740.00119 Control (Hungary)/8–1445

Memorandum by the State-War-Navy Coordinating Committee to the Secretary of State 14

Subject: Proposed Statutes for Allied Control Commission for Hungary.

References: SWNCC 151/D15
SWNCC 151/116

The State-War-Navy Coordinating Committee has considered the proposed Statutes for the Allied Control Commission for Hungary recommended by the Chief of the U.S. Section, Allied Control Commission for Hungary. The Committee recommends the amendment of the proposed Statutes as redrafted in the form attached. As so amended, the Committee recommends that the Secretary of State endeavor to secure the adoption by the Soviet Union, the United Kingdom, and the United States of a Protocol embodying those Statutes, or so much thereof as may be possible.

The Joint Chiefs of Staff have no objections from a military point of view.

For the State-War-Navy Coordinating Committee:
James Clement Dunn

Chairman
[Enclosure]

Draft of Statutes of the Allied Control Commission in Hungary17

(Note: By this draft it is intended to prescribe the organization and procedure of the Commission during the second period of the [Page 843] Armistice, i.e., from the end of hostilities against Germany, May 8th, to the conclusion of peace. In their present form the Statutes prescribe the organization and procedure, in certain respects, only for the first period of the Armistice, i.e., from the date of the Armistice Agreement, January 20th, to the end of hostilities against Germany. Consequently certain old provisions, applicable only to the first period, may now be omitted, and certain new provisions are required. So far as feasible the form and terminology of the present Statutes have been retained.)

1.
The functions of the Allied Control Commission in Hungary shall consist of the regulation and control, for the period up to the conclusion of peace, over the exact fulfillment of the Armistice terms set forth in the Agreement concluded on the 20th January 1945 between the Governments of the Soviet Union, the United Kingdom and the United States, on the one hand, and the Provisional National Government of Hungary on the other.
2.
The Allied Control Commission shall be headed by a Chairman who shall be a representative of the Soviet Government and of the Soviet Military Command in Hungary. The Chiefs of the American and British Missions shall be Vice Chairmen of the Commission. The Chairman may also appoint a third Vice Chairman of the Commission and such political and military assistants as may be required, and a Chief of Staff of the Commission. Representatives of the United Kingdom and the United States will be included in the composition of the Control Commission and of each division thereof. The Allied Control Commission shall have its own seal and its headquarters shall be at Budapest.
3.
The Allied Control Commission shall be composed of:
(a)
A staff.
(b)
A political division.
(c)
An administrative division.
(d)
A military division.
(e)
An air force division.
(f)
A river fleet division.
(g)
An economic division.
The staff will include officers of the armed forces of all three participating governments and will have a liaison section. The duties of the liaison section will include receipt from and transmission to the Hungarian Government of all communications, reports, directives, or other documents relating to the fulfillment of the Armistice terms.
4.
The Chairman shall call meetings of the Commission at least twice each month and shall cause agenda, which will include proposals of any of the principal representatives of the three participating governments, to be prepared for such meetings and delivered to [Page 844] each of them at least two days in advance of the meeting for which prepared. In the absence of unanimous agreement of such principal representatives, only matters appearing on the agenda shall be considered at each meeting. Decisions of the Commission shall be made only upon the concurrence of the principal representative of each of the three participating governments.
5.
Representatives of the Soviet Union, the United Kingdom and the United States shall have the right
(a)
To receive oral and written information from any official of the Commission on all matters connected with the fulfillment of the Armistice Agreement;
(b)
To receive promptly copies of all communications, reports and other documents which may interest their respective governments;
(c)
To make journeys and move freely anywhere, and by any means of transportation, on Hungarian territory, with complete freedom of entrance from outside Hungary to any point within Hungary, and with complete freedom of exit from Hungary;
(d)
To communicate with the Hungarian Government or any of its agencies, through the liaison section of the staff;
(e)
To determine the size and composition of their own delegations;
(f)
To communicate directly with their respective governments by cypher, telegram and by diplomatic mail, for which purpose they shall have the right to receive and dispatch diplomatic courier by air at regular intervals, upon notification to the Chairman;
(g)
To determine the amount of money required from the Hungarian Government for the expenses of their respective staffs and to obtain such funds through the Commission;
(h)
To transport personnel, mail and supplies to and from Hungary by airplane or by motor or other transportation, upon notification to the Chairman of the Allied Control Commission;
(i)
To call in specialist-officers or other experts for consultation, for making surveys or for, working out special questions which arise during the work of the Allied Control Commission.
6.
The Allied Control Commission shall have its representatives in the provinces, districts, ports and at the most important enterprises for the organization of local control.
  1. Approved by the State-War-Navy Coordinating Committee by informal action on August 17, 1945.
  2. Not printed as such. It contained the memorandum by the Assistant Secretary of War referring to the State-War-Navy Coordinating Committee’s proposed Draft Statutes for the Allied Control Commission for Hungary prepared by Major General Key, June 5, 1945. For the text of these Draft Statutes, see Conference of Berlin (Potsdam), vol. i, pp. 375 and 377.
  3. Not printed as such. It contained the Report by the State-War-Navy Coordinating Subcommittee for Europe regarding the proposed Statutes for the Allied Control Commission for Hungary together with a memorandum from the Joint Chiefs of Staff to the State-War-Navy Coordinating Committee approving the Report of the SWNCC Subcommittee for Europe from a military point of view. For the texts of the Joint Chiefs of Staff memorandum and the report by the State-War-Navy Coordinating Subcommittee for Europe, see ibid., vol. ii, pp. 703707. SWNCC 151/1 was approved by the War and Navy Departments during the Conference of Berlin, but the State Department withheld approval at that time because the matter was under negotiation at the Conference. For the record of the discussions at the Potsdam Conference regarding this matter, see ibid., p. 1621, entries in index under “Hungary: Allied Control Commission, revision of procedure with regard to status of British and U. S. representatives”. The State Department approved SWNCC 151/1 on August 15.
  4. Transmitted to Budapest in telegram 306, August 16. Schoenfeld sent the text of the Proposed Statutes to Major General Key under cover of a letter of August 21, not printed. Major General Key delivered the Proposed Statutes to Marshal Voroshilov under cover of a letter dated August 22.