MILITARY GOVERNMENTmoses.law.umn.edu/transitional-justice/pdfs/Military... · 2017-09-20 · MILITARY GOVERNMENT - GERMANY SUPREME COMMANDER'S AREA OF CONTROL Law No.1 ABROGATION

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MILITARY GOVERNMENTGERMANY

SUPREME COMMANDER'S AREAOF CO!frROL

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Proclamation, Laws, Ordinance.and Notices. Directives aD.dIn.tru~on. to GermanPolice

..REPRODUCED BY NINTH UNITED STATES ARMY

7 NOVllMBllR ~

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MILITARY GOVERNMENT GERMANY

SUPREME COMMANDER'S AREA OF CONTROL

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Proclamation, Laws, Ordinances and Notices. Directives. an.d Instructions to German Police

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REPRODUCED BY NINTH UNITED STATES ARMY

7 NOVEMBER 1944

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M~ITARYGOVERNMENTGERMANY

SUPREME COMMANDER'S AREAOF CONTROL

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Proclamation, Laws, Ordinancesand Notices. Directives andInstructions to German Police


7 NOVEMBER 1944

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MILITARY GOVERNMENT GERMANY


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Proclamation, Laws, Ordinances and Notices. Directives and Instructions to German Police

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7 NOVEMBER 1944

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TABLE OF CONTENTS

PallOProclamation No. 1 - Establishment of Military

Government . 5Law NO.1 - Abrogation of Nazi Laws 7Law NO.2 - German Courts . 10Law No.5 - Dissolution of Nazi Party 15Law No. 51 - Currency . 18Law No. 52 - Blocking and Control of Property 20Law No. 53 - Foreign Exchange Control 25Law No. 161 - Frontier Control . 30Ordinance No.1 - Crimes and Offenses 31Ordinance NO.2 - Military Government Courts 37Ordinance No.3 - Official Language 41Notice. Surrender of Firearms. Ammunition, Weapons,

Carrier Pigeons and Radio Sending Equipment. 42Notice. Declaration of Radio Receiving Sets, Telephone,

Telegraph and Electro-Medical Apparatus 43Notice. Curfew 44.Notdce. Movement of Persons . 45Notice. Prohibition of Access to Building 46German Police Directive . 47Instructions to German Police Agencies . 49

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TABLE OF CONTENTS

Paie Proclamation No. 1 - Establishment of Milltary

Government . 5

Law No. 1 - Abrogation of Nazi La.ws 7 Law No. 2 - German Courts . 10

Law No. 5 - Dis.solution of Nazi Party 15

Law No. 51 - Currency . 18

Law No. 52 - Blocking and Control of Property 20 Law No. 53 - Foreign Exchange Control 25 Law No. 161 - Frontier Control . 30

Ordinance No. 1 - Crimes and Offenses 31 Ordinance No. 2 - Military Government Courts 37 Ordinance No. 3 - Official Language 41 Notice. Surrender of Firearms, Ammunition, Weapons,

Carrier Pigeons a.nd Radio Sending Equipment. 42

Notice. Declaration of Radio Receiving Sets, Telephone, Telegraph and Electro-Medical Apparatus 43

Notice. Curfew ,Notice. Movement of Persons . Notice. Prohibition of Access to Building German Police Directive .

Instructions to German Police Agencies .

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MILITARY GOVERNMENT - GERlIlANYSUPREME COMMANDER'S AREA OF CONTROL

PROCLAMATION No.1TC THE PEOPLE OF GERMANY:

I, General Dwight D. Eisenhower, Supreme Commander,Allied Expeditionary Force, do hereby proclaim as follows:-

I.The Allied Forces serving under my command have now

entered Germany. We come as conquerors, but not as op-pressors. In the area. of Germany occupied by the forcesunder my command, we shall obliterate Nazi-ism and Ger-man Militarism. We shall overthrow the Nazi rule, dissolvethe Nazi Party and abolish the cruel, oppressive and dis-criminatory laws and institutions which the Party hascreated. We shall eradicate that German Militarism whichhas so often disrupted the peace of the world. Militaryand Party leaders, the Gestapo and others suspected orcrimes and atrocities will be tried and, if guilty, punishedas they deserve.

II.Supreme legislative, judicial and executive authority and

powers within the occupied territory are vested in me asSupreme Commander of the Allied Forces and as MilitaryGovernor, and the Military Government is established toexercise these powers under my direction. All persons in the.occupled territory will obey immediately and without ques-tion all the enactments and orders of the Military Govern-ment. Military Government Courts will be established forthe punishment of offenders. Resistance to the Allied Forceswill be ruthlessly stamped out. Other serious offences willbe dealt with severely.

III.All German courts and educational institutions within

the occupied territory are suspended. The Volksgerlchtshofthe Sondergerlchte. the SS Police Courts and other specialcourts are deprived of authority throughout the occupiedterritory. Re-opening of the criminal and civil courts and

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nnLITARY GOVERNMENT - GERMANY


PROCLAMATION No. 1

TO THE PEOPLE OF GERMANY:

I , General Dwight D. Eisenhower, Supreme Commander, Allied Expeditionary Force, do hereby proclaim as follows:-

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The Allied Forces serving under my command have now entered Germany. We come as conquerors, but not as oppressors. In the area of Germany occupied by the forces under my command, we shall obliterate Nazi-ism and German Militarism. We shall overthrow the Nazi rule, dissolve the Nazi Party and abolish the cruel, oppressive and discriminatory laws and institutions which the Party has created. We shall eradicate that German Militarism which has so often disrupted the peace of the world. Military and Party leaders, the Gestapo and others suspected or crimes and atrocities will be tried and, if guilty, punished as they deserve.

II.

Supreme legislative, judicial and executive authority and powers within the occupied territory are vested in me as Supreme Commander of the Allied Forces and as Military Governor, and the Military Government is established to exercise these powers under my direction. All persons ln the .occupied territory will obey immediately and without question all the enactments and orders of the Military Government. Military Government Courts will be established for the punishment of offenders. Resistance to the Allied Forces will be ruthlessly stamped out. Other serious offences will be dealt with severely.

III.

All German courts and educational institutions within the occupied territory are suspended. The Volksgerichtshof, the Sondergerichte, the SS Police Courts and other special courts are deprived of authority throughout the occupied territory. Re-opening of the criminal and civil courts and

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educational institutions will be authorized when conditionspermit.

MILITARY GOVERNMENT - GERMANYSUPREME COMMANDER'S AREA OF CONTROL

IV.All officials are charged with the duty of remaining at

their posts until further orders. and obeying and enforcingall orders or directions of. Military Government or the AlliedAuthorities addressed to the German Government or theGerman people. This applies also to officials, employees andworkers of all public undertakings and utilities and to allother persons engaged in essential work.

Law No.1ABROGATION OF r-;jAZI LAWIn order to eliminate from Gennan law and admmlstratton

within the occupied territory the policies and doctrines ofthe National SOcialist Party, and to restore to the Germanpeople the rule of justice and equality before the law. itis hereby ordered: -DWIGHT D. EISENHOWER,

General,Supreme Oommander,Allied Expeditionary Force.

ARTICLE I1. The following fundamental Nazi laws enacted since

30 January. 1933, together with all supplementary or sub-sidiary carrying out laws, decrees or regulations whatsoeverare hereby deprived of effect. within the occupied territory:-

(a) Law for Protection of National Symbols. of 19 May.1933, RGB! 1/285.

(b) Law against the creation of Political Parties of 14July, 1933, RGBl 1/479.

(c) Law for securing the unity of Party and state ofI December, 1935, RGBl 1/1016.

(d) Law concerning insidious attacks against the Stateand the Party and for the Protection of Party Uni-forms of 20 December, 1934, ROBI 1/1269.

(e) Reich Flag Law of 15 September. 1935, RGBI 1/1145.(f) Hitler youth Law of 1 December, 1936, ROBI 1/993.(g) Law for protection of German Blood. and Honor of

15 September, 1935, RGB! 1/1146.(h) Decree of the Fuehrer concerning the Legal status

of the NSDAP of 12 December, 1942, RGB! 1/733.(j) Relchsbuergergesetz of 15 September, 1935, RGBII{

1146.2. Additional Nazi laws will be deprived of effect by Mi~

litary Government for the purpose stated in the preamble.

GA/Gl IQd.

ARTICLE IIGENERAL SUSPENDING CLAUSE

3. No German law. however or Whenever enacted orenunciated, shall be applied judicially or administratively

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educational institutions will be authorized when conditions permit.

IV. All officials are charged with the duty of remaining at

their posts until further orders, and obeying and enforcing all orders or directions of Military Government or the Allied Authorities addressed to the German Government er the German people. This applies al.so to officials, employees and workers of all public undertakings and utilities and to all other persons engaged in essential work.

DWIGHT D. EISENHOWER, General, Supreme Commander, Allied Expeditionary Force.

GA/Gl Hid.

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MILITARY GOVERNMENT - GERMANY


Law No.1

ABROGATION OF NAZI LAW

In order to eliminate from German law and wdminlstration within the occupied territory the policies and doctrines of the National Socialist Party, and to restore to the German people the rule of justice and equality before the law, it is hereby ordered: -

ARTICLE I

1. The following fundamental Nazi laws enacted since 30 January, 1933, together with all supplementary or subsidiary carrying out laws, decrees or regulations whatsoever are hereby deprived of effect, within the occupied territory: -

(a) Law for Protection of National Symbols, of 19 May, 1933, RGBl I/285.

(b) Law against the creation of Political Parties of 14 July, 1933, RGBl I/479.

(c) Law for securing the unity of Party and State of 1 December, 1935, RGBl I/1016.

(d) Law concerning insidious attacks against the State and the Party and for the Protection of Party Uniforms of 20 December, 1934, RGBl I/1269.

(e) Reich Flag Law of 15 September, 1935, RGBl I/1145. (f) Hitler Youth Law of 1 December, 1936, RGBl I/993. Cg) Law for protection of German Blood and Honor of

15 September, 1935, RGBl I/1146. (h) Decree of the Fuehrer concerning the Legal Status

of the NSDAP of 12 December, 1942, RGBl I/733. (j) Reichsbuergergesetz of 15 September, 1935 RGBI I/

1146. '

2. Additional Nazi laws will be deprived of effect by Military Government for the purpose stated in the preamble.

ARTICLE II

GENERAL SUSPENDING CLAUSE

3. No German law, however or whenever enacted or enunciated, shall be applied judicially or administratively

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within the occupied territory in any instance where suchapplication would cause injustice or inequality, either (a)by favouring any person because of his connection withthe National Socialist Party, its formations or affiliated orsupervised organizations, or (b) by discriminating againstany person by reason of his race, nationality, rel1giousbeliefs or opposition to the National Socialist Party or itsdoctrines.

of this law of a character prohibited by this law and notyet canted out, shall be modified to conform to this lawor annulled.

ARTICLE IIIGENERAL INTERPRETATION CLAUSES

4. The interpretation and application of German lawin accordance with National Socialist doctrines, howeverorwhenever enunciated, are prohibited.5. Decisions of German courts and official agencies and

officials and legal writings supporting, expounding or ap-plying National Socialist objectives or doctrines shall notbe referred to or followed as authority for tne interpretationor application of German law.6. German law which became effective after 30 January,

1933, and is permitted to remain in force shall be inter-preted and applied in accordance with the plain meaningof the text and without regard to objectives or meaningsascribed in preambles or other pronouncements.

ARTICLE V

PENALTIES

11. Violation of the provisions of this law shall, -uponconviction by a Military Government Court, be punishableby any lawful punishment, including, in the case of ArticleIV, the death penalty.

ARTICLE VI

EFFECTIVE DATE

12. This Law shall become effective upon the date ofits first promulgation.

BY ORDER OF MILITARY GOVERNMENT.

ARTICLE IVLIMITATIONS ON PUNISHMENT

7. No charge shall be preferred, no sentence imposed orpunishment inflicted for an act, unless such act is expresslymade punishable by law in force at the time of its com-mission. Punishment for offences determined by analogyor in accordance with the alleged "sound instincts of thepeople" (gesunden Volksempfindens) is prohibited.

B. No cruel or excessive punishment shan be inflictedand the death penalty is abolished except for acts pu-nishable by death under law in force prior to 30th January,1933, or promulgated by or with the consent of MilitaryGovernment.9. The detention of any person not charged with a

specific offences and the punishment of any person withoutlawful trial and conviction are prohibited.10. All punishments imposed prior to the effective date

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within the occupied territory In any instance where such application would cause injustice or inequality, either (a) by favouring any person because of his connection with the National Socialist Party, its formations or affiliated or supervised organizations, or (b) by discriminating against any person by reason of his race, nationality, religious beliefs or opposition to the National Socialist Party or its doctrines.

ARTICLE Ill GENERAL INTERPRETATION CLAUSES

4. The interpretation and application of German law in accordance with National Socialist doctrines, however or whenever enunciated, are prohibited.

5. Decisions of German courts and official agencies and officials and legal writings supporting, expounding or applying National Socialist objectives or doctrines shall not be referred to or followed as authority for the interpretation or application of German law.

6. German law which became effective after 30 January, 1933, and is permitted to remain in force shall be interpreted and applied in accordance with the plain meaning of the text and without regard to objectives or meanings ascribed in preambles or other pronouncements.

ARTICLE IV

LIMITATIONS ON PUNISHMENT 7. No charge shall be preferred, no sentence imposed or

punishment inflicted for an act, unless such act is expressly made punishable by Jaw in force at the time of its commission. Punishment for offences determined by analogy or in accordance with the alleged "sound instincts of the people" (gesunden Volksempfindens) is prohibited.

8. No cruel or excessive punishment shall be inflicted and the death penalty is abolished except for acts punishable by death under law in force prior to 30th January, 1933, or promulgated by or with the consent of Military Government.

9. The detention of any person not charged with a specific offences and the punishment of any person without lawful trial and conviction are prohibited.

10. All punishments imposed prior to the effective date 8

of this law of a character prohibited by this law and not yet ca1Tied out, shall be modified to conform to this law or annulled.

ARTICLE V

PENALTIES

11. Violation of the provisions of this law shall, upon conviction by a Military Government Court, be punishable by any lawful punishment, including, in the case of Article IV, the death penalty.

ARTICLE VI

EFFECTIVE DATE

12. This Law shall become effective upon the date of its first promu~gation.


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IITILITARY GOVERNMENT - GERMANYSUPREME COMMANDER'S AREA OF CONTROL

ARTICLE I

ARTICLE mAuthority for Be-opening Ordinary Civll and CrIminal Courts

5. Each Oberlandesgericht, Landgertcht, and AmtsgerichtWithin the occupied territory shall re-open andresume its usual functions only when and to theextent specified in written directions of MilitaryGovernment.

6. Unless otherwise provided in such written directions,said courts. when re-opened, shall give priority tothe trial and disposition of the following classes ofcases in-the order named:

(a) Criminal cases initiated during the period betweenthe effective date of this law and the re-openingof the court;

(h) Criminal cases initiated before the effective dateof this law;

(e) Criminal cases initiated after the re-opening of thecourt;

(d) Contentious and non-contentious civil cases initiatedprior or subsequent to re-opening or the courtinvolving:(1) domestic relations,(2) personal status.(3) claims in tort involving life. Uberty or personal

physical injuries, but excluding defamation.(4) other claims in tort and other civil cases invol-

ving not exceeding Five Hundred Marks (RM'500).

