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

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.

[Attachment]¹

secret

[Undated.]

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 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.”

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 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.

1. Although this report is attached to a certified copy of the above memorandum in the SWNCC Files, there is no indication that it accompanied the original of the memorandum as delivered to SWNCC.
2. Not printed as such. Concerning Key’s recommendations contained in the documents cited, see vol. i, document No. 289, enclosure 1.
3. Not printed.
3. Not printed.
4. Executive Agreement Series No. 456; 59 Stat. (2) 1321.
5. See the subattachment, infra.
6. “The Mission has cared for and repatriated a great many U. S. airmen and numerous escaped U. S. prisoners of war, has obtained information concerning the military, economic and political situation in Hungary, et cet.”
7. See the attachment to document No, 809.