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 of the Soviet Delegation to the Deputies for Germany of the Council of Foreign Ministers ³³

secret
CFM(D) (47) (G)22(Revised)

London , 28th January, 1947.

Procedure for the Preparation of the Peace Treaty With Germany

In the drafting by the Council of Foreign Ministers of the peace treaty with Germany those members of the Council will participate who were the parties, signatory in Berlin to the instrument concerning the military capitulation of Germany.

The Council of Foreign Ministers will hear the views of the Governments of the neighbouring Allied States and of those other Allied States which participated with their armed forces in the common struggle against Germany, which wish to present their views on the German problem.

2. When the preparation of the draft peace treaty is completed and 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 will convene a conference for the discussion of the peace treaty with Germany.

The conference will consist of the representatives of those States which took part in the war against Germany with their armed forces, namely: the Union of Soviet Socialist Republics, the United States of America, the United Kingdom, France, China, Australia, Albania,³⁴ Belgium, the Byelorussian Soviet Socialist Republic, Brazil, Czechoslovakia, Canada, Denmark, Greece, India, Luxembourg, the Netherlands, New Zealand, Norway, Poland, the Ukrainian Soviet Socialist Republic, the Union of South Africa and Yugoslavia.

The German Government will be given an opportunity of stating its views at the conference.

3. When the work of the conference is concluded and its recommendations have been considered, the States members of the Council, signatories of the instrument of the military capitulation of Germany, will draw up the final text of the peace treaty.

4. The final text of the peace treaty, thus prepared, will be signed by the representatives of the States represented at the conference.

The text of the peace treaty will thereafter be presented to the other United Nations who are in a state of war with Germany.

5. The peace treaty will enter into force immediately after its ratification by the Allied States, which signed the instrument of the military capitulation of Germany.

The peace treaty is also subject to ratification by the German State.

33. This proposal was discussed by the Deputies for Germany at their 10th Meeting, January 29, 1947. Telegram 655, Delsec 1162, January 30, 1947, from London, not printed, reported on this discussion and indicated that the British, American and French Delegations had criticized the Soviet proposal as failing to provide due participation of the Allied States in the preparation of the peace treaty (740.00119 Council/1–3047).

    The text printed here incorporates certain minor drafting changes in the original Soviet proposal circulated on January 25, 1947, as document CFM(D) (47) (G)22, not printed.

34. At the 10th Meeting of the Deputies, the inclusion of Albania in this clause of the Soviet proposal was discussed. In telegram 655, Delsec 1162, January 30, 1947, from London, not printed, Murphy reported on the discussion as follows:

    “I also raised question of inclusion of Albania in paragraph II, clause 2, as participant at Peace Conference, pointing out that Albania was not included in list of 18 countries invited by CFM to present their views on German problem and that this list determines states entitled to participate in the Peace Conference as Allied neighboring states or other Allied states which participated with armed forces in war against Germany. Soviet deputy replied that his government had received representations from Albania stating Albanian claim to take part in consideration of peace treaty with Germany and that similar messages had been sent to other three powers. He asserted Albanians took part in struggle against both Italians and Germans, that Albania had been associated with other powers in conclusion of Italian treaty and had furthermore participated in Paris reparations agreement. I stated that USDel regarded list of 18 states as definitive and cannot approve inclusion of Albania in list of states entitled to participate in German Peace Conference. While British deputy expressed difficulty in agreeing to inclusion Albania in list, French deputy saw no objection.” (740.00119 Council/1–3047)

    Telegram 622, Secdel 1279, January 31, 1947, to London, not printed, approved the position taken by Murphy (740.00119 Council/1–3047).