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

740.00119 EAC/12–1244

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

No. 4980

Washington, January 13, 1945.

The Secretary of State refers to the Department’s telegram no. 10371 of December 12, 1944⁴⁵ relative to the presentation to the European Advisory Commission of a general directive on Germany. In accordance with the information given in that telegram, there is transmitted herewith a copy of “Directive to Commander-in-Chief of U.S. (U.K.) (U.S.S.R.) Forces of Occupation regarding the Military Government of Germany in the Period Immediately Following the Cessation of Organized Resistance (Post Defeat)”. The financial section of this directive is not included; it is being given further study here and will be transmitted at a later date.

This draft directive is a revision of JCS 1067 which has been approved by the State, War and Navy Departments. It is transmitted for presentation to the European Advisory Commission as an American proposal for an over-all directive.

The British Ambassador in Washington⁴⁶ has already indicated that his Government is ready to discuss this document in the European Advisory Commission and it is hoped that negotiations thereon in the Commission can be undertaken as soon as possible.

[Enclosure]

Directive to Commander in Chief of U.S. (U.K.) (U.S.S.R.) Forces of Occupation Regarding the Military Government of Germany in the Period Immediately Following the Cessation of Organized Resistance (Post Defeat)⁴⁷

[Washington,] January 6, 1945.

1. This directive is issued to you as Commander-in-Chief of the U.S. forces of occupation and is intended to cover the establishment of military government over Germany on a tripartite basis and to lay down certain policies with respect to the administration of civil affairs in Germany for the initial period after the end of organized resistance in Germany. Identical directives are being issued simultaneously to the Commanders-in-Chief of the U.K. and U.S.S.R. forces of occupation. From time to time supplemental directives will be issued to you.

2. In carrying out this directive, you will, in matters affecting Germany as a whole, act jointly with the Commanders-in-Chief of the armed forces of the U.K. and the U.S.S.R. The three Commanders-in-Chief acting jointly, will constitute a Control Council which will be the supreme organ of control over Germany in accordance with the Agreement on Control Machinery in Germany, herewith attached as Annex A. The agreed policies of the Control Council shall be determinative throughout the Zones. Subject to such policies the administration of military government in each of the three zones of occupation shall be the sole responsibility of the Commanders-in-Chief of the forces occupying each zone. You should, however, coordinate your administration with that of the other Commanders-in-Chief through the Control Council. The administration of each zone and of the regional and local branches of any centrally directed German agencies shall be such as to insure that all policies formulated by the Control Council will be uniformly put into effect throughout Germany.

3. Prior to the defeat or surrender of Germany the primary objective of the administration of civil affairs has been to aid and support the military objective: the prompt defeat of the enemy. The primary objectives now are the occupation and administration of a conquered country with only such military operations as are necessary for the complete elimination of all resistance.

4. Pending receipt of directives containing long-range policies your objectives must be of short-term and military character in order not to prejudice whatever ultimate policies may be later determined. Germany will not be occupied for the purpose of liberation but as a defeated enemy nation. The clear fact of German military defeat and the inevitable consequences of aggression must be appreciated by all levels of the German population. The German people must be made to understand that all necessary steps will be taken to guarantee against a renewed attempt by them to conquer the world. Your aim is not oppression, but to prevent Germany from ever again becoming a threat to the peace of the world. In the accomplishment of this objective the elimination of Nazism and militarism in any of their forms and the immediate apprehension of war criminals for punishment are essential steps. It is envisaged that control or surveillance of Germany will be maintained in some form for a prolonged period,, and that military government will, when practicable, be replaced by other methods of control involving smaller commitment of forces. Military government should be so conducted as to facilitate the orderly development of forces and the tendencies within German life which will be conducive to the future introduction of less direct forms of control.

5. Your occupation and administration will be just but firm and aloof. You will strongly discourage fraternization between your troops and the German officials and population.

6. The rights, powers and status of the military government in Germany are based upon the unconditional surrender or defeat of Germany. The text of the instrument of Unconditional Surrender of Germany is attached hereto as Annex B.⁴⁸ The provisions set forth in this instrument will be imposed on Germany and fully implemented as a matter of Allied policy even though the defeat of Germany is not followed by a formal signing of this instrument.

7.

