Allied Council unanimously disapproves the action within a period of 31 days. Constitutional laws require the Council's affirmative approval; agreements with one of the occupying powers are not subject to the Council's approval or disapproval. STRUCTURE The Commission is composed of the Allied Council, the Executive Committee, and staff divisions. The Council, which is the supreme body, is made up of four commissioners representing the four participating powers. The Executive Committee is similarly constituted, and the staff divisions are likewise headed by four officials each. The official languages of the Allied Control Commission are English, French, and Russian. Meetings are conducted and documents are printed in these three languages. FINANCES The expenses of the British, French, and Soviet elements in the Allied Commission are borne by the Austrian Government. The United States bears the expenses of its own element. UNITED STATES RELATIONS The United States is represented on the Allied Commission by Lt. Gen. Geoffrey Keyes who functions under the supervision of the Department of the Army. The United States Minister to Austria assists General Keyes in the capacity of Political Adviser. By an agreement of June 21, 1947, the United States adopted a "pay as you go" policy and undertook to pay in dollars for the goods and services furnished the American element by the Austrian Government. BASIC TEXTS AND PUBLICATIONS Agreement of July 4, 1945, not printed. For that of July 9, 1945, see Treaties The Allied Commission has issued at intervals an official Gazette. Beginning in November 1945 the United States Commissioner has published monthly reports entitled The Military Government of Austria. The United States Forces in Austria published annual surveys in 1947 and 1948 entitled A Review of Civil Affairs. Allied Control Council for Germany ORIGIN AND DEVELOPMENT Berlin, Germany On November 14, 1944, the American, British, and French representatives on the European Advisory Commission signed the agreement which provided for the establishment of the Allied Control Council for Germany. The European Advisory Commission had been created pursuant to a decision of the Foreign Ministers of the Three Powers, meeting at Moscow in October 1943. Its purpose was to make recommendations, as the war developed, on European questions, one of the most important of which was the setting up of control machinery for Germany. On the basis of a decision by the heads of Governments of the United States, the United Kingdom, and the Soviet Union at the Yalta Conference, February 1945, the French Provisional Government was invited to share in the occupation of Germany and accordingly an amendment to the above-mentioned agreement of November 14, 1944, was signed by the Four Powers on May 1, 1945. The agreement for the control machinery for Germany was confirmed in a statement regarding the defeat of Germany and the assumption of supreme authority by the Allied Powers, issued by the Governments of the United States, the United Kingdom, the Soviet Union, and the Provisional Government of France on June 5, 1945.2 The Council held its first meeting on July 30, 1945. During the first year of its existence it operated with a certain amount of success, particularly in the fields of disarmament and demilitarization. Basic differences as to economic and political policy with respect to Germany, however, eventually paralyzed the Council's work, since it proved impossible to obtain unanimous agreement on such problems. On March 20, 1948, the Soviet representative walked out of the Allied Council meeting and on June 16, 1948, the Soviet representative walked out of the Kommandatura, the body charged with the administration of Greater Berlin. While there have been no subsequent meetings of either body, on June 28, 1949, the Occupation authorities of the Four Powers resumed discussion, on a quadripartite basis, of matters of common interest. MEMBERSHIP The United States, the United Kingdom, the Union of Soviet Socialist Republics and France. 2 See Basic Texts and Publications, p. 151. PURPOSES, POWERS, AND FUNCTIONS As originally constituted, the basic purpose of the Council was to coordinate policy in the four zones of occupation and to determine policy on matters affecting Germany as a whole. The Council was empowered to be the repository of supreme authority in Germany and to act in lieu of a central German Government. The function of the Council was to issue laws, orders, and directives necessary in carrying out these purposes. STRUCTURE Under the Council, composed of the four Allied commanders-inchief, there were originally set up a Coordinating Committee, composed of the 4 deputy commanders, and a Control Staff, consisting of 12 directorates: military, naval, air, transport, political, economic, finance, reparation and restitution, legal, prisoners-of-war and displaced persons, manpower, internal affairs, and communications. The administration of Greater Berlin was put under the control of an Inter-Allied Governing Authority (Kommandatura), composed of the 4 commandants of the sectors of Berlin. The Kommandatura operated under the guidance of the Control Council. Originally, the Council met three times a month to