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

740.00119 EAC/8–345

Draft Agreement Proposed by the United Kingdom Delegation on the European Advisory Commission ²²

P57/7/45

London , 27 July, 1945.

The Agreement on Control Machinery in Germany approved by the four Governments and the Agreement on Control Machinery, in Austria²³ recently submitted by the E.A.C. to the four Governments, provide that: “The necessary liaison with governments of other United Nations chiefly interested will be ensured by the appointment by such governments of Military Missions (which may include civilian members) to the Control Council [Allied Council] having access through the appropriate channels to the organs of control”.

The Commission now recommends:—

1. that invitations to appoint such Military Missions in Germany and Austria should be sent jointly by the Governments of the U.K., U.S.A. and U.S.S.R. and the Provisional Government of the French Republic to the following Allied Governments:—

• Australia
• Belgium
• Brazil
• Canada
• China
• Czechoslovakia
• Denmark
• Greece
• India
• Luxembourg
• The Netherlands
• New Zealand
• Norway
• Poland
• South Africa
• Yugoslavia

2. that each Allied Government to whom an invitation is issued should be free to decide the composition of its own mission, subject to the right of the Control Council to impose a limit on the total size of the mission;

3. that such mission should enjoy freedom of movement within the Greater Berlin area and, by agreement with the Commander-in-Chief concerned, within each zone;

4. that such missions should have the right to communicate with their governments by bag and cypher;

5. that the Control Council should determine the degree of diplomatic privilege and immunity to be enjoyed by such missions;

6. that the Control Council should be invited to make the necessary arrangements for the early arrival in Berlin of such missions;

7. that United Nations Governments other than those specified in (1) above should be permitted on request to nominate civil agencies to represent them in Germany and Austria, such agencies to have lesser status than the Military Missions;

8. that neutral governments should be permitted on request to maintain civil agencies in Germany and Austria;

9. that these civil agencies would not be entitled to deal with any German or Austrian authorities except through or with the permission of the Allied Control Machinery;

10. that the Control Council should determine the degree of diplomatic privilege and immunity to be enjoyed by civil agencies which should not in any case be greater than that enjoyed by the Military Missions.

22. Transmitted in despatch 24640, August 3, 1945, from London; received August 8. The European Advisory Commission dissolved without giving consideration to the question of foreign representation in Germany.
23. Agreement between the Governments of the United States, the Soviet Union, the United Kingdom, and France on Control Machinery in Austria, signed at London, July 4, 1945, Foreign Relations, The Conference of Berlin (The Potsdam Conference), 1945, vol. i, p. 351.