CFM Files: Lot M–88: Box 58

Report by the Deputies for Germany to the Council of Foreign Ministers 9

secret
CFM (47) (M) 125

Procedure for the Preparation of the German Peace Treaty

[Page 455] [Page 456]
part i
1. The German Peace Treaty will be prepared by the Council of Foreign Ministers composed for this purpose of the members of the Council representing the Powers signatory to the Act of Military Surrender of Germany.
The Council of Foreign Ministers will consult the Governments of the Allied States enumerated in paragraph 2 and of other states mentioned in paragraph 3 on the question of the preparation of the Peace Treaty in the manner laid down in Part II of this document.10
2. The Allied States mentioned in the foregoing [Page 453] paragraph are the Allied States which are neighbours of Germany and other Allied States which participated with their armed forces in the common struggle against Germany, namely:
france
ussr
[Albania], Australia, Belgium, the Byelorussian Soviet Socialist Republic, Brazil, Canada, China, Czechoslovakia, Denmark, Greece, India, Luxemburg, the Netherlands, New Zealand, Norway, Poland, the Ukrainian Soviet Socialist Republic, the Union of South Africa and Yugoslavia.11
3. The Governments of other Allied belligerent States and of ex-enemy States who subsequently participated in the war against Germany on the side of the Allies will, at an appropriate stage in the preparation of the Peace Treaty, be afforded the opportunity to state their views on the German problem, orally or in writing, to the Deputies or to the Council of Foreign Ministers, as the latter may think appropriate.12
ussr 4. When the preparation of the draft Peace Treaty is in essentials completed, after due consideration has been given to the views expressed by the Allied States [and when a Central Government is formed in Germany which will be deemed adequate for the purpose of accepting the said document], the Council of Foreign Ministers, consisting of the Foreign Ministers of the Union of Soviet Socialist Republics, the United States of America, the United Kingdom, France
uk [and China]
us will convene a conference to discuss the draft Treaty.
france
ussr
us
The Conference will consist of the United States of America, the United Kingdom, the Union of Soviet Socialist Republics, France and China, and [of the following Allied States which are neighbours of Germany or which participated with their armed forces in the common struggle against Germany: Albania, Australia, Belgium, the Byelorussian Soviet Socialist Republic, Brazil, Canada, Czechoslovakia, [Page 454] Denmark, Greece, India, Luxemburg, the Netherlands, New Zealand, Norway, Poland, the Ukrainian Soviet Socialist Republic, the Union of South Africa and Yugoslavia] [of the Allied States which are neighbours of Germany or which are in a state of war with Germany. All these States will be accorded full and equal rights as members of the conference.]*
ussr [The German Government will be given an opportunity of stating its views at the Conference.]
us [Responsible representatives of Germany will be given the opportunity to present their views to the Conference.]
uk [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 of expressing 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 of expressing their views on the draft peace treaty.]
us 5. When the work of the Conference is concluded and its recommendations have been considered, the Council of Foreign Ministers, consisting of the representatives of the States which signed the Act of Military Surrender of Germany will draw up the final text of the peace treaty, [on the basis of the recommendations of the peace conference which are supported by a two-thirds vote of those present and voting, taking into consideration the other recommendations which are supported by a majority of those present and voting at the Conference.]14
In this work the Council of Foreign Ministers will consult the Allied States in the manner laid down in Part II of this document.
6. The final text of the Peace Treaty thus prepared will be signed by the Representatives of the States represented at the Conference.
ussr
uk
[The peace Treaty will be signed by a German Government adequate for the acceptance of this treaty.]
ussr
uk
france
[The text of the peace Treaty will be presented to the other United Nations who are in a state of war with Germany]
7. The Peace Treaty will enter into force immediately after its ratification by the Allied States which signed the Act of Military Surrender of Germany.15
With respect to each other Allied signatory the Treaty will come into force upon the date of the ratifications by that Allied signatory.15
ussr
uk france
[The Peace Treaty will also be ratified by Germany]15
