662A.00/5–2552: Telegram
No. 46
The United States High Commissioner
for Germany (McCloy) to the Department of
State
1
3053. From the Secretary. Three-hour tripartite session began 10:30 last night with discussion reparations problem. Eden stated if Adenauer put question to him he would have to say that UK rejected Fr position. He reminded Schuman that Adenauer had offered agreement on Article 502 in exchange for agreement on reparations and advised Schuman to take this substantial value in place of maintaining theoretical objection. Schuman said he preferred that US UK clearly state that they were opposed in principle to reparations from current account and Fr cld take note of it. This would be clearer for the Fr and in that case they cld accept the text of Article 1 as it stands.3 The explanation cld be put in a protocol. Br draft revised by Fr and further revised by Secretary in the direction of stating US UK position as reaffirmation of previous view then agreed as fols:
The US and UK Govts declare that they have not asserted and do not intend to assert any claim for reparations out of current production. They have consistently opposed, and intend to oppose the exaction of such reparations by any other power. Fr Govt takes [Page 102] note of the situation of fact and therefore associates itself with Article 1 of Chapter XI of the convention on settlement of matters arising out of war and occupation.”
It was agreed that in putting this up to Adenauer it shld be stated as a bargain in exchange for his agreement on Article 50 and agreement to Fr proposals on the application of finance convention to EDC forces. McCloy reported Adenauer had told him that evening that he wld overrule Hallstein on those questions. Fitzpatrick [ Kirkpatrick ?] confirmed that he had received same info.
Conferees then discussed Article 7 (3).4 Secretary reported Adenauer said that if we had a provision that united Germany succeeds to rights and duties he wld be confronted with two propaganda difficulties. First SPD and Commies say we are trying to bind a Germany which does not exist and second they argue we make impossible any agreement with the Sovs. On other hand, Adenauer felt he wld escape these difficulties if provision was made to say Federal Republic may not in any negotiation concerning a united Germany escape its obligations, etc. Secretary believed such a provision wld say the same thing in a different way and if Adenauer felt it met his domestic difficulties we should try to go along. McCloy confirmed by Fitzpatrick [ Kirkpatrick ?] reported Adenauer’s willingness to withdraw the substitute text which he had submitted in afternoon. Eden noted comparable problem raised in Parliament. After general discussion following text in alternate forms agreed for consideration overnight:
“Alternate A”
“Upon assumption by a unified Germany of the obligations of Federal Republic towards three power or any of them under the present convention and related conventions and treaties for the formation of an integrated European community, the three powers will extend to such a unified Germany the rights which the Federal Republic enjoys under those conventions and will for their part agree that its rights under those treaties shall be similarly extended. Except by common consent of all parties to this convention Federal Republic shall not conclude any agreement or enter into any arrangement which wld impair the rights of three powers under those conventions and treaties or lessen the obligations of Federal Republic thereunder.”
“Alternate B”
“The three powers shall, in the event of the unification of Germany, extend to a unified Germany the rights which the Federal Republic has under the present convention and related conventions and will for their part agree that the rights under the treaties for [Page 103] the formation of an integrated European community should be similarly extended, upon the assumption by such a unified Germany of (it being understood that a unified Germany assures) obligations which Federal Republic owes to three powers or to any of them under those conventions and treaties. Except by common consent of all parties to this convention Federal Republic shall not conclude any agreement or enter into any arrangement which would impair the rights of the three powers under those conventions and treaties or lessen the obligations of Federal Republic thereunder.”
[Here follows discussion on changes in the Tripartite Declaration on the strength and integrity of the European Defense Community.]
- Repeated to Paris and London.↩
- For text of the Convention on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic of Germany, see Senate Q and R , pp. 89–130 or Cmd. 8571, pp. 17–58. For an extract from this convention, see Document 53.↩
- For full text of the Convention on the Settlement of Matters arising out of the War and the Occupation, see Senate Q and R , pp. 25–88, or Cmd. 8571, pp. 75–135.↩
- For text of the Convention on the Relations between the Three Powers and the Federal Republic of Germany, see Document 51.↩