(5) other civil cases.

Law No.2GERMAN COURTS

It 18 hereby ordered:

Temporary Suspension of Ordinary and AdminIstrative Courts

1. The following Gennan Courts and Tribunals are herebysuspended and deprived of authority in the occupiedterritory until authorized. to re-open:

(a) The Oberlandesgerichte, and all courts over whichsaid courts exercise appellate or supervisory juris-diction;

(b) All SUbordinate courts over which the Reichsver-waltungsgericht exercises appellate or supervisoryjurisdiction;

(c) All other courts not dissolved under Article II.2. The Reichsgericht and the Reichsverwaltungsgericht

have until further notice no authority over anycourt or otherwise in the occupied territory.

3. Every decision, judgment, writ, order or direction issuedby any such court or tribunal after the effectivedate of this law and during the period of suspensionshall, within the occupied territory, be null and void.

ARTICLE IV

Re-opening of Administrative and Other CourtsTemporarily Suspended

7. Each such court shall re-open and resume its usualfunctions only when and to the extent specified inwritten directions of Military Government.

ARTICLE II

Dissolutiou of SpedaI and Party Courts and Tn1>unaIs

4. The jurisdiction and authority of the following courtsand tribunals in the occupied territory are herebyabolished:

(a) 'rtie Volksgerichtshof;(b) The Sondergerichte;(c) All courts and tribunals of the NSDAP and of its

organizations, formations and connected associations.

ARTICLE V

Qualifications of Judges, Prosecutors. Notaries, and Lawyers

8. No person shall be qualified to act as judge, prosecutor,1110

l\lILITARY GOVERNMENT - GERMANY

SUPREME COl\ll\lANDER'S AREA. OF CONTROL

Law No. 2

GERMAN COURTS It is hereby ordered:

ARTICLE I

Temporary Suspension of Ordinary and Admlnlstratlve Co111'Ul

1. The following German Courts and Tribunals are hereby suspended and deprived of authority in the occupied territory until authorized to re-open:

(a) The Oberlandesgerichte, and all courts over which said courts exercise appellate or supervisory jurisdiction;

(b) All subordinate courts over which the Reichsverwaltungsgericht exercises appellate or supervisory jurisdiction;

(c) All other courts not dtssolved under Article II. 2. The Reichsgericht and the Reichsverwaltungsgericht

have until further notice no authority over any court or otherwise in the occupied territory.

3. Every decision, judgment, writ, order or direction issued by any such court or tribunal after the effective date of this law and during the period of suspension shall, within the occupied territory, be null and void.

ARTICLE II

Dissolution of Special and Party Courts and Tdbunals

4. The jurisdiction and authority of the following courts and tribunals in the occupied territory are hereby abolished:

(a) The Volksgerichtshof; (b) The Sondergerichte; (c) All courts and tribunals of the NSDAP and of Its

organizations, formations and connected associations. 10

ARTICLE ill

Authority for Re-opening Ordinary Civil and Criminal Courts

5. Each Oberlandesgericht, Landgericht, and Amtsgertcht within the occupied territory shall re-open and resume its usual functions only when and to the extent specified in written directions of Military Government.

6. Unless otherwise provided in such written directions, said courts, when re-opened, shall give priority to the trial and disposition of the following classes of cases in the order named:

(a) criminal cases initiated during the period between the effective date of this law and the re-opening o! the court;

(b) Criminal cases initiated before the effective date of this law;

(c) Criminal cases initiated after the re-opening of the court;

(d) Contentious and non-contentious civil cases initiated prior or subsequent to re-opening of the court involving: (1) domestic relations, (2) personal status, (3) claims in tort involving life, liberty or personal

physical injuries, but excluding defamation. (4) other claims in tort and other civil cases invol

ving not exceeding Five Hundred Marks (RM 500).

(5) other civil cases.

ARTICLE IV

Re-opening of Administrative and Other Courts Temporarily Suspended

7. Each such court shall re-open and resume its usual functions only when and to the extent specifled in written directions of Military Government.

ARTICLE V

Qualiftcatlons of .Judges, Prosecutors, Notaries, and Lawyers

8. No person shall be qualified to act as judge, prosecutor,

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notary, or lawyer, until he shall have taken anoath in the following form:

Oath"I swear by Almighty GOO. that I will at all times

apply and administer the law without fear or favourand with justice and equity to all persons of whatevercreed, race, colour or political opinion they may be,that I will obey the laws of Germany and all enact-ments of the Military Government in spirit as well asin letter, and w1ll constantly endeavour to establishequal justice under the law for all persons. So helpme God,"

Every person who takes the foregoing oath is nolonger bound by the obligations of any oath of officepreviously subscribed by him.

9. No person shall act as judge, prosecutor, notary, 01'lawyer without the consent of Military Government.

11. Any proceedings taken or decision rendered after thedate hereof by a German Court in any casesexcluded from its jurisdiction shall be null and void.

ARTICLE VII

ARTICLE VILimitations on JurisdictiQn

10. Except when expressly authorized by Military Govern-ment, no German Court within the occupied terri-tory shall assert or exercise jurisdiction in thefollowing classes of cases:

(a) Cases involving the Navy, Army, or Air Forces ofany of the United Nations or any persons servingwith or accompanying any thereof;

(b) Cases against any of the United Nations or anynational of the United Nations;

(c) Cases arising under any German law suspended orabrogated by Military Government;

(d) Cases Involving offences against any order of theAllied Forces, or any enactment of Military Go-vernment, or Involving the construction or validityof any such order or enactment;

(e) Any case over which jurisdiction has been assumedby a Military Government Court;

(f) Any case or class of cases transferred by MilitaryGovernment to the exclusive jurisdiction of Mili-tary Government Courts;

(g) Cases involving claims for money against the Ger-man government or any legal entity existing underpublic law.

Powers of Military Govenunent

12. The following powers of control and supervision arewithout prejudice to the subsequent exercise atany additional or other powers, vested in the Mili-tary Government:

(a) To dismiss or suspend any German judge, staats-anwalt or other court official; and to disbar frompractice any notary or lawyer;

(b) To supervise the proceedings of any court, to attendthe hearing of any case, whether in public or incamera, and to have full access to all files andrecords of the court and documents in the cases;

(c) To review administratively all decisions of Germantrial and appellate courts and to nullify, suspend,commute or otherwise modify any finding, sentenceor judgment rendered by any such court;

(d) To transfer to the jurlsdictdon of the MiUtary Go-vernment Courts any case or class of cases;

(e) To control or supervise the administration, budgetsand personnel of all German courts authorized tofunction.

13. No sentence of death shall be carried out without theconsent of Military Government.

14. No member of the Allied Forces nor any employee, ofwhatever nationality, of the Military Government,shall be required or permitted to testify in anyGerman court Without the consent of the MilitaryGovernment.

ARTICLE VIII

15. In

Limitation and Prescl'iption

any case in which delay in the assertion of anyright by suit or action in a German court has theeffect of rendering claims unenforceable or of ex-tdnguishing SUbstantive rights, the period duringwhich the bringing of such suit or action is pre-

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notary, or lawyer, until he shall have taken an oath in the following form:

Oath "I swear by Almighty God that I will at all times

apply and administer the law without fear or favour and with justice and equity t.o all persons of whatever creed, race, colour or political opinion they may be, that I will obey the laws of Germany and all enactments of the Military Government in spirit as well as in letter, and will constantly endeavour t.o establish equal justice under the law for all persons. So help me God."

Every person who takes the foregoing oath is no longer bound by the obligations of any oath of office previously subscribed by him.

9. No person shall act as judge, prosecutor, notary, or lawyer without the consent of Military Government.

ARTICLE VI

Limitations on Jurisdiction 10. Except when expressly authorized by Military Govern

ment, no German Court within the occupied territory shall assert or exercise jurisdiction in the following classes of cases:

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(a) Cases involving the Navy, Army, or Air Forces o! any of the United Nations or any persons serving with or accompanying any thereof;

(b) Cases against any of the United Nations or any national of the United Nations;

(c) Cases arising under any German Jaw suspended or abrogated by Military Government;

(d) Cases involving offences against any order of the Allied Forces, or any enactment of Military Government, or involving the construction or validity of any such order or enactment;

(e) Any case over which jurisdiction has been assumed by a Military Government Court;

(f) Any case or class of cases transferred by Military Government to the exclusive jurisdiction of Milltary Government Courts;

(g) Cases involving claims for money against the German government or any legal entity existing under public law.

11. Any proceedings taken or decision rendered after the date hereof by a German Court in any cases excluded from its jurisdiction shall be null and void.

ARTICLE VII

Powers of Military Government

12. The following powers of control and supervision are without prejudice to the subsequent exercise of any additional or other powers, vested in the Military Government:

(a) To dismiss or suspend any German judge, Staatsanwalt or other court official; and to disbar from practice any notary er lawyer;

(b) To supervise the proceedings of any court, to attend the hearing of any case, whether in public or in camera, and to have full access to all files and records of the court and documents in the cases;

(c) To review administratively all decisions of German trial and appellate courts and to nullify, suspend, commute or otherwise modify any finding, sentence or judgment rendered by any such court;

(d) To transfer to the juriEdiction of the Milltary Government Courts any case or class of cases;

(e) To control or supervise the administration, budgets and personnel of all German courts authorized to function.

13. No sentence of death shall be carried out without the consent of Military Government.

14. No member of the Allied Forces nor any employee, of whatever nationality, of the Military Government, shall be required or permitted to testify in any German court without the consent of the Military Government.

15. In

ARTICLE VIII

Limitation and Prescription

any case in which delay in the assertion of any right by suit or action in a German court has the effect of rendering claims unenforceable or of extinguishing substantive rights, the period _during which the bringing of such suit or action lS pre-

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vented by the suspension of German courts or thelimitations imposed by this law shall be excludedin determining the applicable period of limitationor prescription.

MILITARY GOVERNMENT - GERMANYSUPREME COMlUANDER'S AREA OF CONTROL

Law No.5DISSOLUTION OF NAZI PARTYARTICLE IX

Penalties

16. Any person violating any of the provisions of this Lawshall, upon conviction by a Military GovernmentCourt, be liable to any lawful punishment, includingdeath, as such court may determine.

In order to end the regime of lawlessness, terror, andinhumanity established by the NaZi Party within the oc-cupied territory, it is hereby ordered:

1. To the full extent of their operation in the occupiedterritory, the National Socialist German Labor Party, andthe offices, organisations and institutions listed below aredissolved and declared illegal, all Party activities and theactivities of the following offices, organisations and insti-tutions, except as mentioned in Paragraph 5, are prohibited.1. Partei-Kanzlei,2. Kanzlei des Fuehrers der NSDAP,3. Auslandsorganlsatlon,4. Volksbund ruer das Deutschtum im Ausland,5. Volksdeutschemittelstelle,6. Partei amtliche Pruefungskommlssion zwn Schutze des

NS-Schrifttums.7. Reichsorganisationsleiter der NSDAP,8. Reichsschatzmeister der NSDAP.9. Beauftragter des Fuehrers ruer die Ueberwachung der

gesamten geistigen und weltanschaullchen Schulung undErziehung der NSDA.t'.

10. Reichspropagandaleiter der NSDAP,11. Relchsleiter fuer die Presse, und Zentralverlag der

NSDAP (Eher Verlag),12. Reichspressechef der NSDAP,13. Reichsamt Iuer das Landvolk,14. Hauptamt fuer Volksgesundheit,15. Hauptamt fuer Brzieher,16. Hauptamt fuer Kommunalpolltfk,17. Hauptamt fuer Beamte,18. Beauftragter der NSDAP fuer aUe Volkstumsfragen.19. Rassenpolitisches Amt der NSDAP,20. Amt fuer Slppenforschung,21. KoJonlalpolillsches Ami der NSDAP,22. Aussenpolitisches Amt der NSDAP.23. Reichstagsfraktion der NSDAP,

ARTICLE X

Effective Date

1'1. This Law shan become effective upon the date of i~first promulgation.

BY ORDER OF MILITARY GOVERNMENT

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vented by the suspensicn of German courts or tht! limitations imposed by this law shall be excluded in determining the applicable period of limitation. or prescription.

ARTICLE IX

Penalties

16. Any person violating any of the provisions of this Law shi.11, upon ccnviction by a Military Government Court, be liable to any lawful punishment, including death, as such court may determine.

ARTICLE X

Effective Date

17. This Law shall become effective upon the date of it.<. first promulgation.

BY ORDER OF :MILITARY GOVERNMENT

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MILITARY GOVERNMENT - GERlUANY


Law No. 5

DISSOLUTION OF NAZI PARTY In order to end the regime of lawlessness, terror, and

inhumanity established by the Nazi Party within the occupied territory, it is hereby ordered:

1. To the full extent of their operation in the occupied territory, the National Socia.list German Labor Party, and the offices, organisations and institutions listed below are dissolved and declared illegal, all Party act ivities and the activities of the following offices, organisations and institutions, except as mentioned in Paragraph 5, are prohibited.

1. Partei-Kanzlei, 2. Kan:zlei des Fuehrers der NSDAP, 3. Auslandmrganisation, 4. Volksbund fuer das Deutschtum im Ausland, 5. Volksdeutschemittelstelle, 6. Partei amtliche Pruefungskommission zum Schutze des

NS-Schrifttums. 7. Reichsorganisationsleiter der NSDAP, 8. Reichsschatzmeister der NSDAP, 9. Beauftragter des Fuehrers fuer die Ueberwachung der

gesamten geistigen und weltanschaulichen Schulung und Erziehung der NSDAJ:',

10. Reichspropagandaleiter der NSDAP, 11. Reichsleiter fuer die Presse, und Zentralverlag der

NSDAP (Eber Verlag), 12. Reichspressechef der NSDAP, 13. Reichsamt fuer das Landvolk, 14. Hauptamt fuer Volksgesundheit, 15. Hauptamt fuer Erzieher, 16. Hauptamt fuer Kommunalpolltik, 17. Hauptamt fuer Beamte, 18. Beauftragter der NSDAP fuer alle Volkstumsfragen, 19. Rassenpolitisches Amt der NSDAP, 20. Amt fuer Sippenforschung, 21. Kolonialpolitisches Amt der NSDAP, 22. Aussenpolitisches Amt der NSDAP, 23. Reichstagsfraktion der NSDAP,

15

•


24. Reichsfrauenfuehrung,25. NSD-Aerztebund.26. Hauptamt fuer Technik,27. NS-Bund Deutscher Technik,28. NS-Lehrerbund,29. Reichsbund der Dautschen Beemten,30. Reichskolonialbund,31. NS-Frauenschaft,32. NS-Reichsbund Deutscher Schwestern,33. Deutsches Frauenwerk,34. Refchsstudentenruehrung,35. NSD-Studentenbund,36. Deutsche Studentenschaft,37. NSD-Dozentenbund,'38. NS~Rechtswahrerbund,39. NS-Altherrenbund der Deutschen Btudenten.40. Reichsbund Deutsche Familie,"41. Deutsche Arbeitsfront.42. NS-Reichsbund fuer Leibesuebungen,43. NS-Reichskriegerbund,44. Relchskulturkammer,45. Deutscher Gemefndetag,46. Geheime Btaatspolizef,47. Deutsche Jaegerschaft,48. Sachverstaendigenbeirat fuer Bevoelkerungs- und Ras-

senpolitik,49. Retchsausschuss zum Schutze des Deutschen Blutes,SO. Winterhilfswerk,5L Hauptamt fuer Kriegsopfer,52. NSKOV (NS-Kriegsopferversorgung).

