Foreign Relations of the United States, 1948, Germany and Austria, Volume II

740.00119 Control (Germany)/12–1348: Telegram

The Acting Secretary of State to the United States Political Adviser for Germany (Murphy), at Berlin

secret

Washington, December 17, 1948—7 p. m.

1983. Re Benelux request for copy draft Occ Statute (urtel.2931, Dec 13; Deptel 281, Dec 15 to Frankfort; London’s tel 5269 Dec 16 to Dept rptd Berlin as 668¹), Dept received yesterday formal requests from Benelux missions citing para 4 Annex A of final report London talks on Ger, June 1948,² and continuing that Belg and Lux Govts attach utmost importance to full opportunity for final consultation on matter.

Dept received yesterday Aide-Mémoire from Swiss Leg³ questioning whether Art 2f and Art 5 para 16 might be of discriminatory nature toward Swiss interests. Contents Aide-Mémoire sent you yesterday by airgram.

Since Swiss apparently have obtained copy of draft Occ Statute, or at any rate have exact knowledge of certain provisions, Dept inclined now to believe that copy of draft Occ Statute in present form should be given Benelux. If Clay concurs, request arrangements be made with Fr and Brit authorities for delivery copies to Benelux.⁴

Lovett

1. None printed.
2. Annex A of the Report on the London Conference on Germany, June 1, (p. 309) is the same as document TRI/10, March 6, p. 144.
3. The Swiss aide-mémoire, dated December 15, is not printed (740.00119 Control (Germany)/12–1548).
4. In telegram 2950, December 18, from Berlin, not printed, Ambassador Murphy explained that General Clay’s original objection to furnishing the Benelux countries with copies of the draft statute was the fear that the Benelux would wish to participate in the finalization of the agreement and would become involved in the remaining disagreements. Inasmuch as the matter of the draft statute had been passed on to the governmental level, however, General Clay felt a copy of the draft could be furnished to the Benelux provided it came from the governments concerned and not from the military governors in Germany (740.00119 Control (Germany)/12–1848). Acting on instructions from the Department, Ambassador Douglas in London subsequently furnished the Benelux representatives with a copy of the draft statute.