Department of State News Release.
Declaration
Regarding the defeat of Germany and the assumption
of supreme authority with respect to Germany by the Governments of the
United States of America, the Union of Soviet Socialist Republics, the
United Kingdom and the Provisional Government of the French Republic.
The German armed forces on land, at sea and in the
air have been completely defeated and have surrendered unconditionally
and Germany, which bears responsibility for the war, is no longer capable
of resisting the will of the victorious Powers. The unconditional surrender
of Germany has thereby been effected, and Germany has become subject
to such requirements as may now or hereafter be imposed upon her.
There is no central Government or authority in Germany
capable of accepting responsibility for the maintenance of order, the
administration of the country and compliance with the requirements of
the victorious Powers.
It is in these circumstances necessary, without prejudice
to any subsequent decisions that may be taken respecting Germany, to
make provision for the cessation of any further hostilities on the part
of the German armed forces, for the maintenance of order in Germany
and for the administration of the country, and to announce the immediate
requirements with which Germany must comply.
The Representatives of the Supreme Commands of the
United States of America, the Union of Soviet Socialist Republics, the
United Kingdom and the French Republic, hereinafter called the "Allied
Representatives," acting by authority of their respective Governments
and in the interests of the United Nations, accordingly make the following
Declaration:
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 affect 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.
In virtue of the supreme authority and powers thus
assumed by the four Governments, the Allied Representatives announce
the following requirements arising from the complete defeat and unconditional
surrender of Germany with which Germany must comply:
ARTICLE 1
Germany, and all German military, naval and air authorities
and all forces under German control shall immediately cease hostilities
in all theatres of war against the forces of the United Nations on land,
at sea and in the air.
ARTICLE 2
(a) All armed forces of Germany or under German control, wherever
they may be situated, including land, air, anti-aircraft and naval forces,
the S.S., S.A. and Gestapo, and ail other forces of auxiliary organisations
equipped with weapons, shall be completely disarmed, handing over their
weapons and equipment to local Allied Commanders or to officers designated
by the Allied Representatives
(b) The personnel of the formations and units of all the forces referred
to in paragraph (a) above shall, at the discretion of the Commander-in-Chief
of the Armed Forces of the Allied State concerned, be declared to be
prisoners of war, pending further decisions, and shall be subject to
such conditions and directions as may be prescribed by the respective
Allied Representatives.
(c) All forces referred to in paragraph (a) above, wherever they may
be, will remain in their present positions pending instructions from
the Allied Representatives.
(d) Evacuation by the said forces of all territories outside the frontiers
of Germany as they existed on the 31st December, 1937, will proceed
according to instructions to be given by the Allied Representatives.
(e) Detachments of civil police to be armed with small arms only,
for the maintenance of order and for guard duties, will be designated
by the Allied Representatives.
ARTICLE 3
(a) All aircraft of any kind or nationality in Germany or German-occupied
or controlled territories or waters, military, naval or civil, other
than aircraft in the service of the Allies, will remain on the ground,
on the water or aboard ships pending further instructions.
(b) All German or German-controlled aircraft in or over territories
or waters not occupied or controlled by Germany will proceed to Germany
or to such other place or places as may be specified by the Allied Representatives.
ARTICLE 4
(a) All German or German-controlled naval vessels, surface and submarine,
auxiliary naval craft, and merchant and other shipping, wherever such
vessels may be at the time of this Declaration, and all other merchant
ships of whatever nationality in German ports, will remain in or proceed
immediately to ports and bases as specified by the Allied Representatives.
The crews of such vessels will remain on board pending further instructions.
(b) All ships and vessels of the United Nations, whether or not title
has been transferred as the result of prize court or other proceedings,
which are at the disposal of Germany or under German control at the
time of this Declaration, will proceed at the dates and to the ports
or bases specified by the Allied Representatives.
ARTICLE 5
(a) All or any of the following articles in the possession of the
German armed forces or under German control or at German disposal will
be held intact and in good condition at the disposal of the Allied Representatives,
for such purposes and at such times and places as they may prescribe:
(i) all arms, ammunition, explosives, military equipment, stores and
supplies and other implements of war of all kinds and all other war
materials;
(ii) all naval vessels of all classes, both surface and submarine,
auxiliary naval craft and all merchant shipping, whether afloat, under
repair or construction, built or building;
(iii) all aircraft of all kinds, aviation and anti-aircraft equipment
and devices;
(iv) all transportation and communications facilities and equipment,
by land, water or air;
(v) all military installations and establishments, including airfields,
seaplane bases, ports and naval bases, storage depots, permanent and
temporary land and coast fortifications, fortresses and other fortified
areas, together with plans and drawings of all such fortifications,
installations and establishments;
(vi) all factories, plants, shops, research institutions, laboratories,
testing stations, technical data, patents, plans, drawings and inventions,
designed or intended to produce or to facilitate the production or use
of the articles, materials, and facilities referred to in sub-paragraphs
(i), (ii), (iii), (iv) and (v) above or otherwise to further the conduct
of war.
