Foreign Relations of the United States, 1946, Council of Foreign Ministers, Volume II

C.F.M. Files: Lot M–88: Box 2061: CFM Documents

Proposal by the United States Delegation at the Council of Foreign Ministers^91a

secret
C.F.M. (46) 21

30 April 1946.

text of draft treaty on the disarmament and demilitarization of germany

Preamble

On June 5, 1945, the Governments of the United States, The Union of Soviet Socialist Republics, the United Kingdom, and the French Republic declared their intention to effect the total disarmament and demobilization of Germany.^91b In substantial measure this intention has already been fulfilled. Nothing shall prevent or delay the completion of the process. It remains to ensure that the total disarmament and demilitarization of Germany will be enforced as long as the peace and security of the world may require. Only this assurance will permit the nations of Europe and the world to return singlemindedly to the habits of peace. To achieve this objective, the Governments of the United States, The Union of Soviet Socialist Republics, the United Kingdom, and the French Republic agree to engage in the common undertaking defined in this treaty.

Article I

The High Contracting Parties agree that they shall take steps jointly to ensure that:

a) All German armed forces, including land, air, anti-aircraft and naval forces, all para-military forces, such as the SS, the SA and the Gestapo, and all organisations auxiliary to the foregoing shall be and shall remain completely disarmed, demobilized and disbanded.

b) The German General Staff and the staffs of any para-military organizations shall be and shall remain disbanded.

c) No German military or para-military organisations in any form or guise shall be permitted in Germany.

d) The manufacture, production, or importation of military equipment in Germany shall be prevented. In particular, the High Contracting Parties shall prevent the manufacture, production, or importation of:

(1) All arms, ammunition, explosives, military equipment, military stores and supplies and other implements of war of all kinds;

(2) All fissionable materials, for any purpose, except under conditions approved by the High Contracting Parties;

(3) All naval vessels of all classes, both surf ace and submarine, and auxiliary naval-craft;

(4) All aircraft of all kinds, aviation equipment and devices, and equipment for anti-aircraft defence.

(e) The establishment, utilization or operation for military purposes of any of the following shall be prevented:

(1) All military structures, installations and establishments, including but not limited to military air fields, seaplane bases, and naval bases, military and naval storage depots, permanent and temporary land and coast fortifications, fortresses and other fortified areas;

(2) All factories, plants, shops, research institutions, laboratories, testing stations, technical data, patents, plans, drawing and inventions, designed or intended to produce or to facilitate the production of items listed in paragraph (d) above.

(f) Under conditions which may be established by the High Contracting Parties, the demilitarization and disarmament required by this Article shall be subject to the following exceptions and to no others:

(1) The formation and employment of such detachments of German civil police, and their equipment with such types and quantities of imported small arms, as may be essential to the maintenance of public security; and

(2) The importation of minimum quantities of those items listed in paragraph (d) (1) above, such as explosives or ingredients of explosives, which may be essential for purposes of construction, mining, agriculture or for other peaceful purposes.

Article II

To implement the disarmament and demilitarization provisions set forth in Article I, the High Contracting Parties agree that they shall make provision for a system of quadripartite inspection, which shall become operative upon the termination of the Allied occupation of Germany. This system of inspection shall be conducted through a Commission of Control to be established by the High Contracting Parties on a quadripartite basis. The Commission of Control, through its officers and agents, shall conduct, in any and all parts of German territory, such inspections, inquiries and investigations as it may deem necessary to determine whether the disarmament and demilitarization provisions set forth in Article I are being observed.

Article III

The High Contracting Parties agree that for the duration of the period of Allied occupation of Germany, they shall, through the Allied Control Council and in their respective zones, enforce strictly the disarmament and demilitarization provisions set forth in Article I. They agree further that the express acceptance by Germany of the provisions of Articles I and II shall be an essential condition to the termination of Allied occupation of German territory.

Article IV

The Commission of Control provided for in Article II shall keep the High Contracting Parties and the Security Council of the United Nations informed of the results of the inspections, inquiries and investigations authorized by that Article. The Commission of Control shall submit a report to the High Contracting Parties whenever, in the opinion of a majority of the members of the Commission, it has reason to believe that a violation of the disarmament and demilitarization provisions of Article I have occurred or is about to occur. In conjunction with such report the Commission shall submit a recommendation for action on the part of the High Contracting Parties which appears appropriate to a majority of the members of the Commission. Upon receipt of such report and recommendations, the High Contracting Parties will, by common agreement, take such prompt action—including action by air, sea or land forces—as may be necessary to assure the immediate cessation or prevention of such violation or attempted violation. The High Contracting Parties shall immediately report to the Security Council of the United Nations the action taken or to be taken.

The High Contracting Parties agree that, within six months of the effective date of this treaty, they shall consult for the purpose of negotiating special quadripartite agreements which shall provide in the greatest practicable detail for inspection, inquiry and investigation by the Commission of Control, for the numbers and types of forces which each Party shall make available for purposes of this treaty, for their degree of readiness and general location, and for the nature of the facilities and assistance which each shall provide. Such special quadripartite agreements shall be subject to ratification by the High Contracting Parties in accordance with their respective constitutional processes.

Article V

This treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional processes. The ratifications shall be deposited with the Government of —, which shall notify all the High Contracting Parties of each deposit. This treaty shall come into force upon the deposit of ratifications by each of the High Contracting Parties. This treaty shall remain in force for a period of twenty-five years from its effective date. The High Contracting Parties agree to consult six months before the date of expiration of this treaty for the purpose of determining whether the interests of international peace and security require its renewal, with or without modification, or whether the German people have so far progressed in the reconstruction of their life on a democratic and peaceful basis that the continued imposition of the controls defined herein is no longer necessary.

Paris, 30 April, 1946.

1. This proposal was discussed by the Foreign Ministers at their Fourth Meeting, April 29, 1946, 4 p.m.; see the United States Delegation Record of that meeting, p. 153.

   The text printed here is a slightly revised version of a draft treaty originally transmitted by Secretary of State Byrnes to Foreign Secretary Bevin, Foreign Minister Bidault, and Foreign Minister Molotov in mid-February 1946. Regarding that earlier draft, which is not printed, and the Secretary of State’s desire that it be discussed by the Council of Foreign Ministers, see telegrams 1788, April 15, from Paris (p. 56) and 708, April 16, to Moscow (p. 62).

2. The reference here is to the Declaration Regarding the Defeat of Germany; see footnote 72, p. 168.