Foreign Relations of the United States, 1950, Western Europe, Volume III

CFM Files: Lot M–88: Box 152: SFM Documents 1–40

Decision of the Foreign Ministers of the United States, the United Kingdom, and France With Regard to Germany ¹

secret

New York , September 19, 1950.

Document 37 (Final)

Decision of the Ministers on Germany

The Foreign Ministers of France, the United Kingdom, and the United States have approved the recommendations of report of the Intergovernmental Study Group on Germany of September 5 [4], 1950,² with the modifications contained in the report submitted to the Ministers in New York on September 16, 1950.³ They have agreed on a directive to the Allied High Commission for putting into force the agreed changes in the occupation controls, and for certain other measures resulting from this decision.

In addition, they have given a further directive to the Intergovernmental Study Group for the completion of their work. This will include the outstanding points not covered in the Study Group’s first report, and subsequently a further review of the relationship between the three Governments and Germany in the light of the present international situation. The Group has also been instructed to revise the Agreement on Prohibited and Limited Industries in accordance with agreed principles which have been laid down.

The Ministers approved the principles relating to the treatment of claims against Germany. They further approved the agreement relating to German Police, an agreement covering the security of Berlin and a communiqué on Germany.

Additional Recommendations Regarding the Report of the Inter-governmental Study Group on Germany

(The following document has been agreed upon by the Advisers on Germany of the three Delegations.)

i. settlement of points not agreed in the study group report

1. Restitution.

The power should be provisionally retained pending further study of the conditions necessary for its relinquishment.

2. Reparations.

The question of omitting the word “Reparations” does not arise at this time. The exercise of the power will be restricted as proposed in the Study Group Report.

3. Foreign Affairs—General.

The U.S.-French proposal is accepted on the following understanding: The power over foreign affairs is to be exercised only to the extent set forth in the Report, and for the period of the next phase of the relations between the Federal Republic and the Occupying Powers. The foregoing does not prejudice the position of the three governments in the case of a further revision of controls.⁴

4. Foreign Affairs—Diplomatic Representatives to Occupying Powers

The U.S.-French proposal is accepted for the period of the next phase of the relations between the Federal Republic and the Occupying Powers.

5. Foreign trade.

The U.S. proposal is accepted.

6. Form of the Revised Occupation Statute.

It is agreed that the High Commission should recommend to Governments the draft of a document amending the Occupation Statute to formalize the changes in the occupation controls.

7. Claims—Settlement plan.

This issue is dealt with in the Report on Claims.

8. Claims—Occupation costs.

These have been discussed and it is agreed that they should be deferred until the general peace settlement.

ii. settlement of additional points raised during the tripartite meeting

report on the occupation statute (substance)

1. Preamble to Paragraph 2 of the Occupation Statute.

The last sentence of the Study Group’s recommendations on this point should be omitted.

2. Decartelisation and Deconcentration.

Substitute “December 31, 1950” for “at the time of revision of the Occupation Statute” in the Study Group’s Report.

3. Foreign Interests in Germany.

The last sentence of the recommendation in the Study Group’s Report should be eliminated.

4. Report on Termination of the State of War.

The report submitted by the Study Group is approved on the understanding that action to terminate the state of war will be taken at approximately the same time by each of the three Occupying Powers. Agreement as to a date will be reached through diplomatic channels.

5. Report on German Cooperation Required to Warrant Relinquishment of Controls

No general undertaking will be sought from the Federal Republic regarding the treatment of foreign nationals, displaced persons and refugees as a necessary counterpart to the measures as a whole.⁵

Instruction to the Allied High Commission ⁶

In their Declaration of September 18,⁷ 1950, the Foreign Ministers of France and the United Kingdom and the Secretary of State of the United States have set forth the general principles which will guide their Governments in the next stage of their relations with the German Federal Republic.

The High Commission is instructed to take the necessary steps to put into force the agreed relaxations in the occupation controls as defined in the Report of Intergovernmental Study Group on Germany with the modifications contained in the Report submitted to the Ministers in New York on September 16, 1950. It is understood that the High Commission will have latitude to make necessary adjustments on points of detail and may propose to their respective governments additional modifications which in their judgment may be necessary.

Before any of the authorized relaxations can be made it will be necessary for the High Commission to obtain certain commitments from the Federal Government. These are:

(1) an undertaking on the part of the Federal Republic of responsibility for the German pre-war external debt, and in respect of the postwar economic assistance to the Western Zones, as well as an assurance of cooperation in the working out and implementation of a settlement plan;

(2) an assurance by the Federal Government that it will cooperate with the Western Powers in the equitable apportionment of materials and products which are or may be in short supply or required for the common defense.

