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

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On June 5, 1945, the Allied Representatives in Germany issued a Declaration Regarding the Defeat of Germany and the Assumption of Supreme Authority with Respect to Germany.

The declaration provided:
The Governments of the United States of America, the Union of Soviet Socialist Republics and the United Kingdom, and the Provisional Government of the French Republic, hereby assume supreme authority with respect to Germany, including all the powers possessed by the German Government, the High Command and any state, municipal, or local government or authority. The assumption, for the purposes stated above, of the said authority and powers does not effect the annexation of Germany.

The Governments of the United States of America, the Union of Soviet Socialist Republics and the United Kingdom, and the Provisional Government of the French Republic, will hereafter determine the boundaries of Germany or any part thereof and the status of Germany or of any area at present being part of German territory.

On June 5, 1945, the four Allied Governments also issued a statement on control machinery in Germany. This statement is substantially identical with the Agreement on Control Machinery in Germany.

Likewise, on June 5, 1945, the four Allied Governments issued a statement on the zones of occupation in Germany. The statement announced the areas agreed previously in the European Advisory Commission in 1944. Article 2 of the statement provides that:

The area of “Greater Berlin” will be occupied by forces of each of the four Powers. An Inter-Allied Governing Authority (in Russian, Komendatura) consisting of four Commandants, appointed by their respective Commanders-in-Chief, will be established to direct jointly its administration.

On June 14, 1945, the President of the United States wrote a letter to Marshal Stalin concerning the withdrawal of American troops from the Soviet Zone into the United States Zone of Occupation, to be carried out [“]in accordance with arrangements between the respective commanders,[”] including in these arrangements simultaneous movement of the national garrisons into Greater Berlin and provision of free access by air, road, and rail from Frankfurt and Bremen to Berlin for United States forces.

Stalin replied by letter dated June 18, 1945, stating:
On our part all necessary measures will be taken in Germany and Austria in accordance with the above-stated plan.

On July 1, 1945, United States forces entered Berlin and withdrew from their advanced position in Eastern Germany.

In accordance with the proposal concerning the withdrawal of United States forces from Thuringia and Saxony and entry into Berlin, a conference was held on June 29, 1945, between Marshal Zhukov, General Clay, and General Weeks. General arrangements were made for use by the Western powers of specific roads, rail lines, and air lines for the purpose of exercising their rights of access to Berlin.

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