Foreign Relations of the United States, 1951, European Security and the German Question, Volume III, Part 2

CFM files, lot M–88, box 185, contractual arrangements general, 1951

Report by the Allied High Commission for Germany to the Foreign Ministers of the United States, France, and the United Kingdom on the Status of Contractual Negotiations with the Federal Republic of Germany¹

secret

[Bonn,] November 17, 1951.

HICOM/P(51)91

I. Introduction

1. In submitting this report on the status of the contractual negotiations between the High Commission and the Federal Government, the High Commissioners wish to draw the attention of the Foreign Ministers to the general political atmosphere at present obtaining in the Federal Republic, and clearly evidenced recently in the legislative bodies. Even assuming that the present difficulties involved in the contractual arrangements mentioned in this report are solved in a manner acceptable to both sides, the Federal Government will have very considerable difficulties in obtaining the majority requisite for the ratification of the Agreements. In many circles in the Federal Republic (and in particular those receptive to the vigorous and continuous campaign carried on by the SPD) the concessions made to the Germans in the Washington decisions have been discounted. The Federal Chancellor is under heavy and continuing political pressure both from the SPD and from certain elements within his own coalition to insist on even greater concessions by the Allies in return for German participation in Western Defense. The longer the negotiations continue, the greater this pressure will become. The situation is further complicated by the strong and natural desire of most Germans for reunification and the deeply-rooted suspicion that integration into the Western European Community is prejudicial to the cause of reunification and, in addition, may further exacerbate East-West relations.

2. The High Commissioners are convinced that the Chancellor himself is sincerely in favor of German integration into the Western European Community. Nevertheless, the above factors, together with the fact that his coalition government possesses only a small majority, have led the Chancellor, since the negotiations began, to concentrate on the “Agreement on General Relations”,² at the same time doing everything possible to reduce to the minimum the powers which the Allies still consider it necessary to reserve. While it is in the overall interests of the Allies to assist the Chancellor and strengthen the position of the Federal Government vis-à-vis the German public, the High Commissioners feel that this should not be done at the expense of the basic concept embodied in the Washington Instructions³ that the “Agreement on General Relations” and the various other Conventions constitute an indivisible whole, and that the “Agreement on General Relations” cannot stand by itself.

3. The following sections of the report state briefly the present status of the negotiations on the various Agreements (Agreement on General Relations, Charter of the Arbitration Tribunal, Acts and Certain Interests of the Three Powers and the Transfer of Certain Responsibilities to the Federal Republic, Status of Foreign Forces Stationed in the Federal Republic and their Protection, Logistical and Financial Support, and Security Safeguards), and point out certain basic problems of which the Foreign Ministers should be aware. Finally, brief comments are also included on two other problems, namely, the Security Guarantee and War Criminals, which are also involved in the framework of the contractual arrangements.

II. Agreement on General Relations

4. Since the Washington Conference, nine meetings have been held between the High Commissioners and the Federal Chancellor for the purpose of discussing this draft agreement. On November 14, the Chancellor and the High Commissioners agreed that the text attached as Annex A hereto should be submitted to the Foreign Ministers for approval.⁴ At the same time, the High Commissioners submit certain questions for decision by the Foreign Ministers, and also wish to draw their attention to certain significant aspects of the Agreement.

5. problems requiring decision by the foreign ministers

(a) Declaration of a State of Emergency

The present instructions to the High Commissioners are that the Western Powers should have a right to declare a state of emergency in the Federal Republic in the event of internal upheaval or an external threat, not restricted by the possibility of arbitration or other review. The Federal Chancellor, on the other hand, maintains that retention of such an unrestricted right by the Allies is not only basically opposed to the concept of German partnership in the European Community but is a violation of democratic principles, and moreover goes beyond rights possessed by the governmental authorities in Allied countries. The Chancellor has stated that he would gladly accept any formula which gave to the Federal Republic the same type of democratic safeguards against arbitrary action which exist in Great Britain, France or the United States.

After prolonged negotiation, and in an attempt to avoid a deadlock on this issue, the High Commissioners have considered tentatively the possibility of permitting the Federal Government, after a state of emergency has been declared, to appeal to some outside body, such as the NATO Council, which would examine the situation and determine whether or not the state of emergency should be terminated. The French High Commissioner considers that the NATO Council would not be suitable and suggests SHAPE as an alternative.