2. The para-military organisations listed below, all re-cruiting offices and training establishments and all depotsconnected therewith will in due course be dissolved. Orders:-egarding the personnel and equipment thereof will beIssued by the Allied Military authorities. Until receipt ofsuch orders, all embodied officers and personnel will remainat their posts in the organisation. No further recruiting Ispermitted. .

1. SA (Bturmabtellunganj , including the SA~Wehrmann-scharten,

2. S5 (Schutzstaffeln), including the Waften-SS, the SD(Sicherheitsdienst) and all offices combining commandover the police and the 88.

3. NSKK (NS-Kraftfahrerkorps),16

4. NSFK (NS-Fliegerkorps),:5. HJ (Hitler Jugend) including its subsidiary organisa-

tions,6. RAD (Relchsarbeltsdienst),7. OT (Organisation Todt) ,8. TN (Technische Nothilfe).3. All offices of the NS- Volkswohlfahrt in the occupied

territory will be closed. Its welfare activities will, subject tofurther direction by Military Government, be carried on bythe Buergermeister.4. All activities by any organisation dissolved or suspen-

ded by the Military Government or their officers or membersand any acts tending to continue or renew such activitiesunder any form are prohibited.5. All funds, property, equipment, accounts and records

of any organtsatlon mentioned in this Law shall be preser-ved intact and shall be delivered or transferred as requiredby Military Government. Pending delivery or transfer, allproperty, accounts and records shall be subject to inspection.Officers and others in charge thereof, and administrativeofficials will remain at their posts, until otherwise directed,and will be responsible to the Military Government fortaking all steps to preserve intact and undamaged all suchfunds, property, equipment, accounts and records and forcomplying with the orders of Military Government regal'dinO'blocking and control of property. "6. Any person violating any provision of this law shall

upon conviction by a Military Government Court be liableto any lawful punishment, Including death, as the COurtmay determine.7. This law shall become effective upon the date of its

first promulgation.

CA/G 132

17

24. Reichsfrauenfuehrung, 25. NSD-Aerztebund, 26. Hauptamt fuer Technik, 27. NS-Bund Deutscher Technik, 28. NS-Lehrerbund, 29. Reichsbund der Deutschen Beamten, 30. Reichskolonialbund, 31. NS-Frauenschaft, 32. NS-Reichsbund ~utscher Schwestern, 33. Deutsches Frs.uenwerk, 34. Reichsstudentenfuehrung, 35. NSD-Studentenbund, 36. Deutsche Studentenschaft, 37. NSD-Dozentenbund, 38. NS-Rechtswahrerbund, 39. NS-Altherrenbund der Deutschen Studenten. 40. Reichsbund Deutrnhe Famllie, 41. Deutsche Arbeitsfront. 42. NS-Reichsbund fuer Leibesuebungen, 43. NS-Reichskriegerbund, 44. Reichskulturkammer, 45. Deutscher Gemeindetag, 46. Geheime Staatspol!zei, 47. Deutsche Jaegerschaft, 48. Sachverstaendlgenbeirat fuer Bevoelkerungs- und Ras-

senpolitik, 49. Reichsausschuss zum Schutze des Deutschen Blutes, 50. Winterhllfswerk, 51. Hauptamt fuer Kriegsopfer, 52. NSKOV (NS-Kriegsopferversorgung).

2. The para-military organisations listed below, all recruiting offices and training establishments and all depots connected therewith will in due course be dissolved. Orders rega11ding the personnel and equipment thereof will be issued by the Allied Military authorities. Until receipt of such orders, all embodied officers and personnel will remain at their posts in the organisation. No further recruiting is permitted.

1. SA (Sturmabteilungen), including the SA-Wehrmannschaften, 2. SS (Schutzstaffeln), including the Waffen-SS, the SD (Sicherheitsdienst) and all offices combining command

over the police and the SS. 3. NSKK (NS-Kraftfahrerkorp.s),

10

4. NSFK (NS-Fliegerkorps), ,5. HJ (Hitler Jugend) including its subsidiary organisa-

tions, 6. RAD (Reichsarbeitsdienst), 7. OT (Organisation Todt) , 8. TN (Technische Nothilfe). 3. All offices of the NS-Volkswohlfahrt in the occupied territory will be closed. Its welfare activities will, subject to further direction by Military Government, be carried on by

the Buergermeister. 4. All activities by any organisation disrnlved or suspen

ded by the Military Government or their officers or members and any acts tending to continue or renew such activities under any form are prohibited.

5. All funds, property, equipment, accounts and records of any organimtion mentioned in this Law shall be preserved intact and shall be d~livered or transferred as required by Military Government. Pending delivery or transfer, all property, accounts and records shall be subject to inspection. Officers and others in charge thereof, and administrative officials will remain at their posts, until otherwise directed, and will be responsible to the Military Government for taking all steps to preserve intact and undamaged all such funds, property, equipment, accounts and records and for complying with the orders of Military Government regardlna blocking and control of property. 0

6. Any person violating any provision of this law shall upon conviction by a Military Government Court be liable to any lawful punishment, including death, as the Court may determine.

7. This law shall become effective upon the date of its first promulgation.


CA/G 132

17


Law No. 51CURRENCYARTICLE I

Allied Military Marks1. Allied Military Mark Notes of the denominations

specified in the SChedule hereto shall be legal tender in theoccupied territory of Germany for the payment of anyMark debt.2. Allied Military Mark Notes will in all respects be

equivalent to any other legal tender Mark currency of thesame face value.3. No person shall discriminate between Allied Military

Marks and any other legal tender Mark currency of equaltace value.

ARTICLE IIProlulJited TransactJons

4. Except as authorised by Military Government, noperson shall make or enter, or offer to enter, into anyarrangement or transaction providing for payment in ordelivery of a currency other than Marks.

ARTICLE IIIPenalties

5. Any person violating any provision of this Law shall,Upon conviction by a Military Government Court be liableto any lawful punishment other than death as the Courtmay determine. '

ARTICLE IVEffective Date

6. This Law shall become effective upon the date of itsfirst promulgation.

BY ORDER OF MILITARY GOVERNMENT.18

Schedule

Denominationsof Allied

Military Mark Notes(Marks)

Size(in cm.)

Words and Figuresindicating amountand printed in

0.50151020501001,000

6.7 X 7.867 X 7867 X 7.867 X 11.267 X 1566.7 X 15667 X 1566.7 X 15.6

GreenDark blueReddish PurpleDark blueRedDark BlueReddish PurpleGreen

On the face of all notes are printed:(a) The amount in words-thus: FtinfZig Pfennig, Eine

Mark, etc. Also the amount in figures-thus: 711(on the Pf.50 note), 1 (on the M.1 note), etc.

(b) The words "Alillerte Militarbehorde" at the top ofthe note.

(c) The words "In Umlauf geztzt in Deutschland","Serle 1944",and the serial number of the note.On the notes for M.20, 50, 100 and 1,000 all ofthese appear twice.

The basic colour of the field on the face of all the notesis light blue; on the back it is reddish brown.

CA/GI 39A

19

MILITARY GOVERNMENT - GERMANY SUPREME COMMANDER'S AREA OF CONTROL

Law No. 51 CURRENCY

ARTICLE I Allied Military Marks

1. Allied Military Mark Notes of the denominations specified in the Schedule hereto shall be legal tender in the occupied territory of Germany for the payment of any Mark debt.

2. Allied Military Mark Notes will in all respects be equivalent to any other legal tender Mark currency of the same face value.

3. No person shall discriminate between Allied Military Marks and any other legal tender Mark currency of equal face value.

ARTICLE II Proln"bited Transactions

4. Except as authorised by Military Government, no person shall make or enter, or offer to enter, into any arrangement or transaction providing for payment in or delivery of a currency other than Marks.

ARTICLE III Penalties

5. Any person violating any provision of this Law shall, upon conviction by a Military Government Court be liable to any lawful punishment other than death, as the Court may determine.

ARTICLE IV Effective Date

6. This Law shall become effective upon the date of !ts first promuigation.

BY ORDER OF MILITARY GOVERNMENT. 18

'

Denominations of Allied

Military Mark Notes (Marks)

0.50 1 5

10 20 50

100 1,000

Schedule

Size (in cm.)

6.7 X 7.8 6 7 X 7 8 6 7 X 7.8 6.7 X 11.2 6 7 X 15 6 6.7 X 15 6 6 7 X 15 6 6.7 X 15.6

On the face of all notes are printed:

Words and Figures indicating amount

and printed in

Green Dark blue Reddish Purple Dark blue Red Dark Blue Reddish Purple Green

(a) The amount in words-thus: Fii.nfzig Pfennig, Eine Mark, etc. Also the amount in figures-thus: ½ (on the Pf 50 note), 1 (en the M .1 note), etc.

(b) The words "Alliierte Militarbehorde" at the top of the note.

(c) The words "In Umlauf geztzt in Deutschland", "Serie 1944",and the serial number of the note. On the notes for M.20, 50, 100 and 1,000 all of these appear twice.

The basic colour of the field on the face of all the notes is light blue; on the back it is reddish brown.

CA/Gl 39A

19


wise, 1s hereby declared to be equally subject to seizure orpossession or title, direction, management, supervision orotherwise being taken into control by Military Government.

Law No. 52

BLOCKING AND CONTROL OFPROPERTY

ARTICLE II

Prohibited Trnnsactions

3. Except as herein-after provided, or when licensed orotherwise authorized or directed by· Military Government,no person shall import, acquire or receive, deal in, sell,lease, transfer, export, hypothecate or otherwise dispose of,destroy or surrender possession, custody. or control of anyproperty:

a. Enumerated in Article I hereof;b. Owned or controlled by any Kreis, municipality, orother similar political subdivision;

c. Owned or controlled by any institution dedicated topublic worship, charity, education, the arts andsciences;

d. Which is a work of art or cultural material ofvalue or importance, regardless of the ownership orcontrol thereof.

ARTICLE I

Categories of Property

1. All property within the occupied territory owned orcontrolled, directly or indirectly, in whole or in part, byany of the following is hereby declared to be subject topossession or title, direction, management, supervision orotherwise being taken into control by Military Government.

a. The German Reich, or any of the Laender, Gaue,or Provinces, or other similar political subdivision,or any agency or instrumentality thereof, includingall utilities, undertakings, public corporations ormonopolies under the control of any of the above;

b. Governments, nationals, or residents of other na-tions, including those of territories occupied by them,at war with any of the United Nations at any timesince 1 September 1939.

c. The NSDAP, all offices, departments, agencies andorganizations forming part of, attached to, or con-trolled by it, its officials and such of its leadingmembers or supporters specified by Military Go-vernment;

d. All persons held under detention or any type ofcustody by Military Government;

e. All organizations, clubs or other associations pro-hibited or dissolved by Military Government;

f. Absent owners, including United Nations govern-ments and nationals thereof;

g. All other persons specified by Military Governmentby inclusion in lists or otherwise.

2. Property which has been the subject of duress, wrongfulacts of confiscation, dispossession or spoliation from terri-tories outside GERMANY, whether pursuant to legislationor by procedures purporting to follow forms of law or other-20

ARTICLE ill

Responsibilities for Property4. All custodians, curators, officials, or other persons

having possession, custody or control of property enumeratedin Articles I and II hereof are required:

a. (i) To hold the same, subject to the directions ofthe Military Government, and pending suchdirection not to transfer, deliver or otherwisedispose of the same;

(il) to preserve, maintain and safeguard and notto cause or permit any action which will im-pair the value or utility of such property;

(iii) to maintain accurate records and accounts withrespect thereof and the income thereof.

b. When and as directed by Military Government:(i) File reports furnishing such data as may be

required with respect to such property and allreceipts and expenditures received or made inconnection therewith;

(il) Transfer and deliver custody, possession or con-21


Law No. 52

BLOCKING AND CONTROL OF PROPERTY

ARTICLE I

Categories of Property

1. All property within the occupied territory owned or controlled, directly or indirectly, in whole or in part, by any of the following is hereby declared to be subject to possession or title, direction, management, supervision or otherwise being taken into control by Military Government.

a. The German Reich, or any of the La.ender, Gaue, or Provinces, or other similar political subdivision, or any agency or instrumentality thereof, including all utilities, undertakings, public corporations or monopolies under the control of any of the above;

b. Governments, nationals, or residents of other nations, including those of territories occupied by them, at war with any of the United Nations at any time since 1 September 1939.

c. The NSDAP, all offices, departments, agencies and organizations forming part of, attached to, or controlled by it, its officials and such of its leading members or supporters specified by Military Government;

d. All persons held under detention or any type of custody by Military Government;

e. All organizations, clubs or other associations prohibited or dissolved by Military Government;

f. Absent owners, including United Nations governments and nationals thereof·

g. All other persons specified by Military Government by inclusion in lists or otherwise.

2. Property which has been the subject of duress wrongful acts of confiscation, dispossession or spoliation fr~m territories outside GERMANY, whether pursuant to legislation or by procedures purporting to follow forms of law or other-20

wise, is hereby declared to be equally subject to seizure of possession or title, direction, management, supervision or otherwise being taken into control by Military Government.

ARTICLE II

Prohibited Transactions

3. Except as herein-after provided, or when licensed or otherwise authorized or directed by · Military Government, no person shall import, acquire or receive, deal in, sell, lease, transfer, export, hypothecate or otherwise dispose of, destroy or surrender possession, custody, or control of any property:

a. Enumerated in Article I hereof; b. Owned or controlled by any Kreis, municipality, or

other similar political subdivision; c. Owned or controlled by any institution dedicated to

public worship, charity, education, the arts and sciences;

d. Which ls a work of art or cultural material of value or importance, regardless of the ownership or control thereof.

ARTICLE ID

Responsibilities for Property 4. All custodians, curators, officials, or other persons

having possession, custody or control of property enumerated in Articles I and II hereof are required:

a. (1) To hold the same, subject to the directions of the Military Government, and pending such direction not to transfer, deliver or otherwise dispose of the same;

(ii) to preserve, maintain and safeguard and not to cause or permit any action which will impair the value or utility of such property;

(iii) to maintain accurate records and accounts with respect thereof and the income thereof.

b. When and as directed by Military Government: (i) File reports furnishing such data as may be

required with respect to such property and all receipts and expenditures received or made in connection therewith;

(ii) Transfer and deliver custody, possession or con-21

trol of such property and all books, recordsand accounts relating thereto, and

(iii) Account for the property and all income and.products thereof.