• a. Subject to the provisions of the foregoing Article 2, you are by virtue of your position clothed with supreme legislative, executive and judicial authority in the areas occupied by forces under your command. This authority will be broadly construed and includes authority to take all measures deemed by you necessary, desirable or appropriate in relation to military exigencies and the objectives of a firm military government.
• b. You are authorized at your discretion to delegate the authority herein granted to you in whole or in part to members of your command and further to authorize them at their discretion to make appropriate sub-delegations.
• c. You should take the necessary measures to enforce the terms of surrender and complete the disarmament of Germany.
• d. The Military Government shall be a military administration which will show the characteristics of an Allied undertaking acting in the interests of the United Nations.

8. The military government personnel in each zone, including those in regional and local branches of the departments of the central German administrative machinery, shall be selected by the commander-in-chief of that zone except that liaison officers of other nationality may be furnished by the commanders of the other two zones. The respective commanders-in-chief shall have exclusive jurisdiction over the members of the armed forces under their command and over the civilians who accompany them throughout the whole of Germany.

9. Representatives of civilian agencies of the U.S., U.K., U.S.S.R. governments and of other Allied governments shall, if permitted to function in Germany, be subject to the authority of the military government. United Nations’ organizations which may be admitted by the Control Council to operate in Germany will, in respect of their activities in Germany, be subordinate to the Allied control machinery and answerable to it.

10. Military administration shall be directed toward the promotion of the decentralization of the political structure of Germany. You may utilize in the beginning whatever German administrative agencies may serve the purposes of military government. You will wherever possible, however, endeavor to make use of and strengthen local municipal and regional administrative organs.

11. Appendix “A”, Political Directive; Appendix “B”, Financial Directive; Appendix “C”, Economic Directive; and Appendix “D”, Belief Directive, are attached hereto.

Appendix “A”

Political Directive

1. You will search out, arrest, and hold, pending receipt by you of further instructions as to their disposition, all persons included in the following list of categories:

a. Adolf Hitler and his chief Nazi associates;

b. All persons suspected of having committed war crimes and other offenses;

c. Officials of the Nazi Party and its formations (Gliederungen), affiliated associations (angeschlossene Verbande), and supervised organizations (betreute Organisationen), down to and including Local Group Leaders (Ortsgruppenleiter) and officials of equivalent rank;

d. All members of the political police, including the Gestapo⁴⁹ and Sicherheitsdienst der S.S.;⁵⁰

e. The officers and non-commissioned officers of the Waffen S.S.⁵¹ and all members of the other branches of the S.S.;

f. All General Staff Corps officers;

g. Officials of the police holding a rank, or equivalent positions of authority, above that of Lieutenant;

h. Officers of the SA⁵² holding commissioned rank;

i. The leading officials of all ministries and other high political officials down to and including urban and rural burgermeister and officials of equivalent rank, and those persons who have held similar positions, either civil or military, in the administration of countries occupied by Germany;

j. Nazis and Nazi sympathizers holding important and key positions in (1) National and Gau civic and economic organizations; (2) corporations and other organizations in which the government has a major financial interest; (3) industry, commerce, agriculture, and finance; (4) education; (5) the judiciary; and (6) the press, publishing houses and other agencies disseminating news and propaganda. It may generally be assumed in the absence of evidence to the contrary that any persons holding such positions are Nazis or Nazi sympathizers;

k. All judges, prosecutors and officials of the People’s Court (Volksgericht), Special Courts (Sondergerichte), and other extraordinary courts created by the Nazi regime;

l. Any national of any of the United Nations or associated states who is believed to have committed offenses against his national law in support of the German war effort;

m. Any other person whose name or designation appears on lists to be submitted to you or whose name may be notified to you separately.

n. All persons who, if permitted to remain at large, would in your opinion endanger the accomplishment of the objectives of your military government.

If in the light of conditions which you encounter in Germany you do not believe all of these persons should be subjected immediately to this treatment, you should report to the Control Council giving your recommendations and the reasons therefor.

2. Regulations dealing with the registration and identification of persons within Germany will be issued as deemed advisable.

3. A proclamation dissolving the Nazi Party and its affiliates will be issued. Every possible effort should be made to prevent any attempts to reconstitute them in underground or disguised form. The laws establishing the political structure of National Socialism will be abrogated and all necessary measures taken to uproot and discredit Nazi doctrines. No secret organizations or societies of any kind shall be permitted. Property, real and personal, of the Nazi party and its affiliates wherever found, shall be taken into custody and may be used for such purposes as you may direct. You may require health or welfare organizations which were set up, operated or controlled by the Party but which are of direct benefit to the people to transfer their functions and personnel, purged of Nazi elements and practices, to new organizations formed to carry out such functions.

