PROTOCOL ON THE TERMINATION OF THE OCCUPATION REGIME IN THE FEDERAL REPUBLIC OF GERMANY AND PROTOCOL TO THE NORTH ATLANTIC TREATY ON THE ACCESSION OF THE FEDERAL REPUBLIC OF GERMANY MESSAGE FROM THE PRESIDENT OF THE UNITED STATES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00882R000100270038-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 168
• Document Creation Date: December 9, 2016
• Document Release Date: May 10, 2000
• Sequence Number: 38
• Publication Date: November 15, 1954
• Content Type: REGULATION

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83D CONGRESSl
2d Session f
f EXECUTIVES
l LANDM
PROTOCOL ON THE TERMINATION OF THE
OCCUPATION REGIME IN THE FEDERAL
REPUBLIC OF GERMANY AND 1 ,OTOCOL
TO THE NORTH ATLANTIC TREATY ON THE
ACCESSION OF THE FEDERAL REPUBLIC
OF GERMANY
MESSAGE
THE PRESIDENT OF THE UNITED STATES
THE PROTOCOL ON THE TERMINATION OF THE OCCUPA-
TION REGIME IN THE FEDERAL REPUBLIC OF GERMANY
AND THE PROTOCOL TO THE NORTH ATLANTIC TREATY
ON THE ACCESSION OF THE FEDERAL REPUBLIC OF
GERMANY, SIGNED AT PARIS ON OCTOBER 23, 1964
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1954
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CONTENTS
Page
President's message transmitting the Protocol on the Termination of the
Occupation Regime in the Federal Republic of Germany and the Pro-
tocol to the North Atlantic Treaty on the accession of the Federal
Republic of -------------------------------------------- 1
of State's report on the protocols--------------------------- 5
Text of the Protocol on the Termination of the Occupation Regime in the
Federal Republic of Germany, signed in Paris on October 23, 1954 (Ex.
L, 83d Cong., 2d sess.) -------------------------------- ---------- 15
Text of the Protocol to the North Atlantic Treaty on the Accession of the
Federal Republic of Germany, signed in Paris on October 23, 1954 (Ex.
M, 83d Cong., 2d sess.) ------------------------------------------ 37
Final Act of the Nine-Power Conference hold at London, September 28-
October 3, 1954-------------------------------------------------- 41
Documents relating to the North Atlantic Treaty Organization:
Resolution to Implement Section IV of the Final Act of the London
Conference Concerning the Powers of the Supreme Allied Com-
mander, Europe -----------------------------59
Resolution on Results of the Four- and Nine-Power Meetings ------- 62
Resolution of Association with the Tripartite Declaration of October
3, 1954--------------------------------------=----------------- 62
Documents relating to the Brussels Treaty:
Protocol Modifying and Completing the Brussels Treaty----------- 63
Protocol No. II, on Forces of Western European Union ------------ 66
Protocol No. III, on the Control of Armaments------------------- 69
Protocol No. IV, on the Agency of Western European Union for the
Control of Armaments__________________ 75
Letters with reference to the Jurisdiction of the International Court of
Justice-------------- 80
Brussels Treaty, March 17,1948________________________________ 82
Declaration inviting Italy and the Federal Republic of Germany to
accede to the Brussels Treaty______________ 86
Resolution on Production and Standardization of Armaments-_--__- 87
Documents relating to the termination of the occupation regime in the
Federal Republic of Germany:
Convention on the Presence of Foreign Forces in the Federal Republic
of Germany-------------------------------------------------- 89
Tripartite Agreement on Retained d Rights in in Germany - - - - - - -- - - - - - 91
Related letters ------------------------------------------------- 93
Foreign ministers' statement on Berlin_______________________________ 171
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83D CONGRESS SENATE J EXECUTIVES
2d Session S L AND M
PROTOCOL ON THE TERMINATION OF THE OCCUPATION
REGIME IN THE FEDERAL REPUBLIC OF GERMANY
AND PROTOCOL TO THE NORTH ATLANTIC TREATY
ON THE ACCESSION OF THE FEDERAL REPUBLIC OF
'1. GERMANY
MESSAGE
THE PRESIDENT OF THE UNITED STATES
A CERTIFIED COPY OF THE PROTOCOL ON THE TERMINATION OF
THE OCCUPATION REGIME IN THE FEDERAL REPUBLIC OF
GERMANY, SIGNED AT PARIS ON OCTOBER 23, 1954, TO WHICH
ARE ANNEXED FIVE SCHEDULES, AND A CERTIFIED COPY OF
THE PROTOCOL TO THE NORTH ATLANTIC TREATY ON THE
ACCESSION OF THE FEDERAL REPUBLIC OF GERMANY, ALSO
SIGNED AT PARIS ON OCTOBER 23, 1954
NOVEMBER 15, 1954.-The injunction of secrecy was removed from the protocols
and together with the message of transmittal, the report by the Secretary of
State and all other accompanying papers, were referred to the Committee on
Foreign Relations and ordered to be printed for the use of the Senate
THE WHITE HOUSE,
November 15, 1954.
I transmit herewith for the consideration of the Senate a certified
copy of the Protocol on the Termination of the Occupation Regime in
the Federal Republic of Germany, signed at Paris on October 23, 1954,
to which are annexed five schedules, and a certified copy of the Pro-
tocol to the North Atlantic Treaty on the Accession of the Federal
Republic of Germany, also signed at Paris on October 23, 1954. I
request the advice and consent of the Senate to the ratification of
these two documents.
To the Senate of the United States:
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2 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
In addition, I transmit for the information of the Senate a number
af::related documents. These include a report made to me by the
Secretary of State on the present agreements; the Final Act of the
Nine Power Conference held at London, September 28-October 3,
1954, with annexes; 3 resolutions adopted by the North Atlantic
Council on October 22, 1954; 4 protocols to the Brussels Treaty
signed at Paris on October 23, 1954, together with the text of the
Brussels Treaty signed on March 17, 1948; a declaration dated Octo-
ber 23, 1954, of the states signatory to the Brussels Treaty inviting
Italy and the Federal Republic of Germany to accede to the treaty;
a resolution on the production and standardization of armaments
adopted by the Nine Power Conference at Paris on October 21, 1954;
the Convention on the Presence of Foreign Forces in the Federal
Republic of Germany, signed at Paris on October 23, 1954; the
Tripartite Agreement on the Exercise of Retained Rights in Germany,
signed at Paris on October 23, 1954; certain letters relating to the
termination of the occupation regime in the Federal Republic of
Germany, dated October 23, 1954, together with the texts of letters
exchanged in 1952 referred to therein; and a statement on Berlin
made by the Foreign Ministers of France, the United States, and the
United Kingdom in Paris on October 23, 1954.
I know the Senate is aware of the very great importance of these
agreements to the security of the United States and to the cause of
peace and freedom in the world as a whole. The agreements repre-
sent the culmination of a joint effort, extending over several rears,
to promote closer cooperation in security matters among the niLtions
of Western Europe and to find a way of associating the great potential
strength of the Federal Republic of Germany with that of the free
world in a manner which will ensure freedom and equality for the
people of Germany and at the same time will avoid the danger of a
revival of German militarism. The Congress of the United States
has recognized on several occasions that the effectiveness of the entire
Atlantic relationship depends to a very great extent upon the a:tain-
ment of these objectives, and last summer the Senate adopted a reso-
lution (S. Res. 295, July 30 _.1954) expressing the sense of the Senate
that steps should be taken to restore sovereignty to Germany and to
enable her to contribute to the maintenance of international peace
and security.
It was hoped that these objectives would be accomplished through
the treaty constituting the European Defense Community, together
with the Bonn conventions .of _May 26, 1952, which were designed to
terminate the occupation regime in the Federal Republic. But the
treaty constituting the European Defense Community failed of rati-
fication; and the conventions, being dependent on the treaty, could
not ` be' brought into effect. Accordingly, it became necess&-y to
devise a set of alternative.. arrangements by which the nations of the
North Atlantic Community might pursue their common security
objectives, and these new arrangements are embodied in the present
agreements.
In accordance with these arrangements the Federal Republic, will
be invited to accede to the North Atlantic Treaty and, along with
Italy, to the Brussels Treaty. Furthermore, important changem will
be made in the military arrangements under the North Atlantic
Treaty Organization and in the basic nature of the Brussels Treaty
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 3
to which Belgium, France, Luxembourg, the Netherlands, and the
United Kingdom are already parties. These changes will have the
effect, not only of placing certain agreed controls on European arma-
ments, but also of strengthening and reinforcing both the North
Atlantic Treaty Organization and the new Brussels Treaty Organiza-
tion, the Western European Union.
In NATO, the powers of the Supreme Allied Commander, Europe,
will be strengthened in the fields of assignment and deployment of
forces, inspection, and logistical organization. In addition, the prin-
ciple of integration of units may be carried to lower echelons than is
now the case. These measures are desirable in their own right be-
cause they increase the general effectiveness of NATO forces. At
the same time, they create a degree of mutual interdependence among
national forces assigned to NATO that will effectively limit the
ability of any one nation to take independent military action within
SACEUR's area of command.
The Brussels Treaty is modified so as to establish a new Council
for Western European Union, and promotion of European integration
becomes a new purpose of the treaty. The Council is given important
powers in the fields of controlling forces and armaments. The con-
tinental forces of the Brussels Treaty countries are set at specified
limits, conforming, for those countries which would have been mem-
bers of the European Defense Community, to the limits set by the
EDC Treaty. These limits cannot be changed except by the unan-
imous consent of the Council. In addition, the United Kingdom has
agreed that it will continue to maintain on the mainland of Europe
forces of the level presently committed there. Further safeguards
are provided in the armaments field. The Federal Republic has
renounced the right to manufacture atomic and certain other weapons.
Major types of conventional weapons will be subject to control. An
Agency for Control of Armaments is to be set up for the purpose of
enforcing these arms limitations.
It has also been agreed that the occupation regime must be brought
to an end and the Federal Republic will assume the full authority of
a sovereign state in its external and internal affairs. This will be
accomplished by the Protocol on the Termination of the Occupation
Regime in the Federal Republic of Germany, which amends the con-
ventions which were placed before the Senate in 1952 and brings them
into effect as amended. The amendments are designed principally
to bring the Bonn conventions into harmony with the new arrange-
ments for a German defense contribution and with German member-
ship in the North Atlantic Treaty Organization. The greater part
of the conventions has been left unchanged. They will provide, as
before, for the revocation of the occupation statute, the abolition of
the Allied High Commission, and the settlement of numerous problems
arising out of the war and the occupation. The convention regulating
the status of Allied forces in Germany will continue until it is replaced
by new arrangements based on the NATO Status of Forces Agreement,
supplemented by such provisions as are necessary in view of the
special conditions with regard to forces stationed in the Federal
Republic. New arrangements will also eventually have to be con-
eluded on the support of foreign forces in the Federal Republic. Of
the sppecial rights retained by the United States, the United Kingdom,
and Fiance in the original conventions, those relating to Berlin and
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4 PROTOCOLS ON THE FEDERAL REPUBLIC. OF GERMANY
to Germany as a whole will be kept on the same terms as before, and
the right to station forces in Germany will, after German admission
to NATO, be exercised with the consent of the Federal Government
insofar as the Federal territory is concerned.
. Of the four conventions which are to be amended by the protocol
and placed in effect as amended, only one (the Convention on Rela-
tions between the Three Powers and the Federal Republic of Germany)
was submitted to the Senate for its advice and consent to ratification.
The other conventions were in the nature of implementing adminis-
trative agreements, for which the Senate recognized that formal ap-
proval was unnecessary and, furthermore, was undesirable, inasmuch
as they might require technical revision from time to time to meet
changing conditions. Approval of the. Protocol on the Termination
of the Occupation Regime in the Federal Republic of Germany will 4r_
not change the nature of those related conventions.
While the arrangements embodied in these agreements are complex,
their purposes are simple. The Federal Republic is placed on a basis
of full equality with other states. The military strength of the Federal
Republic will be combined with that of the other countries in the
Atlantic community in such a way that the development and use of
the German military contribution will be in accordance with the
common need. The Federal Republic will be fully associated with
the Atlantic community through membership in the North Atlantic
Treaty Organization, and with the European community, through
membership in the Western European Union established under the
Brussels Treaty. Both of these organizations will be strengthened
internally. The procedures and institutions which are the subject of
these agreements make it inevitable that the states involved will act
closely together in the matters most important to their security. This
concert of action will, I am convinced, foster the spirit of cooperation
and desire for continuing association which have been evident in the
free nations and which are essential for their future safety and welfare.
One of the principal specific consequences of the new arrangements
will be the addition of a substantial increment of German resources
to the Atlantic defense system. At the same time, I want to em-
phasize the fact that these agreements are founded upon the profound
yearning for peace which is shared by all the Atlantic peoples. The
agreements endanger no nation. On the contrary, they represent
one of history's first great practical experiments in the international
control of armaments. Moreover, their fundamental significance
goes far beyond the combining of strength to deter aggression. Ulti-
mately, we hope that they will produce a new understanding among
the free peoples of Europe and a new spirit of friendship which will
inspire greater cooperation in many fields of human activity.
I urge the Senate to signify its approval of this great endeavor by
giving its advice and consent to ratification of the protocols on the
admission of the Federal Republic to the North Atlantic Treaty
Organization and on the termination of the occupation regime.
hope these instruments may be studied with a view to enabling the
Senate to act promptly on these matters when it meets for its new
session in January.
DWIGHT D. EISENHOWER.
(Enclosures: (1) Report of the Secretary of State; (2) Protocol on
the Termination of the Occupation Regime in the Federal Republic of
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 5
Germany; (3) Protocol to the North Atlantic Treaty on the Accession
of the Federal Republic of Germany; (4) Final Act of the Nine Power
Conference, with Annexes; (5) three resolutions adopted by the North
Atlantic Council on October 22, 1954; (6) four protocols to the Brus-
sels'Treaty; (7) Brussels Treaty; (8) Declaration Inviting Italy and
the Federal Republic of Germany to Accede to the Brussels Treaty;
(9) Resolution on the Production and Standardization of Armaments;
(10) Convention on the Presence of Foreign Forces in the Federal Re-
public of Germany; (11) Tripartite Agreement on the Exercise of Re-
tained Rights in Germany; (12) letters relating to the termination of
the occupation regime in the Federal Republic of Germany, together
with texts of letters exchanged in 1952 referred to therein; (13) state-
ment on Berlin.)
The PRESIDENT,
The White House.
DEAit MR. PRESIDENT:
DEPARTMENT OF STATE,
Washington, November 12, 1954.
I have the honor to submit to you, with a view to transmission to
the Senate for its advice and consent to the ratification thereof, (1) a
Protocol on the Termination of the Occupation Regime in the Federal
Republic of Germany, signed at Paris on October 23, 1954, to which
are annexed five schedules; and (2) a Protocol to the North Atlantic
Treaty providing for the Accession of the Federal Republic of Ger-
many, signed at Paris on October 23, 1954.
II
The protocols above referred to are a part of a series of inter-
connecting arrangements designed to solidify the security structure
of Western Europe. Because of such interdependence, I also submit
herewith the other arrangements, although they so not themselves
require Senate action. I recommend that these documents, which
are listed in the annexed schedule, be submitted to the Senate for its
information. III
The foregoing arrangements, when they become operative, will, in
combination, establish basically new conditions in Western ]Europe.
They will realize a result for which the United States has long hoped.
The two world wars of this century have made it evident that west-
erA civilization, with its dedication to human liberty, cannot survive
it the members of the western world continue to make war on each
other. Already they have so expended their blood and treasure in
fighting that they have gravely depleted their strength, and they have
brought upon themselves the moral condemnation of all humanity
because of their failure to establish, even as between themselves, a
peaceful order.
Realization of the foregoing brought the Western European nations
to'seok such a measure of unification, particularly in terms of military
establishments, as would make it hereafter both militarily impractical
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6 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
and politically unlikely that their military forces would be used against
each other, or indeed against anyone else for other than clearly defen-
sive purposes.
The need for this coincides with new dangers born out of the expan-
sionist policies of Soviet Russia, inspired by the worldwide ambitions of
Soviet communism and backed by a vast Red military establishment.
This creates for Western Europe a threat which can' only be effec-
tively deterred by the achievement of a large degree of practical
unity among the European nations themselves, including the Federal
Republic of Germany, and we hope, a unified Germany.
It was originally sought to achieve these objectives by the estab-
lishment of a European Defense Community, consisting of six con
tinental countries-Belgium, France, the Federal Republic of Ger-
many, Italy, Luxembourg, and the Netherlands. They would have
created an international organization having supranational powers in
defense matters. This would have constituted a hard and dependable
core at the critical center of the North Atlantic Treaty Organization.
This plan had been proposed on October 24, 1950, by Mr: Pleven,
the then French Minister of Defense. After about a year and a half
of negotiation, it was embodied in two interconnected treaties-the
Bonn Convention on Relations with the Federal Republic of Germany
of May, 26, 1952, designed to restore sovereignty to the Federal
Republic, and the Paris Treaty of May 27, 1952, designed to estab-
lish the European Defense Community.
The Bonn convention was signed by the United States, and on July
1, 1952, the United States Senate advised and consented to its ratifica-
tion. The Senate at the same time consented to an extension of the
North Atlantic Treaty area to include that of the European Defense
Community, the significant addition being Western Germany. How-
ever, the Bonn convention and the related Paris Treaty never became
effective because they were not ratified by all the signatories.
This failure to realize the European Defense Community and to
restore sovereignty to the Federal Republic of Germany created a
highly dangerous situation. It seemed that Europe might be doomed
to continue divisions which,. would be disastrous both because such
divisions would perpetuate the cycle of recurrent war as between the
Western European countries themselves, and because a divided Europe
would automatically be dominated by Soviet despotic power.
IV
I desire at this point to refer to the action which the United States
Senate took on July 30, 1954. It was then predictable that the French
Chamber of Deputies might fail to ratify the Bonn and Paris Treaties,
above referred to, and the consequences of that failure could measur-
ably be foreseen. In anticipation of that situation there occurred con-
sultations between the Executive and the Senate, as a result of which
the Senate, by a vote of 88 to 0, adopted a resolution which asked you
in your discretion and within the limits of your constitutional powers
to seek-
to restore sovereignty to Germany and to enableher to contribute to the mainte-
nance of, international peace and security.
This act of cooperation between the Executive and the Senate,
and the unanimous bipartisan action of the Senate itself, had a
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY '7
steadying and sobering effect at a time when there was much confusion
and division of counsel. The Senate action enabled me, as your
representative, to speak with authority in the subsequent negotiations
which I conducted on your behalf.
The forward-looking "advice" thus given by the Senate in pursu-
ance of its constitutional prerogative has in fact been successfully
transmuted into Executive action. The first protocol referred to in
I above will "restore sovereignty to Germany" and the second
protocol referred to in I above will "enable her to contribute to the
maintenance of international peace and security."
The Protocol on the Termination of the Occupation Regime in the
Federal Republic of Germany is not linked to the entry into force of
the arrangements for a German defense contribution, as was the case
of the original Convention on Relations with the Federal Republic.
It could come into force before it becomes possible to bring the
arrangements for the German defense contribution into ;force. If
there is an intervening period, France, the United Kingdom, and the
United States will retain their existing powers in the field of, disarma-
ment and demilitarization in the Federal Republic. These powers
will be exercised through a Joint Commission, consisting of repre-
sentatives of the three powers and the Federal Republic, who will
function by majority vote. These arrangements will be reviewed at
the end of 1954 in light of the situation then existing with regard to
the entry into force of the protocol and, at the same time, the four
Governments will review the exercise of the controls with a view to
permitting preparation by the Federal Republic for its future defense
contribution.
In addition to the differences above mentioned, several chances of
substance have been made in the Convention on Relations with the
Federal Republic, as concluded in 1952. However, these changes
neither increase the obligations of nor diminish the benefits to the
United States as against those reflected in the Bonn convention which
was approved by the Senate on July 1, 1952. The changes, which
are significant primarily from the standpoint of the Federal Republic
of Germany, may be summarized as follows:
(1) In article 2 of the convention as originally concluded, the three
powers retained their rights relating to the stationing of armed forces
in Germany and the protection of their security, to Berlin, and to
Germany as a whole, including the unification of Germany and a
peace settlement. These powers were to be held in reserve for special
use, related to the Soviet position in Eastern Germany, and were not
intended for. exercise in ordinary German affairs, either domestic or
foreign. It seemed preferable, therefore, that insofar as the territory
of the Federal Republic was concerned, the arrangements for the
stationing of foreign forces should be put on a contractual basis.
Accordingly, the forces in the Federal Republic after the entry into
force of the arrangements for the German defense contribution will be
governed by a separate convention under the terms of which the
Federal Republic agrees to the stationing of forces of the same na-
tionality and effective strength as may be stationed in the Federal
Republic at that time. Any increase in the effective strength of these
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8 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
forces may be made only with the consent of the Government of the
Federal Republic.
The German representatives recognized that the three powers
should preserve their rights to protect the security of forces stationed
to take the necessary measures. This depends on the Federal Gov-
ernmeht obtaining new legislative powers. The termination of the
general right of the three powers in this field will not affect the right of
u a military commander, if his forces are imminently menaced, to take
such immediate action (including the use of armed force) as may be
appropriate for their protection and as is requisite to remove the
danger.
(2). A second change in the Convention on Relations relates to the
Arbitration Tribunal to be established for the settlement of disputes
arising between any one of the three powers and the Federal Govern-
ment. Under the Charter of the Arbitration Tribunal as originally
concluded, the Tribunal was given power to take action directly on
legislative and administrative measures or judicial decisions applicable
within the Federal Republic. These powers, which are not normal
to a body created to arbitrate disputes between sovereign states,
have been eliminated from the charter.
(3) A third change in the Convention on Relations relates to the
situation which will arise on the reunification of Germany. The Con-
vention on Relations as concluded in 1952 provided for its review in
the event of reunification (art. 10). The new protocol provides i'or
review of the convention and the related conventions not only in
the event of actual reunification of Germany, but also in case an inter-
national understanding is reached with the participation and consent
of the four Governments parties to the conventions on steps toward
bringing about the reunification of Germany. The Convention on
the :Presence of Foreign Forces in Germany will also be subject to
review in these circumstances. There must, of course, be agreement
by all the signatory governments to any changes made in the con-
ventions..
(4) Changes have also been made in the related conventions.
These changes for the most part involve bringing the conventions
up to date by eliminating clauses referring to the EDC Treaty, by
taking into account the lapse of time since the conventions were con-
eluded, and by taking into account progress made toward the comple-
tion of certain Allied programs in Germany. They also alter certain
clauses in the conventions which were not felt to be in harmony with
the status of equality being accorded the Federal Republic. Finely,
the arrangements for the financial support of foreign forces stationed
in Germany have been brought into harmony with more recent
agreements with the Federal Republic in this field.
The related conventions were executive agreements implementing
the Convention on Relations For these, Senate action was unneces-
sary and, furthermore, recognized by the Committee on Foreign
Relations to be undesirable, inasmuch as it was foreseen that they
might require technical revision from time to time to meet changi:ag
conditions. The report of the Committee on Foreign Relations of the
Senate (Ex. Rept. No. 16, 82d Cong., 2d sess.), stated:
Some of the technical provisions in the [related] conventions are temporary in
nature and as the situation in Germany changes, it may be necessary to make
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'PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 9
modifications in them from time to time. Under such circumstances it would
seem impractical to require resubmission of the conventions to the Senate before
each such modification could go into effect.
The ratification of the Protocol on the Termination of the Occupa-
tion Regime in the Federal Republic of Germany will not change the
nature of those related conventions.
The arrangements for the termination of the occupation regime in
the Federal Republic do not affect the status of Berlin. In a declara-
tion made by the Governments of the United States, the United
Kingdom and France at the London Nine Power Conference of Sep-
tem.ber 28-October 3, 1954, they reaffirmed the declaration made by
them in Paris on May 27, 1952, that they would maintain armed
forces in Berlin as long as their responsibilities required and that they
would treat any attack against Berlin from any quarter as an attack
upon their forces and themselves. In addition, the three powers issued
a statement in Paris on October 23, 1954, in which they affirmed their
determination to insure the greatest possible degree of self-government
in Berlin compatible with Berlin's special situation and stated that
they had instructed their representatives in Berlin to consult with the
German authorities in the city with a view to implementing these
principles jointly and to the fullest degree possible.
VII
The Protocol to the North Atlantic Treaty Providing for the
Accession of the Federal Republic of Germany, referred to in I above,
has no precise counterpart in the documents which were submitted to
the Senate in 1952, although, as mentioned, there was then a protocol,
approved by the Senate, which extended the treaty area to include
that of the EDC. It was, however, not then contemplated that the
Federal Republic of Germany would itself become a party. to the
North Atlantic Treaty. The German defense contribution would
have been made solely through the European Defense Community.
Under the arrangements now contemplated, it is essential that the
Federal. Republic of Germany should become a party to the North
Atlantic Treaty and participate in the North Atlantic Treaty Organi-
zation (NATO). A protocol to that effect was signed in Paris on
October 23, 1954, by the representatives of the 14 nations now parties
to that treaty, and is one of the two documents referred to in section I
hereof which it is recommended should be submitted to the Senate
for advice and consent to ratification. The protocol is framed so
that its entry into force is tied to that of the other arrangements
relating to German participation in the common defense.
VIII
One of the documents above referred to in section II hereof, is a
resolution concerning the powers of the supreme allied commander,
Europe (SACEUR) approved by the North Atlantic Council on Oc-
tober 22, 1954. The general effect of this resolution is to strengthen
the role of SACEUR over the forces under his authority. One result
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10 PROTOCOLS. ON. TI3E FEDERAL REPUBLIC OF -GERMANY
of these changes will be to enhance the effectiveness of the NATO
forces in Europe, with consequent benefits to the entire NATO effort.
Increasing the authority of SACEUR will also mean that the national
forces assigned to SACEUR will become integrated and interdepend-
ent to an extent that will minimize the possibility of individual nations
exercising an independent military initiative in Europe.
IX
Another of the resolutions of the North Atlantic Council suggested
to be submitted to the Senate for its information is that of October
22, 1954, which took note of an exchange of declarations between the
Federal Republic of Germany and the Governments of the United
States, the United Kingdom, and France on October 3, 1954, in Lon-
don and associated all members of the North Atlantic Treaty with
the tripartite declaration issued by the three Governments last named.
In'its declaration, the Government of the Federal Republic declares
that it has agreed to conduct its policy in accordance with the principles
of the Charter of the United Nations and accepts the obligations set
forth in article 2 of the charter. The Federal Republic also declares
that, upon its accession to the North Atlantic and Brussels Treaties,
it will refrain from any action inconsistent with the strictly defensive
character of the treaties. In particular the German Federal Republic
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.
In the tripartite declaration, the Governments cf the United
States, United Kingdom, and France respond appropriately to t:ais
declaration, reaffirming in relation to this situation the principles of
article 2 of the Charter of the United Nations, condemning the use
of force as between nations.
.X
A major element in the new arrangements signed at Paris on
October 23, 1954, are the four protocols designed to modify the
Brussels Treaty. This treaty, signed on March 17, 1948, by France,
Belgium, Luxembourg, the Netherlands, and the United Kingdom,
was the first major step toward the military integration of postwar
Europe, antedating the North Atlantic Treaty by more than a year.
Under the terms of the Brussels Treaty all countries were pledged to
give full and immediate military assistance to any party against which
aggression might occur. The treaty also provided for consultative
machinery, for the development of common defense plans. With the
advent and growth of NATO, the organizational machinery under the
Brussels Treaty became relatively inactive, but the treaty remained
in full force and has now afforded a basis for realizing certain major
political and security objectives.
The first of the protocols will bring about several important changes
in the Brussels Treaty. First, it provides for the accession of Germany
and Italy to the Brussels Treaty so that the membership will corre-
spond to that of the proposed European Defense Community, plus
the United Kingdom. Second, the Consultative Council of the Brus-
sels Treaty will be transformed into a new "Council of Western
European Union" for the purposes of strengthening peace and secu-
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mum forces will be subject to the unanimous approval of all parties
to the Brussels Treaty.
An important feature of this protocol is the commitment by the
United Kingdom to maintain on the mainland of Europe the effective
strength of the United Kingdom forces now assigned to SACEUR,
i. e., four divisions and the Second Tactical Air Force or such other
forces as SACEUR regards as having equivalent fighting capacity.
The United Kingdom undertakes not to withdraw these forces against
the wishes of a majority of the Brussels Treaty Powers. The pro-
tocol provides that this undertaking does not bind the United King-
dom in case of an accute overseas emergency. It further provides
that if maintenance of forces on the Continent at any time places too
great a strain on the external finances of the United Kingdom, the
Government of the United Kingdom will invite the North Atlantic
Council to review the financial conditions under which the United
Kingdom forces are maintained.
This commitment is in addition to the commitment implicit in the
United Kingdom's membership in the new Council of Western
European Union.
The third protocol relates to the control of armaments. It is
concerned both with armaments which are not to be manufactured in
the Federal Republic and those which are to be controlled within the
Brussels Treaty countries on the mainland. The prohibited arms,
which the Federal Republic of Germany has renounced the right to
produce, are atomic, biological, and chemical weapons and guided
missiles, larger naval vessels, and strategic bombing aircraft.
Unanimous vote of the Council of Western European Union is
required to give Germany the right to produce atomic, biological, and
chemical weapons. A two-thirds majority of the Council can give
Germany the right to produce guided missiles, larger naval vessels,
and strategic aircraft, provided that SACEUR recommends that
Germany be given this right.
The armaments subject to control throughout the territory of the
six Continental countries include both the weapons which are pro-
PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 11
rity and promoting unity and encouraging the progressive integration
of Western Europe and closer cooperation between them and with
other European organizations. Special provision is made for votes by
two-thirds majority or simple majority on specific questions. Provi-
sion is made for close cooperation between the Brussels Treaty Organi-
zation and the North Atlantic Treaty Organization. There is a clause
stating the undesirability of duplicating the work of the military staffs
of NATO and stipulating that the Council and its Agency for the Con-
trol of Armaments will rely on the military authorities of NATO for
information and advice on military matters.
The second protocol is concerned with the size of the forces of West-
ern European Union. It provides that the total strength and num-
ber of formations of the land and air forces of Belgium, France, the
Federal Republic of Germany, Italy, and the Netherlands placed
under SACEUR shall not exceed those laid down in the special agree-
ment annexed to the European Defense Community Treaty. The
forces of the United Kingdom under SACEUR shall not exceed those
presently under SACEUR command, and Luxembourg's forces shall
be set at one regimental combat team. Naval forces are to be set by
the NATO annual review process. Any increase in the agreed maxi-
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' PROTOCOLS ON THE FEDERAL C
hibited and a number of other major weapons. These include mines,
tanks, large artillery and ammunition therefor, aircraft bombs and
most types of military aircraft.
A fourth protocol creates an Agency for the Control of Armaments.
With respect to controlled items, the Agency is to exercise its control
over stocks of armaments rather than over production. It will also
ensure that prohibited items are not produced in Germany.
The United States will give the Council of Western European
Union information with respect to military aid to be furnished to the
forces of the Brussels Treaty countries on the mainland of Europe.
This information will be transmitted to the Agency for Armaments
Control by the Council. The United States retains full authority to
determine the allocation of United States military assistance.
The Agency does not have responsibilities with respect to the pro-
duction and procurement of armaments or with the allocation of
military equipment. However, the Brussels Treaty countries did
agree in a resolution approved at Paris October 21, 1954, that they
would convene a Working Group in Paris January 17, 1955, to consider
proposals for development of rationalized production programs.
XI
The arrangements which I have discussed impose no treaty engage-
ments' and obligations upon the United States other than those inci-
dent to restoring to the Federal Republic of Germany sovereign
Powers which the Allies had assumed after the defeat of the Nazi
Government; and the acceptance of the Federal Republic as a member
of the North Atlantic Treaty. Nevertheless, the prospective atti-
tude of the United States toward the whole arrangement is a matter of
profound, even decisive, significance.
In this. connection, I made a statement at the London Conference
'at its meeting of September 29, 1954, the full text of which is repro-
duced in an annex to the final act of. the London Conference, trans-
mitted herewith. By that statement I sought to make clear the
desire of our Nation to encourage and support measures which uni:'y
and strengthen Western Europe, whereas we would be disposed -lo
draw away from a Europe which persisted in divisions and weakness.
In this, connection I said that if new arrangements were made by the
Western European countries, which, in replacement of the European
Defense Community, provided unity and strength, so that the hopes
which we had placed in EDC could reasonably be transferred to these
new arrangements, then I would recommend to you, Mr. President,
that you should make a declaration of policy comparable to that which
you offered, after consultation with congressional leaders, in con-
nection with the prospective European Defense Community Treaty,
including an expression of intention by the United States-
to maintain in Europe such elements of its armed forces as may he necessary or
appropriate to contribute our fair share of what is needed for the common defer..se
of this North Atlantic area while the threat to that area exists.
I was careful to point out that such a declaration would constitute
no more than a policy declaration and that it would not be a legally
binding commitment. I pointed out:
under our constitutional system, the President of the United States is Commander
in Chief of the Armed Forces of the United States and, as such, has the right to
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OLS ON THE FEDERAL REPUBLIC OF GERMANY
C
PROTQ
determine their disposition. One President of the United States is not constitu-
tionally. able to bind his successor in this matter. Each President of the United
States comes into office enjoying the right to dispose of the Armed Forces of the
United States as he thinks best serves the interests of the United States in accord-
ance with the advice he gets from his military advisers.
I nevertheless pointed out that basic and fundamental policies
were, as a practical matter, not likely to be altered and that our
policy to cooperate with a Western Europe which was itself acting
effectively to make itself united and strong was, I felt, basic and
fundamental United States policy, as both the Executive and the
Congress had clearly made manifest.
In pursuance of the statement which I made in London, I expect,
Mr. President, to make a recommendation to you as thus indicated,
if the arrangements which were entered into at Paris have been, or
appear likely to be, realized. I understand that you would be disposed
to act favorably on such a recommendation.
XII
It is evident that the foregoing agreements, if they come into force
and are implemented, will have far reaching and benign consequences.
They will fulfill the aspirations of the people of the Federal Republic
of Germany for a position of equality in the family of free nations.
They will increase substantially the defensive potential of the
Atlantic alliance.
At the same time, they will afford protection against excessive
militarism. as a tool of aggressive nationalism. This protection will
go not only to the members of the Atlantic alliance, but to all.
They will offer strong assurances against a renewal of fratricidal
strife among the free nations of Europe and will afford a framework
of practical cooperation which should encourage further advances
toward political and economic unity among the Western European
states.
Because of the importance to this Nation of achieving these results,
I recommend, Mr. President, that you request early consideration
by the Senate of this matter, and, in particular, the advice and con-
sent of the Senate to the ratification of the two documents of treaty
status which the United States has signed, namely, the protocol
which will restore sovereignty to the Federal Republic of Germany
and the protocol which will admit the Federal Republic of Germany
to the North Atlantic Treaty.
Respectfully submitted. JOHN FOSTER DULLES.
SCHEDULE
(1) The Final Act of the Nine Power Conference held at London,
September 28-October 3, 1954, with annexes; (2) three resolutions
adopted by the North Atlantic Council on October 22, 1954; (3) four
protocols to the Brussels Treaty of March 17, 1948, signed at Paris
on October 23, 1954, together with the text of treaty itself; (4) a
declaration dated October 23, 1954, of the states signatory to the
Brussels Treaty inviting Italy and the Federal Republic of Germany
to accede to the treaty; (5) a resolution on the production and stand-
ardization of armaments adopted by the Nine Power Conference at
42118--Es. L and M, 88-2-2
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Paris on October 21, 1954; (6) the Convention on the Presence of
Foreign Forces in the Federal Republic of Germany, signed at Paris
on October 23, 1954; (7) the Tripartite Agreement on the Exercise of
Retained Rights in Germany, signed at Paris on October 23, 1954;
(8) certain letters relating to the termination of the occupation regime
in the Federal Republic of Germany, dated October 23, 1954, together
with the texts of letters exchanged in 1952 referred to therein; and (9)
a statement on Berlin made by the Foreign Ministers of France, the
United States, and the United Kingdom in Paris on October 23, 1954.
An agreement on the Saar was also signed at Paris by the Frer..ch
Republic and the Federal Republic of Germany on October 23, 19,54.
When an authentic English translation of this agreement is obtained,
it will be made available to the Senate for its information.
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Pending the entry into force of the arrangements for the German
Defence Contribution, the following provisions shall apply:
(1) The rights heretofore held or exercised by the United States
of America, the United Kingdom of Great Britain and Northern
Ireland and the French Republic relating to the fields of disarma-
ment and demilitarisation shall be retained and exercised by them,
and nothing in any of the instruments mentioned in Article 1 of
the present Protocol shall authorize the enactment, amendment,
repeal or deprivation of effect of legislation or, subject to the pro-
visions of paragraph (2) of this Article, executive action in those
fields by any other authority.
(2) On the entry into force of the present Protocol, the Mili-
- tart' Security Board shall be abolished (without prejudice to the
validity of any action or decisions taken by it) and the controls
in the fields of disarmament and demilitarisation shall thereafter
be applied by a Joint Four-Power Commission to which each of
the Signatory States shall appoint one representative and which
shall take its decisions by majority vote of the four members.
(3) The Governments of the Signatory States will conclude an
administrative agreement which shall provide, in conformity with
the provisions of this Article, for the establishment of the Joint
Four-Power Commission and its staff and for the organisation of
the work.
15
PROTOCOL ON THE TERMINATION OF THE OCCUPATION
REGIME IN THE FEDERAL REPUBLIC OF GERMANY
The United States of America, the United Kingdom of Great
Britain and Northern Ireland, the French Republic and the Federal
Republic of Germany agree as follows:
Federal Republic of Germa
The Convention on Relation
,
the Settlement of Matters arising out the War and the Occupation,
~oi signed at Bonn n. 26 May 1952 e Protocol signed at Bonn on 27
June 1952 top66rrect certain textual errors in the aforementioned Con-
ventions, and the Agreement on the Tax Treatment of the Forces
and their Members signed at Bonn on 26 May 1952, as amended by the
Protocol signed at Bonn on 26 July 1952, shall be amended in ac-
cordance with the five Schedules to the present Protocol and as so
amended shall enter into force (together with subsidiary documents
agreed by the Signatory States relating to any of the aforementioned
instruments) simultaneously with it.
bet en the Three Po ers and the
, th Convention on t Rights and
ces and their Member /n the Federal
tk Finance Co dention, the Convention on
Republic of Germany
Obligations of Foreign
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16 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
1. The present Protocol shall be ratified or approved by the Signa-
tory States in accordance with their respective constitutional pro-
cedures. The Instruments of Ratification or Approval shall be de-
posited by the Signatory States with the Government of the Federal
Republic of Germany.
2. The present Protocol and subsidiary documents relating to .t
agreed between the Signatory States shall enter into force upon the
deposit by all the Signatory States of the Instruments of Ratification
or Approval as provided in paragraph 1 of this Article.
3. The present Protocol shall be deposited in the Archives of the
Government of the Federal Republic of Germany, which will furnish
each Signatory State with certified copies thereof and notify each
State of the date of entry into force of the present Protocol.
IN FAITH WHEREOF the undersigned Representatives duly authorized
thereto have signed the present Protocol.
Done at Paris this 23rd day of October, 1954, in three texts, i;z
the English, French and German languages, all being equally au-
thentic.
For the United States of America:
/S/ JOHN FOSTER DULLES
For the United Kingdom of Great Britain and Northern Ireland:
/Sl ANTHONY EDEN
For the French Republic:
/S/ P. MENDES-FRANCE
For the Federal Republic of Germany:
/s/ ADENAUER
SCHEDULE I
AMENDMENTS TO THE CONVENTION ON RELATIONS BETWEEN THE
THREE POWERS AND THE FEDERAL REPUBLIC OF GERMANY
Introductory words
Substitute:
"The United States of America, the United Kingdom of Great
Britain and Northern Ireland, the French Republic and the
Federal Republic of Germany have entered into the following
Convention setting forth the basis for their new relationship:".
Preamble
Dole t.
Article 1
Substitute:
"ARTICLE 1
1. On the entry into force of the present Convention the
United; States of America, the United Kingdom of Great Britain
and Northern Ireland and the French Republic (hereinafter and
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 17
Article 2
Substitute:
in the related Conventions sometimes referred to as "the Three
Powers") will terminate the Occupation regime in the Federal
Republic, revoke the Occupation Statute and abolish the Allied
High Commission and the Offices of the Land Commissioners in
the Federal Republic.
2. The Federal Republic shall have accordingly the full au-
thority of a sovereign State over its internal and external affairs."
In view of the international situation, which has so far pre-
vented the reunification of Germany and the conclusion of a
peace settlement, the Three Powers. retain the rights and the
responsibilities, heretofore exercised or hold by them, relating
to Berlin and to Germany as a whole, including the reunification
of Germany and a peace settlement. The rights and responsi-
bilities retained by the Three Powers relating to the stationing of
armed forces in Germany and the protection of their security
are dealt with in Articles 4 and 5 of the present Convention."
Article 4
Substitute:
as at that time may
view of the status of the Federal Republic as defined in Article
1, paragraph 2 of the present Convention and in view of the fact
that the Three Powers do not desire to exercise their rights
regarding the stationing of armed forces in the Federal Republic,
insofar as it is concerned, except in full accord with the Federal
Republic, a separate Convention deals with this matter."
"ARTICLE 4
11, 1. Pending the entry into force of the arrangements for the
German Defence Contribution, the Three Powers retain the
rights, heretofore exercised or held by them, relating to the
stationing of armed forces in the Federal Republic. The mis-.
Sion of these forces will be the defense of the free world, of which
Berlin. and the Federal Republic form part. Subject to the
provisions of paragraph 2 of Article 5 of the present Convention,
the rights and obligations of these forces shall be governed by the
Convention on the Rights and Obligations of Foreign Forces
and their Members in the Federal Republic of Germany (herein-
after referred to as "the Forces Convention") referred to in
paragraph 1 of Article 8 of the present Convention.
2. The rights of the Three Powers heretofore exercised or held
by them which relate to the stationing of armed forces in Ger-
many and which are retained, are not affected by the provisions
of this Article insofar as they are required for the exercise of
the rights referred to in the first sentence of Article 2 of the
present Convention. The Federal Republic agrees that, from
the entry into force of the arrangements for the German Defence
Contribution, forces of the same nationality and effective strength
be stationed in the Federal Republic. In
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18 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
Article 5
Substitute:
"ARTICLE 5
1. Pending the entry into force of the arrangements for the
German Defence Contribution, the following provisions shall be
applicable to the forces stationed in the Federal Republic:
(a) The Three Powers will consult with the Federal Re-
public, insofar as the military situation permits, with regard
to all questions concerning the stationing of these forces.
