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

398.10–GDC/9–2251: Telegram

The Acting Secretary of State to the United States High Commissioner for Germany (McCloy), at Frankfurt¹

secret priority

Washington, September 22, 1951—7 p. m.

1928. For Reber. Ref deptel 1457, Aug 28, to Fkft, rptd Berlin 89, Bonn 81.² Dept has reviewed BK/AHC (51) 67, July 27³ in light of deliberations and decisions of WFM’s mtg, and has fol initial comments on numbered sections reference doc:

I) We tentatively agree with your conclusion that no contractual agreements shld be concluded in Berlin but wld appreciate further explanation your objections on legal and political grounds.

II) On assumption in I above we wld favor idea of general declaration as means of implementing FonMin’s instructions re aim to grant Berlin Govt max possible auth consonant with FedRep contractual agreement and Berlin conditions although we have certain doubts which are outlined below.⁴ Revised Statement of Principles wld fail to emphasize sufficiently modified status to be accorded Berlin. Retention of Aide-Mémoire⁵ objectionable for same reasons. Declaration shld we believe clearly reduce reserved authority to minimum requisite to (a) preserve semblance of Kommandatura control, (b) fulfill internatl obligations of Allied Govts, which shld be more explicitly defined than in Berlin draft since this covers generally powers deriving from Allied retention of supreme authority to deal with questions relating to (1) Germany as a whole and (2) Berlin (including stationing and maintaining forces there), (c) intervene in event security is threatened (see Art. VII of draft agreement on gen relation with FedRep approved by FonMin⁶) and (d) assure provision essential information needed for exercise above powers.

While Appendix B draft⁷ coincides generally with Dept’s views as to form of instrument, danger clearly exists that declaration in such broad terms which fails to delineate powers more clearly may give rise to later misinterpretation, controversy and severe Ger disappointment. We assume HICOG Berlin satisfied terms of draft declaration cover areas within fields designated by sub-paras 2 (c) (e) and (i) of Statement of Principles power over which shld be retained in one form or another. Unless Gers clearly aware of this from outset and Allies in agreement as to restrained implementation, however, more specific language may be desirable. FedRep reaction shld also be considered, as Berlin declaration which glosses over substantial reserved powers which may be actively implemented wld probably create misunderstanding Allied intentions re relinquishment of controls.

Dept reserves its opinion on advisability inclusion bracketed reference to preservation of economic and financial stability pending further recommendations from you.

Establishment of consultative Allied-Ger commission in Berlin might be desirable but Dept wld appreciate clarification of contemplated structure and functions such body. Successful use of such a body wld necessitate sincere desire to cooperate fully on part of all participants.

Dept interested info re any approach made to Gers on above subjs by Berlin Polads as authorized in BK/AHC (51) 67.

III) Ur subj this number discussed under V below.

IV) Dept agrees no tripartite Allied org needed to supplement Kommandatura if by this is meant formally constituted body designated to exercise control functions.

V) We favor arrangement whereby senior consular officers Berlin wld exercise civ functions. Commandants shld of course continue as nominally authoritative heads to preserve semblance of Kommandatura in addition to retaining mil command. Title of Counselors of Embassy for senior civ officials wld be acceptable as second choice but seems less suitable than more conveniently ambiguous consular status in overcoming Brit and Fr objections to stressing either Bonn–Berlin ties or Berlin independence. Contd use of term MG by Br and Fr wld appear inconsistent with liberalized policy.

We believe agreement wld have to be reached on similar instrs by three govts to delineate respective spheres of jurisdiction and relationships between their civ and mil representatives in Berlin and to relate such jurisdiction to mil command structure for Berlin. Not clear to Dept how Berlin’s draft declaration obviates need for secret minute or other directive defining relationship Berlin Kommandatura to highest Allied auths in Western Ger.

Re Berlin’s 448 to Fkft, Sept 7, rptd Dept as 370, Bonn as 162,⁸ we believe retention Aide-Mémoire and objections to Berlin’s inclusion in FedRep internatl agreements in acceptable manner both inconsistent with FonMin’s instrs to liberalize Berlin’s status. Dept agrees generally with position taken by US element Berlin as contained BK/AHC (51) 81, Aug 29,⁹ and believes it consistent with FonMin’s instrs. First alternative given under sub-para 8 (d) appears preferable.

It may be necessary reiterate contd suspension of Art. 1, paras 1 and 2 of Berlin Constitution¹⁰ in some instrument related to Berlin’s changed status, although this probably shld not be declaration itself but in separate doc. Similarly, as directed by FonMin’s, suspension of Arts. 23 and 144 (2) of Basic Law shld be continued by legally effective methods.

Dept requests it be kept fully informed of developments.

Webb

1. This telegram, drafted by Montenegro and cleared with Riley, Land, and Lewis, was repeated to Berlin and Bonn.
2. Ante, p. 1937.
3. Ante, p. 1922.
4. Regarding the Foreign Ministers instructions on Berlin, see editorial note, p. 1944.
5. Presumably the aide-mémoire under reference here is the one referred to in the draft paper on Berlin prepared by the Berlin Element on August 31, p. 1938.
6. Included in WFM T–5a, p. 1197.
7. The reference is to Appendix B of BK/AHC (51) 67, p. 1929.
8. Not printed; it reported that the French Commandant wanted strict application of the aide-mémoire of August 30, 1950 (398.10–GDC/9–751).
9. Not found in Department of State files.
10. The paragraphs under reference stated that Berlin was a Land as well as a city and a Land of the Federal Republic of Germany.