662A.00/11–351: Telegram
The United States High Commissioner for Germany (McCloy) to the Acting Secretary of State
316. Verbatim text. Subject: Draft general agrmnt. In accordance with para 1 of Bonn sent Dept 310, rptd info Fkft 432, Paris eyes only for Secy and Byroade 126,1 following is text of draft re general agrmnt which will be considered by HICOMers and Adenauer Tuesday 6 Nov.2 Text being hand carried Paris on Monday, 5 Nov, for Secy and Byroade. Complete text also being airpouched Dept this date.
Begin text. “Art I.
1. The Federal Republic shall have full authority over its domestic and external affairs, subject to the provisions of this convention and the related conventions described in Article VII. (Agreed)
2. In view of the international situation, the three powers retain their existing rights, (as set forth in Ger natl agreements) relating to (a) the stationing of armed forces in Germany, and the protection of their security, (b) Berlin, and (c) Germany as a whole, including the unification of Germany and a peace settlement. The Federal Republic recognizes these rights as valid and will cooperate with the three powers to facilitate their exercise and to ensure their preservation. Footnote: This Allied draft is under consideration by the High Commissioners and the Federal Govt.
3. Upon the entry into force of these conventions, the three powers will revoke the Occupation Statute and abolish the Allied High Commission and the offices of the Land Commissioners. (Agreed)
4. Each of the three powers will thenceforth conduct its relations with the Federal Republic through Ambassadors who will act jointly in matters (the three powers consider) of common concern under this convention and the related conventions. (Agreed)
Art II
1. In the conduct of its relations with fon nations, the Federal Republic agrees to abide by the principles set forth in the Charter of the United Nations and by the aims defined in the Statute of the Council of Europe. Pending the peaceful unification of Germany, the Federal [Page 1569] Republic will conduct its relations also with other parts of Germany in the spirit of these principles and aims. (Agreed)
2. The Federal Republic affirms its intention to associate itself fully with the commimity of free nations through membership in internatl organizations contributing to the common aims of the free world. The three powers will support applications for such membership by the Federal Republic at appropriate times. (Agreed)
3. The three powers will consult with the Federal Republic, insofar as German interests are directly concerned, in their relations with the states of the Eastern bloc. (Ger proposal).
4. At the request of the govt of the Federal Republic, the govts of the three powers will arrange to represent the interests of the Fed Republic in relations with other states and in certain internatl organizations or conferences, whenever the Fed Republic is not in a position to do so itself. (Agreed)
Art III
1. The three powers retain their existing rights to station armed forces in Germany. (Allied proposal)
1. [sic] The present convention and the related conventions shall not impair the existing rights of the three powers, as set forth in international agreements, to station armed forces in Germany. (German proposal) 1. The Federal Republic agrees with the three powers that the three powers have the right to station armed forces in Germany. Alternative German proposal. The mission of such armed forces will be the defense of the free world, of which the Federal Republic and Berlin form part. (Agreed)
2. The three powers will consult with the Federal Republic, (Ger: As promptly as possible and) insofar as the mil situation permits, regarding the stationing of such armed forces in the Federal Republic. The Federal Republic will cooperate fully in facilitating the tasks of such armed forces in accordance with this convention and the related conventions. (Agreed)
3. The Federal Republic will participate in the European defense community in order to contribute to the common defense of the free world.
Footnote: This Article shld also, in the Allied view, include a ref to whatever provisions are later agreed upon regarding restrictions on other military activity and production and research for mil purposes.
Art IV
1. The three powers retain their existing rights to protect the security of armed forces stationed in Germany under Art III of this convention. In the exercise of these rights, the three powers declare that they will adhere to the provisions of the Article. (Allied proposal)
1. [sic] This convention and the related conventions shall not impair the existing rights of the three powers, as set forth in internatl agreements, to protect the security of their armed forces according to the foll provisions. (Ger proposal)
2. The three powers may proclaim a state of emergency in the whole or any part of the Federal Republic if (Allied: They find that) the security of the forces is endangered by an attack on the territory of the Federal Republic or Berlin, or by “umstusrzlerische stoerung” (Footnote: This term was understood to include not only an overthrow [Page 1570] of the basic order by violence but also its subversion or undermining by non-violent means. It was agreed that a suitable English equivalent shld be found to reflect this sense of the term) of the liberal-democratic basic order, or by a serious disruption of public order (offentliche sicherheit undordung), or by a grave threat of any of these events (agreed) and that the Federal Republic by itself, or after calling upon the Eur defense community, is unable to deal with the situation. (Allied proposal) And neither the Federal Republic nor the Eur def community are able to deal with the situation. (Ger proposal) (Foot note: The question as to the inclusion of a provision for proclamation of a state of emergency upon request by the govt of the Federal Republic is still under consideration by the Fed Govt.)
