Foreign Relations of the United States: Diplomatic Papers, 1945, European Advisory Commission, Austria, Germany, Volume III

740.00119 EAC/7–345

Memorandum by the State-War-Navy Coordinating Committee to the Secretary of State ⁸¹

Washington, 3 July 1945.

The State-War-Navy Coordinating Committee (SWNCC) has considered certain draft directives with respect to Germany which were prepared by the U.S. Advisers, European Advisory Commission (EAC) and which were transmitted by Ambassador Winant. Certain of these have been disposed of by separate JCS papers,⁸² but certain others of them have not been so disposed of, namely: (a) Political Prisoners, JCS Memo 326; (b) War Criminals, JCS Memo 332; (c) Dissolution of the Nazi Party and Purge of Nazi Personnel, JCS Memo 334; (d) Property Control, JCS Memo 322; (e) Food and Agriculture, JCS Memo 329; (f) Labor, JCS Memo 333; (g) Coal, JCS Memo 339; (h) Oil, JCS Memo 347; (i) Internal Trade, JCS Memo 348; (j) Foreign Trade, JCS Memo 349; (k) Control of Educational Institutions in Germany, JCS Memo 309; and (l) Removal of German Officials and Civilians in Territories Formerly under German Control, JCS Memo 341.⁸³

The recent revision of JCS 1067 (IPCOG 1/4) (JCS 1067/6 as amended by JCS 1067/8)⁸⁴ contains adequate treatment of the policy questions raised in the unprocessed draft directives.

There is set forth in the Enclosure hereto a list of such draft directives and the appropriate paragraphs of JCS 1067/6, as amended by JCS 1067/8 dealing with their subject matter.

With the exception of the draft directive on War Criminals (JCS Memo 332) now in the course of preparation and except as noted below, it is not believed necessary to provide the United States Representative on EAC with further expression of U.S. policy on these matters. It is suggested that Ambassador Winant be advised that the recent revision of JCS 1067 adequately treats the policy questions raised in the draft directives and that it is not believed necessary to transmit further expressions of U.S. policy on these matters at this time.

As to the Removal of German Officials and Civilians in Territories Formerly under German Control (JCS Memo 341), arrangements should be made between the Control Council and the governments of the liberated countries in which such persons are found, and in the case of Austria with the Allied Administration there, concerning the repatriation to Germany of such persons. In the absence of such arrangements, a zone commander may arrange with appropriate authorities in any liberated country for the repatriation of such persons into his zone.

For the State-War-Navy Coordinating Committee:

H. Freeman Matthews

Acting Chairman

[Enclosure]

There is set forth below a list of the draft directives prepared by the U.S. Advisers, EAC, and not acted upon separately by SWNCC or JCS. In the right hand column are set forth the paragraphs of JCS 1067/6, as revised by JCS 1067/8, which deal particularly with the subject matter of the draft directives:

a. Disposition of Political Prisoners, JCS Memo 326	13
b. War Criminals, JCS Memo 332, briefly touched upon (a separate directive is in the course of preparation)85	8
c. Dissolution of the Nazi Party and Purge of Nazi Personnel, JCS Memo 334	6
d. Property Control, JCS Memo 322	6, 15, 29 and 48
e. Control of Food and Agriculture, JCS Memo 329	27 and 28
f. Control of Labor, JCS Memo 333	23 to 26 inclusive
g. Control of Coal Industry, JCS Memo 339	34c
h. Control of Oil Industry, JCS Memo 347	30, 32 and 34
i. Control of Internal Trade, JCS Memo 348	16, 18, 21 and 22
j. Control of Foreign Trade, JCS Memo 349	40, 41, 42, 49 and 50
k. Control of Educational Institutions in Germany, JCS Memo 309	14

81. This memorandum was included as Appendix “A” to a report by the State-War-Navy Coordinating Subcommittee for Europe which was designated SWNCC 14/1, dated June 21, 1945. In an action designated SWNCC 14/2, the State-War-Navy Coordinating Committee approved SWNCC 14/1. This memorandum was transmitted to London in instruction 5847, August 6, 1945, not printed.
82. See the report of the State-War-Navy Coordinating Subcommittee for Europe, p. 426, and the memorandum by the Chairman of the State-War-Navy Coordinating Committee (Dunn) to the Secretary of State, March 24, p. 474.
83. None printed.
84. JCS 1067/6 was the same as IPCOG 1, April 26, 1945, “Directive to Commander in Chief of United States Forces of Occupation Regarding the Military Government of Germany”, p. 484. JCS 1067/8 amended JCS 1067/6 as indicated in the memorandum by the Joint Chiefs of Staff to the Secretary of War and the Secretary of the Navy, May 10, p. 509.
85. U.S. Draft Directive on the identification and apprehension of persons suspected of war crimes or other offenses and trial of certain offenders, designated E.A.C. (45) 63, not printed, was circulated in the European Advisory Commission by the United States Representative (Winant) on August 15, 1945 (740.00119-EAC/6–1545). For text, see Conference of Berlin (Potsdam), vol. i, p. 580.