(b) The Oder-Neisse Line

A further serious problem has been raised by the Federal Chancellor who, while pressing for assurances in the Treaty that the Allies will cooperate in bringing about a unified Germany, announced that he considered these assurances implied Allied support for inclusion of the territories beyond the Oder-Neisse line in a unified Germany.

To avoid later misunderstandings the High Commissioners made it clear, and proposed an agreed minute to this effect, that nothing in the Treaty implied any commitment on the Allied side regarding the disposition of this territory or other territories outside the jurisdiction of the Federal Republic or the Soviet Zone, and that when they spoke of a unified Germany they referred to the unification of the Federal territory with that of the Soviet Zone. They pointed out that their Governments had consistently maintained that the establishment of Germany’s frontiers and the disposition of the eastern territories should await the peace settlement. Furthermore, they had repeatedly protested against the Soviet efforts to dispose of the territory beyond the Oder-Neisse line before that time.

The Federal Chancellor made a strong protest against any implications that insofar as unification of Germany was concerned the Allies were entitled to make any distinction between the lands east or west of the Oder-Neisse. He asserted the impossibility of obtaining Bundestag support for any policy of integration if there were any hint that the Allies were not prepared to support the claims of Germany for the restoration of these territories.

Since it is unlikely that the Federal Chancellor and his Foreign Office were unaware that the Allies had reserved their position in regard to these Eastern territories, it seems probable that, by raising this issue, he hoped to bring pressure on the Allies to modify their policy and thus to fortify his political position by appearing as champion of the thousands of refugees from the East.

Although the Federal Chancellor may be induced to withdraw his extreme demand and recognize that this Treaty cannot prejudice the ultimate disposition of Germany’s Eastern territories, this issue is politically explosive in Germany and, once raised, cannot be over-looked, even at the risk of increasing the difficulties of obtaining general support for the new relationship. On the other hand, the High Commissioners assume that the Allied Governments, although they are ready and wish to bring about the unification of the four zones of occupation, cannot, at this stage, completely revise their previous policies and now support German territorial aspirations.

6. problems resolved at the high commission level subject to specific approval by governments

The following problems have been settled by specific formulations in the Draft Agreement, subject to approval by Governments, which may have been received prior to the Paris meeting:

(a) Relations with the USSR and Satellite Nations (Article III, paragraph 3)

This clause has been included at the request of the Federal Chancellor. It provides for consultation by the Three Powers with the Federal Republic, where the latter’s political interests are directly involved.

(b) Rights and Obligations of a Unified Germany (Article VII, paragraph 2)

This, clause has been inserted as a result of the Chancellor’s desire to emphasize in the Agreement that the unification of Germany should not bring with it any reduction in the liberties granted to the Federal Republic by the present Agreement. At the same time, however, the High Commissioners have pointed out, and so specified in the formulation, that these benefits carry with them certain obligations to the Western European Community, which a unified Germany would be required also to assume.

(c) Revision Clause

The Chancellor pointed out that the Allied draft provided no terminal date. After originally proposing a very broad clause, he agreed to Article X of the draft agreement which provides for review in the event of specified fundamental changes in the international situation or other changes which the parties agree to be of a similarly fundamental character.

7. basic difficulties encountered in the course of negotiations

(a) Source of Rights Retained by the Three Powers

The High Commissioners, in accordance with the Foreign Ministers’ instructions, have maintained that these rights stem from the unconditional surrender of Germany and the assumption of Supreme Authority by the Allies evidenced by the Declaration on the Defeat of Germany of 5 June 1945.⁵ The Federal Chancellor, on the other hand, although he is prepared to raise no objection to the retention of Allied rights with respect to Germany as a whole and Berlin, argues that the assumption of Supreme Authority by the Allies was for the reason that (as stated in the Declaration of 5 June 1945), there was no central government or authority in Germany capable of accepting responsibility for the maintenance of order or the administration of the country and compliance with the requirements of the victorious Powers. He maintains, however, that this condition no longer exists, and therefore the Allied rights within the Federal Territory flowing from the unconditional surrender and the Declaration of 5 June 1945 have ceased to exist. Furthermore, he points out our admission that the Allied troops are no longer troops of occupation but are stationed in the Federal Republic for the purposes of Western defence and states that this in itself negates any occupational basis for the continuance of Allied rights in this field. Apart from this attempted legal justification, the Federal Chancellor has also stated that, from the political point of view, it would be quite impossible for the Federal Government at this stage to acknowledge in an agreement the continuance of occupational rights. He is willing, however, to agree that the Federal Republic would cooperate with the Allies in the exercise of the rights hitherto exercised or held by them and refrain from acts prejudicial to them. He would also have been willing to grant the rights contractually. The Allies have nevertheless been put on notice that the Federal Government does not recognize, particularly with respect to the stationing of troops, that the juridical basis of the Allied rights is unconditional surrender, the assumption of Supreme Authority, and the Declaration of 5 June 1945.