(b) At the demand of the Allied Representatives the following will
be furnished:
(i) the labour, services and plant required for the maintenance or
operation of any of the six categories mentioned in paragraph (a) above;
and
(ii) any information or records that may be required by the Allied
Representatives in connection with the same.
(c) At the demand of the Allied Representatives all facilities will
be provided for the movement of Allied troops and agencies, their equipment
and supplies, on the railways, roads and other land communications or
by sea, river or air. All means of transportation will be maintained
in good order and repair, and the labour, services and plant necessary
therefor will be furnished.
ARTICLE 6
(a) The German authorities will release to the Allied Representatives,
in accordance with the procedure to be laid down by them, all prisoners
of war at present in their power, belonging to the forces of the United
Nations, and will furnish full lists of these persons, indicating the
places of their detention in Germany or territory occupied by Germany.
Pending the release of such prisoners of war, the German authorities
and people will protect them in their persons and property and provide
them with adequate food, clothing, shelter, medical attention and money
in accordance with their rank or official position.
(b) The German authorities and people will in like manner provide
for and release all other nationals of the United Nations who are confined,
interned or otherwise under restraint, and all other persons who may
be confined, interned or otherwise under restraint for political reasons
or as a result of any Nazi action, law or regulation which discriminates
on the ground of race, colour, creed or political belief.
(c) The German authorities will, at the demand of the Allied Representatives,
hand over control of places of detention to such officers as may be
designated for the purpose by the Allied Representatives.
ARTICLE 7
The German authorities concerned will furnish to the Allied Representatives:
(a) full information regarding the forces referred to in Article 2
(a), and, in particular, will furnish forthwith all information which
the Allied Representatives may require concerning the numbers, locations
and dispositions of such forces, whether located inside or outside Germany;
(b) complete and detailed information concerning mines, minefields
and other obstacles to movement by land, sea or air, and the safety
lanes in connection therewith. All such safety lanes will be kept open
and clearly marked; all mines, minefields and other dangerous obstacles
will as far as possible be rendered safe, and all aids to navigation
will be reinstated. Unarmed German military and civilian personnel with
the necessary equipment will be made available and utilized for the
above purposes and for the removal of mines, minefields and other obstacles
as directed by the Allied Representatives.
ARTICLE 8
There shall be no destruction, removal, concealment, transfer or scuttling
of, or damage to, any military, naval, air, shipping, port, industrial
and other like property and facilities and all records and archives,
wherever they may be situated, except as may be directed by the Allied
Representatives.
ARTICLE 9
Pending the institution of control by the Allied Representatives over
all means of communication, all radio and telecommunication installations
and other forms of wire or wireless communications, whether ashore or
afloat, under German control, will cease transmission except as directed
by the Allied Representatives.
ARTICLE 10
The forces, ships, aircraft, military equipment, and other property
in Germany or in German control or service or at German disposal, of
any other country at war with any of the Allies, will be subject to
the provisions of this Declaration and of any proclamations, orders,
ordinances or instructions issued thereunder.
ARTICLE 11
(a) The principal Nazi leaders as specified by the Allied Representatives,
and all persons from time to time named or designated by rank, office
or employment by the Allied Representatives as being suspected of having
committed, ordered or abetted war crimes or analogous offences, will
be apprehended and surrendered to the Allied Representatives.
(b) The same will apply in the case of any national of any of the
United Nations who is alleged to have committed an offence against his
national law, and who may at any time be named or designated by rank,
office or employment by the Allied Representatives.
(c) The German authorities and people will comply with any instructions
given by the Allied Representatives for the apprehension and surrender
of such persons.
ARTICLE 12
The Allied Representatives will station forces and civil agencies
in any or all parts of Germany as they may determine.
ARTICLE 13
(a) In the exercise of the supreme authority with respect to Germany
assumed by 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, the four Allied Governments will
take such steps, including the complete disarmament and demilitarization
of Germany, as they deem requisite for future peace and security.
(b) The Allied Representatives will impose on Germany additional political,
administrative, economic, financial, military and other requirements
arising from the complete defeat of Germany. The Allied Representatives,
or persons or agencies duly designated to act on their authority, will
issue proclamations, orders, ordinances and instructions for the purpose
of laying down such additional requirements, and of giving effect to
the other provisions of this Declaration. All German authorities and
the German people shall carry out unconditionally the requirements of
the Allied Representatives, and shall fully comply with all such proclamations,
orders, ordinances and instructions.
ARTICLE 14
This Declaration enters into force and effect at the date and hour
set forth below. In the event of failure on the part of the German authorities
or people promptly and completely to fulfill their obligations hereby
or hereafter imposed, the Allied Representatives will take whatever
action may be deemed by them to be appropriate under the circumstances.
ARTICLE 15
This Declaration is drawn up in the English, Russian, French and German
languages. The English, Russian and French are the only authentic texts.
BERLIN, GERMANY,
June 5, 1945.
Signed at 1800 hours, Berlin time, by Dwight D. Eisenhower, General
of the Army USA; Zhukov, Marshal of the Soviet Union; B. L. Montgomery,
Field Marshal, Great Britain; De Lattre de Tassisny, Général d'Armée,
French Provisional Government.