740.00119 EW/7–1448

The Head of the German General Economic Department of the British Foreign Office (Haviland) to the Counselor of the Embassy in the United Kingdom (Keith)1

secret

CJ.3010/93/182

Dear Keith: I attach for your records a copy of the instruction with regard to the resumption of a revised reparations procedure which our Governments agreed for issue to the three Military Governors concerned.

2. We subsequently agreed that these instructions should be modified to take account of the then situation in Berlin, and that the Military Governors should be instructed:—

(i)
The list of plants selected on behalf of IARA should be notified to the Agency forthwith, but that no reference should be made in this communication to our proposed method of disposing of the Soviet share.
(ii)
No public announcement of any kind should be made at present with regard to the revised reparations procedure.
(iii)
The letter of notification to the Soviet Commander-in-Chief should not be dispatched.
(iv)
If the Soviet Commander in Chief were to make enquiries about the making available of equipment to I.A.R.A., or the disposal [Page 771] of the Soviet share, or lodge a formal protest with regard to our action, he should be told that no equipment can be made available to the U.S.S.R. until arrangements have been made for the free flow of traffic between the Western Zones and Berlin and the Eastern Zone.

3. We later agreed that in answer to enquiries by the Press or others as to how we proposed to deal with the share of reparations to which the U.S.S.R. is entitled under the Potsdam Agreement we should reply as follows:—

“No equipment can be made available to the U.S.S.R. until arrangements have been made for the free flow of traffic between the Western Zones and Berlin. As soon as satisfactory arrangements have been agreed we shall be prepared to discuss the question of making equipment available to the U.S.S.R.”

4. We have since informed you that we were answering other Press enquiries in the following manner:—

(a)

What authority is allocating equipment as reparations?

The need for making equipment available and thus progressing with the reparations programme has been urgent. In consequence it has been decided that the British Zone Commander shall informally make equipment scheduled for reparations, under the Anglo-American Level of Industry Plan, available to I.A.R.A.

(b)

How many plants are being made available and what is their value? (Figures applicable to British Zone only.)

Notified to I.A.R.A. for allocation.

(If asked we will give details of particular plants affected.)

73 whole or part plants valued at 97.3 million Reichsmarks (1938).

(c)

Will further equipment be made available as reparations?

Yes, as soon as possible.

(d)
What action is being taken by the French and United States Zone Commanders?

They are acting in a similar informal manner, but we have no details of the number of plants being made available by them or of their value.

5. I should be glad of your confirmation that the above sets out correctly the understanding of your Government with regard to our agreements.2

Yours sincerely,

D. L. Haviland
[Page 772]
[Enclosure]

Instructions From the Governments of the United States, the United Kingdom, and France to Their Military Governors in Germany3

secret

Subject: Resumption of Reparations

Part I. Following instructions with respect to resumption of reparations have been approved by the Governments of the United States, United Kingdom and France and constitute instructions to you from your Government:

1.
In further discussions through the diplomatic channel between representatives of the Governments of the United States, the United Kingdom and France, an agreed procedure for making reparations available from the three Western Zones has been worked out as a means of overcoming the present deadlock resulting from the fact that the quadripartite allocating machinery is presently inoperative. It will be put into operation urgently in order speedily to complete the reparations programme.
2.
Action will be taken by the three Commanders-in-Chief of the Western Zones, each acting with respect to the capital equipment in his own Zone, but in consultation with his two colleagues on the basis of existing reparations lists (but see paragraph 3 below). Each will be responsible for making a division of capital equipment for reparations as between the Inter-Allied Reparations Agency and the Union of Soviet Socialist Republics, 75% in each broad industrial category declared for reparations being made available to the Inter-Allied Reparations Agency and 25% in each broad industrial category being provisionally selected and held for future delivery to the Union of Soviet Socialist Republics. Of the 25%, 15% will be-delivered to the Union of Soviet Socialist Republics against a Soviet undertaking to supply to the Western Zone Commanders reciprocal deliveries to an equivalent value over an agreed period of time corresponding to the delivery of capital equipment. Without prejudice to action under the foregoing sentence, discussions will shortly be held among the three Western Occupying Powers to determine whether past deliveries of the 15% share of capital equipment to the Union of Soviet Socialist Republics which have not been matched by reciprocal deliveries equivalent in value from the Union of Soviet Socialist Republics will affect the quantity and timing of future reciprocal deliveries. The disposition of the remaining 10% will also be the subject of further discussion between the three Western Powers concerned.
3.
The list of equipment to which this procedure will immediately apply is governed by the following factors:
(a)
A number of plants on the existing reparations lists are still under examination by the United States Government with a view to their possible retention in Germany in the interests of the European Recovery Programme. The United States Government, however, will in the very near future supply an initial list of plants which have been excluded from such examination and additional lists of similar exclusions will be supplied from time to time and as soon as possible.
(b)
The question of the application of the principle of paragraph 117D of the Foreign Assistance Act of 1948 to the delivery of equipment for reparations is under consideration. This consideration is not likely to be completed in time to be taken into account when the first division of equipment is made by the Military Governors. Meanwhile, the general principle of the paragraph in question is to be borne in mind.
4.
You should accordingly proceed on the basis of the list of capital equipment excluded from examination by the United States Government (3(a) above), contriving as far as possible to avoid the selection for the Union of Soviet Socialist Republics of plants which have an obvious war potential. You should report urgently, after consultation with your colleagues, as to when you think this work will be completed as regards the initial selection of plants. At an agreed date, which will have to be fixed after consultation between Governments in the light of your reply, you will then proceed separately but concurrently:
(i)
To notify the Inter Allied Reparations Agency of the assets made available to it for reparations in this initial selection, with a request to allocate such assets as soon as possible.
(ii)
To notify the Soviet Commander in Chief of the action which is being taken. The terms of this communication are now under consideration between the three Governments and will be transmitted to you shortly for your consideration.
5.
You should proceed in conformity with the relevant provisions of the preceding paragraphs to make additional divisions of reparations as promptly as circumstances permit.
6.
You should quickly dismantle all equipment made available to the Inter Allied Reparations Agency within your Zone. Equipment selected for the Union of Soviet Socialist Republics may be dismantled or left standing at your administrative convenience pending agreement with the Soviet Commander in Chief as to its disposal.
7.
You should cooperate with your (United States, United Kingdom or French as the case may be) colleagues in enforcing whatever priority in the allocation of materials or services may be necessary to the smooth and speedy execution of the reparations programmes in the three Western Zones.
8.
You will be responsible for arranging delivery to the recipient countries in conformity with the allocations made in due course by the Inter-Allied Reparations Agency.
9.
You should consult with your colleagues as to any special steps for presenting the above procedure to the German people and, if these are deemed necessary, agree upon the required steps.

Part II. Following is text of agreed explanatory minute concerning paragraph 2 of above instructions. Although not included among your instructions, it is an integral part of the understanding between the three Governments concerned:

1.
By consultation is meant that, within the framework of these instructions and in particular as regards paragraph 4, the Military Governors shall be in agreement as to uniform procedures for notification to the Union of Soviet Socialist Republics and the Inter Allied Reparations Agency. Pending agreement on the question referred to in paragraph 3(b), the above interpretation shall also be applied to the selection of equipment for the Inter Allied Reparations Agency and for the Union of Soviet Socialist Republics, prior to final action by each of the three Military Governors. Nothing in the foregoing shall be construed as meaning that consultation between the three Military Governors shall not be required after agreement has been had on the question referred to in the said paragraph 3(b).
2.
It is agreed that no action shall be taken in regard to the two matters referred to in the last two sentences of paragraph 2 of Part I until agreement on these two matters has been reached; provided that, if, at the expiration of six months, no agreement has been negotiated, each Military Governor may in respect of these two matters act independently.

  1. This note was transmitted to the Department as an enclosure to despatch 1557, July 14, from London, not printed.
  2. In a letter to Haviland dated July 14, not printed, Keith confirmed that the contents of Haviland’s letter were in accord with the understanding of the United States Government. A copy of Keith’s letter was also sent as an enclosure to despatch 1557.
  3. Regarding the original formulation of these agreed instructions, see the editorial note, p. 765.