(b) Stationing of Armed Forces of Other Nations

Under the original quadripartite agreements of June 1945, the Allied Powers have the right to bring into Germany contingents from any Allied nation which took part in the war against Germany. Under this provision there are at present Belgian, Danish, Norwegian, and Canadian contingents in the British Zone and a small Luxembourg contingent in the French Zone. The Federal Chancellor was reluctant to agree that the Allies should have an unlimited right to bring in contingents of the armed forces of other Allied nations.

The wording of the present draft retains the original right of the Allies in this regard, although paragraph 3 of Article IV has been inserted so as to permit contingents of any nation other than those at present providing contingents to be brought in only with the consent of the Federal Government, except in case of external attack or imminent threat of such attack.

8. The Foreign Ministers will observe that paragraph 7 of Article V of the attached draft agreement provides that, independently of a state of emergency, any military commander may, if his forces are immediately menaced, take such immediate action appropriate for their protection (including the use of armed force) as is requisite to remove the danger.

The U.S. Commander has, however, pointed out to the High Commissioners that a right should also be retained whereby military commanders could take such action as was necessary for the carrying out of their missions. He considers that the provisions for declaration of a state of emergency, or the provision quoted above, are not adequate to cover all the circumstances under which it may be necessary for the military to take direct action such as, for example, the construction of demolition chambers in bridges or even the laying of protective mine fields. The High Commissioners consider that this problem might be solved within the framework of the Agreement on Logistical and Financial Support.

III. Charter of the Arbitration Tribunal

9. Negotiations with the Germans on the Charter of the Arbitration Tribunal are proceeding normally. While a number of points remain outstanding, the most serious of which is the German reluctance to permit the Tribunal to authorize an aggrieved party to take corrective measures if a defaulting party fails to comply with the Tribunal’s orders, it is believed that all can be resolved at the High Commission level.

IV. Agreement on Acts and Certain Interests of the Three Powers and the Transfer of Certain Responsibilities to the Federal Republic

10. This Agreement, formerly called the “Programs Convention”, includes the following topics: (1) validity of rights and obligations created by acts of the Occupation Authorities or under certain treaties, and non-discrimination against persons cooperating with or aiding the Allies; (2) deconcentration and decartelization; (3) internal restitution; (4) compensation for victims of Nazi persecution; (5) external restitution; (6) reparations; (7) displaced persons and refugees; (8) claims against Germany (and external debts); (9) German claims against foreign nations or nationals; (10) foreign interests; (11) material aid to Berlin; and (12) civil aviation.

11. Allied drafts on eleven of the above twelve subjects have been given to the Germans but the latter have been ready so far to have preliminary discussions on only a few of them. The draft of the remaining part (Civil Aviation) is nearly complete. It may be assumed that the part on decartelization and deconcentration and the part on reparations (in particular, the problem of German external assets) will give the greatest difficulty.

12. In the negotiations, the Germans have consistently taken the position that none of the subjects proposed by the High Commission may properly be the subject of a contract, as none of them were referred to in the Foreign Ministers’ communiqué issued in Washington in September 1951,⁶ nor do they fall within the three “reserved rights”.

13. The negotiations would be considerably facilitated if the Foreign Ministers in their talks with the Chancellor in Paris would stress the importance to the Allies of the matters included in this proposed Agreement. If any general communiqué is to be issued by the Foreign Ministers referring to all of the Agreements, it would be helpful if it could stress the necessity for these matters also to be included.

V. Agreement Concerning the Status of Foreign Forces Stationed in the Federal Republic and Their Protection

14. The German negotiators are not at present insisting upon their original position that the NATO Status Agreement should be taken as a basis for negotiation, and that any requirements additional thereto should be specifically justified by the Three Powers. They have agreed to accept the Allied draft as a basis for discussion.⁷ Their criticism of particular provisions of that draft are usually based on a contention that, without military justification, they constitute extraordinary encroachments on German jurisdiction, or impose one-sided obligations on the Germans.

