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

J. C. S. Files

No. 529
Report by the Combined Civil Affairs Committee of the Combined Chiefs of Staff

secret
C. C. S. 861/1

[Washington,] 8 July 1945.

Russian Observations Regarding Instrument of Local Surrender in Italy

References:	a. C. C. S. 8611
	b. C. C. S. 200/4/D1
	c. C. C. S. 706/2 & 706/72

the problem

1. To consider the enclosure to C. C. S. 861 and make recommendations to the Combined Chiefs of Staff.

facts bearing on the problem

2. In the enclosure to C. C. S. 861 the Supreme Allied Commander, Mediterranean (SACMed),³ transmitted to the Combined Chiefs of Staff a copy of a letter from the Soviet representative, Allied Commission, referring to the surrender orders given to the German Commander in Chief Southwest and a copy of a partial reply thereto by the Supreme Allied Commander. The Soviet representative requested the return of all Soviet citizens who had fallen into German hands and of all war material of Soviet origin which had been captured by the Germans. The Supreme Allied Commander’s interim reply to these requests was that they were under further examination, and that in the meantime the disposal of Soviet citizens will continue to be regulated in accordance with the present agreement between the U. S., British and Soviet Governments. Direction of the Combined Chiefs of Staff was requested as to the answer to be made to the Soviet representative in regard to the disposal of Soviet citizens and of captured war material of Soviet origin.

3. The Instrument of Local Surrender in Italy covered German troops in Italy and part of Austria.

discussion

4. The disposal of Soviet citizens is covered by U. S.–U. S. S. R. and British–U. S. S. R. Agreements executed at Yalta on 11 February 1945. These agreements do not define the term “Soviet citizens,” nor does the note of the Soviet representative indicate clearly whether the term is intended to include Latvians, Estonians, and Lithuanians and Poles whose homes are east of the 1939 line of demarcation or of the Curzon line. On 24 March 1945 the Secretary of State informed the British Embassy⁴ that the U. S. Government construes the Yalta Agreement as requiring the following action by the United States: “d. Since up to the present the U. S. Government has not formally recognized any territorial changes brought about by the present war in Europe, Latvians, Estonians, Lithuanians and Poles whose homes are east of the 1939 line of demarcation or of the Curzon line could not be repatriated to the Soviet Union unless they affirmatively claim Soviet citizenship.” It is understood that the British Embassy has informally concurred in this view. This is also present Supreme Headquarters, Allied Expeditionary Force (SHAEF) policy, as indicated by CM–in–2397 of 3 June 1945 (Appendix “B”). It is considered, therefore, that persons from the foregoing areas should not be repatriated to the Soviet Union unless they affirmatively claim Soviet citizenship.

. . . . . . .

conclusions

10. Soviet citizens should be disposed of in accordance with the Yalta agreements. However, Latvians, Estonians and Lithuanians and Poles whose homes are east of the 1939 line of demarcation or the Curzon line should not be repatriated to the Soviet Union unless they affirmatively claim Soviet citizenship.

. . . . . . .

recommendation

12. That the draft cable in Appendix “A” be dispatched to the Supreme Allied Commander, Mediterranean.

[Appendix A—Paraphrase]

Draft

secret

Cable to the Supreme Allied Commander, Mediterranean⁵

You should inform the Soviet representative as follows: Disposal of Soviet citizens will continue to be handled in conformity with the agreement reached at Yalta between the Soviet Union and the United Kingdom and the agreement at Yalta between the Soviet Union and the United States. The foregoing is the direction which you requested in your letter of May 16, 1945 (paragraph 2).

The following is for your own guidance and information, but is not to be communicated to the Soviet authorities: Poles, Estonians, Lithuanians, and Latvians whose homes are east of the Curzon Line or east of the line of demarcation as of 1939, unless they affirmatively claim to be citizens of the Soviet Union, will not be repatriated to the U. S. S. R.

. . . . . . .

[Appendix B—Paraphrase]

The Supreme Commander, Allied Expeditionary Force (Eisenhower) to the War Department

secret

[ SHAEF,] 2 June 1945.

Fwd 23168. Action addressee is AGWar, for delivery to McClure. Repeated for information to SHAEF Main for G–5.

The present policy of this headquarters is that displaced persons will be returned to the Soviet Union if they claim to be citizens of the Soviet Union and if, further, that claim is accepted by the repatriation representatives of the U. S. S. R.

We have instructed Army groups to evacuate displaced persons of United Nations nationality other than citizens of the Soviet Union from that part of the zone of occupation assigned to the U. S. S. R. which is now occupied by forces of the Allied Expeditionary Force, in so far as this is possible. We have also informed Army groups that we will not return to districts of origin eastern Europeans (other than citizens of the Soviet Union) whose districts of origin may become a part of the Soviet Union as the result of territorial changes, unless they desire to be returned.

This message refers to your cable No. W–87519 of May 26, 1945,⁶ cite Shoe (SHAEF, G–5).

. . . . . . .

Eisenhower

1. Not printed.
1. Not printed.
2. Neither printed.
3. Field Marshal Sir Harold Alexander.
4. Note not printed.
5. The Secretaries of the Combined Chiefs of Staff circulated a note (C. C. S. 861/2) on July 15 stating that the Combined Chiefs of Staff had approved the recommendation in C. C. S. 861/1 and that the message in appendix A thereto had been dispatched to Alexander.
6. Not printed.