Foreign Relations of the United States, 1947, Council of Foreign Ministers; Germany and Austria, Volume II

CFM Files: Lot M–88: Box 2161: CFM(D) (47) (G) Documents

Proposal by the United Kingdom Delegation to the Deputies for Germany of the Council of Foreign Ministers ⁵⁵

secret
CFM(D) (47) (G)55

London, 12th February, 1947.

Procedure for Preparation of Peace Treaty With Germany

1. The preparation of a Peace Treaty with Germany will be undertaken by the Council of Foreign Ministers, composed, for this purpose, of the members of the Council representing those States which were signatory to the Declaration of Unconditional Surrender of Germany. This work will be carried out by the members of the Council acting either directly or through their Deputies, and in consultation with representatives of the Governments of neighbouring Allied States and of other Allied States which participated with their armed forces in the common struggle against Germany. The Allied States mentioned in the preceding sentence, hereinafter referred to as “the Allied States”, are the following:—

Australia, Belgium, the Byelorussian Soviet Socialist Republic, Brazil, Canada, China, Czechoslovakia, Denmark, Greece, India, Luxembourg, the Netherlands, New Zealand, Norway, Poland, the Ukrainian Soviet Socialist Republic, the Union of South Africa and Yugoslavia.

2. The Council of Foreign Ministers will at an appropriate stage hear the views of the representatives of Governments of other Allied belligerent and co-belligerent States.

3. For purposes of the consultation referred to in the second sentence of paragraph 1:

(i) The Council of Foreign Ministers will afford to the representatives of the Allied States full opportunity to present to the Deputies or to the Council of Foreign Ministers, as the latter may think appropriate, in writing or orally in the presence of representatives of others of the Allied States wishing to attend as observers, any views which they may wish to present on the German problem. Communications in writing from the Allied States presenting their views will be brought to the knowledge of the representatives of the other Allied States. It will be open to representatives attending as observers to make additional comment either orally or in writing upon submissions offered by representatives of other Allied States.

(ii) The main conclusions, directives and other principal documentation of the Council of Foreign Ministers relating to the preparation of a Peace Treaty with Germany, including recommendations, drafts and other principal documentation of the Deputies, will be communicated to the representatives of the Allied States, each of whom will be entitled to comment on such documentation, in the manner provided in paragraph (iii) below. They will also be entitled, in the manner provided in paragraph (iv) below, to participate in the discussion and study of matters of direct interest to their respective Governments.

(iii) In order to give effect to the first sentence of paragraph (ii), an Information and Consultation Committee will be set up for the duration of the sessions of the Council or of the Deputies, composed of the Deputies and of representatives appointed by those of the Allied States wishing to take part. The Committee will be supplied by the Council of Foreign Ministers and by the Deputies with the documentation referred to in paragraph (ii) with the object of keeping the representatives of the Allied States in touch with the progress of the work of the Council and the Deputies in connexion with the preparation of a Peace Treaty. The members of the Committee will be entitled to comment in writing or orally upon any matter treated in the documents brought to their knowledge.

(iv) The Council of Foreign Ministers or the Deputies will, as found necessary, appoint committees to consider particular questions forming part of the subject-matter of the Peace Treaty. Such Committees will be composed of representatives of the four Powers and, at the invitation of the Council of Foreign Ministers or of the Deputies, of a convenient number of representatives drawn from the Allied States, including those with a direct interest in the particular matter under study.

4. When the Council of Foreign Ministers has agreed upon the general lines of the draft Peace Treaty, having given due regard to the views expressed by the representatives of the Allied States, the Council of Foreign Ministers, consisting of the Foreign Ministers of the United Kingdom, U.S.S.R., U.S.A., France and China, will call a conference to discuss the draft of the Peace Treaty with Germany. The Conference will be composed of representatives of the convening Powers and of the other Allied States enumerated in paragraph 1.

If at the time of the Conference there exists a German Government adequate for the purpose of accepting a Peace Treaty, representatives of the German Government will be given an opportunity to express their views at this Conference.

In any event, before a Peace Treaty is signed by a German Government, representatives of that Government will be given an opportunity to express their views on the draft Peace Treaty.

5. When the work of the Conference is concluded and its recommendations have been considered, the representatives of those States which were signatory to the Declaration of Unconditional Surrender of Germany will meet again to work out final decisions relating to the Peace Treaty with Germany.

6. The final text of the Peace Treaty so established will be signed by representatives of States represented at the Conference, including Germany. The text of the Peace Treaty will then be submitted for signature to other members of the United Nations in a state of war with Germany.

7. The Peace Treaty will enter into force immediately after it has been ratified by the Allied States who signed the Declaration of Unconditional Surrender of Germany. With respect to each other Allied signatory, the Treaty will come into force upon the date of the ratification by that Allied signatory.

55. This proposal was discussed in detail by the Deputies for Germany at their 19th Meeting, February 12, 1947. Murphy reported upon the meeting in telegram 997, Delsec 1228, February 13, 1947, from London, not printed (740.00119 Council/2–1347).