662A.00/5–2052: Telegram
No. 38
The United States High Commissioner
for Germany (McCloy) to the Department of
State1
2935. Fol is one of series summary reports mtg HICOMers, Chancellor on 19 May.2
1. Title of convention on relations.
Chancellor asked that to the official title “Convention on relations between the three powers and the FedRep” should be added in parenthesis “Deutschland Vertrag” stressing importance of this addition for its popular appeal and propaganda purposes. When we informed him that for reasons already reported this would not be appropriate, he said he would wish to discuss point with Foreign Ministers.
2. Entry into force of agreements (Ref para 3 Bonn to Dept 28663).
Chancellor raised this question again and we referred to our agrmt with him on 16 [15] May reported in reftel. He said however he still wished discuss this point with FonMins.
3. Memo of agrmt—Art 4—rights and obligations.4
Chancellor referred to today’s AP press report this agrmt and said that he would surely be questioned on it by Foreign Affairs Committee. Since he had to be in a position to tell committee that he had negotiated no secret agrmts, best he could do at present juncture was to give us statement that he recognized that in due course an understanding on this matter would have to be reached. [Page 76] Although text memo is agreed at expert level subject to one point, there appears to be no immediate prospect of obtaining signature.
4. Non-discrimination by Ger authorities.
(Ref para 6 Bonn to Dept 2823 of 14 May5). After Chancellor reported that on reflection he was unable find satisfactory formulation provisions Article 6 rights and obligations convention and repeated argument that provision this kind had no place in “partnership agreement”, HICOMers agreed to withdraw this article. Part of this provision can perhaps go into operating arrangements under Article 4 of this convention and part will have to depend on general provisions for cooperation and security.
5. Organizations serving forces, Art 15 rights and obligations.
After long discussion agreement finally reached text this art which will permit assimilation of organizations to forces (a) if they are non-commercial organizations, (b) enterprises providing technical or professional services for forces after notification to Ger authorities, and (c) in other cases after consultation with Ger authorities. Employees of organizations also assimilated in cases (a) and (b) but not (c). I believe this agreement, which Gers have been most unwilling to concede, will cover requirements of forces.
6. Direct construction Arts 16 (B) and 16 BB, R and O.
Chancellor and Schaeffer accepted direct procurement of construction services on basis letter I will send Schaeffer giving him assurance as to manner in which this right will be exercised by US forces.
7. Expulsions from fed territory—Art 39 R and O.
Gers pointed out with respect paras 2, 3, 5 and 6 this article that although FedRep and Laender have current jurisdiction under basic law in field expulsions; under present legislation this is matter for laender. Therefore these provisions involve difficulty of committing laender and require Bundesrat approval. We agreed retain paras 1 and 4 and leave remainder provisions for inclusion in memo of agreement under Art 4.
8. Application and revision clause Art 1 (Ref para 3, Bonn to Dept 2867 of 16 May6)—Poncet read statement he was directed to make on this matter by Schuman, gist of which was that Gers had been fully informed in Paris of French and Belgian need to be covered logistically as well as financially until 30 June 1953; that financial coverage to June 1953 without corresponding logistical support was meaningless; that in the French view there had been an understanding on this point between Blank and Alphand; that it would be impossible for French Govt to defend before Parliament [Page 77] contractual agreements which did not have interim provision for French needs; finally that Ger attitude this matter was putting whole negotations in danger. Chancellor replied that while he quite agreed there had to be some transitional arrangement for logistical support French troops, French were in fact asking for a great deal more than justified, which he said would put them in an advantageous position vis-à-vis other EDC countries when EDC treaty came in effect. He insisted problem be settled—within EDC framework.
Poncet then requested Chancellor to inform Blank and Hallstein of his agreement that some transitional provision be made for French logistical needs and said he hoped problem could be settled in Paris.
9. General clause in rights and obligations convention referring to EDC treaty.
Chancellor submitted following text this clause for inclusion in rights and obligations convention: “The rights and obligations of the contracting parties to the EDC treaty set forth in that treaty shall not be disturbed”.
We informed Chancellor it would be necessary to study this draft in connection EDC treaty, particularly with reference question of priorities.
