No. 125
The Soviet Ministry for Foreign Affairs to the Embassy of the United States1

[No. 38/US]

In connection with note of Govt USA of July 102 this year, Sov Govt considers it necessary state following:

1. In its note of May 243 as well as in its previous notes, Sov Govt proposed to Govt of USA as well as to governments of GB and Fr to proceed without delay to immediate negotiations concerning a peace treaty with Ger and formation of an all-Ger Govt. Sov Govt in order to facilitate decision of these questions has already on 10 March4 proposed for joint examination by four governments—the USSR, USA, GB and Fr—its own draft of the basis for a peace treaty with Ger, expressing at the time its readiness to discuss other possible proposals as well on this quest. However, as is known, Govt of USA and also Govts of GB and Fr, evaded immed negotiations with Sov Govt on quest mentioned above.

Note of Govt of USA of July 10 shows that three governments are continuing, just as they formerly did, to delay discussion of such important questions as question about restoration of unity of Ger and conclusion of a Ger peace treaty.

2. Govts of USA, GB and Fr, while delaying exchange of notes with Sov Govt on Ger question, entered into deal with Adenauer Govt. In flagrant violation of Potsdam Agreement the governments of the three powers on May 26 concluded with Bonn Govt a separate so-called “agreement”, calling it a convention concerning rels between three Western Powers and Ger FedRep,5 and fol that on [Page 293] 27 May there was signed in Paris an “agreement” concerning a so-called “European defense community”. Having signed these “agreements” the governments again demonstrated that they were not at all interested either in unification of Ger or in conclusion of a peace treaty with Ger, but were aiming at strengthening and deepening of division of Ger and at tying in W Ger and W Ger army organized by the govts of the three Western Powers with North Atlantic bloc and utilizing W Ger more completely for aggressive purposes of that bloc.

The separate Bonn “agreement” of US, GB and Fr with Adenauer Govt represents open mil alliance plainly pursuing aggressive purposes. This “agreement” legalizes rebirth of Ger militarism, the creation of W Ger mercenary army, headed by fascist Hitlerite generals. We place the word “agreement” in quotation marks, since separate Bonn “agreement” was not freely accepted by Gers of W Ger, it was imposed upon W Ger against will of Ger people.

Govts of three powers are trying in every way to conceal from Ger people the character of separate Bonn “agreement”, which is one hostile to their natl interests and dangerous to cause of peace. They are trying in this connection to create impression that “agreement” opens up to Ger possibility for a wide and free association with other nations of Europe, and they wish to make people believe that Govts of US, GB and Fr in some way are striving for creation of all-Ger Govt which, according to their statement, “must have nec freedom of action and powers inherent in a govt”. However, content of separate Bonn “agreement” is in direct conflict these assurances. As is evident from text of separate Bonn “agreement”, govts three West Powers have fully reserved to themselves so-called “special rights”, giving as their motives for this the peculiarities of internatl position Ger. These “special rights” give Govts USA, GB and Fr unlimited possibility stationing their forces on territory W Ger, as well as at any time within their own discretion bringing about in W Ger establishment state of emergency and taking into their own hands full power. Govt USA, and also Govts GB and Fr, have by this “agreement” assured themselves right of intervention on wide scale in internal affairs W Ger up to and including use of armed forces of occupying powers for purposes of imposing their diktat on W Ger.

All this is evidence that Bonn separate “agreement” does not only not open up for Ger any possibility of future free development, as Govt of USA proclaims in its note of July 10, but excludes such a possibility, leaving W Ger in state of complete subordination and dependence on occupying powers, as this has been under occupation statute.

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3. Evading immed negots concerning formation of all-Ger Govt and conclusion of treaty of peace, Govt of USA, for purpose disguising its position, raises in note of July 10 quest of guarantees which should be given by Four Powers to effect that all-Ger Govt established as result free elections, would have nec freedom action in course of period prior to entry into effect of peace treaty.

However, there can be no question any “freedom of action” of an all-Ger Govt as long as there exists the separate Bonn “agreement”, for Article 7 of which it is evident that very possibility of creation of united Ger is made provisional upon the obligatory retention by the Govts of the Three West Powers of all privileges which were envisaged in the Bonn “agreement” and which deprived Ger her governmental independence and integrity.

