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U.S. State Department Memorandum (December 20, 1958)

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In discussing the Soviet proposal, the British representative at a meeting on February 18, 1944, doubted the desirability of including in the terms of surrender a provision giving boundaries to such zones, since this appeared to him to be a domestic matter for the Three Powers themselves.

On March 17, 1944, at the Fifth Meeting of the European Advisory Commission, the Soviet representative, Mr. Gusev, stated that he would not insist upon the inclusion of article 15 in the Instrument of Surrender, which could thereby be made shorter. The delimitation could then be set forth in a separate document to be agreed on by the Allies. This separate document was worked out in a series of subsequent discussions, and, on September 12, 1944, the representatives of the three Governments signed a Protocol on the Zones of Occupation in Germany and the Administration of “Greater Berlin.” On November 14, 1944, agreement was reached regarding certain amendments to the Protocol of September 12. The Soviet representative on the European Advisory Commission gave notification that the Soviet Government approved the agreement regarding amendments on February 6, 1945. The United Kingdom had previously approved on December 5, 1944, the Protocol and amendments, and the United States on February 2, 1945.

The Crimean Conference was held February 4-11, 1945, and in consequence thereof the following significant statement was made by the Prime Minister of Great Britain, the President of the United States of America, and the Chairman of the Council of People's Commissars of the Union of Soviet Socialist Republics on the results of the Crimean Conference:

The Occupation and Control of Germany:

We have agreed on common policies and plans for enforcing the unconditional surrender terms which we shall impose together on Nazi Germany after German armed resistance has been finally crushed. These terms will not be made known until the final defeat of Germany has been accomplished. Under the agreed plan, the forces of the three powers will each occupy a separate zone of Germany. Coordinated administration and control has been provided for under the plan through a central control commission consisting of the Supreme Commanders of the three powers with headquarters in Berlin. It has been agreed that France should be invited by the three powers, if she should so desire, to take over a zone of occupation, and to participate as a fourth member of the control commission. The limits of the French zone will be agreed by the four governments concerned through their representatives on the European Advisory Commission.

On July 26, 1945, the United Kingdom, the United States, and the U.S.S.R. entered into an agreement with the Provisional Government of the French Republic regarding amendments to the Protocol of September 12, 1944, which served to include France in the occupation of Germany and the administration of “Greater Berlin.” The Soviet representative on the European Advisory Commission gave notice that his Government approved this agreement on August 13, 1945. The United States approved on July 29, 1945, the United Kingdom approved on August 2, 1945, and the French Government approved on August 7, 1945.

The Protocol, in its final form, provides:

1. Germany, within her frontiers as they were on the 31st December, 1937, will, for the purposes of occupation, be divided into four zones, one of which will be allotted to each of the four Powers, and a special Berlin area, which will be under joint occupation by the four Powers.

The Protocol then specifies the geographical boundaries of each zone and provides for the division of the territory of Greater Berlin, which “will be jointly occupied by the armed forces” of the Four Powers, into four parts.

Paragraph 5 of the Protocol provides:

5. An Inter-Allied Governing Authority (Komendatura) consisting of four Commandants, appointed by their respective Commanders-in-Chief, will be established to direct jointly the administration of the “Greater Berlin” Area.

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