Part X

GERMANY, AUSTRIA, AND EUROPEAN SECURITY

A. RELATIONS WITH THE GERMAN FEDERAL REPUBLIC, 1950-1955

1. ALLIED POLICY TOWARD GERMANY: Declaration Issued at London by the Foreign Ministers of the United States, the United Kingdom, and France, May 14, 19501

1. Following the London agreements of June 1948 and the Washington agreements of April 1949,3 the United States of America, France and the United Kingdom replaced the military authority and the direct administration of the occupied territories in force since 1945 by a civilian regime simply of supervision. By virtue of this regime Germany was able to produce a constitution, proceed to free elections, call a parliament, form a government,' and elect a federal president.s The Federal Government and the governments of the laender were able to take over the administration and control of internal German affairs.

Furthermore, by the agreement of April 13, 1949, the Allies decided to ease the burden of reparations on Germany. Some months later under the Petersburg protocol 10 an agreement was reached for a final settlement in regard to the delivery of plant by way of reparations. In the domain of foreign relations the Petersburg protocol made provision for the appointment of German consular and commercial ! Department of State Bulletin, May 22, 1950, pp. 787-788.

See communiqué of June 7, 1948; A Decade of American Foreign Policy, pp. 575-581.

Agreements of Apr. 8, 1949; ibid., pp. 585–590.

The Bonn Constitution: Basic Law for the Federal Republic of Germany (Department of State publication 3526; 1949).

Elections in the German Federal Republic were held Aug. 14, 1949.

The first session of the Bundestag, elected Aug. 14, was opened Sept. 7, 1949. The Bundestag elected Dr. Konrad Adenauer Federal Chancellor, Sept. 15, 1949.

Theodor Heuss was elected President of the Federal Republic, Sept. 12, 1949. A Decade of American Foreign Policy, pp. 1002-1009.

10 Protocol of Nov. 22, 1949; ibid., pp. 1010-1012. (Note: The date of the protocol as printed in the Decade should read "November 22.")

representatives abroad. During the last few months steps have been taken by the Western powers to secure the accession of the Federal Republic to a number of international organizations including the Organization for European Economic Cooperation.'

The progress made has been accomplished in large measure thanks to the action and the influence of the three Allied High Commissioners in whom the three Foreign Ministers are happy again to express their full confidence.

2. The Allies are resolved to pursue their aim laid down in the Washington agreement of April 1949, and reaffirmed at Petersburg that Germany shall reenter progressively the community of free peoples of Europe. When that situation has been fully reached she would be liberated from controls to which she is still subject and accorded her sovereignty to the maximum extent compatible with the basis of the occupation regime. This regime is imposed on the Germans and on the Allies by the consequences of the division of Germany and of the international position. Until this situation is modified it must be retained in accordance with the common interests of Germany and of Europe.

3. In view of the continued refusal of the Soviet Government to permit the inhabitants of their zone of occupation to rejoin their fellow countrymen in a democratic and united Germany, it has not been possible, and will not be as long as this Soviet policy persists, to proceed to the conclusion of a treaty of peace with Germany. The Ministers accordingly agreed to set up a study group in London to undertake the necessary preparatory work to enable the occupation statute to be reviewed at the appointed time and to make recommendations for eliminating the major practical inconveniences arising in the countries concerned from the state of war, on the understanding that in the present situation of Europe supreme authority must remain in the hands of the allied powers.

4. While retaining the framework outlined above the Allies intend to give Germany the possibility of developing freely, while at the same time safeguarding the possibility of peaceful reunification of Germany, which remains the ultimate object of their policy. The three Governments reaffirm the offers which were formulated during the meeting of the Council of Foreign Ministers last June,2 and express the hope that the necessary conditions for the establishment of government for

all Germany may be achieved which would guarantee to all Germans respect for their laws and fundamental liberties and they have agreed upon the conditions which are necessary in their opinion for this purpose.

1 An instrument of accession to the OEEC Convention of Apr. 16, 1948 (supra, pp. 992-1000) was deposited for the French Zone of Occupation of Germany, Aug. 2, 1948, and for the combined U.S.-U.K. Zones, June 15, 1948. The German Federal Republic became an associate member of the Council of Europe (see its Statute of May 5, 1949, supra, pp. 1001-1012), July 13, 1950, and achieved full membership, May 2, 1951.

2 See communiqué of June 21, 1949; A Decade of American Foreign Policy, pp. 110-112.

The Western powers desire to see the pace of progress toward this end as rapid as possible. Progress will depend upon the degree of confident and frank cooperation displayed by the government and the people of the Federal Republic. In the first place the pace will be determined by the extent to which the Allies can be satisfied that their own security is safeguarded by the development in Germany of a desire for peace and friendly association with themselves. In the second place the pace will be set by the rate at which Germany advances toward a condition in which true democracy governs and the just liberties of the individual are assured. Therefore, the Western powers wish to emphasize most strongly that the natural desire of the German people to secure relaxation of controls and the restoration of the sovereignty of their country depends for its satisfaction. only upon the efforts of the German people themselves and of their government. They earnestly trust that the Federal Republic will fulfill in this respect the hopes placed in the wisdom of her people and her leaders. Meanwhile, the High Commissioners in exercising the powers reserved to them will continue to place their main emphasis upon essential elements of security and fundamental democratic issues of real importance.

