SWNCC Files
No. 808
The Joint
Chiefs of Staff to the State–War–Navy
Coordinating Committee
secret
SM–2621
Washington [Babelsberg], 23 July 1945.
Memorandum for the
State–War–Navy
Coordinating Committee
Subject: Proposed Statutes for Allied Control
Commission for Hungary.
The Joint Chiefs of Staff have considered the report by the
State–War–Navy Coordinating
Subcommittee for Europe on “Proposed Statutes for Allied Control
Commission for Hungary” and perceive no objection from the
military point of view.
For the Joint Chiefs of Staff:
A. J. McFarland
,
Brigadier General, U. S. A.
Secretary.Proposed Statutes for
Allied Control Commission for Hungary
| References: |
a. SWNCC 151/D (J. C. S. 1416)2 |
|
b. J. C. S. 722/93 |
Report by the State–War–Navy Coordinating
Subcommittee for Europe
the problem
1. To consider the recommendations of the Chief, U. S.
Section, Allied Control Commission for Hungary for proposed
statutes of the Allied Control Commission for Hungary for
the period from the end of hostilities against Germany to
the conclusion of peace with Hungary (Appendix “A”, SWNCC 151/D) (Appendix “A”
JCS 1416) and to make
recommendations to the State–War–Navy Coordinating Committee (SWNCC).
facts bearing on the
problem
2. An Allied Control Commission in Hungary has been operating
under a protocol3 containing the Statutes of the Allied
Control Commission [Page 704]
for Hungary (J. C. S. 722/9,
Appendix “C”) since the signing of armistice terms for
Hungary on 20 January 1945.4 In
their present form those Statutes prescribe the organization
and procedure, in certain respects, only for the first
period of the Armistice, i. e., from the date of the
Armistice Agreement to the end of hostilities against
Germany.
3. The proposed Statutes are intended to cover the second
period, i. e., from the end of hostilities against Germany
to the conclusion of peace with Hungary.
4. As indicated by the comments of the Chief, U. S. Section,
Allied Control Commission for Hungary (Annex “B” to Appendix
“A”, SWNCC 151/D) (Annex
“B” to Appendix “A” JCS
1416) an effort has been made in the draft of the proposed
Statutes to retain as much of the agreed phraseology of the
present Statutes as possible and at the same time make
provision for a greater participation by the U. S. and
British on a more truly tripartite basis.
5. A redraft of the proposed Statutes (Tab to Annex to
Appendix “B”)5 has
been prepared, incorporating certain policy changes,
explained below, and certain minor changes. The more
important changes are:
- a.
- The deletion of the word “principal” in paragraph
1 in describing the functions of the Commission. It
is felt that the advantages obtained by its
inclusion would be outweighed by the disadvantages
in the implied broadening of the scope of activities
of the Commission beyond enforcement of the
armistice terms, and that the functions which
General
Key mentions in his comments6 on this article may
justifiably continue to be carried out when
necessary under other provisions of the
statutes.
- b.
- Article 2 has been clarified to describe the
Chairman as representing the Soviet Government and the Soviet Military Command
in Hungary.
- c.
- Section (b) of Article 5
has been included in substance in Article 4 to
insure that proposals of all three members be
included in the agenda; section (e) is being deleted as being included in
substance in Article 2 and 4. Article 4 has also
been modified by the deletion of the phrase
“Questions of policy shall be referred to the
governments of the Soviet Union, the United Kingdom
and the United States.” Since questions of policy
which could be decided only at a governmental level
would naturally be referred to the participating
governments, this provision has been omitted and the
sentence now reads “Decisions of the Commission
shall be made only upon the concurrence of the
principal representative of each of the three
participating governments.”
[Page 705]
conclusion
6. The proposed Statutes should be adopted as redrafted (Tab
to Annex to Appendix “B”) on the basis of the suggestions
given in paragraph 5 above.
recommendations
7. It is recommended:
- a.
- That this report be submitted to the Joint Chiefs
of Staff for consideration from the military point
of view.
- b.
