Foreign Relations of the United States: Diplomatic Papers, The Conference of Berlin (The Potsdam Conference), 1945, Volume II

740.00119 Control (Germany)/7–2045: Telegram

No. 1036
The Political Adviser to the Representative on the European Advisory Commission (Mosely) to the Ambassador in the United Kingdom (Winant)¹

secret

Babelsberg, July 20, 1945.

Victory 115. From Mosely at Babelsberg to London for Winant and State Department at Washington for Grew.

Vyshinsky informed Mosely today² Soviet Government has approved agreement on additional requirements except new title and new first paragraph; he expects latter will be cleared shortly.

Ambassador Murphy and Mosely have discussed with McCloy and Colonel Cutter contents of Department’s 5766, July 14, to London (repeated 112 to Murphy)³ and furnished following explanations:

(1) Term “Allied representatives” means four commanders both as member Control Council and commanders of zones. Neither June 5 declaration⁴ nor agreement additional requirements defines separate spheres for activity of Control Council and of zonal commanders. Both documents contain Allied agreements to impose requirements on Germans and to that extent contain agreed policy. Draft agreement in no way affects control machinery agreement⁵ or jurisdiction of zone commander under it.

(2) Certain sections of agreement notably naval clauses have been largely executed already. Most sections have a continuing value. Even those sections already executed have some value as they contain first Four-Power agreement for lines of action we have already followed without such agreement.

(3) Agreement does not assume existence of central German Government. It uses term “German authorities” in same sense as June 5 declaration. There are no German “authorities” at any level except as recognized by military commanders.

(4) Colonel Cutter raised question whether Article 14 (a) of agreement conflicts with authority of U. S. Alien Property Custodian over German property in U. S. When this question arose during negotiation, it was clearly understood that Control Council would be unable act re German property located in country of any controlling power against opposition of that power because decisions of Control Council must be unanimous. Mr. McCloy expressed satisfaction these explanations and foresaw no obstacle to early clearance agreement on part War Department. Ambassador Murphy receiving this message.

1. Printed from the text received in the Department of State.
2. i. e., July 19.
3. Document No. 416, printed in vol. i.
4. Treaties and Other International Acts Series No. 1520; 60 Stat. (2) 1649.
5. Signed at London, November 14, 1944, as amended by a further agreement signed at London, May 1, 1945. For texts, see Treaties and Other International Acts Series No. 3070; United States Treaties and Other International Agreements, vol. 5, pt. 2, p. 2062. Text of the agreement of November 14, 1944, also in Foreign Relations, The Conferences at Malta and Yalta, 1945, p. 124.