5. No person shall do, cause, or permit to be done anyact of commission or omission which results in damage toor concealment of any of the properties covered by this law.

ARTICLE IV

Operation of business enterprises and Government property

6. Unless otherwise directed and subject to Elich furtherlimitation as may be imposed by Military Government:a. Any business enterprise subject to control under

this law may engage in all transactions ordinarilyincidental to the normal conduct of its businessactivities within occupied GERMANY provided thatsuch business enterprise shall not engage in anytransaction Which, directly or indirectly, substantial-ly diminishes or imperils the assets of such enter-prise Dr otherwise prejudicially affects its financialpcsltdon and provided further that this does notauthorize any transaction which is prohibited foranyreason other than the issuance of the law.

b. Property described in Article I, 1, a, shall be usedfor its normal purposes.

ARTICLE V

Void transfers

7. Any prohibited transaction without a duly issued li-cense or authorisation from Military Government and anytransfer contract arrangement made, whether before or afterthe date of this law, with the intent to defeat or evadethe powers or objects of Military Government or the restt-tutdon of any property to its rightful owner, is null and void.

ARTICLE VI

Conflicting laws

8. In case of any inconsistency between this law and anyorder made under it and any German law the formerprevails. All laws, decrees and regulations providing for the22

seizure, confiscation or forced purchase of property enume-rated in Articles I and II, otherwise than by the MilitaryGovernment are hereby suspended.

ARTICLE VII

Definitions

9. For the purposes of this Law, the following terms aredefined as follows:

a. "Person" shall mean and include any natural per-son, collective persons and any entity under publicor private law having legal capacity to acquire,occupy, control or dispose of property or intereststherein;

b. "BUsiness Enterprise" shall mean any individual,partnership, association, corporation or other orga-nization engaged in commercial or other business 'orpublic welfare activities;

c. "Property" shall mean and Include all moveableand immoveable property and all legal, equitable oreconomic rights and interests in or claims to suchproperty whether present or future, and shall in-clude, but shall not be limited to, land and buildings,money, stocks, shares, patent rights or licensesthereunder, or other evidences of ownership, andbonds, bank balances, claims, obligations and otherevidences of indebtedness, and works of art andother cultural materials;

d. A "national" of a state or government shall meanand Include a subject or citizen and any partnership,corporation, or other juridical person existing underthe laws of, or having a principal office in theterritory of such state or government;

e. "GERMANY" shall mean the area constituting "DRsDeutsche Reich" as on 31 December 1937.

ARTICLE VIII

Penalties10. Any person violating any of the provlslons of this law

shall, upon conviction by a Military Government Court beliable to any lawrul punishment, including death, as theCourt may determine.

23

trol of such property and all books, records and accounts relating thereto, and

(iii) Account for the property and all income and products thereof.

5. No person shall do, cause, or permit to be done any act of ccmmirnion or omission which results in damage to or concealment of any of the properties covered by this law.

ARTICLE IV

Operation of business enterprises and Government property 6. Unless otherwise directed and subject to such further

limitation as may be imposed by Military Government: a. Any business enterprise subject to control under

this law may engage in all transactions ordinarily incidental to the normal conduct of its business activities within occupied GERMANY provided that such business enterprise shall not engage in any transaction which, directly or indirectly, substantially diminishes or imperils the assets of such enterprise or otherwise prejudicially affects Its financial position and provided further that this does not authorize any transaction which is prohibited for any reason other than the issuance of the law.

b. Property de.scribed in Article I, 1, a, shall be used for its normal purposes.

ARTICLE V

Void transf~

7. Any prohibited transaction without a duly issued license or authorisation from Military Government and any transfer contract arrangement made, whether before or after the date of this law, with the intent to defeat or evade the powers or objects of Military Government or the restitution of any property to its rightful owner, is null and void.

ARTICLE VI

Conflicting laws 8. In case of any inconsistency between this law and any

order made under it and any German law the former prevails. All laws, decrees and regulations providing for the 22

seizure, confiscation or forced purchase of property enumerated in Articles I and II, otherwise than by the Military Government are hereby suspended.

ARTICLE VII

Definitions

9. For the purposes of this Law, the following terms are defined as follows:

a. "Person" shall mean and Include any natural person, collective persons and any entity under public or private law having legal capacity to acquire, occupy, control or dispose of property or interests therein;

b. "Business Enterprise" shall mean any individual, partnership, association, corporation or other organization engaged in commercial or other business or public welfare activities;

c. "Property" shall mean and include all moveable and Immoveable property and all legal, equitable or economic rights and Interests In or claims to such property whether present or future, and shall include, but shall not be limited to, land and buildings, money, stocks, shares, patent rights or licenses thereunder, or other evidences of ownership, and bonds, bank balances, claims, obligations and other evidences of Indebtedness, and works of art and other cultural materials;

d. A "national" of a state or government shall mean and Include a subject or citizen and any partnership, corporation, or other juridical person existing. under the laws of, or having a principal office m the territory of such state or government;

e. "GERMANY" shall mean the area constituting ,,Das Deutsche Reich" as on 31 December 1937.

ARTICLE VIII

Penalties 10. Any person violating any of the provisions of this law

shall, upon conviction by a Military Government Court be liable to any lawful punishment, including death, as the Court may determine.

23

ARTICLE IX

Effective date

11. This Law shall become effective upon the date ofits first promulgation.



Law No. 53FOREIGN EXCHANGE CONTROL

ARTICLE I

Prohibited Transactions

1. Except as duly licensed by or on instructions of Mili-tary Government, any transaction involving or withrespect to any of the following is prohibited:(a) Any foreign exchange assets owned or contr911ed

directly or indirectly, in whole O~ in part, by anyperson in GERMANY;

(b) Any property located in GERMANY owned or con-trolled directly or indirectly, in whole or in part,by any person outside GERMANY.

2. Any transaction with respect to or involving any of thefollowing is also prohibited, except as duly licensed byor on instructions of Military Government:(a) Property wherever situated if the transaction is

between or involves any person in GERMANY andany person outside GERMANY;

(b) Any obligation of payment or performance, whethermatured or not, due or owing to any person outsideGERMANY by any person in GERMANY;

(0) The importing or otherwise bringing into GERMA-NY of any foreign exchange, assets, German cur-rency, or securities issued by persons in GERMA-NY and expressed or payable in German currency;

(d) The exporting, remitting, or other removal of anyproperty from GERMANY.

3. All existing licenses and exemptions Issued by any Ger-man Authority authorizing any of the afore.saidtransactions are cancelled.

CAJGL 34

ARTICLE II

Declaration of Pro~rty and ObligatIons4, Within thirty (30) days of the effective date of this

law unless otherwise ordered, any person owning or

25'24

ARTICLE IX

Effective date

11. This Law shall become effective upon the date of its first promulgation.


CA/GL 34

24


Law No. 53 FOREIGN EXCHANGE CONTROL

ARTICLE I

Prohibited Transactions 1. Except as duly licensed by or on instructions of Mili

tary Government, any transaction involving or with respect to any of the following is prohibited: (a) Any foreign exchange assets owned or controlled

directly or indirectly, in whole or in part, by any person in GERMANY;

(b) Any property located in GERMANY owned or controlled directly or indirectly, in whole or in part, by any person outside GERMANY.

2. Any transaction with respect to or involving any of the following is also prohibited, except as duly licensed by or on instructions of Military Government: (a) Property wherever situated if the transaction is

between or involves any person in GERMANY and any person outside GERMANY;

(b) Any obligation of payment or performance, whether matured or not, due or owing to any person outside GERMANY by any person in GERMANY;

(c) The importing or otherwise bringing into GERMANY of any foreign exchange, assets, German currency, or securities issued by persons in GERMANY and expressed or payable in German currency;

(d) The exporting, remitting, or other removal of any property from GERMANY.

3. All existing licenses and exemptions issued by any German Authority authorizing any of the aforesaid transactions are cancelled.

ARTICLE II

Declaration of Proparty and Obligations 4. Within thirty (30) days of the effective date of this

law unless otherwise ordered, any person owning or

25

11

controlling directly or indirectly, in whole or in part,any foreign exchange asset, or owing any obligation ofpayment or performance, whether matured or not, to aperson outside GERMANY, shall file with the nearestbranch of the Reichsbank, or other institution designa-ted by Military Government, a written declaration ofsuch assets or obligations in such form and manner aswill be prescribed by Military Government.

prohibited by this law, or any request in relation tothe operation of this law, shall be submitted in accor-dance with such regulations as may be issued at afuture date by Military Government.

ARTICLE ill

ARTICLE V

Void Transfer

9. Any prohibited transactions effected and any transfers,contracts or other arrangements made, whether beforeor after the date of this law. with the intent to defeator evade the powers or objects of Military Government,are null and VOid.

Delivery of ProP2rty

5. Within fifteen (15) days of the effective date of thislaw, all of the following classes of property shall bedelivered, against receipt therefor, by the owner, holderor other person in possession, custody or control thereof,to the nearest branch of the Reichsbank, or as otherwisedirected:(a) Currency, other than German currency;(b) Checks, drafts, bills of exchange and other instru-

ments of payment drawn on or issued by personsoutside Germany;

(c) Securities and other evidences of ownership orindebtedness issued by:(1) Persons outside GERMANY; or(2) Persons in GERMANY if expressed in a cur-

rency other than German currency;(d) Gold or silver coin; gold, silver or platinum bullion

or alloys thereof in bullion form.6. Any person owning or controlling directly or indirectly,

in whole or in part, any other type of foreign exchangeasset shall, when ordered by M1litary Government.deliver against receipt, the possession, custody or con-trol of such asset to the nearest branch of the Reichs-bank, or as otherwise directed.

1. Any property referred to in this Article which hereaftercomes into the possession, ownership or control of anyperson subject to this law, shall, within 3 days thereof,be delivered by such person in the same manner asprovided in this Article.

ARTICLE VI

Conflicting Law

10. In case of any inconsistency between this law and anyorders made under it and any German law, the formerprevails.

ARTICLE VII

ARTICLE IV8. Applications for licenses to engage in transactioDJ

26

Definitions11. For the purposes of this law:

(a) The term "person" shall include any natural personor collective persons and any juridical person orentity under public or private law having legalcapacity to acquire, use, control or dispose of pre-perty or interests therein; and any governmentIncluding all political subdivisions, public corpora-tions, agencies and instrumentalities thereof;

(b) The term "transaction" shall Include acqulrmg,importing, borrowing or receiving With or withoti'tconsideration; remitting, selling, leasing, transfer-ring, rem,oving, exporting, hypothecating, pledgingor otherwl;Se disposing of; paying, repaying, lending,guaranteeing or otherwise dealing in any propertymentioned in this law;

(0) The term "property" shall Include all moveable andimmoveable property and all legal, equitable, oreconomic rights and interests in or claims to suchproperty, Whether matured or not, and shall In-

27

controlling directly or indirectly, in whole or in part, any foreign exchange asset, or owing any obligation of payment or performance, whether matured or not, to a person outside GERMANY, shall file with the nearest branch of the Reichsbank, or other institution designated by Military Government, a written declaration of such assets or obligations in such form and manner as will be prescribed by Military Government.

ARTICLE ill

Delivery of Pro~rty

5. Within fifteen (15) days of the effective date of this law, all of the following classes of property shall be delivered, against receipt therefor, by the owner, holder or other person in possession, custody or control thereof, to the nearest branch of the Reichsbank, or as otherwise directed: (a) Currency, other than German currency; (b) Checks, drafts, bills of exchange and other instru

ments of payment drawn on or issued by persons outside Germany;

(c) Securities and other evidences of ownership or indebtedness issued by: (1) Persons outside GERMANY; or (2) Persons in GERMANY if expressed in a cur

rency other than German currency; (cl) Gold or silver coin; gold, silver or platinum bullion

or alloys thereof in bullion form. 6. Any person owning or controlling directly or indirectly,

in whole or in part, any other type of foreign exchange asset shall, when ordered by Military Government. deliver against receipt, the possession, custody or control of such asset to the nearest branch of the Relchsbank, or as otherwise directed.

'l. Any property referred to in this Article which hereafter comes Into the possession, ownership or control of any person subject to this law, shall, within 3 days thereof, be delivered by such person in the same manner as provided in this Article.

ARTICLE IV 8. Applications for licenses to engage in transaction&

21

prohibited by this law, or any request In relation to the operation of this law, shall be submitted in accordance w1th such regulations as may be issued at a future date by Military Government.

ARTICLE V

Void Transfer

9. Any prohibited transactions effected and any transfers, contracts or other arrangements made, whether before or after the date of this law, with the intent to defeat or evade the powers or objects of Military Government, are null and void.

ARTICLE VI

Conflicting Law

10. In case of any inconsistency between this law and any orders made under it and any German law, the former prevails.

ARTICLE VII

Definitions

11. For the purposes of this law: (a) The term "person" shall include any natural person

or collective persons and any Juridical person or entity under public or private law having legal capacity to acquire, use, control or dispose of property or interests therein; and any government including all political subdivisions, public corporations, agencies and instrumentalities thereof;

(b) :nie term "transaction" shall include acquiring, llllporting, borrowing or receiving with or without consideration; remitting, selling, leasing, transferring, removing, exporting, hypothecatlng, pledging or otherwise disposing of; paying, repaying, lending, guaranteeing or otherwise dealing in any property mentioned in this law;

(c) The term "property" shall include all moveable and Immoveable property and all legal, equitable, or economic rights and Interests in or claims to such property, whether matured or not, and shall in-

2:1

elude but shall not be limited to land and bulldlngs;money, bank balances, checks, drafts, bills ofexchange and other instruments of payment; stock,shares, patent rights or licenses thereunder, andother evidences of ownership; claims, bonds, deben-tures and other evidences of indebtedness;

(d) The term "foreign exchange asset" shall be deemedto include:(l) Any property located outside GERMANY;(2) Currency (other than German currency); bank

balances outside GERMANY; and checks,drafts, bills of exchange and other instrumentsof payment drawn on or issued by personsoutside GERMANY;

(3) Claims and any evidence thereof owned orheld by:(a) Any person in GERMANY against a. per-

son outside GERMANY whether expressedin German or ether currency;

(b) Any person in GERMANY against anyother person in GERMANY if expressed in8. currency other than German currency;

(c) Any person outside GERMANY againstanother person outside GERMANY inwhich claim a person in GERMANY hasany interest.

(4) Any securities and other evidences of owner-ship or indebtedness issued by persons outsideGERMANY, and securities issued by persons inGERMANY if expressed or payable in a cur-rency other than Germany currency;

(5) Gold or silver coin, or gold, silver or platinumbullion or alloys thereof in bullion form, nomatter vvhere located;

(6) Such other property as is determined by Mi-litary Government to be a foreign exchangeasset.

(e) A juridical person shall be deemed to be in thecountry by or under the laws of which such personwas created, or carries on business, or in whichsuch person has a principal place of business:

(f) Property shall be deemed to be "owned or ~n~·led" by any person if such property Is held 1DhiS

28

name or for his account or benefit, or owed tohim or to his nominee or agent or if such personhas a right or obligation to purchase, receive oracquire such property;

(g) The tenn "GERMANY" shall mean the areaconstituting "Das Deutsche Reich" as it existedon 31 December 1937.

