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

662A.00/10–1351: Telegram

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

secret   priority

Bonn, October 13, 1951—2 p. m.

231. 1. At mtg of 12 October, special comite agreed to present fol provisional redraft of clause relating to reservations of special powers to Ger steering comite in attempt to meet Chancellor’s objections to ref to declaration of 5 June 1945:

“1. Nothing in the present agrmt affects the rights now held by the three powers, as set forth in internatl agrmts, concerning:

(a) The stationing of armed forces in Ger and the protection of the security of those forces;

(b) Berlin;

(c) Ger as a whole, including the peace settlement and the peaceful reunification of Ger.

2. The three powers will consult the Fed Govt in regard to the exercise of these rights with respect to Berlin and Ger as a whole.

3. The FedRep and the Laender will refrain from any action prejudicial to the rights of the three powers in the fields referred to in para 1 of this article”.²

(Note: Above does not cover formal renunciation of exercise of auth under June 5 declaration in all other respects as provided in FM text, and separate provision will be required.)

2. Brit stated no further negots with Gers possible on security guarantee until situation clarified on recent Brit proposal to Paris and Washington.³

3. Comite approved Brit proposal to create working party to consider privileges and immunities for staff of council of Ambs. US stated intention to renegotiate prewar consular treaty. In reply to Fr question, US and Brit stated present intention was for liaison officers to be members of Amb’s staff not mil commanders.

4. At later mtg with Ger Steering Comite (Hallstein, Blankenhorn, Grewe)⁴ Hallstein after naming Ger rapporteurs proposed fin support be separated from logistical and latter considered together with status and protection. Special Comite Chairman stated unable give position on fin and logistical support at present but wld consider Hallstein’s proposal.

5. In discussion on programs, Hallstein stated sovereignty granted to Fed Sep by Washington agrmt cld be restricted either by limiting “substance” of sovereignty or by sovereign FedRep accepting certain contractual obligations. Chancellor cld only accept second concept, which was in accordance with terms of Washington communiqué.⁵ As a result of last mtg with High Commissioners,⁶ Chancellor understood HICOM interested in “liquidation” of programs so far as possible and in avoiding “vacuum” created by abolition of Occupation Statute. No such vacuum wld exist since Powers previously vested involved wld be handled by Fed legis or exec action.⁷

6. Special Comite Chairman stated Washington communiqué implied commitments by FedRep on subjs other than those specifically mentioned, and emphasized that HICOM powers in certain fields wld only be relinquished if appropriate Fed Rep undertakings were recd.

7. Mtg agreed that despite fundamental difference of approach on programs, rapporteurs shld begin exploration of probtems involved.

8. Hallstein’s attitude confirmed impression (see para 8, ourtel sent Dept 223 rptd info London 78, Paris 84, pouched Frankfort Berlin⁸) that he is seeking to delay action on programs in hope that other phases of contractual “package” can be satisfactorily negotiated and Allies may then be willing to reduce requirements in interests of speedy conclusions of agrmts.

9. On receiving Special Comite formulation of Article II of gen agrmt (see para 1) Hallstein proposed alternative consisting of addition fol sentence after first sentence of Article II: (1) Of Adenauer’s “draft security treaty”:⁹

“‘This treaty does not affect the rights which the three powers enjoy as between themselves or vis-à-vis third powers by virtue of existing internatl agrmts’”.

He stated this wld eliminate present Article IV (In Adenauer’s draft) but wld not affect Article III (Berlin); he pointed out that his proposal only changed basis of relationship between Allied and FedRep but left undisturbed basis of relationships between Allies and Sovs.

10. Agree no publicity shld be given to Steering Comite or rapporteur discussion.

11. HICOM and Ger rapporteurs on arbitral tribunal, status and protection and programmes will begin discussions next week.

12. Next mtg of Special Comite and Ger Steering Comite 18 Oct.

McCloy

1. Repeated to London, Paris, Frankfurt, and Berlin.
2. For the text of Article II of the Agreement on General Relations with the Federal Republic, approved by the Foreign Ministers on September 14, see p. 1199.
3. A summary of this proposal was transmitted in telegram 2337, October 11, p. 1548.
4. The High Commission minutes of this meeting, SPCOM/FED/M (51) 11, not printed, which include as annexes both the High Commission and German drafts of Article II, are in the CFM files, lot M–88, box 186, record of mtgs with Federal Delegation.
5. Of September 14, p. 1306.
6. For a report on the October 3 meeting, see telegram 215, October 4, p. 1544.
7. In telegram 237 from Bonn, October 16, McCloy reported that the last sentence of this paragraph should read: “No such vacuum wld exist since powers previously vested in HICOM wld be taken over by FedRep and problems involved wld be handled by Federal legislation executive order.” (662A.00/10–1651)
8. Not printed.
9. Text transmitted in telegram 2026, August 31, p. 1520.