740.00119 Control (Germany)/1–2749: Telegram

The Secretary of State to the Acting United States Political Adviser for Germany (Riddleberger), at Berlin


358. Fol is Dept’s general thinking on German representation abroad as requested urtel 138, Jan 27.1 These views are for your present [Page 227] guidance and subject to further consideration as issues are developed in greater detail.

Consular representation. Dept agrees with position expressed current draft Occupation Statute that Germans may have commercial reps abroad who “may be entrusted with such consular functions as may be agreed by occupation authorities”. See London’s 316, Jan 26 to Dept rptd Berlin 60.1 French have objected to such reps having full title and status of consul, but all delegates at Occupation Statute talks in London “agreed in principle that the Germans might have representatives abroad performing administrative consular functions providing such representatives have no representative capacities” (London’s despatch 106, Jan 242). You may therefore assume that German reps with some designation other than consul will be authorized, subject always to approval of occupation authorities, to perform all usual consular activities. We have in mind two major exceptions, travel control and protection. Policy on travel control should be established and closely supervised by occupation authorities, particularly since movement of persons into or out of Ger is one of powers specifically reserved to occupation authorities under Occupation Statute. Once Ger Govt established and satisfactory control maintained occupation authorities might at their discretion authorize Ger Govt either directly or through its reps in field to issue travel documents and visas for entrance into Ger subject to basic criteria established by occupation authorities. With respect to protection, while Ger reps may deal with local authorities in process of safeguarding interests of Ger nationals abroad, they must not assume to act on behalf of Ger Govt, unless they have been so authorized by occupation authorities in specific case, or until decision has been made to allow Germans to have their own direct dipl representation. We appreciate difficulty of preventing Ger administrative officials from acting in any representative capacity, but main purpose is to keep them from action or formulation of policy in fields reserved to occupation authorities, or from becoming even partial equivalent of dipl reps.
Commercial representation. In this field approach would be similar to that in para a. Reps should perform usual services, but particularly trade promotion and economic reporting which are probably most immed needs of Trizonal area. Whether commercial reps would be same individuals as those performing consular functions would depend upon volume of work in particular missions, qualifications of personnel, etc. As in para a, protective functions should not lead to direct representation of Ger Govt, and commercial [Page 228] reps should not negotiate commercial agreements or speak for Trizone on matters of economic policy without specific authorization by occupation authorities.
International Conferences. Occupation Statute already provides for Ger representation at internatl conferences attended by one or more of occupying powers. Occupation authorities would transmit invitations to Ger Govt, approve members of Ger delegation, and approve any proposed international obligation negotiated by such delegation. We expect that at first Germans would participate only in technical conferences and that participation in political conferences would come later, when dipl representation is authorized. We do not, however, want to specify definite time period now and prefer leave to occupation authorities decision re character of conferences Germans may attend. We do not think possible questions concerning recognition of Ger state need interfere with full Ger participation in technical conferences as soon as provisional Govt is estab.

Dept tentative view is that problem Ger membership internatl agencies and accession internatl conventions can be dealt with on same basis as representation internatl conferences.

Dept assumes all above activities Ger reps to be coordinated under a central bureau or agency Ger Govt which in turn would be supervised and directed as necessary by occupation authorities. Consider desirable direct control Ger field reps by occupation or allied authorities be avoided or held to absolute minimum. Ger central agency would be closely associated with CTB, JEIA and other appropriate occupation agencies dealing with Ger external matters with prospect progressive transfer additional functions and more independent responsibilities to Ger agency by occupation authorities at their discretion with respect degree and timing.

Re number and size Ger offices abroad, Dept believes these questions should be handled on ad hoc basis with regard immed needs, qualifications Ger personnel, and anticipated drain such offices on Ger foreign exchange. Initial estab limited to small offices in countries with which Ger has large volume of trade might be followed by gradual increase in number offices and enlargement personnel and functions as justified by later developments. In case of US, will consider later on question Ger representation and status Interim Office Ger Affairs now authorized handle consular matters for Germans here. It is recognized attitude receiving country may affect precise status and functions of Ger offices abroad.

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