These assurances should be given formally by the executive branch of the Federal Government, and the first should be endorsed by the Bundestag. The High Commission should not wait, however, for Bundestag approval, but should proceed with the modifications in the occupation controls as soon as the assurances have been given.

The High Commission will recommend to governments a draft of a document amending the Occupation Statute to formalize the changes in the occupation controls.

The High Commission should transmit to the Federal Government the formula and interpretative minute on the status of the Federal Republic approved by the Ministers.

The governments of the Occupying Powers will prepare an appropriate notification concerning treaties of the former German Reich and will give the High Commission any further instructions required on this subject.

The High Commission should proceed to require of the German authorities the action referred to in the last paragraph of the Study Group’s report on the termination of the state of war.

The Foreign Ministers have decided that the statement of principles governing the relationship between the Allied Kommandatura and Greater Berlin should be reviewed by the High Commission in the light of the decisions taken with respect to the Occupation Statute for the Federal Republic. The following principles should guide the High Commission in its work:

(i) For political reasons, the revisions of the Occupation Statute should be followed to the maximum extent possible in the Berlin Statement of Principles, while taking into account the special considerations arising out of Berlin’s position.

(ii) The reserved powers in the Statement of Principles which are not in the present Occupation Statute should also be revised so as to grant the maximum freedom to the Berlin City Government and people consistent with the special considerations mentioned above.

Directive to the Intergovernmental Study Group ⁸

I. The Study Group should reconvene in London by the end of October to prepare recommendations to the three Governments on certain subjects which were not completed during the first phase of its work and on certain additional matters which are now considered to require examination. These recommendations should cover the following subjects:

A. Revision of the Agreement on Prohibited and Limited Industries in accordance with the Directive agreed separately on this subject.⁹

B. Review of the Agreement on Tripartite Controls.¹⁰

C. Review of the Charter of the Allied High Commission after receiving recommendations of the High Commission.¹¹

D. Further study of the reserve power with respect to foreign interests in Germany, restitution.

E. Preparation of a plan for handling outstanding claims against Germany, in accordance with the agreed statement of principle.

With the exception of E, which will probably require continuing study, recommendations on the foregoing items should be submitted to the Governments by December 1.

II. The Study Group should undertake, at a time which will be determined by the three governments, a study of a further revision of the controls over Germany. The determination as to when this study will be undertaken will be made in the light of the international situation and the progress being made toward the establishment of common defense arrangements for Europe. The Study Group should propose, in the light of these circumstances and of the decisions which have been made by the governments at the time, what controls should be retained, how they should be exercised, and how the relinquishment of other controls should be effected.

It is contemplated that this revision would be in the form of a new self-contained Document setting forth the relationships between the Federal Republic and the Allies and superseding the present Statute as amended.¹²

III. As in the past, the Study Group will consult with the High Commission for information and may request the High Commission to assist in portions of its work.

IV. The Study Group should submit reports on its work to the three Governments whenever progress on any individual segment of the problems assigned to it makes this possible.

Agreement on PLI ¹³

(1) The Ministers direct the Study Group to proceed as soon as possible with a review of the Agreement on Prohibited and Limited Industries in order to revise it in accordance with the following principles:

(a) The elimination of restrictions which have proved to be unduly burdensome in administration.

(b) The elimination of security restrictions which within the framework of the present relations between Germany and the Occupying Powers appears justified.

(c) The elimination of restrictions which would impede the common defence programme of the West.

(2) As an interim measure, the Ministers instruct the High Commission to inform the Federal Government that the High Commission by unanimous agreement in consultation with the Military Security Board is free to permit steel production to rise so that steel which may be exported or otherwise devoted to the defence effort of the West will not reduce the amount of steel available for German consumption.¹⁴

(3) As an interim measure, the High Commission will announce the removal of all restrictions on size, speed and number of commercial cargo ships for export pending the study by the ISG of the removal of similar restrictions on shipbuilding generally.

Principles Relating to Claims ¹⁵

section i. undertaking to be sought from the federal republic

1. The Federal Republic should acknowledge the debt in respect of the expenditure on economic assistance furnished by the Governments of the US, UK and France in the occupation period since May 8, 1945 to the extent to which appropriate acknowledgment has not yet been made, and should affirm that the claims of the three governments will have the priority and status provided for in the agreement relating to such assistance. In seeking this acknowledgment, the three governments, for their part, will give appropriate assurance to the Federal Government that in the settlement of the claims referred to they will consider German ability to pay and other relevant factors.