ARTICLE VIII

Penalties

12. Any person violating the provisions of this law shallupon conviction by Military Government COurts beHable to any lawful punishment other than death asthe court may determine.

ARTICLE IX

Effective Date

13. 'Ibis law shall become effective upon the date of itsfirst promulgation.

BY ORDER OF THE MILITARY GOVERNMENT.

28

elude but shall not be limited to land and buildings; money, bank balances, checks, drafts, bills of exchange and other instruments of payment; stock, shares, patent rights or licenses thereunder, and other evidences of ownership; claims, bonds, debentures and other evidences of indebtedness;

(d) The term "foreign exchange asset" shall be deemed to include: (1) Any property located outside GERMANY; (2) Currency (other than German currency); bank

balances outside GERMANY; and checks, drafts, bills of exchange and other instruments of payment drawn on or issued by persons outside GERMANY;

(3) Claims and any evidence thereof owned or held by: (a) Any person in GERMANY against a per

son outside GERMANY whether expressed in German or ether currency;

(b) Any person in GERMANY against any other person in GERMANY if expressed in e.. currency other than German currency;

(c) Any person outside GERMANY against another person outside GERMANY ln which claim a person in GERMANY has any interest.

(4) Any securities and other evidences of ownership or indebtedness issued by persons outside GERMANY, and securities issued by persons in GERMANY if expressed or payable in a currency other than Germany currency;

(5) Gold or silver coin, or gold, silver or platinum bullion or alloys thereof in bullion form, no matter where located;

(6) Such other property as is determined by Military Government to be a foreign exchange asset.

(e) A juridical person shall be deemed to be in the country by or under the laws of which such person was created, or carries on business, or in which such person has a principal place of business;

(f) Property shall be deemed to be "owned or controled" by any person if such property is held in his

name or for his account or benefit, or owed to him or to his nominee or agent or it such person has a right or obligation to purchase, receive or acquire such property;

(g) The term "GERMANY" shall mean the area constituting 'Das Deutsche Reich" as it existed on 31 December 1937.

ARTICLE VIII

Penalties

12. Any person violating the provisions of this law shall upon conviction by Military Government Courts be liable to any lawful punishment other than death as the court may determine.

ARTICLE IX

Effective Date


BY ORDER OF THE MILITARY GOVERNMENT.

29

--,,---------------1MILITARY GOVERNMENT - GERMANY


Law No. 161

FRONTIER CONTROL1. Until further instructions by the Military Government

all inward or outward movement over the frontiers of GER~MANY of all persons, goods and property at any kind isprohibited.

2. This does not apply to members of the Allied Forcesor persons specially authorized by Military Government orto equipment of the Allied Forces or goods under authorityof the Military Government.

3. The frontiers of GERMANY for the purposeof thislaw shall be those existing on 31st December, 1937, withinthe above area of control, subject to any variations made bythe Military Government for the purpose of frontier control.

4. Any person violating the provisions of this law shallupon conviction by Military Government Court be liable toany lawful punishment, including death, as the Court maydetermine.

'5. This Iaw shall become effective upon the date of itsfirst promulgation.


CA/GI 36

30


Ordinance No.1

CRIMES AND OFFENSESIn order to provide for the security of the Allied Forces

and to establish public order throughout the territory oc-cupied by them it is ordered:

ARTICLE I

Capital Offenses

The following offenses are punishable by death or suchother penalty as a Military Government Court may impose:1. Espionage;2. Communication with the enemy forces or, except

through authorized channels, with any person in enemyterritory not occupied by the Allied Forces;

3. Communication of information which may be dangerousto the security or property of the Allied Forces, orunauthorized possession of such information withoutpromptly reporting it; and unauthorized communicationby code or cipher;

4. Armed attack on or armed resistance to the AlliedForces;

5. Acting in defiance or contravention of terms imposedby the Allies upon Germany on defeat or surrender,or of any orders supplementing such terms;

6. Acts or conduct in support or aid of any nation atwar with any of the United Nations, or of the NSDAPor other organization dissolved or declared illegal by theAllied Forces, Including publication and circulation ofmatter printed or written in aid of any thereof or thepossession thereof with intent to publish or circulate,and the provocative display of flags, uniform, or insignia.of any such organization;

7. Killing or assaulting any member of the Allied Forces;8. Falsely pretending to be a member of the Allied Forces;

unlawfully wearing any uniform of the Allied Forces;9. Unlawful possession or control of any firearm, ammuni-

31



Law No. 161

FRONTIER CONTROL

1. Until further instructions by the Mi!ltary Government all inward or outward movement over the frontiers of GERMANY of all persons, goods and property ot any kind is prohibited.

2. This does not apply to members of the Allied Forces or persons specially authorized by Military Government or to equipment of the Allied Forces or goods under authority of the Military Government.

3. The frontiers of GERMANY for the purpose of this law shall be tho~e existing on 31st December, 1937, within the above area of control, subject to any variations made by the Military Government for the purpose of frontier control.

4. Any person violating the provisions of this law shall upon conviction by Military Government Court be liable to any lawful punishment, including death, as the Court may determine.



CA/GI 36

30



Ordinance No. 1

CRIMES AND OFFENSES In order to provide for the security of the Allied Forces

and to establish public order throughout the territory occupied by them it is ordered:

ARTICLE I

Capital Offenses

The following offenses are punishable by death or such other penalty as a Military Government Court may impose:

1. Espionage; 2. Communication with the enemy forces or, except

through authorized channels, with any person in enemy territory not occupied by the Allied Forces;

s. Communication of information which may be dangerous to the security or property of the Allied Forces, or unauthorized possession of such information without promptly reporting it; and unauthorized communication by code or cipher;

4. Armed attack on or armed resistance to the Allied Forces;

5. Acting in defiance or contravention of terms imposed by the Allies upon Germany on defeat or surrender, or of any orders supplementing such terms;

6. Acts or conduct in support or aid of any nation at war with any of the United Nations, or of the NSDAP or other organization dissolved or declared illegal by the Allied Forces, including publication and circulation of matter printed or written in aid of any thereof or the possession thereof with intent to publish or circulate, and the provocative display of flags, uniform, or insignia of any such organization;

7. Killing or assaulting any member of the Allied Forces; 8. Falsely pretending to be a member of the Allied Forces;

unlawfully wearing any uniform of the Allied Forces; 9. Unlawful possession or control of any firearm, ammuni-

31

tion, explosive, or other war material or of appa.ratusor other means for transmitting messages;

10. Unauthorized use of any firearm or other deadlyweapon, ammunition, explosive or similar war material;

11. Furthering the escape of any person detained by Alliedauthority or assisting or concealing any such personafter escape;

12. Assisting any member of the enemy forces to avoidcapture;

13. Interference with transportation or communication orthe operation of any public service or utility;

14. Sabotage of any war material of the Allied Forces orof any installations or property necessary or useful tomilitary operations or the Military Government;

15. Wilful destruction, removal, interference with, or con-cealment of, records or archives of any nature, publicor private;

16. Plunder, pillage or looting; robbing or abusing the deador wounded;

17. Wilfully interfering with or misleading any memberof or person acting under the authority of the AlliedForces in the performance of his duties;

18. Incitement to or participation in rioting or publicdisorder;

19. Stealing, or obtaining by fraud, property of the AlliedForces or any member thereof;

20. Any other violation of the laws of war or act in aid ofthe enemy or endangering the security of the AlliedForces.

ARTICLE rrother Offenses

The following offenses are punishable by such penaltyother than death as a Military Government Court mayimpose:21. Disobedience of any proclamation, law, ordinance, notice

or order of the Military Government or of any repre-sentative where a penalty is not expressly imposed orof any German authority Issued pursuant to any suchorder;

22. Circulating without a permit during curfew which,unless otherwise provided by public notice, shall besunset to sunrise;

32

23. In the coastal area leaving the shore in any ves:sel orotherwiseexcept as authorized by Allied Authonty;

24. MOvingany ship or vessel or any aircraft except asauthorized by Military Government;

25. Failure, without authority, to have possession of a validIdentity card;

26. MakinO',issuing or knowingly having possession of anyfalse ;rmit, identity card or other document of officialooncern to the Allied Forces, delivery of any suchmatter, whether false or valid, to any unauthorizedperson or for an unauthorized purpose;

Z7. Counterfeiting or altering any Allied Military Marksor any other currency, coin or stamps or having pos-session of or uttering any thereof, having reason tobelieveit to be false or altered; or having possessionof or disposing of any property for me for any suchpurpose;

28. Inviting or conducting any member of the Allied Forcesinto a place designated "Off Limits" or "Out ofBounds",or supplying goods or services to such memberin any such place;

29. Bribery, corruption cr intimidation of any member of,or person acting under the authority of, the AlliedForces; receiving, or offering to receive, a bribe fornon-performance of duty to the Allied Forces;

30. Obstructingor contravening any announced program ororders of the Military Government with respect toAllied prisoners of war or nationals of the United Na-tions in Germany, or assaulting, despoiling or withoutjustification confining or otherwise infringing the rightsof such prisoners or nationals;

31. Unauthorized possession, control or disposition of pro-perty belonging to the Allied Forces or to a memberof the Allied Forces;

32. Destruction, concealment, unauthorized possession ordL91osltionof, or interference with, any ship, instal-lation, plant, equipment or other economic asset, orplans or records with respect thereto, required by theMilitary Government;

33. ~OWingly making any false statement, orally or inwnting, to any member of, or person acting under theauthority of, the Allied Forces in a matter of officialconcern; or in any manner defrauding, or refusing togive information required by Military Government.

at False a.ssumptlon of authority from the Allied For~es;

33

tion, explosive, or other war material or of apparatus or other means for transmitting messages;

10. Unauthorized use of any firearm or other deadly weapon, ammunition, explosive or similar war material;

11. Furthering the escape of any person detained by Allied authority or assisting or concealing any such person after escape;

12. Assisting any member of the enemy forces to avoid capture;

13. Interference with transportation or communication or the operation of any public service or utility;

14. Sabotage of any war material of the Allied Forces or of any installations or property necessary or useful to military operations or the Military Government;

15. Wilful destruction, removal, interference with, or concealment of, records or archives of any nature, public or private;

16. Plunder, pillage or looting; robbing or abusing the dead or wounded;

17. Wilfully interfering with or misleading any member of or person acting under the authority of the Allied Forces in the performance of his duties;

18. Incitement to or participation in rioting or public disorder;

19. Stealing, or obtaining by fraud, property of the Allied Forces or any member thereof;

20. Any other violation of the laws of war or act in aid of the enemy or endangering the security of the Allied Forces.

ARTICLE II

Other Offenses

The following offenses are punishable by such penalty other than death as a Military Government Court may impose:

21. Disobedience of any proclamation, law, ordinance, notice or order of the Military Government or of any representative where a penalty is not expressly imposed or of any German authority issued pursuant to any such order ;

22. Circulating without a permit during curfew which, unless otherwise provided by public notice, shall be sunset to sunrise;

32

23. In the coastal area leaving the shore in any vessel or otherwise except as authorized by Allied Authority;

24, Moving any ship or vessel or any aircraft except as authorized by Military Government;

25. Failure, without authority, to have possession of a valid identity card;

26. Making, issuing or knowingly having possession of any false permit, identity card or other document of official concern to the Allied Forces, delivery of any such matter, whether false or valid, to any unauthorized person or for an unauthorized purpose;

11. Counterfeiting or altering any Allied Military Marks or any other currency, coin or stamps or having possession of or uttering any thereof, having reason to believe it to be false or altered; or having possession of or disposing of any property for use for any such purpose;

28. Inviting or conducting any member of the Allied Forces into a place designated "Off Limits" or "Out of Bounds", or supplying goods or services to such member in any such place;

29. Bribery, corruption or intimidation of any member of, or person acting under the authority of, the Allied Forces; receiving, or offering to receive, a bribe for non-performance of duty to the Allied Forces;

30. Obstructing or contravening any announced program or orders of the Military Government with respect to Allied prisoners of war or nationals of the United Nations in Germany, or assaulting, despoiling or without justification confining or otherwise infringing the rights of such prisoners or nationals;

31. Unauthorized possession, control or disposition of property belonging to the Allied Forces or to a member of the Allied Forces;

32. Destruction, concealment, unauthorized possession or dlsp0.5ltion of, or interference with, any ship, installation, plant, equipment or other economic asset or plans or records with respect thereto, required by' the Military Government;

33. Knowingly making any false statement, orally or in writing, to any member of, or person acting under the authority of, the Allied Forces in a matter of official concern; or in any manner defrauding, or refusing to give information required by Military Government;

3l False assumption of authority from the Allied Forces;

33

iTl

37.

wT?ngfuI possession or control of any part of an Allieduniform whether genuine or ralse:D:facement Or unauthorized removal of written orprtnted matter posted under authority of MilitaryGovernment; .Wilful destruction, alteration or concealment of anywork of art. monument or other cultural propertycreated by another;Promo~ing. aiding or attending any public gatheringfOf. 'YhlCh no permit has been granted, unless held forrelIgIOUS purposes or in the exercise of functionsauthortzed by the Allied Forces'Resisting arrest by a person acting under the authorityof the Allied Forces, or escaping from arrest or de-tention imposed under such authority'Aiding, or failing to report, any pers~n known to bewanted by the Allied Forces;Dissemination of any rumour calculated to alarm orexc!te the people or to undermine the morale of theAllIed Forces;Conduct hostile or disrespectful to the Allied Forcesor. to any of the United Nations;Imt!at.lng or carrying out any criminal prosecution,disClpl~na;ry .measure or any other form of punishmentor vlctfmlsation (including boycotting) against any per-so~ for co-operating with the Allied Forces or theMilitary Government-Acts to the prejudice' of good order or of the interestsof the Allied Forces or any member thereof.

35.

36.

38.

39.

40.

4l.

42.

43.

ARTICLE ill

Attempts, Conspira~s

w Anyone who attempts to commit, or conspires or agreesinith another to commit, any offense, or who advises assistsh ' .or procures the commission of any offenses ~r whoavmg1 knowledge of an alleged offense fails to 'report It

or lshassets an alleged offender to avoid arrest shall bepun able as a principal. '

ARTICLE IV

Collective Ffnes

The Btirgermeister or other principal representative of34

any community may be charged and tried as representingthe residents thereof with any offense for which such resi-dents or a substantial number thereof are alleged to becollectivelyresponsible, and in the event of his being con-victed of such offense in his representative capacity, andcollective responsibility being established, a collective finemay be imposed upon the ccmmumty.

ARTICLE V

Responsibility for Corporate Acts

Every director, official or employee of any incorporated orunincorporated company, society, or association, and everypartner or employee of a partnership, who in any suchcapacity, either alone or jointly with others, causes, directs,urges or votes in favour of an act or omission whichconstitutes an offense for which the company, society,association or partnership would be triable by a MilitaryGovernment Court, shall be liable therefor as though suchact or omission had been done or made in his individualcapacity.

ARTICLE VI

Defenses1. It shall be a good defense to any charge hereunder that

the offense charged was on act of legitimate warfare bya person entitled to the status of a combatant.