It entirely clear that Govt of USA, as well as Govts of GB and Fr, in signing the separate Bonn “agreement”, are actually not striving for unification Ger, establishment of all-Ger Govt, and extension to that govt in reality freedom of action. Quest, raised in note of Govt of USA of July 10, concerning guarantees “freedom of action” for future all-Ger Govt is false phrase, designed conceal aspirations of govts of Three West Powers to subordinate Ger entirely to themselves, their aggressive purposes. Insofar as Govt of USA raises in its note 10 July quest concerning guarantees freedom of action of all-Ger Govt, which is immed connected with quest of authority of all-Ger Govt, Sov Govt finds it necessary recall that position of Sov Govt on this quest was exhaustively set forth its note May 24. In this note it was stated “as far as all-Ger Govt and its powers are concerned this govt must, of course, also be guided by Potsdam provisions, but after conclusion of peace treaty by provisions of peace treaty, which must serve establishment of firm peace in Eur”. This flows directly from Potsdam Agreement, which established principles on which Ger state—peace-loving, democratic, independent, united, Ger state—must be established. Entire activity of Govt US in West Ger is in plain contradiction these principles.

In connection with this Sov Govt finds it necessary to note that Govt US is interpreting in distorted fashion reference of Sov Govt in its note May 24 to Potsdam Agreement, making it look as though in this note there was envisaged “recreation of Four-Power system of control” although in reality note of Sov Govt May 24 spoke not of establishment of Four-Power system of control, but of necessity for observance of principles of Potsdam Agreement concerning re-establishment Ger as unified independent peace-loving and democratic state.

4. Govt US in note July 10 again raises quest re right Ger people “join other nations in peaceful aims” and conclude appropriate [Page 295] agreements. In this regard, Sov Govt in note April 96 pointed out the provision contained in Sov draft “basis of peace treaty” regarding obligation of Ger “not enter into any kind coalition or milit alliance directed against any other power which has participated with its armed forces in war against Ger”. As is quite evident this provision in no way limits right Ger to join other nations for peaceful purposes. But this provision deprives Ger of possibility of joining such groups as for example North Atlantic bloc which pursues aggressive aims and activity of which represents threat of development of new world war. Sov Govt continues consider that in such provision there is no limitation on sovereign rights Ger state and that such provision is in accordance with agreements Four Powers on Ger quest and fully responds also to interests all states neighboring Ger and equally national interests of Ger itself.

5. Govt US in note July 10 refers to measures carried out at present time in GDR for strengthening its security, stating that these measures in some way “deepening division of Ger” and in some way directed to the prohibition of contact between Gers living in GDR and W Ger.

Such statement has no foundation. As is known Govt GDR has widely published that mentioned measures are taking place at request population which suffers injury on part spies, diversionists, terrorists and contrabandists sent from W Zone Ger with provocatory purposes which directly connected with policy remilitarization Ger and inclusion W Ger preparation new war.

6. In reply Sov Govt’s proposal note May 24 to enter joint discussion quests re peace treaty with Ger without delay and creation all-Ger Govt, Govt US states it considers nec7 Ger peace treaty be worked out before all-Ger Govt created and in view this, it nec limit itself only to creation commission investigation Ger. However, such assertion does not correspond Potsdam Agreement which placed on Council FonMins obligations “prepare peaceful arrangement for Ger in order that document appropriate this end will be accepted by Govt Ger when such govt shall be established”.

Sov Govt considers as without any kind of foundation refusal of Govts US, GB and Fr to work out peace treaty with Ger before all-Ger Govt created. It would be incorrect and in no way justified to put off for indefinite time discussion such important quests as quest peace treaty with Ger and re-establishment unity Ger as proposed Govts US, Br and Fr.

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As evident proposals of Govt US are designed continue prolong for indefinite time discussion of quest of peace treaty with Ger and reestablishment unity Ger and consequently retain occupation forces in Ger for an indefinite period.

7. Regarding quest creation Comm determine existence Ger conditions for conduct gen free elections, position Sov Govt was set forth already its notes April 9 and May 24. Govt US mentions some sort advantages inspection Ger by such Comm. But proposal for creation internatl Comm inspection Ger and thus to convert Ger into subj investigation cannot be considered other than insult Ger nation. Such proposal can be brought forward only by those who forget that Ger in course of more than 100 years has lived under conditions of parliamentary regime with gen elections and organized polit parties and that therefore it impossible put before Ger such requirements which ordinarily put before backward countries.

