762A.0221/1–2551: Telegram

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

secret   priority

481. AGSec from Slater. Following is summary of executive session HICOM Council held Bonn–Petersberg 25 January 1951:

[Here follows numbered paragraph 1, printed page 1411; in numbered paragraph 2 McCloy reported that the Council agreed to forward to the Governments fortnightly reports on the technical discussions at Bonn.]

3. Prospective discussion on contractual arrangements. Kirkpatrick reported long conversation with Chancellor on this subject, in which he proposed to Chancellor that abstract question of sovereignty should be left to one side and attention concentrated on those HICOM mandatory powers which Allied governments were prepared to convert to contractual arrangements. He said he advised Adenauer not to make a public issue of claim for sovereignty pointing out that if it were granted Adenauer, for example, would be forced into position of having to deal with Chuikov. He said Chancellor accepted this but emphasized that no publicity should be given to rejection of original German approach to HICOM on sovereignty question. Adenauer then requested (a) that HICOM should on an entirely informal basis submit to him list of points on which contractual agreements might be [Page 1459] negotiated; (b) that, since it would take considerable time to complete negotiations for contractual arrangements, and Bundestag would not be content with mere list of “matters under study”, HICOM should now issue general declaration of intention as to new relationships. Kirkpatrick said he then made it clear to Adenauer that Brussels decision to [put?] relations on contractual basis was based on expectation that FedRep would participate in West European defense. There was, therefore, no question of Allied governments making a binding declaration now, leaving it in air whether or not Germans participated in Western defense. He said, however, that HICOM might be prepared to make public declaration, not of treaty character, to effect that if FedRep decided to participate in Western defense new situation would be created in which relations between occupation powers and Germans would have to be adjusted. Berard said it was view his government that contractual negotiations should not begin until New York decisions were in force. On this point Kirkpatrick and I both pointed out that Poncet had already told Chancellor that negotiations could begin, although decisions on contractual arrangements could not be implemented until New York decisions were put into effect.

Council agreed to submit to Chancellor and for informal discussion with FedRep representatives, a list of points (to be prepared by special committee after consultation with other committees concerned) and to inform him HICOM ready to discuss possibility of declaration along lines Kirkpatrick’s proposal above.2 Council agreed, at my suggestion, to press Chancellor now to consult and work with representatives of other parties and interests in German preparations for these negotiations to prevent, if possible, repetition political stalemate which has blocked FedRep agreement on New York decisions. I also pointed to necessity to associate military representatives with any discussion on contractual arrangement particularly re status and rights of Allied troops in FedRep territory.

Adenauer has also reported that Eisenhower had made strong impression on SPD leaders and that, with proper handling, they might now be brought over to support of German participation in Western defense.3

[Here follows numbered paragraph 4 in which McCloy reported on codetermination negotiations between labor and management in the German iron, steel, and coal industries.]

[ Slater ]
McCloy
  1. Repeated to Paris, London, Berlin, and Frankfurt.
  2. On February 1 Embassy Paris reported that the French Foreign Ministry was instructing François-Poncet to oppose this procedure and that instead it wanted Adenauer to submit a list of points. (Telegram 4550, February 1, 750.5/2–151)
  3. For documentation on General Eisenhower’s visit to Germany, January 20–23, see telegram 6080, January 24, pp. 445.