2. It shall not be a defense to any charge hereunder thatthe offense charged was committed under orders ofany civil or military superior or of any person purpor-ting to act as an official or member of the NSDAPor that the offense was committed under duress.

ARTICLE VII

Definitions1. The expression "Allied Forces" as used herein and, in

the absence of indication to the contrary, in Procla-mations, Laws, Ordinances, Notices or Orders of theMilitary Government, includes persons subject to milt-tary, naval, or air force law or to the jurisdiction ofBritish Naval Courts and who are serving under the

35

35.

wrongful possession or control of any part of an AllJed uniform whether genuine or false; Defacement or unauthorized removal of written or Printed matter posted under authority of Military

36.

37.

38.

39.

40.

41.

42.

43.

Government; · Wilful destruction, alteration or concealment of any work of art, monument or other cultural property created by another; Promoting, aiding or attending any public gathering for -.yhich no permit has been granted, unless held for relig101:15 purpases or in the exercise of functions authonzed by the Allied Forces· Resisting arrest by a person actlng under the authority of the Allied Forces, or escaping from arrest or detention imposed under such authority· Aiding, or failing to report, any pers~n known to be wanted by the Allied Forces· Dissemination of any rumo~r calculated to alarm or excite the people or to undermine the morale of the Allied Forces; Conduct hostile or disrespectful to the Allied Forces or to any of the United Nations; Initiating or carrying out any crinlinal prosecution disciplinary measure or any other form of punishment or victimisation <including boycotting) against any perso:1 for co-operating with the Allied Forces or the Military Government· Acts to the prejudice' of good order or of the interests of the Allied Forces or any member thereof.

ARTICLE m Attempts, Conspiracks

Any one who attempts to commit, or conspires or agrees :t~ranother to commit, any offense, or who advises, assists h ' . procures the commission of any offenses or who

aving knowledge of an alleged offense fails to 'report lt or ishassists an alleged offender to avoid arrest shall be pun able as a principal. '

ARTICLE IV

Collective ~s

The Btirgermeister or other principal representative of 34

any community may be charged and tried as representing the residents thereof with any offense for which such residents or a substantial number thereof are alleged to be collectively responsible, and in the event of his being convicted of such offense in his representative capacity, and collective responsibility being established, a collective fine may be imposed upon the community.

ARTICLE V

Responsibility for Corporate Acts

Every director, official or employee of any incorporated or unincorporated company, society, or association, and every partner or employee of a partnership, who in any such capacity, either alone or jointly with others, causes, directs, urges or votes in favour of an act or omission which constitutes an offense for which the company, society, association or partnership would be triable by a Military Government Court, shall be liable therefor as though such act or omission had been done or made in his individual capacity.

ARTICLE VI

Ikfenses

1. It shall be a good defense to any charge hereunder that the offense charged was on act of legitimate warfare by a person entitled to the status of a combatant.

2. It shall not be a defense to any charge hereunder that the offense charged was committed under orders of any civil or military superior or of any person purporting to act as an official or member of the NSDAP or that the offense was committed under duress.

ARTICLE VII

Definitions

1. The expression "Allied Forces" as used herein and, in the absence of indication to the contrary, in Proclamations, Laws, Ordinances, Notices or Orders of the Military Government, includes persons subject to military, naval, or air force law or to the jurisdiction of British Naval Courts and who are serving under the

35

~o~c~a~~ ~~ ~neySu:em;,_Comander, Allied E'xpedttionaryU it ' . 0 er Oommander of any forces of then ed NatIons. and any military formation or civilian

agency composed in whole or in part of such persons.2. The expression "enemy. forces" includes all persons,

Whether entdtled to belligerent status or not, who areengaged In armed resistance to the Allied Forces.

ARTICLE VIII

Effective Date

This Ordinance shall become effective upon the date ofits first promulgation.


36


SUPREME COMMANDER'S AREA OF CONTTOL

Ordinance No.2

MILITARY GOVERNMENTCOURTS

It being necessary to establish Military Courts for thetrial of offences against the interests of the Allied Forces,it is ordered:

ARTICLE I

Kinds of Military Courts

Military Government Courts in the occupied territoryshall be:

General Military CourtsIntermediate Military CourtsSummary Military Courts

ARTICLE II

Jnrisdiction

1. Military Government Courts shall have jurisdictionover all persons in the occupied territory except personsother than civilians who are subject to m11itary, naval orair force law and are serving under the command of theSupreme Commander, Allied Expeditionary Force. or anyother Commander of any forces of the United Nations.2. Military Government Courts shall have jurisdiction

over:a. All offences against the laws and usages of war.b. All offences under any proclamation, law, ordinance.

notice or order issued by or under the authority ofthe Military Government or of the Allied Forces.

c. All offences under the laws of the occupied territoryor of any part thereof.

37.r

command of the Supreme Comander, Allied Expeditionary Force, or of_ any other Commander of any forces of the United Nations, and any military formation or civilian agency compased in whole or in part of such persons.

2. The expression "enemy forces" includes all persons, whether entitled to belligerent status or not, who are engaged in armed resistance to the Allied Forces.

ARTICLE VIII

Effective Date

This Ordinance shall become effective upon the date of its first promulgation.


36


SUPREME COMMANDER'S AREA OF CONTTOL

Ordinance No. 2

MILITARY GOVERNMENT COURTS

It being necessary to establish Military Courts for the trial of offences against the interests of the Allied Forces, it is ordered:

ARTICLE I

Kinds of Military Courts

Military Government Courts in the occupied territor:, bhall be:

General Military Courts Intermediate Military Courts

Summary Military Courts

ARTICLE II

Jurisdiction

1. Military Government Courts shall have jurisdiction over all persons in the occupied territory except persons other than civilians who are subject to military, naval or air force law and are serving under the command of the Supreme Commander, Allied Expeditionary Force, or any other Commander of any forces of the United Nations.

2. Military Government Courts shall have jurisdiction over: a. All offences against the laws and usages of war. b. All offences under any proclamation, law, ordinance,

notice or order issued by or under the authority of the Military Government or of the Allied Forces.

c. All offences under the laws of the occupied territory or of any part thereof.

37

ARTIOLE ill

Powers of Sentence

3. a. A General Military Court may impose any lawfulsentence lncludfng death.

b. An Intermediate Military Court may impose anylawful sentence except death, or imprisonment inexcess of ten years, or fine in excess of ce 2,500-$ 10,000).

c. A Summary Military Court may impose any lawfulsentence except death, or imprisonment in excessof one year, or fine in excess of se 250-$ 1,000).

d. Within the limits of the powers given to the court,both a term of imprisonment and a fine may beimposed for the same offence, and a further termof Imprtronment within the powers of the courtmay be imposed in default of payment of the fine.

e. In addition to or. in lieu of sentence of fine, Im-prtsonment or death (within its powers), a MilitaryGovernment Court may make such orders withrespect to the person of the accused and the pro-perty, premises or business involved in the offenceas are appropriate and authortsed by the Rules ofMilitary Government Courts; and shall have powerto impound money or other objects, to grant bailand accept and _forfeit security therefor, to orderarrest, to compel the attendance and order thedetention of witnesses, to administer oaths, topunish for contempt, and such other powers as maybe necessary and appropriate for the due admi-nistration of justice.

f. Where an offence is charged under the laws of theoccupied territory or any part. thereof, the punish-ment which may be imposed shall not be limited tothe punishment provided by such laws.

ARTIOLE IV

Composition of Courts4. All members of the Military Government Courts shall

be officers of the Allied Forces.5. General Military Courts shall consist of not less than

than three members. Intermediate and Summary MilitaryCourts shall consist of one or more members.38

6. Advisors to sit with any court may be appointedeither by the Court itself or by an authority empoweredto appoint such class of court. They sh~l give the courtsuch advice and assistance as it may require but shall haveno vote.7. Clerks, interpreters, and other :per~ons necessary for

the conduct of proceedings, may be appointed by the court.

ARTIOLE Vbefore a Military8. Every accused

shall be entltled:-a. To have in advance of trial a copy of the chargesupon which he is to be tried.

b. To be present at his trial, to give evidence and toexamine or cross-examine any witness; but thecourt may proceed in the absence of the accusedif the accused has applied for and been grantedpermission to be absent, or if the accused is believedto be a fugitive from justice.

c. To consult a lawyer before trial and to conduct hisown defence or to be represented at the trial bya lawyer of his own choice, subject to the right ofthe court to debar any person from appearing beforethe court.

d. In any case in which a sentence of death may beimposed, to be represented by an officer of the AI~lied Forces, if he is not otherwise represented.

e. To bring With him to his trial such material wit-nesses in his defence as he may wish, or to havethem summoned by the court at his request, ifpracticable.

f. To apply to the court for an adjournment Wherenecessary to enable him to prepare his defence.

g. To have the proceedings translated, when he isotherwise unable to understand the language inwhich they are conducted.

h. In the event of conviction, within a time fixed bythe Rules of Military Government Courts to file a.petition setting forth grounds why the findings andsentence should be set aside or modified.

Government ccurt

ARTICLE VIReview

9. The record of every case in which a petition for

39

ARTICLE III

Powers of Sentence 3. a. A General Military Court may impose any lawful sentence including death.

b. An Intermediate Military Court may impose any lawful sentence except death, or imprisonment in excess of ten years, or fine in excess of (£ 2,500-$ 10,000). c. A Summary Military Court may impose any lawful sentence except death, or imprisonment in excess of one year, or fine in excess of (£ 250-$ 1,000). d. Within the limits of the powers given to the court, both a term of imprisonment and a fine may be imposed for the same offence, and a further term of imprirnnment within the powers of the court may be imposed in default of payment of the fine. e. In a.ddition to or in lieu of sentence of fine, imprisonment or death (within its powers), a Military Government Court may make such orders with respect to the person of the accused and the property, premises or business involved in the offence as are appropriate and authorised by the Rules of Military Government Courts; and shall have power to impound money or other objects, to grant bail and accept and forfeit security therefor, to order arrest, to compel the attendance and order the detention of witnesses, to administer oaths, to punish for contempt, and such other powers as may be nf'cessary and appropriate for the due administration of justice. f. Where an offence is charged under the laws of the occupied territory or any part. thereof, the punishment which may be imposed shall not be limited to the punishment provided by such laws.

ARTICLE IV Composition of Courts

4. All members of the Military Government Courts shall be officers of the Allied Forces. 5. General Military Courts shall consist of not less than than three members. Intermediate and Summary Military Courts shall consist of one or more members.

38

6. Advisors to sit with any court may be appointed either by the court itself or by an authority empowered to appoint such class of court. They shall give the court such advice and assistance as it may require but shall have no vote.

7. Clerks, interpreters, and other persons necessary for the conduct of proceedings, may be appointed by the court. ARTICLE V

s. Every accused before a Military Government C:,urt shall be entltled:-

a. To have in advance of trial a copy of the charges upon which he is to be tried. b. To be present at his trial, to give evidence and to examine or cross-examine any witness; but the court may proceed in the absence of the accused if the accused has applied for and been granted permission to be absent, or if the accused is believed to be a fugitive from justice. c. To consult a lawyer before trial and to conduct his own defence or to be represented at the trial by a lawyer of his own choice, subject to the right of the court to debar any person from appearing before

the court. d. In any case in which a sentence of death may be imposed, to be represented by an officer of the Allied Forces, if he is not otherwise represented. e. To bring with him to his trial such material witnesses in his defence as he may wish, or to have them summoned by the court at his request, if practicable. f. To apply to the court for an adjournment where necessary to enable him to prepare his defence. g. To have the proceedings translated, when he 1S otherwise unable to understand the language in which they are conducted. h. In the event of conviction, within a time fixed by the Rules of Mllitary Government Courts to file a petition setting forth grounds why the findings and sentence should be set aside or modified.

ARTICLE VI Review

9. The record of every case in which a. petition for 39

review is filed and of such other cases as shall be deter-mined in accordance with the Rules of Military Govern-ment Courts shall be reviewed by such officer Dr officersas may be designated for that purpose by or under theauthority of the Military Government.

10. The reviewing authority shall have power to set asideany finding of guilty, to suspend, reduce, commute or mo-dify the sentence, to order a new trial, and to make suchother orders as may be appropriate, but shall not set asidea finding of not guilty. The reviewing authority mayincrease the sentence in any case in which a petition ofreview has been filed which is considered to be frivolous,but shall not otherwise increase any sentence.

ARTICLE vnConfirmation of Death Sentences

11. No sentence of death shall be executed unless anduntil ccnfirmed in writing by the Supreme Commander,Allied Expeditionary Force or other head of the MilitaryGovernment for the time being, or such other officer ashe may designate. The confirming authority shall have withrespect to such sentence, all the powers of a reviewingauthority.

ARTICLE VIII

Rules12. Rules of Military Government Courts not incon-

sistent with this Ordinance prescribing the procedure ofsuch courts and the mode of exercise of the powers conferredmay be made, amended or supplemented by or under theauthority of the Supreme Commander, Allied ExpeditionaryForce, or other head of Military Government for the timebeing.

ARTICLE IXEffective Date

13. This Ordinance shall become effective upon the dateof the first promulgation.


CA/GL 37

40

MILITARY GOVERmmNT - GERMANY


Ordinance No, 3

OFFICIAL LANGUAGE1. The English language shall be the official language

within the above area of control in aU matters concerningthe Military Government.

2. All official pronouncements and all documents issuedor made by or under authority of the Supreme Commander,Allied Expeditionary Force, will be drawn in the Englishlanguage. If translations into German or any other languageare furnished, the English text shall, in every instance,prevail.

3. This Ordinance shall become effective on the date ofits first promulgation.


41

review is filed and of such other cases as shall be determined in accordance with the Rules of Military Government Courts shall be reviewed by such officer or officers as may be designated for that purpose by or under the authority of the Military Government.

10. The reviewing authority shall have power to set aside any finding of guilty, to suspend, reduce, commute or modify the sentence, to order a new trial, and to make such other orders as may be appropriate, but shall not set aside a finding of not guilty. The reviewing authority may increase the sentence in any case in which a petition of review has been filed which is considered to be frivolous, but shall not otherwise increase any sentence.

ARTICLE VII Confirmation of Death Sentences

11. No sentence of death shall be executed unless and until confirmed in writing by the Supreme Commander, Allied Expeditionary Force or other head of the Military Government for the time being, or such other officer as he may designate. The confirming authority shall have with respect to such sentence, all the powers of a reviewing authority.

ARTICLE VIII Rules

12. Rules of Military Government Courts not inconsistent with this Ordinance prescribing the procedure of such courts and the mode of exercise of the powers conferred may be made, amended or supplemented by or under the authority of the Supreme Commander, Allied Expeditionary Force, or other head of Military Government for the time being.

ARTICLE IX Effective Date

13. Tlus Ordinance shall become effective upon the date of the first promulgation.

CA/GL 37

40



Ordinance No. 3 OFFICIAL LANGUAGE

1. The English language shall be the official language within the above area of control in all matters concerning the Military Government.

2. All official pronouncements and all documents issued or made by or under authority of the Supreme commander, Allied Expeditionary Force, will be drawn in the English language. If translations into German or any other language are furnished, the English text shall, in every instance, prevail.