15. The High Commissioners consider that the negotiation of this Agreement will present a certain number of difficulties to which for the present they do not believe it necessary to refer more specifically. They feel that it may subsequently prove necessary to submit certain questions to their Governments for decision.

VI. Agreement on Logistical and Financial Support

16. A tripartite draft agreement is now in process of preparation, which, however, relates solely to those matters of logistical support which do not directly involve financial questions. These include provisions determining what facilities, services and supplies are necessary and what should be the method of allocating and procuring them, without prejudice to the question of the source of payment.

17. The High Commissioners recommend that all possible steps be taken to reach decisions as soon as possible with respect to Germany’s financial contribution, which will enable negotiations with the Germans to begin.

18. A disagreement exists among the High Commissioners with respect to the procedure regarding the draft agreement referred to in paragraph 16 above. The US and UK High Commissioners would wish, as soon as the tripartite draft has been completed, to proceed to discussions with the Germans on logistical support, without prejudice to the financial aspects. The French High Commissioner believes that it is useless to begin discussion with the Germans as long as the main question—i.e., the source of payments-has not been settled. He recommends, therefore, that prior to any discussion with the Germans a draft Agreement should be agreed within the High Commission covering both the logistical and financial support of the forces.

19. The High Commissioners request the instructions of the Foreign Ministers on this question.

VII. Security Safeguards

20. Since the governments have not yet agreed the report of the London Study Group, it has not so far been possible to work out an Allied draft of the Agreement envisaged on Security Controls (including the prohibition of paramilitary police forces), or to commence negotiations on this subject with the Germans.⁸ It can, however, already be said that it will be extremely difficult to bring the Federal Government to accept a draft Agreement on the lines fixed by the Foreign Ministers in Washington and elaborated by the London Study Group. The Federal Chancellor has declared that he could in no circumstances accept security restrictions on German industry, other than those which would result from the application of decisions taken by the European Defense Community within the framework of the defense production program of the European Defense Community. The High Commissioners emphasize the importance of an early decision on this matter.

VIII. Security Guarantee

21. Because of the great significance attached by the Federal Government to a commitment by the Allies renewing their security guarantee and agreeing to maintain adequate forces in Germany for its protection against attack, the three Governments have proposed the following text as an Allied Declaration to be made at an appropriate moment:

“On September 19, 1950 the Foreign Ministers of the three Allied Powers declared that their Governments would treat any attack against the German Federal Republic or Berlin from any quarter as an attack upon themselves. The establishment of the (proposed) new relationship between the Allied Powers and the German Federal Republic does not alter or diminish the effect of that declaration. The Three Powers consider that the integrity of the German Federal Republic and Berlin is important to the peace of the free world. Consequently, the Allied Powers will maintain armed forces within the territory of the German Federal Republic and Berlin for such time as they deem necessary, having regard to their special responsibilities and the world situation.”

22. This draft was handed to the Chancellor on November 2, as a tentative proposal for dealing with this subject. He considers this presentation as somewhat negative and has suggested the following alternative draft:

“On the occasion of the Treaty and Conventions signed today, establishing a new basis for the relationship between France, the United Kingdom and the United States of America, on the one hand, and the Federal Republic of Germany, on the other, the Three Powers declare that they consider the (political and territorial) integrity of the Federal Republic and Berlin an essential prerequisite for the peace of the free world.

The Three Powers, confirming and implementing the policy pursued so far, declare that they would treat any attack against the Federal Republic or Berlin from any quarter as an attack upon themselves.

For the practical implementation of this Declaration by which the external security of the Federal Republic is fully guaranteed, and as a consequence of their special responsibilities, the Three Powers will maintain armed forces within the territory of the Federal Republic and Berlin for such time as the world situation requires.”

23. The High Commissioners suggest that the Foreign Ministers discuss this matter with the Chancellor at the Paris meeting, but that, if agreement is reached thereon, the publication of the Declaration should be withheld until an appropriate time.

IX. War Criminals

24. The Foreign Ministers have requested the High Commissioners “to examine and make recommendations urgently on the future handling of war criminals in Germany”. Numerous discussions have been held, which indicate four possible solutions with regard to custody:

(1) the Federal Government to undertake custody of the criminals;

(2) removal of the criminals to the countries of the Three Powers;

(3) continued detention under Allied control in Germany;

(4) continued detention in Germany under the control of an international body.

