Memorandum by Major General Harold R. Bull, Chief of Staff, United States Forces, European Theater

At 4 pm this date, General Clay transmitted the following message:
“I have seen General Sokolovski and we have made a ‘gentlemen’s agreement’ in substance as follows:

“There will be no more ‘arrests’—apprehended delinquents will be detained.

“Persons detained as delinquents when identified as Soviet citizens will be reported as such to Soviet authorities within 24 hours if possible and not later than 48 hours after their detention.

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“Persons detained will be returned to custody with Soviet authorities within one week with a statement of the reasons for their detention.

“Persons detained will not be treated as prisoners but will be restrained in a manner appropriate to their positions.”

One modification to this policy is that anyone officially accredited and thus in the Zone on a mission approved by U.S. authorities will be returned to Soviet custody in 48 hours with a statement setting forth in which respect they failed to live up to their official position in the Zone.
General Clay stated that this reciprocal agreement would be effective at 6 PM unless the Theater Commander directed otherwise.
I have returned General Clay’s call about 5 P.M. after discussing the advantages and disadvantages with G–2 and indicated acceptance. At this time I discussed with General Clay the difference between arrest and detention and indicated that of course the nature of detention would depend upon the circumstances of the apprehension and the crime for which committed. He indicated that of course in serious crimes no issue would be raised by the Soviet authorities, and cited by way of illustration objection to arrests of individuals such as those in General Davidov’s80 mission where identification and official position were apparent.
I pointed out also that we might have some Soviet citizens at the present time and he agreed that their release within one week would be acting within the agreement.
General Clay also made the following recommendation, which was agreed to, that in the event of border incidents either side in conducting the succeeding investigation would call upon the representatives of the opposite side to furnish an individual to participate in such investigation in order that the facts might be reconciled on the spot. He believed that this should be S.O.P. and I agreed to this and informed him that we would take action to set it up that way as had been done at various times in the past both in Berlin and along the border.81
H. R. Bull
  1. Maj. Gen. Alexander Mikhailovich Davidov, Chief Soviet Repatriation Representative, U.S. Zone of Occupation in Germany.
  2. In telegram CC–4324, September 26, to Headquarters, USFET General Clay suggested that the Agreement apply to the following categories of Soviet citizens: “(1) members of Soviet Armed Forces and persons accompanying Soviet Armed Forces; (2) members of Soviet element of Allied Control Authority; (3) official visitors sponsored by Soviet; (4) Soviet nationals connected with any Soviet governmental agency or international agency such as UNRRA or International Military Tribunal at Nuremberg; (5) families of persons falling within above four categories.

    “It is assumed that Agreement for present will not apply to other classes of Soviet citizens; in these cases there are many factors involved, such as status of Soviet DP’s and PW’s who are already dealt with under separate regulations.” (262A.6111/7–1952)