us [The German Constitution will contain a clause providing that all powers thereunder shall be exercised subject to and in accordance with the peace settlement agreed upon by and between the Allies.]16
part ii
1. 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, any views which they may wish to present on the German problem.
Such oral statements will be made in the presence of representatives of others of the Allied States wishing to attend. It will be open to these representatives to make additional comment in writing upon communications from representatives of other Allied States.17
The Allied States mentioned in the foregoing paragraphs are the Allied States which are neighbours of Germany and other Allied States which participated with their armed forces in the common struggle against Germany namely:—
ussr
france
[Albania], 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.18
In addition representatives of States not represented on the Council will be invited to participate in the discussion and study of questions relating to the German Peace Treaty in which they have a direct interest.
2. The Council of Foreign Ministers will establish for the study of questions relating to the German Peace Treaty four permanent Committees:—
  • (a) Committee on the political and constitutional structure of Germany.
  • (b) Committee on territorial adjustments and related problems.
  • (c) Committee on the economic organisation of Germany and reparations.
  • (d) Committee on disarmament and demilitarisation.
ussr 3. [The permanent committees will consist of representatives of the Four Powers Members of the Council]
france [The permanent committees will be composed of the Four Powers Members of the Council. They will invite the Allied States concerned in the problems under consideration to participate in the study and discussion of these problems.]
uk [The permanent Committees will consist of representatives of the Four Powers Members of the Council and of representatives of such of the Allied States mentioned in paragraph 1 as may decide to to be represented thereon. The chairmanship of each [Page 457] Committee will be held in rotation by representatives of the Four Powers.]19
us [The permanent committees will consist of representatives of the Four Powers Members of the Council who will exercise in rotation the chairmanship of the Committees, and also of a convenient number of representatives drawn from the Allied States mentioned in paragraph 1.]
france
uk
us
4. The work of the Committees will be directed and co-ordinated by the Deputies. The committees will submit to the Council of Foreign Ministers or to the Deputies reports and recommendations including draft articles of the Treaty. Such reports will reflect any divergencies of view that may have arisen, [and will include the proposals presented by the Allied States who have participated in the discussions.]20
5. Each of the four Committees will appoint subcommittees, as and when necessary, to examine particular questions; the sub-committees will continue to operate as long as is necessary to carry out the work entrusted to them. They will report to the permanent Committees, to which they will submit their recommendations and whenever unanimous agreement has not been reached, any divergencies of view that may have been expressed.21
france 6. [The membership of these sub-committees will be determined in each case by the permanent Committees which will invite the Allied States concerned in the problems under consideration to be members thereof.]
uk
us
[Membership of these sub-committees will be determined in each case by the permanent Committees, which will invite a convenient number of representatives [Page 458] of the Allied States mentioned in paragraph 1 to be represented thereon.]22
ussr [The composition of the sub-committees will be analogous to the composition of the permanent committees. The sub-committees may invite representatives of other States to present their views on questions in which they have direct interest.]
7. The Council of Foreign Ministers will establish an Information and Consultation Conference of Allied States with the following duties:
  • (1) To keep the Allied States regularly informed on the work of the Council of Foreign Ministers in connection with the preparation of the Peace Treaty;
  • (2) To communicate to the Allied States all the documentation of the Council of Foreign Ministers concerning the preparation of the Treaty (particularly, decisions and directives and also reports of committees and sub-committees, etc.) which may be of use for their information;
  • (3) To communicate to the Allied States with the agreement of the originating Government the memoranda, statements and other documents submitted to the Council of Foreign Ministers;