2. The Federal Republic should assume responsibility for the prewar external debt of the German Reich including those debts of other entities subsequently determined to be liabilities of the Reich, and for interest payments and similar charges on Austrian Government securities falling due after 12 March, 1938 and before 8 May, 1945. In connection with the assumption of this responsibility, the Federal Government will be assured that in the determination of the manner in which, and the extent to which, the Federal Republic is to fulfil the obligations arising therefrom, account will be taken of the general situation of the Federal Republic, including in particular the effects of the limitations on its territorial jurisdiction.

3. The Federal Republic should also express its desire to resume payments on the German external debt and to cooperate in working out and implementing a settlement plan.

section ii. the settlement plan

1. The three Governments agree that a plan for the settlement of claims against Germany and Germans should be initiated at the present time on the condition that the total effect of the settlement does not dislocate the German economy through undesirable effects on the internal financial situation nor unduly drain existing or potential German foreign exchange resources, nor add appreciably to the financial burden of any Occupying Power. The settlement arrangements should assure fair and equitable treatment of the interests affected and remove as far as practicable obstacles to normal economic relations between the Federal Republic and other countries.

The plan should include in particular those categories of claims whose settlement would best achieve the objective of normalizing the economic and financial relations of the Federal Republic with other countries.

2. The arrangements to be worked out with regard to the settlement of any claim against Germany or Germans should be on a basis agreed by the three Governments.

3. Provided that a settlement plan is worked out in accordance with the principles outlined in the preceding paragraphs and provided further that agreed procedures and controls are established that will govern this settlement plan and all payments made under it, whether in foreign exchange or Deutschemarks, the three Governments agree to modify the priority of their claims in respect of postwar economic assistance to the extent necessary to permit the fulfillment of such an agreed plan. This qualified modification of the priority of claims in respect of postwar economic assistance should not preclude the continued fulfillment of the obligations which the Federal Government has already incurred under existing agreements concerning such claims.

4. The plan should provide for the settlement both of pre-war external public and private debts of all types and of claims for postwar economic assistance.

The plan should also provide for the settlement of certain claims in connection with social insurance operations and with the conversion into Deutschemarks of Reichsmarks brought back from Germany by repatriated prisoners of war and deportees, if these claims have not been disposed of before the establishment of the plan.

Consideration shall also be given to inclusion in the plan of certain other pre-war debts to residents of foreign countries which may not be strictly classifiable as external. The three Governments reserve decision on the question of internal Reich debts held by residents of foreign countries.

The settlement plan should not apply to the external debts of the city of Berlin and of the public utility enterprises controlled by it.

5. In the light of previous Agreements on this matter the three Governments have decided to exclude from the settlement plan claims relating to war damage to United Nations property in Germany.

6. The regulation of expenditure on external Occupation Costs is a subject normally dealt with in a peace treaty. It should therefore be deferred until a general peace settlement.

7. To carry out the proposals outlined above, and without prejudice to the retention of powers for other purposes, the Occupying Powers will retain reserve powers under the Occupation Statute in the field of foreign interests, claims against Germany and foreign exchange, to the extent necessary to provide for an orderly settlement of claims against Germany.

8. The settlement plan to be worked out in accordance with the above recommendations will be provisional and subject to revision when Germany is reunited and a final peace settlement becomes possible.

9. Further consideration must be given to the technical problems involved in the settlement of indebtedness, including the need to permit of adjustment in the light of changed circumstances, and to the working out of arrangements for the appropriate participation of other interested governments and of debtors and creditors. The Intergovernmental Study Group is instructed to formulate the settlement plan and work out the procedures and controls to govern it, in accordance with the principles outlined above.

Agreed Minute

I. The High Commission will be instructed to examine as a matter of priority the questions of:

(a) The status of Reichsmark balances of banks in territories annexed by Germany during the war which have not been converted into Deutschemarks;

(b) The status of the unsettled debit balances of German insurance companies in these territories;

(c) The problem of accounts of persons resident in these territories which were transferred to banks in the Western Zones.

The territories referred to above are Alsace-Lorraine, Luxembourg, and portions of Belgium.

II. There would be no objection to it being made publicly known that the foregoing problems are under examination by the High Commission.

III. The French Government reserves the right, if the problems referred to above are not decided within a reasonable period of time, to raise the matter for discussion at the governmental level.

