662A.00/11–951: Telegram

The Acting Secretary of State to the Office of the United States High Commissioner for Germany at Frankfurt1

secret   priority

2930. Fr Emb has presented aide-mémoire dated Oct 312 which makes fol three points.

(1)
Agrmt with Gers shld contain provision that, while relations between three Powers and FedRep will be conducted by Ambs, latter will act jointly on matters of tripartite concern, in accordance with fixed procedure.
(2)
Three Powers shld agree to establish tripartite org by means of protocol which wld list problems requiring joint decision and fix rules of procedure.
(3)
Re proclamation state of emergency, agrmt shld provide this power resides in three Govts. Ambs in Ger wld be specified as Govt agents for this purpose, and decisions this field wld not be made by mil auths or SACEUE. However, mil auths wld be able take all necessary action in exceptional circumstances and for particular area.

Dept proposes reply along fol lines if receive no comments from you by Tues Nov 13.

Re (1) above Dept does not object to mention tripartite action in gen agrmt, except for phrase re fixed procedure which unnecessary. However, tripartite action is essentially matter to be settled by three Powers without FedRep, so no necessity include such provision in gen agrmt, and Dept wld drop point if it shld cause difficulty with Gers.

Re (2) Dept wld agree to informal understanding, perhaps in exchange of Itrs, to effect reps three Powers in Ger wld act together in matters of common concern. This understanding shld, however, be expressed in gen terms and shld not contain details re subjs of tripartite interest or rules of procedure. Especially it shld not transform Ambs into Council or other org. (For your info, and to assist further consideration this problem, we wld not do more than provide for joint action in certain broad fields and agree, if necessary, on voting procedure. Believe undesirable establish Allied secretariat or comites or particular channels communication with Ger Govt. We wld not even give name or title to Ambs acting in concert, for then they cld be addressed as a body and endowed with formal administrative attributes.)

Re (3) we wld point out to Fr that Art IV draft gen agrmt contained Bonn’s 316, Nov 3, specifies state of emergency may be proclaimed by three Powers. Assume this meets Fr view. Wld agree Fr [Page 1576] point that local mil auths may take action of nature described Art IV subpara 6 gen agrmt, but wld not attempt comment re relation of mil authorities to Ambs in reaching decision proclaim state of emergency.3

Webb
  1. This telegram was drafted by Auchincloss; cleared with Raymond, Jacobs, and Lewis; and repeated to Bonn, Paris, and London.
  2. A copy of the French aide-mémoire, handed to Laukhuff by de Juniac on November 1, is in file 662A.00/10–3151.
  3. On November 15 an aide-mémoire embodying these points was delivered to de Juniac. A copy is in file 662A.00/10–3151.