398.10–GDC/7–1351: Telegram
The United States High Commissioner for Germany (McCloy) to the Secretary of State 1
37. Fr have agreed in principle to formula along lines suggested Frankfort 10702, June 302 (see report special comite July 12)3 and have drafted their proposal to retain power to veto amendments to basic law.
Our formula was not intended to imply Allied interference in Ger domestic affairs or to control internal development except in event of serious menace to maintenance of basic democratic federal structure of state which in turn cld threaten security of Allied forces or maintenance of Allied position in Ger. Deptel 108 July 6 to Frankfort, rptd London 118, Paris 1284 stated that retention of ultimate sovereignty carries implicit “emergency” right to take unilateral action.
It is our purpose insofar as possible to indicate the circumstances in which we propose to exercise our residual sovereignty and to set this forth in the agrmt to avoid later misunderstandings. Our proposal concerning maintenance of democracy was intended as only one facet of this program and to show limited application of our reservation in this field which we consider as one of the elements of our basic policy with respect to Ger. Discussion in comite and by our comments indicate possible wider interpretation of our formula than we intended. It was agreed yesterday that Fr and ourselves wld prepare modification thereof. Although Fr have not accepted our formula, they too envisage right to intervene in case of serious polit developments both internal and external.
Considerable clarification of question of disputes comm has taken place in special comite and is being reported separately. We have withdrawn proposal for violations tribunal.