462A. 62B31/9–1951: Telegram

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

secret  niact

2532. Re Bonn’s 173 to Dept rptd Berlin 39, Paris 64, London 61, Moscow 14.2 Acting High Commissioners met again Sept 18 and later conferred with Westrick, who was accompanied by Vockel, Kroll and Leopold, re IZT Agreement and Sov restrictions affecting Berlin.

Following discussions in these two sessions, agreement was reached to draft letter, which we understand will be submitted to AHC Council by Adenauer as soon as trade agreement has been signed. Draft prepared by designees, Acting HICOMs and Westrick following mtg, and agreed by Vockel and Leopold (FedRep designees), who stated they authorized commit FedRep, fols:

“1. I have the honor to inform you that the trade agreement between the areas of the DM (West) and the DM (East), which was initialed on 6th July 1951, was signed on (blank) by the reps of the Fed Govt and the Sov Zone auths. The rep of the Fed Govt made the fol oral declaration on the conditions which governed the attachment of his signature and on which the implementation of the agreement wld be based.

Warenbegleitscheine.

(a)
Warenbegleitscheine submitted to the Sov Zone auths covering the shipment of certain specified categories of goods wld be stamped, it being understood that the West Berlin Senate wld have previously taken special measures to eliminate those Warenbegleitscheine where there was a justifiable suspicion re the legality of the shipment. No certificates of origin wld be produced.
(b)
The small number of dubious cases remaining will be examined jointly by the Treuhandstelle and the Transitstelle, at the request of the latter.
(c)
A refusal by the Sov Zone auths to stamp Warenbegleitscheine in a case on which, after joint examination, the Treuhandstelle continued to insist, wld be considered as an obstacle to normal traffic.
(d)
The outstanding Warenbegleitscheine submitted but not yet acted upon, wld be returned, by the Sov Zone auths either stamped, or unstamped for processing under the new procedure.

Sov Zone Road Tax.

This tax wld be reduced to a level acceptable to the Fed Govt and the West Berlin Senate.

[Page 1873]

Other Measures.

The Fed Govt rep noted the assurance given by the rep of the Sov Zone auths that restrictions on traffic between West Berlin and West Ger wld be lifted on the signature of the trade agreement and that this applied also to the Rothensee ship lift, confiscations, and interference with parcel post.

The Fed Govt rep called attention to the ltr given by the rep of the Fed Govt to the rep of the Sov Zone auths, 6 July 1951,3 stated that the terms of this ltr still applied, and reaffirmed that in the event of obstacles being placed in the future in the way of West Berlin’s normal train and traffic, the Inter-zonal Trade Agreement wld be suspended.

2. It was understood by the Fed Govt rep that the above conditions were acceptable to the Sov Zone signatory. At the time this oral declaration was made, he raised no objections to the conditions stipulated.

3. The Allied HICOM will be kept informed by the Fed Govt of important cases involving difficulties coming before the Treuhandstelle and will be consulted on these cases before final decisions are taken.”

Acting US High Commissioner expressed agreement text draft ltr to Berard, chairman of mtg. Ward stated he unable authorize signature agreement or approval draft prior conferring Kirkpatrick, altho we aimed at securing agreement entire letter by night of 18th or morning 19th.

Approval Acting US HICOM given draft and procedure envisaged on proposition it will give Sovs opportunity demonstrate whether they in fact intend facilitate normal IZT and demonstrate good faith re restrictions; or, conversely, to ascertain if they propose continue general harassing tactics for purposes broader polit strategy. Leopold only source of info that points set forth in proposed ltr were actually discussed with Orlopp and are accepted by him. It is quite possible that when oral declaration is made as condition of signing Orlopp will interpose objections which will prevent signature. Otherwise, understanding is that, securing agreement UK HICOM, agreement will be signed within next day or so. Berard has indicated he already authorized approval signature without ref Paris.4

Hays
  1. Repeated to Bonn, Berlin, London, Paris, and Moscow.
  2. Not printed; it reported on a meeting of the Deputy High Commissioners and Federal Republic representatives on September 17, at which it was agreed that the High Commission would be given a written statement from the head of the Federal trade delegation setting forth the conditions under which he had agreed to sign the interzonal trade agreement (462A.62B31/9–1751)
  3. Not found in Department of State files.
  4. On September 20 McCloy reported that the text of the letter subject to minor textual changes had been agreed by the High Commission, Renter, and the Federal Republic and that the trade agreement would be signed in Berlin on September 20 or 21. (Telegram 2591, September 20, 462A.62B31/9–2051)