762A.0221/10–250: Telegram

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

secret

2501. Fol are Dept’s comments for your info and guidance in HICOM negots on application to Berlin certain new arrangements for Germany decided on by Fon Mins:

I. Statement of Principles.2 Dept has reviewed Statement of Principles in light fol considerations:

1.
Present Statement reflects “exceptional circumstances” of Berlin blockade during which it was drafted.
2.
Certain these “exceptional circumstances” still exist, such as exposed geographical position Berlin and continuing determination Sovs weaken and eventually destroy Allied position there. Other circumstances in part balancing these are genuine democracy Berlin govt and people, their unceasing will resist Sov pressure, and good spirit cooperation between Allied and Ger auths there. Under criteria laid down in London Fon Mins communiqué May 1950, Berliners are thus entitled appreciable reduction of occupation controls, wherever such can be granted with safety.
3.
All relaxations controls are useful for propaganda against Sovs.
4.
Unless there are specific and important reasons for retaining each given power which will not also be retained in West Germany, it shld be dropped. Mere fact of special exposed position Berlin is not sufficient justification for retaining any given power.

[Here follows the United States position on specific paragraphs and subparagraphs of the Statement.]

II. Berlin Status and Status of Treaties. Berlin is not expected participate directly in fon relations and no formula defining its legal status therefore seems necessary or desirable at this time.

Since Berlin shld be permitted delegate fon representation powers to Fed Rep, reactivation former Ger treaties shld be done in such a way Berlin can be included wherever appropriate.

III. Claims. It does not seem necessary obtain any commitments from Berlin relating claims at this time.

IV. Termination State of War. Consultation shld occur between Kommandatura and Berlin auths on eliminating from Ger domestic law any ref state war and its consequences respecting Allied govts and their natls.

Other aspects Fon Mins agreements on ISG items not applicable Berlin as yet.3

Webb
  1. Repeated to Berlin as 119.
  2. For the text of the Statement of Principles Governing the Relationship between the Allied Kommandatura and Greater Berlin (the “Little Occupation Statute”), May 14, 1949, see Germany 1947–1949: The Story in Documents (Washington, Government Printing Office, 1950) pp. 324–326.
  3. For documentation on the work of the Intergovernmental Study Group on Germany (ISG), see pp. 737 ff.