2. ALLIED POLICY TOWARD GERMANY: Communiqué Issued at Washington by the Foreign Ministers of the United States, the United Kingdom, and France, September 19, 19501

The Foreign Ministers have reviewed the situation in Germany and Allied relations with the Federal Republic, in the light of developments since their last meeting in London in May 1950. They have taken into account in their examination the views which have been expressed on recent occasions by the Government of the Federal Republic.

They and their Governments share the desire of the German people for the unification of Germany on a basis which respects the fundamental liberties. Despite their efforts to achieve this end, it will obviously not be realized so long as the Soviet Union continues. to ignore proposals for democratic all-German elections, and to stage controlled elections such as the one to be held in the Soviet zone on October 15. Pending the unification of Germany, the three Governments consider the Government of the Federal Republic as the only German Government freely and legitimately constituted and therefore entitled to speak for Germany as the representative. of the German people in international affairs.

They reaffirm their desire, of which they have already given many proofs, to integrate the Federal Republic into the community of free nations. They are convinced that the overwhelming majority of the German people want to take part in building the European

1 Department of State Bulletin, Oct. 2, 1950, pp. 530–531.

2 See the tripartite declaration of May 14, 1950; supra.

community, and in strengthening its common civilization. It appears to them that the time has now come to take a new step toward the attainment of these aims.

In the spirit of the new relationship which they wish to establish with the Federal Republic, the three Governments have decided, as soon as action can be taken in all three countries in accordance with their respective constitutional requirements, to take the necessary steps in their domestic legislation to terminate the state of war with Germany.1

This action will not affect the rights and status of the three powers in Germany, which rest upon other bases. It will, however, create a firmer foundation for the developing structure of peaceful and friendly relationships and will remove disabilities to which German nationals are subject. It is hoped that other nations will find it possible to take similar action in accordance with their own constitutional practices.

The three Ministers have given serious consideration to the problem of the security of the Federal Republic in both its external and its internal aspects. They recognize the fact that outright military units have been created in the Soviet zone of occupation2 and this fact together with recent events in Germany and elsewhere have given rise toa situation of great concern.

The Allied Governments consider that their forces in Germany have in addition to their occupation duties also the important role of acting as security forces for the protection and defense of the free world, including the German Federal Republic and the Western sectors of Berlin. To make this protection more effective the Allied Governments will increase and reinforce their forces in Germany. They will treat any attack against the Federal Republic or Berlin from any quarter as an attack upon themselves.

The Ministers are fully agreed that the re-creation of a German national army would not serve the best interests of Germany or Europe. They also believe that this is the view of the great majority of the German people.

The Ministers have taken note however of sentiments recently expressed in Germany and elsewhere in favor of German participation in an integrated force for the defense of European freedom. The questions raised by the problem of the participation of the German Federal Republic in the common defense of Europe are at present the subject of study and exchange of views.

As regards internal security, the Foreign Ministers recognize the necessity for insuring that the German authorities are enabled effectively to deal with possible subversive activities. To this end, the Foreign Ministers have agreed to permit the establishment of mobile police formations organized on a Land basis but with provisions which would enable the Federal Government to have adequate powers to make effective use of all or part of this force in order fully to meet the exigencies of the present situation. The High Commis

1 See infra, doc. 9.

2 See infra, pp. 1737-1739.

sion and the Allied Forces in Germany will render such assistance. as may be feasible in the rapid establishment of this force.

The new phase in the relations between the Allies and the Federal Republic will be marked by major extensions of the authority of the Federal Government. To make this possible, the occupying powers are prepared to amend the Occupation Statute while maintaining the legal basis of the occupation, and the Federal Republic will be expected to undertake certain commitments and other actions consonant with its new responsibilities.

In the field of foreign affairs, the Federal Government will be authorized to establish a Ministry of Foreign Affairs and to enter into diplomatic relations with foreign countries in all suitable cases. In other fields, and particularly in relation to internal economic matters, far-reaching reductions will be made in existing controls, and the present system of review of German legislation will be modified. In certain cases, the Allied powers will cease as soon as the Federal Government has given undertakings or taken suitable action. The High Commission will promptly begin discussions with the Federal Government to work out the necessary agreements for such undertakings.

The Foreign Ministers have also agreed that a review of the prohibited and limited industries agreement shall be undertaken in the light of the developing relationships with the Federal Republic. Pending this review the High Commission has been instructed to remove forthwith all restrictions on the size, speed, and number of commercial cargo ships built for export and to allow steel to be produced outside the present limitation where this will facilitate the defense effort of the west.

The three Governments pay tribute to the continued steadfastness of the people of Berlin in the valiant struggle of the city to preserve its freedom. They will continue to oppose aggression in any form against the people of the city, and are taking steps to strengthen Allied forces there. In view of the heavy price Berlin has had to pay to defend its freedom, the Governments will continue their efforts to alleviate its economic situation. They have directed the High Commission to review the statement of principles governing the relationship between the Allied Kommandatura and Berlin, and to liberalize Allied controls in the city to the maximum extent practicable.

These decisions mark an important stage in the normalization of the relations and should contribute toward the creation of an atmosphere of mutual confidence and understanding. They represent a major advance toward the progressive return of Germany to partnership in Western Europe and the consolidation of the western nations in their efforts to establish a firm basis for the future peace of Europe and the world.

Occupation Statute, Apr. 8, 1949; A Decade of American Foreign Policy, pp. 586-588.

Agreement of Apr. 13, 1949; ibid., pp. 1002-1009.

Statement of May 14, 1949; Germany, 1947-1949: The Story in Documents (Department of State publication 3556; 1950), pp. 324–326. See infra, 1740-1742.

415900-57-vol. 2-5