10. Observance of German law—Art 2 R and O.
After weeks of discussion and redrafting this article, Gers were still insisting on phrase “forces shall observe Ger law” in para 1. We were prepared agree “respect Ger law etc.,” but after discussion Chancellor finally said he thought whole para 1 unnecessary. This para now dropped.
11. ACA legislation—
(Ref para 4 of Bonn to Dept 2867)—
At Chancellor’s request we agreed send letter indicating our willingness to deprive of effect proclamation number two and CC laws numbers 10, 23 and 25, with exception certain definition in Law 101.
12. Accommodation—Article 16 A—rights and obligations.
Mtg agreed that quarters vacant for six months shall be automatically released (this was primarily UK not US problem). Schaeffer requested that local joint boards on accommodation should be continued in next period and in fact expanded.
13. Tax exemption of members of forces—Article 30—rights and obligations.
Meeting continued attempt to devise language which would prevent laender taxation of forces and at same time would not require specific Bundesrat approval. After considerable discussion it was agreed that Fed Govt would introduce as soon as possible legislation to secure exemption of forces and their members from Land [Page 78] and other local taxation. Pending entry into force of such legislation Fed Govt shall take, in consultation with Laender authorities, all measures necessary to protect forces and their members from levying such taxes. Fed Govt will give allies letter on above lines. Schaeffer feels certain Bundesrat will pass adequate law as matter of international comity, so long as it is not part of the complex of contractual agreements, as if it were it might jeopardize ratification entire package. If Fed Govt fails to pass such a law, Schaeffer said he would undertake not only to make members of forces “harmless” from taxation by payment to or reimbursement of Laender, but in addition would put through Bundestag a separate treaty which would require Bundesrat approval guaranteeing continuous payment or reimbursement to Laender. (Agreement, of course, provides for exemption from fed taxes.) Schaeffer did not want to include this commitment in present agreement because that might constitute open invitation to Bundesrat to reject legislation referred to above.
14. Berlin statement of principles.
Copy of declaration on Berlin was transmitted to Adenauer.7
15. Atomic Energy.
In accordance with Dept to Bonn 3199 rptd info Paris 6826, London 6026 of 18 May8 and after discussions with other HICOMers, I informed Adenauer that we could tentatively agree to review limitations on production and acquisition nuclear fuel in 18 months rather than three years but that this decision would have to be confirmed at his meeting with the FonMins. (Possibility this matter may be cleared up before FonMins meeting.)
16. Guided missiles.
In view of discussions in Paris this matter, subject was not raised this meeting.
17. Next meeting.
1000 hours 21 May to discuss finance convention.9
- Repeated to Paris for Draper and MacArthur and to London and EUCOM.↩
- No other report on the meeting with Chancellor Adenauer on May 19 has been found in Department of State files. However, meetings were held May 16, 17, and 18 either among the High Commissioners or between the High Commissioners and representatives of the Federal Republic. On May 16 the High Commissioners discussed the distribution of the German financial contribution. (Telegrams 2889, 2890, and 2891 from Bonn, May 17, 740.5/5–1752) On May 17 the High Commissioners discussed the financial contribution with Schaeffer and Blank (telegram 2911 from Bonn, May 18, 740.5/5–1852), and on May 18 the High Commissioners continued their discussion on the financial contribution with Schaeffer alone. (Telegram 2912 from Bonn, May 18, 740.5/5–1852) No final agreement was reached through these discussions.↩
- Supra.↩
- Article 4 of the rights and obligations convention dealt with reciprocal assistance and security. Paragraph 2 of Article 4 stated that the reciprocal assistance would be extended in accordance with an understanding that would be reached between the appropriate authorities, presumably the High Commissioners and the Federal Chancellor. No copy of the text of this memorandum as agreed on at the expert level has been found in Department of State files.↩
- Document 34.↩
- See footnote 2, supra.↩
- For text of the declaration on Berlin, see Document 538.↩
- Telegram 3199 stated that there was no objection to a review of the limitations on the production and acquisition of nuclear fuel in 18 months rather than 3 years. (740.5/5–1652)↩
- See telegram 2986, Document 41.↩