INVIS

The armaments subject to control throughout the territory of the six Continental countries include both the weapons which are prohibited 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 production 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 engagements and obligations upon the United States other than those incident 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 attitude 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, 1954,2 the full text of which is reproduced in an annex to the final act of the London Conference, transmitted herewith. By that statement I sought to make clear the desire of our Nation to encourage and support measures which unify and strengthen Western Europe, whereas we would be disposed to 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

1 London and Paris Agreements,

p. 57.

2 Secretary Dulles' statement of Sept. 29, 1954, is included in the Final Act of the London Conference; infra, pp. 1484-1487.

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 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.1

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 determine their disposition. One President of the United States is not constitutionally 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 accordance 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.2

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 consent 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

The full text of the President's statement of Apr. 15, 1954, is printed infra, pp. 1198-1200. 2 See infra, pp. 989–991.

Respectfully submitted.

and the protocol which will admit the Federal Republic of Germany to the North Atlantic Treaty.

JOHN FOSTER DULLES.

22. MESSAGE BY THE PRESIDENT TO THE SENATE, NOVEMBER 15, 19541

To the Senate of the United States:

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 Protocol 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.

2

6

In addition, I transmit for the information of the Senate a number of 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 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; 5 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; a resolution on the production and standardization of armaments adopted by the Nine Power Conference at Paris on October 21, 1954; 7 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; 10 and a statement on Berlin

8

The text of the Resolution
London Conference is also

STAN

made by the Foreign Ministers of France, the United States, and the United Kingdom in Paris on October 23, 1954.1

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 represent the culmination of a joint effort, extending over several years, to promote closer cooperation in security matters among the nations 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 attainment of these objectives, and last summer the Senate adopted a resolution (S. Res. 295, July 30, 1954)2 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 ratification, and the conventions, being dependent on the treaty, could not be brought into effect. Accordingly, it became necessary 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 changes will be made in the military arrangements under the North Atlantic Treaty Organization and in the basic nature of the Brussels Treaty 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 armaments, but also of strengthening and reinforcing both the North Atlantic Treaty Organization and the new Brussels Treaty Organization, 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 principle of integration of units may be carried to lower echelons than is now the case. These measures are desirable in their own right be

1 Infra, p. 1758.

2 Infra, p. 1732.

Infra, pp. 1107-1150.

S. Execs. Q and F, 82d Cong., 2d sess., pp. 9-22 and pp. 25–150.

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 continental forces of the Brussels Treaty countries are set at specified limits, conforming, for those countries which would have been members of the European Defense Community, to the limits set by the EDC Treaty. These limits cannot be changed except by the unanimous 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 conventions 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 arrangements for a German defense contribution and with German membership 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 concluded on the support of foreign forces in the Federal Republic. Of the special rights retained by the United States, the United Kingdom, and France in the original conventions, those relating to Berlin and 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 Rela1 Infra, pp. 1529-1544.