Foreign Relations of the United States, 1951, European Security and the German Question, Volume III, Part 2

398.10–GDC/8–451: Telegram

The United States High Commissioner for Germany (McCloy) to the Secretary of State

secret

Bonn, August 4, 1951—5 p. m.

91. Special Comite met with Ger delegation August 3 for 10th and last scheduled meeting before submitting report to govts.

1. Foll are subjects of eight Allied statements (air pouched) given Gers August 2:¹

a. Legal status of members of the Allied forces; Allied courts in Germany; and logistical support of Allied forces in Germany. Gers had not detailed comments on these papers but stated they wld study and see how proposals conformed to internatl standards, to Paris discussions re Eur army and to NATO troop agrmts.

b. Respect for rights created by Allied decisions. Gers stated it was generally accepted legal principle that rights created under Allied circumstances did not disappear by reason of subsequent legislative changes and it might therefore be superfluous to conclude contract on subject. Chairman suggested usefulness of inserting agreed principle in agreements.

c. Internal restitution; external restitution. Gers stated wld be psychologically valuable from standpoint Ger public opinion to have impartial clarification of legal validity of past restitution measures. Allies replied they cld not agree as to illegality of past actions and, as to Ger public opinion, it shld be noted that restitution had double aspect and it might not be desirable from Ger standpoint to re-open subject in general.

e. ² Fon trade and exchange and settlement of claims.

f. Questions affecting Berlin. As to Allied–FedRep agrmt on Berlin, Allies pointed out support they received from FedRep was closely associated with defense guarantee they cld give Berlin. Gers agreed and said they saw Berlin support was in their interest also. They considered it wld be bad psychologically for Allies to request FedRep to support Berlin, but were advised this seemed to be largely question of presentation. Chairman stated primary objective is to guarantee fulfillment of Allied undertakings towards Berlin and we wished FedRep recognition of our responsibilities. There was no objection to FedRep making a declaration of intention re Berlin and confirming its assurances in form of agreement.

2. Maintenance of Allied limitations in certain fields. [Chairman] Recalled that in discussion of limitations on scientific research question arose as to what limitations considered as necessary by Allies shld be maintained and asked what method wld be most acceptable to FedRep with respect to industry and civil aviation as well as to scientific research. Grewe stated main question was extent of limitations. Gers must consider what measures cld be taken in consonance with basic law and also political and psychological difficulties of concluding agreement if its extent is far-reaching. If limitations were of small extent, they cld be carried out in conformity with Constitutional requirements and there wld be no real difficulty in concluding a contract. Otherwise the only possibility seemed to lie in an Allied reserve power which wld have serious repercussions on whole question of contractual arrangements.

3. Fon relations. Allies offered foil comments on Ger statement (air pouched)³ submitted previous day. Expression of Ger fear that Allies wld utilize powers derived from their special position in executing arbitration decisions was answered by Allied statement that both sides wld be limited by provisions of tribunal decisions and neither cld take measures not specifically authorized. Ger paper expressed grave doubts about recognition of agrmts to be concluded by Allies in future and particularly recognition of Japanese and Austrian treaties and stated recognition such treaties must be reserved for final Ger peace settlement and cld not therefore be included in present negots. Allies stated Ger obligations cld not be postponed until eventual Ger peace settlement. Gers also registered objections to recognizing internatl agreements already concluded and stated inclusion of Washington agrmt, to which there were serious legal objections from both Ger and neutral quarters, cld prevent Bundestag acceptance of whole complex of contractual agrmts. Allies insisted upon Ger acceptance of obligations in Swiss, Swedish and Spanish agreements. Be Ger obligations under technical agrmts, Allies stated all they asked was recognition of validity of situations created by agrmts and validity of rights arising therefrom. Ger paper repeated assumption Allied troops stationed in FedRep wld no longer be for occupation of Germany but for common defense of West. Paper noted Allied view that it wld be possible to conclude arrangements concerning practical effects of Allied right to maintain forces in Germany and stated it wld be desirable that all effects be subject of contractual arrangements. Allies state regardless of purpose and role of Allied forces we maintained right to keep them in Germany.

4. Travel control. Gers asked whether requested undertaking on their part to exclude from Germany persons dangerous to Allied security applied only to foreigners and whether Allied powers to control movement of Ger natls wld cease. They also stated it was important that FedRep not be prevented from waiving visa requirements for western Europeans. Chairman stated nature of travel controls was under Allied–FedRep discussion and we were anxious to obtain undertaking that FedRep wld not admit persons threatening security of Allies regardless of nationality or from whence they come.

5. Conclusion. In concluding statements Grewe and chairman both stressed preliminary and non-binding nature of discussions and expressed satisfaction with progress made and clarification of disagreed points. Meeting concluded with agreement on press communiqué.⁴

McCloy

1. The eight Allied statements are attached as appendixes to the minutes of the 10th meeting, SPCOM/FED/M(51)10, not printed (CFM files, lot M–88, box 186, record of mtgs with Federal Delegation).
2. There is no paragraph d to this document.
3. SPCOM/FED/Memo(51)23, not printed.
4. Not printed; a copy of the communiqué was attached to the minutes referred to in footnote 1 above.