foundation for close cooperation and integration among European allies.

8. THE STATUS OF THREE POWER FORCES IN GERMANY

With the termination of the occupation regime in Western Germany as provided in the protocol under consideration, it has been necessary to make provision for the status of Three Power armed forces expected to stay in Germany. Generally speaking, foreign armed forces in Western Germany will no longer be in Germany as "occupying forces." Instead, they will be in Germany in much the same status as such forces are stationed in other NATO countries.

Until termination of the occupation, United States forces in Ger many will continue to operate as occupation forces. Thereafter, foreign armed forces in Germany will, except as noted below, operate under the Convention on the Rights and Obligations of Foreign Forces and Their Members in the Federal Republic of Germany. (See S. Doc. 11, p. 19.) That convention provides for the personal status of the members of the allied forces, civilian employees, and dependents. It establishes their immunities from German jurisdiction and makes provision for their logistic support. This convention, which has been submitted to the Senate for its information, is substantially the same as that which was before the Senate when the 1952 Bonn agreement was considered.

This so-called Forces Convention is viewed as temporary in nature. It is to be replaced, according to the terms of article 8, paragraph 1 (b) of the Convention on Relations, by new arrangements to be based on the agreement between the parties to the North Atlantic Treaty regarding the status of their forces, signed at London on June 19, 1951 the NATO Status of Forces Convention, which was approved by the Senate July 15, 1953). The new arrangement will include prov sion to deal with the special conditions existing with respect to the forces in Germany, which is a forward area.

Secretary of States Dulles was asked whether extension of the NATO Status of Forces Convention to Germany would be submitted to the Senate for its advice and consent. He replied:

I believe that if the Status of Forces Agreement is extended in its present form it would not have to come back to the Senate for further ratification. If there are modifications in it, then that might be required if they were material.

It should be noted that insofar as the rights and responsibilities of the three powers to station armed forces in Western Germany are related to "Berlin and to Germany as a whole, including the reunificstion of Germany and a peace settlement" they are to continue. Mor over, the Federal Republic agrees to the stationing in the Feder Republic, from the time the German defense contribution arrange ments come into effect, of forces of the same nationality and effective strength as at that time may be stationed in the Federal Republic (See art. 4, Convention on Relations, as amended.)

In view of the importance of provisions relating to the continued stationing of foreign forces in the Federal Republic and Berlin, where they may contribute to Western defenses, the committee asked the Department of State to supply its analysis of the relevant provisions That analysis is as follows:

STATIONING OF FOREIGN FORCES IN THE FEDERAL REPUBLIC

The Convention on the Presence of Foreign Forces in the Federal Republic of Germany sets forth the basic principles which will govern the continued stationing of Allied forces in the Federal Republic and the introduction of new forces there. It is not concerned with the status of such forces while they are in the Federal territory, for that subject is to be regulated at first by the Convention on the Rights and Obligations of Foreign Forces and Their Members in the Federal Republic of Germany (signed on May 26, 1952, and amended by schedule II to the protocol on the termination of the occupation regime), and later by new agreements based on the agreement between the parties to the North Atlantic Treaty regarding the status of their forces supplemented by such provisions as are necessary in view of the special conditions regarding the forces in Germany. The Convention on the Presence of Foreign Forces in the Federal Republic must be read in connection with articles 4 and 5 of the Convention on Relations, for these provisions are closely related to it.

The right to station armed forces in the Federal Republic is retained by the Three Powers (Convention on Relations, art. 4, par. 1). Insofar as the right to station forces is needed in connection with the rights relating to Berlin and Germany as a whole, it will not be affected by any of the other provisions about to be described (art. 4, par. 2, first sentence). Insofar as the right to station forces exists apart from the other two retained rights, it will be exercised in accordance with article 5 of the Convention on Relations until the German admission to NATO, and thereafter in accordance with the Convention on the Presence of Foreign Forces in the Federal Republic. (See Convention on Relations, art. 4, par. 2, second and third sentences.) To understand the differences in the exercise of the stationing right for these two periods, one must compare the provisions of article 5 of the Convention on Relations with the provisions of the Convention on the Presence of Forces.

Article 5 covers the period, if there is one, between the termination of the Occupation regime and the entry into force of the German defense arrangements (i. e., the German admission to ÑATO). During this time there will be no restrictions upon the stationing right except that the Three Powers must consult the Germans, insofar as the military situation allows, on all matters regarding the stationing of forces (art. 5, subpar. 1 (a)) and must, except in the event of imminent attack, obtain German consent before bringing into the Federal Republic armed contingents of any nation not already providing such contingents (art. 5, subpar. 1 (b)).

