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Information bulletin
No. 145 (October 5, 1948)

Excerpts from official instructions ,   pp. 30-[32] PDF (2.5 MB)


Page 30


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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