762A.0221/4–1951

The Chairman of the Intergovernmental Study Group on Germany (Gainer) to the Chairman of the NATO Council of Deputies (Spofford)1

secret

In the communiqué on Germany published after their Conference in New York in September, 1950, the Foreign Ministers of France, the United Kingdom and the United States of America announced that they had agreed that a review of the Prohibited and Limited Industries Agreement should be undertaken in the light of the developing relationship with the Federal Republic. This review has been completed; and the three Governments have authorised their High Commissioners in Germany to sign on their behalf an Agreement concerning Industrial Controls which will replace the Prohibited and Limited Industries Agreement. My colleagues and I consider that it would be of interest to the Governments’ members of the N.A.T.O. to receive in advance of signature, information upon the principal provisions of the new Agreement. I accordingly send you enclosed within this letter a statement of the changes in existing controls which will be effected.

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2. The Agreement will be signed and come into force on the 3rd April; and the text will be published in the course of that day. I should be grateful if the information contained in the enclosed statement could be regarded as confidential until the text of the new Agreement has been published. The information contained in paragraph three of the statement, which is based upon instructions to the High Commission, should remain confidential after publication of the new Agreement.

Annex A

Statement Prepared by the Intergovernmental Study Group on Germany

secret

In the course of their meeting in New York in September, 1950, the Foreign Ministers of France, the United Kingdom and the United States of America, agreed to instruct the Intergovernmental Study Group on Germany to examine the Agreement on Prohibited and Limited Industries of 1949 and to submit recommendations for its revision.

2. The Study Group duly completed its examination and submitted recommendations to the three Governments. The latter have approved these recommendations, and authorised their respective High Commissioners in Germany to sign on their behalf an Agreement concerning Industrial Controls, which will replace the Prohibited and Limited Industries Agreement. The effect of the new Agreement will be to modify in the following respects the restrictions at present in force in the French, United Kingdom, and United States Areas of Occupation in Germany:—

(a)
The restrictions upon primary aluminum, synthetic ammonia, chlorine and styrene, the size, speed or tonnage of merchant ships built or otherwise acquired by Germany, and the machine tools listed in Annex B of the Prohibited and Limited Industries Agreement, will be removed.
(b)
The limitations on the capacities of the steel, electric arc and high frequency furnace steel, ball and roller bearings, and shipbuilding industries will continue in effect, although there will be some modification in the details of control of these capacities.
(c)
The limitation on the production of crude steel will be maintained at 11.1 million tons per annum, but the High Commission will authorise production outside this limitation where this will facilitate the defence effort, as at present.
(d)
The prohibitions on the production of synthetic rubber and oil will be removed, but capacity will be limited. Rehabilitation and use of the synthetics plants will be permitted only to the extent that the additional consumption of coal and coke necessary for the production contemplated does not affect the satisfaction of the needs of the solid fuel importing countries.
(e)
The existing control over the production of electronic valves will be modified.

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3. Confidential. The three Governments have agreed that the production of war material will as at present continue to be prohibited, save under license of the High Commission, which may grant licenses for the manufacture in the Federal Republic for order of North Atlantic Treaty Organisation countries of certain materials of minor security significance, which are at present prohibited.

4. The three Governments have also agreed that the Agreement concerning Industrial Controls shall be reviewed at the request of any two Governments parties to the Agreement and in any event not later than 31st December, 1951. Except as may be subsequently agreed, prohibitions imposed by the Agreement shall remain in force until the peace settlement; and limitations until 1st January, 1953, or the peace settlement, whichever is the earlier.

  1. The source text was transmitted as an enclosure to the circular airgram cited in footnote 1, infra.