MEMORANDUM FOR ALLEN W. DULLES FROM JOHN A. CALHOUN

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01676R004200090020-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 29
• Document Creation Date: December 14, 2016
• Document Release Date: April 9, 2003
• Sequence Number: 20
• Publication Date: January 14, 1959
• Content Type: MEMO

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DEPARTMENT OF STATE
WASHINGTON
January 14, 1959
MEMORANDUM
FOR: The Honorable
Allen W. Dulles
Director,
Central Intelligence Agency
FROM: John A. Calhoun
Director,
Executive Secretariat
Enclosed for your information and files are copies of
the Soviet note on Berlin and the Soviet draft peace treaty
with Germany, both dated January 10, 1959.
STATE review(s) completed.
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January 10, 1959
1/OSA
SOVIET NOTE TO THE US GOVERNMENT ON BERLIN
The Soviet Government deems it necessary to draw the
attention of the U. S. Government to the utterly abnormal situation
which has taken shape as a result of the delay in solving one of the
most important international postwar problems, the conclusion of
a peace treaty with. Germany.
While peace treaties have long since been concluded with
other states which took part in the World War II on Germany's side
and they are developing.on an independent national basis, the German
people still have no peace treaty, which deprives them of a possibility
.to exercise their state sovereignty to the full and to become an equal
member of the community of nations.
Moreover, foreign troops still remain on. the territory 4
Germany, and an occupation regime is still in force in some parts of
Germany, as for instance in West Berlin.
As a result of procrastination in the peaceful settlement
with Germany, many questions affecting the interests not only of
Germany but also of the countries which took part in the war against
Germany remain unsettled from year to year. The absence of a peace
treaty with Germany seriously complicates the situation in Europe,
gives rise to suspicion and mistrust in relations between states and
hampers normalization of these relations.
It should also be pointed out that due to the absence of a
peace treaty German militarism in. West. Germany is again rearing its
head and gaining in strengths This cannot but worry the Soviet people
as well as other European peoples on whom militarist Germany has
repeatedly visited grave calamities and sufferings.
A peace treaty promoting the peaceful development of
Germany would create the necessary conditions to make impossible
a recurrence of the tragic events of the past when German militarists
involved mankind in. devastating wars entailing tremendous human and
material losses.
Loyal to its
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Loyal to its commitments regarding Germany and taking
into consideration the lawful interests of the German. and other
European peoples, the Soviet Government repeatedly approached the
Governments of the United States, Great Britain, and France in the
postwar years with proposals to prepare and conclude a peace treaty
with Germany. Unfortunately the Soviet proposals for a peaceful.
settlement with Germany were not favorably received by the western
powers which., far from advancing their own proposals, did not want
t, . discuss seriously this urgent problem. For many years they have
been insisting that priority should be given to the so-called free all-
German. elections and that the question of the reunification of Germany
should be tackled not by the Germans but. by the four former occupation.
powers.. This idea was the gist of the notes of the. western powers
dated. September 30, .1958 to which. an. exhaustive answer was given in
the notes of the Soviet Government on the Berlin issue dated
November 27, 1958.
If instead of wishful thinking we face the truth as it is we
shall have to admit that. the restoration of the unity of Germany will
have inevitably to pas's through a number of stages of a rapprochement
between the German Democratic Republic and the Federal German
Republic. Now we can only wish to see the beginning of this process,
whose success,however, depends on the efforts .of both German states..
To evade the preparation of a peace treaty with Germany is to strive
for a situation wherein the German people will have neither a peace
treaty nor a united national state.
This would mean to preserve the existing intolerable situation,
creating a possibility for the Federal Republic of Germany to make
efforts to impose on the German Democratic Republic an internal
system after its own pattern. But in. this case the German Democratic
Republic would also have. the right to raise the question of changing
the order and. regime existing in the Federal German Republic. It is
quite clear that this would. not help to. achieve the national unity of
Germany, but on. the contrary, would further widen the gap between
the two German. states.
On the other hand, under. the present conditions the conclusion.
of a.peace treaty is precisely a measure which could, sooner than
anything else, bring the German. people closer to the solution of their
basic national task, the reunification of the country. The definition
in a peace
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in a peace treaty of the-..military status of Germany, as well as of the
external conditions, the observance of which would open up clear
prospects of the future of Germany before the German people and
would, in many respects, make it easier for the Germans, living in
two states with different social and economic systems, to search for
ways and means of expanding contacts and establishing confidence
between them. A peace treaty would. provide a good basis for bringing
closer together the two. German. states, for overcoming the deep
differences which still block the way to the reunification of the country
into a single whole.