German Mobile Police Force ¹⁶

1. In his latest proposal the Federal Chancellor has asked for authority to create a Federal German internal security police force of 25,000 men in the first phase, to be increased to 60,000 men, after which the number would have necessarily to be reconsidered.

2. The High Commissioners recommend that the Chancellor should in reply be informed that the Foreign Ministers do not see their way to sanctioning this proposal as it stands, partly on grounds of principle and partly because the required Constitutional amendment would make it impossible to provide for German internal security with the speed and urgency required by the present situation.

3. Nevertheless the Foreign Ministers are impressed by the case which the Federal Chancellor has developed, and are anxious to meet him so far as possible. They are accordingly prepared to agree to the formation of a security police force on a Land basis, with a total initial strength of 30,000 subject to review. This force would have no normal powers of arrest, and would not perform routine police duties, but would be trained and used solely for the preservation of public order. Its units would be housed in barracks and equipped with light arms only.

4. In order that the force should be effective and in order to ensure that it should be at the disposal of the Federal Government in the event of any threat to public order, the Ministers agree that the High Commissioners may authorize the Germans to proceed on the following basis:

(1) There may be an Inspector General of the new security force.

(2) There may be a uniform system of recruitment, training and equipment.

(3) The Federal Government may prescribe standards for the recruitment of the force and the selection of the senior officers in such a manner as to ensure its efficiency and reliability.

(4) The various Land contingents may be determined and stationed not on the basis of the population but with regard to the situation in each Land and in particular the need for making a special provision for these Laender where public disturbances are most likely to occur.

(5) The financial contribution of the Laender may nevertheless be spread evenly over each Land.

(6) The Federal Government may assume authority over the whole force in time of emergency in accordance with Article 91 of the Basic Law.

5. In view of the Communist threat to instigate and carry out sabotage, civil disorder and resistance, the High Commission will have no objection if the Laender keep a portion of the mobile force not exceeding 25% of the whole in a special state of readiness so as to be able to discharge promptly any instructions of the Federal Government issued pursuant to Article 91 of the Basic Law.

Agreement on Berlin Security ¹⁷

The Foreign Ministers of the United States, Great Britain and France agree that their Governments shall take the two following steps to maintain their position in Berlin:

1. Build up Berlin fuel and non-perishable food stocks to one-year’s supply with rationing.

2. Reaffirm that counter-blockade measures against Soviet interference with Berlin transport will be taken in degrees commensurate with the Soviet or DDR interference. Direct the High Commission to prepare plans for such action at once.

3. Request the NAT countries to cooperate in such counter-blockade action and, while it is going on, to restrict their trade with the rest of the Soviet orbit to a level at most no higher than in the period preceding the action.

4. Strengthen Allied forces in Berlin by the assignment prior to 1 January 1951 to that garrison of additional French, British and United States units and authorize the formation of German auxiliary forces there.

5. Make clear that the Soviet Union is responsible for any attack upon Berlin or Western Germany by the East German forces inasmuch as they are in occupation of the Eastern zone. In the event of an armed attack from whatever source, defend Berlin by force, bring the relevant provisions of the North Atlantic Treaty into effect, and present the issue to the United Nations.¹⁸

Communiqué on Germany ¹⁹

The Foreign Ministers have reviewed the situation in Germany and Allied relations with the Federal Republic, in the light of developments since their last meeting in London in May 1950. They have taken into account in their examination the views which have been expressed on recent occasions by the Government of the Federal Republic.

They and their Governments share the desire of the German people for the unification of Germany on a basis which respects the fundamental liberties. Despite their efforts to achieve this end, it will obviously not be realized so long as the Soviet Union continues to ignore proposals for democratic all-German elections, and to stage controlled elections such as the one to be held in the Soviet Zone on October 15.²⁰ Pending the unification of Germany, the three Governments consider the Government of the Federal Republic as the only German Government freely and legitimately constituted and therefore entitled to speak for Germany as the representative of the German people in international affairs.

They reaffirm their desire, of which they have already given many proofs, to integrate the Federal Republic into the community of free nations. They are convinced that the overwhelming majority of the German people want to take part in building the European community, and in strengthening its common civilization. It appears to them that the time has now come to take a new step towards the attainment of these aims.

In the spirit of the new relationship which they wish to establish with the Federal Republic, the three Governments have decided, as soon as action can be taken in all three countries in accordance with their respective constitutional requirements, to take the necessary steps in their domestic legislation to terminate the state of war with Germany.