4. Special efforts will be made to preserve from destruction all records, books, documents, papers, files, scientific, industrial and other information and data belonging to or controlled by the following:

a. The German Reich or any agency of government in Germany, whether central, regional, or local;

b. German military and para-military organizations; agencies and societies engaged in military research or propaganda;

c. All police organizations, including security and political police;

d. The Nazi Party and its affiliates;

e. Nazi economic organizations and industrial establishments;

f. Institutes and special bureaus devoting themselves to race, political, or similar research;

All records included in the above categories and such other records as you may deem advisable should be seized and secured, and held at the disposal of the Control Council.

5. All laws, decrees, regulations or provisions thereof, which discriminate on the basis of race, color, creed, or political opinions will be immediately abrogated. All persons who are detained or placed in custody by the Nazis on these grounds will be released, subject to the interests of the individuals concerned. You will take steps to insure that such people, if not released, are provided with adequate clothing, food and quarters.

6. The criminal and civil courts of Germany will be closed. After the elimination of all Nazi elements, at such time and under such regulations, supervision and control as may be determined, the courts will be permitted to resume functioning. Full power of review and veto will be retained by the occupation authorities over all courts which are allowed to function. All politically objectionable courts; e.g., People’s Courts and Special Courts, will be abolished. Criminal and ordinary police, and such others as it may be proper to retain, under appropriate supervision, must be purged of Nazi or otherwise undesirable elements, who will also be arrested and held for disposition.

7. No person in Germany, other than authorized United Nations nationals, shall be permitted to possess arms of any character except that such local police as may be utilized to maintain order may be armed with appropriate law enforcement weapons.

8.

• a. All members of the Nazi party and ardent supporters of Nazism will be removed immediately from all government positions (other than clerks and non-policymaking functionaires) and from all leading positions in industry, banking, education, judiciary, and other public services. Under no circumstances shall such persons be retained in such offices for the purpose of administrative convenience or expediency.
• b. You will decide whether the objectives of military government are better served by the appointment of officers of the occupation forces or by the use of the services of Germans who have been cleared by the security branches of the Allied armies. Failure by such Germans as are permitted to fill Government posts to conform with Allied directives and instructions will be cause for removal and such punishment as you may deem advisable.

9. Subject to the provisions of paragraph 11 and to the extent that military interests are not prejudiced, freedom of speech and press, and of religious worship, will be permitted. Consistent with military necessity, all religious institutions will be respected. All efforts will be made to preserve historical archives, classical monuments and works of art, except that all archives, monuments and museums of Nazi inception, or which are devoted to the perpetuation of German militarism shall be appropriately dealt with, seized or closed and their properties held pending further instructions.

10.

• a. Prisoners of war belonging to the forces of the United Nations and associated nations will be freed from confinement and placed under military control or restriction as may be appropriate pending other disposition.
• b. All nationals of allied nations who have been removed to Germany under duress to serve in labor battalions, or any other units organized by the Nazis, after identification will be repatriated in accordance with the regulations to be established after consultation with the governments of the countries concerned. Pending repatriation, such persons should be adequately taken care of and, if deemed advisable, their freedom of movement restricted. Former prisoners of war released by the Axis may be found among the forced laborers. They should be identified and requests addressed to their respective military commands for instructions as to their disposition.
• c. All allied civilians resident or interned in Germany as a result of their presence in that country upon the outbreak of war shall be identified, examined closely and may, if deemed advisable, be placed under restricted residence. These people will be dealt with in accordance with agreements reached after consultation with the governments of the countries concerned. In general, all practical measures will be taken to insure the health and welfare of United Nations nationals, including provision for employment as authorized and practicable, and repatriation should be undertaken as rapidly as military conditions permit.
• d. All diplomatic and consular officials of powers with whom the United States (U.K.) (U.S.S.R.) remains actively at war will be taken into protective custody and held for further disposition. All other nationals of such powers will be interned. All nationals of other countries with which any of the United Nations are or have been at war (except Germany) will be identified and registered and may be interned or their activities curtailed as may be necessary under the circumstances. Diplomatic and consular officials of such countries will be taken into protective custody and held for further disposition.
• e. All German diplomatic and consular officials and other agents will be recalled. If their recall cannot be effected or if their recall is not practicable by reasons of nationality, their authority as agents for Germany will be terminated. All records and files of these agents and officers will be ordered returned to Germany or otherwise made available for appropriate inspection.
• f. Nationals of neutral countries must register with the appropriate military authorities. Every facility and encouragement will be given these people to return to their home countries, except those neutrals who have actively participated in any way in the war against any one of the United Nations in which event they will be detained, pending receipt of further instructions as to their disposition. Neutral nationals will be accorded no special privileges of communication or business relationships with their home countries or people resident outside Germany. Restrictions on neutrals entering Germany shall be imposed as may be deemed advisable. Persons and property of diplomatic and consular officials of neutrals will be accorded full protection.