25. This question has also been discussed with the Federal Chancellor who agreed to give his comments thereon to the High Commissioners. Until these are received, the High Commissioners prefer not to make any final recommendations to their Governments. They wish to emphasize however that this is an important issue which must be solved by the time that the contractual agreements are signed.

Annex A

Draft Agreement on General Relations⁹

secret

[Bonn, November 17, 1951]

article i

1. The Federal Republic shall have full authority over its domestic and external affairs, except as provided in this Convention.

2. The Three Powers will revoke the Occupation Statute and abolish the Allied High Commission and the Offices of the Land Commissioners, upon the entry into force of this Convention and the Conventions listed in Article VIII (called herein “the related Conventions”.)

3. The Three Powers will thenceforth conduct their relations with the Federal Republic through Ambassadors who will act jointly in matters the Three Powers consider of common concern under this Convention and the related Conventions.

article ii

1. In view of the international situation, the Three Powers retain the rights, heretofore exercised or held by them, relating to (a) the stationing of armed forces in Germany, and the protection of their security, (b) Berlin, and (c) Germany as a whole, including the unification of Germany and a peace settlement.

2. The Federal Republic will refrain from any action prejudicial to these rights and will cooperate with the Three Powers to facilitate their exercise.

article iii

1. The Federal Republic agrees to conduct its policy in accordance with the principles set forth in the Charter of the United Nations and with the aims defined in the Statute of the Council of Europe.

2. The Federal Republic affirms its intention to associate itself fully with the community of free nations through membership in international organizations contributing to the common aims of the free world. The Three Powers will support applications for such membership by the Federal Republic at appropriate times.

3. In their negotiations with States with which the Federal Republic maintains no relations, the Three Powers will consult with the Federal Republic in respect to matters directly involving its political interests.^*

4. At the request of the Government of the Federal Republic, the Governments of the Three Powers will arrange to represent the interests of the Federal Republic in relations with other States and in certain international organizations or conferences, whenever the Federal Republic is not in a position to do so itself.

article iv^†

1. The mission of the armed forces stationed by the Three Powers in the Federal territory will be the defense of the free world, of which the Federal Republic and Berlin form part.

2. The Three Powers will consult with the Federal Republic insofar as the military situation permits, regarding the stationing of such armed forces in the Federal Republic. The Federal Republic will cooperate fully, in accordance with this Convention and the related Conventions, in facilitating the tasks of such armed forces.

3. Except in case of external attack or imminent threat of such attack, the Three Powers will obtain the consent of the Federal Republic before bringing into its territory, as part of their forces, contingents of the armed forces of any nation not now providing such contingents.

4. The Federal Republic will participate in the European Defense Community in order to contribute to the common defense of the free world.

article v

1. In the exercise of their right to protect the security of the armed forces stationed in the Federal Republic, the Three Powers will conform to the provisions of the following paragraphs of this Article.

2. The Three Powers may proclaim a state of emergency in the whole or any part of the Federal Republic if [Allied: they find that]¹⁰ the security of the forces is endangered—

by an attack on the territory of the Federal Republic or Berlin, or

by subversion of the liberal-democratic basic order, or

by a serious disturbance of public order, or

by a grave threat of any of these events,

and [Allied: that]¹⁰ the Federal Republic and the European Defense Community are unable to deal with the situation.

3. Upon the proclamation of a state of emergency, the Three Powers may take such measures (including the use of armed force) as are necessary to maintain or restore order and to ensure the security of the forces.

4. The proclamation will specify the area to which it applies. The state of emergency will not be maintained any longer than necessary to deal with the emergency.

5 The Three Powers will consult to the fullest extent possible with the Government of the Federal Republic before proclaiming a state of emergency and while the state of emergency continues. They will utilize to the greatest possible extent the assistance of the Federal Government and the competent German authorities.

6. (German proposal for review procedure: to be discussed)¹¹

7. Independently of a state of emergency, any military commander may, if his forces are imminently menaced, take such immediate action appropriate for their protection (including the use of armed force) as is requisite to remove the danger.

8. In all other respects, the protection of the security of these forces is governed by the provisions of the related Convention.

article vi

1. The Three Powers will consult with the Federal Republic in regard to the exercise of their rights relating to Berlin. The Federal Republic^‡ will cooperate with the Three Powers in order to facilitate the discharge of their responsibilities with regard to Berlin.