This action will not affect the rights and status of the three Powers in Germany, which rest upon other bases. It will, however, create a firmer foundation for the developing structure of peaceful and friendly relationships and will remove disabilities to which German nationals are subject. It is hoped that other nations will find it possible to take similar action in accordance with their own constitutional practices.

The three Ministers have given serious consideration to the problem of the security of the Federal Republic in both its external and its internal aspects. They recognize the fact that outright military units have been created in the Soviet Zone of occupation and this fact together with recent events in Germany and elsewhere have given rise to a situation of great concern.²¹

The Allied Governments consider that their forces in Germany have in addition to their occupation duties also the important role of acting as security forces for the protection and defense of the free world, including the German Federal Republic and the Western sectors of Berlin. To make this protection more effective the Allied Governments will increase and reinforce their forces in Germany. They will treat any attack against the Federal Republic of [or] Berlin from any quarter as an attack upon themselves.

The Ministers are fully agreed that the recreation of a German national army would not serve the best interests of Germany or Europe. They also believe that this is the view of the great majority of the German people.

The Ministers have taken note however of sentiments recently expressed in Germany and elsewhere in favor of German participation in an integrated force for the defense of European freedom. The questions raised by the problem of the participation of the German Federal Republic in the common defense of Europe are at present the subject of study and exchange of views.²²

As regards internal security, the Foreign Ministers recognize the necessity for ensuring that the German authorities are enabled effectively to deal with possible subversive activities. To this end the Foreign Ministers have agreed to permit the establishment of mobile police formations organized on a Land basis but with provisions which would enable the Federal Government to have adequate powers to make effective use of all or part of this force in order fully to meet the exigencies of the present situation. The High Commission and the Allied Forces in Germany will render such assistance as may be feasible in the rapid establishment of this force.

The new phase in the relations between the Allies and the Federal Republic will be marked by major extensions of the authority of the Federal Government. To make this possible, the Occupying Powers are prepared to amend the Occupation Statute while maintaining the legal basis of the occupation, and the Federal Republic will be expected to undertake certain commitments and other actions consonant with its new responsibilities.

In the field of foreign affairs, the Federal Government will be authorized to establish a Ministry of Foreign Affairs and to enter into diplomatic relations with foreign countries in all suitable cases. In other fields, and particularly in relation to internal economic matters, far-reaching reductions will be made in existing controls, and the present system of review of German legislation will be modified. In certain cases, the Allied powers will cease as soon as the Federal Government has given undertakings or taken suitable action. The High Commission will promptly begin discussions with the Federal Government to work out the necessary agreements for such undertakings.

The Foreign Ministers have also agreed that a review of the Prohibited and Limited Industries Agreement shall be undertaken in the light of the developing relationship with the Federal Republic. Pending this review the High Commission has been instructed to remove forthwith all restrictions on the size, speed and number of commercial cargo ships built for export²³ and to allow steel to be produced outside the present limitation where this will facilitate the defense effort of the West.

The three Governments pay tribute to the continued steadfastness of the people of Berlin in the valiant struggle of the city to preserve its freedom. They will continue to oppose aggression in any form against the people of the City, and are taking steps to strengthen Allied Forces there. In view of the heavy price Berlin has had to pay to defend its freedom, the Governments will continue their efforts to alleviate its economic situation. They have directed the High Commission to review the Statement of Principles governing the relationship between the Allied Kommandatura and Berlin, and to liberalize Allied controls in the city to the maximum extent practicable.

These decisions mark an important stage in the normalisation of the relations and should contribute towards the creation of an atmosphere of mutual confidence and understanding. They represent a major advance toward the progressive return of Germany to partnership in Western Europe and the consolidation of the Western nations in their efforts to establish a firm basis for the future peace of Europe and the world.²⁴

1. Attached to the source text was a cover sheet, not printed, which indicated that the papers in Document 37 (Final) were approved by the Foreign Ministers at their fifth meeting on September 18. The previous draft, Document 37, September 16, had been revised (as indicated in footnotes below) on the basis of comments and suggestions by the Foreign Ministers. (CFM Files: Lot M–88: Box 152: SFM Documents 1–40)
2. Ante, p. 1248.
3. Presumably Document 37.
4. The last sentence of paragraph 3 was not present in Document 37.

5. In Document 37, paragraph 5 reads:

   “No undertaking will be sought from the Federal Republic regarding the treatment of foreign nationals, displaced persons, and refugees.”