- That if the Joint Chiefs of Staff have no
objections the memorandum in the Annex to Appendix
“B” be forwarded to the Secretary of State by the
State–War–Navy
Coordinating Committee.7
[Subattachment]
Draft of Statutes of the Allied
Control Commission in Hungary
secret
(Note: By this draft it is intended
to prescribe the organization and procedure of the
Commission during the second period of the Armistice, i. e.,
from the end of hostilities against Germany, May 8th, to the
conclusion of peace. In their present form the Statutes
prescribe the organization and procedure, in certain
respects, only for the first period of the Armistice, i. e.,
from the date of the Armistice Agreement, January 20th, to
the end of hostilities against Germany. Consequently certain
old provisions, applicable only to the first period, may now
be omitted, and certain new provisions are required. So far
as feasible the form and terminology of the present Statutes
have been retained.)
- 1.
- The functions of the Allied Control Commission in
Hungary shall consist of the regulation and control, for
the period up to the conclusion of peace, over the exact
fulfillment of the Armistice terms set forth in the
Agreement concluded on the 20th January 1945 between the
Governments of the Soviet Union, the United Kingdom and
the United States, on the one hand, and the Provisional
National Government of Hungary on the other.
- 2.
- The Allied Control Commission shall be headed by a
Chairman who shall be a representative of the Soviet
Government and of the Soviet Military Command in
Hungary. The Chiefs of the American and British Missions
shall be Vice Chairmen of the Commission. The Chairman
may also appoint a third Vice Chairman of the Commission
and such political and military assistants as may be
required, and a Chief of Staff of the Commission.
Representatives of the United Kingdom and the United
States will be included in the composition [Page 706] of the Control
Commission and of each division thereof. The Allied
Control Commission shall have its own seal and its
headquarters shall be at Budapest.
- 3.
- The Allied Control Commission shall be composed of:
- (a)
- A staff.
- (b)
- A political division.
- (c)
- An administrative division.
- (d)
- A military division.
- (e)
- An air force division.
- (f)
- A river fleet division.
- (g)
- An economic division.
- The staff will include officers of the armed forces of
all three participating governments and will have a
liaison section. The duties of the liaison section will
include receipt from and transmission to the Hungarian
Government of all communications, reports, directives,
or other documents relating to the fulfillment of the
Armistice terms.
- 4.
- The Chairman shall call meetings of the Commission at
least twice each month and shall cause agenda, which
will include proposals of any of the principal
representatives of the three participating governments,
to be prepared for such meetings and delivered to each
of them at least two days in advance of the meeting for
which prepared. In the absence of unanimous agreement of
such principal representatives, only matters appearing
on the agenda shall be considered at each meeting.
Decisions of the Commission shall be made only upon the
concurrence of the principal representatives of each of
the three participating governments.
- 5.
- Representatives of the Soviet Union, the United
Kingdom and the United States shall have the right
- (a)
- To receive oral and written information from
any official of the Commission on all matters
connected with the fulfillment of the Armistice
Agreement;
- (b)
- To receive promptly copies of all
communications, reports and other documents which
may interest their respective governments;
- (c)
- To make journeys and move freely anywhere, and
by any means of transportation, on Hungarian
territory, with complete freedom of entrance from
outside Hungary to any point within Hungary, and
with complete freedom of exit from Hungary;
- (d)
- To communicate with the Hungarian Government
or any of its agencies, through the liaison
section of the staff;
- (e)
- To determine the size and composition of their
own delegations;
- (f)
- To communicate directly with their respective
governments by cypher, telegram and by diplomatic
mail, for which purpose they shall have the right
to receive and dispatch diplomatic courier[s] by
air at regular intervals, upon notification to the
Chairman;
- (g)
- To determine the amount of money required from
the Hungarian Government for the expenses of their
respective staffs and to obtain such funds through
the Commission;
- (h)
- To transport personnel, mail and supplies to
and from Hungary by airplane or by motor or other
transportation, upon notification to the Chairman
of the Allied Control Commission;
- (i)
- To call in specialist-officers or other
experts for consultation, for making surveys or
for working out special questions which arise
during the work of the Allied Control
Commission.
- 6.
- The Allied Control Commission shall have its
representatives in the provinces, districts, ports, and
at the most important enterprises for the organization
of local control.