The Federal Republic will, according to the present Conven-
tion and the related Conventions, co-operate, within the
framework of its Basic Law, to facilitate the mission of
these forces;
(b) The Three Powers will obtain the consent of tl:.e
Federal Republic before bringing into the Federal territory,
as part of their forces, contingents of the armed forces of
any nation not now providing such contingents. Such con-
tingents may nevertheless be brought into the Federal
territory without the consent of the Federal Republic in the
event of external attack or imminent threat of such attack:,
but, after the elimination of the danger, may only remain
with its consent.
2. The rights of the Three Powers, heretofore held or exercised
by them, which relate to the protection of the security of armed
forces stationed in the Federal Republic and which are tempo-
rarily retained, shall lapse when the appropriate German au-
thorities have obtained similar powers under German legislation
enabling them to take effective action to protect the security of
those forces, including the ability to deal with a serious disturb-
ance of public security and order. To the extent that such right:3
continue to be exercisable they shall be exercised only after con-
sultation, insofar as the military situation does not preclude such
consultation, with the Federal Government and with its agree-
ment that the circumstances require such exercise. In all other
respects the protection of the security of those forces shall be
governed by the Forces Convention or by the provisions of the
Agreement which replaces it, and, except as otherwise provided.
in any applicable agreement, by German law."
Article 6, paragraph 2, second sentence
Delete.
Article 7, paragraph 1
For the words "The Three Powers and the Federal Republic"
substitute the words "The Signatory States".
Article 7, paragraph 2
Substitute:
"2. Pending the peace settlement, the Signatory States will
co-operate to achieve, by peaceful means, their common aim of
a reunified Germany enjoying a liberal-democratic constitution,
like that of the Federal Republic, and integrated within the'
European Community."
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 19
Article 7, paragraph 3
`Delete.
Article 7, paragraph 4
Delete the word "other".
Article 8
Substitute:
"1 (a) The Signatory States have concluded the following
related Conventions:
Convention on the Rights and Obligations of Foreign Forces
and their Members in the Federal Republic of Germany;
Finance Convention;
Convention on the Settlement of Matters Arising out of the
'War and the Occupation.
(b) The Convention on the Rights and Obligations of Foreign
Forces and their Members in the Federal Republic of Germany
and the Agreement on the Tax Treatment of the Forces and their
Members signed at Bonn on 26 May 1952, as amended by the
Protocol signed at Bonn on 26 July 1952 shall remain in force
until the entry into force of new arrangements setting forth the
rights and obligations of the forces of the Three Powers and Other
States having forces in the territory of the Federal Republic.
The new arrangements will be based on the Agreement Between
the Parties to the North Atlantic Treaty Regarding the Status
of Their Forces, signed at London on 19 June 1951, supplemented
by such provisions as are necessary in view of the special con-
ditions existing in regard to the forces stationed in the Federal
Republic.
(c) The Finance Convention shall remain in force until the
entry into force of the new arrangements negotiated in pursuance
of paragraph 4 of Article 4 of that Convention with other mem-
ber Governments of the North Atlantic Treaty Organization who
have forces stationed in the Federal territory.
2. During the transitional period provided for in paragraph 4
of Article 6 of Chapter One of the Convention on the Settlement
of Matters arising out of the War and the Occupation, the rights
of the three Signatory States referred to in that paragraph shall
be retained."
Article 9, paragraph 1
Substitute:
"1. There shall be established an Arbitration Tribunal which
shall function in accordance with the provisions of the annexed
Charter."
Article 9, paragraph 2
Substitute:
"2. The Arbitration Tribunal shall have exclusive jurisdiction
over all disputes arising between the Three Powers and the Fed-
eral Republic under the provisions of the present Convention or
the annexed Charter or any of the related Conventions which the
parties are not able to settle by negotiation or by other means
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20 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
agreed between all the Signatory States, except as otherwise pro-
vided by paragraph 3 of this Article or in the annexed Charter or
in the related Conventions."
Article 9, paragraph S
For the words "or action taken thereunder, or involving the pro-
visions of paragraphs 1 to 7 of Article 5" substitute the words "the
first two sentences of paragraph 1 of Article 4, the first sentence of
paragraph 2 of Article 4 and the first two sentences of paragraph 2 of
Article 5, or action taken thereunder,".
Article 10
Substitute:
The Signatory States will review the terms of the present Con-
vention and the related Conventions
(a) upon request of any one of them, in the event of the
reunification of Germany, or an international understandir.g
being reached with the participation or consent of the
States parties to the present Convention on steps towards
bringing about the reunification of Germany, or the creation
of a European Federation; or
(b) in any situation which all of the Signatory States
recognize has resulted from a change of a fundamental char-
acter in the conditions prevailing at the time of the entry
into force of the present Convention.
In either case they will, by mutual agreement, modify the
present Convention and the related Conventions to the extent
made necessary or advisable by the fundamental change in the
situation."
Article 11, paragraphs I and 2
Delete.
Annex A
Delete.
AMENDMENTS TO ANNEX B, CHARTER OF THE ARBITRATION TRIBUNAL
Article 1, paragraph 2 (c)
Substitute:
"(c) A President and two Vice-Presidents (hereinafter referred
to also as "the neutral members") appointed by agreement
between the Governments of the Three Powers and the Federal
Government, none of whom shall be a national of any one of the
Three Powers or a German national."
Article 1, paragraph S, second sentence
Substitute:
"Within the same period the Governments of the Three Powers
and the Federal Government shall agree upon the three neutral
members, one of whom shall be nominated as President and the
other two as Vice-Presidents."
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VROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 2
Article 1, paragraph 3, third sentence
Substitute:
"If, after the expiry of such period, one or more of the neutral
members shall not have been agreed upon, either the Governments
of the Three Powers or the Federal Government may request the
President of the International Court of Justice to nominate such
neutral member or members."
Article 3
Delete.
Article 6
Add new paragraphs: ,
.4 "3. The Registrar, upon receipt of the first petition filed
pursuant to Article 14 of the present Charter, shall immediately
notify the President, who shall thereupon call the first meeting of
the Tribunal in plenary session at the seat of the Tribunal as
soon as practicable, for the purpose of determining the Rules of
Procedure and attending to other business. Thereafter the
Tribunal shall meet as business requires.
'4. Paragraphs 3 and 4 of Article 2 of the present Charter shall
not become effective until the first meeting in plenary session
referred to in paragraph 3 of this Article."
Article 9, paragraph 1
After the word "negotiation" insert the words "or by other means
agreed between all the Signatory States".
Article 9, paragraph 2 (a)
Substitute for the words "Chapter Two" the words "Chapter One".
Article 9, paragraph 3
Delete the words "and to the provisions of sub-paragraph (a) of
paragraph 5 of Article 11 of the present Charter".
Article 11
Substitute:
"ARTICLE 11
1. The Signatory States undertake to comply with the decisions
of the Tribunal and to take the action required of them by such
decisions or necessary to remedy the situation.
2. If a Signatory State required by a decision of the Tribunal
to take action to give effect to that decision is unable, or fails,
to take such action within the time specified by the Tribunal, or
if no 'time is specified, within a reasonable time, then that State,
or any other Signatory State a party to the dispute, may apply
to the Tribunal for a further decision as to alternative action to
be taken by the defaulting State."
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22 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
SCHEDULE II
AMENDMENTS TO THE CONVENTION ON THE RIGHTS AND OBLIGATIONS
OF FOREIGN FORCES AND THEIR MEMBERS IN THE FEDERAL
REPUBLIC OF GERMANY
Contents
Delete references to Articles 49 and 50 and Annex C.
Introductory words
Substitute:
"The United States of America, the United Kingdom of Great
Britain and Northern Ireland, the French Republic and the
Federal Republic of Germany agree as follows:"
Article 1, paragraph 3
Substitute:
"3. Other Sending State:
Any power, other than one of the Three Powers, which, by
agreement with the Three Powers or any one of them, has
Forces stationed in the Federal territory on the entry into
force of the present Convention; and any other Power
which may in future have Forces stationed in the Federal
territory,
(a) if before the entry into force of the arrangements
for the German Defence Contribution, by agreement
with the Three Powers, or any one of them, so far as
such other Power does not, with the consent of the
Three Powers, conclude a separate Convention with the
Federal Republic concerning the status of its Forces,
and
(b) if after the entry into force of the arrangements for
the German Defence Contribution, by agreement with
the Federal Republic."
Article 17, paragraph 8
Substitute:
"8. A Standing Commission shall be established, to be com-
posed of representatives of the appropriate authorities of the
Three Powers and of representatives of the authorities of the
Federal Republic. The duty of this Commission shall be to
guarantee effective co-ordination between civil and military air
activities."
Article 33, paragraph 1 (c)
Delete.
Article SS, paragraph 3 (a)
Substitute:
"The tax treatment of the Forces and their members shall be
governed, to the extent that provision is not made in the present
Convention, by the Agreement on the Tax Treatment of the
Forces and their Members signed at Bonn on 26 May 1952, as
amended by the Protocol signed at Bonn on 26 July 1952."
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 23
Article 88, paragraph 3 (b)
Delete.
Article 86, pargraph 5 (d)
Delete the word "Special".
Article 38, paragraph 1
Delete the words "this shall also apply to armed forces of the
European Defence Community if the latter agrees to participate in
this procedure."
Article 38, paragraph 7
Substitute:
,
no comparable alternative accommodation is available in the
same area, the Forces shall, for six months after the entry into
force of the present Convention, be entitled to the first option
on such publicly owned accommodation included in the property
referred to in Article 13 of Chapter One of the Convention on the
Settlement of Matters arising out of the War and the Occupation
as becomes available. This shall not apply to accommodation in
the Bonn Enclave."
Article 39, paragraph 2
Substitute:
"2. A Joint Supply Board shall be established, to be composed
of representatives of the appropriate authorities of the' Three
Powers and of representatives of the Federal Republic. The
Board. shall be responsible for establishing by agreement peri-
odical programmes for the procurement of the requirements of
the Forces, and for resolving any difficulties which may arise in
the course of the implementation of these programmes."
Article 1,2, paragraph 1
Substitute:
"1. The public services of the posts and telecommunications
system of the Federal Republic shall be available to the Forces
and their members. In this respect the Forces shall enjoy such
preferential treatment as is necessary for the satisfactory fulfil-
ment of their defence mission and is consistent with the reasonable
reconciliation of the requirements resulting therefrom and the es-
sential civilian and defence requirements of the Federal Republic.
The conditions of service effective on the entry into force of the
present Convention shall remain in force. These conditions of
service shall be subject to review and modification at the 'request
of any one of the Signatory States, where they are inconsistent
with the present Convention. In the event of such a review the
conditions of service to be determined shall be consistent with the
needs of the Forces and the conditions of service of their members
in the performance of the defence mission of the Forces."
Article 44, paragraph 2
Substitute:
"2. Germans who are working in the service of the Forces shall
be subject to all obligations arising from the arrangements for the
"7. In implementing the first accommodation programme
if
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24 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
German Defence Contribution. They shall only be engaged on
services of a non-combatant character including civilian guard
duties."
Article 44, paragraph 10, first sentence
Substitute:
"The Mixed Commissions referred to in paragraphs 3 and 8 of
this Article shall be composed equally of representatives of the
appropriate authorities of the Three Powers and of representa-
tives of the Federal Republic."
Article 47, paragraph 2
Delete.
Article 49
Delete.
Article 50
Delete,
Annex B, paragraph 3
Substitute:
"3. A Frequency Committee is hereby established, to be com-
posed of representatives of the appropriate authorities of the
Three Powers and of representatives of the Federal Republic,
The Frequency Committee shall make its decisions by unanimous
vote."
Annex C
Delete.
SCHEDULE III
AMENDMENTS TO THE FINANCE CONVENTION
Introductory words
Substitute:
"The United States of America, the United Kingdom of Great
Britain and Northern Ireland, the French Republic and the
Federal Republic of Germany agree as follows:"
Article 1, paragraph 1
Insert "The Forces;" between "The Power concerned;" and
"Authorities of the Forces;".
Article 1, paragraph 2 (b)
Delete the sub-paragraph.
Article 1, paragraph 2 (c)
Substitute:
"(c) Funds for the support of the Forces:
Funds of the Federal Republic which are made available in
accordance with paragraphs 1 to 3 of Article 4 of the present
Convention to the Powers concerned to assist in meeting the
costs of the Forces stationed in the Federal territory and
their members."
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Article 3
Delete.
Article 4
Substitute:
1. (a) From the entry into force of the present Convention
until the entry into force of the arrangements for the German
Defence Contribution, the Federal Republic will provide a
monthly average contribution of DM600 million as funds for
the support of the Forces.
(b) Out of the sum of DM600 million referred to in sub-
paragraph (a) of this paragraph a sum of DM100 million a
month will be earmarked for particular defence measures agreed
jointly between the Three Powers and the Federal Republic,
which latter sum will include expenditure for the NATO Infra-
structure Programme. Payment of claims for Occupation dam-
ages can be included.
(c) The provisions of sub-paragraphs (a) and (b) of this para-
graph apply in any case only until 30 June 1955. If the arrange-
ments for the German Defence Contribution enter into force
after that date, negotiations shall take place between the Federal
Republic and the Three Powers concerning the contribution of
the Federal Republic to the support of the Forces for the period
after 30 June 1955 and before the entry into force of the arrange-
ments for the German Defence Contribution.
2. During the first twelve months after the entry into force
of the arrangements for the German Defence Contribution, the
Federal Republic will make available as funds for the support
of the Forces a total amount of DM3,200 million. These funds
shall be made available as follows:-
DM400 million a month for the first two months;
DM300 million a month for the next four months;
DM200 million,a month for the last six months.
If the arrangements for the German Defence Contribution enter
into force after 30 June 1955, these provisions shall not apply,
and negotiations shall take place between the Federal Republic
and the Three Powers concerning the contribution of the Federal
Republic to the support of the Forces for a period not exceeding
twelve months after the entry into force of the arrangements
for the German Defence Contribution.
3. The Three Powers recognise the right of the Federal Re-
public to propose that the provisions of paragraph 2 of this Article
be re-examined should it consider that the burden imposed by the
build-up of the agreed German forces justifies such re-examination.
In this event, the Signatory States will examine all the relevant
:factors and if found necessary will agree to amend the above
provisions on funds for the support of the Forces.
4. In accordance with the spirit of Article 3 of the North
.Atlantic Treaty the Federal Republic agrees that at the end of the
period laid down in paragraph 2 of this Article it will be prepared
to negotiate with other member Governments of the North
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26 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
Atlantic Treaty Organization who have forces stationed in the
Federal territory in respect of questions relating to the support
(for example, goods and services) of those forces having,regard to
the requirements of the forces of the Federal Republic.
5. Funds to be made available in accordance with paragraphs
1 to 3 of this Article for one period of time may be utilized in
other periods in accordance with the provisions of paragraph 6
of this Article. The Three Powers will be responsible for allo-
cating or re-allocating among the Powers concerned, after consul-
tation with the Federal Government, the amount made availab'..e
in accordance with this Article. The provisions of Article 5 of
the present Convention shall apply to the expenditure of these
funds except to the extent that such funds are expended in accord-
ance with sub-paragraph (a) of paragraph 6 of this Article.
6. The only expenditures chargeable to the funds for the
support of the Forces made available in accordance with para-
graphs 1 to 3 of this Article shall be:-
(a) Amounts expended on payment authorizations issued
after the entry into force of the present Convention to satisfy
liabilities for accommodation, goods, materials or services
procured or ordered before the entry into force of the present
Convention by the authorities of the Powers concerned as a
charge to occupation costs or mandatory expenditures, to the
.extent that such amounts are not covered by unexpended
occupation costs and mandatory expenditure funds remaining
available to the Three Powers for the purpose after the entry
into force of the present Convention;
(h) Amounts expended on payment authorizations issued
before the end of the period covered by paragraph 2 of this
Article under the Deutsche Mark budgets of the Powers
concerned established in accordance with Article 5 of the
present Convention. To the extent that the funds provided
under paragraph 1 of this Article have not been fully ex-
pended to meet payment authorizations issued before the
end of the period covered by that paragraph they will
remain available to the Forces for aperiod of eighteen months
for the liquidation of liabilities then outstanding which are
chargeable to the funds for the support of the Forces. A
corresponding procedure will apply to the funds made
available in accordance with paragraph 2 of this Article ;
however, the latter funds will remain available to the Forces
after the end of the relevant period for twelve months; and
(c) Amounts expended for such other purposes as may be
agreed between the Federal Republic and the Three Powers.
7. The Three Powers undertake to make a consistent effort to
ensure that the carry over will not increase and shall be sub-
stantially reduced as rapidly as possible. The authorities of the
Three Powers and the Federal Republic will co-operate fully for
this purpose and will assist each other by exchanging relevant
information. and in any other appropriate ways. The carry over
within the meaning of this paragraph is that part of the funds
made available by the Federal Republic for occupation costs and
mandatory expenditures which has not been disbursed, together
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 27
with that part of the funds made available in accordance with
paragraph 1 of this Article which has similarly not been dis-
bursed."
Article 5, paragraph 3
Delete the sentence "Expenditures under such budget . . . control
over them"
Article 6, paragraph I
Substitute:
"1. Subject to the provisions of Article 4 of the present Con-
vention, the Federal Republic shall take all steps necessary to
make available, as required, the funds for the support of the
Forces."
Article 7, I
paragraph (g) (iii)
Substitute for the words "the defence contribution of the Federal
Republic" the words "funds for the support of the Forces".
Article 8, paragraph 14
Substitute:
"14,, Compensation awarded under a decision of an agency
of the Forces shall, for the periods specified in paragraphs 1 and
2 of Article 4 of the present Convention, be chargeable to the
funds for the support of the Forces of the Power concerned
unless otherwise agreed between the Federal Republic and the
Power concerned. An agreement between the Federal Republic
and the United Kingdom of Great Britain and Northern Ireland
in that regard and in relation to ancillary procedure is annexed
to the present Convention as Annex A. A similar agreement
between the Federal Republic and the United States of America
is annexed to the present Convention as Annex B."
Article 8, paragraph 15
Substitute:
"15. Notwithstanding the other provisions of this Article,
claims in respect of damage caused to accommodation or move-
ables which have been made available for use by the Authorities
of the Power concerned before the entry into force of the-present
Convention, and released by them after the end of the period
covered by paragraph 2 of Article 4 of the present Convention
shall be determined by the German authorities and shall not be
charged to the funds for the support of the Forces, or to the
Power concerned."
Article 8, paragraph, 18
Delete.
Article 12, paragraph 6
Delete the sentence "Timely . . . 30 June 1953."
Article 13, paragraph 2
Substitute for the words "30 June 1953" the words "the end of the
period covered by paragraph 2 of Article 4 of the present Convention;
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'PROTOCOLS ON THE FEDERAL REPtJRLIC OF GERMANY
Article 13, paragraph 8
Substitute:
"3. During the period covered by paragraph 1 of Article 4 of
the present Convention, the costs of the installations and works
referred to in Article 20 of the Forces Convention shall be charge-
able to the funds for the support of the Forces. During the period
covered by paragraph 2 of Article 4 of the present Convention.,
the costs of the above mentioned installations and works shall be
chargeable to the funds for the support of the Forces to the extent
that provision is made therefor in the budgets of the Powers con-
cerned. If installations and works should be carried out for
which no provision has been made in such budgets, their financing
shall be determined by prior agreement between the Federal
Republic and the Powers concerned."
Article 13, paragraph 4
Substitute for the words "30 June 1953" the words: "the end of the
period covered by paragraph 2 of Article 4 of the present Convention."
Article 18, paragraph 4
Delete the words "mentioned in paragraph 3 of Article 4 of the
present Convention."
Article 18, paragraph 5
Delete.
Article 14
Delete the sentence "Representatives . . . involved."
Article 16
Delete the phrase "especially if agreements . . . desirable."
Article 18, paragraph 1
Delete.
Article 18, paragraph 2
Delete the words "which are not members of the European Defence
Community,".
Article 19, sub-paragraph (a)
Substitute:
"(a) in matters which under paragraphs 1 to 4 of Article 4 of
the present Convention are to be settled by negotiation."
Annex `A', Section 9
Delete.
Annex `B'
Add new Annex `B.'
ANNEX B TO THE FINANCE CONVENTION
In the case of the Forces of the United States of America the pro-
,visions of Article 8 of the Finance Convention shall be implemented
in,.aceordance with the following provisions:
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SECTION 1
The functions of the appropriate agency of the Forces set out in
paragraph 9 of Article 8 of the Finance Convention shall in respect
to these Forces be delegated to the Federal Republic.
SECTION 2
1. The appropriate German agency shall promptly inform the
appropriate agency of the Forces of any claim lodged with it and shall
append such particulars as the latter agency may require.
2. After receipt of these particulars, the appropriate agency of the
Forces shall forward as soon as possible to the appropriate German
agency such relevant information and evidence obtainable from its
own sources as is necessary for dealing with the claim insofar as the
making available of such evidence is permissible under the regula-
tions of the United States. The German agency shall assess and pay
any compensation upon the claim only in the full light of this evidence.
SECTION 3
1. The appropriate agency of the Forces shall include in the infor-
mation and evidence forwarded to the appropriate German agency
under paragraph 2 of Section 2 of this Annex a statement as to whether
or not acts or omissions of the Forces as defined in paragraph 2 of
Article 8 of the Finance Convention are involved.
2. The German agency shall not assess or pay any compensation
unless the appropriate agency of the Forces has issued a statement
that acts or omissions of the Forces as defined in paragraph 2 of
Article 8 of the Finance Convention are involved.
3. If during investigations of a claim circumstances appear which
would lead to an inference different from that contained in the state-
ment, the appropriate agency of the Forces shall, on the request of
the appropriate German agency, review its statement taking into
account the representations made by the German agency.
SECTION 4
If a claimant brings an action in the ordinary German court against
the Federal Republic pursuant to paragraph 10 of Article 8 of the
Finance Convention, the German agency shall forward to the appro-
priate agency of the Forces a copy of the complaint. Should they
German agency deem it necessary in the light of the complaint to
obtain from the agency of the Forces supplementary documents or
evidence from its own sources for use in connection with the defence
of the action, the German agency shall so inform the agency of the
Forces as soon as possible.
Should the legally enforceable judgment of a Court in an action
brought under paragraph 10 of Article 8 of the Finance Convention
differ from the decision of the German agency taken under Section
1 of this Annex, the decision shall be modified so as to make it accord
with the judgment; this shall apply whether or not the authorities
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30 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
of the Forces exercised their right to participate in the action against
the Federal Republic under paragraph 12 of Article 8 of the Finan-,e
Convention.
To enable that part of the compensation awarded by the German
agencies or Courts which under Section 7 of this Annex is to be
charged to the funds for the support of the Forces of the United
States to be so charged, the German agency shall by the fifteenth day
of each month furnish to the appropriate agency of the Forces a list
showing the amounts of compensation paid during the previous month.
It is a reed, as provided for in paragraph 14 of Article 8 of the
Finance Convention, that 75 per cent of the compensation awarded
by the appropriate German agencies or by the ordinary German
courts shall be charged to the funds for the support of the Forces
made available under the Finance Convention. The remaining 25
per cent of the compensation shall be borne by the Federal Republic.
The provisions of this Annex shall not affect the provisions of
paragraph 16 of Article 8 of the Finance Convention.
SCHEDULE IV
AMENDMENTS TO THE CONVENTION ON THE SETTLEMENT OF MATTERS
ARISING OUT OF THE WAR AND THE OCCUPATION
Introductory words
Substitute:
"The United States of America, the United Kingdom of Great
Britain and Northern Ireland, the French Republic and the
Federal Republic of Germany agree as follows: "
CHAPTER ONE-GENERAL PROVISIONS
Article 8, sub-paragraph (d)
For the words "paragraph 6 of Article 4, of Chapter Two of the
present Convention", substitute the words "paragraph 1 of Article
12 of this Chapter."
Article 8, sub-paragraph (e)
Delete.
Add new Articles:
((ARTICLE 9
1. The Allied High Commission legislation concerning the reor-
ganization of the German coal mining and iron and steel indus-
tries, to the extent that such legislation is in force on the date of
the entry into force of the present convention, shall be maintained
in force in so far and so long as deconcentration measures ordered
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before that date are still to be carried out or claimants are still
to be protected.
2. The Federal Government shall ensure that the measures
decreed under the legislation referred to in paragraph 1 of this
Article by regulations or orders of the Allied High Commission
or of its subordinate bodies as well as the measures required to
be taken in implementation of the plans approved by such orders
shall be carried through to completion.
3. The provisions of this Article shall be without prejudice to
such expansion or affiliation of enterprises of the German coal
mining and iron and steel industries as shall be permitted under
the Treaty on the Establishment of the European Community
for Coal and Steel.
1. A mixed committee of experts composed of seven members
shall be established according to the following procedure. Three
of its members shall be appointed by the Federal Republic and
one by each of the Three Powers immediately after the Federal
Government has received the first application under paragraph 3
of this Article and has notified the Three Powers of that fact.
The members so appointed shall elect a seventh member by
majority vote within six months after this notification. If within
that time the seventh member shall not have been elected or
shall not have accepted election, the Board of Directors of the
Bank of International Settlements shall be requested to appoint
as a seventh member an expert who shall not be a national of
any of the Signatory States.
2. The function of the Mixed Committee shall be to consider
applications for extensions of the final time for the disposition
of securities required by regulations or orders of the Allied
High Commission or its subordinate bodies or by reason of the
terms of a plan approved by any such order.
3. Applications must be filed with the Federal Government
not later than one year before the expiration of the time fixed
for the disposition of the securities. The applicant shall, until
the decision of the Mixed Committee is rendered, be entitled to
file any additional supporting papers.
4. The Mixed Committee shall extend the time .fixed for the
disposition of the securities, provided that the applicant estab-
lishes that all of such securities could not, with the exercise of
reasonable efforts, be disposed of on reasonable terms and on it
basis which is compatible with the German public interest and
that such disposition will not be possible within the remaining
time without a disruptive effect on the German capital market.
5. Any extension under paragraph 4 of this Article shall be
granted for not more than one year but shall be subject to renewal
upon a further application on the basis of the standards set forth
in that paragraph. The Mixed Committee may attach appro-
priate conditions to any such extension or renewal.
6. The decision of a majority of the members shall constitute
the decision of the Mixed Committee. The Committee shall
render its decision before the expiration of the time fixed for the
disposition of the securities.
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32 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
7. The emoluments of the members of the Mixed Committee
shall be. paid by each of the Signatory States in respect of the
member or members appointed by it. One-half of the emolu-
ments of the seventh member shall be paid by the Federal
Republic, and one-sixth by each of the Three Powers. The
Mixed Committee may charge the remaining costs, in whole or
in part, to the applicants.
8. The Mixed Committee shall adopt its own rules for the
conduct of its business.
ARTICLE 11
1. The Allied High Commission legislation concerning the
termination of the deconcentration and liquidation of the I. G.
Farbenindustrie A. G. i. L. to the extent that such legislation is
in force on the entry into force of the present Convention shall. be
maintained in force until the liquidation of the I. G. Farben-
industrie A. G. i. L. in accordance with such legislation has been
completely carried out. Those provisions of the legislation
referred to in the first sentence of this paragraph which concern
rights or obligations (Rechtsverllaltnisse) continuing to exist
after the completion of the liquidation of I. G Farbenindustrie
A. G. i. L. shall be maintained in force until such rights and obliga
tions have been completely settled.
2. The. Federal Government shall ensure that the measures
decreed under the legislation referred to in paragraph 1 of this
Article by regulations or order of the Allied High Commission or
of its subordinate bodies shall be carried through to completion.
1. After the entry into force of the present Convention the
Board of Review provided for under Article 13 (as amended) of
Allied High Commission Law No. 27 shall consist of one member
appointed by each of the Three Powers and three. members
appointed` by the Federal Republic. As so constituted this
Board of Review shall continue to be the sole appropriate body
to review, on the petition of interested persons, any orders issued
under sub-paragraph (c) of Article 5 of Law No. 27, or under
paragraph 1 of Article 5 of Allied High Commission Law No. 35.
The independence of the members of the Board of Review and
their freedom of decision shall not be impaired by instructions or
other actions of their Governments. Before rendering a decision
the Board of Review shall grant the claimant a hearing.
2. The emoluments of the members of the Board of Review
shall be paid by each of the Signatory States in respect of the
member or members appointed by it. One-half of the remaining
expenses of the Board of Review shall be borne by the Federal
Republic, and one-sixth by each of the Three Powers.
ARTICLE 13
In order to facilitate the smooth transition from the Occupa-
tion regime to normal diplomatic relationships, and to provide
for the accommodation of the Embassies and Consulates of tine
United States of America, the United Kingdom of Great Britain
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and Northern Ireland and the French Republic, the Govern.-
ments of the United States, the United Kingdom and the French
Republic are hereby granted the right, subject to the payment of
compensation in appropriate cases, to the continued use for a
transitional period of the property used by them on the entry
into force of the present Convention, provided such property is
required for use by the Embassies and Consulates to be set up
by them."
BHAPTER TWO-DECARTELIZATION AND DECONCENTRATION
Delete whole Chapter.
CHAPTER THREE-INTERNAL RESTITUTION
Article 1, sub-paragraph (a) (i)
For the words "Military Government Law No. 59, as amended or
supplemented by Ordinances No. . . . 240 and 243" substitute the
words "Military Government Law No. 59, as amended or supple-
mented by Ordinances No. . . . 240, 243, 252 and 255".
Article 1, sub-paragraph (a) (ii)
For the words "Laws No. . 21 (as amended) and 30" substitute
the words "Laws No. . . . 21 (as amended), 30 and 42".
Article 1, sub-paragraph (b) (i)
Replace the word "and" between "High Commissioner" and
"paragraph 3" by a comma; add after "No. 202" the words "and
Ordinance No. 254 of the United Kingdom High Commissioner".
Article 3, paragraph 3
Delete.
Article 3, paragraph 5 (a) (b) (c)
Delete.
Article 6, paragraph 1 (a)
For the words "Board of Review" substitute the words "Supreme
Restitution Court".
Annex, Article 5, paragraph 5 (c) (i)
Delete.
Annex, Article 9, paragraph 1 (b)
For the words "Board of Review established by Regulation No. 6
under British Military Government Law No. 59" substitute the words
"Supreme Restitution Court for the British Zone established by
Ordinance No. 255 of the United Kingdom High Commissioner".
Annex, Article 9, paragraph 2
For the words "Board of Review" substitute the words "Supreme
Restitution Court for the British Zone".
CHAPTER FOUR-COMPENSATION FOR VICTIMS OF
NAZI PERSECUTION
Paragraph 4t
Delete.
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34 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
CHAPTER FIVE-EXTERNAL RESTITUTION
Article 2, paragraph 2
Substitute for the words "8 May 1955" the words "8 May 1956".
Substitute. for the words "8 May 1956" the words "8 May- 1957".
Article 3, paragraph 1
Substitute for the words "8 May 1955" the words "8 May, 1956".
Article 3, paragraph 2
Substitute for the words "8 May 1955" the words "8 May 1956".
CHAPTER SIX-REPARATION
Article 2, first sentence
Insert after the words "Law No. 63" the words "as amended by
.Decision No. 24 of the Allied High Commission".
CHAPTER SEVEN-DISPLACED PERSONS AND REFUGEES
Article 1, sub-paragraphs (a) (b) (c)
Delete.
Article 3
Delete.
Article 5
Delete.,
CHAPTER EIGHT-CLAIMS AGAINST GERMANY
Delete whole Chapter with Annex.
CHAPTER NINE-CLAIMS AGAINST FOREIGN NATIONS OR NATIONALS
Article 3, paragraph 3
Insert after tl e^ words "Law No. 47" the words "as amended by
,Allied High Commission Law No. 79".
CHAPTER TEN-FOREIGN INTERESTS IN GERMANY
Article 2, second sentence
Substitute:
"This legislation shall be reviewed by the Federal Republic in
agreement with the other Signatory States on the basis of the
provisions of the Agreement on German External Debts, con-
eluded in London on 27 February 1953, in so far as this legislation
involves claims dealt with in that Agreement."
Article 6, paragraph L
Substitute for the words "the proposed Final Equalisation of
Burdens (Lastenausgleich) Law" the words "the Law on Equalisation
of Burdens of 14 August 1952 (Bundesgesetzblatt Teil I Seite 446)".
Article 6, paragraph 2 (last phrase before subparagraph (a))
Delete the word "proposed".
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Article 6, paragraph 2 (c) (last phrase)
Delete the word "proposed".
Article 6, paragraph 7
Delete the word "Final" (English text only).
Article 7, sub paragraph (a) (i)
Delete.
Article 7, sub-paragraph (a) (ii)
Delete the words "No. 55 (second Amendment of Legislation con-
cerning Monetary Reform)".
Article 7, sub-paragraphs (a) (iii), (b) and (c) (i) and (ii)
Delete.
Article 9, paragraph 1
Delete the words "and also in connection . . . Law No. 55".
Article 12, paragraph I
Insert after sub-paragraph (f): "Appeals under the last sentence of
Article 2 and paragraph 3 of Article 7 of Allied High Commission Law
No. 8, pending on the entry into force of the present Convention be-
fore the Patent Appeal Board established by Regulation No. 1 under
Law No. 8 (amended), are hereby transferred to the Arbitral Com-
mission and shall be dealt with by it in the same manner as appeals
under this Article."
CHAPTER ELEVEN-FACILITIES FOR THE EMBASSIES AND CONSULATES
OF THE THREE POWERS IN THE FEDERAL REPUBLIC
Delete whole Chapter.
Article I
Substitute for the words "Articles 2 to 7" the words "Articles 2 to
V.
Article 7
Delete.
SCHEDULE V
AMENDMENTS TO THE AGREEMENT ON THE TAX TREATMENT OF THE
FORCES AND THEIR MEMBERS
Introductory words
Substitute:
"The United States of America, the United Kingdom of Great
Britain and Northern Ireland, the French Republic and the
Federal Republic of Germany agree as follows:"
Article 5
After the word "negotiations" insert the words "or by other means
agreed between all the Signatory States."
Article 6, paragraph 1, 2, 3
Delete.
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36 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
[TransIatlon]
The textual conformity of the preceding photocopy with the
original, deposited in the Archives of the Government of the Federal
Republic of Germany, of the Protocol on the Termination of the
Occupation Regime in the Federal Republic of Germany, signed in
Paris on October 23, 1954, is hereby certified.
Bonn, November 2, 1954
[SEAL]
/s! BERGER
Ministerial Director
Chief of the Legal Division of the Foreign Office
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PROTOCOL TO THE NORTH ATLANTIC TREATY ON THE
ACCESSION OF THE FEDERAL REPUBLIC OF GERMANY
The Parties to the North Atlantic Treaty signed at Washington on
4th April, 1949,
Being satisfied that the security of the North Atlantic area will be
enhanced by the accession of the Federal Republic of Germany to
that Treaty, and
Having noted that the Federal Republic of Germany has by a
declaration dated 3rd October, 1954, accepted the obligations set
forth in Article 2 of the Charter of the United Nations and has under-
taken upon its accession to the North Atlantic Treaty to refrain from
any action inconsistent with the strictly defensive character of that
Treaty, and
Having further noted that all member governments have associated
themselves with the declaration also made on 3rd October, 1954, by
the Governments of the United States of America, the United Kingdom
of Great Britain and Northern Ireland and the French Republic in
connection with the aforesaid declaration of the Federal Republic of
Germany,
Agree as follows:
Upon the entry into force of the present Protocol, the Government
of the United States of America shall on behalf of all the Parties com-
municate to the Government of the Federal Republic of Germany
and invitation to accede to the North Atlantic Treaty. Thereafter
the Federal Republic of Germany shall become a Party to that Treaty
on the date when it deposits its instruments of accession with the
Government of the United States of America in accordance with
Article 10 of that Treaty.
ARTICLE II
The present Protocol shall enter into force, when (a) each of the
Parties to the North Atlantic Treaty has notified to the Government
of the United States of America its acceptance thereof, (b) all instru-
ments of ratification of the Protocol Modifying and Completing the
Brussels Treaty have been deposited with the Belgian Government,
and (c) all instruments of ratification or approval of the Convention
on the Presence of Foreign Forces in the Federal Republic of Germany
have been deposited with the Government of the Federal Republic of
Germany. The Government of the United States of America shall
inform the other Parties to the North Atlantic Treaty of the date of
the receipt of each notification of acceptance of the present Protocol
and of the date of the entry into force of the present Protocol.
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38 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
The present Protocol, of which the English and French texts are
equally authentic, shall be deposited in the archives of the Govern-
ment of the United States of America. Duly certified copies thereof
shall be transmitted by that Government to the Governmentsof the
other Parties to the North Atlantic Treaty.
IN WITNESS WHEREOF, the undersigned Representatives, duly
authorised thereto by their respective Governments, have signed uhe
present Protocol.
Signed at Paris the twenty-third day of October nineteen hundred
and fifty-four.
For Belgium:
P. H. SPAAK
For Canada:
L B PEARSON
For Denmark:
H. C. HANSEN.
For France:
P MENDhs-FRANCE
For Greece:
S STEPHANOPOULOS
For Iceland:
KRISTINN GUDMUNDSSON
For Italy:
G. MARTINO
For the Grand-Duchy of Luxemburg:
Jos BECH
For Netherlands:
J W BEYEN
For Norway:
IIALVARD LANGE
For Portugal:
PAULO CUNHA
For Turkey:
F. KOPRULU
For the United Kingdom of Great Britain and Northern-Ireland:
ANTHONY EDEN
For the United States of America:
JOHN FOSTER DULLES
I CERTIFY THAT the foregoing is a true copy of the Protocol to the
North' Atlantic Treaty on the Accession of the Federal Republic
of Germany signed at Paris on October 23, 1954 in the English arLd
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 39
French languages, the signed original of which is deposited in the
archives of the Government of the United States of America.
IN TESTIMONY WHEREOF, I, JOHN FOSTER DULLES, Secretary of
State of,the United States of America, have hereunto caused the
seal of the Department of State to be affixed and my name subscribed
by the Authentication Officer of the said Department, at the city of
Washington, in the District of Columbia, this second day of Novem-
ber 1954.
[SEAL]
By
JOHN FOSTER DULLES
Secretary of State
BARBARA HARTMAN
Authentication Officer
Department of State
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FINAL ACT OF THE NINE-POWER CONFERENCE HELD AT
LONDON, SEPTEMBER 28-OCTOBER 3, 1954
The Conference of the Nine Powers, Belgium., Canada, France,
German Federal Republic, Italy, Luxembourg, Netherlands, United
Kingdom of Great Britain and Northern Ireland and United States
met in London from Tuesday September Twenty-eighth to Sunday
October Third. It dealt with the most important issues facing the
Western world, security and European integration within the frame-
work of a developing Atlantic community dedicated to peace and
freedom. In this connexion the Conference considered how to assure
the full association of the German Federal Republic with the West
and the German defence contribution.
Belgium was represented by His Excellency Monsieur P-H Spaak.
Canada was represented by the Honourable L. B. Pearson.
France was represented by His Excellency Monsieur P. Mendi s-
France.
The Federal Republic of Germany was represented by His Excel-
lency Dr. K. Adenauer.
Italy was represented by His Excellency Professor G. Martino.
Luxembourgg was represented by His Excellency Monsieur J. Bech.
The Netherlands was represented by His Excellency J. W. Beyen.
The United Kingdom of Great Britain and Northern Ireland was
represented by Rt. Hon. A. Eden, M. C., M. P.
The United States of America was represented by the Honourable
J. F. Dulles.
All the decisions of the Conference formed part of one general
settlement which is, directly or indirectly, of concern to all the NA.To
powers and which will therefore be submitted to the North Atlantic
Council for information or decision.
I. GERMANY
The Governments of France, the United Kingdom and the United
States declare that their policy is to end the Occupation regime in the
Federal Republic as soon as possible, to revoke the Occupation Statute
and to abolish the Allied High Commission. The Three Governments
will continue to discharge certain responsibilities in Germany arising
out of the international situation.
It is intended to conclude, and to bring into force as soon as the
necessary parliamentary procedures have been completed, the appro-
priate instruments for these purposes. General agreement has al-
ready been reached on the content of these instruments and repre-
sentatives of the Four Governments will meet in the very near future
to complete the final tests. The agreed arrangements may be put into
effect either before or simultaneously with the arrangements for the
German defence contribution.
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44 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
As these arrangements will take a little time to complete, the Three
Governments have in the meantime issued the following Declaration
of Intent:
Recognising that a great country can no longer be deprived of the
rights properly belonging to a free and democratic people; and
Desiring to associate the Federal Republic of Germany on a footing
of equality with their efforts for peace and security.
The Governments of France, the United Kingdom, the United
States of America desire to end the Occupation regime as soon as
possible.
The fulfilment of this policy calls for the settlement of problems of
detail in order to liquidate the past and to prepare for the future,
and requires the completion of appropriate Parliamentary procedures.
In the meantime, the Three Governments are instructing their High
Commissioners to act forthwith in accordance with the spirit of the
above policy. In particular, the High Commissioners will not use
the powers which are to be relinquished unless in agreement with the
Federal Government, except in the fields of disarmament and demili-
.tarisation and in cases where the Federal Government has not been
able for legal reasons to take the action or assume the obligations
contemplated in the agreed arrangement.
II. BRUSSELS TREATY
The Brussels Treaty will be strengthened and extended to make
it a more effective focus of European integration.
For this. purpose the following arrangements have been agreed
upon:
(a) The German Federal Republic and Italy will be invited to
accede to the Treaty, suitably modified to emphasise the objec-
tive of European unity, and they have declared themselves
ready to do so. The system of mutual automatic assistance in
case of attack will thus be extended to the German Federal
Re ublic and Italy.
(b) The structure of the Brussels Treaty will be re-inforced. In
particular the Consultative Council provided in the Treaty w:.11
become a Council with powers of decision.
(c) The activities of the Brussels Treaty Organisation will be
extended: to include further important tasks as follows:
The size and general characteristics of the German defence
contribution will conform to the contribution fined for EDC.
The maximum defence contribution to NATO of all mem-
bers of the Brussels Treaty Organization will be determined
by a special agreement fixing levels which can only be in-
creased by unanimous consent.
