March 11, 1947
TEXT
of the JOINT MEMORANDUM RESULTING FROM THE FRENCH-AMERICAN NEGOTIATIONS CONCERNING THE RELEASING AND REPATRIATION OF PRISONERS OF WAR
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Following the negotiations which have taken place in Paris between an American delegation and a French delegation concerning the repatriation and releasing of German prisoners of war which were captured by the American armed forces and transferred by the latter to the French government, the two delegations have reached agreement on the following points:
1°) - Repatriation -
A. The program for repatriations involves both the German prisoners transferred by the American authorities to France as well as those who have been directly captured by French forces.
B. The tempo of repatriating 12,000 prisoners of war monthly which commenced January 1, 1947 will be increased to 20,000 per month commencing March 1, 1947, which latter figure must be considered as an average minimum. The French government shall determine the order of repatriations and shall inform the American government of it.
The above number of 20,000 men has been computed taking into account the present reduction in French rail transport, primarily to lack of coal.
In consideration of the desire expressed by the American government to see the repatriation process terminated by October 1, 1947 as to prisoners captured by the American army and transferred by it to the French authorities, the French government will endeavor to increase this number as soon as possible.
The two governments will periodically examine the situation in this respect.
C. The technical details of the repatriations shall be those provided in the Memorandum attached.
2°) - Local Release -
In accordance with the formal request expressed by the French government resulting from its vital needs for workers, the following provisions have been accepted by the United States government.
A. The French government forecasts a monthly tempo of 25,000 men for local release as a result of an option program.
The tempo indicated above is fixed with an eye to obtaining experience and for a period limited to the first phase of said program.
B) The option program involves both the German prisoners transferred by the American authorities to France and those which were captured directly by the French forces. Both groups shall be equally entitled to the benefits of the program.
C) On a date in the very near future and at the latest in April 1947, the French government will offer to the totality of German prisoners under its control (with the exception of certain special categories) the choice between a status as a voluntary foreign worker and that of prisoner of war.
D) When this choice is offered to the German prisoners, each of them will be fully informed by the French government on the one hand, the conditions relating to the status of free worker, and on the other hand, the approximate date by which he will be repatriated if he wishes not to take advantage of that status but remain a prisoner of war.
E) Each prisoner of war shall have up to a maximum of three months to make his decision known.
Twice a month the French military authorities will send to the International Committee of the Red Cross [ C.I.C.R.] a list of the prisoners of war who have opted to transform their status into that of free workers.
Each prisoner of war will have a new period of six weeks from the date of his decision to lodge , either with the French military authorities or with the C.I.C.R., any possible complaint regarding the freedom of his decision.
F) As the results of the conferences become known, the French government will convey on those volunteers selected by it the benefits and advantages of local release, in accordance with the tempo indicated in paragraph A) above.
The situation with regard to the option program will be examined periodically by the two governments.
G) Each prisoner of war who has opted for the status of free worker in France will be freed by the French authorities when he has been approved by such authorities. He will then receive his work contract, his identity card and a military certificate of release.
H) The French government will furnish monthly to the American military authorities and to the C.I.C.R. a list of prisoners of war who have been released pursuant to the conditions of paragraph G) above.
I) The French government will continue to recognize the C.I.C.R. and its its agents a role corresponding to that of Protecting Power in the protection of the interests of the prisoners of war and the former prisoners released in conformity with the provisions of paragraphs E), F) and G) above.
Specifically, the C.I.C.R. will have every latitude to carry out investigations with a view to verifying the conditions of the option program and the circumstances under which an option will have been elected.
The result of such investigations will be reported by the C.I.C.R. to the American and the French authorities.
J)The American government has informed the French government that its responsibility, concerning the prisoners of war captured by American troops, as such is established under the Geneva Convention, will cease on the date the prisoner is given a military certificate of release.
The French government has taken note of such declaration.
K) The prisoners of war who shall not have opted, who shall not have been approved by the French government or who shall not have signed the [work] contract shall be repatriated in conformity to the general plan established by the French government.
3.) The two governments will mutually communicate to each other any and all observations to which application of the above program may give rise, and, in the event, shall make such modifications to it as may become recognized as necessary.
(s[ign]) TEITGEN (s[ign]) CAFFERY
