CFM Files: Lot M–88: Box 58
Report by the Deputies for Germany to the Council of Foreign Ministers 27
CFM (47) (M) 148
The Deputies submit to the Council of Foreign Ministers the following statement of agreements and disagreements arrived at in discussions during the present session on items 1 and 2 of the agenda.
On the questions of demilitarization, denazification, democratization, population transfers and territorial reorganization the Deputies recommend to the Council of Foreign Ministers that agreements be referred to the Control Council as directives for action.
The United States, French and Soviet Delegations recommend that disagreements should be referred to the Control Council for information and study. The U.K. Delegation reserves its position on the question of the action to be taken on these disagreements.
The Control Council
- shall accelerate the work of destruction of German military material and the demolition of all the military establishments and [Page 462] installations intended for carrying on war on land, on sea and in the air, in accordance with the programme already in progress by the Allied Control Council under directives 22 and 28 as amended, which looks forward to the completion of this work by 31st December, 1948, if possible.
- shall complete the plan for the liquidation of the plants constructed especially for the production of war materials (Category I) prior to July 1st, 1947.
- shall effectively complete the liquidation of factories in Category I before 30th June, 1948.
- The U.K. Delegation states that it can accept the above date but reserves the right to report to the Control Council if difficulties arise in the completion of the task by the date established and to request an extension should this prove necessary.
- shall verify with the aid of quadripartite commissions the operations for the liquidation of war potential provided for in the preceding paragraphs.
The Control Council is directed
- To take all appropriate measures to hasten the process of Denazification throughout Germany in accordance with Control Council Directives Nos. 24 and 38.
- To complete as soon as possible the removal of former active Nazis and militarists from public and semi-public office and from positions of responsibility in important private undertakings and to study the possibility of fixing a date for the completion of this process.
- To take all measures necessary to ensure that only those individuals are employed in a judicial capacity or as public prosecutors who are considered by reason of their political and moral qualities to be capable of assisting the development of genuine democratic institutions in Germany.
- To concentrate upon and to hasten the bringing to trial of war criminals, members of Nazi criminal organisations and of active supporters of the Nazi regime, without requiring the indiscriminate trial of the mass of nominal members of the Nazi Party.
- To take action in the near future through Zone Commanders to devolve upon the appropriate German authorities responsibility for carrying out Control Council Directives Nos. 24 and 38 by passing the necessary German legislation and to ensure through the Zone Commanders that the effect of the legislation so passed is such as to produce uniform treatment of all former Nazis and militarists corresponding to their degree of responsibility, while at the same time giving the German authorities discretion as to the precise methods by which they carry out this task.
The Control Council
- shall ensure the carrying out and completion of land reform in all zones of occupation in Germany in 1947.
- shall establish in all of Germany a free exchange of information and democratic ideas by all media, this exchange to be limited only by the requirements of military security, the needs of the occupation, the necessity of ensuring that Germany carries out her obligations to the Allies and the necessity of preventing the resurgence of National Socialism and militarism. This exchange should not be subject to any pressure of any sort, administrative or economic, on the part the central government or of the Laender Governments.
4. Population Transfers
- The Council of Foreign Ministers confirms the agreements
reached by the Allied Control Council for Germany recorded in
Section VII, Part 2, paragraph 5, of its Report under the title
United Nations Displaced Persons as
- Accredited representatives of interested nations whose citizens are still in camps and assembly centres allotted to Displaced Persons should have the right to visit these places when accompanied by officers of the occupation forces for the purpose of conferring with these persons.
- All propaganda directed against United Nations interests or against repatriation will be forbidden in Displaced Persons Camps.
- Distribution of newspapers, magazines and pamphlets published and printed in the countries of which Displaced Persons are citizens shall be allowed in Displaced Persons Camps. The exhibition of films produced in their native countries shall be permitted in Displaced Persons Assembly Centres after approval by proper Allied Control Authority Agencies. These Displaced Persons shall also be allowed unrestricted use of international communications facilities to correspond with their relatives and acquaintances in their home countries. The accredited repatriation Liaison Officers of the United Nations may carry between the Zones and their home countries letters from United Nations Displaced Persons.
- Organisations established for carrying on the humanitarian task of tracing missing United Nations Displaced Persons and Prisoners of War shall be continued and that all such organisations should instruct German authorities to furnish all necessary facilities required by such organisations.