11.

• a. Dissemination of Nazi doctrines and Nazi propaganda in any form shall be prohibited. All schools and universities will be closed. Elementary schools should be reopened as soon as Nazi personnel have been eliminated and text-books and curricula provided which are free of Nazi or militaristic doctrines. Steps should be initiated to prepare satisfactory text-books and curricula and obtain teaching personnel free of any taint of Naziism or militarism for secondary schools. You should report to the Control Council prior to reopening secondary schools.
• b. No political activities of any kind shall be countenanced unless authorized by the occupation authorities. No political personalities or organized political groups shall have any part in determining the policies of the military administration. It is essential to avoid any commitments to any political elements.
• c. The publication of all newspapers, magazines, journals and other publications and the operation of all German radio stations and the dissemination of news or public information by mail, motion pictures, telephone, cable or other means will be suspended. Thereafter, the dissemination of news or information may be permitted subject to such censorship and control as are considered necessary in the interests of military security and intelligence and in order to carry out the principles laid down in this directive.

12. Except in accordance with regulations established by the Control Council, no person shall be permitted to leave or enter the area under your command without your authority.

13. No German parades, military or political, civilian or sports, shall be permitted anywhere in Germany. No German military music, or German national or Nazi anthems shall be played or sung in public or before any group or gatherings. Public display of German national or Nazi flags and other paraphernalia of Nazi or affiliated organizations shall be prohibited. All flags, publications, and other paraphernalia of the Nazi party or affiliated organizations shall be seized and amounts shall be set aside to distribute to approved foreign museums and the remainder will be held for disposition under your direction.

Appendix “B”

Financial Directive

No draft of Financial Directive is included in this paper. The Financial Directive draft is being studied further and will be submitted at a later date. Pages 15 to 21, inclusive, are reserved for this purpose.

Appendix “C”

Economic Directive

1. You shall assume such control of existing German industrial, agricultural, utility, communication and transportation facilities, supplies, and services, as are necessary for the following purposes:

a. Assuring the safety of your forces, the satisfaction of their needs, and the accomplishment of your mission.

b. Assuring the immediate cessation of the production, acquisition or development of implements of war.

c. Assuring, to the extent that it is feasible, the production and maintenance of goods and services essential (1) for the prevention or alleviation of epidemic or serious disease and serious civil unrest and disorder which would endanger the occupying forces and the accomplishment of the objectives of the occupation; and (2) for further military operations to be conducted in other theaters (but only to the extent that specific directives of higher authority call for such goods or services).

d. Preventing the dissipation or sabotage of German resources and equipment which may be required for relief, restitution, or reparation to any of the Allied countries, pending a decision by the appropriate Allied governments whether and to what extent German resources or equipment will be used for such purposes.

e. Exercising appropriate supervision over transactions of all types between your zone and areas outside Germany.

f. Facilitating the prompt restitution to liberated countries of identifiable property looted by Germans.

g. Prohibiting exports from Germany except for restitution, making surpluses available to liberated areas and for other purposes as may be specified in agreed policies of the Control Council. Except for the purposes specified above, you will take no steps (1) looking toward the economic rehabilitation of Germany, nor (2) designed to maintain or strengthen the German economy. Except to the extent necessary (1) to accomplish the purposes set out above, and (2) to assure thorough elimination of discriminatory Nazi practices in actual operation of economic controls, the responsibility for and the task of dealing with such economic problems as price controls, rationing, unemployment, production, reconstruction, distribution, consumption, housing or transportation will be left in German hands. You should, however, take such steps as may be necessary to assure that economic controls are operated in conformity with the above purposes and the general objectives of military government.

2. You will make a survey to determine:

(a) the extent to which productive capacity and supplies within your zone are or can be made available for shipment to other zones of occupation or to other countries or for relief and rehabilitation in the devastated areas of Europe, and

(b) the extent to which the fulfillment of the purposes stated in paragraph 1 above will necessitate shipment of supplies to your zone from other zones of occupation or from zones outside of Germany.