As regards composition Comm for investigation existence Ger conditions for conduct gen free elections most objective such Comm would be that created, with agreement Four Powers, by Ger themselves and composed Gers representing, let us say, People’s Chamber of GDR and Bundestag W Ger. Such Comm which would not insult Gers at the same time would represent first step of road toward unification of Ger.

As regards inspection of Ger with aim determining existence conditions for conduct free all-Ger elections, it self-evident that first quest is to determine in what measure there are being fulfilled the decisions of Potsdam conf realization of which represent condition for actual free all-ger elections and formation of all-Ger Govt representing will of Ger people. Such a decision of Potsdam conf is decision regarding demilit of Ger in order as mentioned in Potsdam Agreement to “forever prevent rebirth or reorganization of Ger militarism and Naziism” that Ger never again can threaten its neighbors or maintenance of peace throughout the world. Such a decision is realization of polit principles enunciated by Potsdam Agreement regarding Ger which require “elimination of Natl Socialist Party and its affiliates and organizations under its control, dissolution of all Nazi institutions, guaranty that they shall not be reborn in any form, and prohibition of any kind of Nazi and militarist activity or propaganda”. To such principles also is related provision of Potsdam conf for “preparation for final reconstruction of Ger polit life on demo basis toward eventual peaceful cooperation of Ger in international life”.

8. Govts of US, GB and Fr propose to convene a meeting of representatives of four govts for discussion only of quest of creation, function and powers of a commission for the investigation of existence in Ger of conditions necessary for conduct of free elections. It [Page 297] may be noted that correspondence on this quest has in some measure reconciled points of view of Sov Govt on one hand and Govt of US as well as Govts of GB and Fr on the other hand, but Sov Govt does not see any foundation for limitation of quests set forth for discussion at meeting of representatives of Four Powers only to quest of above-mentioned commission. In limiting scope of quests put forth for discussion of representatives of mentioned Four Powers and to avoid review of most important quests relating to Ger, Govt of US and also Govts of GB and Fr act as though they were striving that meeting of reps of Four Powers should produce the least possible results or should have absolutely no result. Nonetheless, Sov Govt is prepared to discuss at the meeting of Four Powers proposed by Govts of Three Powers quest of Comm for investigation of conditions for conduct of free elections in all of Ger. But Sov Govt, meanwhile, considers that meeting cannot and should not limit itself to discussion of only this quest. The Sov Govt considers it necessary that this meeting as a matter of first importance discuss such important quests as the peace treaty with Ger and formation of an all-Ger Govt.

Proceeding from foregoing Sov Govt proposes to convene at earliest time and in any case in October of this year a meeting of reps of Four Powers with following agenda:

Preparation of peace treaty with Ger.
Formation of an all-Ger Govt.
Conduct of free all-Ger elections and a comm for verification of existence in Ger of conditions for conduct of such elections, its composition, functions, and powers.

Meanwhile, Sov Govt proposes to discuss at this meeting of Four Powers quest of date of withdrawal from Ger of occupation troops.

Sov Govt proposes also that reps of Ger Democratic Republic and Ger FedRep take part in meeting for examination of appropriate quests.

Sov Govt has sent similar notes also to Govts of GB and Fr.

  1. The source text is a translation prepared in the Embassy in Moscow and transmitted in telegram 352, Aug. 23. The telegram states that the note was handed to Kennan by Vyshinsky that night. This translation should be compared for minor textual differences with the one in Department of State Bulletin, Oct. 6, 1952, pp. 518–521. The Russian language text was transmitted in despatch 71 from Moscow, Aug. 27. (662.001/8–2752) It is also printed in Izvestiia, Aug. 24, 1952, and SSSR s GDR, pp. 227–234.
  2. Supra.
  3. Document 102.
  4. For the Soviet note of Mar. 10, see Document 65.
  5. For the Convention on Relations between the Three Powers and the Federal Republic of Germany, see Document 51.
  6. Document 82.
  7. Following a query by the Department of State (telegram 217 to Moscow, Aug. 29, 662.001/8–2352) this word was changed to “impossible”. (Telegram 403 from Moscow, Aug. 30, 662.001/8–3052)