- Arrangements should continue for the census and registration of all property and belongings of United Nations Displaced Persons and that the German authorities should be instructed to continue to give all possible assistance towards the legitimate return of this property with the minimum of delay.
- Arrangements should be continued for the repatriation of the remains of deceased United Nations nationals upon request of the countries concerned and that the German authorities should be instructed [Page 464] to continue to grant all necessary facilities for such purposes.
- Arrangements should continue for the care and maintenance by the German Authorities of the graves of United Nations nationals who died in Germany.
- Council of Foreign Ministers agrees upon the following
principles with reference to United Nations Displaced Persons in
Germany and to population transfers.
- Any war criminals found in Displaced Persons Camps are to be turned over under guard to the Military Command of the countries concerned upon due request and upon production of satisfactory evidence that the individuals whose transfer is requested are in fact war criminals.
- All “Committees”, “Centres”, and other similar organisations which may be found to be engaged in activities hostile to the interests of any of the Allied Powers will be immediately disbanded.
- The voluntary repatriation of Displaced Persons who are now in Germany will be accelerated.
- Control Council shall study further the whole question of the transfers of population into Germany with a view to directing to the areas best able to receive them those populations whose transfer to Germany may be decided in the future. Account shall be taken in this study of the situation existing in each Zone.
The recommendations and decisions confirmed or taken by the Council of Foreign Ministers are transmitted to the Control Council for Germany and to the Commanders-in-Chief of the occupation forces of Germany for appropriate action within their spheres of competence.
ii. disagreed questions
The positions of the various Delegations on the questions upon which no agreement has been reached under this heading are set out in the following paragraphs of document CFM(47) (M)13228
- Paragraph 4: Liquidation of Factories in Categories II, III and IV.
- Paragraph 6: German Military Formations.
- Paragraph 7: Non-German Units and Services.
The positions of the various delegations on the questions on which no agreement has been reached under this heading are set out in the following paragraphs of Documents CFM/47/M/132 and CFM/47/M/93:29 [Page 465]
- Paragraph 1 (CFM/47/M/132)—Supervision of Elections
- Paragraph 4 (CFM/47/M/132)—Basic Human Rights
- Paragraph 1, Part II (CFM/47/M/93)—Political Parties and Trade Unions
- Paragraph 2, Part II (CFM/47/M/93)—Electoral Procedure
- Paragraph 3, Part II (CFM/47/M/93)—Freedom of Movement
- Paragraph 4, Part II (CFM/47/M/93)—Education.
3. Transfer of Populations
The positions of the various delegations on the questions on which no agreement has been reached under this heading are set out in the following paragraphs of Document CFM/47/M/93:
- Paragraph a—Resettlement of DP’s Outside Germany
- Paragraph b—Administration of Displaced Persons Camps
- Paragraph c—Special Quadripartite Investigation Committee
- Paragraph d—Suspension of Transfers of Population
- Paragraph e—Organization of German emigration
- Paragraph f—Reference of Problem to International Refugee Organization
- Paragraph g—Costs of DP Maintenance
- Paragraph h—Redistribution of Refugees and Expellees
- Paragraph j—Enlistment of DP’s in Units and Services
4. Territorial Reorganization
The positions of the various delegations on the questions on which no agreement has been reached under this heading are set out in the following paragraphs of Document CFM/47/M/93—Territorial Reorganization.
- Paragraph 1—Definition of administrative and territorial divisions
- Paragraph 2—Future territorial changes
Economic Principles, the Level of Post-War German Economy and Reparations Plan
The position of each Delegation on all agreed and unagreed points has been taken subject to the general reservations contained in the following statement which serves as a preamble to Economic Principles, Section VII, CFM(47) (M)74:30
“The position of each Delegation with respect to each specific proposal is dependent upon reaching agreement as a whole on the related [Page 466] problems of the level of industry, reparations and the treatment of Germany as an economic unit.
“The French Delegation adds the following reservations: It cannot agree to any settlement of these three questions without prior settlement of the question of the export of coal in conformity with the demands of the French Government. The French Government repeats that it is ready to accept that Germany should be treated provisionally within its present borders as an economic unity without awaiting the determination of the future status of the Ruhr and Rhineland or prejudging the political and economic regime of those regions, and on the condition that the Saar should immediately be incorporated in the economic and monetary sphere of France.