  • (4) To organise consultation of the representatives of the Allied States:
  • (a) on the questions set forth in the memoranda and oral statements of the representatives of the Allied States relating to the German problem;
  • (b) on information and documents communicated to the Allied States under paragraphs 1 and 2 above.
In the process of such consultation it will be open to the representatives of the Four Powers to seek the views of the representatives of the Allied States who are Members of the Conference and for the representatives [Page 459] of these Allied States to comment, ask questions and receive answers, in writing or orally, upon any matter treated in the information or documents brought to their knowledge.23
ussr [The Information and Consultation Conference will consist of representatives of the Four Powers Members of the Council and of the Allied States which are neighbours of Germany or which participated with their armed forces in the common struggle against Germany, namely: Albania, Australia, Belgium, the Byelorussian Soviet Socialist Republic, Brazil, Canada, China, Czechoslovakia, Denmark, Greece, India, Luxemburg, the Netherlands, New Zealand, Norway, Poland, the Ukrainian Soviet Socialist Republic, the Union of South Africa and Yugoslavia.]
france [The Information and Consultation Conference will consist of representatives of the Four Powers Members of the Council and of the following Allied States:*
*Note by French Delegation.
The French Delegation proposes that the total number of States participating in the Information and Consultation Conference should be increased only by a very small number of Allied States which would in any case include Iran.24
The other Allied belligerent States and ex-enemy States which subsequently participated in the war against Germany on the side of the Allies will be kept informed of the work of the Council in the manner provided in paragraphs (2) and (3) of this Article. These States may transmit to the Conference in writing their observations on the documents communicated to them. They may also ask questions in writing upon any matter treated in these documents]**
us [The Information and Consultation Conference will consist of the representatives of the Four Powers, Members of the Council, and of all states at [Page 460] war with Germany and of Allied States which are neighbours of Germany]**
**Note by U.K. Delegation.
(Not discussed by the Deputies)25 The U.K. Delegation is in sympathy with the aim of the U.S. and French proposals, but reserves its final opinion. It suggests, however, as a possible solution, that there should be established two separate Conferences:—
(1) A Consultation Conference, with membership limited to the Four Powers Members of the Council and the Allied States which are neighbours of Germany and other Allied States which participated with their armed forces in the war against Germany, and also a limited number of other Allied States, including Iran, who rendered effective assistance. This Conference would fulfil all the functions envisaged for the Information and Consultation Conference—i.e. subparagraphs (1) to (4) of paragraph 7 above.
(2) An Information Conference, membership of which would include the Four Powers members of the Council and all States at war with Germany who wished to participate. These states would be supplied with the information and documents communicated to the members of the Consultation Conference under sub-paragraphs (2) and (3) of paragraph 7. It would be open to such states to comment in writing upon any matter treated in the information or documents brought to their knowledge.
The chairmanship of the Conference will be held in turn by the representatives of the Four Powers. They will act in concert, in the Conference, according to the instructions which they will receive from the Ministers or the Deputies.
The Foreign Ministers will be kept informed of the proceedings of the Information and Consultation Conference by their representatives on this Conference.
  1. This Report is a redraft by the Deputies for Germany of an earlier report, not printed, circulated to the Council as the Annex to document CFM(47) (M)60, March 24, 1947, p. 397. This redraft had been requested by the Council at its 13th Meeting, March 25 (see telegram 1013, Delsec 1345, March 25, from Moscow, p. 287). The Report printed here was discussed by the Council at its 27th and 28th Meetings, April 12 and 14 (see telegrams 1333, Delsec 1418, April 12 and 1358, Delsec 1426, April 14, from Moscow, pp. 330 and 331). According to the Record of Decisions of the latter Council meeting, the following decision was adopted with respect to this Report:

