271 Commonwealth Government to Cranborne

Cablegram 225 CANBERRA, 5 September 1944

TOP SECRET MOST IMMEDIATE

Your telegrams D.1247 [1] and 1248. [2] Surrender terms for Germany.

We appreciate your account of the present position in this matter and note the possibility that there may still be an occasion for reconsideration by the European Advisory Commission of the text of the preamble and of Article 12A. The request of the French Committee of National Liberation might raise such an occasion. We suggest that you instruct your representative [3] on the E.A.C. to make every effort to secure satisfactory amendment of the two passages.

2. Failing this we would, as regards the preamble, desire to follow through our suggestion referred to in paragraph 8 of your 1247. While we do not think it essential that the declaration should be made jointly by all the Governments most directly concerned in the war against Germany, we regard a joint declaration by the Dominion Governments as essential.

3. As regards Article 12A, we note that provision for the association of other Governments with the exercise of authority over Germany is left merely to an understanding between yourselves, the United States and the U.S.S.R. (See paragraph 10 of D.1247 and (iii) of D.1248. [4]) We think there should be an explicit assurance. In addition to any arrangements which might be found feasible, e.g., participation in the work of an Advisory Council, we regard it as of the first importance for the reasons given in paragraph 3 of my telegram 197 [5] of 19th August, that there should be also a definite public statement of intention on the part of yourselves, the United States and the U.S.S.R. that other Allied Governments will be consulted in the exercise of the powers under Article 12 and will be associated directly with the agencies charged with the execution of the terms of Article 12. We hope that you will press this point with the other two Governments with all the necessary emphasis.

1 Document 267.

2 Dispatched 1 September. On file AA:A989, 44/735/1013/2/2.

3 Sir William Strang.

4 Paragraph (iii) read: 'That in connection with the exercise of powers...the three Governments will make suitable provision for consulting, as occasion requires, with other members of the United Nations'.

5 Document 250.

[AA:A3196, 1944, FOLDER, MASTER SHEETS MOST SECRET OUT, O.24286]