foreign Office archives, in particular, by providing microfilm units and other facilities as may be required.

Sincerely yours,

Dean Acheson
  1. See Foreign Relations, The Conference of Berlin (The Potsdam Conference), 1945, vol. ii, pp. 1477 ff.
  2. Aide-mémoire of December 20, 1945, from the British Embassy and Department’s reply of January 15, 1946, not printed.