396.1 LO/5–650: Telegram

The United States Delegation at the Tripartite Preparatory Meetings to the Secretary of State
secret

Secto 169. Following is text of paper on policy towards Germany for discussion by Ministers referred to in Secto 162, May 5:

  • “1. The objective defined in Petersberg Agreement as ‘the incorporation of the Federal Republic as a peaceful member of the European community’ remains the essential aim of Allied policy in Germany.
  • 2. The next move in direction of closer association with West must come from German Government themselves in the shape of acceptance of outstanding invitation to enter Council of Europe. The initiative in this matter has already been taken by Allies who have secured the issue of invitation. Any further advance on Allied side before Germans have accepted it, as they clearly indicate their intention to do in the Petersberg Agreement, should not be contemplated.
  • 3. At same time, assuming that in near future the Federal Government does accept invitation, the Allied government should agree on a long range program towards Germany providing for progressive relaxation of controls, it being understood that Allied Powers intend to retain supreme authority over Germany in the present condition of Europe. It should be their object to convince the Federal Government that progress towards the common objective must be by means of an orderly sequence of advances on both sides. This process of evolution should take place on the basis that the continuation of the occupation regimes affords the best condition for the association of Germany with Europe without compromising the principle of German unity and affords the greatest measure of security to the Federal Republic.
  • 4. This program should consider in particular following points:
    (a)
    Allied intervention in German internal administration.
    (b)
    The security restrictions placed on German industry.
    (c)
    The conduct of Foreign Affairs, it being understood that Allied authorities would in any case retain certain ultimate powers in this field but desire to facilitate the full participation of Germany in the Council of Europe.
    (d)
    The interpretation of the occupation statute and the working of the machinery of the HICOM with special attention to:
    (i)
    The liberal intentions expressed in the statute itself and in the unpublished memorandum of April, 1949 on principles governing the exercise of powers and responsibilities.1
    (ii)
    The use of the agreed voting machinery in order to ensure prompt decisions.

A working party should be set up to consider in particular points (a) (b) and (c), so as to be able to report by September 30, 1950. As regards (d) it is recommended that general instructions in this sense should be issued by the Ministers as a result of their meeting.

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5. It should be understood that the relaxation of controls would take place in general by unilateral action of the Allied governments and not by contractual arrangements. This does not preclude possibility of concluding with the Federal Government, according to the precedent of the Petersberg Agreements, special arrangements of a practical nature. The possibility of a separate peace settlement with Western Germany should not be contemplated.

It would be undesirable that any indication should be given of the further advance which might be made on the Allied side prior to German entry into Council of Europe. German entry in due course may be assumed as probable but there should be no appearance of bribing or pressing Germans into the Council. If and when Germany accepted invitation the meeting of the assembly would provide an occasion for sketching in general terms the advances which Allies might make but these should not be stated in so concrete a form as to enable Germans to claim that they were unconditional promises.”2

Sent Department Secto 169, repeated Paris 767, Frankfort 208.

  1. For the text of the Agreement as to Tripartite Controls, signed at Washington on April 8, 1949, see Foreign Relations, 1949, vol. iii, p. 178.
  2. The text of this paper with the addition of the following preamble was designated TRI/P/22 in the records of the conference:

    “As a result of general discussion it was agreed that the following points should be submitted to the Ministers for consideration in the light of other papers dealing with the question of Germany and the future of Europe.” (Conference Files: Lot 59 D 95: CF18)

    With the change of the word “full” in subparagraph (c) to “fuller” and the substitution of the word “treaty” for “settlement” in the last sentence of paragraph 5, the paper was submitted to the Foreign Ministers as MIN/TRI/P/7 (ibid., CF 20).