No. 145 (October 5, 1948)
Excerpts from official instructions , pp. 30- PDF (2.5 MB)
EXCERPTS TAKEN FROM OFFICIAL INSTRUCTIONS TRANSFER OF PRISONERS The director of the Legal Division, OM-GUS, may order the transfer of any prisoner sentenced by a US Military Government Court and confined in a prison or other place of confinement, to any appropriate prison or place of confinement in the US area of control which he may designate whenever in his opinion: the prison or other place where the prisoner is confined is rot adequate to insure his safekeeping or, the life, health or personal safety of the prisoner may be endangered by continued confinement in that prison or place. - From OMGUS hetter AGO10.6 (CO), Sept. 2, concerning change in MGR Title 5. UNSATISFACTORY MESSAGES All subordinate EUCOM commanders are directed to select each week from the written messages originating in their commands three messages which are considered by the commander to be lacking in clarity, brevity and essentiality. The selected messages will be brought to the attention of the writer and the writer will be instructed how to improve the message. - From EUCOM Cir 77. REQUISITIONING SUPPLIES Drastic reductions in the staffs of state OMG's necessitate changes in the procedure for requisitioning of supplies and services by the 1S occupation forces front the German econ- omy. The Bipartite Ccntrol Office has assumed responsibility for review of requisitioning documents formerly delegated to the state OMG's and OMGUs, in accordance with specified limitations. At the direction of BICO, a central agency has been established within the Bizonal Economics Office (Verwaltung fuer Wirtschaft; which is to be directly responsible for pro- cessing of Army orders, insuring allocation of necessary saw materials, and other respon- sibiLities as delegated by BICO. In addition, the VfW has established a representative in each state, prepared to give any needed assistance to suppliers and manufacturers in L'btaining materials for fulfilling Army orders. All procurement, both "field" and "head- quarters," are to be governed by the pro- visions of this directive. Nonappropriated fund agency procurements are subject to the same review and approval by BICO as pro- curement by military procuring agencies, but are not subject to review and approval by EUCOM chiefs of technical services. This directive is not applicable to procurement of real estate and related utilities, solid fuels or ilabor, which are governed by provisions of other EUCOM directives. Paragraph 5b of Part I USFET-SOP 75 was revised to read: "Items that are rationed or controlled, or involve the use of imported or controlled materials, are designated as critical by the Bipartite Control Office, and procurement thereof will not be undertaken except as authorized bv the Commerce and Industry Group of that agency. Items of food in any form, livestock, or agricultural transport will not be procured under any conditions. Items currently designated as critical are limited to: electric lamps; soap and soap products; tobacco and tobacco products; iron and steel; semi-finished iron and steel products; scrap metal; heavy working bootst, gum boots, etc; fertilizers; non-ferrous and precious metals; industrials diamonds; peat, coal, oidl, and their products; chemicals; ball bearings; foot- wear; rubber; and technical textiles, i. e., canvas, belting, hose, tire lining, etc." Procurement of items of supply or materials not designated as critical, whether inventory items, or items necessitating production, the aggregate cost of which is less than DM 300, may be effected by authorized purchasing and contracting officers without prior approval. Pr ocurement of contractual services not in- volving the furnishing of materials by either the supplier or the service concerned and not involving manuftacture. the aggregate cost of which is less than DM 100,000, likewise may be effected by authorized purchasing and contracting officers without prior approval. INFORMATION BULLETIN Procurement of items of supply or materials not designated as critical, the aggregate cost of which is DM 300 or greater, and items designated as critical in any amount will be effected only with the prior approval of the appropriate chief of service, EUCOM Head- quarters, and BICO. Any project, the aggregate cost of which is DM 100,000 or greater, will be treated as 'headquarters" procurement and be pro- gramed by the appropriate chief of service, EUCOM Headquarters, 'in accordance . with provisions of USFET letter AG 400 GDS-AGO, ''Military Requirements for Indigenous Sup- plies and Materials;" Jan. 18, 1947. Splitting of procurement by use of several requisition demands for amounts less than the maximum authorized, or effecting pay- ment for partial deliveries, for the purpose of evading the intent of the above limitations is prohibited. All headquarters procurement, except that which could not be foreseen or in connection with circumstances constituting an emergency, will be planned and programed. Quarterly requirements will be submitted to the Log- istics Division, EUCOM Headquarters, eat least 75 days in advance of the first day of the quarter in which procurement is desired to be effected, for review, consolidation, and transmitted to BICO. BICO will publish approved production assigmentis in the form of mandatory pro- duction assignments, indicating in detail the items approved for procurement and the state in which procurement is to be effected. No changes in these production assignments will be made without prior approval of the US Military Requirements Office, BICO. With the exceptions indicated above, all procurement will be effected by requisition, and will require issuance in advance of a Requisition Dernand, Form 6GA, prepared in seven copies and handled through specified channels. - From EUCOM letter AG 400.12 GSP-AGO, Sept. 1. EQUALIZATION OF BURDENS The Bizonal Economic Council shall, within the US Zone, have power to adopt and enact ordinances dealing with the equalization of burdens. - From Order No. 2 under MG Proclamation No. 7. HANDLING THE FLAG Commanding officers of units and detach- ments possessing flags of the United States will take all necessary steps to insure proper usage and handling of these flags. Comman- ders will initiate measures to effect control of the flag by US military or civilian per- sonnel only. - From EUCOM Cir 79. 