Foreign Relations of the United States: Diplomatic Papers, 1944, General, Volume I

740.00119 EAC/11–1444

Report by the European Advisory Commission to the Governments of the United States of America, the United Kingdom, and the Union of Soviet Socialist Republics ⁷³

In virtue of the Terms of Reference of the European Advisory Commission agreed upon at the Moscow Conference, the Commission has given attention to the machinery required to ensure the fulfilment of the terms of surrender to be imposed on Germany, as well as of any additional requirements which may be presented to Germany in accordance with those terms. Accordingly, we submit herewith, for the consideration of the three Governments, a proposed Agreement on Control Machinery in Germany.⁷⁴

2. At the present time, it is difficult to determine the course of events in Germany after surrender or cessation of organised resistance. The immediate problem is to decide what Allied agencies should be set up in Germany directly after surrender or cessation of organised resistance and immediately upon the occupation of Germany by armed forces of the United States of America, the United Kingdom and the Union of Soviet Socialist Republics.

3. The plan contained in the attached proposed Agreement provides for the tripartite agencies of control and administration to cover the period of occupation of Germany following her defeat, during which Germany will be carrying out the basic requirements of unconditional surrender.

4. The purposes of these agencies of control and administration will comprise the control of the disarmament of Germany, including the most urgent tasks of economic disarmament; the abolition of the Nazi regime; and the preparation of conditions for the creation in Germany of organs based on democratic principles.

5. We have not found it possible to indicate what should be the duration in point of time of the period to be covered by the proposed Agreement. We would recommend, however, that the tasks assigned to the organs of control during that period should be carried out in as short a time as possible, and that the moment for the inauguration of the second period should be decided by the three Governments after consultations with their Commanders-in-Chief.

6. We have based our draft on the assumption that there will at the outset be a central administration in Germany through which the organs of control will operate. The machinery of tripartite control which we recommend would, however, be capable of adjustment to meet other conditions.

7. We have individually reported to our respective Governments on the course of the discussions which have taken place in arriving at the contents of the Agreement which is hereto attached. It is unnecessary for us, therefore, to repeat the history of those discussions.

8. In order to ensure that the control machinery proposed in the Agreement will be prepared to assume its functions with minimum delay, we recommend that nucleus control machinery, in accordance with the provisions of this Agreement, be established on a tripartite basis as soon as possible after the Agreement has been approved.

9. We recommend, with reference to Article 8 of the Agreement, that the three Governments should jointly issue a public statement at the time of the signature of the Instrument of Surrender to the effect that, in connection with the exercise of the powers assumed by them in the Instrument of Surrender, they will consult with the Governments of other United Nations.

10. We further recommend that the main points of the attached Agreement on Control Machinery in Germany be published by the three Allied Representatives as a Proclamation to the German people immediately after the signing of the Unconditional Surrender Instrument or immediately following the cessation of organised resistance in Germany. This Proclamation would also include a description of the Zones of Occupation.

For the Representative of the Government of the United States of America on the European Advisory Commission:

Philip E. Mosely

Representative of the Government of the United Kingdom on the European Advisory Commission:

William Strang

Representative of the Government of the Union of Soviet Socialist Republics on the European Advisory Commission:

F. T. Gousev

London , 14 November, 1944.

73. Transmitted to the Department by the Acting United States Representative on the European Advisory Commission, Philip E. Mosely, in despatch 19196, from London, November 14, 1944; received November 20.
74. See bracketed note, p. 404.