After the Federal Republic has joined NATO these provisions will lapse, and the stationing right will be regulated entirely by the provisions of the Convention on the Presence of Forces (art. 4, par. 1). According to these provisions, forces equivalent to those already in the Federal Republic when it joins NATO may continue to be stationed there (art. 1, par. 1), but the effective strength of such forces may be increased only with the consent of the German Government (art. 1, par. 2). German consent is also required for the entry into the Federal Republic of additional forces for training purposes (art. 1, par. 3). A right of passage through the Federal territory is granted to the Three Powers for their forces in transit to or from Austria or any country which is a member of NATO (art. 1, par. 4). The retained right relating to Berlin includes the right of access to the city and obviates the necessity of specifying Berlin in tnis connection. The convention is open to accession by the other states which had forces stationed in the Federal territory on October 23, 1954, the day the Paris agreements were signed (art. 2); these states were Belgium, Canada, Denmark, the Netherlands, and Luxembourg. The convention is to expire upon the conclusion of a German peace settlement, or earlier if the signatory states should agree upon new arrangements (art. 3, par. 1), and it will be reviewed at the same time and under the same conditions as are specified in article 10 of the Convention on Relations (art. 3, par. 2).

The effect of these provisions is not to abolish the right of the Three Powers to station forces in the Federal Republic, but to change its exercise from a purely unilateral prerogative to a matter of mutual understanding between them and the German Government The convention ensures that Allied forces will remain in the Federal Republic on terms suitable between equal members of a great military

alliance.

United States forces in Germany.-President Eisenhower on March 10, 1955, stated that

it will be the policy of the United States: *** to continue to maintain in Europe, including Germany, such units of its Armed Forces as may be necessary and appropriate to contribute its fair share of the forces needed for the joint defense of the North Atlantic area while a threat to that area exists, and will continue to deploy such forces in accordance with agreed North Atlantic strategy for the defense of this area. * * *

Secretary of State Dulles, in presenting the pending protocols to the Committee on Foreign Relations, referred to this statement of the President, as well as to Mr. Dulles' preliminary statement on this subject at the London Conference. He noted that these assurances with respect to the maintenance of United States troops in Europe

were

only policy statements, not binding either as treaties or even in the sense that future Presidents would be legally committed thereby. However, the assurances describe policies which have been developed through bipartisan cooperation over a period of years. They reflect what now seems to be the fundamental and enduring interest of the United States in European unity and Atlantic security. They will, I am confident, continue to serve our national interests.

These statements, as well as the provisions of the Convention on the Termination of the Occupation relative to the stationing of armed forces in the Federal Republic, raise questions with regard to (1) the deployment of American troops abroad, and (2) the possibility of their commitment to action. With respect to the first question, the Secre tary was asked whether the pending protocols would have the effect of changing the situation concerning the need for congressional authorization with respect to the deployment of United States forces abroad. The Secretary replied:

I think the answer to that is a clear "No." As a matter of fact, I think it is even clearer under this arrangement than perhaps before that it is in all respects now covered by the North Atlantic Treaty and there is provision for proceeding to implement it only by constitutional methods and by whatever may be the correct view as to the distribution of power in this manner as between the Senate and the Executive. I do not necessarily subscribe to the views that were expressed in this resolution [S. Res. 99] because that is not my business to pass on that question. but whatever the position is the Constitution here at home continues wholly unimpaired by reason of the treaties now before you.

With respect to the second question, the possibility of the commitment of United States Armed Forces to action, the committee emphasizes that in the event of hostilities the final decision to engage any forces in combat under this treaty is no broader than that which exists under the North Atlantic Treaty. Under the provisions of articles V and XI of the North Atlantic Treaty, to which the Feders! Republic will now be a party, the engagement of forces in combat is a matter for national decision in accordance with the respective constitutional processes of the parties. The supreme allied commander in Europe (SACEUR) would have no authority to enge the forces of any nation in hostilities until the nation concerned had determined that it wished to take such action under article V of the North Atlantic Treaty.

9. RETAINED RIGHTS

The Convention on Relations, as amended by the Paris protocol on the termination of the occupation regime, reserves to the occupy ing powers certain rights and responsibilities which they have here tofore exercised in Germany. These are set forth in articles 2, 4, and 5 of the convention.

The first of these rights relates to the city of Berlin, which is not now a part of the Federal Republic of Germany and is administered by the Allied forces. In view of Berlin's unique and exposed position, the Three Powers will continue to exercise their rights and responsibilities in Berlin. In two declarations of October 1954, France, the United Kingdom, and the United States, furthermore, reaffirm their intention to maintain armed forces in Berlin as long as their responsibilities require it and to treat an attack against Berlin as an attack against their forces, and their determination to insure the greatest possible degree of self-government in Berlin compatible with Berlin's special status.