.The strength and armaments of the internal defence forces
and the police on the Continent of the countries members
of the Brussels Treaty Organisation will be fixed by agree-
ments within that Organisation having regard to their proper
function and to existing levels and needs.
The Brussels Treaty Powers agree to set up, as part of the Brussels
Treaty Organisation, an Agency for the control of armaments on the
Continent of Europe of the continental members of the Brussels
Treaty Organisation. The detailed provisions are as follows.
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 43
1. The functions of the Agency shall be
(a) to ensure that the prohibition of the manufacture of
certain.types of armaments as agreed between the Brussels
Powers is being observed;
(b) to control the level of stocks held by each country on
the Continent of the types of armaments mentioned in the
following paragraph. This control shall extend to produc-
tion and imports to the extent required to make the control
of stocks effective.
2. The types of armaments to be controlled under 1 (b) above
shall be
(a) weapons in categories 1, II and III listed in Annex II
to Article 107 of the EDC Treaty;
(b) weapons in the other categories listed in Annex II to
Article 107 of the EDC Treaty.
(c) A list of major weapons taken from Annex I to the
same Article to be established hereafter by an expert working
gr Measures will be taken to exclude from control materials
and products in the above lists for civil use.
3. As regards the weapons referred under paragraph 2 (a)
above when the countries which have not given up the right to
produce them have passed the experimental stage and start
effective production, the level of stocks that they will be allowed
to hold on the Continent shall be decided by the Brussels Treaty
Council by a majority vote.
4. The continental members of the Brussels Treaty Organisa-
tion agree not to build up stocks nor to produce the armaments
mentioned in paragraph 2 (b) and (c) beyond the limits required
(a) for the equipment of their forces, taking into account any
imports including external aid, and (b) for export.
5. The requirements for their NATO forces shall be established
on the basis of the results of the Annual Review and the recorn-
mendations of the NATO military authorities.
6. For forces remaining under national control, the level of
stocks must correspond to the size and mission of those forces.
That level shall be notified to the Agency.
7. All importations or exportations of the controlled arms will
be notified to the Agency.
8. The Agency will operate through the examination and
collation of statistical and budgetary data. It will undertake
test checks and will make such visits and inspections as may be
required to fulfil its functions as defined in paragraph 1 above.
9. The basic rules of procedure for the Agency shall be laid
down in a Protocol to the Brussels Treaty.
10. If the Agency finds that the prohibitions are not being
observed, or that the appropriate level of stocks is being exceeded,
it will so inform the Brussels Council.
11. The Agency will report and be responsible to the Brussels
Council, which will take its decisions by a majority vote on
questions submitted by the Agency.
12. The Brussels Council will make an Annual Report on its
activities concerning the control of armaments to the Delegates
of the Brussels Treaty Powers to the Consultative Assembly of
the Council of Europe.
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44 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
13. The Governments of the U. S. A. and Canada will notify
the Brussels Treaty Organisation of the military aid to be
distributed to the continental members of that Organisation.
The Organisation may make written observations.
14. The Brussels Council will establish a Working Group in
order to study the draft directive presented by the French
Government and any other papers which may be submitted Dn
the subject of armaments production and standardisation.
15. The Brussels Treaty Powers have taken note of the follow-
ing Declaration of the Chancellor of the Federal Republic of
Germany and record their agreement with it:
THE FEDERAL CHANCELLOR DECLARES:
that the Federal Republic undertakes not to manufacture in its
territory any atomic weapons, chemical weapons or biological
weapons, as detailed in paragraphs I, II and III of the attached
lists;
that it undertakes further not to manufacture in its territory
such weapons as those detailed in paragraphs IV, V and VI of the
attached list. Any amendment to or cancellation of the sub-
stance of paragraphs IV, V and VI can, on the request of the
Federal Republic, be carried out by a resolution of the Brussels
Council of Ministers by a two-thirds majority, if, in accordance
with the needs of the armed forces, a request is made by the com-
petent supreme commander of NATO;
that the Federal Republic agrees to supervision by the com-
petent authority of the Brussels Treaty Organisation to ensure
that these undertakings are observed.
This list comprises the weapons defined in paragraphs I to VI and
the factories earmarked solely for their production. All apparatus,
parts, equipment, installations, substances and organisms which are
used for civilian purposes or for scientific, medical and industrial re-
search in the fields of pure and applied science shall be excluded frem
this definition.
I. Atomic weapons
Text as in Annex II paragraph I to Article 107 of the EDC
Treaty with the deletion of (c).
II. Chemical weapons
III. Biological weapons Texts as in Annex II, para-
IV. Long distance missiles, graphs II, III, IV to Article
guided missiles, 107 of the EDC Treaty.
magnetic and influence mines
V. Warships, with the exception of smaller ships for defence purposes
"Warships, with the exception of smaller ships for defence
purposes are:
(a) Warships of more than 3,000 tons displacement.
(b) Submarines of more than 350 tons displacement.
(c) All warships which are driven by means other than
steam, Diesel or petrol engines or by gas turbines
or by jet engines".
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 45
VI. Bomber aircraft for strategic purposes
The closest possible co-operation with NATO shall be estab-
lished in all fields.
III. UNITED STATES, UNITED KINGDOM, AND CANADIAN ASSURANCES
The United States Secretary of State set forth the willingness of the
United States to continue its support for European unity, in accord-
ance with the following statement.
If, using the Brussels Treaty as a nucleus, it is possible to find in this
new pattern a continuing hope of unity among the countries of Europe
that are represented here, and if the hopes that were tied into the
European Defense Community Treaty can reasonably be transferred
into the arrangements which will be the outgrowth of this meeting,
then I would certainly be disposed to recommend to the President that
he should renew the assurance offered last spring in connection with
the European Defense Community Treaty to the effect that the United
States will continue to maintain in Europe, including Germany, such
units of its armed forces as may be necessary and appropriate to con-
tribute its fair share of the forces needed for the joint defense of the
North Atlantic area while a threat to the area exists and will continue
to deploy such forces in accordance with agreed North Atlantic
strategy for the defense of this area.
The United Kingdom confirmed its active participation in the
Brussels Treaty Organisation and gave the following assurance about
the maintenance of United Kingdom forces on the continent of
Europe.
The United Kingdom will continue to maintain on the mainland
of Europe, including Germany, the effective strength of the United
Kingdom forces now assigned to SACEUR, four divisions and the
Tactical Air Force, of whatever SACEUR regards as equivalent
fighting capacity. The United Kingdom undertakes not to withdraw
those forces against the wishes of the majority of the Brussels Treaty
Powers, who should take their decision in the knowledge of SACEUR's
views.
This undertaking would be subject to the understanding that an
acute overseas emergency might oblige Her Majesty's Government
to omit this procedure.
If the maintenance of United Kingdom forces on the mainland of
Europe throws at any time too heavy a strain on the external finances
of the United Kingdom, the United Kingdom will invite the North
Atlantic Council to review the financial conditions on which the
formations are maintained.
Canada reaffirmed in the following statement its resolve to discharge
the continuing obligations arising out of its membership in NATO and
its support of the objective of European unity.
As far as we are concerned, the North Atlantic Treaty Organisation
remains the focal point of our participation in collective defence and
of our hope for the development of closer cooperation with the other
peoples of the Atlantic community. As such, it remains a foundation
of Canadian foreign policy. While we emphasise, then, our belief in
the North Atlantic Treaty Organisation we welcome the proposed ex-
tension of the Brussels Treaty. We shall look forward to a growing
42118--Ex. L and M, 83-2-4
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46 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
relationship, within the framework of NATO, with the new Brussels
Treaty Organisation, composed of countries with whom we are already
bound by such close ties.
The powers present at the Conference which are members of NATO
agreed to recommend at the next ministerial meeting of the North
Atlantic Council that the Federal Republic of Germany should forth-
with be invited to become a member.
They further agreed to recommend to NATO that its machinery be
reinforced in the following respects:
(a) All forces of NATO countries stationed on the Continent
of Europe shall be placed under the authority of SACEUR, with
the exception of those which NATO has recognised or will recog-
nise as suitable to remain under national command.
(b) Forces placed under SACEUR on the Continent shall be
deployed in accordance with NATO strategy.
(c) The location of such forces shall be determined by SACEUR
after consultation and agreement with the national authorities
concerned.
(d) Such forces shall not be redeployed on the Continent nor
used operationally on the Continent without his consent, subject
to appropriate political guidance from the North Atlantic Council.
(e) Forces placed under SACEUR on the Continent shall be
integrated as far as possible consistent with military efficiency.
(f) Arrangements shall be made for the closer coordination of
logistics by SACEUR.
(g) The level and effectiveness of forces placed under SACEUR
on the Continent and the armaments and equipment, logistics,
and reserve formations of those forces on the Continent shall be
inspected by SACEUR.
The Conference recorded the view of all the governments repre-
sented that the North Atlantic Treaty should be regarded as of in-
definite duration.
V. DECLARATION BY THE GERMAN FEDERAL GOVERNMENT AND JOINT
DECLARATION BY THE GOVERNMENTS OF FRANCE, UNITED
KINGDOM, AND UNITED STATES OF AMERICA
The following declarations were recorded at the Conference by the
German Federal Chancellor and by the Foreign Ministers of France,
United Kingdom and United States of America.
The German Federal Republic has agreed to conduct its policy in
accordance with the principles of the Charter of the United Nations
and accepts the obligations set forth in Article 2 of the Charter.
Upon her accession to the North Atlantic Treaty and the Brussels
Treaty, the German Federal Republic declares that she will refrain
from any action inconsistent with the strictly defensive character of
the two treaties. In particular the German Federal Republic under-
-takes never to have recourse to force to achieve the reunification of
Germany or the modification of the present boundaries of the German
Federal Republic, and to resolve by peaceful means any disputes
which may arise between the Federal Republic and other States.
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 47
DECLARATION BY THE GOVERNMENTS OF UNITED STATES OF AMERICA,
UNITED KINGDOM AND FRANCE
The Governments of the United States of America, the United
Kingdom of Great Britain. and Northern Ireland and the French
Republic,
Being resolved to devote their efforts to the strengthening of peace
in accordance with the Charter of the United Nations and in particu-
lar with the obligations set forth in Article 2 of the Charter.
(i) to settle their international disputes by peaceful means in
such a manner that international peace and security and justice
are not endangered;
(ii) to refrain in their international relations from the threat or
use of force against the territorial integrity or political independ-
ence of any State, or in any. other manner inconsistent with the
purposes of the United Nations;
(iii) to give the United Nations every assistance in any action
it takes in accordance with the Charter, and to refrain from giving
assistance to any State against which the United Nations take
preventive or enforcement action;
(iv) to ensure that States which are not Members of the United
Nations act in accordance with the principles of the Charter so far
as may be necessary for the maintenance of international peace
and security.
Having :regard to the purely defensive character of the Atlantic
Alliance which is manifest in the North Atlantic Treaty, wherein they
reaffirm their faith in the purposes and principles of the Charter of
the United Nations and their desire to live in peace with all peoples
and all Governments, and undertake to settle their international dis-
putes by peaceful means in accordance with the principles of the
Charter and to refrain, in accordance with those principles, from the
threat or use of force in their international. relations,
Take note that the German Federal Republic has by a Declaration
dated October 3rd accepted the obligations set forth in Article 2 of
the Charter of the United Nations and has undertaken never to have
recourse to force to achieve the reunification of Germany or the modi-
fication of the present boundaries of the German Federal Republic,
and to resolve by peaceful means any disputes which may arise
between the Federal Republic and other states:
DECLARE THAT
1. They 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.
2. In their relations with the Federal Republic they will follow
the principles set out in Article 2 of the United Nations Charter.
3. A peace settlement for the whole of Germany, freely nego-
tiated between Germany and her former enemies, which should
lay the foundation of a lasting peace, remains an essential aim
of their policy. The final determination of the boundaries of
Germany must await such a settlement.
4. The achievement through peaceful means of a fully free and
unified Germany remains a fundamental goal of their policy.
5. The security and welfare of Berlin and the maintenance of
the position of the Three Powers there are regarded by the Three
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48 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
Powers as essential elements of the peace of the free world in the
present international situation. Accordingly they will maintain
armed forces within the territory of Berlin as long as their respon-
sibilities require it. They therefore reaffirm that they will treat
any attack against Berlin from any quarter as an attack upon
their forces and themselves.
6. They will regard as a threat to their own peace and safety
any recourse to force which in violation of the principles of the
United Nations Charter threatens the integrity and unity of the
Atlantic alliance or its defensive purposes. In the event of any
such action, the three Governments, for their part, will consider
the offending government as having forfeited its rights to any
guarantee and any military assistance provided for in the North
Atlantic Treaty and its protocols. They will act in accordance
with Article 4 of the North Atlantic Treaty with a view to taking
other measures which may be appropriate.
7. They will invite the association of other member States of
the North Atlantic Treaty Organisation with this Declaration.
VI. FUTURE PROCEDURE
The Conference agreed that representatives of the governments con-
cerned should work out urgently the texts of detailed agreements to
give effect to the principles laid down above. These will be submitted,
where appropriate, to the North Atlantic Council, and to the four
Governments directly concerned with the future status of the Federal
Republic. The Conference hoped that it would be possible to hold a
ministerial meeting of the North Atlantic Council on October 22 i,o
.decide on the arrangements affecting NATO. This will be preceded
by meetings of the four Foreign Ministers on the question of German
sovereignty and of the nine Foreign Ministers.
These agreements and arrangements constitute a notable contribu-
tion to world peace. A Western Europe is now emerging which, rest-
ing on the close association of the United Kingdom with the
Continent and on growing friendship between the participating coun-
tries, will re-inforce the Atlantic community. The system elaborated
by the Conference will further the development of European unity
and integration.
ANNEX
DRAFT DECLARATION AND DRAFT PROTOCOL TO BRUSSELS TREATY
The Governments of Belgium, France, Luxembourg, the Nethe;-
lands and the United Kingdom, parties to the Brussels Treaty of
March 17, 1948, for collaboration in economic, social and cultural ma--,-
ters and for legitimate collective self-defence,
Aware that the principles underlying the association created by the
Brussels Treaty are also recognised and applied by the Federal Re-
public of Germany and Italy,
Noting with satisfaction that their devotion to peace and their
allegiance to democratic institutions constitute common bonds between
the countries of Western Europe,
Convinced that an association with the Federal Republic of Ger-
many and Italy would represent a new and substantial advance in the
direction already indicated by the treaty,
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 49
DECIDE,
In application of Article IX of the treaty, to invite the Federal
Republic of Germany and Italy to accede to the Brussels Treaty,
as revised and completed by the protocol (and list of agreements
and documents to be specified in the final text).
DRAFT PROTOCOL TO THE BRUSSELS TREATY
H. M. King of the Belgians, the President of the French Republic,
President of the French Union, H. R. II. the Grand Duchess of Luxem-
bourg, H. M. the Queen of the Netherlands, H. M. the Queen of the
United Kingdom of Great Britain and Northern Ireland and of her
other realms and territories, head of the Commonwealth, parties to
the Treaty of Economic, Social and Cultural Collaboration and Col-
lective Self-Defence, signed at Brussels on March 17, 1948, herein-
after referred to as the treaty, on the one hand.
And the President of the Federal Republic of Germany and the
President of the Italian Republic on the other hand,
Inspired by a common will to strengthen peace and security,
Desirous to this end of promoting the unity and of encouraging the
progressive integration of Europe,
6onvinced that the accession of the Federal Republic of Germany
and the Italian Republic to the treaty will represent a new and sub-
stantial advance towards these aims:
The Federal Republic of Germany and the Italian Republic hereby
accede to the treaty, as revised and completed by the present protocol
(and the list of agreements and documents).
(A) The subparagraph of the preamble to the treaty "to take such
steps as may be held necessary in the event of renewal by Germany of
a policy of aggression" shall be modified to read:
"To promote the unity and to encourage the progressive inte-
gration of Europe."
(B) The following new article. shall be inserted in the treaty as
Article IV:
"IV. In execution of the treaty, the high contracting parties
and any organs established by them under the treaty shall work
in close cooperation with the North Atlantic Treaty Organization."
The present Article IV of the treaty and the succeeding articles shall
be renumbered accordingly.
(C) Article VIII, formerly Article VII, of the treaty, shall read:
"For the purpose of consulting together on all questions dealt
with in the present treaty and its protocol and the agreements
and other documents set out in Article I above and of strength-
ening peace and security and of promoting unity and of encourag-
ing the progressive integration of Europe and closer cooperation
between member states and with other European organisations,
the high contracting parties will create a council, which shall be
so organised as to be able to exercise its functions continuously.
The council shall meet at such times as it shall deem fit.
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50
"At the request of any of the high contracting parties, the
council shall be immediately convened in order to permit the high
contracting parties to consult with regard to any situation which
may constitute a threat to peace, in whatever area this threat
should arise, or with regard to any situation constituting a dange -
to economic stability."
The present protocol and the agreements set out in Article II above
shall be ratified and the instruments of ratification shall be deposited
as soon as possible with the Belgian Government. They shall ente:?
into force upon the date of deposit of the last instrument of ratification.
STATEMENT BY THE UNITED STATES SECRETARY OF STATE THE
HON. JOHN FOSTER DULLES) AT THE FOURTH PLENARY MEETING
[SEPTEMBER 29]
At the time when we :thought that the European Defense Com-
munity Treaty would promptly be put to a vote of the French Parlia-
ment-that was some time last spring-the United States indicated
that it would be prepared to make a declaration with respect to its
intentions as to the maintenance of armed forces in Europe in the
event that the European Defense Community Treaty should come
into force. The text of that message was communicated to the six
nations that were signatory to the European Defense Community
Treaty and also to the United Kingdom. The essence of that declara-
tion was that the United States would continue to maintain in Europe,
including Germany, such units of its armed forces as may be necessary
to contribute its fair share of the forces needed for the joint defense
of the North Atlantic area while,the `threat to that area exists, and
that we would continue to maintain such forces in accordance with the
agreed North Atlantic strategy for', the defense of this area. There
were other provisions of that declaration. In fact, there were six, one
of which rejated to treating the North Atlantic Treaty as a treaty of
indefinite:durat>kon, rather than only for a fixed period of years.
I do not need, I think, to read the full text of that declaration, be-
cause it has, as I say, been communicated to all of the governments
who are represented here. You doubtless are already familiar with,
and can readily consult, the text which was sent to you at that time.
That declaration was made as I say, in anticipation of the coming
into force of the European ?Defense Community Treaty. The decla-
ration was made after consultation with the leaders of both parties in
the Congress of the United States. It would have been as solemn and
definitive an obligation as the United States is constitutionally capable
of making in this matter.
I should perhaps explain that under our constitutional system the
President of the United States is Commander in Chief of the Armed
Forces of the United States and, as such, has the right to determine
their disposition. That is a right which cannot be impaired by actio,z
of the Congress,. Also, while Congress has no authority to deprive
the President of his right as Commander in Chief of the Armed Forces
to make such disposition of those forces as he believes to be in the in-
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 51
terest of the security of the United States, it is equally the case that
one President of the United States is not constitutionally able to bind
his successors in this matter.
Each President of the United States comes into office enjoying the
right to dispose of the armed forces of the United States as he thinks
best serves the interests of the United States in accordance with the
advice which he gets from his military advisers.
Therefore it is not constitutionally possible for the United States by
treaty, by law, or in any other way to make a legally binding, fixed
commitment to maintain any predetermined quota of armed forces in
any particular part of the world for any particular period of time.
It is nevertheless possible for the President to define a policy which
in his opinion makes it appropriate to maintain certain elements of the
armed forces of the United States in certain areas in pursuance of that
policy. And if the policy is a basic and fundamental one, it is ex-
tremely unlikely that that allocation of forces would be altered. Now,
this declaration that I refer to was designed to involve an exercise, to
the fullest, degree possible under our constitutional system, of the
determination of our Government to support the European Defense
Community by contributing armed forces which would be subject to
integration with its forces, and that declaration was made with the
confidence that the policy that it reflected would be pursued because
of the very great interest which the United States has in the creation
of unity in Europe, and the fact that our Nation has historically
shown its willingness to make tremendous contributions if, in its
opinion, that will aid in the real unification of Europe.
I might recall that the European Recovery Plan-the Marshall
plan as it was called--was made pursuant to a congressional act which
said that the purpose was to promote the unification of Europe. The
North Atlantic Treaty was an engagement which was quite unprece-
dented for the United States. It was quite unprecedented for the
United States to make that kind of long-range alliance with other
countries. That was directly contrary to our earlier policies which
had been pursued for over 100 years. That action was taken only
after the European countries themselves had first come together under
this Brussels Treaty which we are talking about so much today. It
was the encouragement which comes from that which very largely
led to our going on and joining in the commitments of the North
Atlantic Treaty.
The first action taken to provide military aid to Europe was under
the Military Defense Assistance Act of 1949. The language of it was
that it was designed to promote the integration of the defense of
Europe. I think that the history of our action, both our positive
action and negative action, shows that we respond in many ways like
a barometer to the climate which exists in Europe. If the climate is
one of unity and cohesion, our assistance and aid of every kind goes
out. If the climate is one of dissension, disunity, revival of threats
of war, perpetuation of the cycle of recurrent war, then our tendency
is to withdraw. The declaration which we felt able to make in sup-
port of the European Defense Community was on the assumption
that that was a permanent act which would tie together organically
the countries of Europe which in the past have been separate and
among whom war has been bred. We felt that it tied them together
so permanently, so organically, that we could regard that old chapter
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52 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
as a closed chapter and could hopefully commit our strength to Europe
in the confidence that our soldiers over here in Europe would be in a
structure which was safe and sound, that we were not putting our
troops in the midst of what has historically been the world's wort
fire hazard.
Now, a committal of that character is not lightly made, and I
would say in all frankness that as the situation stands today it would
not be possible for the President of the United States to renew that
committal. There has been a great wave of disillusionment which
has swept over the United States, and it is particularly manifest in
the Congress-a great wave of disillusionment over what has hap-
pened, and a feeling that, after all, the situation in Europe is pretty
hopeless and the United States had better not make any long-term
committals to be part of it.
That conclusion is so disastrous in my opinion both for the nations
of Europe and for the United States that I hope most ardently that
what is done here will make it possible to come to a different conclu-
sion, and that it will change the atmosphere, the feeling, in the United
States to a degree which will permit of a renewal of the pledge by the
United States to maintain in Europe such elements of its armed forces
as may be necessary or appropriate to contribute our fair share of
what is needed for the common defense of this North Atlantic; area
while the threat to that area exists. I cannot say at this moment that
a renewal of that commitment is possible. I can say, and must repeat,
that, as things stand today, it is not possible. But if, out of the e1-1-
ments of the situation with which we are dealing-if, using the Brus-
sels Treaty as a nucleus, it is possible to find in this new pattern a
continuing hope of unity among the countries of Europe that are rep-
resented here, and if the hopes that were tied into the European D a
fense Community Treaty can reasonably be transferred into the ar-
rangements which will be the outgrowth of this meeting, then I would
certainly be disposed to recommend to the President that he should
renew a pledge comparable to that which was offered in connection
with the European Defense Community Treaty.
Obviously the context of the pledge would have to be changed,
because in the form in which it was given it related distinctively to
the European Defense Community Treaty.
Just what rephrasing would be required to give it the new look
that would be appropriate to the new situation, that is a matter which
I have not studied and which could not usefully be studied until we
know whether or not a promise of genuine and durable unity will
come out of the deliberations of this gathering and those which may
succeed it.
That, Mr. Chairman, is as clear a statement as I can make today
of the position of my Government in relation to this matter. We are
extremely anxious to contribute all that we can from a material and
constitutional standpoint to promote the kind of unification which
will above all end a situation which has led to recurrent wars which
have weakened and drained the Western nations so that our whoae
Western civilization is in jeopardy as never before in a thousand years.
In reason you can count on us. I think that what we have dome
since the end of the war in terms of economic contribution, military
contributions, the willingness to contribute our best and. ablest brains
in terms of both military and economic matters, all of that I think is a
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proof which cannot be challenged as to what our disposition is in this
matter. You can be confident that that disposition will be reflected
by genuine support to the extent that is appropriate if there is, on
this side, the movement toward unity, if there is a beacon light still
ahead, if we do not feel that we have come to a watershed where efforts
toward unity finally are ended and we are going down on the other
side into the abyss of continuing disunity. I do not think that is
going to happen. If it does not happen, then you can count on the
United States' acting in support of what the European countries do.
I believe that you will find that the American flag, with all it symbol-
izes, will continue to fly alongside of your own here in Europe.
STATEMENT BY THE UNITED KINGDOM SECRETARY OF. STATE (THE
RT. HON. ANTHONY EDEN, M. P.) AT THE FOURTH PLENARY
MEETING [SEPTEMBER 29]
Gentlemen, I think we all feel that we have just listened to a statte-
ment,from the United States Secretary of State of very rare quality
and much-valued frankness. What he has said to us, those of us who
are European, is I think all that in present conditions we could
possibly expect from the United States.
As we survey these post-war years we, I fear, too readily at times
take for granted what this generous brother has done for us in Europe
at a time when but for his help all must have collapsed in confusion
and, perhaps, into communism also. On behalf of the country I
represent here, I would like to assure him that what the United States
has done are not-"All good deeds past, forgot as soon as done"-but
will be remembered with thankfulness, and not for our own sakes
alone. So I would like to tell Mr. Foster Dulles that the words he has
said, so far as our Government are concerned, will be examined with
gratitude and with understanding, and that we shall do our best--I
believe this conference will do its best-to prove worthy of that
greater confidence the United States will show as we establish our
ability to prove our unity and our strength.
Now in all this I am conscious that my own country has a part to
play. I do not want to go back over the full history of past declara-
tions and past undertakings, though there are perhaps one or two
that I ought to mention if the setting of what I want to say this
afternoon is to be understood. We gave, as the United States Govern-
ment gave, a series of undertakings to the EDC. We gave them by
treaty, we gave them by agreement, we gave them by declarations,
and, as I have already informed my colleagues, we stand by those
undertakings and we are ready to reaffirm them. They are not, I
think, unimportant, but some of them are, it is true, inapplicable in the
absence of EDC. Some of those that have as a result of the disappear-
ance of EDC now disappeared may, and probably will, be covered by
the proposals which this conference is now considering. The provision
of automatic military assistance, for instance, which was contained in
our treaty with EDC will be reproduced, I trust, by the proposed
enlargement of the Brussels Treaty. Cooperation between the armed
forces; the deployment and integration of those forces; consultation
about the level of forces, will all now take place, though perhaps
within a different framework.
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54 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
I am very conscious, and so are my colleagues, that there is one par-
ticular plane on which many of you here would wish us to make our
position clearer, and where, if we were able to do so, it might assist the
work of this conference. This relates to the maintenance of British
forces on the continent of Europe, and in respect of that I have a
new proposal to put to my colleagues. The United Kingdom will
continue to maintain on the mainland of Europe, including Germany,
the effective strength of the United Kingdom forces which are now
assigned to SACEUR-four divisions and the tactical Air Force-or
whatever SACEUR regards as equivalent fighting capacity.
The United Kingdom undertakes not to withdraw those fords
against the wishes of the majority of the Brussels Treaty Powers, who
should take. their decision in the knowledge of SACEUR's views.
This undertaking would be subject to the understanding that an
acute overseas emergency might oblige Her Majesty's Government -~o
omit this procedure. If maintenance of the United Kingdom forces
on the mainland of Europe throws at any time too heavy a strain on
the external finances of the United Kingdom, then we would invite the
North Atlantic Council to review the financial conditions on which
the formations are maintained.
My colleagues will realise that what I have announced is for us a
very formidable step to take. You all know that ours is above all an
island story. We are still an island people in thought and traditio:a,
whatever the modern facts of weapons and strategy may compel.
And it has been not without considerable reflection that the Govern-
ment which I represent here has decided that this statement could be
made to you this afternoon. I want only to add this: we are making
it in just the same spirit as Mr. Dulles spoke just now, because we hope
that by doing so we shall make a contribution to enable this conference
to succeed, and recreate confidence on this European continent, and
make. it possible for us to show an example of unity to the world. Of
'course, you will understand that what we have just said, and the under-
taking we are prepared to give, does depend on the outcome of our
work. If we succeed here, then this undertaking stands; if we d.o
not, H. M. Government could not regard itself as committed to what
I have said this afternoon. That applies to the whole of our work, all
the work that we are doing here. So I can only conclude by saying
I hope the conference will consider that what we have said -will be a
contribution to bring us at least a stage nearer the successful conclu-
sion of our labours.
STATEMENT BY THE CANADIAN MINISTER FOR EXTERNAL AFFAIRS
(THE HON. LESTER PEARSON) AT THE FOURTH PLENARY MEETING
[SEPTEMBER 29]
Mr. Chairman, this item on the agenda, which I apologise for re-
turning to-item 5-is headed "United Kingdom and United States
Declarations." I assume that under it I would be quite in order in
expressing great appreciation for the statements which have been
made by you and by Mr. Dulles this afternoon, and I hope I would
not be ruled out of order if I make a short declaration on behalf of
my own country.
Your statement, Mr. Chairman, if I may say so, was one of historic
importance. If it is thought, as it sometimes is, that the United
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Kingdom looks across the Channel more intensely in war than in
peacetime, that feeling certainly must have been removed by your
statement earlier this afternoon. To me it was all the more impressive
because I recognise that the source of the power and the glory of this
island has been its vision across the seas.
The statement of Mr. Dulles was also important, not only for the
development of European unity but for that larger Atlantic Com-
munity development with which we are all concerned. Indeed, as I
see it, European unity cannot be effectively secured unless the lines
not only across the Channel but across the Atlantic are strong and
unbroken. My country has a part to play in this Atlantic aspect of
the problem. Therefore we accept the continuing obligations arising
out of our membership of the North Atlantic Treaty Organization,
and we are resolved to continue to do our best to discharge them. The
disappearance of EDC does not, we think, affect those obligations,
because EDC-though we were indeed disappointed in its disappear-
ance--because EDC, as we saw it, was a means to an end and not an
end in itself. We are here to find an alternative method to accom-
plish the same purpose. That alternative method, that alternative
arrangement, must include the association of Germany not only with
the defence of Europe and-the West, but-and this is, I am sure,
equally important-with the development of the Atlantic Community;
an association to be brought about in such a way that the fears that
we have inherited from the unhappy past will be replaced by a. new
and better hope for the future.
So new methods are being discussed this week and new solutions
are being sought. As far as we are concerned, however, the North
Atlantic Treaty Organization remains the focal point of our partici-
pation in collective defence. and of our hope for the development of
closer co-operation with the.other peoples of the Atlantic, Community.
As such, it remains a foundation of Canadian foreign policy. Indeed,
enduring and whole-hearted support for NATO is for us a policy above
politics on which I think our friends can rely.
That support in defence matters is now worked out each year by
consultation through the appropriate, agencies of our .organization-
that is, NATO. Apart from mutual aid, it now takes the.form of
naval forces, an infantry brigade group, and an air division of 12 jet
fighter squadrons stationed in Europe. We will continue to assist in
the common defence through the existing NATO procedures until
better ones are agreed on. The presence of these, Canadian forces
on the European continent is not only a measure of our military con-
tribution to the common defence but an evidence of our belief in the
future of the North Atlantic Community.
While we emphasize, then, our belief in the North Atlantic Treaty
Organization, we welcome the proposed extension of the Brussels
Treaty. We shall look forward to a growing relationship within the
framework of NATO to the Brussels Treaty countries with whom we
are bound by such close ties.
We are sure, and I hope our confidence will be realized-I know it
will-that these new arrangements through Brussels can be developed
without weakening or diminishing NATO in any way in its essential
functions, because NATO, with Germany associated with it under
agreed arrangements, should, we think, be a stronger force than ever
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56 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
against war, and for the progressive development of the Atlantic
Community.
We are also certain, Mr. Chairman, that in this development the
United States, which has played such a magnificent, generous, and
indeed essential part, will continue to be able to do so. Mr. Dulles
has given us hope in that regard this afternoon.
We Canadians, being neighbours of the United States, know as well
as anybody else that that country does not fail to accept and to meet,
successfully, any great international challenge which faces it. We are
certain that in the days ahead it will continue to meet the challenge
of assisting in the development of European unity and the Atlantic
Community-and the two go together.
The work, then, which we are doing this week must, in order to suc-
ceed, make possible the continued contribution of the United States
to these great objectives. If that is done, and I know it is going to
be done, it will also, I assure you, make it much easier for my own
country to continue to do its share.
ANNEX
CONFERENCE PAPER ON A GERMAN DEFENCE CONTRIBUTION AND
ARRANGEMENTS To APPLY TO SACEUR'S FORCES ON THE CONTI-
NENT
The nine Governments represented at the London Conference agree
to instruct representatives to draw up in Paris, in concert with the
military and civilian agencies of NATO through the Secretary General,
detailed proposals, for approval by the North Atlantic Council, for
a German defence contribution and arrangements to be applied to
SACEUR's forces on the Continent. These detailed proposals shall
be based on the following principles agreed between the nine Govern-
ments:
1. (a) The seven Brussels Treaty Powers will conclude a special
agreement setting out the forces each of them will place under
SACEUR on the Continent.
(b) The'German contribution,shall conform in size and general
characteristics to the contribution fixed for the EDC brought up
to date and adapted as necessary to make it suitable for NATO.
(c) The terms of this special agreement will be agreed with the
other NATO countries.
(d) If at any time the NATO Annual Review recommends an
increase above the figures in the Brussels Special Agreement such
increase will require the unanimous approval of the Brussels
Powers expressed in the Brussels Council or in NATO.
(e) The Brussels Powers will ask that arrangements be made
for SACEUR to designate a high-ranking officer who will be
instructed to transmit regularly to the Brussels Treaty Organi-
sation information acquired as indicated in 3 (f) below in order to
permit that Organisation to establish that the figures agreed
among the Brussels Powers are being observed.
2. All forces of NATO countries stationed on the Continent of
Europe shall be placed under the authority of SACEUR, with the
exception of the forces which NATO has recognised or wi.Ll
recognise as suitable to remain under national command. The
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strength and armaments on the Continent of the internal defence
forces and of the police belonging to the members of the Brussels
Treaty Organisation shall be fixed by agreements made within
this Organisation, taking into account the task for which they
are intended and on the basis of existing levels and needs.
3. Arrangements to apply to SACEUR's forces:
(a) Forces placed under SACEUR on the Continent shall be
deployed in accordance with NATO strategy.
(b) The location of such forces shall be determined by SACEUR,
after consultation and agreement with the national authorities
concerned.
(c) Such forces shall not be redeployed on the Continent nor
used operationally on the Continent without his consent subject
to appropriate political guidance from the North Atlantic Council.
(d) Forces placed under SACEUR on the Continent shall be
integrated as far as possible consistent with military efficiency.
(e) Arrangements shall be made for the closer co-ordination of
? logistics by SACEUR.
(f) the level and effectiveness of forces placed under SACEUR
on the Continent and the armaments, equipment, logistics and
reserve formations of those forces on the Continent shall be in-
spected by SACEUR.
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DOCUMENTS RELATING TO THE NORTH ATLANTIC TREATY
ORGANIZATION
RESOLUTIONTO IMPLEMENT SECTION IV OF THE FINAL
ACT OF THE LONDON CONFERENCE CONCERNING THE
POWERS OF THE SUPREME ALLIED COMMANDER,
EUROPE
THE NORTFI ATLANTIC COUNCIL:
1. Recognising the necessity of strengthening the structure of the
North Atlantic Treaty Organization and of reinforcing the machinery
for the collective defence of Europe, and desirous of specifying the
conditions governing joint examination of the defence effort of m.em-
ber countries,
2. Recalls that:
(a) the resources which member nations intend to devote to
their defence effort as well as the level, composition and quality
of the` forces which the member nations are contributing to the
defence of the North Atlantic area are each year subject to
collective examination in the NATO Annual Review for the
purpose of reaching agreement on force goals, taking into account
expected mutual aid;
(b) the defence expenditures incurred by the member nations
and the extent to which the recommendations emerging from the
Annual Review have been carried out are the subject of periodical
review during the year.
3. Agrees with the terms of the Agreement on Forces of Western
European Union; and that with respect to the forces which the mem-
bers of Western European Union will place under NATO Command
on the mainland of Europe and for which maximum figures have been
established in that Agreement, if at any time during the NATO
Annual Review recommendations are put forward, the effect of which
would be to increase the level of forces above the limits established. in
this Agreement, the acceptance by the country concerned of such
recommended increases shall be subject to unanimous approval by
the members of Western European Union, expressed either in the
Council of Western European Union or in the North Atlantic Treaty
Organization.
4. Decides that all forces of member nations stationed in the area
of the Allied Command Europe shall be placed under the authority
of the Supreme Allied Commander Europe or other appropriate
NATO Command and under the direction of the NATO military
authorities with the exception of those forces intended for the defence
of overseas territories and other forces which the North Atlantic
Treaty Organization has recognised or will recognise as suitable to
remain under national command.
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60 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
5. Invites member nations to make an initial report for considera-
tion and recognition by the Council on those forces which they plan
to maintain within the area of Allied Command Europe for the com-
mon defence, but not to place under the authority of the North Atlantic
Treaty Organization, taking into account the provisions of relevant
NATO directives bearing on that subject; the initial report will include
a broad statement of the reason for which the above forces are not
so placed. Thereafter, if any changes are proposed, the North Atlantic
Council action on the NATO Annual. Review will constitute recogni-
tion as to the suitability and size of forces to be placed under the
authority of the appropriate NATO Command and those to be re-
tained under national command.
6. Notes that the agreements concluded within the framework of
the Organization of Western European Union on the internal defence
and police forces, which the members of that Organization will main-
tain on the mainland shall be notified to the North Atlantic Council.
7. Agrees, in the interest of most effective collective defence, that
in respect of combat forces in the area of Allied Command Europe
and under the Supreme Allied Commander Europe;
(a) all deployments shall be in accordance with NATO strategy;
(b) the location of forces in accordance with NATO operational
plans shall be determined by the Supreme Allied Commander
Europe after consultation and agreement with the national aLn-
thorities concerned;
(c) forces under the Supreme Allied Commander Europe and
within the area of Allied Command Europe shall not be redeployed
or used operationally within that area without the consent of the
Supreme Allied Commander Europe, subject to political guidance
furnished by the North Atlantic Council, when appropriate,
through normal channels.
8. Decides That:
(a) integration of forces at Army Group and Tactical Air Force
level shall be maintained;
(b) in view of the powerful combat support units and logistic
support organization at Army level, integration at that level and
associated Air Force level will be the rule, wherever formations of
several nationalities are operating in the same area and on a com-
mon task, provided there are no overriding objections from the
point of view of military effectiveness;
(c) wherever military efficiency permits, in light of the size,
location and logistic support of forces, integration at lower levels,
both in the land and air forces, shall be achieved to the maximum
extent possible;
(d) proposals to the North Atlantic Council, indicating any
increases in commonly financed items of expenditure, such as
infrastructure which might be entailed by the adoption of such.
measures, should be submitted by the NATO military authorities,
9. Agrees that, in order to improve the capability of the Supreme
Allied Commander Europe to discharge his responsibilities in the de-
fence of Allied Command Europe, his responsibilities and powers for
the logistic support of the forces placed under his authority shall be
extended.
10. Considers that these increased responsibilities and powers
should include authority:
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 61
(a) to establish, in consultation with the national authorities
concerned, requirements for the provisions of logistic resources; 1
(b) to determine, in agreement with the national authorities
concerned, their geographic distribution;
(c) to establish, in consultation with these authorities, logistic
priorities for the raising, equipping and maintenance of units;
(d) to direct the utilisation, for meeting his requirements, of
those portions of the logistic support systems made available to
him by the appropriate authorities;
(e) to co-ordinate and supervise the use, for logistical pur-
poses, of NATO common infrastructure facilities and of those
national facilities made available to him by the national authori-
ties.
11. Agrees that, in order to ensure that adequate information is
obtained and made available to the appropriate authorities about the
forces placed under the Supreme Allied Commander Europe includ-
ing reserve formations and their logistic support within the area of
Allied Command Europe, the Supreme Allied Commander Europe
shall be granted increased authority to call for reports regarding the
level and effectiveness of such forces and their armaments, equipment
and supplies as well as the organization and location of their logistic
arrangements. He shall also make field inspections within that area
as necessary.
12. Invites nations to submit to the Supreme Allied Commander
Europe such reports to this end as he may call for from time to time;
and to assist inspection within the area of Allied Command Europe
by the Supreme Allied Commander Europe of these forces and their
logistic support arrangements as necessary.
13. Confirms that the powers exercised by the Supreme Allied
Commander Europe in peacetime extend not only to the organization
into an effective integrated force of the forces placed under him but
also to their training; that in this field, the Supreme Allied Com-
mander Europe has direct control over the higher training of all
national forces assigned to his command in peacetime; and that he
should receive facilities from member nations to inspect. the training
of those cadre and other forces within the area of Allied Command,
Europe earmarked for that Command.
14. Directs the NATO military authorities to arrange for the desig-.
nation by the Supreme Allied Commander Europe of a highranking
officer of his Command who will be authorised to transmit regularly
to the Council of Western European Union information relating to
the forces of the members of Western European Union on the main-
land of Europe acquired as a result of the reports and inspections
mentioned in paragraphs 11 and 12 in order to enable that Council
to establish that the limits laid down in the special agreement men-
tioned in paragraph 3 above are being observed.
15. Agrees that the expression "the area of Allied Command Eu-
rope" as used throughout this Resolution shall not include North
Africa; and that this Resolution does not alter the present status of
the United Kingdom and United States forces in the Mediterranean.
16. Directs the NATO Military Committee to initiate the necessary
changes in the directives to give effect to the above policies and ob-
jectives of the North Atlantic Council.
I By logistic resources should be understood all the materiel, supplies, installations and parts thereof
necessary for the prolonged conduct of combat operations.
42118-Ex. L and 8
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62 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
RESOLUTION ON RESULTS OF THE FOUR AND NINE
POWER MEETINGS
(Adopted by the North Atlantic Council on 22d October 1954)
THE NORTH ATLANTIC COUNCIL:
Recognising that all the arrangements arising out of the London
Conference form part of one general settlement which is directly er
indirectly of concern to all the NATO Powers and has therefore been
submitted to the Council for information or decision;
Have Learnt with satisfaction of the arrangements agreed between
the Governments of France, the United Kingdom and the United
States of America and of the Federal Republic of Germany for the
termination of the occupation regime in the Federal Republic as set
forth in the Protocol communicated to the Council;
Welcome the decision of the Brussels Treaty Powers to invite the
Federal Republic of Germany and Italy to accede to the Brussels.