3. This Ordinance shall become effective on the date of its first promulgation.


41


NOTICESurrender of Firearms, Ammunition,Weapons, Carrier Pigeons and Radio

Sending Equipment

ARTICLE INotice is hereby given that all firearms including shotguns.

ammunition and explosives, and all other weapons, of anykind, must be surrendered immediately:

To ..

At _ .

ARTICLE IINotice is hereby given that all wireless transmission sets

and parts and accessories thereof must be surrendered im-mediately:

To ..

At .

ARTICLE IIINotice is hereby given that all carrier pigeons must be

surrendered immediately:

To __ .At

ARTICLE IVAny person violating the provisions of this Notice shall

upon conviction by Military Government Court be liable toany lawful punishment including death as the court maydetermine.

BY ORDER OF MILITARY GOVERNMENT.CAIGI 3

42


NOTICEDeclaration of Radio Receiving Sets,

Telephone, Telegraph and Electro-MedicalApparatus

ARTICLE I

Notice is hereby given that all radio receiving sets, partsor accessories thereof and all telephone or telegraph wireor facilities for the installation. maintenance or repair ofradio, wireless. telephone. teletype or telegraph apparatusmust be declared immediately:

To.

At.

ARTICLE II

Notice is hereby given that all electro-medical equipmentor diathermy apparatus must be declared immediately:

To.

At.

ARTICLE III

Violations of these orders are punishable by a MilitaryGovernment Court.


43


NOTICE Surrender of Firearms, Ammunition, Weapons, Carrier Pigeons and Radio

Sending Equipment

ARTICLE I Notice is hereby given that all firearms including shotguns,

ammunition and explosives, and all other weapoDB, of any kind, must be surrendered immediately:

To .. ............................................................................... .

At .................................................. ·······················

ARTICLE II Notice is hereby given that all wireless transmission sets

and parts and accessories thereof must be surrendered immediately:

To .................... ......................... .................................... .

At .................................. ............................................... .

ARTICLE m Notice 1s hereby given that all carrier pigeoDB must be

surrendered immediately:

To ...................... .... .............. ......................................... .

At ................................................................................. .

ARTICLE IV Any person violating the provisions of this Notice shall

upon conviction by Military Government Court be liable t.o any lawful punishment including death as the court may determine.

CA/GI 3

42



NOTICE Declaration of Radio Receiving Sets,

Telephone, Telegraph and Electro-Medical Apparatus

ARTICLE I

Notice is hereby given that all radio receiving sets, parts or accessories thereof and all telephone or telegraph wire or facilities for the installation, maintenance or repair of radio, wireless, telephone, teletype or telegraph apparatus must be declared immediately:

To ..... ... ......... ........................................ ............ ............ .

At ................. ................................ .............................. .

ARTICLE II

Notice is hereby given that all electro-medical equipment or diathermy apparatus must be declared immediately:

To ............................................................ ........ .

At .. ...................... ....................... ... .................. .

ARTICLE III

Violations of these orders are punishable by a Military Government Court.



NOTICECurfew

Until further notice no person within

will be permitted

to circulate on the streets or outside his own house without

a permit of Military Government

Any persons found in the streets without such permitduring prohibited hours will be punished by fine or im-prisonment.All persons are further warned that military guards are

instructed to shoot any persons seen outside their housesduring prohibited hours who attempt to hide or escape.

BY ORDER OF MILITARY GOVERNME!'o'T.

MILITARY GOVERNMENT - GERMANYSUPRE~IE COMMANDER'S AREA OF CONTROL

NOTICEMovement of Persons

ARTICLE I

'I'ravel Restrictions

No person shall travel beyond the limit of *

without a permit from the Military Government Officer at

or his authorized subordinate.

ARTICLE II

Penalties·

Any per-:o~ violating the provisions of this Notice shallupon conviction by Military Government Court be liableto any la~ul punishment other than death as the courtmay determine.


,. Here insert trave~ limitation specifying distance fromhom~ or place of business or the area to which travel isconfined.

CA/GI 25

45



NOTICE Curfew

Until further notice no person within

.......... ..... ........ .. ..... ...... ..... .. ..... .. .. . . .... .. ..... .. .. .... .. ...... will be permltteci

to circulate on the streets or outside his own house without

a permit of Military Government ............... ... ... ...................... ... . .

Any persons found in the streets without such permit during prohibited hours will be punished by fine or imprisonment.

All persons are further warned that military guards are instructed to shoot any persons seen outside their houses during prohibited hours who attempt to hide or escape.




NOTICE Movement of Persons

ARTICLE I

Travd Restrictions

No person shall travel beyond the limit of •

. ... ...... , ... ...... .... . , .... . .......................... ...... .. ......... . .... .................. ... .......... ..........

without a permit from the Military Government Officer at

or his authorized subordinate.

ARTICLE II

Penalties

Any per~o1: violating the provisions of this Notice shall upon conv1ct1on by Military Government Court be !!able to any lawf_ul punishment other than death as the c0urt may determme.


* Here insert travel limitation specifying distance from hom~ or place of business or the area to which trav1;I ts confmed.

CA/GI 25

45

MILITARY GOVERNMENT _ GERMANY


NOTICEThls buJldlng

is closed to the public until further notice.


D.L. G.344

46

MILITARY GOVERNMENT OF GERMANY

GERMAN POLICE DIRECTIVE1. All ranks of the Ordnungspolizei and Krimlnalpollzet

will continue to maintain law and order and enforce ~yordinances, regulations and orders issued by the Mll1t;a.ryCommander. They will not enforce or permit to be enforcedany German laws, rules or regulations that are in anymanner prejudical to the Military Forces or are abrogatedby Proclamations. Ordinances or orders.2. All units and offices of the Ordnungspolizei and the

Kriminalpolizel will continue to function under their presentoperational and administrative controls except insofar asthese controls are modified in the following paragraphs.3. The following offices are abolished by order of the

Military Government:a. Relchsftihrer SS u. Chef der deutschen Pollsef.b. Hahere SS u, Polizeifi.ihrer.c. InspekteurejBefehlshaber der Sicherheitspolizei unddes Sicherheitsdienstes der SS.

d. Inspekteure/BefehIshaber der Ordnungspolize1.4. The geheime Staatspolizei and the Sicherheitsdienst

der S8 are abolished. The German police will cease forth-With aU activities presently being carried out under in-structions from these organizations.5. All police officers on the staff of Landespollzelbshdrdenexcept the Kommandeure der Gendarmerie and the seniorofficer of a Wasserschutzpolizei district, will cease to exer-cise any operational control over police units. The operationand control of the Gendarmerie and the Wasserschutzpolizeiwill continue as at present. All these officers, including theheads of Gendarmerie and Wasserschutzpolizei, will placethemselves under the orders of the heads of the own ad-ministration in their districts, Whom they will assist astechnical advisers in the general administration of thepolice forces.6. The operatIonal control of all units of the Ordnunga-

polizei, other than the Gendarmerie, Wasserschutzpolizeland the Verkehrskompanien (Mot) e.b.v. is hereby gIven tothe Head of the CIvll AdministratIon of the Kreis in whichthey are located: in the case of a Staatliche PolizeiverwaI-tung the Polizeipriisident/POlizeidirektor will place himself

47


NOTICE This building

Is closed t-0 the public until further notice.

BY ORDER OF MILITARY GOVERNMKNT,

D.L. G.344

46


GERMAN POLICE DIRECTIVE 1. All ranks of the Ordnungspolizei and KriminalJ)011zei will continue to maintain law and order a.nd enforce '.Uly ordinances, regulations and orders issued by the M1lit.a.ry Commander. They will not enforce or permit to be enforced any German laws, rules or regulations that are in any manner prejudical to the Military Forces or are abrogated by Proclamations, Ordinances or Orders. 2. All units and offices of the Ordnungspolizei and the Krlminalpolizei will continue to function under their present operational and administrative controls except insofar as these controls are modified in the following paragraphs. 3. The following offices are abolished by order of the Military Government:

a. Reichsftihrer SS u. Chef der deutschen Pollzei. b. Hohere SS u. Polizeifilhrer. c. InspekteurejBefehlshaber der Sicherheltspolizei und des Sicherheitsdlenstes der SS. d. InspekteurefBefehlshaber der Ordnungspolizei.

4. The gehelme Staatspolizei and the Sicherheltsdienst der SS are abolished. The German police will cease forthwith all activities presently being carried out under instructions from these organizations. 5. All police officers on the staff of Landespollzeibehorden except the Kommandeure der Gendarmerie and the senior officer of a Wasserschutzpolizei district, will cease to exercise any operational control over police units. The operation and control of the Gendarmerie and the Wasserschutzpollzet will continue as at present. All these officers, including the heads of Gendarmerie and Wasserschutzpollzel, will place themselves under the orders of the heads of the civil administration in their districts, whom they will assist as technical advisers in the general administration of the police forces. 6. The operational control of all units of the Ordnungspolizel, other than the Gendarmerle, Wasserschutzpolizei and the Verkehrskompanien (Mot) z.b.V. is hereby given to the Head of the Civll Administration of the Kreis in which they are located: in the case of a Staatliche Poll2.eiverwaltung the Pollzeiprasldent/Pollzeidirektor will place himself

47

under the orders of the OberbUrgermeisterjBiirgermeister forboth operational and administrative control of the policeforces in his charge. and will conduct all future policebusiness with higher government levels through the Ober-btirgermeisterjBtirgermeister.7. The Verkehrskompanien (Mot) ab.v. will concentrate

at their Zug headquarters (Hannover and stuttgart) andwill be controlled operationally from the national levelthrough the Landespohzetbehorden of Regterungsbezirk Han-nover and Land Wtirttemberg respectively.8. The Leltstellen and Stellen of the Kriminalpolizei

are placed under the operational control of the Polizei-prastdent/Poltzeldlrektcr of the Stadtkreise where they arelocated. They will continue to cover all major criminal andspecial police investigations in their allotted dtstrtcts (zn-standigkeltsgeblete) , but the work will be operationallysupervised by the local Chiefs of Pollce or Kommandeureder Gendarmerie in their respective areas.9. The Regierungsprazldenten of frontier districts and

the Oberbiirgermeister/Biirgermeister of frontier towns willassume forthwith responsibility for the security of the fran.tiers with the Gendarmerie and Schutzpolizet forcesrespectively at their disposal.10. Nothing in this directive will be considered as giving

the German Police any authority over members of theArmed Forces of the United Nations, or of persons officiallyattached thereto.

BY ORnER OF MILITARY GOVERNMENT.

MGjPS/G/l

48


INSTRUCTIONS TO CHIEFS OFGERMAN POLICE AGENCIES

1. You will maintain law and order and enforce anyordinances, regulations and orders issued under the authori-ty of the United Nations.2. You will not enforce or permit to be enforced any

German laws, rules or regulations that are in any mannerprejudicial to the Mllitar~' Forces or are abrogated by anyMilitary Proclamations, Ordinances or Orders. but you willcontinue to enforce all other German laws.3. You are no longer under the control of nor will you

take orders from superior German police officials. You willbe under the control of the chief civil administrative officerin your jurisdiction. This will be the Reglerungaprasidentor equivalent civil administrative official in the case of thecommander of the Gendarmerie and the Oberbtirgermelsterin the case of the Staatliche Polizeiverwalter. The require-ments of the Military Commander will be transmitted toyou through German civil administrative channels or directlyby the MG Public Safety Officer. You will also receiveorders from the MG Public Safety Officer relating to themanner in which you will execute orders and directivesreceived from higher authority.4. You will immediately notify the head of any Kri-

minalpclizei Lettsteue. Stelle and Abteilung at presentattached to your office that he is no longer under thecontrol of nor will he take orders from superior GermanSecurity Police officials, but that he is under your com-mand and complete control. Under your direction he wlllcontinue criminal investigative actdvittes Within his areain the same manner as at present.5. You are responsible for border control where your

jurisdiction coincides in any manner with the frontiers ofGermany, and you will follow the instructions of CounterIntelligence branches of the occupying armies in referenceto border control. You will seize and use the equipment ofany border control organization within your jurisdiction.6. You Will, upon request, give assistance to Counter

4!l

under the orders of the Oberblirgermelster/Btirgermelster for both operational and administrative control of the police forces in his charge, and will conduct all future police business with higher government levels through the Oberbtirgermeister /Blirgermeister.

7. The Verkehrskompanien (Mot) z.b.V. will concentrate at their Zug headquarters (Hannover and Stuttgart) and will be controlled operationally from the national level through the Landespolizeibehorden of Regierungsbezirk Hannover and Land Wtirttemberg respectively.

8. The Leitstellen and Stellen of the Kriminalpolizei are placed under the operational control of the Polizeiprasident/Polizeidirektor of the Stadtkreise where they are located. They will continue to cover all major criminal and special police investigations in their allotted districts (Zustandigkeitsgebiete), but the work will be operationally supervised by the local Chiefs of Police or Kommandeure der Gendarmerie in their respective areas.

9. The Regierungsprasidenten of frontier districts and the Oberbtirgermeister/Btirgermeister of frontier towns will assume forthwith responsibility for the security of the frontiers with the Gendarmerie and Schutzpolizei forces respectively at their disposal.

10. Nothing in this directive will be considered as giving the German Police any authority over members of the Armed Forces of the United Nations, or of persons officially attached thereto.


MG/PS/G/1

48


INSTRUCTIONS TO CHIEFS OF GERMAN POLICE AGENCIES

1. You will maintain law and order and enforce any ordinancrs, regu!ations and orders issued under the authority of the United Nations.

2. You will not enforce or permit to be enforced any German laws, rules or regulations that are in any manner prejudicial to the Military Forces or are abrogated by any Military Proclamations, Ordinances or Orders, but you will continue to enforce all other German laws.

3. You are no longer under the control of nor will you take orders from superior German police officials. You will be under the control of the chief civil administrative officer in your jurisdiction. This will be the Re5ierungsprasident or equivalent civil administrative official in the case of the commander of the Gendarmerie and the Oberbtirgermeister in the case of the Staatliche Polizeiverwalter. The requirements of the Military Commander will be transmitted to you through German civil administrative channels or directly by the MG Public Safety Officer. You will also receive orders from the MG Public Safety Officer relating to the manner in which you will execute orders and directives received from higher authority.

4. You will immediately notify the head of any Kriminalpolizei Leitstelle, Stelle and Abteilung at present attached to your office that he is no longer under the control of nor will he take orders from superior German Security Police officials, but that he ls under your command and complete control. Under your direction he will continue criminal investigative activities within his area in the same manner as at present.

5. You are responsible for border control where your jurisdiction coincides in any manner with the frontiers of Germany, and you will follow the instructions of Counter Intelligence branches of the occupying armies in reference to border control. You will seize and use the equipment of any border control organization within your jurisdiction.

6. You wlll, upon request, give assistance to Counter

49

Intelligence, Military Police and other members 01 theMilitary Forces.

7. You will complete the attached Police Situation Reportin triplicate and return 2 copies to MG Headquarters within24 hours of receipt of these instructions.

