740.5/8–3151: Telegram

The United States High Commissioner for Germany ( McCloy ) to the Acting Secretary of State 1

secret

2026. For your info herewith Adenauer draft security treaty handed HICOMers August 30.

Begin text: “Draft of a security treaty. Govts of Fr, UK and US (hereinafter referred to as Three Western Powers—TWP) on one part, FedRep on other part, considering that Ger people within territory of FedRep has reconstructed its life on democratic and peaceful basis, and shall resume its place among free and peaceful peoples of world, that state of war between Ger, on one part, and Fr, UK and US and other states, on other part, has been terminated; that accordingly time has come to base relations between TWP and FedRep on freely concluded treaties which confirm decision of high contracting parties to cooperate friendly as equals with view to promoting their common welfare and to assuring international peace and general security have concluded fol treaty:

Art I—(1) Govts of TWP have communicated to Fed Govt a declaration made at FM mtg New York Sept 1950, according to which they will consider any attack on FedRep or Berlin as attack directed against themselves. Consequently, they undertake to maintain armed forces within territory of FedRep and other European territories of strategic importance which, together with forces of FedRep and other states of Atlantic community, are of such strength as to make any attack a heavy military risk for aggressor. US will maintain their troops within territory of FedRep and within other European territories of strategic importance until Eur defense community disposes of sufficient milit forces to fulfill above undertaking.

Legal status of troops stationed with FedRep territory, their accommodation and supply, as well as apportionment of costs for their maintenance, will be settled by special treaty.

FedRep will assume obligation of cooperating as far as possible in fulfillment of tasks of Allied troops within territory of FedRep and in accordance with special agreements.

(2) FedRep, on its part, will make milit contribution to the defense of FedRep, of Berlin, and of other states of Western Europe, within framework of an international army into which Ger contingents will be integrated on basis of equality. Details concerning this contribution will be settled by a special treaty.

Art II—(1) Relations between FedRep and TWP will in future be governed exclusively by treaties concluded between them and by general rules of international law.

Occupation statute of 12 May 1949/6 Mar 19512 as well as agreements concluded and directives and decisions issued for first implementation shall cease to be in force on the conclusion of this treaty.

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(2) The particular conditions of international situation shall be dealt with exclusively by this treaty and agreements attached hereto.

Art III—With respect to Berlin, Govts of TWP will reserve all rights and powers which they have exercised on the basis of international agreements.

Art IV—(1) High contracting parties agree that the peaceful re-establishment of Ger unity under free democratic constitution such as it exists in FedRep is an essential aim of their common policy.

(2) The Govts of TWP accordingly reserve such rights deriving from international agreements which impose upon them a responsibility for reunification of Ger.

Art V—Maintenance of free democratic order within FedRep is common goal of policy of high contracting parties.

TWP are prepared to continue their economic assistance as it was hitherto afforded to FedRep with view to excluding econ chaos and unemployment as well as danger of development of totalitarian systems resulting therefrom.

Art VI—The high contracting parties agree that peace settlement for whole of Ger on basis of treaty freely concluded between Ger and her former enemies remains final aim.

Art VII—If in case of war threatening or spreading to territory of FedRep or in case of grave internal disturbance competent Fed and land authorities are unable to take and execute measures necessary for maintenance or re-estab of public security and order govts of TWP reserve right after previous consultation with Fed Govt to take measures necessary for maintenance or re-estab of public security and order.

Art VIII—(1) FedRep will pursue a policy in accordance with principles of UN Charter and with aims contained in statute of C of E.

(2) High contracting parties undertake to consult one another with respect to all questions concerning their relations to states of Eastern bloc.

Art IX—(1) Any disputes arising from interpretation or application of present treaty and of special arrangements attached hereto shall be settled by mixed arbitration tribunal consisting of an equal number of members of each party and of a neutral chairman.

(2) Composition and organization of arbitration tribunal, arbitration procedure, and execution of decisions of arbitration tribunal shall be determined in a special treaty attached to this treaty.

Art X—(Provisions concerning ratification and coming into force of treaty)”.

McCloy
  1. Secretary Acheson was in San Francisco for the signing of the treaty of peace with Japan.
  2. For the text of the Occupation Statute for Germany, signed at Washington on April 8, 1949, see Foreign Relations, 1949, vol. iii, p. 179; for the text of the first Instrument of Revision of the Occupation Statute, dated March 6, see p. 1431.