740.00119 Control (Denmark)/5–2145
The Chargé in Denmark (Thomas) to the
Secretary of State
Copenhagen, May 21,
1945.
[Received May 30.]
Sir: I have the honor to transmit herewith a
copy of the agreement regarding civil administration and jurisdiction in
Danish territory negotiated between SHAEF Mission (Denmark) and the
Danish Government. The agreement has been signed by General Dewing, head
of SHAEF Mission and was approved on May 17 by the competent Danish
ministries. The Foreign Minister is expected to sign the agreement on
May 22.
It will be noted that the agreement differs somewhat from the draft which
was drawn up many months ago, a copy of which is in the Department’s
files.42 The differences in
the original draft and the one now approved are principally those
resulting from the circumstances under which Denmark was liberated. It
will be recalled that the first draft contemplated the entrance of a
task force to liberate Denmark and not a capitulation of the German
forces with a peaceful entrance of a small contingent of British
troops.
I have been informed by the Legal Department of the SHAEF Mission
(Denmark) that several other agreements between SHAEF and the Danish
Government are being drawn up to deal with such problems as censorship
and communications. As the Department is aware, a number of other
agreements are contemplated that are beyond the jurisdiction of the
SHAEF Mission. I understand that these are to be negotiated on a
governmental level. The latter category of agreements include a monetary
agreement and a reciprocal aid agreement.
Respectfully yours,
[Page 572]
[Enclosure]
Memorandum of Agreement Regarding Civil
Administration and Jurisdiction in Danish Territory Liberated as
a Result of Allied Military Operations43
Discussions which have taken place between the Danish and Allied
representatives concerning arrangements to be made for civil
administration and jurisdiction in Danish territory liberated as a
result of Allied military operations under an Allied
Commander-in-Chief have led to agreement upon the following broad
conclusions.
The agreed arrangements set out below are intended to be essentially
temporary and practical and are designed to facilitate as far as
possible, the task of the Commander-in-Chief, and to further our
common purpose, namely, the speedy return of normal orderly
conditions in Denmark and the final victory of the Allies.
- 1.
- The Danish Government will be responsible for civil
administration in all Danish Territory, subject to such special
arrangements as may be required in areas of vital importance to
the Allied Forces, such as ports, lines of communication, and
airfields, and without prejudice to the enjoyment by the Allied
Forces of such other facilities as may be necessary for the
prosecution of the Supreme Commander’s mission to its final
conclusion.
- 2.
- Members of the Danish Armed Forces serving in the Danish units
with the Allied Expeditionary Force in Danish territory shall
come under the exclusive jurisdiction of Danish Courts. Other
Danes, who, at the time of entering Denmark as members of the
Allied Expeditionary Force, are serving in conditions which
render them subject to Allied naval, military, or air force law,
will not be regarded as members of the Danish armed forces for
this purpose.
- 3.
- Without prejudice to the provisions of paragraph 10, Allied
Service Courts and authorities will have exclusive jurisdiction
over all members of the Allied Forces respectively, and over all
persons of non-Danish nationality not belonging to such Forces,
who are [Page 573] employed by,
or who accompany these Forces, and are subject to Allied naval,
military, or air force law.
- 4.
- Persons, thus subject to the exclusive jurisdiction of Allied
Service Courts and authorities, may, however be arrested by the
Danish police for offenses against Danish law and detained until
they can be handed over for disposal to the appropriate Allied
service authority. A certificate signed by an Allied Officer of
field rank or its equivalent, that the person to whom it refers
belongs to one of the classes mentioned in Paragraph 3, shall be
conclusive. The procedure for handing over such persons is a
matter for local arrangement.
- 5.
- The Supreme Commander, Allied Expeditionary Forces and the
Danish authorities will take the necessary steps to provide
machinery for such mutual assistance as may be required in
making investigations, collecting evidence, and securing the
attendance of witnesses in relation to cases triable, under
Allied or Danish jurisdiction.
- 6.
- There shall be established by the respective Allies, claim
commissions, to examine and dispose of claims for compensation
for damage or injury preferred by Danish civilians against the
Allied Forces exclusive of claims for damage or injury resulting
from military operations, if any.
- 7.
- Members of the Allied Forces and organizations, and persons
employed by or accompanying these forces, and all property
belonging to them or the Allied Governments, shall be exempt
from all Danish taxation (including customs), except as may be
subsequently agreed between the Allied and Danish Governments.
The Allied authorities will take the necessary steps to ensure
that such property is not sold to the public of Denmark, except
in agreement with the Danish Government.
- 8.
- The Supreme Commander, Allied Expeditionary Force shall have
power to requisition billets and supplies, and make use of
lands, buildings, transportation, and other services for the
military needs of the forces under his command. Requisitions
will be effected, where possible, through Danish authorities and
in accordance with Danish law, and in accordance, with any
Agreement between the Supreme Commander, Allied Expeditionary
Force and the Danish Government.
- 9.
- The immunity from Danish jurisdiction and taxation resulting
from paragraphs 3 and 7 will extend to such selected civilian
officials and employees of the Allied Governments present in
Denmark on duty in furtherance of the purposes of the Allied
Expeditionary Force, as may from time to time be notified by the
Supreme Commander to the Danish Government.
- 10.
- Should circumstances in future be such as to require
provisions to be made for the exercise of jurisdiction in civil
matters over non-Danish [Page 574] members of the Allied Forces present in Denmark, the Allied
Governments concerned and the Danish Government will consult
together as to the measures to be adopted.
- 11.
- Other questions arising as a result of the liberation of
Danish territory by an Allied Expeditionary Force (in particular
questions relating to finance and currency) which are not dealt
with in this agreement shall be regarded as remaining open and
shall form the subject of further negotiation as circumstances
may require.
For the Supreme Commander Allied Expeditionary Force
For the Royal Danish Government
Signed in duplicate at . . . . . . .