30 INQUIRIES ON INVENTIONS Numie.-ous inquiries are be'ing, received from German nationals who desire to offer their services or inventions to US firms or indivi. duals. Usually these inquiries are general in character and do not give sufficient inform. ation to permit evaluation of the proposal. Recently, by agreement with the Department of Commerce and the Department of the Army, procedure was agreed upon which is now being put into effect. Any office receiving such inquiry is re- quested to reply directly to the German, utilizing the attached form letter as a guide. This letter is sufficiently self-explanatory to indicate to all concerned what steps will be taken by OMGUS headquarters to place pro- posals deemed worthy of consideration before interested US firms or individuals. Text of the form letter follows: "This will acknowledge your communication of (date) offering your (services - invention) in the field of Ö "If you will furnish a factual written docu- nent regarding your (services - invention), with sufficient technical data to permit inter- ested United States firms or agencies to evaluate it, to the Office of the Economics Adviser, OMGUS, APO 742, US Army this office will undertake to examine it and, if found acceptable., forward it to the United States Department of Commerce. It will then be published in appropriate technical and scientific journals so as to reach the greatest number of parties of possible interest. "As an indication of your bona fide, it will be necessary for your document to be accompanied by a sworn statement to the effect that your document may be published in whole or in part. "Should a United States firm or agency be interested in obtaining your (services, - in- vention) they will contact you directly by mail. Further, if a contract tis agreed upon, it will be completed and approved in accord- ance with the appropriate regulations of the Joint Export-Import Agency, as necessary." - From OMGUS letter AG 004 (EA), Aug. 28. REICHSMARK FUNDS WIPED OUT OMGUS has decided that Reichsmark funds held by the occupying authorities for Ger- man Youth Activities are abolished by Ar- ticle 34 of MG Law 63 (Monetary Reform). This directive constitutes authority to drop all Reichsmark instruments from the assets of GYA funds established under the provi- sions of EUCOM Cir 38 of 1948. Reichsmark instruments still in the physical possession of GYA fund custodians will be turned in to a German bank for proper dis- posal and a receipt obtained therefor. - From EUCOM WD 34. PROHIBITED SOLICITING Representatives of certain private industries are soliciting personnel of various EUCOM commands to encourage and promote the sale of products to members of units. Such iepresentatives are offering as in'ducement for this promotion either a donation of currency to unit funds, or personal compensation LO the individual whose services are being 50' licited. The items being offered are critical items in the occupied zone, the sale of which on .a large scale promotional scheme would tend to promote unauthorized and illegal trans- actions on the part of occupati'n personn Money received in the manner indidated in paragraph 1, above, cannot be considered as a contribution but rather as a commission acd is, therefore, in violation of the Army regulations. USFET Cir. 140 of 1946, "Pro- hibited and Permsitted Transactions in the European Theater," precludes the participation in such activities by personnel subject to EUCOM jurisdiction. - From EUCOM WD 34 PERMANENT STATION ADDRESS Civilian employes traveling from the ULnited States will, upon arrival at their permanent duty station, be advised by civilian personnel office specialists conducting orientation train' ing to fill out one copy of EC Form 55-17, "Notification of Permanent Station Address." and mail it immediately to enable the Brea OCTOBER 5, 1948 TORT CLAIMS MG Regulation, Title 16, has been revised to conform with the practice in other zones whereby tort claims against the occupation forces are charged against the German economy, but inot against occupation costs. This step was taken in keeping with the designation made by the Bipartite Board. (From Military Go- vernor's Monthly Report No. 36.) A tort claim may be defined as a cause for action accruing to any person who has sustained injury or damage resulting from the act or omission of US military personnel, US civilian employees who are US citizens acting within or without the scope of their employment; prisoners of war, interned enemy aliens, volunteer workers, and civilian employees not citizens of the United States when the act or omission is within the scope of their employment; from operations of the Army when no negligence is involved. A procurement claim is one purely contractual in na- ture, arising from the procurerrtent of supplies, services and facilities. - From EUCOM cable SC-11748.
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