6. Among the records of the Foreign Ministers meeting is another draft of this instruction submitted by the United States Delegation on September 13 and designated Document 30, not printed. The format and problems considered are identical with those presented in the source text, but the text is different. (CFM Files: Lot M–88: Box 152: SFM Documents 1–40)
7. The date was left blank in Document 37.
8. Among the records of the Foreign Ministers meeting is another paper entitled “Draft Directive to the Intergovernmental Study Group,” Document 29, dated September 13, not printed, submitted by the United States Delegation. Except for the addition of a preamble and another text for paragraph II, its text is generally the same as that printed below. (CFM Files: Lot M–88: Box 152: SFM Documents 1–40)
9. For text of the Agreement on Prohibited and Limited (Restricted) Industries, see Germany 1947–1949: The Story in Documents (Washington, Government Printing Office, 1950), p. 366; for text of the Directive, see the Agreement on PLI, below.
10. For the text of the agreement on Tripartite Controls, see Foreign Relations, 1949, vol. iii, p. 181.
11. For text of the Charter of the Allied High Commission, see Germany 1947–1949: The Story in Documents, pp. 306–316.

12. The text of section II in Document 37 was unagreed and reads:

    “[II. US–UK proposal: The Study Group should after a lapse of time sufficient to permit the necessary preparatory work by the Governments and in any event not later than November 15, address itself to the consideration of a further revision of controls when satisfactory progress has been made toward a common defense, with which Germany is associated. It should propose, under these conditions, what controls should be retained and how they should be exercised. It should also propose how the relinquishment of other controls should be effected.]’

13. Two other papers in the records of the Foreign Ministers meeting bear the title “Draft Agreement on PLI.” The first, Document 26, dated September 13, not printed, was submitted by the United States Delegation and is similar to the text below; the second, Document 35, dated September 14, apparently a revision of the first, is identical with the draft agreement in Document 37 as indicated in the following footnote. (CFM Files: Lot M–88: Box 152: SFM Documents 1–40)

14. In Document 37 the words “by unanimous agreement” were not present and there was an alternative French formula for paragraph 2 which reads:

    “The Ministers agree that the quantity of steel exported which the Military Security Board rules as being devoted to increase the industrial potential of Western defence shall not be included in the steel tonnage which Germany is authorized to produce.”

15. There was no paper on Claims in Document 37, but a parenthetical note indicated that one would be submitted.
16. Classified top secret in Document 37, the paper on German Mobile Ponce Force is the same as Document 36, not printed (CFM Files: Lot M–88: Box 152: SFM Documents 1–40).
17. Entitled “Draft Agreement on Berlin Security” and classified top secret in Document 37, it is a revision of Document 27 (Revised), p. 1283.

18. In Document 37 there follows a paragraph 6 which reads:

    “6. If the Soviet Union should take steps to legally dissociate themselves from any responsibility for action by the East German government, the Occupying Powers agree that they will still hold the Soviet Union responsible for any infringement of the rights of the Occupying Powers by East Zone forces against Berlin or Western Germany. In the event of such action or at a time best calculated to deter or prevent such action, the Western Powers should publicly announce such position.”

19. Entitled “Draft Communiqué on Germany” and classified top secret in Document 37. The text of another draft communiqué, submitted to the Foreign Ministers by the United States Delegation on September 13 and designated Document 30, not printed, is in CFM Files: Lot M–88: Box 152: SFM Documents 1–40.
20. Documentation on all-German elections and the October 15 elections in the Soviet Zone is scheduled for publication in volume iv.
21. The last sentence of this paragraph reads as follows in Document 37: “They have been compelled to take into account the threat to world peace which arises from the creation of a German army in the Soviet Zone of occupation.”

22. In Document 37 this paragraph was part of the preceding paragraph and reads:

    “They have taken note of the Chancellor’s statement of the willingness of Germany to participate in a unified European defense, and they recognize the anomaly of refusing the German people any part in that defense. This matter will continue to be studied and will be the subject of discussions with the German authorities, as well as other free European governments. At a time, under conditions and in a form to be determined, the Federal Republic will be given the opportunity to participate in the common defense of Europe.”

23. The text beyond this point in Document 37 was not agreed. The U.S.–U.K. proposal reads “and to find means of giving greater flexibility,” while the French proposal reads “and to find means, while maintaining the imposed limitations, of giving greater flexibility.” The last part of the text was agreed and reads “in the production of steel in the light of the common defense needs.”
24. The text of the communiqué on Germany was released to the press on September 19.