396.1–ISG/10–1150: Telegram

The Secretary of State to the Office of the United States High Commissioner for Germany, at Frankfort1

top secret

2715. Although basic elements our position on PLI for ISG negots Oct. 24 in London are fairly firm, as result our exchange views on problem last Aug and Ministers Directive to ISG,2 there are several problems, mainly connection items in Sched A of Law 243 (which stems for [from?] Sched A of ACA Law 43) on which our position must, for time being, be most tentative. As result the paper which we airpouched you Oct. 114 merely notes existence these problems and indicates further instrs will be sent to our people London.

Of these problems question of equipment for enlarged police force5 and of mil equipment in general are two major ones. On first wld like receive soonest outline your thinking and of results any discussion you have had with Brit and Fr. In our view you must reach agreement in HICOM on types and numbers of weapons which police shld have and dates on which equipment is required. However, we have some question whether you shld try determine in HICOM at this time whether all or some of police equipment shld be produced in Ger, and, re equipment which it may be desirable produce in Ger, what controls shld be established over its production. Presumably any discussion these controls will involve consideration of closeness of control required, in terms of licensing of production of specific types equipment, in specific quantities, and perhaps in specifically licensed and controlled facilities. If you believe you shld discuss this problem in HICOM before it has been discussed in PLI negots in ISG let us know. However, as result of uncertainty surrounding Defense Mins proposals (Secto 45, Sept. 236) we will, in any case, have to find an appropriate formula for dealing with this problem in PLI negots and we wish outline of your ideas and tentative plans.

Re mil equipment in genl we are, above all, conscious of necessity of proceeding with greatest care. In no case wld we wish prejudice [Page 767] Defense Mins discussions beginning Oct. 28,7 by premature discussion. Our own views are not yet formed. Nevertheless if the Defense Mins discussions go well we may desire open subj of mil equipment in genl in PLI negots, presumably in order put forward proposal that HICOM be permitted, under fairly closely defined conditions, to authorize production of some military end-products. Bulk of production we expect at this time to require from Ger lies outside range of mil end-products, although not necessarily outside range of products prohibited in Sch A. We therefore wld expect clear way for production latter items, as they may be required, in revision of PLI already determined on and covered in our draft instr to ISG Del8 and in our request to you for suggestions for elimination from Sched A of equipment not strictly weapons but necessary to mil force. Obviously Western defense program need for general industrial materials and equipment, including tools and dies, well as probable Fr and Brit preference for limiting Ger support of defense effort to production of such goods, will affect nature of any proposal we may consider putting forward. In addition we must proceed with great care along these roads, considering security of position at end of road, when Ger must not be independent of others in mil materials, particularly offensive power. We will try equip Amb. Douglas with guidance with respect to elimination of items from Schedule A which are identical with or only slightly different from civilian products but were prohibited because of their mil end-use, and with respect problems of equipment for police force, but will await outcome Defense Mins discussions before deciding U.S. approach to Ger mil equipment in genl. Shall, however, follow Defense Mins discussions closely, and see that you receive full reports so that as results of mtgs become clear we will be in position consider whether to raise problem in ISG discussions and in what manner.

  1. Repeated to London as Tosig 156 and to Paris as 1885.
  2. For the text of the Foreign Ministers Directive to the ISG, see Document 37 Final, vol. iii, p. 1286.
  3. For the text of Allied High Commission Law No. 24, “Control of Certain Articles, Products, Installations and Equipment”, see Laws, Regulations, Directives and Decisions of the Allied High Commission for Germany, from September 21, 1949 to September 20, 1950 (Bonn-Petersberg, Allied General Secretariat, no date), pp. 74 ff.; Schedule A listed weapons, vehicles, and products of which the manufacture, production, import, export, or possession by the Federal Republic was prohibited.
  4. The paper under reference has not been identified further.
  5. For documentation on the creation and arming of the Federal police, see pp. 678 ff.
  6. Ante, p. 723.
  7. For documentation on the NATO Defense Ministers discussions in Washington, beginning October 28, see vol. iii, pp. 1 ff.
  8. Not found in Department of State files.