3. Upon the proclamation of a state of emergency, the three powers may take such measures (including the use of armed force) as are necessary to maintain or restore order and to ensure the security of their forces. (Agreed)
4. The proclamation will specify the area to which it applies. The state of emergency shall not be maintained any longer than necessary to deal with the emergency. (Footnote: The Federal Govt will submit for discussion a proposal for appeal to some outside political institution or body, after the state of emergency has been effective for a specified period, to consider whether its further continuance is justified.) (Agreed)
5. The three powers will consult to the fullest extent possible with the govt of the Federal Republic before declaring a state of emergency and during the exercise of their emergency powers they will utilize to the greatest possible extent the assistance of the Federal Govt and the competent Ger authorities. (Agreed)
6. Independently of a state of emergency, any military commander may, if his forces are imminently menaced, take such immediate action appropriate for their protection (including the use of armed force) as is requisite to remove the danger. (Agreed)
7. In all other respects, the protection of the security of these forces is governed by the provisions of the related convention. (Agreed)
Art V
1. The present convention and the related conventions shall not affect the existing rights of the three powers relating to Berlin (as set forth in internatl agrmnts). (Agreed)
2. The three powers will consult with the Federal Republic in regard to the exercise of these rights. The Federal Republic will cooperate with the three powers in order to facilitate the discharge of their responsibilities with regard to Berlin (Footnote: The ref to “Laender” here and elsewhere will be deleted on condition that the Fed Govt submits an official legal opinion to the effect that where, in a treaty or agrmnt executed by it, the Fed Republic assumes an obligation to take specific action, the Laender are also obligated to take the same action, even though not specifically mentioned in the treaty or agrmnt.) (Agreed)
3. The Federal Republic will continue its aid to the political, cultural, economic, and the financial reconstruction of Berlin, and in particular will grant it such aid as set out in the annexed declaration of the Fed Republic (annex blank of the present convention). (Note: At or before the effective date of these conventions, the three powers [Page 1571] intend to relax the controls on Berlin as far as the situation there permits. If this has not already been accomplished, the three powers will, by letter to Berlin and the Federal Republic, state their intention to do so promptly.) (Agreed)
Art VI
1. This convention and the related conventions shall not affect the existing rights of the three powers (as set forth in internatl agrmnts) relating to Germany as a whole, including the unification of Germany and a peace settlement (Friedensvertrag). (Agreed)
The Federal Republic will cooperate with the three powers to ensure the protection of these rights. (Allied proposal)
2. The three powers and the Federal Govt will cooperate to achieve, by peaceful means, their common aim of a unified Germany enjoying a liberal-democratic constitution, like that of the Federal Republic, and integrated within the Western Eur community. They recognize the new relationship established by these conventions and the treaty for the Eur def community as essential steps to the achievement of this aim. (Agreed)
(They agree that a united Germany shall be entitled to the rights and benefits under treaties and conventions made by the Federal Republic and shall assume the obligations of the Federal Republic thereunder.) (Note: Submitted by Allies as a proposal for discussion.) The contracting powers are agreed that a united Germany shall be entitled to no fewer competencies than are granted to the Federal Republic by the present convention.) (Ger proposal)
Art VII
Substantially same as Fon Min’s draft.3
Art VIII
Substantially same as Fon Min’s draft except that Gers propose that arbitral tribunal shld have jurisdiction to review allied declarations of emergency.
Art IX
(As soon as the political situation shall have changed essentially in particular as a consequence of the progressive integration of the Fed Republic into the community of free nations, the contracting powers will review the terms of the present convention and related conventions, and will, by mutual agrmnt, adapt them to the changed situation. ) (Note: The Federal Chancellor agreed with the High Commissioners that this Ger proposal, as now drafted, is too indefinite to provide a proper basis for discussion and therefore intends to propose a new draft for consideration at the next meeting.)
Art X
Substantially same as Fon Min’s draft.
Note: The texts of the Art III para 1, Art IV para 1, Art V para 1, Art VI para 1, will be settled only after the decision has been taken on the Allied proposal for a new para 2 of Art I.”