3. You will take such steps as are necessary to protect from destruction by the Germans, and maintain for such ultimate disposition as may be determined by the Control Council all plants, property, patents and equipment and all books and records of large German industrial companies and trade and research associations that have been essential to the German war effort and the German economy. In this connection you will pay particular attention to research and experimental establishments of such concerns.

4. You should take measures to prevent transfers of title of real and personal property intended to defeat, evade or avoid the orders, proclamations or decrees of the military government or the decision of the courts established by it.

5. Substantial amounts of private and public property of various categories have been seized, looted or otherwise improperly acquired by various Nazi officials and others. While it is contemplated that a suitable commission will ultimately deal with this problem you should take such steps as may be practicable to collect any available information as to property of this kind and to preserve any such property found in the area under your control.

6.

• a. All property in the German territory belonging to any country with which any of the United Nations are, or have been at war may be controlled, subject to such use thereof as you may direct.
• b. Your responsibility for the property of the United Nations, other than U.K., U.S. and U.S.S.R., and their nationals, in areas occupied by Allied forces shall be the same as for the property of U.K., U.S., and U.S.S.R., and their nationals, except where a distinction is expressly provided by treaty or agreement. Within such limits as are imposed by the military situation you should take all reasonable steps necessary to preserve and protect such property.

7. You will take all practicable steps to uncover and compile evidence concerning property held abroad for German public or private account or benefit.

Appendix “D”

Relief Directive

1. You will be responsible for the provision and distribution of supplies for civilian relief to the German population only to the extent necessary to prevent disease and such disorder as might endanger or impede military occupation. For this purpose you will make maximum use of supplies, stockpiles and resources available within Germany in order to limit the extent to which imports, if any, will be required. German import requirements shall be strictly limited to minimum quotas of critical items and shall be subordinated to the fulfillment of the supply requirements of any liberated territory.

2. German food and other agricultural supplies will be utilized for the German population. It will be necessary to hold German consumption in your zone to a minimum so as to augment the supply of agricultural products to zones having a deficit of such products and to the devastated areas of Europe. You will report on any surpluses that may be available. If supplies available in your zone are insufficient for fulfillment of the purposes set forth in Appendix C, paragraph 1, you will report such deficits to the Control Council, which will establish policies with respect to the inter-zonal problem resulting from regional surpluses and deficits.

3. You will permit the German authorities to maintain or reestablish such health services and facilities as may be available to them under the circumstances. In the event that disease and epidemics should threaten the safety of Allied troops or endanger or impede military occupation, you shall take such steps as you deem necessary to protect the health of Allied troops and to eradicate sources of contamination.

45. Foreign Relations, 1944, vol. i, p. 418.
46. Lord Halifax.

47. Filed separately under 740.00119 Control (Germany)/3–2245. A note by the Secretariat of the State-War-Navy Coordinating Committee entitled “Redraft of JCS 1067 as a Tripartite Directive (Initial Post-Defeat Directive Germany)”, designated SWNCC 2, dated January 8, 1945, reads as follows:

    “1. At its meeting on 6 January 1945 the State-War-Navy Coordinating Committee agreed to recommend to the Secretary of State that the enclosed redraft of JCS 1067 be transmitted to the United States Representative in the European Advisory Commission for use as a basis of tripartite negotiations in the European Advisory Commission and as representing the United ‘States view on the matters covered in the paper. The redraft is designed to rephrase that paper (originally in the form of a directive from the Combined Chiefs of Staff to a combined theater commander) as a directive from each of the three governments (U.S., U.K., U.S.S.R.) to its commander-in-chief. Such a redraft was necessary in order to put JCS 1067 in an appropriate form for discussion (as requested by the British Ambassador) in the European Advisory Commission rather than in the form of a Combined Chiefs of Staff directive. Certain changes were also appropriate in view of the recently approved Control Machinery Protocol (JCS 1130, 1130/1, and 1130/2).”

    The note is signed by Wallace E. Whitson, Kelvin Nutting, and Harold W. Mosely of the Secretariat of the State-War-Navy Coordinating Committee.

48. Annex B not printed: for text of the instrument of surrender of Germany,, see Foreign Relations, 1944, vol. i, p. 256.
49. Geheime Staats Polizei (German Secret State Police).
50. Security Forces of the Schutzstaffel (Nazi Black Guards).
51. Military Formations of the Schutzstaffel.
52. Sturmabteilung (Nazi Storm Troops).