740.00119 Control (Germany)/4–2646

Memorandum by the Secretary of State, the Secretary of War (Patterson), and the Secretary of the Navy (Forrestal)58

Principles and Procedures Regarding Policy-Making and Administration of Occupied Areas

In order to accomplish the maximum of unity and consistency in United States policy and the administration thereof, in Occupied [Page 675] Areas, and to insure full consideration, in connection therewith, of the political, economic and security interests of the United States, the following principles regarding policy and administration will govern U.S. participation in the government or occupation of Germany, Austria, Japan and Korea:

The State Department will be responsible for formulation of governmental policy with regard to U.S. participation in the occupation and government of the Occupied Areas in question.
The War Department will be responsible for execution and administration of policy with respect to U.S. participation in the occupation and government of these occupied areas.
The State Department and all other departments and other agencies of this government will cooperate with and assist the War Department in providing the War Department with suitable civilian personnel to complete the necessary field staff to discharge the War Department responsibility for government in these occupied areas by assignment of their existing personnel and facilities, by assistance in recruiting specially qualified persons and in all other practicable action.
The State–War–Navy Coordinating Committee (SWNCC), under the chairmanship of the State Department, will be responsible for the coordination of U.S. policy with respect to such occupation and government and for its communication through appropriate channels to U.S. representatives in the field and to U.S. representatives on Allied bodies such as the Far East Commission.
In order to facilitate discharge of its responsibility for coordination of U.S. policy, SWNCC will establish a Directorate for Occupied Areas which will be responsible, subject to overall supervision and control by SWNCC, to:
Coordinate and expedite the work of the State, War and Navy Departments and, where appropriate, consult with other interested Departments and Agencies in order to expedite and coordinate the development of U.S. policy for such Occupied Areas.
Receive, through appropriate military channels, communications from the field involving policy matters and transmit U.S. policy through appropriate military channels for implementation.
Create such temporary or permanent sub-committees of SWNCC and such working groups as may be required to facilitate the development of a coordinated and integrated U.S. policy in occupied areas, to provide the chairman thereof and to supervise the preparation of the agenda of work therefor. Membership on such subcommittees and working groups will be provided by the interested departments at the request of the Directorate.
Submit to SWNCC, with recommendations, policy problems (1) which the Directorate or the representative of any of the three Departments with whom it deals deems of sufficient importance to require formal SWNCC approval or (2) requiring SWNCC consideration [Page 676] with respect to which agreements cannot be reached by SWNCC sub-committees or working groups.
The Directorate for Occupied Areas will be in charge of a Director for Occupied Areas who shall be an official of the Department of State and shall be an individual satisfactory to the Secretaries of War and Navy. As Director for Occupied Areas he shall be responsible to SWNCC. His responsibilities in the State Department shall be confined to matters of U.S. policy in the Occupied Areas in question.
The Director for Occupied Areas shall be provided with adequate staff, space and facilities to enable him to discharge the responsibilities of the Directorate. Such staff, space and facilities as may be determined by SWNCC upon recommendation of the Director will be provided by the State, War and Navy Departments provided that no Department will be expected to make such contribution of staff, space or facilities without its consent. Personnel so provided will be acceptable to and responsible to the Director for Occupied Areas and, if not already employees of the State Department, will become so as soon as possible. The Director for Occupied Areas is authorized to call upon the Secretariat of SWNCC for the provision of the Secretarial services which the Director may require in the performance of his duties, and the Secretary of SWNCC will be responsible to the Director for the performance of such services. Any matter involving policy for Occupied Areas will be presented to SWNCC by the Secretary of SWNCC only after consultation with and approval by the Director.
It is contemplated that all personnel of the Directorate of Occupied Areas will become State Department employees no later than November 1, 1946. When this transfer has been accomplished, the SWNCC Directorate of Occupied Areas will be disestablished.
(a) SWNCC will determine which of the problems under consideration by SWNCC in fact involve military aspects, so that the views of the Joint Chiefs of Staff on such military aspects may be obtained by SWNCC.
(b) In cases in which the Joint Chiefs of Staff are the appropriate channel with the field, suitable arrangements will be made for referring to the Director for Occupied Areas for action all communications requiring policy decision. When decision has been reached on such matters, SWNCC, through the Director for Occupied Areas, will transmit to the Secretariat of the Joint Chiefs of Staff appropriate instructions which will forthwith be communicated to the field by the Joint Chiefs of Staff.
In the event that it is decided to reconsider the pattern of American control machinery during the period of War Department [Page 677] responsibility for administrative control of Germany, any High Commissioner appointed, whether military or civilian, will be selected by the War Department after consultation with the Department of State and with the approval of the President.

James F. Byrnes

Secretary of State
Robert P. Patterson

Secretary of War

Secretary of Navy
  1. Under date of May 13, the Secretary of State transmitted to President Truman a memorandum which consisted of the opening portions of this memorandum through paragraph (4) plus paragraph (10). The policy embodied therein was approved by President Truman and transmitted to the heads of the other Executive departments concerned. (740.00119 Control (Germany)/5–1346; SWNCC 295.