    “The agreed points of this document [CFM(47) (M)125] were adopted. There was an exchange of views on other points in the course of which it was agreed to refer paragraph 3 of Part II back to the Deputies for consideration. The Soviet Delegation withdrew its proposal on this paragraph and joined the proposal of the French Delegation on the condition that after the words ‘Allied States’ shall be added the words: ‘mentioned in Part I, paragraph 2.’”

    The source text bears the following prefatory remark:

    “Notes in the margins indicate countries which agree with the words in brackets.”

    During their meetings in London, November 6–22, 1947, the Deputies for Germany discussed this document and agreed upon a number of minor amendments; see the United States Daily Journal of Meetings of the Deputies, pp. 703712. As amended by the Deputies for Germany, this document was reissued as CFM(D) (L) (47) (G)78 revised, November 12, 1947, not printed. Differences between the two versions of the Report are indicated in the annotations that follow.

    As amended in CFM(D) (L) (47) (G)78, this Report was discussed by the Council of Foreign Ministers at its 5th through 8th Meetings in London, November 29, December 1, 2, and 3, 1947 (see telegrams 6255, Delsec 1511, November 29; 6272, Delsec 1514, December 1; 6286, Delsec 1515, December 2; 6306, Delsec 1517, December 3, from London, pp. 740, 741, 742, and 746.) Paragraphs approved or amendments agreed upon by the Council at these meetings are indicated in the annotations that follow.

  2. This paragraph was approved by the Council of Foreign Ministers at its 5th Meeting, November 29.
  3. In CFM(D) (L) (47) (G)78 Revised, “[Pakistan]” was inserted between Norway and Poland as a proposal favored by France, the United Kingdom, and the United States. At its 5th Meeting, November 29, the Council of Foreign Ministers agreed to include Pakistan in the list of Allied States to be invited.
  4. Paragraph 3 was approved by the Council of Foreign Ministers at its 5th Meeting, November 29.
  5. The U.K. and French Delegations reserve their position regarding the composition of the peace conference. [Footnote in source text.]
  6. At the 6th Meeting of the Council of Foreign Ministers in London, December 1, 1947, the Secretary of State amended the United States proposal in brackets to read:

    “taking into consideration the recommendations of the peace conference which are supported by a two-thirds vote of those present and voting, and the other recommendations which are supported by a majority of those present and voting at the Conference.”

    The whole of paragraph 5, including the revised language in brackets, was approved by the Council at its 7th Meeting, December 2, 1947.

  7. Approved by the Council of Foreign Ministers at its 6th Meeting, December 1, 1947.
  8. Approved by the Council of Foreign Ministers at its 6th Meeting, December 1, 1947.
  9. Approved by the Council of Foreign Ministers at its 6th Meeting, December 1, 1947.
  10. In CFM(D) (L) (47) (G)78 Revised, France joined the United States in favoring the sub-paragraph in brackets.
  11. In the earlier draft of this Report, CFM(47) (M)60, Annex, not printed, this paragraph, in the form of a bracketed proposal by the United States and United Kingdom Delegations, read as follows:

    “[Such oral statements will be made in the presence of representatives of others of the Allied States wishing to attend as observers. It will be open to representatives attending as observers to make additional comment either orally or in writing upon communications from representatives of other Allied States.]”

  12. In CFM(D) (L) (47) (G)78 Revised, “[Pakistan]” was inserted between Norway and Poland as a proposal favored by France, the United Kingdom and the United States. At its 6th Meeting, December 1, the Council of Foreign Ministers agreed to include Pakistan in the list of Allied States to be consulted.
  13. In CFM(D) (L) (47) (G)78 Revised, the United Kingdom Delegation proposed the following alternative to this bracketed sub-paragraph:

    “[Each permament Committee will consist of representatives of the four Powers members of the Council, together with a maximum of ten of the Allied States mentioned in paragraph 1 of part II. These vacancies will be evenly distributed among such of those Allied States as wish to take part, by the four powers and the Allied States sitting together for this purpose. If sufficient candidates are not found in every case, it will not be necessary to make up the full number of ten. The Chairmanship of each Committee will be held in rotation by the representatives of the four powers.]”

  14. At its 7th Meeting, December 2, the Council of Foreign Ministers approved this paragraph, inclusive of the bracketed passage.
  15. This paragraph was approved by the Council of Foreign Ministers at its 7th Meeting, December 2.
  16. In CFM(D) (L) (47) (G)78 Revised, the first sub-paragraph proposed by the French Delegation and the second sub-paragraph proposed by the American and British Delegations was deleted and replaced by the following joint French-American-British proposal:

    “[The composition of the sub-committees will be determined in each case by the Permanent Committees, who will invite a convenient number of the Allied States mentioned in paragraph 1 to be members thereof, including those most closely concerned with the problems under consideration.]”

  17. All of paragraph 7 to this point was approved by the Council of Foreign Ministers at its 7th Meeting, December 2.
  18. In CFM(D) (L) (47) (G)78 Revised, the British Delegation joined the French Delegation in proposing this note.
  19. In CFM(D) (L) (47) (G)78 Revised, the British Delegation withdrew this note.