740.00119 Control (Germany)/9–2649: Telegram
The Acting Secretary of State to the Office of the United States High Commissioner for Germany, at Frankfurt
1760. Question of Ger participation in Ruhr Authority discussed with Parkman on basis OMGUS telegram CCF 1245 Sept 171 and Kimmel’s report in USPolAd telegram 2333 from Frankfort Sept 16 (OMGUS–CCF 1220).2 As Dept understands point raised at joint Commission–IAR meeting, question is what acts may constitute sufficient assumption by Ger Govt of responsibilities under agreement so that Gers may be authorized to vote in accordance with Article 9(c). Such assumption may be “by accession or by other means.” Phrase “other means” originally intended to cover such methods as peace settlement.
Agreed here desirable Gers send voting representative to IAR soonest, and Dept appreciates possible difficulties in technical accession by Ger Govt. However, proposal to allow Gers assume responsibilities merely by appointing voting representative does not seem satis. In addition to objections mentioned CCF–1245, implied assumption of responsibility by Gers wld leave precise extent their responsibilities undefined, and they wld be in position dispute scope of their obligations at any time. This cld make IAR operations wholly ineffectual.[Page 488]
Dept considers it essential Ger assumption of responsibilities under Ruhr agreement be in no way ambiguous. Ger Govt should not have preferred position, but shld be committed to agreement as clearly and definitely as signatory powers are committed by their approval of it. This need not be done by instrument of accession under Article 31, but it shld be done by some commitment or undertaking recognized as binding by Ger Govt. While form is not important and Gers may prepare undertaking themselves, High Comm shld ensure it contains statement of obligations satis to occupying powers.
Dept feels such statement must contain acceptance of all responsibilities and obligations which devolve on Ger under Ruhr agreement. However, if Gers are unwilling to commit themselves with respect to unknown future agreements or arrangements for transfer of powers under Articles 18 and 19, Dept wld not object their specifying that assumption of responsibilities by them does not extend to responsibilities under powers which may in future be assigned to IAR pursuant to those Articles. Language this effect wld have to be carefully examined before acceptance, in order to prevent Gers taking opportunity to make formal reservation concerning powers presently exercised by occupation auths which might ultimately be transferred under Articles 18 and 19.
Unless you have further objections, request you discuss foregoing with Brit and Fr in order to reach agreement to proceed along these lines, with opportunity for Dept to consider in advance substance of any proposed Ger statement. Believe also desirable as matter of comity contents of any Ger statement be likewise discussed with other signatory govts, even though their approval not required by Article 9(c) on question what constitutes assumption of responsibilities.