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

740.00119 EAC/7–1144

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

No. 16858

London, July 11, 1944.
[Received July 18.]

Sir: With reference to the enclosure to the Department’s instruction No. 3784 of February 26, 1944, entitled “Germany: Occupation Period: Proposed Control Machinery for the Administration of Military Government in Germany” (WS–15C), dated January 27, 1944, I have the honor to transmit a paper on the “Principles of Allied Military Government in Germany” which has been prepared by this delegation’s Planning Committee and which has been approved by Ambassador Winant’s advisers.

This paper is a statement of certain fundamental principles covering the objectives and general framework of Allied military government in Germany. It takes into account the provisions of WS–15C, which was circulated in the Commission on March 25, 1944, as EAC 44/16.⁹⁷ It also takes into account the British paper EAC 44/17.^97a It does not cover Soviet views, which, as the Department is aware, have not as yet been stated by Mr. Gousev.

The United States political, military, military air and naval advisers attach considerable importance to this document, which they hope will be given prompt and careful consideration. They would like to see it or a similar paper cleared in Washington and formally sent back to Ambassador Winant with authorization for its circulation in the Commission. If the three delegates were to agree on such a set of principles, the more detailed plans for the Allied control machinery in Germany might be worked out by a group of advisers from the three delegations, thus expediting completion of the work on this subject.

Respectfully yours,

For the Ambassador:

E. Allan Lightner, Jr.

Secretary, U.S. Delegation European Advisory Commission

[Enclosure]

Principles of Allied Military Government in Germany

[London,] 12 July, 1944.

(Revised Draft)

It is suggested that Mr. Winant may desire to obtain agreement with Mr. Gousev and Sir William Strang on certain fundamental principles to be embodied in the plans of military government in Germany in order that existing differences may be expeditiously resolved in principle by the delegates. Such an agreement could then be referred to a tripartite committee of advisers with instructions to work out a draft plan of control machinery in such detail as may be desirable or possible at this time.

The broad principles on which we might secure agreement are as follows:

1. Main objectives of control machinery:

a. To supervise and enforce the execution of the surrender terms;

b. To disarm and to demilitarize Germany, and to destroy Germany’s war making potential;

c. To apprehend and punish Germans who have committed war crimes;

d. To liquidate the Nazi party and to discredit its doctrines;

e. To provide control over the existing administrative machinery in Germany;

f. To provide administrative machinery where governmental agencies have ceased to function or where no machinery exists to carry out Allied policies;

g. To guide the political reconstruction of Germany on a basis which will provide the maximum German contribution to international security;

h. To supervise the economic reconstruction of Germany on a basis which while providing minimum subsistence in Germany, will furnish the maximum German contribution to the relief, rehabilitation and reparation of the United Nations.

2. The Supreme Authority:

The Commanders-in-Chief of the three Allied forces, as the representatives of the three Allied Governments, should comprise a tripartite Supreme Authority which should direct a military government of Germany in accordance with the instructions of the three Governments.

3. Control Council:

a. The Supreme Authority should have subordinate to it, a Control Council composed of experienced and qualified military, political and economic assistants furnished in equal numbers by each of the three Allied Governments, which should direct and supervise on a tripartite basis the major divisions of the military government.

b. The Council should direct and supervise the government of Greater Berlin.

c. The Control Council should, as a major function, recommend to the Supreme Authority, the policies to be followed with respect to the administration of the military government. The Control Council would thus supplant the policy-making organs of the existing German government now composed of leading Nazis.

d. The Council should be small enough to provide efficient operation, but large enough to exercise effective general supervision over the administrative departments subordinate to it.

4. Administrative machinery:

a. To the extent possible, the existing German administrative machinery, but not policy-making machinery, should be used for the execution of agreed policies and the routine administration of Germany. The employment of leading Nazis or persons suspected of being war criminals should not be permitted at any level of administration. In practice it may be necessary for the efficient conduct of the administration to employ professional government servants who have held nominal party membership but have not participated actively in party affairs.

b. There should be tripartite participation by the three Allied Governments in all places in the central administration where high policy is formulated or directed; in other places in the central administration there may be one chief and two deputies or even a single Allied official. Distribution of Allied personnel should be maintained on an equitable basis.

c. At regional branches of the departments of the central German administrative machinery, control should customarily be exercised by a single official who normally would be of the same nationality as the troops occupying the zone in which the branch is located. Liaison officers of the other two nationalities could be attached to these regional branches, if either of the two other countries so desire.

d. Such control officials in regional branches of departments which are centrally operated, should normally receive their instructions through the channels of the central control administration.

e. The administration in each zone and in regional branches of the German Government should be such as to insure that all policies promulgated through the central control council, will be implemented in a uniform manner throughout Germany.

97. See footnote 14, p. 185.
98. Dated 2 May, p. 211.