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

740.00119 EAC/7–1345

Memorandum by the Informal Policy Committee on Germany to the Secretary of State ¹⁷

Washington, 13 July 1945.

The Informal Policy Committee on Germany has considered the United Kingdom’s memorandum on “Representation of Foreign Countries in Germany after Surrender” (E.A.C. (45) 47) (SWNCC 125/D¹⁸) and is in general agreement with the proposals outlined therein, subject to the following comments:

a. With regard to representation by military missions of the United Nations “chiefly interested”:

The list presented by the United Kingdom memorandum of smaller United Nations deemed to be “chiefly interested,” as that term is used in Article 8 of the Agreement on Control Machinery in Germany, is acceptable, inasmuch as the list includes all those states which have actively participated in the European war and which have been given a special recognition by advance notification of the declaration of 5 June.¹⁹ No invitation should be extended to Poland, however, until such time as there is a single Polish government recognized by the four occupying powers.

The invitations should be sent jointly by the four Powers as soon as feasible. The British proposal to send the invitations not later than the issue of the “public statement” provided for in paragraph 9 of the EAC report covering the Control Machinery Agreement is no longer pertinent since this “public statement” was issued on 5 June.

The Control Council should determine the time when the military missions may arrive at the seat of the Control Council, should make arrangements for their appropriate reception, and should determine their mode of access to the Control Council as well as all other procedural arrangements connected with the work of the military missions. The military missions should be accorded the privileges and immunities usually enjoyed by diplomatic missions and their personnel.

b. With regard to representation of other United Nations:

Insofar as representation of other United Nations may be desired by these countries or may serve to facilitate the work of the Control Council, the Control Council should be authorized to provide for the representation of other United Nations in Germany by means of agencies. The Control Council should determine the appropriate time for the arrival of the members of such agencies at the seat of the Control Council, the scope of the functions of such agencies, and their mode of access to the Control Council, as well as other procedural arrangements connected with their work, including the status of their members in the matter of privileges and immunities.

In cases where a country may not wish to look after its own interests, an agency of one country may be permitted to look after the interests of another country.

c. With regard to representation of neutral states:

The Control Council may permit neutral states to establish agencies to represent their interests in Germany, under whatever specification of functions or restrictions as may be deemed desirable by the Control Council.

With regard to the naming of Chile as an illustration of a neutral state (par. 4 of U.K. memorandum), it should be pointed out that Chile became a member of the United Nations on 14 February 1945.

d. With regard to Austria:

The same policy as expressed for Germany should apply to Austria in the initial stage, subject to decisions of the governing body of the Allied Administration for Austria to alter it to meet more rapidly changing needs in the different circumstances of Austria. When an Austrian government, provisional or otherwise, is recognized by the four occupying powers, the governing body of the Allied Administration for Austria should determine when diplomatic or consular representatives of other nations may be accorded to the Austrian government.

For the Informal Policy Committee on Germany:

Willard L. Thorp

Acting Chairman

17. According to document IPCOG 6/2, dated 17 July 1945, the Informal Policy Committee on Germany, by informal action on 13 July 1945, approved IPCOG 6/1 which recommended forwarding this memorandum to the Secretary of State (Mosely File).
18. State-War-Navy Coordinating Committee designation for the United Kingdom memorandum of May 2, E.A.C. (45)47.
19. For text of the declaration regarding the defeat of Germany and the assumption of supreme authority with respect to Germany by the Governments of the United States, the Soviet Union, the United Kingdom, and France, signed in Berlin on June 5, 1945, see TIAS No. 1520, or 60 Stat, pt. 2, 1649.