740.00119 Control (Germany)/2–349: Telegram

The Secretary of State to the Embassy in the United Kingdom

us urgent

507.1 Ur Niact 522, Feb 102. Fol are preliminary State Comments draft re principles trizonal fusion not yet cleared by Army and for urinfo only. Will advise you further when Army views recd. Comments numbered according ur draft.

Dept reluctant agree specific reference approval amendments to Federal and Laender Constitutions require unanimous agreement. For urinfo have some doubts this requirement and furthermore may wish suggest unanimous agreement re approval occupation costs. Prefer leave language in general terms which wld not preclude later agreement on unanimous vote in certain instances. Suggest, therefore, you propose deletion subpara a this para and insert words “in principle” between “shall” and “come”. Subpara b contained Embtel 489, Feb 8,3 agreed.

Cannot agree this para. While do not object to limitations appeal procedure to legislation, cannot agree to any indefinite suspension. This is in effect a requirement of unanimous vote on many other matters than approval constitutions mentioned ur para 1.

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Believe 60-day limitation provided ur 2 (b) is longer than necessary for effective consideration by govts and would seriously impede Ger legislative action. Cld agree to 30 days for decision on question approving Ger law which has effect of abrogating or amending legis of occ auths and 21 days, as provided in your draft, on other Ger legis. Much prefer your formula of suspension running from time of submission of law to that which would begin suspension at decision Mil Govs.

Your 2 (b) does not provide period for suspension on appeal from decision on legis of occ auths in fields other than those covered by 2 (a). Believe this should be 30 days from date of decision appealed.

Do not understand para 3 in view your statement in opening Niact 522 that appellate procedure and suspension of action is limited to legis and does not apply to action of executive nature. It would appear that any legis action taken by occ auths in fields which they, acting in accordance with para 3(c) of report on intergovernmental talks,4 reserve exclusive legis competence would be covered by para 2 which applies to legis of occ auths as well as authorization, approval and disapproval of Ger legis. Unless para 3 applies to executive action in fields referred to therein, can see no necessity for its inclusion. Assume para 3(c) report is first para quoted urtel 408, Feb 3.5
US theory has been that administration trizonal area should be in principle on tripartite basis and that any unilateral action should be exception to general principle. Feel this absolutely essential if purposes fusion and occ stat are to be accomplished. Therefore do not approve spelling out powers in which action will be taken on tripartite basis as in your para 4. This would leave all other fields, some of them impossible to anticipate now, for unilateral action unless occupation authorities decide otherwise. For example, your draft would appear to exclude foreign affairs from tripartite decision, except insofar as legis in that field is covered by your para 2 (a). Would much prefer statement that action will be taken on tripartite basis in all matters except as defined by occ auths, or, if necessary, except in fields of reparation, restitution, displaced persons and war criminals, and matters affecting respective occ auths or personnel, such as maintenance of law and order, protection and security their forces, disciplining of and jurisdiction over occupation personnel and conduct of occupation courts. If necessary could also add “and any other fields which occ auths agree.”

  1. Repeated to Berlin as 174 and to Paris as 432.
  2. Ante, p. 32.
  3. Not printed.
  4. The text of the Military Governors Report to their governments, December 17, 1948, is printed in Foreign Relations, 1948, vol. ii, p. 650.
  5. Not printed.