Treaty as modified and completed by the Protocols and other docu-?
ments communicated to the Council, and hereby record their agree
wont with the provisions of those Protocols and documents insofar
as they concern action by the North Atlantic Treaty Organization;
Welcome the extension of the Brussels Treaty as an important step
toward the achievement of European unity; and express confiden,,e
that there will be the closest co-operation between the Western Euro-
pean Union and the North Atlantic Treaty Organization which re-
mains the foundation of the security and progress of the Atlantic
Community.
Take Note with satisfaction of the statements made on 29th Sep-
tember 1954 in London by the United States Secretary of State and
the Canadian Secretary of State for External Affairs, and of the
declaration by the Foreign Secretary of the United Kingdom con-
cerning the maintenance of United Kingdom forces on the continent
of Europe;
Finally,
Record their deep satisfaction at the happy conclusion of all the
above arrangements which together constitute a decisive step in forti-
fying the North Atlantic Alliance and uniting the Free World.
RESOLUTION OF ASSOCIATION WITH THE TRIPARTITE
DECLARATION OF OCTOBER 3, 1954
THE NORTH ATLANTIC COUNCIL,
Welcoming the declaration made in London by the Government of
the Federal Republic of Germany on 3rd October, 1954,* and the re-
lated declaration made on the same occasion by the Governments of
the United States of America, the United Kingdom of Great Britain
and Northern Ireland and the French Republic, *
Notes With Satisfaction that the representatives of the other Par-
ties to the North Atlantic Treaty have, on behalf of their Gove:rn-
m.en,ts, today associated themselves with the aforesaid declaration of
the Three Powers.
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DOCUMENTS RELATING TO THE BRUSSELS TREATY
PROTOCOL MODIFYING AND COMPLETING THE
BRUSSELS TREATY
Paris, October 23, 1954
His Majesty, The King of the Belgians, the President of the French
Republic, President of the French Union, Her Royal Highness the
Grand Duchess of Luxembourg, Her Majesty The Queen of the
Netherlands and Her Majesty The Queen of the United Kingdom of
Great Britain and Northern Ireland and of Her other Realms and
Territories, Head of the Commonwealth, Parties to the Treaty of
Economic, Social and Cultural Collaboration and Collective Self-
Defence, signed at Brussels on March the 17th, 1948, hereinafter
referred to as the Treaty, on the one hand,
and the President of the Federal Republic of Germany and the
President of the Italian Republic on the other hand,
Inspired by a common will to strengthen peace and security;
Desirous to this end of promoting the unity and of encouraging the
progressive integration of Europe;
Convinced that the accession of the Federal Republic of Germany
and the Italian Republic to the Treaty will represent a new and
substantial advance towards these aims;
Having taken into consideration the decisions of the London Con-
ference as set out in the Final Act of October the 3rd, 1954, and its
Annexes;
Have appointed as their Plenipotentiaries:-
His Majesty the King of the Belgians
His Excellency M. Paul-Henri Spaak, Minister of Foreign
Affairs.
The President of the French Republic, President of the French
Union
His Excellency M. Pierre Mendel-France, Prime Minister,
Minister of Foreign Affairs.
The President of the Federal Republic of Germany
His Excellency Dr. Konrad Adenauer, Federal Chancellor,
Federal Minister of Foreign Affairs.
The President of the Italian Republic
His Excellency M. Gaetano Martino, Minister of Foreign
Affairs.
Her Royal Highness the Grand Duchess of Luxembourg
His Excellency M. Joseph Bech, Prime Minister, Minister of
Foreign Affairs.
Her Majesty the Queen of the Netherlands
His Excellency M. Johan Willem Beyen, Minister of Foreign.
Affairs.
63
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64 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
Her Majesty The Queen of the United Kingdom of Great Britain
and Northern Ireland and of Her other Realms and Territories,
Head of the Commonwealth,
For the United Kingdom of Great Britain and Northern
Ireland
The Right Honourable Sir Anthony Eden, K. G., M. C.,
Member of Parliament, Principal Secretary of State
for Foreign Affairs.
Who, having exhibited their full powers found in good and due form,
Have agreed as follows:--
ARTICLE I
The Federal Republic of Germany and the Italian Republic hereby
accede to the Treaty as modified and completed by the present
Protocol.
The High Contracting Parties to the present Protocol consider the
Protocol on Forces of Western European Union (hereinafter referred
to as Protocol No. II), the Protocol on the Control of Armaments and
its Annexes (hereinafter referred to as Protocol No. III), and the
Protocol on the Agency of Western European Union for the Control
of Armaments (hereinafter referred to as Protocol No. IV) to be an
integral part of the present Protocol.
ARTICLE II
The sub-paragraph of the Preamble to the Treaty: "to take such
steps as may be held necessary in the event of renewal by Germany
of a policy of aggression" shall be modified to read: "to promote the
unity and to encourage the progressive integration of Europe."
The opening words of the 2nd paragraph of Article I shall read:
"The co-operation provided for in the preceding paragraph, which will
be effected through the Council referred to in Article VIII. . . ."
ARTICLE III
The following new Article shall be inserted in the Treaty as Article
IV:
"In the execution of the Treaty the High Contracting Parties and
any organs established by Them under the Treaty shall work in close
co-operation with the North Atlantic Treaty Organisation.
"Recognising the undesirability of duplicating the Military Staffs of
NATO, the Council and its agency will rely on the appropriate
Military Authorities of NATO for information and advice on
military matters."
Articles IV, V, VI and VII of the Treaty will become respectively
Articles V, VI, VII and VIII.
ARTICLE IV
"Article VIII of the Treaty (formerly Article VII) shall be modified
to read'as follows:-
"1. For the purposes of strengthening peace and security and of
promoting unity and of encouraging the progressive integration of
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 65
Europe and closer co-operation between Them and with other
European organisations, the High Contracting Parties to the Brussels
Treaty shall create a Council to consider matters concerning the
execution of this Treaty and of its Protocols and their Annexes.
"2. This Council shall be known as the "Council of Western
European Union"; it shall be so organised as to be able to exercise its
functions continuously; it shall set up such subsidiary bodies as may
be considered necessary: in particular it shall establish immediately
an Agency for the Control of Armaments whose functions are defined
in Protocol No. IV.
"3. At the request of any of the High Contracting Parties the
Council shall be immediately convened in order to permit Them to
consult with regard to any situation which may constitute a threat to
peace, in whatever area this threat should arise, or a danger to
economic stability.
"4. The Council shall decide by unanimous vote questions for
which no other voting procedure has been or may be agreed.
In the cases provided for in Protocols II, III and IV it will follow
the various voting procedures, unanimity, two-thirds majority,
simple majority, laid down therein. It will decide by simple
majority questions submitted to it by the Agency for the Control
of Armaments."
A new Article shall be inserted in the Treaty as Article IX: "The
Council of Western European Union shall make an Annual Report
on its activities and in particular concerning the control of arma-
ments to an Assembly composed of representatives of the Brussels
Treaty Powers to the Consultative Assembly of the Council of Europe."
The Articles VIII, IX and X of the Treaty shall become respectively
Articles X, XI and XII.
ARTICLE VI
The present Protocol and the other Protocols listed in Article I
above shall be ratified and the instruments of ratification shall be
deposited as soon as possible with the Belgian Government.
They shall enter into force when all instruments of ratification of
the present Protocol have been deposited with the Belgian Govern-
ment and the instrument of accession of the Federal Republic of
Germany to the North Atlantic Treaty has been deposited with the
Government of the United States of America.
The Belgian Government shall inform the Governments of the
other High Contracting Parties and the Government of the United
States of America of the deposit of each instrument of ratification.
IN WITNESS WHEREOF the above-mentioned Plenipotentiaries have
signed the present Protocol and have affixed thereto their seals.
Done at Paris this 23rd day of October, 1954, in two texts, in the
English and French languages, each text being equally authoritative
in a single copy which shall remain deposited in the archives of the
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66 PROTOCOLS ON THE FEDERAL REPUVtIC OF GERMANY
Belgian Government and of which certified copies shall be transmitted
by that Government to each of the other Signatories.
For Belgium:
[L. S.] P.-H. SPAAK.
For France:
[L. 8.1 MENDhs-FRANCE.
For the Federal Republic of Germany:
[L. S.] ADENAUER.
For Italy:
~L. s.] G. MARTINO.
For Luxembourg:
[L. S.] Jos. BECH.
For the Netherlands:
CL. S.] J. W. BEYEN.
For the United Kingdom of Great Britain and Northern Ireland:
(L. s.] ANTHONY EDEN.
PROTOCOL NO. II ON FORCES. OF WESTERN EUROPEAN
UNION
Paris, October 28, 1954
His Majesty the King of the Belgians, the President of the French
Republic, President of the French Union, the President of the Federal
Republic of Germany, the President of the Italian Republic, Her Royal
Highness the Grand Duchess of Luxembourg, Her Majesty the Queen
of the Netherlands, and Her Majesty The Queen of the United King-
dom of Great Britain and Northern Ireland and of Her other Realms
and Territories, Head of the Commonwealth, Signatories of the Prot,~)-
col Modifying and Completing the Brussels Treaty,
Having consulted the North Atlantic Council,
Have appointed as their Plenipotentiaries:-
His Majesty the King of the Belgians
His Excellency M. Paul-Henri Spaak, Minister of Foreign
Affairs.
The President of the French Republic, President of the French
Union
His Excellency M. Pierre Mendes-France, Prime Minister,
Minister of Foreign Affairs.
The President of the Federal Republic of Germany
His Excellency Dr. Konrad Adenauer, Federal Chancellor,
Federal Minister of Foreign Affairs.
The President of the Italian Republic
His Excellency M. Gaetano Martino, Minister of Foreign
Affairs.
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 67
Her Royal Highness the Grand Duchess of Luxembourg
His Excellency M. Joseph Bech, Prime Minister, Minister of
Foreign Affairs.
Her Majesty the Queen of the Netherlands
His Excellency M. Johan Willem Beyen, Minister of Foreign
Affairs.
Her Majesty The Queen of the United Kingdom of Great Britain
and Northern Ireland and of Her other Realms and Territories,
Head of the Commonwealth,
For the United Kingdom of Great Britain and Northern
Ireland
The Right Honourable Sir Anthony Eden, K. G., M. C.,
Member of Parliament, Principal Secretary of State
for Foreign Affairs.
Have agreed as follows:-
1. The land and air forces which each of the High Contracting
Parties to the present Protocol shall place under the Supreme Allied
Commander, Europe, in peace-time on the mainland of Europe shall
not exceed in total strength and number of formations:
(a) for Belgium, France, the Federal Republic of Germany,
Italy and the Netherlands, the maxima laid down for peace-time
in the Special Agreement annexed to the Treaty on the Establish-
ment of a European Defence Community signed at Paris, on May
27, 1952; and
(b) for the United Kingdom, four divisions and the Second
Tactical Air Force;
(c) for Luxembourg, one regimental combat team.
2. The number of formations mentioned in paragraph 1 may be
brought up to date and adapted as necessary to make them suitable
for the North Atlantic Treaty Organisation, provided that the equiva-
lent fighting capacity and total strengths are not exceeded.
3. The statement of these maxima does not commit any of the High
Contractinp- Parties to build up or maintain forces at these levels, but
maintains their right to do so if required.
ARTICLE 2
As regards naval forces, the contribution to N. A. T. O. Commands
of each of the High Contracting Parties to the present Protocol shall
be determined each year in the course of the Annual Review (which
takes into account the recommendations of the N. A. T. O. military
authorities). The naval forces of the Federal Republic of Germany
shall consist of the vessels and formations necessary for the defensive
missions assigned to it by the North Atlantic Treaty Organisation
within the limits laid down in the Special Agreement mentioned in
Article 1, or equivalent fighting capacity.
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68 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
If at any time during the Annual Review recommendations are put
forward, the effect of which would be to increase the level of forces
above the limits specified in Articles 1 and 2, the acceptance by the
country concerned of such recommended increases shall be subject to
the unanimous approval of the High Contracting Parties to the preser.Lt
Protocol expressed either in the Council of Western European Union
or in the North Atlantic Treaty Organisation.
In order that it may establish that the limits specified in Articles 1
and 2 are being observed, the Council of Western European Union will
regularly receive information acquired as a result of inspections carried
out by the Supreme Allied Commander, Europe. Such informatics
will be transmitted by a high-ranking officer designated for the pur-
pose by the Supreme Allied Commander, Europe.
The strength and armaments of the internal defence and police forces
on the mainland of Europe of the High Contracting Parties to the
present Protocol shall be fixed xed by agreements within the Organisation
of Western European Union, having regard to their proper functions
and needs and to their existing levels.
ARTICLE S
Her Majesty The Queen of the United Kingdom of Great Britain
and Northern Ireland will continue to maintain on the mainland of
Europe, including Germany, the effective strength of the United
Kingdom forces which are now assigned to the Supreme Allied Cora-
mander, Europe, that is to say, four divisions and the Second Tactical
Air Force, or such other forces as the Supreme Allied Commander,
Europe, regards as having equivalent fighting capacity. Her Majesty
undertakes not to withdraw these forces against the wishes of the
majority of the High Contracting Parties who should take their
decision in the knowledge of the views of the Supreme Allied Com-
mander, Europe. This undertaking shall not, however, bind Her
Majesty in the event of an acute overseas emergency. If the mainte-
nance of the United Kingdom forces on the mainland of Europe throws
at any time too great a strain on the external finances of the Unit,-,d
Kingdom, Her Majesty will, through Her Government in the United
Kingdom of Great Britain and Northern Ireland, invite the North
Atlantic Council to review the financial conditions on which tie
United Kingdom formations are maintained.
IN WITNESS WHEREOF, the above-mentioned Plenipotentiaries have
signed the present Protocol, being one of the Protocols listed in
Article 1 of the Protocol Modifying and Completing the Treaty, and
have affixed thereto their seals.
Done at Paris this 23rd day of October, 1954, in two texts in the
English and French languages, each text being equally authoritative,
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PROTOCOLS ON TFIE FEDERAL REPUBLIC OF GERMANY 69
in a single copy, which shall remain deposited in the archives of the
Belgian Government and of which certified copies shall be transmitted
by that Government to each of the other Signatories.
For Belgium:
[L.s.] P.-H. SPAAK.
For France:
[L.S.] MENDES-FRANCE.
For the Federal Republic of Germany:
[L.s.] ADENAUER.
For Italy:
[L.S.I G. MARTINO.
For Luxembourg:
[L.S.I Jos. BECH.
For the Netherlands:
[L.S.] J. W. BEYEN.
For the United Kingdom of Great Britain and Northern Ireland:
[L.S.] ANTHONY EDEN,
PROTOCOL NO. III ON THE CONTROL OF ARMAMENTS
His Majesty the King of the Belgians, the President of the French
Republic, President of the French Union, the President of the Federal
Republic of Germany, the President of the Italian Republic, Her
Royal Highness the Grand Duchess of Luxembourg, Her Majesty
the Queen of the Netherlands, Her Majesty the Queen of the United
Kingdom of Great Britain and Northern Ireland and of Her other
Realms and. Territories, Head of the Commonwealth, Signatories of
the Protocol Modifying and Completing the Brussels Treaty.
Have appointed as their plenipotentiaries:-
His Majesty the King of the Belgians
His Excellency M. Paul-Henri Spaak, Minister of Foreign
Affairs.
The President of the French Republic, President of the French
Union
His Excellency M. Pierre Mendes-France, Prime Minister,
Minister of Foreign Affairs.
The President of the Federal Republic of Germany
His Excellency Dr. Konrad Adenauer, Federal Chancellor,
Federal Minister of Foreign Affairs.
The President of the Italian Republic
His Excellency M. Gaetano Martino, Minister of Foreign
Affairs.
Her Royal Highness the Grand Duchess of Luxembourg
His Excellency M. Joseph Bech, Prime Minister, Minister
of Foreign Affairs.
Her Majesty the Queen of the Netherlands
His Excellency M. Johan Willem Beycn, Minister of Foreign
Affairs.
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70 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
Her Mai Majesty The Queen of the United Kingdom of Great Britain
and orthern Ireland and of Her other Realms and Territories,
Head of the Commonwealth,
For the United Kingdom of Great Britain and Northern
Ireland
The Right Honourable Sir Anthony Eden, K. G., M. C.,
Member of Parliament, Principal Secretary of State
for Foreign Affairs.
Have agreed as follows:-
PART 1.-ARMAMENTS NOT To BE MANUFACTURED
ARTICLE 1
The High Contracting Parties, members of Western European
Union, take note of and record their agreement with the Declaration
of the Chancellor of the Federal Republic of Germany (made in
London on October 3, 1954, and annexed hereto as Annex I) in which
the Federal Republic of Germany undertook not to manufacture is i
its territory atomic, biological and chemical weapons. The types cf
armaments referred 'to in this Article are defined in Annex II. These
armaments shall be more closely defined and the definitions brought
up to date by the Council of Western European Union.
ARTICLE 2
The High Contracting Parties, members of Western European
Union, also take note of and record their agreement with the under-
taking given by the Chancellor of the Federal Republic of Germany
in the same Declaration that certain further types of armaments will
not be manufactured in the territory of the Federal Republic of
Germany, except that if in accordance with the needs of the armed
forces a recommendation for an amendment to, or cancellation of,
the content of the list of these armaments is made by the competent
Supreme Commander of the North Atlantic Treaty Organisation,
and if the Government of the Federal Republic of Germany submit arequest accordingly, such an amendment or cancellation may be made
by a resolution of the Council of Western European Union passed
by a two-thirds majority. The types of armaments referred to In
this Article are listed in Annex III.
PART II.-ARMAMENTS TO BE CONTROLLED
ARTICLE 8
When the development of atomic, biological and chemical weapons
in the territory on the mainland of Europe of the High Contracting
Parties who have not given up the right to produce them has passed
the experimental stage and effective production of them has started
there, the level of stocks that the High Contracting Parties concerned
will be allowed to hold on the mainland of Europe shall be decid.-d
by a majority vote of the Council of Western European Union.
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 71
Without prejudice to the foregoing Articles, the types of armaments
listed in Annex IV will be controlled to the extent and in the manner
laid down in Protocol No. IV.
ARTICLE 5
The Council of Western European Union may vary the list in
Annex IV by unanimous decision.
IN WITNESS WHEREOF, the above-mentioned Plenipotentiaries have
signed the present Protocol, being one of the Protocols listed in Article
I of the Protocol Modifying and Completing the Treaty and have
affixed thereto their seals.
Done at Paris on the 23rd day of October 1954, in two texts, in the
English and French languages, each text being equally authoritative,
in a single copy, which shall remain deposited in the archives of the
Belgian Government and of which certified copies shall be transmitted
by that Government to each of the other Signatories.
For Belgium:
[L. s.] P.-H. SPAAI{.
For France: .
[L. S.] MENDS-FRANCE.
For the Federal Republic of Germany:
[L. s.] ADENAUER.
For Italy:
[L. S.] G. MARTINO.
For Luxembourg:
[L. S] Jos. BECH.
For the Netherlands:
[L. s.] J. W. BEYEN.
For the United Kingdom of Great Britain and Northern Ireland:
[L. s.] ANTHONY EDEN.
ANNEX I
The Federal Chancellor declares:
that the Federal Republic undertakes not to manufacture in
its territory any atomic weapons, chemical weapons or biological
weapons, as detailed in paragraphs I, II and III of the attached
list; 1
that it undertakes further not to manufacture in its territory
such weapons as those detailed in paragraphs IV, V and VI of
the attached list.2 Any amendment to or cancellation of the
substance of paragraphs IV, V and VI can, on the request of the
Federal Republic, be carried out by a resolution of the Brussels
Council of Ministers by a two-thirdsmajority, if in accordance
I Reproduced in Annex II.
2 Reproduced In Annex III.
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72 PROTOCOLS ON THE FEDERAL REPU$LIC OF GERMANY
with the needs of the armed forces a request is made by the
competent Supreme Commander of the North Atlantic Treaty
Organisation;
that the Federal Republic agrees to supervision by the com-
petent authority of the Brussels Treaty Organisation to ensure
that these undertakings are observed.
ANNEX II
This list comprises the weapons defined in paragraphs T. to III and
the factories earmarked solely for their production. All apparatus,
parts, equipment, installations, substances and organisms, which are
used for civilian purposes or for scientific, medical and industri~.1
research in the fields of pure and applied science shall be excluded
from this definition.
I.-Atomic Weapons
(a) An atomic weapon is defined as any weapon which contains, or
is designed to contain or utilise, nuclear fuel or radioactive isotopes
and which, by explosion or other uncontrolled nuclear transformation
oof the nuclear fuel, or by radioactivity of the nuclear fuel or radio-
active isotopes, is capable of mass destruction, mass injury or mass
poisoning.
(b) Furthermore, any part, device, assembly or material especially
designed for, or primarily useful in, any weapon as set forth under
paragraph (a), shall be deemed to be an atomic weapon.
(c) Nuclear fuel as used in the preceding definition includes plu-
tonium, Uranium 233, Uranium. 235 (including Uranium 235 con-
tained in Uranium enriched to over 2.1 per cent. by weight of Uranium
235) and any other material capable of releasing substantial quan-
tities of atomic energy through nuclear fission or fusion or other
nuclear reaction of the material. The foregoing materials shall he
considered to be nuclear fuel regardless of the chemical or physical
form in which they exist.
II.-Chemical Weapons
(a) A chemical weapon is defined as any equipment or apparatus
expressly designed to use, for military purposes, the asphyxiating,
toxic, irritant, paralysant, growth-regulating, anti-lubricating or
catalysing properties of any chemical substance.
(b) Subject to the provisions of paragraph (c), chemical substances,
having such properties and capable of being used in the equipment or
apparatus referred to in paragraph (a), shall be deemed to be included
in this definition.
(c) Such apparatus and such quantities of the chemical substances
as are referred to in paragraphs (a) and (b) which do not exceed peacefil
civilian requirements shall be deemed to be excluded from th'
definition.
III, Biological Weapons
(a) A biological weapon is defined as any equipment or apparatus
expressly designed to use, for military purposes, harmful insects or
Other living or dead organisms, or their toxic products.
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(b) Subject to the provisions of paragraph (c), insects, organisms
and their toxic products of such nature and in such amounts as to
make them capable of being used in the equipment or apparatus
referred to in (a) shall be deemed to be included in this definition.
(c) Such equipment or apparatus and such quantities of the insects,
organisms and their toxic products as are referred to in paragraphs (a)
and (b) which do not exceed peaceful civilian requirements shall be
deemed to be excluded from the definition of biological weapons.
ANNEX III
This list comprises the weapons defined in paragraphs IV to VI and
the factories earmarked solely for their production. All apparatus,
parts, equipment, installations, substances and organisms, which are
used for civilian purposes or for scientific, medical and industrial
research in, the fields of pure and applied science shall be excluded from.
this definition.
IV. Long-range Missiles, Guided Missiles and Influence Mines
(a) Subject to the provisions of paragraph (d), long-range missiles
and guided missiles are defined as missiles such that the speed or
direction of motion can be influenced after the instant of launching
by a device or mechanism inside or outside the missile, including
V-type weapons developed in the recent war and subsequent modifi-
cations thereof. Combustion is considered as a mechanism which
may influence the speed.
(b) Subject to the provisions of paragraph (d), influence mines are
defined as naval mines which can be exploded automatically by
influences which emanate solely from external sources, including
influence mines developed in the recent war and subsequent modifica-
tions thereof.
(e) Parts, devices, or assemblies specially designed for use in or with
the weapons referred to in paragraphs (a) and (b) shall be deemed to
be included in this definition.
(d) Proximity fuses, and short-range guided missiles for anti-
aircraft defence with the following maximum characteristics are
regarded as excluded from this definition:-
Length, 2 metres;
Diameter, 30 centimetres;
Speed, 660 metres per second;
Ground range, 32 kilometres;
Weight of war-head, 22.5 kilogrammes.
V.-Warships, with the exception of smaller ships for defence purposes
"Warships, with the exception of smaller ships for defence purposes,
are:
(a) Warships of more than 3,000 tons displacement;
(b) Submarines of more than 350 tons displacement;,
(c) All warships which are driven by means other than steam,
Diesel or petrol engines or by gas turbines or by jet engines,"
VI.-Bomber aircraft for strategic purposes
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74 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
1,-(a) Atomic,
(b) biological, and
(c) chemical weapons.
In accordance with definitions to be approved by the Council of
Western European Union as indicated in Article I of the present
Protocol.
2. All guns, howitzers and mortars of any types and of any roles of
more than 90-mm. calibre, including the following component for these
weapons, viz, the elevating mass.
3. All guided missiles.
Definition.-Guided missiles are such that the speed or direction
or motion can be influenced after the instant of launching by a
device or mechanism inside or outside the missile; these include
V-type weapons developed in the recent war and modifications
thereto. Combustion is considered as a mechanism which may
influence the speed.
4, Other self-propelled missiles of a weight exceeding 15 kilogrammes
in working order.
5. Mines of all types except anti-tank and anti-personnel mines.
6, Tanks, including the following component parts for these tanks,
Viz:-
(a) the elevating mass;
(b) turret castings and/or plate assembly.
7. Other armoured fighting vehicles of an overall weight of more
than 10 metric tons.
8.-(a) Warships over 1,500 tons displacement;
(b) submarines;
(c) all warships powered by means other than steam, Diesel or
petrol engines or gas turbines;
(d) small craft capable of a speed of over 30 knots, equipped
with offensive armament.
9. Aircraft bombs of more than 1,000 kilogrammes.
10. Ammunition for the weapons described in paragraph 2 above.
11.-(a) Complete military aircraft other than-
(i) all training aircraft except operational types used
for training purposes;
(ii) military transport and communication aircraft;
(iii) helicopters,
(b) air frames, specifically and exclusively designed for military
aircraft except those at (i), (ii) and (iii) above;
(c) jet engines, turbo-propeller engines and rocket motors,
when these are the principal motive power.
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 75
PROTOCOL NO. IV ON THE AGENCY OF WESTERN EURO-
PEAN UNION FOR THE CONTROL OF ARMAMENTS
Paris, October 23, 1954
His Majesty the King of the Belgians, the President of the French
Republic, President of the French Union, the President of the Federal
Republic of Germany, the President of the Italian Republic, Her
Royal Highness the Grand Duchess of Luxembourg, Her Majesty the
Queen of the Netherlands, Her Majesty The Queen of the United
Kingdom of Great Britain and Northern Ireland and of Her other
Realms and Territories, Head of the Commonwealth, Signatories of
the Protocol Modifying and Completing the Brussels Treaty,
Having agreed in accordance with Article IV of the Protocol Modi-
fying and Completing the Treaty, to establish an Agency for the
Control of Armaments,
Have appointed as their plenipotentiaries:-
His Majesty the King of the Belgians
His Excellency M. Paul-Henri Spaak, Minister of Foreign
Affairs.
The President of the French Republic, President of the French
Union
His Excellency M. Pierre Mendes-France, Prime Minister,
Minister of Foreign Affairs.
The President of the Federal Republic of Germany
His Excellency Dr. Konrad Adenauer, Federal Chancellor,
Federal Minister of Foreign Affairs.
The President of the Italian Republic
His Excellency M. Gaetano Martino, Minister of Foreign
Affairs.
Her Royal Highness the Grand Duchess of Luxembourg
His Excellency M. Joseph Bech, Prime Minister, Minister of
Foreign Affairs.
Her Majesty the Queen of the Netherlands
His Excellency M. Johan Willem Beyen, Minister of Foreign
Affairs.
Her Majesty The Queen of the United Kingdom of Great Britain
and Northern Ireland and of Her other Realms and Territories,
Head of the Commonwealth,
T1___ l_ TT__*l_ 1 T2-'___.1___ _l r7___1 __a TT.._L7-
The Right Honourable Sir Anthony Eden, K. G.,
M. C., Member of Parliament, Principal Secretary
of State for Foreign Affairs.
Have agreed as follows:-
PART I.-CONSTITUTION
The Agency for the Control of Armaments (hereinafter referred to as
"the Agency") shall be responsible to the Council of Western European
Union (hereinafter referred to as "the Council"). It shall consist of a
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76 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
Director assisted by a Deputy Director, and supported by a staff drawn
equitably from nationals of the High Contracting Parties, Members of
Western European Union.
The Director and his staff, including any officials who may be put at
the disposal of the Agency by States Members, shall be subject to tf,e
general administrative control of the Secretary-General of Western
European Union.
The Director shall be appointed by unanimous decision of the
Council for a period of five years and shall not be eligible for re-
appointment. He shall be responsible for the selection of his staff
in accordance with the principle mentioned in Article 1 and in con-
sultation with the individual States Members concerned. Before
filling the posts of Deputy Director and of the Heads of Departments
of the Agency, the * Director shall obtain from the Council approv i1
of the persons to be appointed.
1. The Director shall submit to the Council, through the Secretary-
General, a plan for the organisation of the Agency. The organisation
should provide for departments dealing respectively with-
(a) the examination of statistical and budgetary information
to be obtained from the members of Western European Union
and from the appropriate N. A. T. O. authorities;
(b) inspections, test checks and visits;
(c) administration.
2. The organisation may be modified by decision of the Council.
The costs of maintaining the Agency shall appear in the budget of
Western European Union. The Director shall submit, through the
Secretary-General, to the Council an annual estimate of these costs.
Officials of the Agency shall be bound by the full N. A. T. O. code of
security. They shall in no circumstances- reveal information obtained
in connexion with the execution of their official tasks except and only
in the performance of their duties towards the Agency.
1. The tasks of the Agency shall be---
(a) to satisfy itself that the undertakings set out in Protocol
No. III not to manufacture certain types of armaments mentioned
in Annexes II and III to that Protocol are being observed;
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 7
(b) to control, in accordance with Part III of the present Proto-
col, the level of stocks of armaments of the types mentioned in
Annex IV to Protocol No. III held by each member of Western
European Union on the mainland of Europe. This control shall
extend to production and imports to the extent required to make
the control of stocks effective.
2. For the purposes mentioned in paragraph 1 of this Article, the
Agency shall--
(a) scrutinise statistical and budgetary information supplied by
members of Western European Union and by the N. A. T. 0.
authorities ;
(b) undertake on the mainland of Europe test checks, visits and
inspections at production plants, depots and forces (other than
depots or forces under N. A. T. 0. authority);
(c) report to the Council.
ARTICLE 8
With respect to forces and depots under N. A. T. 0. authority, test
checks, visits and inspections shall be undertaken by the appropriate
authorities of the North Atlantic Treaty Organisation. In the case of
the forces and depots under the Supreme Allied Commander, Europe,
the Agency shall receive notification of the information supplied to
the Council through the medium of the high-ranking officer to be
designated by him.
The operations of the Agency shall be confined to the mainland of
Europe.
The Agency shall direct its attention to the production of end-items.
and components listed in Annexes II, III and IV of Protocol No. III,
and not to processes. It shall ensure that materials and products.
destined for civilian use are excluded from its operations.
Inspections by the Agency shall not be of a routine character, but
shall be in.the nature of tests carried out at regular intervals. Such
inspections shall be conducted in a spirit of harmony and co-operation.
The Director shall propose to the Council detailed regulations for the
conduct of the inspections providing, inter alia, for due process of law
in respect of private interests.
ARTICLE 12
For their test checks, visits and inspections the members of tire,
Agency shall be accorded free access on demand to plants and depots,
and the relevant accounts and documents shall be made available to
them. The Agency and national authorities shall co-operate in such
checks and inspections, and in particular national authorities may, at
their own request, take part in them
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
1. Each member of Western European Union shall, in respect of i-:s
forces under N. A. T. O. authority stationed on the mainland of Europ
furnish annually to the Agency statements of:-
(a) the total quantities of armaments of the types mentioned in
Annex IV to Protocol No. III required in relation to its
forces;
(b) the quantities of such armaments currently held at the be-
ginning of the control years;
(c) the programmes for attaining the total quantities men-
tioned in (a) by:-
(i) manufacture in its own territory;
(ii) purchase from another country;
(iii) end-item aid from another country.
2. Such statements shall also be furnished by each member of West-
ern European Union in respect of its internal defence and police forces
and its other forces under national control stationed on the mainland
of Europe including a statement of stocks held there for its forces
stationed overseas.
3. The statements shall be correlated with the relevant submissions
to the North Atlantic Treaty Organisation.
As regards the forces under N. A. T. O. authority, the Agency shall
verify in consultation with the appropriate N. A. T. O. authorities that
the total quantities stated under Article 13 are consistent with the
quantities recognised as required by the units of the members con-
cerned under N. A. T. O. authority, and with the conclusions and data
recorded in the documents approved by the North Atlantic Council
in connexion with the N. A. T. O. Annual Review.
As regards internal defence and police forces, the total quantities
of their armaments to be accepted as appropriate by the Agency shawl
be those notified by the members, provided that they remain within
the limits laid down in the further agreements to be concluded by the
members of Western European Union on the strength and armaments
of the internal defence and police forces on the mainland of Europe.
As regards other forces remaining under national control, the total
quantities of their armaments to be accepted as appropriate by the
Agency shall be those notified to the Agency by the members.
The figures furnished by members for the total quantities of arma-
ments under Articles 15 and 16 shall correspond to the size and mission
of the forces. concerned.
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 79
The provisions of Articles 14 and 17 shall not apply to the High
Contracting Parties and to the categories of weapons covered in
Article 3 of Protocol No. III. Stocks of the weapons in question shall
be determined in conformity with the procedure laid down in that
Article and shall be notified to the Agency by the Council of the
Western European Union.
The figures obtained by the Agency under Articles 14, 15, 16 and
18 shall be reported to the Council as appropriate levels for the current
control year for the members of Western European Union. Any
discrepancies between the figures stated under Article 13, paragraph 1,
and the quantities recognised under Article 14 will also be reported.
1. The Agency shall immediately report to the Council if inspection,
or information from other sources, reveals:-
(a) the manufacture of armaments of a type which the member
concerned has undertaken not to manufacture:
(b) the existence of stocks of armaments in excess of the figures
and quantities ascertained in accordance with Articles 19 and 22.
2. If the Council is satisfied that the infraction reported by the
Agency is not of major importance and can be remedied by prompt
local action, it will so inform the Agency and the member concerned,
who will take the necessary steps.
3. In the case of other infractions, the Council will invite the mem-
ber concerned to provide the necessary explanation within a period to
be determined by the Council; if this explanation is considered un-
satisfactory, the Council will take the measures which it deems neces-
sary in accordance with a procedure to be determined.
4. Decisions of the Council under this Article will be taken by
majority vote.
ARTICLE 21
Each member shall notify to the Agency the names and locations
of the depots on the mainland of Europe containing armaments sub-
ject to control and of the plants on the mainland of Europe manu-
facturing such armaments, or, even though not in operation, specifi-
cally intended for the manufacture of such armaments,
Each member of Western European Union shall keep the Agency
informed of the quantities of armaments of the types mentioned in
.Annex IV to Protocol No. III, which are to be exported from its
territory on the mainland of Europe. The Agency shah be entitled
to satisfy itself that the armaments concerned are in fact exported.
If the level of stocks of any item subject to control appears abnormal,
the Agency shall further be entitled to enquire into the orders for
export.
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gQ PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
ARTICLE 23
The Council shall transmit to the Agency information received
from the Governments of the United States of America and Canada
respecting military aid to be furnished to the forces on the mainland
of Europe of members of Western European Union.
IN WITNESS WHEREOF, the above-mentioned Plenipotentiaries have
signed the present Protocol, being one of the Protocols listed in Article
I of the Protocol Modifying and Completing the Treaty, and have
affixed thereto their seals.
Done at Paris this 23rd day of October, 1954, in two texts, in the
English and French languages, each text being equally authoritative,
in a single copy, which shall remain deposited in the archives of the
Belgian Government and of which certified copies shall be transmitted
by that Government to each of the other Signatories.
For Belgium:
[L. S.] P.-H. SPAAK.
For France:
[L. S.] MENDES-FRANCE.
For the Federal Republic of Germany:
[L. s.] ADENATJER.
For Italy:
[L. s.] G. MARTINO.
For Luxembourg:
[L. S.] Jos. BECH.
For the Netherlands:
[L. S.] J. W. BEYEN.
For the United Kingdom of Great Britain and Northern Ireland-
[L. s.] ANTHONY EDEN.
LETTERS WITH REFERENCE TO THE JURISDICTION OF
THE INTERNATIONAL COURT OF JUSTICE FROM,
RESPECTIVELY, THE GOVERNMENTS OF THE FED-
ERAL REPUBLIC AND OF ITALY TO THE OTHER
GOVERNMENTS SIGNATORY OF THE PROTOCOL MOD-
IFYING AND COMPLETING THE BRUSSELS TREATY'
I have the honour to make the following communication to Your
Excellency in order to place on record the undertaking of the Federt1/
Italian Government regarding the application and interpretation of
Article X (formerly Article VIII), of the Brussels Treaty.
The Federal/Italian Government undertake, before the Protocol
modifying and completing the Brussels Treaty and the related Proto-
cols and their Annexes are ratified by the High Contracting Parties,
I The texts printed below contain the substance of the exchange of letters between the Governments of
Italy and the Federal Republic of Germany on the one band and the Governments of France, Belgium,
the Netherlands, Luxembourg, and the 'United Kingdom on the other.
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 81I
to declare their acceptance of the compulsory jurisdiction of the
International Court of Justice in accordance with Article X (formerly
Article VIII:) of the Treaty, having made known to the Parties the
reservations accompanying their acceptance.
The Federal/Italian Government understand that, in the view of
the other High Contracting Parties, paragraph 5 of Article X (for-
merly Article VIII) of the Treaty leaves the way open for concluding
agreements on other means of settling disputes between Them, and
that the undertaking in question shall in no way prejudice the possi-
bility of opening discussions immediately with a view to establishing
other methods of settling possible disputes in the application or
interpretation of the Treaty.
[In the Federal Government's letter only]
Moreover, in the opinion of the Federal Government, the widening
,of the Brussels Treaty may give rise to a number of doubts and dis-
putes as to the interpretation and application of the Treaty, the
Protocols and their Annexes, which may not be of fundamental im-
portance but mainly of a technical nature. The Federal Government
consider that it is desirable to establish another, simpler procedure
for the settlement of such matters.
The Federal Government therefore propose that the High Con-
tracting Parties should discuss the problems set out above at once,
with a view to reaching agreement on an appropriate procedure.
[In letters from both Federal and Italian Governments]
I should be grateful if Your Excellency would confirm that [the
Government concerned] agree with this letter. The exchange of letters
thus effected will be considered as an Annex to the Protocol modifying
and completing the Brussels Treaty, within the meaning of Article IV,
paragraph 1, of the said Protocol.
REPLY TO THE LETTERS FROM THE GOVERNMENTS OF
THE FEDERAL REPUBLIC AND OF ITALY TO THE OTHER
GOVERNMENTS SIGNATORY OF TILE PROTOCOL MODI-
FYING AND COMPLETING THE BRUSSELS TREATY
I have the 'honour to acknowledge receipt of Your Excellency's
communication of ..... (date) ..... and to state that [the Govern-
ment concerned] have noted with satisfaction that the Government
of the Federal Republic of Germany/the Italian Government under-
take to declare their acceptance of the compulsory jurisdiction of the
International Court of Justice in accordance with Article X (formerly
Article VIII) of the Brussels Treaty, having made known to the High
Contracting Parties the reservations accompanying their acceptance.
I confirm that [the Government concerned] interpret paragraph 5
of Article X (formerly Article VIII) of the Treaty as stated in the
third paragraph of Your Excellency's communication.
[In the reply to the Federal Government's letter op.ly]
With regard to the fourth and fifth paragraphs of Your Excellency's
communication, [the Government concerned] are in agreement with
the proposal of the Federal Government that the High Contracting
Parties should discuss at once the question of establishing an appro-
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82 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
priate procedure for the settlement of the possible disputes to which
the Federal Government draw attention.
[In the reply to both Governments]
They also agree to consider this exchange of letters as an Ann,-x
to the Protocol modifying and completing the Brussels Treaty within
the meaning of Article IV, paragraph 1 of the said Protocol.
TREATY OF ECONOMIC, SOCIAL AND CULTURAL
COLLABORATION AND COLLECTIVE SELF-DEFENCE
(BRUSSELS TREATY) BETWEEN GREAT BRITAIN AND
NORTHERN IRELAND, BELGIUM, FRANCE, LUXEM-
BOURG, AND THE NETHERLANDS
BRUSSELS, 17th March, 1948
His Royal Highness the Prince Regent of Belgium, the President
of the French Republic, President of the French Union, Her Royal
Highness the Grand Duchess of Luxembourg, Her Majesty the Queen
of the Netherlands, and His Majesty The King of Great Britai a?
Ireland and the British Dominions beyond the Seas,
Resolved
To reaffirm their faith in fundamental human rights, in the
dignity and worth of the human person and in the other ideals
proclaimed in the Charter of the United Nations;
To fortify and preserve the principles of democracy, personal
freedom and political liberty, the constitutional traditions ar..ct
the rule of law, which are their common heritage;
To strengthen, with these aims in view, the economic, social
and cultural ties by which they are already united;
To co-operate loyally and to co-ordinate their efforts to crease
in Western Europe a firm basis for European economic recovery
To afford assistance to each other, in accordance with the
Charter of, the United Nations, in maintaining international peace
and security and in resisting any policy of aggression;
To take-such steps as may be held to be necessary in the event
of a renewal by Germany of a policy of aggression;.
To associate progressively in the pursuance of these aims other-
States inspired by the same ideals and animated by the like
determination;
Desiring for these purposes to conclude a treaty for collaboration in,
economic, social and cultural matters and for collective self-defence;,-
Have appointed as their Plenipotentiaries:
His Royal Highness the Prince Regent of Belgium
His Excellency Mr. Paul-Henri Spaak, Prime Minister, Miii-
ister of Foreign Affairs, and
His Excellency Mr. Gaston Eyskens, Minister of Finance,
The President of the French Republic, President of the French
Union
His Excellency Mr. Georges Bidault, Minister of Foreign_
Affairs, and
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 8
His Excellency Mr. Jean do Hauteclocque, Ambassador
Extraordinary and Plenipotentiary of the French Re-
public in Brussels,
Her Royal Highness the Grand Duchess of Luxembourg
His Excellency Mr. Joseph Bech, Minister of Foreign Affairs,
and
His Excellency Mr. Robert Als, Envoy Extraordinary and
Minister Plenipotentiary of Luxembourg in Brussels,
Her Majesty the Queen of the Netherlands
His Excellency Baron C. G. W. H. van Boetzelaer van
Oosterhout, Minister of Foreign Affairs, and
His Excellency Baron Binnert Philip van Harinxma thoe
Slooten, Ambassador Extraordinary and Plenipotentiary
of the Netherlands in Brussels,
His Majesty the King of Great Britain, Ireland and the British
Dominions beyond the Seas for the United Kingdom of Great
Britain and Northern Ireland
The Right Honourable Ernest Bevin, Member of Parlia-
ment, Principal Secretary of State for Foreign Affairs,
and
His Excellency Sir George William Rendel, K. C. M. G.,
Ambassador Extraordinary and Plenipotentiary of His
Britannic Majesty in Brussels,
who, having exhibited their full powers found in good and due form,
have agreed as follows :
Convinced of the close community of their interests and of the
necessity of uniting in order to promote the economic recovery of
Europe, the High Contracting Parties will so organize and coordinate
their economic activities as to produce the best possible results, by the
elimination of conflict in their economic policies, the co-ordination of
production and the development of commercial exchanges.
