740.00119 Control (Germany)/12–149: Telegram

The Secretary of State to the Office of the United States High Commissioner for Germany, at Frankfurt


3113. Urtel 54 Dec 1 from Bonn.1 Re German application for membership in IAR, Dept prefers procedure under Article 31 rather than Article 9(c). Accession is primary method contemplated by Ruhr Agreement and it is customary procedure by which nation becomes party to agreement which it has not signed. Usual instrument of accession contains clear and unequivocal statement of assumption of responsibilities, so in that respect Article 9(c) offers no advantage. Furthermore, Dept considers it desirable to have acceptability of German adherence determined by full panel of signatories, rather than by occupying powers alone. See no reason for approving German membership without Benelux countries, unless there are factors of which Dept is not aware.

Dept’s earlier telegrams (1760 Sept 26 and 2104 Oct 132) expressed indifference as between procedures under Articles 9(c) and 31, but at that time HICOG regarded accession as politically difficult for German Govt and alternative procedure was being considered. Dept believes situation has changed sufficiently with Petersberg Agreement3 so that Germans should be required to accede in usual manner.

Usual wording of instrument of accession would be as follows:

“The Federal Republic of Germany hereby accedes, in accordance with Article 31 thereof, to the Agreement for the Establishment of an International Authority for the Ruhr signed April 28, 1949, and [Page 500] declares that it will assume and faithfully observe all obligations and responsibilities of the German Government set forth in the provisions of the said Agreement.”

  1. Supra.
  2. Neither printed.
  3. For the text of the Petersberg Protocol, see p. 343.