740.00119 Control (Germany)/12–549: Telegram

The United States High Commissioner for Germany ( McCloy ) to the Secretary of State


58. From Parkman, USDel IAR. Re Bonn’s 54; December 1,1 as chairman of IAR, I am sending to Chancellor Adenauer letter of acknowledgement in substance as follows:

“The Council of the Allied High Commission has forwarded me Your Excellency’s letter dated 30 November 1949,2 requesting the admission of the Federal Government to the International Authority for the Ruhr.

It is with great pleasure that I acknowledge receipt of this communication on behalf of the Authority. I would like to add that I am sure that this news will be received with equal satisfaction by all the representatives to the Council of the Authority. This was clearly indicated in the welcoming speeches which were made when Dr. Bauer was introduced as delegate of the Federal Government in accordance with Article 4, first sentence, of the agreement by which the Authority was established.

I believe I am right in interpreting the request of Your Excellency as follows:

The Federal Government, having exercised its right under Article 4, first sentence, of the agreement, now desires to take advantage of Article 4, second sentence, and to send to the Council a representative entitled to vote, and an alternate.

The agreement provides two procedures to accomplish this purpose:

The formal accession provided for under Article 31 by executing an instrument by means of which the German Government undertakes to assume its responsibilities under the agreement. It has been agreed that no additional provisions will be required.
Another procedure, alluded to in Article 9 by the words “or by other means.” This refers to another means of assuming the responsibilities incumbent upon Germany under the terms of the agreement. Article 9 stipulates that it is for the occupying powers concerned to decide that, either by acceding or by other means, Germany has assumed the obligations provided for under the term of the statute, whereupon the German votes may be cast by the German representative.

I should be happy to receive Your Excellency’s confirmation that [Page 501] I have thus interpreted accurately the intention of the Federal Government. Should the procedure set forth in Article 31 be followed, the Authority would be glad to assist in the preparation of the text of the instrument to which the Federal Government would subscribe. Should the other procedure be followed, agreement with the occupying powers concerned would be advisable, since a decision by these powers that the German Government has assumed the obligation incumbent upon Germany under the terms of the agreement must precede the exercise of the right to vote by the German representative (Article 9).

I would therefore be grateful if Your Excellency would let me know as soon as possible whether Your Excellency agrees to this interpretation of the situation in order to enable me to inform the Council of the Authority.”

A confirmation from the Chancellor of the interpretation set forth in above draft would constitute, in my opinion, part of an exchange which, when followed by letter from Adenauer to High Commission and reply from High Commission, would constitute that assumption of responsibilities contemplated by the agreement as prerequisite to the right to cast the votes allocated to Germany. In my view, statements made by Adenauer in Parliament would seem to preclude any formal instrument of accession under Article 31.

This subject will be more fully discussed with other national representatives of Council IAR at informal meeting this evening preceding formal session scheduled for Tuesday December 6 at 3 p. m.3

  1. Ante, p. 498.
  2. Transmitted in telegram 54, December 1, p. 498.
  3. In telegram 3146, December 5, to Frankfurt, not printed, Parkman was instructed to refer to telegram 3113, supra, before sending the letter of acknowledgment, since it gave the reasons for the Department of State’s preference for accession under Article 31. Parkman was also told that the determination of the method of application by the Federal Republic should be made by the Allied High Commission rather than by the Chancellor. (740.00119 Control (Germany)/12–549)