The co-operation provided for in the preceding paragraph, which
will be effected through the Consultative Council referred to in Article
VII as well as through other bodies, shall not involve any duplication
of, or prejudice to, the work of other economic organizations in which
the High Contracting Parties are or may be represented but shall on'
the contrary assist the work of those organizations.
The High Contracting Parties will make every effort in common,
both by direct consultation and in specialized agencies, to promote the
attainment of a higher standard of living by their peoples and to
develop on corresponding lines the social and other related services
of their countries.
The High Contracting Parties will consult with the object of achiev-
ing the earliest possible application of recommendations of immediate
practical interest, relating to social matters, adopted with their ap-
proval in the specialized agencies.
They will endeavour to conclude as soon as possible conventions
with each other in the sphere of social security.
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4 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
The High Contracting Parties will make every effort in common to
lead their peoples towards a better understanding of the principles
which form the basis of their common civilization and to promote
cultural exchanges by conventions between themselves or by other
means.
If any of the High Contracting Parties should be the object of as
armed attack in Europe, the other High Contracting Parties will, i i
accordance with the provisions of Article 51 of the Charter of the
United Nations, afford the party so attacked all the military and other
aid and assistance in their power.
All measures taken as a result of the preceding Article shall be
immediately reported to the Security Council. They shall be termi-
nated as soon as the Security Council has taken the measures neces-
sa to maintain or restore international peace and security.
7he present Treaty does not prejudice in any way the obligations
of the High Contracting Parties under the provisions of the Charter
of the United Nations. It shall not be interpreted as affecting in any
way the authority and responsibility of the Security Council under
the Charter to take at any time such action as it deems necessary in
order to maintain or restore international peace and security.
The High Contracting Parties declare, each so far as he is con?-
cerned, that none of the international engagements now in force between
him and any other of the High Contracting Parties or any third State
is in conflict with the provisions of the present Treaty.
None of the High Contracting Parties will conclude any alliance
or participate in any coalition directed against any other of the High
Contracting Parties.
ARTICLE VII
For the purpose of consulting together on all the questions dealt
with in the present Treaty, the High Contracting Parties will create
a Consultative Council, which shall be so organized as to be able to
exercise its functions continuously. The Council shall meet at such
times as it shall deem fit.
At the request of any of the High Contracting Parties, the Council
shall be immediately convened in order to permit the High Contract-
ing Parties to consult with regard to any situation which may consti-
tute a threat to peace, in whatever area this threat should arise; with
regard. to the attitude to be adopted and the steps to be taken in case of
a renewal by Germany of an aggressive policy; or with regard to any
situation constituting a danger to economic stability.
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 85
In pursuance of their determination to settle disputes only by peace-
ful means, the High Contracting Parties will apply to disputes between
themselves the following provisions:
The High Contracting Parties will, while the present Treaty remains
in force, settle all disputes falling within the scope of Article 36,
paragraph 2, of the Statute of the International Court of Justice by
referring them to the Court, subject only, in the case of each of them,
to any reservation already made by that Party when accepting this
clause for compulsory jurisdiction to the extent that that Party may
maintain the reservation.
In addition, the High Contracting Parties will submit to concilia-
tion all disputes outside the scope of Article 36, paragraph 2, of the
Statute of the International Court of Justice.
In the case of a mixed dispute involving both questions for which
conciliation is appropriate and other questions for which judicial
settlement is appropriate, any Party to the dispute shall have the right
to insist that the judicial settlement of the legal questions shall precede
conciliation.
The preceding provisions of this Article in no way affect the appli-
cation of relevant provisions or agreements prescribing some other
method of pacific settlement.
The High Contracting Parties may, by agreement, invite any other
State to accede to the present Treaty on conditions to be agreed
between them and the State so invited.
Any State so invited may become a Party to the Treaty by deposit-
ing an instrument of accession with the Belgian Government.
The Belgian Government will inform each of the High Contracting
Parties of the deposit of each instrument of accession.
The present Treaty shall be ratified and the instruments of ratifica-
tion shall be deposited as soon as possible with the Belgian Govern-
ment.
It shall enter into force on the date of the deposit of the last instru-
ment of ratification and shall thereafter remain in force for fifty years.
After the expiry of the period of fifty years, each of the High Con-
tracting Parties shall have the right to cease to be a party thereto
provided that he shall have previously given one year's notice of
denunciation to the Belgian Government.
The Belgian Government shall inform the Governments of the other
High Contracting Parties of the deposit of each instrument of ratifi-
cation and of each notice of denunciation.
IN WITNESS WHEREOF, the above-mentioned Plenipotentiaries have
signed the present Treaty and have affixed thereto their seals.
Done at Brussels, this seventeenth day of March 1948, in English
and French, each text being equally authentic, in a single copy which
shall remain deposited in the archives of the Belgian Government and
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86 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
of which certified copies shall be transmitted by that Government to
each of the other signatories.
For Belgium :
[L. S.] P. H. SPAAI.
[L. S.] GASTON EYSKENS.
For France :
[L. s.[ G. BIDAULT.
[L. S.] J. DE HAUTECLOCQUE.
For Luxembourg :
[L. S.] JOSEPH BECII.
[L. S.] ROBERT ALS.
For the Netherlands:
[L. S.] W. VAN BOETZELAER.
[L. S.] VAN HARINKMA THOE SLOOTEN.
For the United Kingdom of Great Britain and Northern Ireland:
[L. s.] ERNEST BEVIN.
[L. S.] GEORGE RENDEL.
DECLARATION INVITING ITALY AND THE FEDERAL
REPUBLIC OF GERMANY TO ACCEDE TO THE BRUSSELS
TREATY
The Governments of Belgium, France, Luxembourg, the Nether-
lands and the United Kingdom, Parties to the Brussels Treaty of
March the 17th, 1.948, for collaboration in economic, social and cul-
tural matters and for legitimate collective self-defence;
Aware that the principles underlying the association created by
the Brussels Treaty are also recognised and applied by the Federal
Republic of Germany and Italy;
Noting with satisfaction that their devotion to peace and their
allegiance to democratic institutions constitute common bonds between
the countries of Western Europe;
Convinced that an association with the Federal Republic of Ger-
many and Italy would represent a new and substantial advance in tie
direction already indicated by the Treaty;
Decide,
in application of Article IX of the Treaty, to invite the Federal
Republic of Germany and Italy to accede to this Treaty, as
modified and completed in accordance with the decisions of the
Conference held in London from September the 28th to October
the 3rd 1954, which are recorded in its Final Act.
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 137
RESOLUTION ON PRODUCTION AND STANDARDISATION
OF ARMAMENTS
(Adopted by the Nine-Power Conference on 218t October, 1951)
The Governments of the Kingdom of Belgium, the French Republic,
the Federal. Republic of Germany, the Italian Republic, the Grand
Duchy of Luxembourg, the Kingdom of the Netherlands, and the
United Kingdom of Great Britain and Northern Ireland,
Anxious to increase the effectiveness of their common Defence forces
to the maximum,
Desirous of ensuring the best possible use of their available arma-
ment credits by means of the rational organisation of production,
Noting the importance in this connection of standardising weapons
and weapon components,
Desirous of facilitating any agreements to this and between all or
.certain of the Seven Powers:
(1) Recall the decision taken at the London Conference to set
up a Working Party to study the draft directives submitted by
the French Government on 1st October 1954 and such other
documents as might subsequently be submitted on the problem
of the production and standardisation of armaments.
.(2) Agree to convene a Working Group in Paris on the 17th
January 1955 of the Representatives of Belgium, France, Italy,
Luxembourg, the Netherlands, the Federal Republic of Germany
and the United Kingdom, to study the draft directives and other
documents referred to in the foregoing paragraph, with a view to
submitting proposals to the Council of Western European Union
when it comes into being.
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DOCUMENTS RELATING TO THE TERMINATION OF THE
OCCUPATION REGIME IN THE FEDERAL REPUBLIC OF
GERMANY
CONVENTION ON THE PRESENCE OF FOREIGN FORCES
IN THE FEDERAL REPUBLIC OF GERMANY
In view of the present international situation and the need to
ensure the defence of the free world which require the continuing
presence of foreign forces in the Federal Republic of Germany, the
United States of America, the United Kingdom of Great Britain and
Northern Ireland, the French Republic and the Federal Republic of
Germany agree as follows:
1. From the entry into force of the arrangements for the German
Defence Contribution, forces of the same nationality and effective
strength as at that time may be stationed in the Federal Republic.
2. The effective strength of the forces stationed in the Federal
Republic pursuant to paragraph 1 of this Article may at any time be
increased with the consent of the Government of the Federal Republic
of Germany.
3. Additional forces of the States parties to the present Convention
may enter and remain in the Federal territory with the consent of
the Government of the Federal Republic of Germany for training
purposes in accordance with the procedures applicable to forces as-
signed to the Supreme Allied Commander, Europe, provided that such
forces do not remain there for more than thirty days at any one time.
4. The Federal Republic grants to the French, the United Kingdom
and the United States forces the right to enter, pass through and
depart from the territory of the Federal Republic in transit to or
from Austria (so long as their forces continue to be stationed there)
or any country Member of the North Atlantic Treaty Organization,
on the same basis as is usual between Parties to the North Atlantic
Treaty or as may be agreed with effect for all Member States by the
North Atlantic Council.
ARTICLE 2
The present Convention shall be open to accession by any State
not a Signatory, which had forces stationed in the Federal territory
on the date of the signature of the Protocol on the Termination of
the Occupation Regime in the Federal Republic of Germany signed
at Paris on 23 October 1954. Any such State, desiring to accede to
the present Convention, may deposit with the Government of the
Federal Republic an Instrument of Accession.
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9 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
ARTICLE 8
1. The present Convention shall expire with the conclusion of a.
German peace settlement or if at an earlier time the Signatory States
agree that the development of the international situation justifies new
arrangements.
2. The Signatory States will review the terms of the present Con-
vention at the same time and subject to the same conditions as pro-
vided for in Article 10 of the-Convention on Relations between the
Three Powers and the Federal Republic of Germany.
1. The present Convention shall be ratified or approved by the
Signatory States and Instruments of Ratification or Approval shall be
deposited by them with the Government of the Federal Republic of
Germany which shall notify each Signatory State of the deposit of
each Instrument of Ratification or Approval. The present Conven-
tion shall enter into force when all the Signatory States have made
such deposit and the Instrument of Accession of the Federal Republic
of Germany to the North Atlantic Treaty has been deposited with the
Government of the United States of America.
'2. It shall also enter into force on that date as to any acceding State
which has previously deposited an Instrument of Accession in accord-
ance with Article 2 of the present Convention and, as to any other
acceding State, on the date of the deposit by it of such an Instrument.
3. The present Convention shall be deposited in the Archives of the
Government of the Federal Republic of Germany, which will furnish
each State party to the present Convention with certified copies thereof
and of the Instruments of Accession deposited in accordance with
Article 2 and will notify each State of the date of the deposit of any
Instrument of Accession.
IN FAITH WHEREOF the undersigned Representatives duly authorized
thereto have signed the present Convention.
Done at Paris this 23rd day of October, 1954, in three texts, in the
English, French and German languages, all being equally authentic.
For the United States of America:
/S/ JOHN FOSTER DULLES
For the United Kingdom of Great Britain and Northern Ireland
/s/ ANTHONY EDEN
For the French Republic:
/S/ P. MENDhs-FRANCE
For the Federal Republic of Germany:
Is! ADENAUER
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY a
TRIPARTITE AGREEMENT ON THE EXERCISE OF
RETAINED RIGHTS IN GERMANY
The Governments of the United States of America, the United
Kingdom of Great Britain and Northern Ireland and the French
Republic agree as follows:
1. The rights retained by the United States of America, the
United Kingdom of Great Britain and Northern Ireland and the
French. Republic after the entry into force of the Protocol on the
Termination of the Occupation Regime in the Federal Republic
of Germany, which are referred to in the Convention on Relations
between the Three Powers and the Federal Republic of Germany
as amended by the said Protocol, will be exercised by their
respective Chiefs of Mission accredited to the Federal Republic
of Germany.
2. The Chiefs of Mission will act jointly in the exercise of those
rights in the Federal Republic of Germany in matters the Three
Powers consider of common concern under the said Protocol and
the instruments mentioned in Article 1 thereof.
3. Those rights which relate to Berlin will continue to be exer-
cised in Berlin pursuant to existing procedures, subject to any
future modification which may be agreed.
4. This agreement shall enter into force upon the entry into
force of the said Protocol.
Done at Paris on the twenty third (lay of October, Nineteen hun-
dred and fifty-four in two texts, in the English and French languages,
both texts being equally authentic.
For the Government of the United States of America:
/S! JOHN FOSTER DULLES
For the Government of the United Kingdom of Great Britain and
Northern Ireland:
/s/ ANTHONY EDEN
For the Government of the French Republic:
/S/ P. MENDES-FRANCE
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RELATED LETTERS
I
His EXCELLENCY,
The Secretary of State
PARIs, 23 October 1954
of the United States of America
MR. MINISTER,
Under the Protocol on the Termination of the Occupation Regime
in the Federal Republic of Germany, signed at Paris today, provision
is made that during the period, if any, between its entry into force
and the entry into force of the arrangements for the German Defense
Contribution, the United States of America, the United Kingdom of
Great Britain and Northern Ireland and the French Republic will
retain their existing rights relating to the fields of disarmament and
demilitarization, and the controls in those fields will be applied by a
Joint Four-Power Commission. I should appreciate it if you would
confirm the agreement which we reached at London in this connection
that at the end of 1954 the Governments which have signed this
Protocol will review this matter in the light of the situation then exist-
ing with regard to the entry into force of the Protocol. I should
likewise appreciate confirmation of the agreement also reached in this
connection at London that, at the same time, the four Governments
will review the exercise of the controls with a view to permitting prep-
aration by the Federal Republic for its future defense contribution.
I take this opportunity to assure you, Mr. Minister, of my highest
consideration.
/s/ ADENAUER
[Similar letters were sent to the United Kingdom and French
Foreign Ministers.]
PARIS, 28 October 1954
His EXCELLENCY,
The Chancellor of the
Federal Republic of Germany
MR. CHANCELLOR,
I have the honor to acknowledge the receipt of your letter of today's
date, which reads as follows:
"Under the Protocol on the Termination of the Occupation
Regime in the Federal Republic of Germany, signed at Paris
today, provision is made that during the period, if any, between
its entry into force and the entry into force of the arrangements
for the German Defense Contribution, the United States, the
United Kingdom and the French Republic will retain their exist-
ing rights relating to the fields of disarmament and demilitariza-
tion, and the controls in those fields will be applied by a joint
93
42118-Ex. L and M, 83-2-7
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Four Power Commission. I should appreciate it if you would
confirm the agreement which we reached at London in this con-
nection that at the end of 1954 the Governments which have
today signed the Protocol will review this matter in the light of
the situation then existing with regard to the entry into force of
the Protocol. I should likewise, appreciate confirmation of the
agreement also reached in this connection at London that, at
the same time, the four Governments will review the exercise of
the controls with a view to permitting preparation by the Federal
Republic for its future defense contribution."
I confirm the agreements to which you refer in your letter.
Accept, Mr. Chancellor, therenewed assurances of my highest con-
sideration
/S/ JOHN FOSTER DULLES
Secretary of State
United States of America
PARIS, 23 October 1951
His EXCELLENCY,
7h,e Chancellor of the
Federal Republic of Germany
MR. CHANCELLOR,
I refer to Article 2 of the Protocol on the Termination of the
Occupation Regime in the Federal Republic of Germany which deals
with the rights retained by the United States of America, the United
Kingdom of Great Britain and Northern Ireland and the French
Republic relating to the fields of disarmament and demilitarization.
I have the honor to inform you that the following legislation,
including regulations issued thereunder, is the existing legislation in
the fields referred to in Article 2:
Allied High Commission Law No. 7-Uniforms and Insignia
Allied High Commission Law No. 16-Elimination of Militarism
Allied High Commission Law No. 22, amended by AHC Law
Nos. 53 and 68-Control of Materials, Facilities and Equip-
ment Relating to Atomic Energy
Allied High Commission Law No. 24, amended by ARC Law
loos. 61 and 78-Control of Certain Articles, Products, Instal-
lations and Equipment
US Military Government Law No. 23 as amended by ARC
Decision No. 12----Control of Scientific Research
British Military Government Law No. 23 as amended by AHC
Decision No. 12-Control of Scientific Research
Ordinance No. 231 of the French High Commissioner in Germany,
as amended by ARC Decision No. 12-Control of Scientific
Research
Control Council Law No. 23--Prohibition of Military. Construc-
tion in Germany.
The Protocol on the Termination of the Occupation Regime in
the Federal Republic of Germany shall not, be considered to be an
agreement within the meaning of Article 1 of Chapter Twelve of the
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Convention on the Settlement of Matters Arising out of the War
and the Occupation.
Accept, Mr. Chancellor, the renewed assurances of my highest
consideration.
/S/ JAMES B. CONANT
United States High Commissioner for Germany
His EXCELLENCY,
The Secretary of State
of the United States of America
MR. MINISTER,
PARIS, 23 October 1954
I refer to paragraph 7 of Article 5 of the Convention on Relations
between the Federal Republic of Germany and the Three Powers
signed at Bonn on 26 May 1952, which provides that, 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. The Federal Government is of the opinion that
this is the inherent right of any military commander according to
international law and therefore German law.
I therefore wish to say that the right referred to in paragraph 7 of
Article 5 of the Convention on Relations between the Federal Republic
of Germany and the Three Powers will not be affected by the deletion
of that paragraph as provided by the Protocol on the Termination of
the Occupation Regime in the Federal Republic of Germany.
I take this opportunity to assure you, Mr. Minister, of my highest
consideration.
/s/ ADENAUER
[Similar letters were sent to the United Kingdom and French For-
eign Ministers.]
His EXCELLENCY PARIS, 23 October 1954
,
The United States High Commissioner
MR. AMBASSADOR,
The Federal Government adheres to the principle that freedom of
competition is the most important basis of the policy of "social market,
economy" which it stands for. It has given expression to this attitude
in the draft of a law against restraints of competition. This draft has
received the approval in principle of the Bundesrat. The Federal
Government has submitted the draft to the first Bundestag;. it will
submit it again in the near future to the Bundestag for its adoption.
The Federal Government has thus shown that it earnestly desires the
passing of a law against restraints of competition. It is determined
to maintain the anti-cartel policy hitherto pursued by it and to work
toward effective and comprehensive protection of freedom of competi-
tion by a German law. In this effort, the Federal Government will
also oppose all efforts to repeal or modify the Allied legislation which
now prohibits restraints of competition and monopolies (United States,
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9 PROTOCOLS ON THE FEDERAL REPUBLIC 0
Military Government Law No. 56, British Military Government Ordi-
nance No. 78, Ordinance No. 96 of the French Commander-in-Chief
in Germany) before the coming into force of a German law con-
taining general provisions against restraints of competition.
I take this opportunity to renew to you, Mr. Ambassador, the
assurance of my high consideration.
/s/ ADENAUEF:
jSimilar letters were sent to the United Kingdom and French High
'Commissioners for Germany.]
PARIS, 23 October 1954
His EXCELLENCY,
The Chancellor of the
Federal Republic of Germany
MR. CHANCELLOR,
I have the honor to acknowledge receipt of your letter of today's
date stating that the Federal Government will oppose all efforts to
repeal or modify the Allied decartelization legislation (United States
Military Government Law No. 56, British Military Government
Ordinance No. 78, Ordinance No. 96 of the French Commander-in-
Chief in Germany) before the coming into force of a German law
containing general provisions against restraints of competition.
Accept, Mr. Chancellor, the renewed assurances of my highest
/S/ JAMES B. CONANT
United States High Commissioner for Germany
PARIS, 23 October 1954
HIS EXCELLENCY,
The United States High Commissioner
MR. AMBASSADOR,
The Federal Government adheres to the principle that the legal
position of those persons who, since 8 May 1945, under relaxed re-
quirements established by laws, ordinances, directives or other orders
or instructions of the Occupation Authorities, have commenced a
trade or a free profession and have continued it up to the present
time, should be protected. The Federal Government will oppose all
efforts which may tend to impair the legal position which these per-
sons have obtained. Moreover it is the view of the Federal Gov.-rn-
ment that the exercise of such trade or free profession by these persons
is already protected under Article 2 of Chapter One of the Conven-
tion on the Settlement of Matters Arising out of the War and the
Occupation.
I take this opportunity to renew to you, Mr. Ambassador, the
assurance of my high consideration.
/S/ ADENAUER
[Similar letters were sent to the United Kingdom and French High
Commissioners for Germany.]
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
/S/ JAMES B. CONANT
United States High Commissioner for Germany
His EXCELLENCY, PARIS, 23 October 1954
,
The Chancellor of the
Federal Republic of Germany
M.R. CHANCELLOR,
I have the honor to acknowledge receipt of your letter of today's
date concerning the legal position of persons engaged in a trade or
free profession.
Accept, Mr. Chancellor, the renewed assurances of my highest
consideration.
His EXCELLENCY, PARIS, 23 October 1954
,
The Chancellor of the
Federal Republic of Germany
MR. CHANCELLOR,
In the course of the Four Power Conference in London in October
1954, it was agreed to delete paragraph 5 (a), (b) and (c) of Article
3 of Chapter Three (Internal Restitution) of the Convention on the
Settlement of Matters arising out of the War and the Occupation and
to make the matters covered by these deleted provisions the subject
of an Exchange of Letters.
It is the understanding of the Governments of the United States
of America, the United Kingdom of Great Britain and Northern
Ireland and the French Republic that the Government of the Federal
Republic of Germany agrees that an official designated by each of the
Governments of the United States of America, the United Kingdom
of Great Britain and Northern Ireland and the French Republic for
the purpose of reporting to his Government on the progress of the
Restitution program, shall be granted reasonable facilities and shall[
be supplied with all necessary information including Statistics and
Reports as heretofore submitted to the aforesaid Governments.
Your confirmation of the above agreement would be appreciated,,
Accept, Mr. Chancellor, the renewed assurances of my highest
consideration.
His EXCELLENCY,
/s/ JAMES B. CONANT
United States High Commissioner for Germany
PARIS, 23 October 1954
The United States High Commissioner
MR. AMBASSADOR,
I have the honor to acknowledge receipt of your letter of today's
date which is worded as follows:
"In the course of the Four Power Conference in London in
October, 1954, it was agreed to delete paragraph 5 (a), (b) and (c)
of Article 3 of Chapter Three (Internal Restitution) of the
Convention on the Settlement of Matters arising out of the War
and the Occupation and to make the matters covered by these.
'deleted provisions the subject of an Exchange of Letters.
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98 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
"It is the understanding of the Governments of the French
Republic, the United Kingdom of Great Britain and Northern
Ireland and the United States of America that the Government
of the Federal Republic of Germany agrees that an official desig-
nated by each of the Governments of the French Republic, the
United Kingdom of Great Britain and Northern Ireland and the
United States of America for the purpose of reporting to his
Government on the progress of the Restitution program, shall be
granted reasonable facilities and shall be supplied with all neces-
sary information including Statistics and Reports as heretofore
submitted to the aforesaid Governments.
"Your confirmation of the above agreement would be appre-
ciated."
I have the honor to assure you of the agreement of the Federal
Government to the terms of that letter.
I take this opportunity to renew to you, Mr. Ambassador, the assur-
ance of my high consideration.
/s/ ADENAUER
[Similar letters were sent to the United Kingdom and French High
Commissioners for Germany.]
PARIS, 23 October 195.+
His EXCELLENCY,
The Chancellor of the
Federal Republic of Germany
MR. CHANCELLOR,
In the course of the Four Power Talks on the Termination of the
Occupation Regime it has been agreed to delete paragraph 4 of Chap-
ter Four (Compensation for Victims of Nazi Persecution) of the
Convention on the Settlement of Matters arising out of the War and
the Occupation on the understanding that the matters dealt with
therein would be covered by an Exchange of Letters.
It is understood by the Governments of the United States of Amer-
ica, the United Kingdom of Great Britain and Northern Ireland and
the French Republic that the Government of the Federal Republic
of Germany agrees that adequate opportunities be afforded to the
Governments of the United States of America, the United Kingc.om
of ,Great Britain and Northern Ireland and the French Republic, or
their authorized agents, for the observation of all matters dealt with
in Chapter Four of the Convention on the Settlement of Matters
arising out of the War and the Occupation insofar as non-German
nationals or non-residents of the Federal territory are involved. Fur-
thermore, the Governments of the United States, the United Kingdom
and the French Republic have noted the assurances which have been
given in the course of the negotiations by the representatives of the
Government of the Federal Republic and according to which the
undertakings which the Federal Republic has contracted under para-
graph 4(b) of Chapter Four of the Settlement Convention, insofar
as they are not already covered by German law, represent for the
Federal Government a natural obligation which it is prepared vo.un-
tarily to assume in the future. On the basis of these assurances, the
Governments of the United States, the United Kingdom and the
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 99
French Republic have accepted the deletion of the above-mentioned
provision.
Your confirmation of the above agreement would be appreciated.
Accept, Mr. Chancellor, the renewed assurances. of my highest
consideration.
/s/ JAM-E,S B. CONANT
United States High Commissioner for Germany
PARIS, 23 October 1954
His EXCELLENCY,
The United States High Commissioner
MR. AMBASSADOR,
I have the honor to acknowledge receipt of your letter of today's
date which is worded as follows :
"In the course of the Four Power Talks on the Termination of
the Occupation Regime it has been agreed to delete paragraph 4
of Chapter Four (Compensation for Victims of Nazi Persecution)
of the Convention on the Settlement of Matters arising out of the
War and the Occupation on the understanding that the matters
dealt with therein would be covered by an Exchange of Letters.
"It is understood by the Governments of the French Republic,
the United Kingdom of Great Britain and Northern Ireland and
the United States of America that the Government of the Federal
Republic of Germany agrees that adequate opportunities be af-
forded to the Governments of the French Republic, the United
Kingdom of Great Britain and Northern Ireland and the United
States of America, or their authorized agents, for the observation
of all matters dealt with in Chapter Four of the Convention on
the Settlement of Matters arising out of the War and the Occupa-
tion in so far as non-German nationals or nonresidents of the
Federal territory are involved.
"Furthermore, the Governments of France, the United Kingdom
and the United States have noted the assurances which have been
given in the course of the negotiations by the representatives of the
Government of the Federal Republic and according to which the
undertakings which the Federal Republic has contracted under
paragraph 4 (b) of Chapter Four of the Convention on the Settle-
ment of Matters arising out of the War and the Occupation, inso-
far as they are not already covered by German law, represent for
the Federal Government a natural obligation which it is prepared
voluntarily to assume in the future. On the basis of these assur-
ances, the Governments of France, the United Kingdom and the
United States have accepted the deletion of the above-mentioned
provision.
"Your confirmation of the above agreement would be appre-
ciated."
I have the honor to assure you of the agreement of the Federal
Government to the terms of that letter.
I take this opportunity to renew to you, Mr. Ambassador, the assur-
ance of my high consideration.
/s/ ADENAUER
[Similar letters were sent to the United Kingdom and French High
Commissioners for Germany.]
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100
PARIS, 23 October 1954
His EXCELLENCY,
The United States High Commissioner
MR. AMBASSADOR,
With reference to Article 13 of Chapter One of the Convention on
the Settlement of Matters arising out of the War and the Occupation
included in Schedule IV of the Protocol on the Termination of the
Occupation Regime in the Federal Republic of Germany signed at
Paris this day, I have the honor to inform you of the agreement of
the Government of the Federal Republic of Germany to the following
arrangements which have been concerted between representatives of
the Government of the Federal Republic, the United Kingdom, the
United States and the French Republic.
2. The property referred to in Article 13 of Chapter One of the
said Convention comprises :
(a) (i) Movable and immovable property belonging to the Fed-
eral Republic, other than property administered by the
German Federal Railways or Federal Post;
(ii) Movable and immovable property previously owned by
the former Reich which, on the entry into force of the
said Convention, is subject to the administration of the
Federal Republic in accordance with the Law for a
Provisional Settlement of the Legal Status of Reich
Property and the Prussian Shares of. 21 July 1951
Bundesgesetzblatt Teil I Seite 467) and the Ordinance
for the Implementation of Article 6 of that Law of 26
July 1951 (Bundesgesetzblatt Teil I Seite 471), other
than property administered by the German Federal
Railways or Federal Post;
(b) Movable and immovable property belonging to the constitu-
ent Laender of the Federal Republic of Germany and their
political sub-divisions;
(c) Privately owned movable and immovable property;
(d) Immovable property the construction of which was financed
out of occupation costs or mandatory expenditure funds of
the Federal Republic of Germany or its constituent Laender;
(e) Movable property acquired from occupation costs or man-
datory expenditure funds.
3. The property referred to in sub-paragraphs (a), (b), (c) and (d)
of the foregoing paragraph shall be determined after hearing the in-
terested parties and taking into account the special needs of the Gcv-
ernment of the United States of America during the transitional
period, by mutual agreement between representatives to be designated
for that purpose by the Government of the Federal Republic of Ger-
many and the Government of the United States of America respec-
tively, and with the co-operation of the Protocol Department of the
Federal Foreign Office. Property of the types specified in sub-para-
graphs (a), (b), (c) and (d) of the foregoing paragraph which is not
included in the determination made pursuant to this paragraph will
be released.
4. The Government of the United States of America will endeavour
to convert its right of use of the property referred to in sub-paragraphs
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 101
(a), (b), (c) and (d) of paragraph 2 above into tenancy arrangements
under private law.
With respect to property referred to in sub-paragraph (a) of para-
graph 2 the Government of the Federal Republic of Germany will
meet the Government of the United States of America to a reasonable
extent in agreeing the amount of the rent.
Rents for property referred to in sub-paragraphs (b) and (c) of
paragraph 2 shall be based on those usual in the locality for the
property concerned. So far as concerns Federal property referred
to in sub-paragraph (d) of paragraph 2, for the period of nine months
after the entry into force of the Convention on the Settlement of Mat-
ters arising out of the War and the Occupation, compensation shall
be paid only in respect of the use of the land, taking into account,
however, public charges and charges for special services or assessments
for local improvements payable by the owner of the land in respect of
such land. After such period a rent which is reasonable in the. cir-
cumstances shall be paid for both land and buildings.
The Government of the Federal Republic will place its good offices
at the disposal of the Government of the United States of America. for
the conclusion of tenancy arrangements with respect to property re-
ferred to in. sub-paragraphs (b) and (c) of paragraph 2.
5. If tenancy agreements pursuant to the foregoing paragraph are
not concluded, the Government of the United States of America shall
pay compensation for use (Nutzungsverguetung) from the entry into
force of the Convention on the Settlement of Matters arising out of the
War and the Occupation. The amount of such compensation as well
as the amount of compensation to be paid for damage which occurs
after the entry into force of the Convention on the Settlement of Mat-
ters arising out of the War and the Occupation shall be determined in
accordance with the Federal legislation relating to the procurement
of goods, services and land for official agencies (Bundesleistungs-
gesetzgebung) which shall also apply to the manner of use of the prop-
erty. Until the entry into force of this legislation, the hitherto exist-
ing basis for the assessment of compensation (Verguetung) for the
property used, in accordance with Article 13 of Chapter One of the
Convention on the Settlement of Matters arising out of the War and
the Occupation and this letter, by the Embassy and Consulate shall
continue to operate.
The Government of the Federal Republic of Germany will not
demand compensation for wear and tear of its property referred to
in sub-paragraphs (a) and (d) of paragraph 2, and the Government of
the United States of America will not demand compensation for im-
provements made by it to such property.
6. The release of property referred to in sub-paragraph (c) of para-
graph 2 will be given priority and will be effected at the earliest pos-
sible moment and in any case not later than six months after the entry
into force of the Convention on the Settlement of Matters arising out
of the War and the Occupation, unless, in respect of any such prop-
erty, tenancy arrangements have been concluded in pursuance of
paragraph 4.
Property referred to in sub-paragraph (e) of paragraph 2 will be
released not later than nine months after the entry into force of the
Convention on the Settlement of Matters arising out of the War
and the Occupation. Its continued use after that date will be the sub-
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-102 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
ject of negotiation between the Government of the Federal Republic of
Germany and the Government of the United States of America.
'The Government of the United States of America undertakes to
release all other property referred to in paragraph 2 at the earliest
possible moment and in any case as soon as it becomes surplus to the
requirements of the Government of the United States of America with
regard to its Embassy and Consulates.
The Government of the Federal Republic will endeavour, by the
construction of new buildings, to make available alternative accommo..
dation for rental or purchase by the Government of the United States
of America.
7. The personnel of the Embassy and Consulates of the United
States of America not possessing German nationality shall be entitled
to make use of the facilities of the non-German organizations estab-
lished by the Forces of the United States of America, the United
--Kingdom of Great Britain and Northern Ireland and the French
Republic pursuant to Article 36 of the Convention on the Rights and
Obligations of Foreign Forces and their Members in the Federal
Republic of Germany or-to similar provisions, if any, in Agreements
-which may supersede that Convention.
8. Nothing in Article 13 of Chapter One of the Convention on the
Settlement of Matters arising out of the War and the Occupation or
in this letter shall be deemed to affect property required by the Gov-
ernments of the United States of America, the United Kingdom of
Great Britain and Northern Ireland and the French Republic for tha
use of their Armed Forces.
9. I should be grateful if you would confirm the agreement of your
Government with the foregoing.
I take this opportunity to renew to you, Mr. Ambassador, the
assurance of my high consideration.
/s/ ADENAUER
[Similar letters were sent to the United Kingdom and French High
Commissioners for Germany,]
PARES, 23 October 1954
HIS EXCELLENCY,
The Chancellor of the
Federal Republic of Germany
MR. CHANCELLOR,
I have the honor to acknowledge receipt of your letter of today's
date which is worded as follows:
"With reference to Article ] 3 of Chapter One of the Convention
on the Settlement of Matters arising out of the War and the
Occupation included in Schedule IV of the Protocol on the Termi-
nation of the Occupation Regime in the Federal Republic of
Germany signed in Paris this day, I have the honor to inform you
of the agreement of the Government of the Federal Republic to
the following arrangements which have been concerted between
representatives of the Governments of the Federal Republic of
Germany, the United States of America, the United Kingdom of
Great Britain and Northern Ireland and the French Republic.
2. The property referred to in Article 13 of Chapter One of the
said Convention comprises:-
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O
N
PROTOCOLS
(a) (i) Movable and immovable property belonging to the
Federal Republic, other than property administered)
by the German Federal Railways or Federal Post;
(ii) Movable and immovable property previously owned
by the former Reich which, on the entry into force of
the said Convention, is subject to the administration
of the Federal Republic in accordance with the Law
for a Provisional Settlement of the Legal Status of
Reich Property and the Prussian Shares of 21 July
1951 (Bundesgesetzblatt Teil I Seite 467) and the
Ordinance for the Implementation of Article 6 of that
law of 26 July 1951 (Bundesgesetzblatt Teil I Seite
471), other than property administered by the Ger-
man Federal Railways or Federal Post;
(b) Movable and immovable property belonging to the con-
stituent Laender of the Federal Repbulic and their
political subdivisions;
(c) Privately owned movable and immovable property;
(d) Immovable property the construction of which was
financed out of occupation costs or mandatory expendi-
ture funds of the Federal Republic or its constituent
Laender;
(e) Movable property acquired from occupation costs or
mandatory expenditure funds.
3. The property referred to in sub-paragraphs (a), (b), (c) and
(d) of the foregoing paragraph shall be determined after hearing
the interested parties and taking into account the special needs
of the Government of the United States of America during the
transitional period, by mutual agreement between representatives
to be designated for that purpose by the Government of the
United States of America and the Government of the Federal
Republic of Germany respectively, and with the cooperation of
the Protocol Department of the Federal Foreign Office. Prop-
erty of the types specified in sub-paragraphs (a), (b), (c) and (d)
of the foregoing paragraph which is not included in the determina-
tion made pursuant to this paragraph will be released.
4. The Government of the United States of America will
endeavor to convert its right of use of the property referred to in
sub-paragraphs (a), (b), (c) and (d) of paragraph 2 above into
tenancy arrangements under private law.
With respect to property referred to in sub-paragraph (a) of
paragraph 2 the Government of the Federal Republic of Germany
will meet the Government of the United States of America to a
reasonable extent in agreeing the amount of the rent.
Rents for property referred to in sub-paragraphs (b) and (c) of
paragraph 2 shall be based on those usual in the locality for the
property concerned. So far as concerns Federal property re-
ferred to in sub-paragraph (d) of paragraph 2, for the period of
nine months after the entry into force of the Convention on the
Settlement of Matters arising out of the War and the Occupation,
compensation shall be paid only in respect of the use.of the land,
taking into account, however, public charges and charges for
special services or assessments for local improvements payable by
the owner of the land in respect of such land. After such period
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THE FEDERAL REPUBLIC OF GERMANY
a rent which is reasonable in the circumstances shall be paid for
both land and buildings.
The Government of the Federal Republic of Germany will place
its good offices at the disposal of the Government of the United
States of America for the conclusion of tenancy arrangements with
respect to property referred to in sub-paragraphs (h) and (c.) of
paragraph 2.
5. If tenancy agreements pursuant to the foregoing paragraph
are not concluded, the Government of the United States of
America shall pay compensation for use (Nutzungsverguetung)
from the entry into force of the Convention on the Settlement' of
Matters arising out of the War and the Occupation: The amount
of such compensation as well as the amount of compensation to
be paid for damage which occurs after the entry into force of the
Convention on the ,Settlement of Matters arising out of the War tr
and the Occupation shall be determined in accordance with the
Federal legislation relating to the procurement of goods, services
and land for official agencies (Bundesleistungsgesetzgebung)
which shall also apply to the manner of use of the property.
Until the entry into force of this legislation, the hitherto existing
basis for the assessment of compensation (Verguetung) for he
property used, in accordance with Article 13 of Chapter One of
the Convention on the Settlement of Matters arising out of the
War and the Occupation and this letter, by the Embassy and
Consulates shall continue to operate.
The Government of the Federal Republic of Germany will not
demand compensation for wear and tear of its property referred
to in sub-paragraphs (a) and. (d) of paragraph 2, and the Govern-
ment of the United States of America will not demand compensa-
tion for improvements made by it to such property.
6. The release of property referred to in sub-paragraph (c) of
paragraph 2 will be given priority and will be effected at the
earliest possible moment and in any case not later than six months
after the entry into force of the Convention on the Settlement of
Matters arising out of the War and the Occupation, unless, in
respect of any such property, tenancy arrangements have been
concluded in pursuance of paragraph 4.
Property referred to in sub-paragraph (e) of paragraph 2 will
be released not later than nine months after the entry into force
of the Convention on the Settlement of Matters arising out of the
War and the Occupation. Its continued use after that date will
be the subject of negotiation between the Government of the
Federal Republic of Germany and the Government of the United
States of America.
The Government of the United States of America undertakes
to release all other property referred to in paragraph 2 at the
earliest possible moment and in any case as soon as it becomes
surplus to the requirements of the Government of the United
States of America with regard to its Embassy and Consulates.
The Government of the Federal Republic of Germany will en-
deavor, by the construction of new buildings, to make available
alternative accommodation for rental or purchase by the Gover:z-
ment of the United States of America.
7. The personnel of the Embassy and Consulates of the United
States of America not possessing German nationality shall be
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 105
entitled to make use of the facilities of the non-German organiza-
tions established by the Forces of the United States, the United.
Kingdom and the French Republic pursuant to Article 36 of the
Convention on the Rights and Obligations of Foreign Forces and
their Members in the Federal Republic of Germany or to similar
provisions, if any, in Agreements which supersede that Conven-
tion.
8. Nothing in Article 13 of Chapter One of the Convention on
the Settlement of Matters arising out of the War and the Occu--
pation or in this letter shall be deemed to affect property required
by the Governments of the United States of America, the United
Kingdom of Great Britain and Northern Ireland and the French.
Republic for the use of their Armed Forces.
9. I should be grateful if you would confirm the agreement of
your Government with the foregoing."
I have the honor to inform you that my Government accepts the
understandings set out in your letter.
Accept, Mr. Chancellor, the renewed assurances of my highest
consideration.
/8/ JAMES B. CONANT
United States High Commissioner for Germany
PARIs, 23 October 1954
His EXCELLENCY,
The Chancellor of the
Federal Republic of Germany
MR. CITANCEL LOR,
I refer to Article 5 of Chapter Twelve of the Convention on the
Settlement of Matters arising out of the War and the Occupation
referred to in the Protocol on the Termination of the Occupation
Regime in the Federal Republic of Germany signed in Paris this day
and wish to state on behalf of the Government of the United State,;
of America, in agreement with the Governments of the United King.-
dom of Great Britain and Northern Ireland and the French Republic,
that, in the exercise of the responsibilities under the said Article, an
application for authorization of air traffic to and from the Berlin
air corridors by aircraft of Powers other titan the United States, the
United Kingdom, the French Republic and the Union of Soviet
Socialist Republics will be approved only after notification by the
Federal Government to the representatives of the United States, the
United Kingdom and the French Republic that the Federal Govern-
ment is willing to grant the right to overfly the Federal territory.
I understand that a permit for the overflight of the Federal terri-
tory on these flights will be issued to the applicant only after notifica-
tion to the Federal Government by the representatives of the United
States, the United Kingdom and the French Republic that they are,
willing to approve the application for authorization of air traffic to
and from the Berlin air corridors.
Accept, Mr. Chancellor, the renewed assurances of my highest
consideration.