“The Soviet Delegation declares that it approaches the consideration of economic principles in an organic connection with the question of reparations to which, as was stated by the head of the Soviet Delegation, the Soviet Government attaches paramount importance. In considering separate proposals advanced by various delegations concerning economic principles and especially with regard to reparations, the Soviet Delegation sees a series of points on which it can find a common solution of questions, only, however, having in view that it will meet reciprocity in the question of reparations to which it attaches a special importance.”
i. economic principles
A. Agreed point
1. Common Sharing of Resources
All delegations are agreed in principle that there should be a sharing of indigenous resources in Germany and that commodities in short supply should be allocated on a basis of uniform rations. Agricultural production shall be maximized and industry reactivated on peaceful lines as soon as possible and imports into Germany shall also be used on a common basis. (Section VII, paragraph 1, CFM(47) (M)74)
B. Unagreed points
The following points, numbered in accordance with Section VII of CFM(47) (M)74, are not agreed:
- Export-Import Plan
- Sharing of Import Deficits
- Financial Reform
- Subjection of Resources in Germany to German Law
- Occupation Forces and their Requirements
- Freedom of Movement
- Control of the Ruhr
- Annullment of the Bi-Zonal Agreement
- Economic Decentralization and De-cartelization
- Allied Control over Internal Allocations in Germany
The Deputies recommend to the Ministers that all agreed and unagreed points be referred to the Allied Control Council for information. [Page 467] The Soviet Deputy proposes that the unagreed points be referred by the Ministers to the Deputies for study. The French Deputy agrees with this proposal. The United States and United Kingdom Deputies reserve their positions.
ii. level of post-war german economy and reparations plan
A. Agreed point
The four Delegations agree to direct the Control Council to determine within three months following the completion of the Plan for Reparations and the Level of Post-war German Economy to establish the lists of the plants and the amount of equipment taken away or to be taken away within the four zones as reparations. (Section VIII, paragraph B, 1, CFM (47) (M)74)
B. Unagreed points
All other points discussed in Section VIII of CFM(47) (M)74, dealing with the level of the post-war Germany economy and the reparations plan were not agreed. The Deputies note, however, that the following text on the level of the post-war German economy
“The four Delegations agree on the necessity of a revision of the plan for reparations and the level of German post-war economy.” (excerpt from Section VIII, paragraph A,1 CFM (47) (M)74)
includes an agreement in principle. This text is included among the unagreed points because of the number of specific reservations attached to the manner of the implementation of the principle.
The Deputies recommend to the Ministers that all agreed and unagreed points on the level of the post-war German economy and the reparations plan be referred to the Allied Control Council for information. The Deputies further recommend to the Ministers that part B, 10 of Section VIII of CFM (47) (M)74, which is not agreed, be referred by the Ministers to the Deputies for study. The Soviet Deputy proposes that the other unagreed points be referred to the Deputies for study. The French Deputy agrees with this proposal. The United States and United Kingdom Deputies reserve their positions.
Form and Scope of the Provisional Political Organization of Germany (CFM (47) (M) 121)31
The Deputies submit to the Council of Foreign Ministers the following statement regarding the agreed and disagreed points which [Page 468] resulted from the Council’s discussion during the present session on the Form and Scope of the Provisional Political Organization of Germany. (CFM (47) (M) 121)
general reservation on the document as a whole
All Delegations agree that any decision on the political organization of Germany is conditional upon the prior establishment of German economic unity.
A. Central Administrative Agencies
All Delegations agree to accept:
Paragraph 1 (a) and (b)
The French Delegation accepts these two paragraphs only on condition that agreement is reached on paragraphs 2 and 3.
Agreement was not reached on the following paragraphs: 2, 3, 5, 6, and 8.
Paragraphs 5 and 6 were combined and paragraph 7 was omitted.
B. Establishment of a German Advisory Council
All Delegations agreed to accept:
Paragraph 1.—Date of the Establishment of the Council
The agreement of the French Delegation to this text is conditional on the final determination of the frontiers of Germany having been settled by that date.
