Foreign Relations of the United States, 1952–1954, Germany and Austria, Volume VII, Part 1

396.1 PA/12–1653: Telegram

No. 316
The United States Delegation at the Tripartite Working Group to the Department of State¹

secret

Paris, December 16, 1953—noon.

Macto 3. In preparation for discussion with British and French concerning security guarantee declaration, we discussed UK–French version² of draft with Secretary this morning,³ taking into account Adenauer’s preliminary views and Phleger’s opinions as reported Deptel 2180.⁴ Pending receipt Adenauer’s full reaction, we believe that following revisions are in order:

1. Sixth paragraph under A should be amended to exclude all language following phrase “European Defense Community”. This would meet Adenauer’s point regarding link between NATO and EDC.

2. Seventh paragraph under A in present form would apparently preclude German recourse to force under any conceivable circumstances, which is obviously too far-reaching a restriction to place on Germany and we would therefore wish to revise this section as follows: “Undertakes in consequence in no case to have recourse to force in violation of the foregoing obligations”, etc.

3. Secretary is also disturbed concerning far-reaching implications of Section B in present form which apparently envisages withholding of support from fellow members UN, NATO and EDC under circumstances stipulated. Furthermore, phrase “all forms of support” might be interpreted to include any kind of economic or trade connection. Concept of automatic release from commitments raises obvious constitutional questions. We propose revision Section B to make it a more simple obligation of three governments to consult with respect to withholding support as follows: “Governments of the US, UK, and France declare that whenever they consider it necessary to this end they will consult together with respect to withholding support from any government committing any action in violation of the above mentioned undertakings”.

Would appreciate Department’s views soonest.⁵

1. Repeated to London and Bonn.
2. Document 314.
3. Secretary Dulles was in Paris for the Twelfth Session of the North Atlantic Council, Dec. 14–16.
4. Telegram 2180 reported that Phleger, the Legal Adviser in the Department of State, had questioned the wisdom of the participation of the United States in a declaration such as that presented in the United Kingdom-French draft. (CFM files, lot M 88, box 166, “Tomacs and Mactos”)
5. In Tomac 6, Dec. 16, the Department of State concurred with these changes. (396.1 PA/12–1653)