/S/ JAMES B. CONANT,,
United States High Commissioner for Germany
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His EXCELLENCY,
The United States High Commissioner
MR. AMBASSADOR,
PARIS, 28 October 1954
I have the honor to acknowledge receipt of your letter of today's-
date relating to Article 5 of Chapter Twelve of the Convention on
the Settlement of Matters arising out of the War and the Occupation,
and to inform you that I agree with its contents.
I take this opportunity to renew to you, Mr. Ambassador, the
assurance of my high consideration.
/s/ ADENAUE R
[Similar letters were sent to the United Kingdom and French high
Commissioners for Germany]
HIS EXCELLENCY,
The Secretary of State
of the United States of America
MR. MINISTER,
PARIS, 23 October 195.4
In the course of negotiation of the Protocol on the Termination
of the Occupation Regime in the Federal Republic of Germany signed
today, note was taken of various letters exchanged in May, 1952, in
connection with the signing of the Convention on Relations between
the Federal Republic of Germany and the Three Powers and the
related Conventions. The texts of. these letters are set out in the
Federal Republic's Official Gazette (Bundesgesetzblatt) 1954, Part II,
Number 3, pages 242 to 320 inclusive.
In the name of the Government of the Federal Republic of Ger-
many I have the honor to inform you that the Federal Republic for
its part confirms the assurances given and the obligations undertaken
in these letters except that it considers that the letters Nos. 3, 5, 13, 14,
15 and 19 are no longer applicable, and that those letters described
in the schedule attached to this letter shall be considered to have been
amended in accordance with the terms of that schedule. I shall be
grateful if you would inform me whether the Government of the
United States of America for its part confirms the assurances given
and the obligations undertaken by it in these letters.
Schedule of Amendments
Bundes-
gesetz-
Letter blatt 1954 Amendments
Teil II
Nr. 3
No. 1, Page 242 Substitute:
paragraph 3
"For this reason they have decided to
exercise their right relating to Berlin in
such a way as to facilitate thecarrying
out by the Federal Republic of its
Declaration on Aid to Berlin, of which a
copy is annexed, and to permit the
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 107
Schedule of Amendments-Continued
Bundes-
gesetz-
Letter blatt 1954 Amendments
Teil II
Nr. 3
No. 1, Page 242 Substitute-Continued
paragraph 3
Federal authorities to ensure represen-
tation of Berlin and of the Berlin popu-
lation outside Berlin."
Annex the following:
"Declaration of the Federal Republic on
Aid to Berlin
"In view of the special role which
Berlin has played and is destined to
play in the future for the self-preserva-
tion of the free world,
"aware of the ties connecting the
Federal Republic with Berlin as the
prospective capital of a free, reunified
Germany,
resolved to consolidate these ties
within the framework of the status of
Berlin,
resolved to continue its aid to the
political, cultural, economic and
financial reconstruction of Berlin, and
motivated by the desire to strengthen
and to reinforce the position of Berlin in
all fields, and in particular to bring
about in so far as possible an improve-
ment in the economic and financial
situation in Berlin including its produc-
tive capacity and level of employment,
the Federal Republic undertakes
(a) to take all necessary measures
on its part in order to ensure
the maintenance of a balanced
budget in Berlin through ap-
propriate assistance;
(b) to take adequate measures for
the equitable treatment of
Berlin in the control and
allocation of materials in short
supply;
(c) to take adequate measures. to
ensure that Berlin also benefits
from resources at the disposal
of the Federal Republic re-
ceived from outside sources,
for the necessary further eco-
nomic reconstruction of Berlin;
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108 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
Schedule of Amendments-Continued
Bundes-
gesetz-
Letter blatt 1954 Amendments
Teil II
Nr. 3
No. 1 Page 242 Annex the following-Continued
paragraph 3
(d) to take all appropriate meas-
ures designed to promote the
placing of public and private
orders in the Berlin economy;
(e) to promote the development of
Berlin's external trade, to ac-
cord Berlin such favored treat-
ment in all matters of trade
policy as circumstances war-
rant and to provide Berlin
within the limit of possibility
and in consideration of the
participation of Berlin in the
foreign currency control by the
Federal Republic, with the
necessary foreign currency;
(f) to take all necessary m.easures
on its part to ensure that the
city remains in the currency
area of the Deutsche Mark
West, and that an adequate
money supply is maintained in
the city;
(g) to assist in the maintaining in.
Berlin of adequate stock-piles
of supplies for emergencies;
(h) to use its best efforts for the
maintenance and improvement
of trade and of communica-
tions and transportation facil--
ities between Berlin and the
Federal territory, and to co--
operate in accordance with the
means at its disposal in their
protection or their re-estab?-
lishm.ent ;
(i) to continue its efforts to com-
pensate, as heretofore, the dis-
proportionate burden placed
on Berlin as a result of the
admission of refugees;
(j) to ensure the representation
of Berlin and of the Berlin
population outside Berlin, and
to facilitate the inclusion of
Berlin in the international
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PROTOCOLS ON THE FEDERAL REPUBLIC. OF GERMANY 119'
No. 1 Page 242 Annex the following-Continued
paragraph 3
Bundes-
gesetz-
Letter blatt 1954
Teil II
Nr, 3
Schedule of Amendments-Continued
Page 244
Page 252
Page 308
I take this opportunity
consideration.
No. 2, para-
graph 1.
No. 9, second
sentence.
No. 11, first
sentence.
agreements concluded by the
Federal Republic, provided
that this is not precluded by
the nature of the agreements
concerned.
(signed) ADENAUER"
Delete the words "sub-paragraph (c) of
paragraph 1 of".
Delete the words "Law No. 23".
Insert after "1947" the words "or such
provisions as may replace them".
to assure you, Mr. Minister, of my highest,
/s/ :ADENAUER
[Similar letters were sent to the United Kingdom and French Foreign
Ministers.]
PARIS, 23 October 1954
I have the honor to acknowledge receipt of your letter of today's.
date in which you, in the name of the Government of the Federal
Republic of Germany, confirm the assurances given and the obliga-
tions undertaken by the Federal Republic in the various letters
referred to in your letter.
On behalf of the Government of the United States of America I
confirm the assurances given and the obligations undertaken by that
Government in the letters which you mention, subject to the amend-
ments listed in the Schedule to your letter and with the understanding
that letters Nos. 3, 5, 13, 14, 15 and 19 are no longer applicable.
I am also glad to confirm the declaration made on May 25, 1952
concerning reparations which appears at page 316 of the issue of the
Federal Government's Official Gazette mentioned in your letter.
Accept, Mr. Chancellor, the renewed assurances of my highest
consideration.
/s/ JOHN FOSTER DULLES,
Secretary of State
United States of America
His EXCELLENCY,
The Chancellor o f the
Federal Republic of Germany
MR. CHANCELLOR,
42118-Ex. L and M, 83-2-8
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110 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
Schedule of Amendments
Bundes-
gesetz-
Letter No. Blatt 1954
Teil II
Nr. 3
1, paragraph 3 Page 242 Substitute:
"For this reason they have decided to
exercise their right relating to Berlin in
such a way as to facilitate the carrying
out by the Federal Republic of its Dec-
laration on aid to Berlin, of which a
copy is annexed, and to permit the Fed-
eral authorities to ensure representa-
tion of Berlin and of the Berlin popu-
lation outside Berlin."
Annex the following:-
Declaration of the Federal Republic on
Aid to Berlin
In view of the special role which Ber-
lin has played and is destined to play in
the future for the self preservation of
the free world,
aware of the ties connecting the Fed-
eral Republic with Berlin as the prD-
spective capital of a free, reunified, Ger-
many,
resolved to consolidate these ties
within the framework of the status of
Berlin,
resolved to continue its aid to the
political, cultural, economic and finan-
cial reconstruction of Berlin, and
motivated by the desire to strengthen
and to reinforce the position of Berlin
in all fields, and in particular to bring
about in so far as possible an improve-
ment in the economic and financial sit-
uation in Berlin including its produc-
tive capacity and level of employment,
the Federal Republic undertakes
(a) to take all necessary measures
on its part in order to ensure
the maintenance of a balanced
budget in Berlin through ap-
propriate assistance;
(b) to take adequate measures for
the equitable treatment of
Berlin in the control and allo-
cation of materials in short
supply;
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 111
Schedule of Amendments-Continued
Bandes-
gesetz-
blatl 1954
Teil II
Nr. 3
1, paragraph 3 Page 242 Annex the following-Continued
(c) to take adequate measures to
ensure that Berlin also bene-
fits from resources at the dis-
posal of the Federal Republic
received from outside sources,
for the necessary further eco-
nomic reconstruction of Ber-
lin;
(d) to take all appropriate meas-
ures designed to promote the
placing of public and private
orders in the Berlin economy;
(e) to promote the development
of Berlin's external trade, to
accord Berlin such favored
treatment in all matters of
trade policy as circumstances
warrant and to provide Berlin
within the limit of possibility
and in consideration of the
participation of Berlin in. the
foreign currency control by the
Federal Republic, with the
necessary foreign currency;
(f) to take all necessary measures
on its part to ensure that the
city remains in the currency
area of the Deutsche Mark
West, and that an adequate
money supply is maintained in
the city;
(g) to assist in the maintaining in
Berlin of adequate stockpiles
of supplies for emergencies;
(h) to use its best efforts for the
maintenance and improve-
ment of trade and of com-
munications and transporta-
tion facilities between Berlin
and the Federal territory, and
to cooperate in accordance
with the means at its disposal
in their protection or their
re-establishment;
(i) to continue its efforts to com-
pensate, as heretofore, the
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112 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
Schedule of Amendments-Continued
Bundes-
gesetz-
Letter blatt 1954
Teil II
Nr. 3
1, paragraph 3 Page 242
2, paragraph---- Page 244
9, second sen- Page 252
tence.
11, first sen- Page 308
tence.
Annex the following-Continued
disproportionate burden
placed on Berlin as a result of
the admission of refugees;
(j) to ensure the representation of
Berlin and of the Berlin popu
lation outside Berlin, and to
facilitate the inclusion of
Berlin in the international
agreements concluded by the
Federal Republic, provided
that this is not precluded by
the nature of the agreements
concerned.
Delete the words "sub-paragraph (c) of
paragraph 1 of".
Delete "Law No. 23".
Insert after "1947" the words "or such
provisions as may replace them".
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TEXTS OF LETTERS EXCHANGED IN MAY 1952 IN CONNEC-
TION WITH THE SIGNING OF THE CONVENTION ON
RELATIONS BETWEEN THE FEDERAL REPUBLIC OF GER-
MANY AND THE THREE POWERS AND THE RELATED
CONVENTIONS 1
26 MAY 1952
His Excellency,
The CHANCELLOR OF THE FEDERAL REPUBLIC OF GERMANY
Mr. CHANCELLOR:
As we have already advised you during our discussions on the Con-
ventions between the Three Powers and the Federal Republic which
have been signed today, the reservation made on 12 May 1949 by the
Military Governors concerning Articles 23 and 144 (2) of the Basic
Law will, owing to the international situation, be formally maintained
by the Three Powers in the exercise of their right relating to Berlin
after the entry into force of those Conventions.
The Three Powers wish to state in this connection that they are
nonetheless conscious of the necessity for the Federal Republic to
furnish aid to Berlin and of the advantages involved in the adoption
by Berlin of policies similar to those of the Federation.
For this reason they have decided to exercise their right relating to
Berlin in such a way as to facilitate the carrying out by the Federal
Republic of its declaration attached to the Convention on Relations
between the Three Powers and the Federal Republic and to permit
the Federal authorities to ensure representation of Berlin and of the
Berlin population outside Berlin.
Similarly, they will have no objections if, in accordance with an
appropriate procedure authorized by the Allied Kommandatura,
Berlin adopts the same legislation as that of the Federal Republic,
in particular regarding currency, credit and foreign exchange, nation-
ality, passports, emigration and immigration, extradition, the unifica-
tion of the customs and trade area, trade and navigation agreements,
freedom of movement of goods, and foreign trade and payments
arrangements.
In view of the declaration of the Federal Republic concerning
material aid to Berlin and the charge on the Federal budget of the
occupation costs of the Three Powers in Berlin in accordance with the
provisions of existing legislation, the Three Powers will be prepared
to consult with the Federal Government prior to their establishment
of their Berlin occupation cost budgets. It is their intention to fix
I Letters bear the . rneji=bera as set forth in, the. Federal Republic's Official Gazette (Bundesgesetz-
blatt) 1954, Part II, Number 3, pages 242 to~{29inclusive,
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114 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
such costs at the lowest level consistent with maintaining the security
of Berlin and of the Allied Forces located there.
For the Government of the United States of America:
/s/ JOHN J. MCCLOY
U. S. High Commissioner for Germany
For the Government of the Republic of France:
/s/ A. FRANCOIS-PONCET
French High Commissioner for Germany
For the Government of the United Kingdom of Great Britain and
Northern Ireland:
/S/ IVONE KIRKPATRICK
U. K. High Commissioner for Germany
His Excellency,
The CHANCELLOR OF THE FEDERAL REPUBLIC OF GERMANY.
Mr. CHANCELLOR
In the course of our recent conversations you asked us to confirm
that the right relating to Germany as a whole reserved by the Three
Powers in Sub-paragraph (c) of paragraph 1A of the Convention on
Relations between the Three Powers and the Federal Republic of
Germany cannot be interpreted as permitting them to affect adversely
the relations established between themselves and the Federal Republic
by the Conventions signed today.
We have the honor to inform you that our Governments do not in-
terpret the right in question as permitting the Three Powers to
derogate from their undertakings to the Federal Republic in the.
Conventions signed today.
For the Government of the United States of America
/s/ JOHN J. MCCLOY
U. S. High Commissioner for Germany
For the Government of the Republic of France
/s/ A. FRANCOIS-PONCET
French High Commissioner for Germany
For the Government of the United Kingdom of Great Britain and
Northern Ireland
/S/ IVONE KIRKPATRICK
U. K. High Commissioner for Germany
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 115
His Excellency,
The CHANCELLOR OF THE FEDERAL REPUBLIC OF GERMANY
MR. CHANCELLOR,
During the discussions on the Conventions which have been signed
today, you have raised the question whether certain provisions of
these Conventions might be put into effect before the time provided
,for in the Conventions themselves.
We wish to inform you that when the Conventions have been
ratified by all the parties to them our Governments will be prepared
if there is any undue delay on the part of other powers in ratifying the
Treaty on the Establishment of the European Defence Community
to hold a meeting with the Federal Government to consider the
situation, and to determine whether arrangements may be made to
put certain provisions contained in the Conventions into effect prior
to the entry into force of the Conventions.
DEAN ACHESON
Secretary of State United States of America
ROBERT SCHUMAN
Foreign Minister of the Republic of France
ANTHONY EDEN
Her Britannic Majesty's Principal Secretary of State for Foreign
Affairs
4
OFFICE OF THE UNITED STATES
HIGH COMMISSIONER FOR GERMANY
Bad Godesberg
Mehlemer Aue
Mr. FRITZ SCHAEFFER [MAY 26, 1952]
Minister for Finance for the Federal Republic of Germany
118 Rheindorfer Strasse
Bonn
DEAR MINISTER SCHAEFFER,
Concerning the privileges to be extended to the banks which serve
the Forces under paragraph 2 (a) of Article 36 of the "Convention
Concerning the Rights and Obligations of Foreign Forces and their
Members in the Federal Republic of Germany":
The privileges to be extended to these banks as organizations will
be limited to those set forth in paragraph 5 of Article 36 of the Con-
vention except that the banks will also be assimilated to the Forces
with respect to income profits and property taxes as set forth in Article
4 of the Special Agreement referred to in Article 33 of this Convention.
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116 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
So far as employees of the banks are concerned they will only be
assimilated to members of the Forces to this extent:
(a) retaining criminal jurisdiction over them in respect 1,o
crimes against the United States or United States property
arising out of their duties with the banks;
(b) the provision of accommodation where private rental is
not practicable (the cost of which otherwise comes from the
United States Treasury) ;
(c) the privilege to possess and use scrip; and
(d) enjoyment of the tax exemptions granted members of the
Forces, so far as the employees perform functions which other-
wise would be performed by military fiscal agents of the United
States.
Please accept, Sir, the renewed assurance of my high esteem
JOHN J. MCCLOY
United States High Commissioner for Germany
26 MAY 1952
His Excellency,
The CHANCELLOR OF THE FEDERAL REPUBLIC OF GERMANY,
Palais Schaumburg,
141 Koblenzerstrasse, Bonn.
Mr. CHANCELLOR:
I refer to the provisions of paragraphs 3 and 5 of Article 4 of the
Finance Convention and to say that the three High Commissioners
consider it desirable to state that their understanding of these pro-
visions is as follows:
Amounts due under payment documents issued before the entry
into force of the Finance Convention will not be charged to the
amounts specified in paragraph 3 of Article 4 of the Convention
unless at the date of its entry into force the goods or services
covered by such payment documents have not actually been de-
livered or rendered.
In this connection the three High Commissioners wish to reaffirm
the statement made in their letter of 10 May 1952 (AGSEC (52) 430)
with regard to anticipatory payments made prior to 31 March 1952,
which statement conforms to the principle of the understanding stated
above.
I shall be glad if you will confirm this understanding.
I beg Your Excellency to accept the renewed assurance of my high-
est consideration.
/s/ John J. McCloy
JOHN J. MCCLOY
Chairmax;
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 117
FEDERAi, REPUBLIC OF GERMANY
THE FEDERAL CHANCELLOR
To the Chairman of the Council
of the Allied High Commission for Germany
His Excellency, Mr. JOHN J. MCCLOY
Mehlem
Mr. HIGH COMMISSIONER,
Bonn, May ,26, 195'
I am honored to acknowledge the receipt of your letter of May 26,
1952-AGSEC (52) 487-which reads as follows:
"I refer to the provisions of paragraphs 3 and 5 of Article 4
of the Finance Convention and to say that the three High Com-
missioners consider it desirable to state that their understanding
of these provisions is as follows:
Amounts due under payment documents issued before the
entry into force of the Finance Convention will not be
charged to the amounts specified in paragraph 3 of Article
4 of the Convention unless at the date of its entry into force
the goods or services covered by such payment documents
have not actually been delivered or rendered.
In this connection the three High Commissioners wish to
reaffirm the statement made in their letter of 10 May 1952
(AGSEC (52) 430) with regard to anticipatory payments made
prior to 31 March 1952, which statement conforms to the prin-
ciple of the understanding stated above,
I shall be glad if you will confirm this understanding."
I avail myself of this opportunity, Mr. High Commissioner, to
renew the assurances of my highest consideration.
Signed: ADENAUER
His Excellency
The CHANCELLOR OF THE FEDERAL REPUBLIC OF GERMANY,
Palais Schaumburg,
141 Koblenzerstrasse, Bonn.
Mr. CHANCELLOR:
I refer to paragraph 2 of Article 6 of the Finance Convention which
provides that the appropriate German authorities shall, after presen-
tation to them of a payment authorization issued by the Forces, effect
the payment in the amount shown in the payment authorization. It
is agreed to be in the interest of all concerned that payment shall be
made as early as possible.
Accordingly, I understand it has been agreed that the appropriate
German authorities will deal with such payments as follows:
1. Except as provided in paragraph 3, payment shall be made
within fifteen days after presentation of the payment authoriza-
tion.
2. " Payment of wages and salaries shall be effected within one
week after presentation of the payment authorization.
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118
3. In exceptional cases the payment period referred to in para-
graph 1 may be exceeded if the appropriate authorities of the
Forces do not object. The German authorities will give prior
notice to the authorities of the Forces of the necessity for such
an extension of the period and the reasons therefor.
I would appreciate your confirmation of this understanding.
I beg Your Excellency to accept the renewed assurance of my high-
est consideration.
/s/ John J. McCloy
JOHN J. MCCLOY
Chairman
FEDERAL REPUBLIC OF GERMANY
THE FEDERAL CHANCELLOR
To the Chairman of the Council
of the Allied High Commission for Germany
His Excellency, Mr. JOHN J. MCCLOY
Mehlem
Mr. HIGH COMMISSIONER:
Bonn, May 26, 1952
I am honored to acknowledge the receipt of your letter of this date,
in which you refer to Article 6, Paragraph 2 of the Finance Conven-
tion. I am in agreement with the contents of your letter.
I avail myself of the opportunity, Mr. High Commissioner, to re-
new the assurances of my highest consideration.
ADENAUER
His Excellency,
The CHANCELLOR OF THE FEDERAL REPUBLIC OF GERMANY,
Palais Schaumburg,
1,141 Koblenzerstrasse, Bonn.
Mr. CHANCELLOR:
I refer to paragraph 1 of Article 10 of the Finance Convention
which provides that payments by the Federal Republic in satisfaction
of any claims referred to in Article 3 of Chapter Nine of the Con-
vention on the Settlement of Matters arising out of the War and the
Occupation may be charged to the funds for the support of the Forces
only to the extent agreed between the Federal Republic and the
Powers concerned.
I wish to say that the Three Powers agree that payments made by
the Federal Republic, in accordance with paragraph 3 of Article 3
of Chapter Nine of the Convention on the Settlement of Matters
arising out of the War and the Occupation, upon claims under Allied
High Commission Law No. 47 for occupation damage suffered within
three months before the date of entry into force of the Finance Con-
vention, may be charged to the funds for the support of the Forces in
accordance with Article 6 of the Finance Convention.
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 119
Furthermore, in accordance with our understanding of 21 May
1952, I wish to say that the Three Powers agree to charge to the funds
for the support of the Forces any amounts expended as occupation
costs and mandatory expenditures against payment documents is-
sued by the Occupation Forces and Authorities between 1 April 1952
and 1 November 1952, to the extent that such amounts exceed a
monthly average of DM 600 million.
The agreements expressed above are based upon the assumption
that the Finance Convention will not enter into force before 1 No-
vember 1952, and it is agreed that, if the Convention should enter into
force before that date, it will be necessary to reconsider both of the
above agreements.
I would appreciate your confirmation of the above agreement.
I beg Your Excellency to accept the renewed assurance of my
highest consideration.
/s/ John J. McCloy
JOHN J. MCCLOY
Chairman
7b
(Translation]
FEDERAL REPUBLIC OF GERMANY,
THE FEDERAL CHANCELLOR
Bonn, May 26, 195,2
To the Chairman of the Council
of the Allied High Commission for Germany
His Excellency, Mr. JOHN J. MCCLOY
Meh,lem.
Mr. HIGH COMMISSIONER,
I am honored to acknowledge the receipt of your letter of this date
concerning claims arising from occupation damages and to inform
you, that I am in agreement with its contents.
I avail myself of this opportunity, to renew, Mr. High Commis-
sioner, the assurances of my highest consideration.
Signed: ADENAUER
His Excellency,
The CHANCELLOR OF THE FEDERAL REPUBLIC OF GERMANY
Mr. CHANCELLOR,
The Three Powers advise you that, in the exercise of their rights
relating to Berlin and to Germany as a whole, including the unifica-
tion of Germany and a peace settlement, referred to in Article 2 of the
Convention on Relations between the Three Powers and the Federal
Republic of Germany, they will require that the following legislation
of the, Control Council be not deprived of effect in the Federal terri-
tory by the Federal Republic: Proclamation No. 1 and Directives
Nos. 1, 2, 4-7, 11-13, 17, 20, 21, 34, 36, 42, 43, 49, 51 and 53.
Nothing in this letter is intended to or shall be construed as mmodi-
fying in any way the new relations between the Three Powers and the
Federal Republic established by the Convention on Relations between
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120 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
the Three Powers and the Federal Republic of Germany and the
related Conventions.
/s/ DEAN ACHESON
Secretary of State, United States of America
/s/ ROBERT SCHUMAN
Foreign Minister of the Republic of France
/s/ ANTHONY EDEN
Her Britannic Majesty's Principal Secretary of State
for Foreign Affairs
MAY 26, 1952
To: Foreign Ministers [US/UK/France]
I acknowledge receipt of your letter of 26 May 1952. The Federal
Government notes that, in the opinion of the Three Powers, the main-
tenance of the Control Council Provisions listed in that letter is
necessary in connection with their ? rights relating to Berlin and to
Germany as a whole. The Federal Government is of the opinion that
these provisions for the most part represent provisions of internal
procedure of the Control Council which cannot be the subject of
German legislative authority and which, therefore, cannot be de-
prived of effect by German legislative bodies. The Federal Govern-
ment recognizes that the remainder of these provisions, which relate
to interzonal traffic, fall within the right of the Three Powers relating
to Berlin and to Germany as a whole.
/s/ ADENAUER
9
ALLIED HIGH COMMISSION FOR GERMANY
The Council
Bonn-Petersberg
23 May 1952
AGSEC (52) 476
His Excellency,
The CHANCELLOR OF THE FEDERAL REPUBLIC OF GERMANY
Mr. CHANCELLOR:
In the course of negotiation of the Convention on the Settlement of
Matters Arising out of the War and the Occupation, the Federal
Government has requested the Allied High Commission to deprive of
effect in the territory of the Federal Republic certain legislation of the
Control Council, I have the honor to inform you that the Council of
the Allied High Commission, after consideration of this request, has
decided that it will deprive of effect in the Federal territory, with
effect from the date of coming into force of the Convention on Rela-
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tions between the Three Powers and the Federal Republic of Germany
and the Related Conventions, the following legislation of the Control
Council: Proclamation No. 2, Law No. 23, Law No. 25, and Articles
III, IV and V of Law No. 10.
I beg Your Excellency to accept the renewed assurance of my highest
consideration.
JOHN J. MCCLOY
Chairman
26 MAY 1952
His Excellency,
The CHANCELLOR OF THE FEDERAL REPUBLIC OF GERMANY
Mr. CHANCELLOR,
In the Convention on the Settlement of Matters Arising Out of the
War and the Occupation, a provision is included in paragraph 2 of
Article 2, Chapter One, to the effect that all rights and obligations aris-
ing under certain treaties and international agreements concluded on
behalf of one or more of the three Western Zones of Occupation by
the Occupation authorities, or by one or more of the Governments of
the Three Powers, are and shall remain valid as though they had
arisen under effective treaties and international agreements concluded
by the Federal Republic.. The provision in question makes reference
to a list of such treaties and international agreements to be transmitted
to you with a communication from the -High Commissioners on behalf
of their Governments.
This letter and the list enclosed with it (which has been agreed upon
by your representatives and the representatives of the Three Powers)
are intended to be the communication and list referred to in the above-
mentioned provision of the Convention on the Settlement of Matters
Arising Out of the War and the Occupation. We should be grateful
if you would confirm your acceptance of this letter and the enclosed
list as constituting the communication and list referred to in the
Convention.
For the Government of the United States of America
JOHN J. MCCLOY
U. S. High Commissioner for Germany
For the Government of the Republic of France
ANDRE FRANQOIS-PONCET
French High Commissioner for Germany
For the Government of the United Kingdom of Great Britain and
Northern Ireland
IVONE KIRKPATRICK
U. K. high Commissioner for Germany
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lob
TECHNICAL, AGREEMENTS OR UNDERSTANDINGS IN
THE NATURE OF AGREEMENTS WITH FOREIGN COUN-
TRIES, TERRITORIES OR POSSESSIONS AND WITH
CERTAIN INTERNATIONAL ORGANIZATIONS MADE ON
BEHALF OF ONE OR MORE OF THE WESTERN ZONES
OF GERMANY BY ONE OR MORE OF THE THREE WEST-
ERN OCCUPYING POWERS.
(This list is subdivided to show, as far as can be determined, those
treaties and agreements still in force (Part 1) and those out of force
(Part II). However, the appearance of a particular treaty in either
of these categories is not to be construed as conclusive, evidence of its
actual status.)
PART I-AGREEMENTS STILL IN, FORCE
Fuel and Power
1. Agreement by the US/UK Military Governments and Austria
providing for diversion of the Rissbrock and other small streams in
Austrian Tyrol. June 29, 1948
Ratified; by the Bipartite Control office. August 25, 1948
Travel Control
1. Frontalier agreement between French Zones of Germany and
Austria. February 1, 1948 (Bregenz)
Amended February 2, 1950 (Lindau)
2. Frontalier Agreement between US.Zone of Germany and US/
French Zones of Austria. May 15, 1949
3. Kleines Walsertal Jungholz agreement between the CTB and
Austria. Control of traffic between the Austrian enclaves and
Austria. July 26, 1950
Reaffirmation of an Agreement of 1890.
4. Agreement concerning Danube traffic between the Allied au-
thorities in Austria and the Danube River Field Organization, IWT
Division, Bipartite Control Office, at Frankfurt and Ratisbourne.
Concerns the movement of persons engaged in work on the Danube,
applicable to boatmen from Austria and Yugoslavia. May 1, 1949
5. Agreement in respect of Zugspitze-Garmisch. This agreement
was reached by the CTB, German and Austrian authorities to facili-
tate short term frontalier excursion traffic between Garmisch and
Zugspitze via Griesen (the crossing point in each direction).
Still in force.
All necessary instructions for control of .travellers were issued locally
to the German authorities in May 1950.
Transport
1. Rolling stock restitution and exchange Agreements between the
Allied High Commission and Belgium dated April 5, 1950, and March
21, 1951.
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Trade and Payments
1. Protocol between the Belgo-Luxembourg Economic Union and
the Military Governments for Germany (US/UK) covering trade and
payments between the Belgo-Luxembourg Economic Union, including
the Belgian Congo and the US/UK Occupied Areas of Germany,
negotiated on June 11, 1948, and ratified by the Governments con-
cerned on August 6, 1948.
2. Third Additional Trade Protocol to the Trade Agreement be-
tween the Belgo-Luxembourg Economic Union and Military Govern-
ments of Germany (US/UK) of August 6, 1948, signed in Frankfurt
November 16, 1949, to come into force retroactively as of October
1949.
Posts and Telecommunications
?. 1. Postal Agreement between Allied Control Authority and Postal
and Telecommunications Administration of Belgium.
Parcels from Germany to prisoners-of-war. August 1, 1947
Travel Control
1. Frontalier Agreement between Belgium and the French Zone of
Germany. April 23, 1948 (Koblenz)
2. Frontalier Agreement between Belgium and the British Zone of
Germany. March 1, 1949
3. Agreement concerning the delivery of frontalier laissez-passer
between Germany and territories turned over to Belgium at the time
of rectifications of boundaries. April 14, 1949
War Dead
1. Agreement between US Military Government and the Belgian
Ministry of the Interior.
Repatriation of Belgian War Dead. December 6, 1949
IRO and DPs
1. Agreement between US HICOG and Belgium regarding return
to Germany of DPs resettled in Belgium. Arranged on January 1,
1951, in Bonn between representatives of DP Division, HICOG, and
Belgian Embassy.
BULGARIA
Trade and Payments
1. Payments Agreement dated November 11, 1947, between the
Military Governments for Germany (US/UK) and the Government
of the People's Republic of Bulgaria.
2. Protocol to extend and amend the Payments Agreement dated
November 11, 1947, between the Military Governments of Germany
(US/UK) and the People's Republic of Bulgaria, initialled in Frank-
furt, August 31, 1949.
3. First Additional Protocol with reference to the Agreement cover-
ing trade between the People's Republic of Bulgaria and the US/UK
Occupied Areas of Germany, dated October 4, 1947, initialled July 28,
1950, and signed November 7, 1950.
Trade and Payments
1. Agreement between the USA and China providing for the appli-
cation of most favoured nations treatment to areas under occupation
and control. July 3, 1948
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1 PROTOCOLS ON THE FED RAL P C
Trade and Payments
1. Payments Agreement between the Allied High Commission for
Germany (US/UK and France) and the Royal Danish Government,
initialled in Frankfurt, November 25, 1949.
Travel Control
1. Frontalier agreement between Denmark and the CTB Traffic
from South Schleswig to Denmark.
Exchange of letters. August 5, 1950
ECUADOR
Trade and Payments
1. Payments Agreement between the Government of the Republic
of Ecuador and the Allied High Commission for Germany covering
trade between Ecuador and the Federal Republic of Germany, signed
January 16, 1950.
Trade and Payments
1. Economic Cooperation Agreement between US/UK Military
Governments and Trieste on the one hand, and the U. S. on the other.
October 15, 1948
2. Economic Cooperation Agreement between the US/UK Military
Governments and the U. S. A. July 14, 1948
3. Economic Cooperation Agreement between the French Military
Government and the U. S. A. July 9, 1948
Posts and Telecommunications
1. Postal Agreement between the US/UK and French Military
Governments and the postal and telecommunications administration
of the U. S. A.
International Money Order Service (incoming only) for remittances
of a personal, family or charitable nature. January 31, 1949
Transport
1. Rolling stock restitution and exchange agreements between Allied
High Commission and France dated February 24, 1950, April 2, 1951,
and September 27, 1951.
Posts and Telecommunications
1. Postal Agreement between Allied Control Authority and Postal
and Telecommunications Administration of France.
Parcels from Germany to prisoners-of-war. December 1, 1947
2. Postal Agreement between Allied Control Authority and Postal
and Telecommunications Administration of France.
Parcels from prisoners-of-war to Germany. March 1, 1947
Travel Control
1. Regulations in respect of Frontalier Travel between France and
the adjoining German territory.
Decree dated March 6, 1946, from the French Ministry of the
Interior, notified for execution to the Prefects of Haut-Rhin, Bas-Rhin
and Moselle, promulgated in the French Zone by the French C.i.C.
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 125
HUNGARY
Trade and Payments
1. Protocol of the discussions of a Mixed Commission of the Govern-
ment of the People's Republic of Hungary and the Military Govern-
ments of Germany (US, UK and French) initialled November 22, 1950,
and signed Budapest, May 29, 1951.
2. Protocol between the Government of the Hungarian Republic
and Military Governments for Germany (US/UK) initialled in
Frankfurt, August 6, 1948.
Transport
1. Rolling Stock Restitution and Exchange Agreement between
AHC and Hungary of January 28, 1952.
Trade and Payments
1. Trade Agreement between the Government of the Empire of Iran
and the US, UK and French Military Governments of Germany,
initialled Frankfurt, May 25, 1949.
2. Payments agreement between the Government of the Empire of
Iran and the US, UK and French Military Governments of Germany.
Initialled in Frankfurt May 25, 1949, and signed July 1, 1949.
Labour
1. Agreement with Iceland. An agreement for the recruitment of
German labour for Iceland concluded between, on the one hand,
U. K. Military Government and the Land Government of Schleswig-
Holstein and, on the other, the Icelandic Government. May 1949
ITALY
Transport
1. Rolling Stock restitution and exchange agreement between the
Allied High Commission and Italy dated March 16, 1950.
War Dead
1. Agreement between US Military Government and the Italian
Consulate General.
Repatriation of Italian War Dead. November 7, 1949
Transport
1. Agreement between the French Military Government and Lux-
embourg on reconstruction of border bridges dated January 29, 1949.
2. Rolling Stock restitution and exchange agreement between the
Allied High Commission and Luxembourg dated May 11, 1950.
Travel Control
1. Agreement concerning fishing and small pleasure craft on bound-
ary rivers between the French Zone and Luxembourg.
April 25, 1947
42118-I:x. L and M, 83-2-9
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126 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
Trade and Payments
1. Payments Agreement between Military Government for Ger-
many (US, UK and French) and the Royal Norwegian Government,
initialled Frankfurt, September 9, 1949.
Transport
1. Rolling Stock restitution and exchange agreement between the
Allied High Commission and the Netherlands dated August 31, 1950.
Trade and Payments
1. Agreed Minute of trade discussions between a Western German
Delegation representing the US, UK and French Military Govern-
ments and a Netherlands Delegation, initialled in Frankfurt, Sep-
tember 7, 1949, and a Payments Agreement between the Military
Governments for Germany (US, UK and French) and the Govern-
ment of the Kingdom of the Netherlands, initialled Frankfurt, Sep-
tember 7 1949.
2. Additional Agreement to the Payments Agreement between the
Military Governments for Germany (US, UK and French) and the
Government of the Kingdom of the Netherlands, dated September 7,
1949, initialled February 2, 1950 and signed March 16, 1950.
Travel Control
1. Netherland-German agreement concerning frontalier laissez-
passer. October 15, 1949
Amended on several occasions (November 16, 1949, January 6,
1950, 15/21 February 1950, December 5, 1950, March 5, 1951, May
10, 1951, June 2, 1951, July 24, 1951, August 10, 1951).
War Dead
1. Agreement between US High Commissioner and Netherlands
Graves Registration Mission providing for repatriation of Dutch
war dead to the Netherlands. August 18, 1950
POLAND
Transport
1. Rolling Stock restitution and exchange agreement between the
Allied High Commission for the Governments of France, Belgium
and the Netherlands on the one hand and the Government of Poland
on the other hand, dated July 8, 1950.
Trade and Payments
1. Trade Agreement between the Government of the Republic of
Poland and the US, UK and French Military Government of Ger-
many, initialled June 30, 1949.
2. Agreed Minutes of the discussions of a Mixed Commission from
the Government of the Polish Republic and the US, UK and French
Military Governments for Germany, initialled July 6, 1950 and sig:2ed
October 9, 1950.
3. Payments agreement between the Republic of Poland and the
Military Governments of Germany, US, UK and French, initialled
Frankfurt, June 30, 1949.
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 127
Travel Control
1. Frontalier Agreement between the Saar territory and the French
Zone. July 1, 1948
Amended on several occasions by the Mixed Commission. (Octo-
ber 26, 1948, May 19, 1949, December 23, 1949, July 26, 1950.)
2. Frontalier Regulations for frontalier travel between the Saar
and the Federal Republic. February 1, 1951
Completed on March 2, 1951 and amended on July 19, 1951.
Labour
1. Operation "Artisan": A scheme for recruitment of workers for
employment by the British War Department in Cyrenaica, negotiated
by the UK. Element of the Labour Affairs Committee of the Allied
High Commission with the consent of the US and French elements
with the Federal Government. No formal agreement.
October 3, 1949
2. "Sudeten" Scheme: An agreement for the recruitment of
Sudeten workers for employment in Great Britain concluded by
UK and US Military Governments in Germany. March 18, 1949
3. "North Sea" Scheme: An agreement arranged between UK
Military Government and the UK Ministry of Labour and National
Service. No formal agreement was signed. June 1948
4. "Westward Ho" Scheme: An agreement arranged between US
Military Government and the UK Ministry of Labour and National
Service. No formal agreement, terms and conditions contained in
ZEI, No. 9. May 1947
THE SAAR
Power and Fuel
1. Agreement between UK Military Governor and Soviet Military
Administration. Supply of power to British Zone from Harbke
Power Station in exchange for brown coal from Helmstedt area.
October 1, 1948
War Dead
1. Agreement between U. S. High Commissioner and Soviet Occu-
pation authorities providing for repatriation of remains of Soviet
citizens to the Soviet Union and also providing for the perpetual
maintenance of Soviet graves in Germany. May 4, 1951
Trade and Payments
1. Payments Agreement between Military Governments for Ger-
many, US, UK and France, and the Swiss Federal Government,
initialled Berne, August 27, 1949.
2. Agreed Minutes of certain financial matters between a Delegation
of the three Western Zones of Germany and a Swiss Delegation signed
in Berne, August 27, 1949.
3. Special protocol concerning the transfer of wages, salaries, pen-
sions, annuities, and doctors-fees in frontalier traffic between Western
Germany and Switzerland, initialled Berne, August 1949.
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128 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
Transport
1. Convention for the regularisation of the upper Rhine by France
(on behalf of the French Zone) and Switzerland dated December 19,
1947.
Travel Control
1. Frontalier Agreement in respect of the control of persons and
goods between the French Zone of Germany and Switzerland.
November 3, 1945 (Berne)
(This agreement provides for the establishment of a mixed com-
mission to resume its proper operation. It has met on ten occasions.)
2. Agreement between CTB and Switzerland in respect of touriets
on the Germany/Swiss frontier. October 16, 1950
Amended on 24/25 October 1950.
Concerns the frontalier zones of both countries.
Transport
1. Rolling stock exchange agreement between the Military Gov-
ernments for Germany (UK and US) and Czechoslovakia dated
August 10, 1949.
Trade and Payments
1. Agreed Minute of the discussions between representatives of the
Government of the Republic of Czechoslovakia and representatives of
the Allied High Commissioners of Germany (US, UK and French)
initialled in Frankfurt, October 21, 1949.
2. Agreement between the Government of the Republic of Czecho-
slovakia and the Military Governments of Germany (US/UK) con-
cerning the exchange of goods, services and payments between Czecho-
slovakia and the US/UK Occupied Areas of Germany Initialled Sep-
tember 30, 1948, signed December 3, 1948.
3. Protocol on Payments to amend the Payments Agreement dated
September 5, 1947 as amended between Military Governments for
Germany (US, UK and French) and the Government of the Republic
of Czechoslovakia, initialled Frankfurt, October 21, 1949.
Posts and Telecommunications
1. Postal Agreement between Allied Control Authority and Postal
and Telecommunications Administration of Czechoslovakia.
Parcels from Germany to prisoners-of-war. November 15, 1947
IRO and DPs
1. Minutes of discussion between representatives of the High Com-
mission and CSR held in Prague on January 28 and 30, 1950 concerning
technical details in connection with the emigration of 20,000 persons of
German ethnic origin from Czechoslovakia for the purpose of joining
their families already established in Germany.
Trade and Payments
1. Agreement between the Government of the Republic Oriental
of Uruguay and the Allied High Commission for Germany, covering
trade between Uruguay and the Federal Republic of Germany,
initialled Frankfurt, October 11, 1949.
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
2. Payments Agreement between the Government of the Republic
Oriental of Uruguay and the Allied High Commission of Germany,
initialled October 11, 1949.
Transport
1. Rolling Stock restitution and exchange Agreement between the
Allied High Commission and Yugoslavia dated April 22, 1950.
Trade and Payments
1. Protocol between the Government of the People's Federal
Republic of Yugoslavia and the Allied High Commission for Germany,
amending the Payments Agreement between the Government of the
People's Federal Republic of Yugoslavia and the Military Govern-
ments for Germany, US/UK dated April 28, 1948 as amended by an
amendment dated March 31, 1949 and an amendment dated Sep-
tember 2, 1949, initialled in Frankfurt on November 21, 1949.
Posts and Telecommunications
1. Postal Agreement between Allied Control Authority and Postal
and Telecommunications Administrations of Yugoslavia.
Parcels from Germany to prisoners-of-war. October 15, 1947
Travel Control
1. Agreement concerning Danube traffic between the Allied author-
ities in Austria and the Danube River Field Organization, IWT
Division, Bipartite Control Office, at Frankfurt and Ratisbourne.
