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

740.00119 EAC/9–445: Telegram

The Acting Secretary of State to the Ambassador in the United Kingdom (Winant)

Washington, September 6, 1945—8 p.m.

7667. Reurtel 9015, Sept. 4. State-War-Navy Coordinating Committee has approved “Additional requirements” except for Art. 38.⁹⁰ Committee believes this article is not a requirement to be imposed upon Germans and consequently not appropriate for inclusion in agreement directed to Germans.

This Govt believes Control Council is now proper place for negotiating subject matter of Art. 38 which relates exclusively to arrangements between Occupying Powers. Our policy is contained in draft directive on renegades and quislings which was sent to you for use in EAC negotiations (Dept instruction 5546, May 31⁹¹). This draft directive will be submitted to Control Council for negotiation.

For your information and guidance we feel that Art. 38 might compel us to deliver substantial numbers of persons over to political persecution. Draft directive provides for use of discretion on part of commanding general to refuse delivery of individuals not legitimately indictable as renegades and traitors, a position we wish to maintain out of considerations of decency and humanity.

Repeated to Murphy with instruction to use own discretion as to publication in toto or in part provided deletion is acceptable to other Govts.⁹²

Acheson

90. On July 7, 1945, the agreement on additional requirements to be imposed on Germany and the accompanying report by the European Advisory Commission were circulated in the Informal Policy Committee on Germany for consideration by the Committee and for reference to the Joint Chiefs of Staff for comment from a military point of view. After the dissolution of the Informal Policy Committee on Germany, consideration of the agreement on additional requirements was transferred to the State-War-Navy Coordinating Committee. On September 1, the Joint Chiefs of Staff informed SWNCC that there was no objection from the military point of view to the agreement.

    Article 38 of the agreement read as follows: “Any person referred to in subparagraph 36 (b) above who may be apprehended or surrendered to the Allied Representatives will be handed over immediately, on demand, to the Government of the United Nation concerned.” The persons referred to in paragraph 36 (b) included “any national of any of the United Nations who is alleged to have committed an offence against his national law and who may at any time be named or designated by rank, office or employment by the Allied Representatives”.

91. Ante, p. 514.
92. In his telegram 440, September 4, 5 p.m., from Berlin, the United States Political Adviser for Germany reported that the British were strongly in favor of publishing in toto the agreement on additional requirements (740.00119 Control (Germany)/9–445).