2. The Federal Republic will continue its aid to the political, cultural, economic, and financial reconstruction of Berlin, and in particular will grant it such aid as set out in the annexed Declaration of the Federal Republic (Annex_____of the present Convention).^§

article vii

1. The Three Powers and the Federal Government will cooperate to achieve, by peaceful means, their common aim of a unified Germany enjoying a liberal-democratic constitution, like that of the Federal Republic, and integrated within the Western European Community.^║

2. The Three Powers and the Federal Republic agree that a unified Germany shall be bound by the obligations of the Federal Republic under this Convention and the related Conventions and the Treaties for the formation of an integrated European Community, as adjusted according to their terms or by agreement of the parties thereto, and shall likewise be entitled to the rights of the Federal Republic under these Conventions and Treaties.

3. The Three Powers and the Federal Republic are agreed that a peace settlement for the whole of Germany freely negotiated between Germany and her former enemies is an essential aim of their common policy.

4. The Three Powers will consult with the Federal Republic on all other matters involving the exercise of their rights relating to Germany as a whole.¹²

article viii

The Three Powers and the Federal Republic have entered into the following related Conventions which will become effective upon the coming into force of this Convention:

article ix

1. There is hereby established an Arbitration Tribunal which shall function in accordance with the provisions of the annexed Charter.

2. The Arbitration Tribunal shall have exclusive jurisdiction over all disputes arising between the Three Powers and the Federal Republic under the provisions of this Convention or any of the related Conventions, which the parties are not able to settle by negotiation, except as otherwise provided by paragraph 3 below or in the related Conventions.^¶

3. Any dispute involving the rights of the Three Powers referred to in Article II, or action taken thereunder, or involving the provision of Article V, paragraphs 1 to 7 inclusive, shall not be subject to the jurisdiction of the Arbitration Tribunal or of any other tribunal or court.

article x

The Three Powers and the Federal Republic will review the terms of this Convention and the related Conventions—

(1) Upon the request of any one of them, in the event of the unification of Germany or the creation of a European federation; or

(2) Upon the occurrence of any other event which all the signatory States recognize to be of a similarly fundamental character.

Thereupon, they will, by mutual agreement, modify this Convention and the related Conventions to the extent made necessary or advisable by the fundamental change in the situation.

article xi

1. This Convention and the related Conventions shall be ratified by the signatory States in accordance with their respective constitutional procedures. The instruments of ratification shall be deposited by the signatory States with the Government of the______________.

2. This Convention shall come into force immediately upon:

(a) the deposit by all the signatory States of ratifications of this Convention and of all the Conventions listed in Article VIII; and

(b) the coming into force of the treaty relating to German participation in Western Defense (European Defense Community).

3. This Convention and the related Conventions shall be deposited in the Archives of the Government of the ________________ which will furnish each signatory State with certified copies thereof and notify each such State of the date of the coming into force of the Convention and the related Conventions.

In faith whereof the undersigned representatives duly authorized thereto have signed this Convention.

Done at _______ this ________ day of ___________,1951, in the English, French and German languages, all being equally authentic.

1. Attached to the source text was a cover sheet, not printed, which indicated that the report was prepared by the Special Committee and approved by the High Commissioners for transmission to their Foreign Ministers.
2. Attached as Annex A.
3. For the text of the instructions issued by the Foreign Ministers at Washington, September 14, see p. 1197.
4. For a report on the November 14 meeting, see telegram 392, November 15, p. 1579.
5. For the text of the Declaration Regarding the Defeat of Germany and the Assumption of Supreme Authority With Respect to Germany by the Governments of the United States, the Union of Soviet Socialist Republics, the United Kingdom and the Provisional Government of the French Republic, signed at Berlin on June 5, 1945, see TIAS No. 1520 or 60 Stat. 1649.
6. For the text of the Foreign Ministers communiqué, see p. 1306.
7. Presumably this is a reference to the status-of-forces agreement drafted by the working group on Status and Protection Convention, October 17, not printed. A copy of this draft is in the CFM files, lot M–88, box 193, status of forces (draft papers).
8. For documentation on the work of the Tripartite Group on Germany concerning security controls for Germany, see pp. 1701 ff.