Concerns the movement of persons engaged in work on the Danube,
applicable to boatmen from Austria and Yugoslavia. May 1, 1949
Posts and Telecommunications
Universal Postal Union
The Reich was full member of this - organization. The Federal
Republic is not a member or associate member of the U. P. U. By
AGSEC (49) 315, the A. H. C. specified that the Federal Republic
would observe the procedure, regulations and recommendations of
the U. P. U. This obligation will remain in force until the Federal
Government, by acceding to the Union, assumes direct responsibility
for such observance.
Displaced Persons and International Refugee Organization
1.*) Agreement between IRO and, the Commander-in-Chief,
European Command, U. S. Army. Definition of the relative func-
tions and responsibilities of IRO and the Commander-in-Chief,
U. S. Army, in respect of DP's and non-German refugees in Germany.
July 28, 1948
2. *) Agreement between the U.S. Military -Government and IRO.
July 9, 1947
Welfare
1. UN (UNICEF)' Agreement between UNICEF 'and French,
British and US Military Governments. Assistance and delivery of
*) With the final liquidation of IRO this obligation will cease to exist.
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~~ PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
gifts to needy children in Germany. (Completed April 3 and June 22,
1949). April 2, 1949
2. LICROSS (League of Red Cross Societies)-Agreement between
LICROSS and US Military Government concerning gift shipments
and welfare supplies. June 14, 1947
Travel Control
1. Central Rhine Commission:
Agreement concerning Rhine traffic-Issue of travel documents and
control of movement of persons working in Rhine traffic. 1946
Transport
1. Accession by France, UK and US on behalf of their respective
occupation zones in Germany to agreement on freedom of the road
with regard to:
(a) freedom of transit for transport of goods by road;
(b) freedom of transport of goods by road other than in transit;
(c) freedom of international tourist traffic by road;
(d) the most liberal application of the authorization systems
for all international passenger transport by road, and, in particu-
lar, for international tourist traffic services not falling under (-.).
Recorded in the Minutes of the ECE working party-E/ECE/
TRANS/32. January 1, 1948
2. International Merchandises Convention.
International Passengers Convention.
(Reich was full member of both organizations. The Fede_?al
Republic is not, so far, a member but it implements the regulations of
the Conventions).
Posts and Telecommunications
1. Agreements concerning international postal and telecommunica-
tions services relating to Germany as a whole, concluded by the Allied
Control Authority with foreign administrations, in so far as replace-
ment agreements or arrangements have not been put into application
since then.
Radio Frequencies
1. International Administrative Aeronautical Conference, Geneva,
1948. Allocation of aviation frequencies. (Requirements were
submitted and met for occupying forces services operated in support
of civil aviation.)
1. Telecommunications Agreement between US, UK and French
Military Governments and the postal and telecommunications adm'_n-
istration of Alaska.
Telephone Service. April 15, 1949
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
Posts and Telecommunications
1. Telecommunications Agreement between US, UK and French
Military Governments and the postal and telecommunications admin-
istration of Algeria.
Telephone Service. June 5, 1949
Trade and Payments
1. Protocol governing Trade and Payments. US, UK and French
Military Governments of Germany and the Government of the
Argentine Republic effective from May 5, 1949 until March 31, 1950
and further supplemented by Trade and Payment Agreement be-
tween the Government of the Federal Republic of Germany and the
Government of the Republic of the Argentine of June 9, 1950 for one
year, subject to automatic extension unless termination notice is
given.
Posts and Telecommunications
1. Telecommunications Agreement between the US and UK
Military Governments and Argentine.
Telegraph Service. November 24, 1947
November 26, 1947
Trade and Payments
1. Protocol between Austria and the US and UK Military Govern-
ments covering trade and payments between Austria and the US
and UK Occupied Areas of Germany, of August 15, 1948, to remain
in effect until August 14, 1949.
2. Agreed Minutes of discussions of April 14, 1949 between repre-
sentatives of the Government of Austria and the Military Governors
of the US, UK and French Occupied Areas of Germany amending
the Payments Agreement of July 1.1, 1947 and extending it to include
the French Zone of Occupation of Germany and the extension of the
Protocol of August 15, 1948 to include trade between Austria and
the French Zone of Germany.
3. Special Agreement of August 26, 1947 between the US and UK
Military Governments of Germany and Austria concerning payment
for coal and electricity between Austria and the UK and US Zones
of Germany.
4. Payments Agreement between the US and UK Military Gov-
ernments of Germany and Austria of July 11, 1947 extended on
April 14, 1949 to include the French Zone of Occupation in Germany.
5. Agreed Minute of discussions of representatives of the Military
Governments of Germany (US, UK and France) and the Austrian
Federal Government of August 5, 1949 to cover period August 15,
1949 to August 14, 1950.
6. Agreement between the USA and Austria providing for the
application of most favoured nations treatment to areas under occupa-
tion and control. July 2, 1948
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Fuel and Power
1. Agreement between US/UK Military Governments and the
Government of Austria. Exchange of Power. July 7, 1947
(Since final rates in payment have not yet been determined there
are certain obligations outstanding despite the expiry of the agree-
ment.)
Posts and Telecommunications
1. Telecommunications Agreement between US, UK and French
Military Governments and the postal and telecommunications ad-
ministration of Austria.
Telephone Service. August 31, 1949
2. Telecommunications Agreement between the US, UK and French
Military Government and the postal and telecommunications adminis-
tration of Austria.
Telegraph Service. August 31, 1949
Law and Repression of Crime
1. Agreement between the French element of the Allied High
Commission and Austria concerning the renunciation by both parties
of the collection of duties resulting from the execution of rogatcry
commissions. February 14, 1950
BAHAMAS
Posts and Telecommunications
1. Telecommunications Agreement between US, UK and French
Military Governments and the postal and telecommunications
administration of the Bahamas.
Telephone Service. April 15, 1949
BARBADOS
Posts and Telecommunications
1. Telecommunications Agreement between US, UK and French
Military Governments and the postal and telecommunications
administration of Barbados.
Telephone Service. April 15, 1949
BELGIUM
Trade and Payments
1. Memorandum on trade and commerce relations between the
Belgo/Luxembourg Economic Union and the combined US and UK
Zones of Occupation in Germany, signed in Brussels, February 20,
1947.
2. Report and Recommendations of the conference held at Berlin
between representatives of the Belgo/Luxembourg Economic Union
and of the Military Governments for Germany (US, UK) including a
Protocol between the Belgian Government and on behalf of the Luxem-
bourg Government and the Military Governments for Germany (ITS
and UK) concerning trade between the Belgo/Luxembourg Economic
Union and the US/UK Occupied Areas of Germany, signed in Berlin,
October 25, 1947.
3. Payments agreement between Military Governments for Ger-
many, US, UK and French, and Belgian Government acting in their
name and in the name of the Grand Duchy of Luxembourg, covering
payment for trade between the Belgian monetary area and the US,
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 133
UK and French Occupied Areas of Germany, initialled January 21,
1949 to remain in force until December 31, 1949.
4. Additional Trade Protocol to the Trade Agreement between the
Belgo/Luxembourg Economic Union and Military Governments for
Germany
January 21 (US/ 1949 UK) dated August 6, 1948 and signed in Frankfurt,
, .
5. Protocol between the Belgo/Luxembourg Economic Union and
Military Governments for Germany, US, UK and French, amending
Payments Agreement dated February 16, 1949 and signed in Brussels,
June 11, 1949.
6. Amendments to the Protocol between the Belgo/Luxembourg
Economic Union and Military Governments for Germany, US, UK
and French, of July 1, 1949, signed at Frankfurt, November 16, 1949.
7. Second Additional Trade Protocol to the Trade Agreement be-
tween the Belgo/Luxembourg Economic Union and Military Govern-
ments of US/UK dated August 6, 1948 and signed in Brussels, June 11,
1949.
8. Second Additional Protocol to the Third Additional Trade Proto-
col to the Trade Agreement between the Belgo/Luxembourg Economic
Union and Military Governments for Germany (US/UK) dated August
6, 1948 initialled in Frankfurt, October 21, 1950 and signed December
20, 1950.
9. Agreement between the USA and Belgium providing for the ap-
plication of most favoured nations treatment to areas under occupa-
tion and control. July 2, 1948
Travel Control
1. Agreement between the British Zone and Belgium in respect of
the deportation of illegal frontier crossers. September 17, 1947
Labour
1. `Black Diamond"-HMG/IRO/Belgian Government Agree-
ment.
An agreement between the UK Government, Belgian Government
and the International Refugee Organization concluded by the British
element of CCG on behalf of H.M.G. for the admittance to Belgium
of DPs from the British Zone of Germany. This agreement provides
for the admission into Belgium of DPs (and their families) for work in
the coal mines. May 21, 1947 and
ratified by HMG September 3, 1947
Recruitment ceased as no further DPs were required.
Posts and Telecommunications
1. Telecommunications Agreement between the US and UK Mili-
tary Governments and the postal and telecommunications administra-
tions of Belgium.
Telegraph Service. August 27, 1947
2. Telecommunications agreement between the US and UK Mili-
tary Governments and the postal and telecommunications administra-
tion of Belgium.
Telephone Service. April 2, 1947
3. Telecommunications agreement between Allied Control Au-
thority and Postal and Telecommunications Administration of
Belgium.
International telephone service. February 1, 1948
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134 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
4. Postal agreement between Allied Control Authority and Postal
and Telecommunication Administration of Belgium.
Airmail service-incoming only. December 15, 1947
Posts and Telecommunications
1. Telecommunications Agreement between US, UK and French
Military Governments and the postal and telecommunications ad-
ministration of the Belgian Congo.
Telephone Service. July 15, 1949
BELGO-LUXEMBOURG
Trade and Payments
1. Agreement concerning trade between the French Zone of Ger-
many and the Belgo-Luxembourg Economic Union. March 6, 1948
2. Agreement concerning trade between the French Zone in Ger-
many and the Belgium-Luxembourg Economic Union. Supplemented
by financial agreement and memorandum concerning the procedure
of execution. July 31, and August 1, 1947
Completed by agreed Minutes of the meeting of the Mixed Com-
mission. April 25, 1948
3. Agreement concerning trade between the French Zone of Ger-
many and the Belgo-Luxembourg Economic Union.
Supplemented by financial agreement. January 28, 1947
4. Protocol covering trade between the French Zone of Germany
and Belgium. Supplemented by a financial agreement.
May 25, 1946
5. Protocol covering trade between the French Zone of Germany
and Luxembourg. March 9, 1946
Additional protocol concerning trade between the French Zone of
Germany and Luxembourg.
6. Agreed minutes of a meeting of the Mixed Commission between
a delegation of the French Zone of Germany and the Belgo-Luxem-
bourg Economic Union covering former trade agreements, initialled
10-11 June, 1947.
Posts and Telecommunications
1. Telecommunications Agreement between US, UK and French
Military Governments and the postal and telecommunications admin-
istration of the Bermudas.
Telephone Service. April 15, 1949
BRAZIL
Posts. and Telecommunications
1. Telecommunications Agreement between the US and UK Mili-
tary Governments and Brazil.
Telegraph Service (With Companhia Radiotelegrafica Brasileira,
Nov. 26, 1947; Companhia Radio International do Brasil, Nov. 24,
1947).
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 135
Trade and Payments
1. Memorandum on Trade and Commercial relations between the
Government of the People's Republic of Bulgaria and the US and UK
Areas of Germany, signed in Berlin, October, 1947.
2. Agreed Minutes of discussions of the Mixed Commission of
Representatives of the People's Republic of Bulgaria and Military
Governments for Germany (US/UK and French) regarding trade
during the period September 1-December 31, 1.949, extending the
Agreement signed on October 4, 1947.
Posts and Telecommunications
1. Telecommunications agreement between the US and UK Mili-
tary Governments and the postal and telecommunications adminis-
tration of Canada.
Telephone Service. April 30, 1947
CHILE
Trade and Payments
1. Payments agreement between the Government of the Republic
of Chile and Military Governments of Germany, US, UK and French,
initialled in Frankfurt, April 14, 1949.
Posts and Telecommunications
1. Telecommunications agreement between the US and UK Mili-
tary Governments and Chile.
Telegraph Service. November 26, 1947
COLOMBIA
Trade and Payments
1. Agreement between Junta del Control de Cambios Importa-
ciones Exportaciones of the Republic of Colombia and the US, UK
and French Military Governments of Germany, initialled in Frank-
furt on June 14, 1949.
2. Extension of Agreement of June 14, 1949 by Exchange of
Letters between the Colombia Delegate and Verwaltung fur Wirt-
schaft, dated Frankfurt February 2, 1950.
3. Agreement between the Federal Republic of Germany and the
Junta Directa del Control de Cambios Importaciones Exportaciones
of the Republic of Colombia, signed Frankfurt, June 15, 1950, to
remain in force until June 30, 1951.
Posts and Telecommunications
1. Telecommunications agreement between the US and UK
Military Governments and Colombia.
Telegraph Service. November 24, 1947
Posts and Telecommunications
1. Telecommunications agreement between US, UK and French
Military Governments and the postal and telecommunications
administration of Korea.
Telephone Service. July 15, 1949
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136 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
Trade and Payments
1. Trade and Payments agreement between the Government of
Costa Rica and Military Governments for Germany, US, UK and
French, initialled in Frankfurt on August 15, 1949.
Posts and Telecommunications
1. Telecommunications aggreement between US, UK and French
Military Governments and the postal and telecommunications admin-
istration of Costa Rica.
Telephone Service. April 15, 1949
Posts and Telecommunications
1. Telecommunications agreement between the High Commission
and the postal and telecommunications administration of the Gold
Coast.
Telephone Service. November 15, 194cr
Trade and Payments
1. Protocol governing trade and payments between the Military
Government of the French Zone and Denmark. November 5, 1946
Trade agreement-Military Government of the French Zone and
Denmark. Supplemented by a financial agreement. July 22, 1948
2. Payments agreement dated October 5, 1947 between the Military
Governments for Germany (US/UK) and the Royal Danish Govern-
ment.
3. Agreement between US and UK Military Governments in respect
of payments concerning trade between UK and US Zones of Germany
and Denmark. October 22, 1947
4. Protocol between the Royal Government of Denmark and M..li-
tary Governments for Germany (US/UK) covering trade and payments
between Denmark and the US/UK occupied Areas of Germany,
initialled July 29, 1948, signed August 21, 1948.
. 5. Agreed Minutes of the discussion of the Mixed Commission
between Denmark and the US/UK and French Occupied Areas of
Germany, Frankfurt, initialled February 5, 1949.
6. Additional Protocol to extend and amend the Payments agree-
ment dated October 5, 1947, between Military Governments for
Germany (US/UK) and the Royal Government of Denmark, covering
payments for trade between Denmark and the US/UK Occupied Areas
of Germany, as amended and presently in existence, initialled Feb-
ruary 8, 1949.
7. Agreed memorandum between the Royal Danish Consul and the
Joint Export/Import Agency, Frankfurt, signed in Frankfurt, June 3,
1949.
8. Agreed Minutes of discussions of a Mixed Commission of repre-
sentatives of the Royal Danish Government and the Military Gov-
ernments for Germany (US/UK and French), signed in Copenhagen,
July 15, 1949.
9. Payments agreement between Military Governments for Ger-
many and the Royal Government of Denmark, covering payments for
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 137
trade and services between Denmark and the US/UK and French
Occupied Areas of Germany, initialled in Copenhagen, July 15, 1949,
signed August 5, 1949.
Note: Superseded by Payments agreement between the Allied High
Commission for Germany and the Royal Danish Government, initialled
in Frankfurt, November 25, 1949.
10. First additional protocol to the Protocol between the Royal
Government of Denmark and the Military Governments for Germany,
US/UK, covering trade and payments between Denmark and the
US/UK Occupied Areas of Germany, of August 21, 1948, signed in
Frankfurt, November 24, 1949.
11. Agreement between the USA and Denmark providing for the
application of most favoured nations treatment to areas under occu-
pation and control. July 2, 1948
Posts and Telecommunications
1. Telecommunications agreement between Allied Control Au-
thority and Postal and Telecommunications administration of
Denmark.
International telephone service. February 1, 1948
2. Postal agreement between Allied Control Authority and Postal
and Telecommunications administration of Denmark.
Airmail Service-incoming only. April 15, 1941
Travel Control
1. Frontalier agreement between British 21st Army Group and
Denmark. April 3, 1946
IRO and DPs
1. Agreement between the French Military Government in the
French Zone of Germany and Denmark concerning the transfer from
Denmark to the French Zone of Germany of 12,000 German refugees.
November 26, 194
2. Agreement between the French Military Government in the
French Zone of Germany and Denmark concerning the transfer from
Denmark to the French Zone of Germany of 15,000 German refugees.
July 16, 1947'
3. Agreement between the French Military Government in the
French Zone of Germany and Denmark concerning the transfer from
Denmark to the French Zone of Germany of 15,000 German refugees.
October 1, 1948
4. Agreement between the French Military Government in the
French Zone of Occupation and Denmark concerning the transfer
from Denmark to the French Zone of Germany of 2,500 German
refugees. January 1, 1949.
Posts and Telecommunications
1. Telecommunications agreement between US, UK and French
Military Governments and the postal and telecommunications
administration of Dominican Republic.
Telephone Service. April 15, 1949
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138 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
Trade and Payments
1. Agreement between the Royal Egyptian Government and Mili-
tary Governments for Germany (US/UK) concerning trade and pay-
ments between Egypt and US/UK occupied areas of Germany.
December 21, 1948
2. Payments agreement between Royal Egyptian Government and
Military Governments for Germany (US/UK) covering the crediting
and amortization of obligations resulting from trade between Egypt
and the US/UK Occupied Areas of Germany, dated December 21,
1948.
3. Amendment to agreement between the Royal Egyptian Gov-
ernment and Military Governments of Germany (US/UK) of Decem-
ber 21, 1948, extending agreement to cover trade and payments
between Egypt and the French Zone of Occupation in Germany.
4. Protocol to the agreement between the Royal Egyptian Gov-
ernment and Military Governments for Germany (US/UK and
French), of December 21, 1948 and amended May t7,1.949, initialled
Frankfurt, September 9, 1949, signed November 10, 1949.
-Posts and Telecommunications
1. Telecommunications agreement between the High Commission
and the postal and telecommunications administration of Egypt.
Telephone Service. October 20, 1949
ECUADOR
Trade and Payments
1. Agreement between the Government of the Republic of Ecuador
.and the Allied High Commission for Germany, covering trade between
Ecuador and the Federal Republic of Germany, initialled Frankfurt,
October 25, 1949.
Posts and Telecommunications
1. Telecommunications agreement between US, UK and French
Military Governments and the postal and telecommunications ad-
ministrations of Ecuador.
Telephone Service. April 15, 1949
Trade and Payments
1. Supplement to trade agreement between the Government of
Spain and the Military Governments of Germany, US, UK and
French of 1 ebruary 1, 1949, initialled in Frankfurt on November 11,
.1949.
2. Protocol between the Government of Spain and the Allied High
Commission for Germany amending the payments agreement dated
February 1, 1949, between the Government of Spain and Military
Governments for Germany, US, UK and French, amending the pay-
ments agreement of February 1949, initialled Frankfurt, November
.11, 1949.
3. Payments agreement between the Government of Spain and the
Military Governments of US, UK and French Zones of Occupation
in Germany, December 18, 1948, signed February 1949.
4. Trade agreement between the Government of Spain and the
Military Governments of Germany, US, UK and French, December
18, 1948.
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PROTOCOLS ON THE FED RAL REPUBjL9IC OERNiATTY
5. Agreement between the USA and Spain providing for the appli-
cation of most favoured nations treatment to areas under occupation
and control. May 10, 1948
Posts and Telecommunications
1. Postal agreement between the US, UK and French Military
Governments and the postal and telecommunications administration
of Spain.
International postal service. September 1, 1948
(extended to Western Sectors of Berlin on October 15, 1948.)
2. Telecommunications agreement between the US, UK and French
Military Governments and the postal and telecommunications admin-
istration of Spain and possessions.
Telephone Service. September 15, 1949
3. Telecommunications agreement between the High Commission
and the postal and telecommunications administration of Spain.
Telegraph Service. December 1, 194:9
UNITED STATES
Posts and Telecommunications
1. Telecommunications agreement between the US and UK Mili-
tary Governments and the United States.
Telegraph Service
With the Commercial Cable Co., Inc. November 26, 1947
With Western Union Telegraph Co. November 29, 1947
RCA Communications, Inc. October 11, 1947
McKay Radio and Telegraph Co. October 18, 1947
2. Telecommunications agreement between the US and UK Mili-
tary Governments and the United States.
Telegraph Service. February 1, 1948
(With American Telephone and Telegraph Co.)
3. Postal agreement between Allied Control Authority and postal
and telecommunications administration of the US.
Airmail service-incoming only. September 15, 1946
Trade and Payments
1. Memorandum on Trade and Commercial relations between Fin-
land and the combined British and US Zones of Occupation in Ger-
many, signed in Berlin, August 1947.
Note: Superseded by Trade agreement between the Government of
Finland and the Military Governments of Germany (US, UK and
French) initialled February 3, 1949.
2. Payments agreement of September 12, 1947, between Finland
and the combined US/UK Zones of Occupation in Germany.
Note: Superseded by Payments agreement between the Govern-
ment of Finland and Military Governments for Germany (US, UK
and French) signed February 3, 1949.
3. Agreed Minutes of meetings between representatives of the Gov-
ernment of Finland and representatives of the Joint Export/Import
Agency, signed Frankfurt, June 25, 1948.
Note: Superseded by Trade agreement between the Government of
Finland and the Military Governments of Germany (US/UK and
French) initialled February 3, 1949.
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4, Trade Agreement between the Government of Finland and the
Military Governments of Germany, US, UK and French, initialled
February 3, 1949.
Note: This Agreement supersedes the Memorandum on Trade and
Commercial Relations between Finland and the Combined British and
US Zones of Occupation in Germany, dated August 5, 1947, and
Agreed Minutes between the Government of Finland and representa-
tives of the Joint Export/Import Agency, dated June 26, 1948.
5. Exchange of letters between the Director General of JEIA and
the Finnish Consul covering conversations regarding the Trade and
Payments Agreement in force and supplementing these Agreements,
signed Frankfurt, July 11, 1949.
6. First Additional Protocol to the Trade agreement concluded on
February 3, 1949 between the Government of Finland and the Mili-
tary Governments for Germany, US/UK and French, intialled Frank-
furt, December 17, 1949, signed May 27, 1950.
7. Second Additional Protocol to the Trade Agreement between the
American, British and French Military Governments of Germany
and the Government of Finland, dated February 3, 1949, initialled
December 1950 and signed January 28, 1951.
8. Supplementary Additional Protocol to the Second Additional
Protocol dated January 25, 1951, initialled in Bonn, May 19, 1951.
9. Payments agreement between the Government of Finland and
the Military Governments for Germany, US, UK and French, signed
February 3, 1949. This agreement supersedes Payment Agreement
of September 12, 1947, between the Military Governments for Ger.-
many, US, UK and Government of Finland.
Posts and Telecommunications
1. Telecommunications agreement between the US and UK Military
Governments and the postal and telecommunications administration
of Finland.
Telephone Service. January 1, 1.949
2. Telecommunications agreement between the US and UK Mili-
tary Governments and the postal and telecommunications administra-
tion of Finland.
Telegraph Service. August 19, 1947
Transport
FRANCE
1. Rolling stock exchange agreements between France and the
French Military Government in Germany, and between France and
the US and UK Military Governments in Germany, March 18, 1948.
Trade and Payments
1. Protocol concerning frontalier trade and exchange of facilities
between the French Rhine and Moselle Departments and the Land of
Baden. September 29, 1948
2. Agreed Minutes relating to trade negotiations between Delega-
tions representing the French Government and the US, UK and
French Military Governors in Germany, signed July 21, 1949.
3. Additional Protocol to the Payments Agreement concluded on
December 16, 1948, between the Government of the French Republic
and the US, UK and French Military Governors in Germany.
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 141
4. Trade Agreement between the French Government and the US,
UK and French Military Governors in Germany, initialled Frankfurt,
July 21, 1949, signed August 5, 1949.
5. Protocol modifying the Payments Agreement of December 16,
1948, between the Government of the French Republic and the US,
UK and French Military Governors of Germany, initialled May 21,
1949.
6. Agreed Minutes of a Mixed Commission of the US, UK and
French Military Governments of Germany, and the French Govern-
ment, signed Frankfurt, February 26, 1949.
7. Payments Agreement between the French Government and the
Military Governors of the US, UK and French Occupied Areas of
Germany, initialled in Berlin, November 1948, signed December 1.6,
1948.
8. Trade Agreement between the US, UK and French Military
Governors of Germany and the French Government initialled in
Berlin, November 1948, remaining in force until June 30, 1949.
9. Memorandum of a meeting between the US and British Authori-
ties in Germany and a Delegation representing the French Govern-
ment convened to discuss commercial and financial problems affecting
the Combined US/UK Zones of Occupation in Germany and the
French Union, signed in Paris, May 21, 1947.
10. Agreement between the USA and France providing for the
application of most favoured nations treatment to areas under
occupation and control. June 28, 1948
Posts and Telecommunications
1. Telecommunications agreement between the US and UK Mili-
tary Governments and the postal and telecommunications adminis-
tration of France.
Telephone and telegraph. April 28, 1947
Labour
1. Technical agreement between French and US Military Govern-
ments concerning the recruiting in the US Zone of workers for France.
February 5, 1948
2. Agreement between French Government and IRO concerning
the recruiting of workers for France and Algeria. January 18, 1948
3. Technical agreement between French and British Military
governments concerning recruiting in the British Zone of workers for
France. December 15, 1947
4. Recruitment agreement between the US Military Government
and the Government of France.
An agreement concluded between the US military Government
and the Government of France (as embodied in the exchange of letters
on October 25, 1947) on recruitment of German workers in the US
Zone of Germany for work in France. This agreement is supple-
mented by the technical agreement between the US Military Govern-
ment and the Government of France dated February 5, 1948. This
agreement provides for the recruitment of not more than 20,000
workers from the US Zone of Germany for employment in France.
5. Anglo-French Agreement.
An agreement for the recruitment of German and Displaced Persons
workers concluded between UK and French Governments on 29/30
42118-Ex. L and M, 83-2-10
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142 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
September 1947 supplemented by a technical agreement between the
British and French Commanders in Chief in Germany dated Decera-
ber 15, 1947. September 29/30, 1947
Recruitment of 25,000 German workers from British Zones of
Germany and 12,500 DPs from British Zones of Germany and Austria
and 12,500 Volksdeutsche from British Zone of Austria and Poles
from UK.
War Dead
1. Agreement between French and US Commanders-in-Chief.
Repatriation of bodies of French nationals who died in Germany.
July 13, 1948
Posts and Telecommunications
1. Telecommunications agreement between the High Commission
and the postal and telecommunications administration of Gambia.
Telephone Service. November 15, 1949
GIBRALTAR
.Posts and Telecommunications
1. Telecommunications agreement between the US, UK and
French Military Governments and the postal and telecommunica-
tions administration of Gibraltar.
Telephone Service. September 15, 1949
GREECE
Trade Payments
1. Agreed Minutes of discussions of Mixed Commission of repre-
sentatives of the Royal Greek Government and of Military Govern-
ments for Germany, US, UK and French, initialled in Frankfurt,
July 25, 1949.
2. Protocol to the Payments agreement dated March 16, 1949
between Military Governments for Germany, US, UK, and French
and the Royal Greek Government, initialled July 25, 1949.
3. Memorandum on Trade and Commercial Relations between the
Royal Government of Greece and the combined US, UK Zones of
Occupation in Germany, signed in Athens, November, 1947.
4. Protocol covering trade between the French Zone and Greece
supplemented by financial agreement. April 23, 1948
5. Agreement between the USA and Greece providing for the
application of most favoured nations treatment to areas under occu-
pation and control. July 2, 1949
6. Payments agreement between the Military Governments of
Germany, US, UK and French, and the Royal Greek Government,
initialled February 1949 and signed March 16, 1949.
7. Trade agreement between Royal Government of Greece and
Military Government for Germany, US, UK and French, initialled
Frankfurt, February 1949, signed March 16, 1949.
Posts and Telecommunications
1. Telecommunications agreement between the US, UK and
French Military Governments and the postal and telecommunica-
tions administration of Guatemala.
Telephone Service. April 15, 194i
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 1.43
Posts and Telecommunications
1. Telecommunications agreement between the US, UK and
French Military Governments and the postal and telecommunications
administration of Haiti.
Telephone Service. April 15, 1949
Posts and Telecommunications
1. Telecommunications agreement between the US, UK and
French Military Governments and the postal and telecommunications
administration of Honduras.
Telephone Service. April 15, 1949
Trade and Payments
1. Protocol on discussions held by a Mixed Commission of the
Government of the People's Republic of Hungary and the Military
Governments for Germany, US, UK and French, initialled March
30, 1950.
2. Protocol between representatives of the Government of the
People's Republic of Hungary and the representatives of the Allied
High Commissioners for Germany, (US, UK and French), initialled
Frankfurt, October 19, 1949.
3. Agreed Minutes of the discussions between representatives of
the Government of the People's Republic of Hungary and representa-
tives of the Allied High Commissioners for Germany (US, UK and
French), initialled Frankfurt, October 19, 1.949.
4. Agreed Minutes of the discussions of the Mixed Commission
of the Hungarian Republic and the US, UK and French Occupied
Zones of Germany, initialled Frankfurt, June 3, 1949.
5. Protocol to extend and amend the Payments agreement dated
October 5, 1947, between the US and UK Military Governments of
Germany and the Hungarian Government, covering payments for
trade between Hungary and the US and UK Occupied Areas of
Germany, as amended and presently in existence. Initialled Frank-
furt, June 3, 1949.
6. Payments agreement between the US, UK Military Govern-
ments of Germany and the Hungarian Government.
October 5, 1947
7. Memorandum on trade and commercial relations between the
Hungarian Republic and the Combined US and British Zones of
Occupation in Germany, signed in Budapest. September 1947
Trade and Payments
1. Agreed Minutes of meetings of representatives of the Dominion
of India and representatives of the three Western Zones of Germany,
signed in Frankfurt on June 23, 1949.
2. Agreed Minutes of meetings between representatives of the
Dominion of India and representatives of the US/UK Military
Government in Germany signed in Frankfurt on July 28, 1948.
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144 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
Posts and Telecommunications
1. Telecommunications agreement between the US, UK and
French Military Governments and the postal and telecommunications
administration of Indonesia.
Telephone Service. April 1, 1949
IRAN
Trade and Payments
1. Protocol between the Government of the Empire of Iran and the
Allied High Commissioners for Germany, US, UK and French,.
amending the Payments agreement dated July 1, 1949, signed in
Frankfurt, 31 October 1949.
Posts and Telecommunications
1. Telecommunications agreement between the High Commission
and the postal and telecommunications administration of Iran.
Telephone Service. November 15, 1949
Trade and Payments
1. Agreement between the Government of the Republic of Eire
and the Military Governments of US, UK and French Occupied
Areas of Germany, June 16, 1949.
2. Agreement between the USA and Ireland providing for the appli-
cation of most favoured nations treatment to areas under occupation
and control. June 28, 1948
ICELAND
Trade and Payments
1. Agreement between the USA and Iceland providing for the
application of most favoured nations treatment to areas under
occupation and control. July 3, 1948
Posts and Telecommunications
1. Telecommunications agreement between the US and UK
Military Governments and the postal and telecommunications ad-
ministration of Iceland.
Telegraph Service. July 4, 1947
ISRAEL
Posts and Telecommunications
1. Telecommunications agreement between the High Commission
and the postal and telecommunications administration of Israel.
Telephone Service. November 15, 1949
ITALY
Trade and Payments
1. Protocol between the Italian Government and the Allied High
Commission for Germany amending Payments agreement of Ma,y
1947, initialled Frankfurt, September 28, 1949.
2. Agreed Minutes of trade discussions of the Mixed Commission
between representatives of the three Western Zones of Occupation in
Germany, initialled in Rome, April 28, 1949.
3. Payments agreement between the Military Governors for
Germany, US, UK and French and the Italian Government, initialled
in Rome, April 26, 1949.
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 1215
4. Agreed Record of the trade negotiations between the Italian
Delegation and the representatives of the Combined US/UK Zones of
Occupation in Germany, signed Frankfurt, September 3, 1948.
5. Memorandum of agreement on trade and commercial relations
between the Italian Delegation and the representatives of the Coin-
bined US/UK Zones of Occupation in Germany, signed in Berlin,
June 1947.
6. Payments agreement between Italy and the Combined US/UK
Zones of Occupation in Germany, May 1947.
7. Protocol covering trade between the French Zone and Italy
supplemented by an agreement concerning payments.
April 24, 1947
8. Protocol covering trade between French Zone and Italy supple-
mented by an agreement concerning payments. March 31, 1948
9. Agreement between the USA and Italy providing for the applica-
tion of most favoured nations treatment to areas under occupation
and control. June 28, 1948
Posts and Telecommunications
1. Telecommunications agreement between the US and UK Mili-
tary Governments and the postal and telecommunications adminis-
trations of Italy.
Telephone Service. July 5, 1947
JAPAN
Trade and Payments
1. Financial arrangement for trade between the US, UK and French
Occupied Areas of Germany and Occupied Japan, initialled in Tokyo,
October 4, 1949.
2. Trade agreement between the US, UK and French Occupied
Areas of Germany and Occupied Japan, initialled July 22, 1949,
effective as from August 1, 1949.
3. Trade agreement between the US, UK and French Occupied
Areas of Germany and Occupied Japan, signed in Tokyo, October 31,
1949.
Posts and Telecommunications
1. Telecommunications agreement between the US, UK and French
Military Governments and the postal and telecommunications
administration of Japan.
Telephone Service. February 1, 1949
2. Telecommunications agreement between the High Commission
and the postal and telecommunications administration of Japan.
Telegraph service and establishment of direct radio circuit.
December 20, 1949
3. Postal agreement between the US, UK and French Military
Governments and the postal and telecommunications administration
of Japan.
International postal service. October 15, 1948
Trade and Payments
1. Protocol concerning trade between the French Zone of Occupa-
tion and Luxembourg. March 9, 1946
Supplemented by an additional protocol dated October 17, 1946
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146 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
2. Agreement between the USA and Luxembourg providing for the
application of most favoured nations treatment to areas under
occupation and control. July 3, 1948
Posts and Telecommunications
1. Telecommunications agreement between the US and UK
Military Governments and the postal and telecommunications
administration of Luxembourg.
Telephone and telegraph. April 1, 1947
2. Telecommunications agreement between Allied Control Author-
ity and postal and telecommunications administration of Luxembourg.
International telephone service. February 1, 1948
Travel Control
1. Frontalier agreement between French Zone and Luxembourg
concerning transfer of agricultural products. July 13, 1946
Amended April 24, 1947
2. Frontalier agreement between Luxembourg and the French Zorie
of Germany. December 27, 1945
3. Frontalier agreement between Luxembourg and the French Zone.
Labour January 10, 1950
1. US Luxembourg Recruitment Agreement:
The agreement concluded between the US Military Government
and the Government of Luxembourg on August 15, 1949 for the
recruitment of agricultural labour in the US Zone of Germany. This
agreement is supplemented by the "Wage and Hour Agreement for
Farm Hands". August 15, 1949
MOROCCO
Posts and Telecommunications
1. Telecommunications agreement between the US, UK and French
Military Governments and the postal and telecommunications admin-
istration of Morocco.
Telephone Service. June 5, 1949
NICARAGUA
Posts and Telecommunications
1. Telecommunications agreement between the US, UK and French
Military Governments and the postal and telecommunications admirL-
istration of Nicaragua.
Telephone Service. April 15, 1949
NIGERIA
Posts and Telecommunications
1. Telecommunications agreement between the High Commission
and the postal and telecommunications administration of Nigeria.
Telephone Service. November 15, 1949
Trade and Payments
1. Agreed Minutes of trade discussions between a Delegation of th3
three Western Zones of Germany and a Norwegian Delegation,
initialled September 16, 1949.
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 147
2. Agreed Minutes of discussions of the Mixed Commission of
Norway and the US, UK and French Occupied Zones of Germany,
initialled Frankfurt, February 17, 1949.
3. Additional Protocol to extend and amend the Payments Agree-
ment dated July 30, 1948, between Military Governments for Ger-
many, US, UK and the Royal Norwegian Government covering pay-
ment for trade between Norway and the US/UK Occupied Areas of
Germany, initialled February 17, 1949.
4. Protocol covering trade between French Zone and Norway.
Supplemented by financial agreement. July 5, 1948
. 5. Agreement between Military Governments for Germany (US/UK)
and the Royal Norwegian Government, covering payment for trade
between Norway and the US/UK Occupied Areas of Germany,
initialled Frankfurt, July 1, 1948, and signed July 30, 1948.
6. Protocol between the Royal Norwegian Government and the
Military Governments for Germany (US/UK) covering trade and
payments between Norway and the US/UK Occupied Areas of Ger-
many, initialled July 1, 1948.
7. Protocol between the Royal Norwegian Government and the
Military Governments for Germany (US/UK) covering trade between
Norway and the US/UK Occupied Areas of Germany, signed Oslo,
August 1947.
8. Protocol covering trade between French Zone and Norway.
Supplemented by financial agreement. August 4, 1947
Extended by exchange of notes dated January 21, 1948 and March
23, 1948.
9. Agreement between the USA and Norway providing for the
application of most favoured nations treatment to areas under occupa-
tion and control. July 3, 1948
Posts and Telecommunications
1. Telecommunications agreement between the US and UK Mili-
tary Governments and the postal and telecommunications adminis-
tration of Norway.
Telephone and telegraph. March 29, 1947
2. Telecommunications agreement between Allied Control Author-
ity and postal, and telecommunications administration of Norway.
International telephone service. February 1, 1948
Posts and Telecommunications
1. Telecommunications agreement between the US, UK and French
Military Governments and the postal and telecommunications admin-
istration of Panama.
Telephone Service. April 15, 1949
THE NETHERLANDS
Transport
1. Agreement between the Military Governments for Germany
(UK and US) and the Netherlands on the restitution of craft from
and to the Netherlands dated January 20, 1947.
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148 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
Trade and Payments
1. Agreed minutes of discussions between a delegation of the
French Zone of Germany and the Netherlands covering former trade
agreements, initialled October 23, 1946.
2. Commercial Protocol between the Dutch Government and the
Military Government of the French Zone of Occupation.
August 9, 1947
Supplemented by memorandum concerning the procedure of execu-
tion and agreed minutes of the negotiations of August 23, 1948 relatir..g
to the financial dispositions of the agreement.
3. Protocol concerning trade between the French Zone of Occupa-
tion and the Netherlands supplemented by a financial agreement.
September 29, 1947
Completed by agreed Minutes of the Mixed Commission of January
7, 1948.
4. Protocol concerning trade between the French Zone of Occupa-
tion and the Netherlands. January 20, 1947
5. Memorandum on trade and commercial relations between the
Kingdom of the Netherlands and the Combined US and British Zones
of Occupation in Germany, signed at The Hague, January 1947.
6. Provisional agreement between Military Governors for Germany,
US/UK and the Netherlands covering payment for trade between th.e
Netherlands and US/UK Occupied Areas of Germany, signed February
15, 1947.
7. Commercial agreement between the Kingdom of the Netherlands
and the Military Governments for Germany, US/UK, initialled Frank-
furt, July 31, 1948.
8. Agreed Minutes of the discussions of the Mixed Commission of
the Netherlands and the three Western Zones of Germany, initialled
Frankfurt, December 17, 1848.
9. Agreed Minutes of the discussions of the Mixed Commission of
the Netherlands and the three Western Zones of Germany, signed The
Hague, March 26, 1949.
10. Protocol to extend and supplement the agreement dated
February 15, 1947 between the Military Governments of Germany
(US/UK) and the Netherlands Government covering payment for
trade between the Netherlands and the US/UK Occupied Areas of
Germany, as amended and presently in existence. Initialled at The
Hague, March 26, 1949.
11. Agreed Minutes of discussions between a Western German
Delegation and a Netherlands Delegation representing the US, UK
and French Military Governments, signed in Frankfurt, September
24, 1949.
12. Agreed Minutes of the negotiations on Netherlands/Germa:a
trade, initialled in Frankfurt, February 2, 1950.
This agreement extended that trade on the basis of the existin;;
agreements concluded by the Military Governments for Germany,
US, UK and French.
13. Agreed Minutes of the negotiations on Netherlands/German
trade initialled at The Hague, May 17, 1950 and agreed minutes
covering payments between the Netherlands and Germany, signed at
Bonn, November 13, 1950.
14. Protocol on German Netherlands/Indonesian trade, initialled
at The Hague, August 26, 1950, signed at Bonn, November 13, 1950.
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15. Agreement between the USA and the Netherlands providing for
the application of most favoured nations treatment to areas under
occupation and control. July 2, 1948
Posts and Telecommunications
1. Telecommunications agreement between the US and UK Military
Governments and the postal and telecommunications administration
of the Netherlands.
Telephone Service. April 1947
2. Postal agreement between Allied Control Authority and postal
telecommunications administration of the Netherlands.
. Airmail Service-incoming only. December 15, 1947
Travel Control
1. Agreement between the Netherlands Ministry of Justice and the
Combined Travel Board. April 17, 1950
To facilitate the obtaining of visas and entry permits by persons
holding passports for foreign travel.
Labour
1. DPs for Holland Scheme-HMG/IRO/Netherlands Scheme.
An agreement between the UK Government, Dutch Government
and the International Refugee Organization for the admittance into
Holland of DPs from the British Zone of Germany.
October 22. 1947
Law and Repression of Crime
1. Agreement between the French element of the Allied High Com-
mission, on behalf of the three Lander of the French Zone, and the
Netherlands concerning the mutual communication of the sentences
imposed by their tribunals against citizens of their respective coun-
tries. September 19, 1949
PERU
Posts and Telecommunications
1. Telecommunications agreement between the US and UK Mili-
tary Governments and Peru.
Telegraph Service. November 24, 1947
PHILIPPINES
Posts and Telecommunications
1. Telecommunications agreement between the High Commission
and the postal and telecommunications administration of the Philip-
pines.
Establishment of direct radio telephone and-telegraph circuits.
October 19, 1949
Trade and Payments
1. Trade agreement between the Government of the Republic of
Poland and the Military Governments of the US, UK and French
Zones of Occupation in Germany, initialled Frankfurt, December 20,
1948.
2. Payments agreement between the Government of the Republic
of Poland and the Military Governments of the US, UK and French
Zones of Occupation in Germany, initialled Frankfurt, December 20,
1948.