8. You will, within 24 hours, deliver to the MG PublicSafety Officer a duplicate of the Civil Defence SituationReport and a duplicate list of the following informationrelating to each Civil Defence agency under your control:

a. Services which the organization is prepared toperform.

b. Methods of mobilisation and operation.c. A detailed descriptive list of installations and

equipment, indicating present location, purpose,onwership and serviceability.

9. You will within 3 days deliver to the MG PublicSafety Officer a Fragebogen properly filled in by yourselfand each member of your force.

10. You will complete the attached Personnel Form inquadruplicate and return 3 copies to MG Headquarterswithin 24 hours of receipt of these instructions listing per-sonnel at present on active duty. Separate lists Will be madeof auxiliary police, and of the members of any independentpolice, civil defence and other agencies under your super-vision or control. The column headed "Party Affiliations"will be used to indicate those who are now, or ever were,members of the Nazi Party or its formations, affiliated orsupervised org-anizations. Personnel at present absent rrcmduty will be listed separately on this form, recording thedate of origin and reason for absence in right-hand column.

11. You will, on the first day of each month, submitto MG Headquarters two copies of the Personnel Formlisting members of police agencies under your supervisionWho have been appointed or who have ceased to serve sincethe last report.

12. You will, within 7 days after the receipt of theinstructions, deliver to MG Headquarters three copies ofPersonnel Form listing members of the police force whohave left the service since 1 Jan. 1933, with the reason forthe cessation of service listed in the right-hand column.

13. You will, within 24 hours, submit a preliminary listof the names and addresses of the following' categories of5C

persons in your jurisdiction and you will submit supple-ments until the lists are complete:

a. Dismissed civil servants of the superior service.b. Dismissed members of professional and business

organizations.c. Dismissed teachers of universities and schools.d. Former trade union leaders.e. Jews, listing their professions.f. Clergymen, listing their denominations.g. Leaders of former parties who have remained in

resistance to the Nazis.h. Leaders of anti-Nazi groups which may have formed

since surrender.14. You will immediately arrest all members of your

force who have destroyed records, permitted prisoners toescape, released any prisoners, wanted by the MilitaryForces, granted any leave of absence to subordinates inviolation of orders or committed acts since surrender preju-dicial to the interests of the United Nations. A separate anddetailed report on each will be submitted to the PublicSafety Officer.

15. You will submit to the Public Safety Officer within24 hours a list in duplicate of all native or foreign Nazileaders in your jurisdiction. Supplementary reports will beSUbmitted as other Nazi leaders are discovered.

16. You will detain forthwith the following police officialsfound in your jurisdiction and release them to the CounterIntelligence branch of the United Nations Forces:

a. AU Police Presidents and Directors.b. AU members of the Gestapo and Btcherheltadlenst

der S8.c. Verwaltungspolizei who are serving with the Gestapo

either in their headquarters or as special Investigators.d. All officers of the Order- or Criminal Police above

the rank of Lieutenant Colonel or equivalent.e. All police who have held commissions as officers

of the SS, SA. NSKK, or NSFK, or who have heldoffice in the NSDAP with the rank of Ortagruppen-leiter or above or in the Hitler dugend with the rankof Bannftihrer or above.

f. Such other persons as may be designated by CounterIntelligence or Military Government.

17. You will immediately report to the Public Safety

51

Intelligence, Military Police and other members of the Military Forces.

7. You will complete the attached Police Situation Report in triplicate and return 2 copies to MG Headquarters within 24 hours of receipt of these instructions.

8. You will, within 24 hours, deliver to the MG Public Safety Officer a duplicate of the Civil Defence Situation Rfport and a duplicate list of the following information relating to each Civil Defence agency under your control:

a. Services which the organization is prepared to perform.

b. Methods of mobilisation and operation. c. A detailed descriptive list of installations and

equipment, indicating present location, purpose, onwership and serviceability.

9. You will within 3 days deliver to the MG Public Safety Officer a Fragebogen properly filled in by yourself and each member of your force.

10. You will complete the attached Personnel Form in quadruplicate and return 3 copies to MG Headquarters within 24 hours of receipt of these instructions listing personnel at present on active duty. Separate lists will be made of auxrnary police, and of the members of any independent police, civil defrnce and other agencies under your supervision er control. The column headed "Party Affiliations" will be used to ind:cate those who are now, or ever were, members cf the Nazi Party or its formations, affiliated or supervised org-anizations. Personnel at present absent from duty will be listed separately on this form, recording the date of origin and reason for absence in right-hand column.

11. You will, on the first day of each month, submit to MG Headquarters two copies of the Personnel Form listing members of police agencies under your supervision who have been appointed or who have ceased to serve since the last report.

12. You will, within 7 days after the receipt of the instructions, deliver to MG Headquarters three copies of Personnel Form listing members of the police force who have left the service since 1 J an. 1933, with the reason for the cessation of service listed in the right-hand column.

13. You will, within 24 hours, submit a preliminary list of the names and addresses of the following categories of 50

persons in your jurisdiction and you will submit supplements until the lists are complete:

a. Dismissed civil servants of the superior service. b. Dismissed members of professional and business

organizations. c. Dismissed teachers of universities and schools. d. Former trade union leaders. e. Jews, listing their professions. f. Clergymen, listing their denominations. g. Leaders of former parties who have remained in

resistance to the Nazis. h. Leaders of anti-Nazi groups which may have formed

since surrender. 14. You will inunediately arrest all members of your

force who have destroyed records, permitted prisoners to escape, released any prisoners, wanted by the Military Forces, granted any leave of absence to subordinates in violation cf orders or committed acts since surrender prejudicial to the interests of the United Nations. A separate an1 detailed report on each will be submitted to the Public Safety Officer.

15. You will submit to the Public Safety Officer within 24 hours a list in duplicate of all native or foreign Nazi lraders in your jurisdiction. Supplementary reports will be submitted as other Nazi leaders are discovered.

16. You will detain forthwith the following police offici9.ls found in your jurisdiction and release them to the Counter Intelligence branch of the United Nations Forces:

a. All Police Presidents and Directors. b. All members of the Gestapo and Sicherheitsdienst

der SS. c. Verwaltungspolizei who are serving with the Gestapo

either in their headquarters or as special investig1tors. d. All officers of the Order- or Criminal Police above

the rank of Lieutenant Colonel or equivalent. e. All police who have held commissions as officers

of the SS, SA, NSKK, or NSFK, or who have held office in the NSDAP with the rank of Ortsgruppenleiter or above or in the Hitler Jugend with the rank of Bannftihrer or above.

!. Such other persons as may be designated by Counter Intelligence or Military Government.

17. You will inunediately report to the Publlc Safety

51

Officer full infonnation concerning persons placed in yourcustody by military personnel or arrests made by yourpolice pursuant to the instructions contained in paragraph16 or for violation of any proclamations, ordinance or otherorder issued by or on behalf of the Military Command,using the Arrest Report Form for this purpose.lB. You will require each ponce officer to carry Arrest

Report Forms and you will provide supplies of such formsin all police stations.19. You will request military personnel who deliver a

prisoner into your custody to complete an Arrest ReportForm in duplicate. Non-compliance by military personnelwill be reported at once to the MG Public Safety Officer.20. You will SUbmit a da-ily list of prisoners held for

more than 3 days against whom charges have not beenfiled and those being held for security reasons, showingafter each name the number of days held, the reason fordetention, and whether the arrest was by your police orby military personnel.21. You will submit daily summaries of major crimes,

and report promptly all actual or threatened disorders andother incidents of interest to the Military Forces. includ-ing copies of complaints and investigation reports of offencesinvolving military personnel and property.22. You will submit copies of such daily, weekly, monthly

or annual statistical reports as are customarily compiled byyour force, and you wil11nclude therein summaries of arrestsmade pursuant to instructions in paragraph 16 and forviolations of proclamations, ordinances or other ordersissued by or on behalf of the United Nations Mi11tary COm-mand.23. You will prepare MG Warrants for aU members

of your force, and submit them to the Public Safety Of-ficer for approval and signature.24. You will issue an armlet to each member of your

force who receives a warrant, but to no others.25. You will require all members of your force to wear

armlets at all times when in uniform.26. You will recover both armlet and warrant from each

person who ceases to serve as a police officer. The warrantwith date and circumstances of cessation of service shallbe delivered to the Public Safety Officer within 24 hours.52

27. You will remove 'from members of your force allarms except pistols, revolvers, truncheons, tear gas and20 rounds of ammunition per gun. Gendarmes and personsassigned to border control w1ll be permitted to carry carbines.All other weapons and ammunition will be stored in a.secure place under lock and all keys will be delivered tothe Public Safety Officer.28. You will receive. label, store, and issue a. receipt for

articles surrendered in accordance with military orders andordinances.

29. You will not permit any member of your force towear a Nazi uniform or insignia nor to render the Nazisalute.

30. All leaves of absence wlll be cancelled and no leavesexcept for disability will be granted until further· order.31. You will recruit on a temporary basis persons

acceptable to Military Government and train them asauxiliary or regular police in sufffc.ent numbers to reestablishyour police organization in proper strength and efficiency..3~. You will take charge of police schools in your juris-diction, arrest personnel listed in Pa:r. 16, order the re-~aining student body to return to their respective forces or,if not members of some police establishment, you will attachthem to your force for investigation and final disposition.The remaining faculty and administrative personnel will betemporarily attached to your force to be used in safeguardingthe Scho?l property.and equipment and in providing tempo-rary training pending the reorganization of the Germanpolice training system.

~~. Y0;.t will immediately remove Nazi ideology andmIllt~ry mstruction from any current or projected policetraining programme.

3~. Yeu will immediately institute throughout your juris-dlctdon patrols adequate to maintain law and order. Youwill place under police guard vulnerable military or civilianstores and equipment not guarded by Military Forces, andtake steps to protect cultural treasures in your jurisdiction.You Will, within 24 hours, submit to the MG PUblic SafetyOfficer a list of such places. You will obtain permissionfrom the MG Public Safety Officer before such guards arediscontinued.35. You will immediately place under police guard

53

Officer full information concerning persons placed in your custody by military personnel or arrests made by your police pursuant to the instructions contained in paragraph 16 or for violation of any proclamations, ordinance or other order issued by or on behalf of the Military Command, using the Arrest Report Form for this purpooe.

18. You will require each police officer to carry Arrest Report Forms and you will provide supplies of such forms in all police stations.

19. You will request military personnel who deliver a prisoner into your custody to complete an Arrest Report Form in duplicate. Non-compliance by military personnel will be reported at once to the MG Public Safety Officer.

20. You will submit a daily list of prisoners held for more than 3 days against whom charges have not been filed and those being held for security reasons, showing after each name the number of days held, the reason for detention, and whether the arrest was by your police or by military personnel.

21. You will submit daily summaries of major crimes, and rfport promptly all actual or threatened disorders and other incidents of interest to the Military Forces, including copies of complaints and investigation reports of offences involving military personnel and property.

22. You will submit copies of such daily, weekly, monthly or annual statistical reports as are customarily compiled by your force, and you will include therein summaries of arrests made pursuant to instructions in paragraph 16 and for violations of proclamations, ordinances or other orders issued by or on behalf of the United Nations Military Command.

23. You will prepare MG Warrants for all members of your force, and submit them to the Public Safety Officer for approval and signature.

24. You will issue an armlet to each member of your force who receives a warrant, but to no others.

25. You will require all members of your force to wear armlets at all times when in uniform.

26. You will recover both armlet and warrant from each person who ceases to serve as a police officer. The warrant with date and circumstances of cessation of service shall be delivered to the Public Safety Officer within 24 hours. 52

27. You will remove from members of your force all arms except pistols, revolvers, truncheons, tear gas and 20 rounds of ammunition per gun. Gendarmes and persons assigned to border control will be permitted to carry carbines. All other weapons and ammunition will be stored in a secure place under lock and all keys will be delivered to the Public Safety Officer.

28. You will receive, label, store, and issue a receipt for articles surrendered in accordance with military orders and ordinances.

29. You will not permit any member of your force to wear a Nazi uniform or Insignia nor to render the Nazi salute.

30. All leaves of absence will be cancelled and no leaves except for disability will be granted until further order.

31. You will recruit on a temporary basis persons acceptable to Military Government and train them as auxiliary or regular police in suffic:ent numbers to reestablish your police organization in proper strength and efficiency.

32. You will take charge of police schools in your jurisdiction, arrest personnel listed in Pa.r. 16, order the re!llaining student body to return to their respective forces or, if not members of some police establishment, you will attach them to your force for investigation and final disposition. The remaining faculty and administrative personnel will be temporarily attached to your force to be used in safeguarding the scho?l property and equipment and in providing temporary traming pending the reorganization of the German police training system.

~~- You will . immediately remove Nazi ideology and m1I_1t~ry instruction from any current or projected police trammg programme.

3~. Ycu will immediately institute throughout your jurisdiction patrols adequate to maintain law and order. You will place under police guard vulnerable military or civilian stores and equipment not guarded by Military Forces, and take steps to protect cultural treasures in your jurisdiction. You will, within 24 hours, submit to the MG Public Safety Officer a list of such places. You will obtain permission from the MG Public Safety Officer before such guards are discontinued.

35. You will immediately place under police guard

53

records and equipment of the SD, Gestapo, and offices ofthe HSS and PF and SUbordinate 1nspectorates withinyour jurisdiction.

36. You w1ll place under police guard governmentaloffices and records whenever threatened disorders jeopardizetheir safety and preservation.

37. You wUl notify the MG Publlc Safety Offlcer atonce of Violations of law by Military Personnel. You willinstruct the members of your force that they do not haveany jurisdiction or authority over, nor are they to arrest,trail or question members of the M1l1tary Forces. Germanpolice, however, may request information and assistancefrom members of the United Nations Forces.

38. You will give particular attention to:a. The apprehension and prosecution of looters, rioters,

black market operators and pimps and prostitutesoperating in contravention of local laws or Mili-tary Ordinances and forgers of ration cards andMG documents and currency.

b. The recovery of looted goods.c. The control of German refugees and assistance in

the control of displaced persons who are nationalsof other countries.


MGfPS/G/i

records and equipment of the SD, Gestapo, and offices of the HSS and PF and subOrdlnate Inspectorates within your jurisdiction.

36. You will place under police guard governmental offices and records whenever threatened disorders jeopardize their safety and preservation.

'n. You will notify the MG Public Safety Officer at -once of violations of law by M111tary Personnel. You will instruct the members of your force that they do not have any jurisdiction or authority over, nor are they to arrest, trail or question members of the Military Forces. German pollce, however, may request information and assistance from members of the United Nations Forces.

38. You wlll give particular attention to:

H

a. The apprehension and prosecution of looters, rioters, black market operators and pimps and prostitutes operating in contravention of local laws or Military Ordinances and forgers of ration cards and MG documents and currency.

b. The recovery of looted goods. c. The control of German refugees and assistance in

the control of displaced persons who are nationals of other countries.


14.G/PS/G(J

Documents

MILITARY GOVERNMENTmoses.law.umn.edu/transitional-justice/pdfs/Military... · 2017-09-20 · MILITARY GOVERNMENT - GERMANY SUPREME COMMANDER'S AREA OF CONTROL Law No.1 ABROGATION