9. The text of the draft general agreement was discussed by the Foreign Ministers on November 21 and the following preamble approved in addition to the other changes listed below. The resulting document was circulated as Rome D–8,. November 22, and is the text approved by Chancellor Adenauer on November 22. For a report on the Foreign Ministers meeting on November 21, p. 1597. Regarding their meeting with Adenauer oh November 22, see footnote 1, p. 1604.

   “Preamble

   Whereas a peaceful and prosperous European community of nations firmly bound to the other free nations of the world through dedication to the principles of the Charter of the United Nations can be attained only through united support and defense of the common freedom and the common heritage;

   Whereas it is the common aim of the Signatory States to integrate the Federal Republic on a basis of equality within the European Community itself included in a developing Atlantic Community;

   Whereas the achievement of a fully free and unified Germany through peaceful means and of a freely negotiated peace settlement, though prevented for the present by measures beyond their control, remains a fundamental and common goal of the Signatory States;

   Whereas the retention of the Occupation Statute with its powers of intervention in the domestic affairs of the Federal Republic is inconsistent with the purpose of such integration;

   Whereas the Three Powers are therefore determined to retain only such special rights, the retention of which, in the common interest of the Signatory States, is necessary in regard to the special international situation of Germany;

   Whereas the Federal Republic is determined to maintain a liberal-democratic federal constitution which guarantees the rights of the individual and which is enshrined in its Basic Law, and has developed free and responsible political institutions;

   Whereas the Federal Republic shares with the Three Powers a determination to abide by the principles of the Universal Declaration of Human Rights;

   Whereas the Three Powers and the Federal Republic recognize the new relationship established by these Conventions and the Treaties for the creation of an integrated European Community as essential steps to the achievement of their common aim for a unified Germany integrated within the Western European Community; [A footnote in the source text at this point stated: “There will eventually be inserted here a reference to the European Community for Coal and Steel and the European Defense Community.”]

   Now therefore, the United States of America, the United Kingdom of Great Britain and Northern Ireland, and France, on the one hand (referred to herein as the Three Powers), and the Federal Republic of Germany, on the other, have entered into the following Convention to set forth the basis for their new relationship:”

10. For decision by Governments. [This and subsequent footnotes indicated by symbols rather than numbers are in the source text. They were deleted by the Foreign Ministers during their discussion of the draft general agreement on November 22.]
11. This Article should also, in the Allied view, include a reference to whatever provisions are later agreed upon regarding restrictions on other military activity and regulation of production and research for military purposes. [Footnote in the source text]
10. Brackets in source text. In the final text of the agreement, approved by the Foreign Ministers and Chancellor Adenauer, the Allied text within the brackets was approved.
10. Brackets in source text. In the final text of the agreement, approved by the Foreign Ministers and Chancellor Adenauer, the Allied text within the brackets was approved.

11. Paragraph 6 of Article V, approved by the Foreign Ministers on November 21, read:

    “If the three powers do not terminate a state of emergency within thirty days after a request by the Federal Government to do so, the Federal Government may submit a request to North Atlantic Council to examine the situation and consider whether the state of emergency should be terminated. If the Council concludes that continuance of the state of emergency is no longer justified, the Three Powers will restore the normal situation as promptly as possible.”

12. The reference to “Laender” here and elsewhere has been deleted on condition that the Federal Government submits an official legal opinion to the effect that where, in a treaty or agreement executed by it, the Federal Republic assumes an obligation to take specific action, the Laender are also obligated to take the same action, even though not specifically mentioned in the treaty or agreement. [Footnote in the source text.]
13. At or before the effective date of these Conventions, the Three Powers intend, as far as the situation in Berlin permits, to relax the controls in Berlin. If this has not already been accomplished, the Three Powers will, by letter to Berlin and the Federal Republic, state their intention to do so promptly. [Footnote in the source text.]

14. (1) The extent of this undertaking was not agreed between the High Commissioner and the Chancellor; this question will be discussed with the foreign Ministers.

    (2) The Preamble will contain a statement, that the Three Powers and the Federal Republic recognize the new relationship established by these Conventions and the treaties for the creation of an integrated European Community as essential steps to the achievement of their common aim for a unified Germany integrated within the Western European Community. [Footnote in the source text]

12. For the text of Article VII as approved by the Foreign Ministers on November 21, see p. 1601.
13. The form of this exception may be subject to revision upon completion of the negotiations of the individual conventions. [Footnote in the source text.]