Paragraph 3.—The Functions of the Council
All Delegations are agreed that “the German Advisory Council shall advise the Control Council on the general aspects of the work of the Central Administrative Agencies. This Advisory Council will also have as its task to work out within the framework of general principles laid down by the Control Council the details of a provisional constitution. The principles referred to will conform to such directives on the subject as may be issued by the Council of Foreign Ministers.”
The United States Delegation makes the following statement regarding this and subsequent parts of this report. The U.S. Delegation has agreed to the preparation of a provisional constitution on the understanding that it shall be general in nature and shall contain no more than the minimum required to operate the provisional government for the short time needed for the preparation of a permanent constitution.
The Soviet Delegation in agreeing with paragraph 3 considers that the Control Council will define a more concrete form and procedure of consultation on the part of the Advisory Council.
No agreement was reached on:
Paragraph 2.—Composition of the Council
C. Establishment of Provisional Government.
No agreement was reached on this section.
D. Provisional Government
No agreement was reached on this section.
E. The Division of Powers Between the Provisional Central Government and the “Laender” Governments.
1. The basic principle of the division
No agreement was reached on this paragraph.
2. Powers of the Central Government
All Delegations agreed on the following texts:
“The Soviet, United Kingdom, United States and French Delegations agree that: The Central government shall be competent to adopt legislative and executive measures in order to ensure the unity necessary in the following fields:
- “a. To ensure the political unity necessary: (The rest of this sub-paragraph was not agreed).
- “b. To ensure the legal
“The French, United States, Soviet and United Kingdom Delegations consider that the Council of Foreign Ministers should define the extent to which the Central German Government should be responsible for ensuring legal unity. They have therefore accepted the following text: fundamental principles of criminal, civil and commercial law; copyrights, patents and trademarks; negotiable instruments, bills of lading and other documents of title of goods.
- “c. To ensure the economic
(1) The Soviet, French, United States and United Kingdom Delegations have agreed to place within the competence of the Central Government, customs, foreign trade, import and export control, and weights and measures.”
(The subsequent subparagraphs of c. were not agreed)
- “d. To ensure the financial
(3) The Soviet, French, U.S. and United Kingdom Delegations consider it necessary that the question of a budget for common purposes should also be included within the competence of the Central Government.”
(The preceding subparagraphs of d. were not agreed.)
The agreement on these points is subject to the general reservations of the French and U.S. Delegations mentioned in subparagraphs e. and f.
No agreement was reached on the remaining parts of subparagraphs a, c, and d.
Paragraph 3—Powers of the “Laender” Governments.
No agreement was reached on this paragraph.
The UK, Soviet and French Delegations agree that the document CFM/47/121 (Form and Scope of Provisional Political Organization of Germany) was already referred to the Deputies by a decision of the Council at the 27th Meeting. The United States Delegation is not clear that such a decision has already been made, but is ready to concur if that is the case.
Liquidation of Prussia
The Council of Foreign Ministers confirmed at its 1st Meeting on 10 March 1947 the Control Council Law on the Liquidation of Prussia.
The Deputies recommend that this decision be notified to the Control Council.
Procedure for the Preparation of the German Peace Treaty (CFM/47/M/125)31a
The Deputies have considered the document on the Procedure for the Preparation of the German Peace Treaty. This document contains points of agreement and disagreement. The United States, French and Soviet Deputies recommend that the Council should remit the document to the Deputies for further consideration. The United Kingdom Deputy reserved his position on this proposal.
The United Kingdom Deputy makes the reservation that agreement on parts of this document does not mean that parts of the procedure for a German peace treaty should be put into operation before there is agreement on the whole procedure.
- This Report was prepared in pursuance of the decision by the Council of Foreign Ministers at its 4th Informal Meeting, April 22, 1947, 6 p.m. (see telegram 1511, Delsec 1458, April 22, from Moscow, p. 374), that the Deputies for Germany draw up a paper showing the status of the German questions discussed at the Conference. This Report was considered by the Council at its 42nd Meeting, April 23, 1947. For the actions taken by the Council at that meeting with respect to the Report, see the Record of Decisions, p. 381.↩
- The document under reference, dated April 15, 1947, not printed, was a redraft of the Report of the Special Committee, CFM(47) (M)122, April 11, 1947, p. 446.↩
- Ante, p. 427 ↩
- Ante, p. 409.↩
- Ante, p. 436.↩
- Ante, p. 452.↩