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

662A.00/5–2152: Telegram

No. 41
The United States High Commissioner for Germany (McCloy) to the Department of State¹

secret priority

Bonn, May 21, 1952—midnight.

2986. Inform Defense. At private meeting with Chancellor this morning he informed HICOMers cabinet and coalition leaders at yesterday’s meetings² raised two further questions, both respecting Art 7 para 3 of general convention. As regards the first, they argued three powers should make it clear reservation their rights re Ger as a whole should not include the auth or power to diminish FedRep’s rights under convention. When asked whether present wording of Art 1 and 7 did not establish this without doubt, he said it was important to assure party leaders the reservation could not be interpreted in such a way as to “include the power to change to the disadvantage of the FedRep its legal status foll upon the ratification” of the conventions and EDC treaty. Considerable fears were expressed, according to the Chancellor, that negots between the three powers and Sov might be resumed which would lead to the re-establishment of four power control prior to the establishment of a unified Ger whose rights were adequately protected under Article 7, para 3. Chancellor desires to protect against abuse of this “gap period” as a preliminary to extended negots on unification.

We agreed to consider possibility of a letter from FonMins which would reassure Chancellor that our reservation re Ger as a whole does not permit us to alter obligations we have assumed vis-à-vis the FedRep in conventions. Text as agreed with Chancellor for recommendation to govts folls:

“In the course of our recent conversations, you asked us to confirm that the right relating to Ger as a whole reserved by the three powers in Article 2, para 1 (C) of the convention on relations between the three powers and the FedRep, cannot be interpreted as permitting them to affect adversely the relations established between themselves and the FedRep by the conventions signed today.

“I have the honour to inform you that we do not interpret the right in question as permitting the three powers to derogate from their undertakings to the FedRep in the convention signed today.”³

The other question raised by cabinet related to desirability of suppressing Article 7, para 3 altogether from convention as giving SPD opportunity to claim it blocks unification or at least freedom to negotiate. Whereas Chancellor recognizes this argument, he and majority of cabinet are prepared to retain text if Allies consider it desirable. In these circumstances, we made no change. Opposition comes from Kaiser and DP ministers.

McCloy

1. Repeated to London and Paris.
2. The meeting began at 10:30 a.m. In addition to the subject reported here, the Chancellor and the High Commissioners discussed an intelligence memorandum and the finance convention. The former was transmitted from Bonn in telegram 3003 (762A.0221/5–2252); regarding the latter, see footnote 5, Document 39.
3. In telegram 3300 to Bonn, May 22, McCloy was informed that the Department of State accepted this text. (662A.00/5–2152) For text of the letter as transmitted from the High Commissioners to Chancellor Adenauer on May 26 at the time of the signing of the contractual agreements, see Document 60.