The second retained right and responsibility applies to Germany as a whole, including reunification and a peace settlement. Since either of these actions would materially alter the legal relationships between the Federal Republic and the occupying powers, this reservation is necessary so that the latter can participate in any negotiations which have the objective of reunifying Germany and concluding a peace treaty.

In the original Convention on Relations, the three Powers also retained rights with respect to the stationing of armed forces in Germany and the protection of their security. The method of dealing with these general rights is discussed elsewhere in this report.

Since the effective date of the Convention on Relations is no longer linked to the entry into force of the EDC nor to Germany's entry into the North Atlantic Treaty Organization, there has been added a new provision for the retention of the rights relating to the fields of disarmament and demilitarization in the event that the Convention on Relations becomes effective before Germany accedes to the North Atlantic Treaty.

10. REUNIFICATION OF GERMANY

The question arises as to whether action taken to restore sovereignty to Western Germany and to bring her into full membership in NĂTO will have any adverse effect with respect to the possible future reunification of Germany. The committee was deeply concerned that nothing be done by these agreements to interfere with that possibility. At the same time it was concerned that the desire of the German people to be reunited should not lead to the use of force to accomplish that result.

Article 10 of the amended Bonn agreement provides that

The Signatory States will review the terms of the present Convention and the related Conventions (a) upon request of any one of them, in the event of the reunification of Germany, or an international understanding being reached with the participation or consent of the States parties to the present Convention on steps towards bringing about the reunification of Germany ***

The committee noted that the Federal Republic declared at the London meeting of September 28-October 3 that it

undertakes never to have recourse to force to achieve the reunification of Germany or the modification of the present boundaries of the German Federal Republic ***

During consideration of the protocols some concern was expressed at the possibility that Western Germany, once it has regained its sovereignty, might disregard the treaty commitments with reference to possible negotiations with Eastern Germany or with the Soviet

Union on the subject of reunification. The committee sought additional comment from the Department of State on this matter and received the following information:

This matter was dealt with in Secretary Dulles' testimony before the committee on March 29 in which he referred to article 2 of the Convention on Relations Between the Three Powers and the Federal Republic of Germany. Under that article, the Three Powers retain all the rights which they have held as occupying powers "relating to Berlin and to Germany as a whole, including the reunification of Germany and a peace settlement." These provisions give the United States. the United Kingdom, and France the right not only to intervene in any negotiations on reunification, but also to require that any agreement on this subject be acceptable to them.

11. THE RELATED CONVENTIONS

In 1952 when the President transmitted to the Senate the original Convention on Relations and the protocol to the North Atlantic Treaty, he also laid before the Senate for purposes of information four related conventions. They were:

(1) The Convention on the Rights and Obligations of Foreign Forces and Their Members in the Federal Republic of Germany. This convention regulates the status of foreign troops and their dependents in Germany with provisions for their general rights and obligations, jurisdiction in civil and criminal proceedings, extradition, customs treatment, health and sanitation, the movements of troops in Germany, communications, and the logistic requirements of the forces.

(2) The Finance Convention. This agreement contains provisions for German financial support of Allied forces in Germany and for the settlement of financial questions arising from the stationing of forces in Germany, including management of support funds, compensation for damages, etc.

(3) The Convention on Settlement of Matters Arising Out of the War and the Occupation. This instrument deals with a variety of topics, among them the validity of allied control legislation, work of the occupation courts, the handling of war criminals, the continuation. of the decartelization program, the payment of compensation to the victims of Nazi persecution, reparations, the handling of displaced persons and refugees, the restitution of property and related problems

(4) The Convention on the Tax Treatment of Forces and Their Mem bers. With minor exceptions, general exemption from German taxes is provided, in this agreement, for members of the armed forces and their dependents.

In its report of June 28, 1952 (Ex. Rept. 16, 82d Cong., 2d sess.), the committee discussed the relationship of these conventions to the Convention on Relations:

It should be noted that the *** supplementary or related conventions, eve though binding upon the United States, do not call for formal ratification. Artice 8 of the Convention on Relations between the Three Powers and the Federal Republic of Germany provides that the *** related conventions will enter into force simultaneously with the main convention. Thus the Senate, in spproving ratification of the one convention, in effect would give its approval to the subsidiary agreements.

The committee agrees that the four conventions are integral parts of the German settlement and should go into force at the same time. And even thou the committee does not approve the procedure outlined above as a general practice, it nevertheless believes that it may be desirable in the present instance to submit the more detailed aspects of the German settlement in the form f