consider questions submitted by the Coordinating Committee or the staff. It is required that decisions of the Council be reached by unanimous vote and that the chairmanship be rotated among the members. The official languages are English, French, and Russian. FINANCES Each occupying power has always paid the full cost of its own participation in the Council, including the cost of secretariat facilities. UNITED STATES RELATIONS The United States representative on the Control Council prior to its last session on March 20, 1948, was Gen. Lucius D. Clay who, until his resignation on May 15, 1949, was the United States Military Governor for Germany and Commander-in-Chief of the United States Zone. If the Control Council holds any future meetings, the United States representative will be John J. McCloy, who was designated United States High Commissioner for Germany on June 6, 1949. BASIC TEXTS AND PUBLICATIONS U.S. Department of State. Declaration Regarding Germany by the United States of America and the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics, and the Provisional Government of the French Republic, Signed at Berlin June 5, 1945. Treaties and Other International Acts Series 1520. Pub. 2684. Washington, Government Printing Office, 1946. 25 pp. (60 Stat. 1649) The Axis in Defeat: A Collection of Documents on American Policy Toward Germany and Japan. Pub. 2423. Washington, Government Printing Office, 1945. 118 pp. Protocol of the Proceedings of the Crimea Conference. Press release 238 (March 24, 1947). 16 pp. Allied Control Council for Germany. Official Gazette of the Control Council for Germany. Berlin. Published irregularly since 1945. Office of Military Government for Germany (U.S.) Monthly Report of the Military Governor. Berlin. 1945-. Allied Council for Japan Tokyo, Japan ORIGIN AND DEVELOPMENT 3 The Foreign Ministers of the United States, the United Kingdom, and the Soviet Union agreed at Moscow, on December 27, 1945, to the establishment of an Allied Council for Japan. The terms of reference provided that the seat of the Council was to be in Tokyo, Japan, and that the Council was to meet at least once every two weeks. The first meeting was held on April 5, 1946. Up to July 1, 1949, there have been approximately 90 meetings, some of which have been open to the public. MEMBERSHIP The Council consists of three members representing, respectively, the United States, the Soviet Union, and China and one member representing jointly the United Kingdom, Australia, New Zealand, and India. PURPOSES, POWERS, AND FUNCTIONS According to the terms of reference, the Council is established "for the purpose of consulting with and advising the Supreme Commander in regard to the implementation of the Terms of Surrender, the occupation and control of Japan, and of directives supplementary thereto." The terms of reference recognize that the Supreme Commander is the "sole executive authority for the Allied Powers in 8 See Origin and Development, Far Eastern Commission, p. 158. 4 See Basic Texts and Publications, p. 154. Japan" and include the following stipulation: "If, regarding the implementation of policy decisions of the Far Eastern Commission on questions concerning a change in the regime of control, fundamental changes in the Japanese constitutional structure, and a change in the Japanese Government as a whole, a member of the Council disagrees with the Supreme Commander (or his Deputy), the Supreme Commander will withhold the issuance of orders on these questions pending agreement thereon in the Far Eastern Commission." STRUCTURE The terms of reference provide that the Supreme Commander for the Allied Powers or his deputy be the chairman and the United States member of the Council. The Soviet Union and China each have one member on the Council and one member represents jointly the United Kingdom, Australia, New Zealand, and India. The secretariat is provided by SCAP headquarters. The Council conducts its meetings, which are held at least every 2 weeks, in English and the minutes are written in that language. Minutes of the meetings are made public. Gen. Douglas MacArthur is the Supreme Commander for the Allied Powers in Japan. William J. Sebald is his deputy and chairman of the Council. FINANCES Members of the Council and their staffs are in Japan in other official capacities on behalf of their Governments and are paid by their respective governments. Other expenses of the Council, including those of the secretariat, are a charge upon the Japanese Government as part of the costs of occupation. UNITED STATES RELATIONS Authorization. The United States is a member of the Council as a result of the Executive decision taken at the Moscow Conference of the Foreign Ministers of the United States, the United Kingdom, and the Soviet Union in December 1945. Agencies Chiefly Concerned. United States Agencies primarily concerned with the work of the Council are the Department of State and the Department of the Army, the latter in connection with its responsibilities in the occupation of Japan. RELATIONS WITH OTHER INTERNATIONAL ORGANIZATIONS See the summary on the Far Eastern Commission, p. 162 ff. for the relationship between that organization and the Allied Council for Japan. 842727-50- -11 |