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1j PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
3. Memorandum on trade and commercial relations between Poland
and the US/UK Zones of Occupation in Germany, signed Warsaw,
October 1947.
Posts and Telecommunications
1. Postal agreement between Allied Control Authority and postal
and telecommunications administration of Poland.
Airmail service--incoming only. January 15, 1947
Trade and Payments
1. Agreement between the USA and Portugal providing for the ap-
plication of most favoured nations treatment to areas under occupa-
tion and control. September 28, 1948
Posts and Telecommunications
1. Telecommunications agreement between the US, UK and French
Military Governments and the postal and telecommunications ad-
ministration of Portugal.
Telephone Service. March 1, 1949
SOUTHERN RHODESIA
Posts and Telecommunications
1. Telecommunications agreement between the High Commission
and the postal and telecommunications administration of Southern
Rhodesia.
Telephone Service. November 15, 1949
UNITED KINGDOM
Trade and Payments
1. Protocol of trade agreement signed in London between tie
British Government and the Military Government of the French Zone
of Occupation. 19/20 November, 1947
2. Agreed Minutes of discussions between representatives of H. M.
Government in the United Kingdom of Great Britain and Northern
Ireland and a Delegation representing the Military Governments of
the US/UK and French Areas of Occupation in Germany, signed
August 18, 1949.
3. Agreement between the Government of the United Kingdom of
Great Britain and Northern Ireland and the US, UK and French
Military Governments of Germany for the regulation of payments
initialled Frankfurt, June 30, 1949.
4. Agreed Minutes of discussions between representatives of H. M.
Government in the United Kingdom of Great Britain and Northern
Ireland and a Delegation representing the US, UK and French Areas
of Occupation in Germany, signed Frankfurt, April 1, 1949.
5. Agreed Minutes of discussions between representatives of H. M.
Government in the United Kingdom of Great Britain and Northern
Ireland and a Delegation of the US, UK and French Occupied Zones
of Germany, signed London, March 8, 1949.
6. Agreed Minutes of meetings between representatives of the
Government of the UK and the Joint Export Import Agency, initialled
Hoechst, May 12, 1948.
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7. Agreement between the USA and United Kingdom providing
for the application of most favoured nations treatment to areas under
occupation and control. July 6, 1948
Posts and Telecommunications
1. Telecommunications agreement between the US and UK Mili-
tary Governments and the postal and telecommunications adminis-
tration of the United Kingdom.
Telegraph Service. August 15, 1947
2. Telecommunications agreement between the US and UK Mili-
tary Governments and the postal and telecommunications adminis-
tration of the United Kingdom.
Telephone Service. March 27, 1947
3. Postal. agreement between Allied Control Authority and Postal
and telecommunications administration of Great Britain.
Airmail service-incoming only. September 15, 1946
SAN MARINO
Posts and Telecommunications
1. Telecommunications agreement between the US, UK and French
Military Governments and the postal and telecommunications ad-
ministration of San Marino.
Telephone Service. May 10, 1949
SALVADOR
Posts and Telecommunications
1. Telecommunications agreement between the US, UK and French
Military Governments and the postal and telecommunications ad-
ministration of Salvador.
Telephone Service. May 5, 1949
TAE SAAR
Posts and Telecommunications
1. Postal agreement between the US, UK and French Military
Governments and the postal and telecommunications administration
of the Saar.
Postal service placed on an international basis. October 1, 1948
2. Telecommunications agreement between the US, UK and French
Military Governments and the postal a.nd telecommunications admin-
istration of the Saar.
Telephone Service. March 1, 1949
3. Telecommunications agreement between the US, UK and French
Military Governments and the postal and telecommunications admin-
istration of the Saar.
Establishment of service on an international basis. March 1, 1949
Postal and Telecommunications
1. Telecommunications agreement between the High Commission
and the postal and telecommunications administration of Sierra
Leone.
Telephone Service. November 15, 1949
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Trade and Payments
1. Amendment of the agreement covering payments between
Sweden and the US/UK and French Occupied Areas of Germany
dated May 25, 1949, signed Frankfurt, November 26, 1949.
2. Third additional protocol to the protocol covering trade and
payments between Sweden and the US/UK Occupied Areas of Ger-
many, signed April 19, 1948, and later extended to the French Occu-
pied Areas of Germany, signed Frankfurt, November 26, 1949.
3. Agreement covering payments between Sweden and the US/UK
and French Occupied Areas of Germany, initialled in Frankfurt
May 5, 1949.
4. Exchange of letters between Swedish Consul and Director Gen-
eral of JEIA establishing supplementary lists to the additional Pro-
tocol of January 14, 1949, dated Frankfurt, March 29, 1949.
5. Additional Protocol regarding Swedish bizonal trade during 1949,.
signed January 14, 1949.
6. Protocol concerning the application to the French Occupied
Area of Germany of the agreement relating to trade and payments
between Sweden and the combined US/UK Occupied Areas of Ger-
many, signed in `Berlin February 5, 1949.
7. Special Protocol relating to payments between Sweden and the
US/UK Occupied Areas of Germany, signed in Berlin, December 1948.
8. Special agreement between the Royal Government of Sweden
and the Military Governments for Germany, US/UK signed Frank-
furt, August 19, 1948.
9. Protocol between the Swedish Government and the Military
Government of Germany, US/UK covering trade and payments
between Sweden and the US/UK Occupied Areas of Germany, in
itialled in Berlin, April 19, 1948.
10. Memorandum concerning Swedish bizonal shipping, signed in
Frankfurt, August 1948.
11. Protocol covering trade between the French Zone and Sweden.
This protocol was supplemented by a financial agreement and a
memorandum concerning the procedure of implementation.
October 10, 1947
Completed by agreed minutes of meetings held in Paris 4/5/a
August, 1948.
12. Agreement between the Military Governments for Germany,
US, UK and the Swedish Government covering payments betwee.l
Sweden and the US/UK Occupied Zones of Germany, signed October
5, 1947.
13. Agreement between the USA and Sweden providing for the
application of most favoured nations treatment to areas under occupa-
tion and control. July 3, 1948
Posts and Telecommunications
1. Telecommunications agreement between the US and UK
Military Governments and the postal and telecommunications admin-
istration of Sweden.
Telegraph Service. March 1947
2. Telecommunications agreement between the US and UK
Military Governments and the postal and telecommunications admin-
istration of Sweden.
Telephone Service. April 24, 1947
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 153
3. Telecommunications agreement between Allied Control Au-
thority and postal and telecommunications administration of Sweden.
International telephone Service. February 1, 1948
4. Postal agreement between Allied Control Authority and postal
and telecommunications administration of Sweden.
Airmail service-incoming only. March 20, 1947
Transport
1. Agreement between the French Military Government and
Switzerland on German railways in Switzerland dated December 9,
1947, providing for provisional regulation of the operation of German
railways in Switzerland.
2. Rolling stock exchange agreement between the Military Gov-
ernments for Germany (UK, US and French) and Switzerland dated
June 23, 1949.
Trade and Payments
1. Agreed Minutes of trade discussions between a Delegation of
the three Western Zones of Germany and a Swiss Delegation, signed
in Berne, August 27, 1949.
2. Agreed Minutes of the trade discussions between the Swiss
Delegation and representatives of the combined US/UK Zones of
Occupation in Germany, signed in Frankfurt, August 23, 1948.
3. Memorandum of agreement on trade and commercial relations
between Switzerland and the combined US/UK Zones of Occupation
in Germany, signed in Berlin, June 1947.
4. Protocol covering trade and payments between the German
frontalier Zone and Switzerland. June 7, 1946
Posts and Telecommunications
1. Telecommunications agreement between the US and UK Niili-
tary Governments and the postal and telecommunications adminis-
tration for Switzerland.
Telephone and Telegraph. June 25, 1947
2. Telecommunications agreement between Allied Control Au-
thority and postal and telecommunications administration of Switzer-
land.
International telephone Service. February 1, 1948
3. Postal agreement between the Allied Control Authority and
postal and telecommunications administration of Switzerland.
Airmail service-incoming only. March 5, 194:7
Labour
1. Agreement concerning the introduction in Switzerland of German
maids. July 11, 194:6
1 SURINAM
Posts and Telecommunications
1. Telecommunications agreement between the US, UK and French
Military Governments and the postal and telecommunications ad-
ministration of Surinam. June 25, 1949
Telephone Service.
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154 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
Posts and Telecommunications
1. Telecommunications agreement between US, UK and French
Military Governments and the postal and telecommunications ad-
ministration of Tangiers.
Telephone Service. June 5, 1949
CZECHOSLOVAKIA
Trade and Payments
1. Memorandum on Trade and Commercial Relations between
Czechoslovakia and the combined US/UK Zones of Occupation in
Germany, signed in Berlin, January 31, 1947.
2. Memorandum on Trade and Commercial Relations between
Czechoslovakia and the combined US and British Zones of Occupation
in Germany, signed in Prague, July 1947.
3. Payments agreement between Military Governments for Ger-
many, US/UK and the Government of the Republic of Czechoslovakia,
dated September 5, 1947.
4. Additional Trade Protocol to the agreement between the Govern-
ment of the Republic of Czechoslovakia and Military Governments for
Germany (US/UK), dated December 3, 1948, initialled February 19,
1949, which act ended the agreement to include trade with the French
Zone.
5. Agreed Minutes of the discussion of a Mixed Commission hell
from September 29 to December 22, 1950, in accordance with Articles
5 and 7 of the Agreement between the Czecholovakian Republic and
the Military Governments for Germany, dated December 3, 1948, as
revised on October 21, 1949. Initialled December 21, 1950, but not
yet signed as on July 17, 1951.
6. Protocol on Payments to extend and amend the Payments agree-
ment, dated September 5, 1947, between the Military Governments
for Germany (US/UK) and the Government of the Republic of
Czechoslovakia, dated June 29, 1949.
Posts and Telecommunications
1. Telecommunications agreement between the US and UK Mili-
tary Governments and the postal and telecommunications adminis-
tration of Czechoslovakia.
Telephone and 't'elegraph. April 26, 1947
2. Telecommunications agreement between the Allied Control
Authority and Postal and Telecommunications Administration or
Czechoslovakia.
International Telephone Service. February 1, 1948
3. Postal agreement between Allied Control Authority and Postal
and Telecommunications Administration of Czechoslovakia.
Airmail service-incoming only. December 15, 1947
Posts and Telecommunications
1. Telecommunications agreement between the US, UK and French
Military Governments and the postal and telecommunications ad-
ministration of Trinidad.
Telephone Service. April 15, 1949
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 175
Posts and Telecommunications
1. Telecommunications agreement between the US, UK and French
Military Governments and the postal and telecommunications ad-
ministration of Tunisia.
Telephone Service. June 5, 1949
TURKEY
Trade and Payments
1. Agreed Minutes of discussions between representatives of the
Republic of Turkey and a Delegation representing the Military Gov-
ernors of the US, UK and French Areas of Occupation in Germany,
signed August 10, 1949.
r 2. Trade agreement between Turkey and French Zone of Germany.
This agreement was supplemented by an agreement on payments
and a memorandum concerning the procedure of implementation.
April 19, 1948
W 3. Agreement between USA and Turkey providing for' the applica-
tion of most favoured nations treatment to areas under occupation
and control. July 4, 1948
4. Payments agreement between the Government of the Republic
of Turkey and the US, UK and French Military Governments of
Germany, initialled in Frankfurt, December 16, 1948.
5. Trade, agreement between the Government of the Republic of
Turkey and the US, UK and French Military Governors of Germany,
initialled in Frankfurt on December 16, 1948.
Trade and Payments
1. Agreement between the Government of the Republic Oriental
of Uruguay and Military Governments for Germany, US, UK,
covering trade between Uruguay and the US/UK Occupied Areas of
Germany, initialled Frankfurt, October 7, 1948.
2. Payments agreement between the Government of the Republic
of Uruguay and Military Governments for Germany, US/UK, initialled
Frankfurt, October 7, 1948.
Trade and Payments
1. Protocol to the payments agreement dated April 28, 1948,
initialled Frankfurt, August 19, 1949.
2. Agreed Minutes of discussions between representatives of the
People's Federal Republic of Yugoslavia and a Delegation repre-
senting the Military Governments of Germany, US, UK and French,
signed Frankfurt, August 19, 1949.
3. Trade agreement between the People's Federal Republic of
Yugoslavia and the Military Governments for Germany, US, UK
and French, Frankfurt, March 5, 1949.
4. Protocol on payments agreement extending and amending the
payments agreement covering payment for trade between Yugoslavia
and the US/UK occupied areas of Germany, attached as Annex "F"
to the Protocol dated April 28, 1948, concluded by the Government
of the People's Republic of Yugoslavia and the Military Governments
for Germany, US/UK, initialled Frankfurt, March 5, 1949.
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156 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
5. Protocol between the Military Governments for Germany,
US/UK, and the Government of the People's Federal Republic of
Yugoslavia, dated April 28, 1948.
6. Protocol between the Government of the People's Federal Repub-
lic of Yugoslavia and the Military Governments of Germany, US/UK,
covering trade and payments between the People's Federal Republic
of Yugoslavia and the US/UK Occupied Areas of Germany, signed in
Belgrade, August 1947.
Posts and Telecommunications
1. Telecommunications agreement between the US and UK and
French Military Governments and the postal and telecommunications
administration of Yugoslavia.
Telephone Service. March 15, 1949
IRO and DPs
1. Agreement between French Military Government and UNRRA,
February 18, 1946. Relative functions and responsibilities of the
Director General of UNRRA and the French Military Government :.n
the French Zone of Germany.
2. Agreement between IRO and the British Element of the Control
Commission for Germany. Definition of the relative functions ar,.d
responsibilities of IRO and the UK element of CCG in respect of Dl's
and non-German refugees in Germany. June 28, 1947
Welfare
1. CARE (Cooperative for American Remittance for Europe In-
corporated) -.Agreement between CARE and US Military Govern-
ment concerning gift shipments and welfare supplies. June 5, 1946
2. CRALOG (Council of Relief Agencies Licensed for Occupation
in Germany)-
Agreement between CRALOG and US Military Government con-
cerning gift shipments and welfare supplies. Mai 16, 1947
3. Agreement between Centre d'Entr Aide International and US
Military Government concerning gift shipments and welfare suppliers.
1947
Posts and Telecommunications
1. Postal agreements between the US, UK and French Military
Governments and the postal and telecommunications administrations
of all countries of the world.
Extension of transit parcel post service through Germany.
(Extension of quadripartite decision which limited this service.)
2. All countries except Spain and Japan. October 20, 1948
Telecommunications agreements between Allied Control Authority
and postal and telecommunications administrations of all countries
except Spain and Japan.
Telegraph Service. December 1, 1947
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
3. All countries except Spain and Japan.
Postal agreements between Allied Control Authority and postal and
telecommunications administrations of all countries except Spain and.
Japan. January 1, 1947
Transit mail through Germany. Y ,
4. Countries in the European Regime.
Postal agreements between Allied Control Authority and postal:
and telecommunications administrations of countries in the European.
Regime.
Transit parcel post through Germany. October 1, 1947
5. All countries except Spain and Japan.
Postal agreements between Allied Control Authority and postal,
and telecommunications administrations of all countries except Spain
and Japan. August 1
1947
,
Poste Restante.
6. All countries except Spain and Japan.
Postal agreements between Allied Control Authority and postal
and telecommunications administrations of all countries except Spain
and Japan. January 1, 1948
Registered mail.
7. All countries except Spain and Japan.
Postal agreement between Allied Control Authority and postal and
telecommunications administrations of all countries except Spain and
Japan.
International reply coupons (incoming to German June) 21, . 1946
8. All countries except Spain and Japan.
Postal agreements between Allied Control Authority and postal
and telecommunications administrations of all countries except Spain
and Japan.
Reply paid postcards. (Incoming to Germany oGnbl February 15, 1948
9. All countries except Spain and Japan.
Postal agreements between Allied Control Authority and postal
and telecommunications administrations of all countries except Spain
and Japan. January 15, 1947
Gift Parcel Post Service. Y
10. All countries except Spain and Japan.
Postal agreements between Allied Control Authority and postal
and telecommunications administrations of all countries except Spain
and Japan. January ,
11. All countries except Spain and Japan.
Postal agreements between Allied Control Authority and postal
and telecommunications administrations of all countries except Spain
and Japan. May 15, 1947
Braille matter.
12. All countries except Spain and Japan.
Postal agreements between Allied Control Authority and postal
and telecommunications administrations of all countries except Spain
and Japan. September 15, 1947
42118-Ex. L andi M, 83-2---11
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13. All countries except Spain and Japan.
Postal agreements between Allied Control Authority and postal
and telecommunications administrations of all countries except
Spain and Japan.
Illustrated envelopes. September 1, 1947
14. All countries except Spain and Japan.
Postal agreements between Allied Control Authority and postal
and telecommunications administrations of all countries except Spain
and Japan.
Illustrated postcards. June 15, 1947
15. All countries except Spain and Japan.
Postal agreements between Allied Control Authority and postal
and telecommunications administrations of all countries except
Spain and Japan.
Letters and cards. A rn. 1 1 Y n A C
16. All European Countries except Spain
Telecommunication agreement between Allied Control Authority
and postal and telecommunications administrations of all European
countries except Spain.
Transit Telecommunications Service. December 16, 1946
Radio Frequencies
1. Conference on Rhine River Radio Navigation, The Hague 1919.
April 16, 1949
(Agreement was given by US, UK and French Military Governors
to procedures established for Rhine River Radio Communications.)
2. Regional I Admin. Radio Conference, Geneva 1949. Allocation
of frequencies for mobile services in Europe.
(Requirements for occupying forces and German requirements in
low and medium frequency bands were submitted and agreed.)
3. Provisional Frequency Board and International Frequency
Registration Board, Geneva, 1948--50. Production of a new Inter-
national Frequency List.
(German and occupational force requirements were presented or, a
tripartite basis. New International Frequency List has not yet been
published.)
[Translation]
To: High Commissioners [US/UK/France] MAY 26, 1952
I have the honour, in reply to your letter of 26 May 1952, to con-
firm that your letter, and the list enclosed with it, constitute the com-
munication referred to in paragraph 2 of Article 2 of Chapter One of
the Convention on the Settlement of Matters Arising out of the War
and the Occupation.
In the course of the negotiations, my representatives have declared
that the inclusion in this list of treaties and international agreements
referring to the Saar, and the consequent assumption of certain under-
takings by the Federal Republic with regard to these treaties and
international agreements referring to the Saar, does not imply arty
recognition by the Federal Republic of the present status of the Saar.
I repeat this declaration and would be grateful if you would confirm
that the inclusion in the list of certain treaties and agreements referring
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to the Saar does not constitute any recognition by the Federal Republic
of the present status of the Saar.
I take this opportunity to renew to you, Mr. High Commissioner,
the assurance of my highest consideration.
/S/ ADENAUER
His Excellency
The CHANCELLOR OF THE FEDERAL REPUBLIC OF GERMANY
Mr. CHANCELLOR:
We have the honour, in reply to your letter of 26 May 1952, to
confirm that the Governments of the Three Powers agree that the
inclusion in the list of certain treaties and agreements enclosed with
our letter of 26 May 1952, referring to the Saar, does not constitute
any recognition by the Federal Republic of the present status of the
Saar.
For the Government of the United States of America
JOHN J. McCLOY
U. S. Iligh Commissioner j or Germany
For the Government of the Republic of France
ANDRE FRANCOIS-PONCET
French Iligh Commissioner for Germany
For the Government of the United Kingdom
of Great Britain and Northern Ireland
IVONE KIRKPATRICK
U. K. High Commissioner for Germany
[Translation]
MAY 26, 1952
To: High Commissioners [US/UK/France]
On behalf of the Federal Government, I declare that, after the entry
into force of the Convention on the Relations Between the Federal
Republic of Germany and the Three Powers, it will apply the provi-
sions of Article 44 of the International Telecommunications Conven-
tion signed at Atlantic City on 2 October 1947 in respect of the radio
services or communication facilities of the Three Powers, the recog-
nized private enterprises and other duly authorized enterprises within
the territories of the Three Powers which are operated on frequencies
allotted under the Agreement of Copenhagen (1948).
Although the Federal Government does not feel bound by the
Agreement of Copenhagen, it accordingly recognizes that no harmful
interference with these radio services or communications may be
caused by radio stations in the Federal territory.
I shall be grateful if you will inform your Government of the con-
tents of this letter.
I take this opportunity to renew to you, Mr. High Commissioner,
the assurance of my highest consideration.
/s/ ADENAUER
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160 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
[Translation ]
FEDERAL REPUBLIC OF GERMANY
THE FEDERAL CHANCELLOR
Bonn, May 25, 195,2
To the Chairman of the Council of the Allied High Commission,
His Excellency
Mr. JOHN J. MCCLOY,
Mehlem.
Mr. HIGH COMMISSIONER,
In order to bring the discussions on the question of "Gewerbefrei-
heit", which have been going on for a long time between the German
and Allied representatives to a conclusion satisfactory to both parties,
I offered, on 11 March 1952, to transmit to you a declaration on this
point, in the form of a letter. On the occasion of the discussions
referred to, both the representatives of the Three Powers and of the
Federal Government concurred that on questions of "Gewerbefreiheit"
the Basic Law for the Federal Republic of Germany is alone decisive,
and that the Federal Constitutional Court should have the exclusiv,
right to make binding decisions on the interpretation of said Basi-,
Law. For this reason. I rejoice that the Three Powers have waived
their original desire to incorporate provisions regarding "Gewerbefrei-
heit" in the Contractual Agreements. I realize, however, that an
early clarification of the interpretation issues deriving from the Basifl
Law is desirable, particularly in consideration of future legislation.
Should the proceedings at that time pending before the Federal
Constitutional Court not provide any opportunity for an adequate,
clarification of the issues, the Federal Government shall ask for it
decision of the Federal Constitutional Court, as soon as an occasion
arises for the filing of an application under Article 76, Section 2 of the,
Law concerning the Federal Constitutional Court.
I take this opportunity to renew to you, Mr. High Commissioner,
the assurance of my highest consideration.
/S/ ADENAUER
12b
ALLIED HIGH COMMISSION FOR GERMANY
THE COUNCIL
Bonn-Petersberg
27 MAY 1952
AGSEC (52) 531
His Excellency
The CHANCELLOR OF THE FEDERAL REPUBLIC OF GERMANY
Palais Schaumburg
141 Koblenzer Strasse
Bonn
Mr. CHANCELLOR:
On behalf of the Allied High Commission I have the honor to
acknowledge receipt of your letter of 25 May 1952 stating that the
Federal Government will ensure that the constitutionality of restric-
tions on freedom to engage in a trade or profession will be brought
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 161
before the Federal Constitutional Court in the event that such issues
are not decided within the near future in the cases now pending before
that court.
Accept, Mr. Chancellor, the renewed assurance of my highest
consideration.
JOHN J. MCCLOY
Chairman
The Chairman of the
[Translation]
FEDERAL REPUBLIC OF GERMANY
THE FEDERAL CHANCELLOR
Bonn, May 25, 1952
Council of the Allied High Commission
His Excellency
Mr. JOHN J. MCCLOY
Mehlem.
Mr. HIGH COMMISSIONER:
In their negotiations with officials of the Allied High Commission
the representatives of the Federal Government have repeatedly de-
clared that the Federal Government is convinced that the Turn-over
Tax legislation and its administration should not encourage the com-
bination of industrial enterprises. The Federal Government will see
to it that this idea is taken into account as far as possible in all meas-
ures in the field of the Turn-over Tax legislation and also in the ap-
plication of the existing Turn-over Tax law.
I take this opportunity to renew to you, Mr. High Commissioner,
the assurance of my highest consideration.
/s! ADENAUER
13b
ALLIED HIGH COMMISSION FOR GERMANY
THE COUNCIL
Bonn-Petersberg
27 MAY 1952
AGSEC (52) 532
His Excellency
The CHANCELLOR OF THE FEDERAL REPUBLIC OF GERMANY
Palais Schaumburg
141 Koblenzer Strasse
Bonn
Mr. CHANCELLOR:
On behalf of the Allied High Commission I have the honor to
acknowledge receipt of your letter of 25 May 1952 in which you
state that the Federal Government's measures in the field of turn-
over taxation including its administration of the existing laws will
so far as possible prevent any incentive to the concentration of
business enterprises.
Accept, Mr. Chancellor, the renewed assurance of my highest
consideration.
JOHN J. MCCLOY
Chairman
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162 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
(Translation]
FEDERAL REPUBLIC OF GERMANY
THE FEDERAL CHANCELLOR
Bonn, May ,24, 195,2
Chairman of the Council of the
Allied High Commission,
His Excellency
Mr. JOHN J. MCCLOY.
Mr. High Commissioner:
Under Article 6, paragraph 1 of the Convention on the Settlement
of Matters Arising out of the War and the Occupation, Allied High
Commission Law No. 35 will expire upon the completion of the
deconcentration of I. G. Farbeiiindustrie A. G.
Since, in the opinion of the representatives of the Three Powers,
the provisions of a future German law against restraint of competition
may not be sufficient fully to protect all successor companies during
the period required by them to evidence their ability to exist as
economically sound and independent enterprises against measures
prohibited during the period of applicability of Law No. 35 with
regard to re-concentration, the representatives of the Three Powers
have requested that the Federal Government confirm the following:
1) If Law No. 35 is deprived of effect prior to the expiration of a
period of three years, beginning at the agreed time of expiration of
the powers of the agency competent for the deconcentration of I. G.
Farben and responsible to the Three Powers and ending not later than
31 December 1955, the Federal Government will ensure that during
this period no measures will be taken, which would result in bringing
about, directly or indirectly,
a merger or other combination of successor companies of I. G.
Farbenindust.rie A. G. i. L., or former companies controlled by
it, or their successor companies,
or
a control over one of the companies referred to by any other of
them,
or
a control over two or more of the companies referred to by
another natural or juristic person.
Within the same period, no contracts resulting in a "woiking agree-
ment" (Interessengemeinschaft) between the contracting parties or
providing for the taking-over of profits and losses shall be concluded
between two or more of the companies referred to.
Direct or indirect acquisition of the total assets, or a substantial
portion of them, of a company shall be deemed to be tantamount to
a combination or affiliation within the meaning of the above.
2) After expiration of the powers of the agency referred to :.n
Item No. 1, the Federal Government may, within the stipulated
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
period, grant exceptions from the principles under Item No. 1, if one
or several of the companies referred to should get into a position
where their continued existence as economically viable enterprises
would be seriously jeopardized; any measures or any contracts, speci-
fied under Item No. 1, between Farbenfabriken Bayer A. G., Lever-
kusen, the Badische Anilin and Sodafabrik A. G., Ludwigshafen/-
Rhein and the Farbwerke Hoechst A. G., formerly Meister, Lucius
and Bruenning, Frankfurt/Main-Hoechst shall not be admitted, not
even as exceptions. On the other hand, contracts between any
successor company and any company affiliated or to be affiliated in
the course of the deconcentration of I. G. Farbenindustrie A. G. i. L.
shall not be subject to any restriction; the same shall apply to measures
taken by a successor company vis-a-vis any such company.
I have the honor to give you the requested confirmation after I
have assured myself by inquiries with the Vorstaende of the successor
companies and the liquidators of 1. G. Farbenindustrie A. G. i. I.J.
that the desired restrictions appear acceptable and that they there-
fore agree to the arrangement proposed in Items Nos. 1 and 2. I
should like to add that, as a matter of course, the measures dealt with
in this letter remain subject to the general legislation on restraint of
competition even after expiration of the period set forth in Item
No. 1.
I take this opportunity to renew to you, Mr. High Commissioner,
the assurance of my highest consideration.
/s/ ADENAUER
14b
ALLIED HIGH COMMISSION FOR GERMANY
THE COUNCIL
Bonn-Petersberg
27 MAY 1952
AGSEC (52) 533
His Excellency
The CHANCELLOR OF THE FEDERAL REPUBLIC OF GERMANY
Palais Schaumburg
141 Koblenzer Strasse
Bonn
Mr. CHANCELLOR:
On behalf of the Allied High Commission I have the honor to
acknowledge receipt of your letter of 25 May 1952 concerning the
prevention of re-concentration of successor companies of I. G. Farben-
industrie A. G. i. L.
Accept, Mr. Chancellor, the renewed assurance of my highest
JOHN J. MCCLOY
Chairman
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T OLS ON THE FEDERAL REPUBLIC OF GERMANY
15
ALLIED HIGH COMMISSION FOR GERMANY
THE COUNCIL
Bonn-Petersberg
His Excellency
21 MAY 1952
AGSEC (52) 467
The CHANCELLOR OF THE FEDERAL REPUBLIC OF GERMANY
Palais Schaumburg
141 Koblenzer Strasse
Bonn
YOUR EXCELLENCY,
In the course of the negotiations on the completion of the reorgant-
zation of the German coal mining and iron and steel industries under
Allied High Commission Law No. 27 your representatives have re-
quested information as to the contents of the regulation to be issued
under Law No. 27 concerning the distribution of shares of the new
companies. In view of the fact that this regulation has not yet been
drafted in final form, we are, at your request, writing this letter to
inform you of the more important principles which will be incorporated
therein.
As we have told you on previous occasions, the basic principle to
be applied in the compensation of stockholders of the old enterprises
will be that the shares of the unit companies or other successor com-
panics of the enterprises listed in Schedule `A' of Law No. 27 will be
allocated on a, pro rata basis to them.
As we have also told you on previous occasions, the shares thus
allocated to the principal shareholders will be subject to some degree
of special treatment in order to effectuate the purposes of the decon-
centration. . We are now in a position to state that the term "principal
shareholder" will for this purpose include any shareholders possessing
15% or more of the shares of any of the enterprises listed in Schedule
`A' of Law No. 27. In addition a shareholder with less than 15%
but more than 5% of the nominal capital of an old company may be
treated as a principal shareholder only if he is in a position owing to
the particular circumstances to exercise a controlling influence Dy
reason of such holdings. In determining the total holdings of a share-
holder, there will be added to his holdings all shares subject to his
control by reason of any agreement or arrangement as well as any
shares over which it is determined that he in fact exercise control by
reason of his relations with the holder.
A principal shareholder may retain without limitation the shares of
one successor company, including unit companies. He may also
select that company and receive and retain up to 5% of the shares of
other successor companies, unless the implementing agency under L#,w
No. 27 determines that such selection or such receipt and retention of
such shares would endanger the independence of the successor com-
panies, assist in a combination within or between the coal and steel
industries beyond the limits set forth in the applicable regulations
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 165
under Law No. 27 or violate standards explicitly laid down in Law
No. 27. In any event where a principal shareholder is allowed to re-
ceive and retain shares of any company other than the company
whose shares he is entitled to hold without limitation, such shares will
be deprived of any significant voting power until such time as they are
transferred for consideration to a person who is completely inde-
pendent of the principal shareholder and who has acquired the shares
by a genuine transaction on his own account and in his own name.
It is very probable that the provisions of the contemplated regula-
tion will not have to be invoked since, on the basis of our negotiations
with most of the principal shareholders and liquidators, we believe
that agreements can be worked out for individual plans for the com-
pensation of the shareholders of the old companies.
In order to prevent undue disturbance of the German capital market,
a period of five years will be fixed for the disposition of such securities
as have to be disposed of.
Accept, Excellency, the renewed assurance of my highest considera-
tion.
JOHN J. MCCLOY
Chairman
His Excellency,
The CHANCELLOR OF THE FEDERAL REPUBLIC OF GERMANY
Mr. CHANCELLOR:
Article 5 of Chapter Three of the Convention on the Settlement of
Matters Arising out of the War and the Occupation provides that
successor organizations and trust corporations, appointed pursuant to
the legislation referred to in paragraph (a) of Article 1 thereof, shall
continue to be granted the tax immunities enjoyed by them on the
entry into force thereof, where those immunities involve taxes ac-
cruing to the Federation. The successor organizations and the trust
corporations will enjoy on the entry into force of the Convention
those tax immunities which, under German law, are granted to or-
ganizations directly and exclusively serving purposes useful to the
public. The tax immunity provided for in the Convention relates
only to taxes which accrue to the Federation. As my Government
started from the premise that the position of the successor organiza-
tions and trust corporations should not be worsened as a result of the
conclusion of the Convention, I should like you to confirm to me that
where taxes or levies regarding which those organizations now enjoy
tax immunity may, after the entry into force of the Convention, be
payable by them to the Laender, Gemeinde or Gemeindenverbaende,
the Federal Government will settle the claims for those taxes or levies
directly with the claimant authorities in such a way that the suc-
cessor organizations and trust corporations will not be liable to make
any payment thereon.
f s! DEAN ACHESON,
Secretary of State
United States of America
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166 PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
To: Foreign Ministers [US/UK/France]
MAY 26, 1952
In reply to your letter of today I agree that the position of the
successor organizations and trust corporations should not be worsened
as a result of the conclusion of the Convention. Accordingly I con-
firm that if, after the entry into force of the Convention, any taxes
or levies which are not under German law imposed on German or-
ganization directly and exclusive serving purposes useful to the pub-
lic, and which accrue in whole or in part to the Laender, Gemeinde or
Gemeindeverbaende, are imposed upon the successor organizations
and trust corporations, then the Federal Government will settle the
claims for those taxes or levies directly with the claimant authorities
in such a way that the successor organizations and trust corporations
will not be liable to make any payments thereon.
/s/ ADENAUER
DECLARATION BY THE UNITED STATES AND UNITED KINGDOM GOVERN-
MENTS AND BY THE FRENCH GOVERNMENT ON REPARATIONS FROM
CURRENT PRODUCTION
MAY 25, 1952
FORMULA ON REPARATIONS
The U. S. and U. K. Governments declare that they have not
asserted and do not intend to assert any claim for reparations out of
current production. They have consistently opposed, and intend to
oppose the exaction of such reparations by any other Power. The
French Government takes note of the situation of fact and therefore
associates itself with Article I of Chapter VI of the Convention on the
Settlement of Matters Arising out of the War and the Occupation.
18a
ALLIED HIGH COMMISSION FOR GERMANY
THE COUNCIL
Bonn-Petersberg
His Excellency
19 MAY 1952
AGSEC (52) 459
The CHANCELLOR OF THE FEDERAL REPUBLIC OF GERMANY
Palais Schaumburg
Bonn
Mr. CHANCELLOR:
In accordance with the provisions of AHC Law 56, the assets of
the Joint Export-Import Agency, except some still outstanding foreign
exchange receivables, will be transferred to the Federal Republic
upon the following agreed terms:
1. The Federal Government shall satisfy such of the claims
which have arisen in connection with the operations of the Joint
Export-Import Agency or of any Agency of Military Government
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PROTOCOLS ON THE FEDERAL REPUBLIC. OF GERMANY I j
whose functions were assumed by the Joint Export-Import
Agency as the liquidators of the Joint Export-Import Agency or
the Allied High Commission or other appropriate Allied Agency
shall allow, but shall not be liable towards any creditor of the
Joint Export-Import Agency or of any Agency of Military Gov-
ernment whose functions were assumed by the Joint Export-
Import Agency, either with the assets transferred or with any
other assets of the Federal Republic. The transfer will be without
prejudice to the claims of the Allied Governments against the
oral Government for post-war economic assistance to Ger-
many.
2. Included among the assets referred to are the balances held
by the Bank deutscher Lander on behalf of the Joint Export-
Import Agency which were derived from the import and export
operations conducted in the three Western Zones of Germany
and the three Western Sectors of Berlin with the assistance of
working capital contributed by the French, United Kingdom
and United States Governments. The foreign exchange balances
were made available to the Bank deutscher Lander to meet the
foreign exchange requirements of the Federal Republic, although
the High Commissioners have reserved their rights in respect of
these foreign exchange sums. These rights to the foreign
exchange balances will be deemed to have passed to the Federal
Republic on 1st October 1949.
3. ' The DM balances held by the Bank deutscher Lander in
the name of the Joint Export-Import Agency have been employed
by the liquidators in winding up the affairs of the Joint Export-
Import Agency, but the liquidation accounts also reflect certain
financial adjustments both in DM and in foreign currency
required by the fusion of the foreign trade operations of the
French Zone with those of the US/UK Zones, since it was im-
possible to conclude these before the 1st October 1949. Subject
to the conditions stated in the following paragraphs, the High
Commissioners further propose that the DM balances at present
held in liquidation accounts, including the sum of DM 28,846,250
derived from a sterling payment by the Government of the
United Kingdom to the Joint Export-Import Agency on the 30th
June 1950 as contribution in lieu of relief imports, shall now be
transferred to the Federal Government. The present financial
position of the Joint Export-Import Agency is shown in the
annexed statement as of 31st December 1951.
4. The Federal Government undertakes to indemnify the High
Commissioners and their Governments, and each of them,
upon request, in respect of all liabilities either now existing or
hereafter arising, in connection with the operations referred to
in paragraphs 1 through 3 hereof, or in connection with transac-
tions entered into in supplying aid and contributions to the
German economy. Likewise the Federal. Government agrees to
satisfy claims allowed by the liquidators of the Agency, the
Allied High Commission, or other appropriate Allied Agency,
where the latter shall, in special cases, have deemed it advisable
to order payment without recognizing the legal basis of such
claims (ex gratia awards).
5. The Federal Government will open a special account in
the Bank deutscher Lander in the name of the Federal Govern-
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY
ment of Germany to be known as the "JEIA Fund". The High
Commissioners will pay the funds referred to in paragraph 3 of
this letter into this account. The Federal Government and the
Joint Export-Import Agency and their Agencies will also pay
into this account those moneys which arise from time to time
from the disposition of the property of the Agency. Further-
more, the Verwaltungs- and Verrechnungs-GmbH (VVG) will
transfer into the special account "JEIA Fund" such balances
resulting from the collection of assigned receivables as pertain
to JEIA.
6. The Joint Export-Import Agency has already transmitted
to the Federal Ministry of Finance a list of the outstanding active
claims against the Agency which are presently under considera-
tion. In order to assure the availability of sufficient funds to
satisfy such claims as the liquidators of the Agency, the Allied
High Commission, or other appropriate Allied Agency shall
allow, to cover any expenses incurred in prosecuting and defend-
ing claims by and against the Agency, and to cover the admin. s-
trative expenses of the Agency (to the extent that these are not
provided for from occupation costs), DM 50 million of the
"JEIA Fund" will be blocked. The ex gratia awards allowed by
the liquidators of the Joint Export-Import Agency or the Allied
High Commission or other appropriate Allied Agency, which t'ie
Federal Government undertakes to satisfy, are limited to DM
10,000,000 except as mutually agreed between the parties hereto.
Although it is not anticipated that the amounts required for
these purposes will be nearly so great, it is thought prudent to
reserve these sums for the time being, subject to progressive
reduction by mutual agreement as the liquidation proceeds. In
so far as payment of such claims and expenses is required in a
foreign currency, the Federal Government will make available
such currency.
7. The Federal Government shall make use of the remainder of
the Joint Export-Import Agency funds by withdrawing therefrom
such sums for such purposes as may be agreed with the Allied
High Commission or other appropriate Allied Agency. Certain
sums have already been made available to the Federal Govern-
ment in advance out of the funds held by the liquidators.
8. The High Commissioners will supply the Federal Govern-
ment with such information obtainable from their records as is
necessary to facilitate the collection of outstanding potential
assets transferred to the Federal Government, or for such other
purposes as the High Commissioners may agree.
9. You are requested to accept on behalf of the Federal Gov-
ernment the proposals in this letter for the transfer of the assets
referred to in paragraphs 2 and 3 above on the terms set out in
this letter and at the same time to agree to the terms referred to
in paragraphs 1, 4, 5, 6 and 7, above.
10. The German, English and French texts of the present letter
shall be of equal authenticity.
Accept, Mr. Chancellor, the renewed assurance of my highest con-
sideration.
JOHN J. MCCLOY
Chairman
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PROTOCOLS ON THE FEDERAL REPUBLIC OF GERMANY 169'
His Excellency
FEDERAL REPUBLIC OF GERMANY
THE FEDERAL CHANCELLOR
311-00 11/6737/52
Bonn, May 21, 1952
The Acting Chairman
of the Allied High Commission,
Mr. JOHN J. McCLOY,
Bonn-Petersberg.
Mr. HIGH COMMISSIONER,
I have the honour to acknowledge receipt of your letter of 19 May
1952-AGSEC(52)459-concerning Liquidation of J. E. I. A. and
the transfer of its assets to the Federal Government. On behalf of
the Federal Government I state that I agree with the contents of this
letter.
Accept, Mr. High Commissioner, the expression of my highest
consideration.
/s/ ADENAUER
To: High Commissioners [US/UK/France]
MAY 26, 1952
In connection with the discussions leading to the formulation of
Article 4 of Chapter Ten (Foreign Interests) of the Convention on
the Settlement of Matters Arising out of the War and the Occupa-
tion. your negotiators have pointed out that Article 4 makes only a
general statement of principle as regards the influence of the state of
war on private pre-war contracts and that the principle in itself is
not sufficient to overcome the considerable legal difficulties which
could arise from the solution of all the particular problems involved.
I wish to inform you on behalf of the Federal Government that it
is prepared to enter into discussions with the other Governments con-
corned for the negotiation of a multilateral agreement laying down
rules for the solution of these questions. My Government considers,
however, that contracts of insurance and reinsurance should be treated
separately in view of their special character. It is therefore willing
to enter into bilateral discussions with each of the other Governments
concerned with a view to the negotiation of bilateral agreements in this
field..
I shall be grateful if you will inform your Government of the con-
tents of this letter.
Is] ADENAUER
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THREE-POWER DECLARATION ON BERLIN
"With respect to Berlin, in addition to the Allies' security guarantees
for the city in the London communique of October 3, 1954, the
Foreign Ministers of France, the United Kingdom and the United
States have noted with deep satisfaction the close and friendly co-
operation between the Allied and Berlin authorities. The Three
Powers are determined to ensure the greatest possible degree of self-
government in Berlin compatible with Berlin's special situation.
Accordingly, the three Governments have instructed their representa-
tives in Berlin to consult with the authorities of that city with a view
to implementing jointly and to the fullest degree possible the foregoing
principles.
(Signed) P. M-F.
(Signed) J. F. D.
(Signed) A. E."
The above text is a certified true copy of the Three-Power Declara-
tion on Berlin initialled by the Foreign Ministers of France, the
United States and United Kingdom on 22nd October 1954, at the
Palais de Chaillot, Paris, XVIe. '
(Signed) R. G. Barnes,
(Typed) (R. G. BARNES)
Joint-Secretary Four Power Conference
171
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