It is only just to point out that since the Federal German
Republic Government has taken a line toward remilitarization and has
closely tied its policy with the plans of the NATO military bloc, which.
stand in glaring contradiction to the national interests of Germany,
this government bears a considera.bJ.e part of the responsibility for the
situation obtaining in Germany, including the fact that Germany still
has no, peace treaty. If any fresh evidence is needed to prove that the
Federal German Republic Government is pursuing precisely this line,
this evidence is provided by the note of the Federal German Republic
Government sent on. January 5., 1959 in reply to. the Soviet Government
note on the Berlin issue dated November 27, 1958. This note shows.
that the Federal German Republic Government instead of assisting in
the settlement of the Berlin. issue in the interests of. peace in Europe
and in the interests of the German nation itself, is. going out of its
way to fan. the passions and to bring the situation around the Berlin
issue to the point of incandescence in. order to insure the preservation
of the occupational regime in West Berlin.
There can be no justification. for such a situation when the
states which took part in the war against Hitlerite Germany have to
wait and' remain passive observers in such. a serious and urgent matter
as the preparation and conclusion of a peace treaty with Germany.
These states., which during the war succeeded in .establishing close
cooperation between themselves, are now in. a position to find a
common language despite the existing difference in order to consummate
the peaceful settlement with Germany and to. insure, at long last, a.
peaceful and secure life for the European peoples, including the
Germans. The necessity to solve this task is all the more urgent
since a movement for an earliest preparation and conclusion of a
peace treaty is. gathering momentum in both German states, the
German. Democratic Republic and the. Federal German Republic.
Proceeding
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Proceeding from the above considerations and desirous
in providing a practical basis for a peaceful settlement with Germany,
the Soviet Government has drafted a peace treaty and is forwarding
it herewith to the Government of the United States , for consideration.
Desires to.divide the world into victors and vanquished are
alien to the Soviet state, just as feelings of revenge toward its former
war enemies. The Soviet draft of the peace treaty is based on the idea
of Germany's peaceful and democratic development. This draft provides
for the reestablishment of the German people's complete sovereignty
over Germany, its territory and airspace. No restrictions are
camped down on the development of Germany's peaceful economy,
trade, shipping, or access to world markets. Germany is allowed
the right to have its national armed forces necessary for the country's
defense. All these provisions of the draft give the German people
great opportunities for peaceful creative labor and i4sure them an
equal standing among the other nations of the world.
Of course, the draft treaty provides for certain military
restrictions, which, the Soviet Government is convinced, conform
both to the national interests of the German people who have lived
through the havoc of world wars and to the common interests of
peace. The military obligations imposed on Germany include, above
all, a prohibition to. produce nuclear and rocket weapons and to equip
the German armed forces with them, which would- be conducive to
strengthening Europe's security and would eliminate one of the main
obstacles now standing between the two German states.
Of great significance for safeguarding peace in Europe is
the peace treaty':s provision regarding the possibility of Germany's
involvement in any military alignment directed against any of the
states which were at war with Hitlerite Germany, and whose members
do not include all,the four principal allied power s.of the anti
Hitlerite coalition, the USSR, the United States, Britain, and France.
.The inclusion of this provision in the treaty would. deliver mankind to
a considerable extent from the danger of a new war, for no one will
deny that this danger is much greater when there is a military alliance
of one or several great powers with Germany, an alliance directed
against another great power.
Considering
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Considering all. the above, the Soviet Government proposes
? to call within two months a peace conference in Warsaw or Prague
to discuss the advanced draft peace treaty with Germany, to work out
and sign an agreed text of the treaty. The conference should be
attended, on the one hand, by the governments of the states that took
part with their armed forces in the war against Germany and, on the
other hand, by the Governments of the German. Democratic Republic
and the Federal German Republic, which. would sign the peace treaty
on.. behalf of Germany.
If a German confederation is set up before the peace treaty
is concluded, the latter could be signed, in this case, by representatives
of the German confederation and also the two German states. It goes.
without saying that the Soviet Government recognizes the right of the
German Democratic Republic and the Federal German Republic
Governments to reach agreement on any appropriate German
representation during the preparation and signing of the peace treaty.
In advancing the draft peace treaty for Germany, the Soviet
Government proceeds from the fact that the positions of the sides
concerned in. the German question are now absolutely clear and that
it is necessary to forego today the endless polemics, to get down to
the elaboration of practical decisions dictated by the situation prevailing.
in Germany and by the interests of strengthening peace in Europe.
The Soviet Government. is convinced that only those can
remain unsympathetic to the proposal to conclude a peace treaty who
do. not.wish the German people well, who want Germany to remain
cleaved, who do wish to turn Europe. into a continent of stable peace
and security, and those who want it to be, as hitherto,. a seat of
dangerous tension and cold war fraught with a serious menace to the
cause of peace.
The Soviet Government believes that, besides the conclusion
of a peace treaty, practical steps can be taken now regarding Berlin,.
as already proposed by the Soviet Government,. particularly in its.
note to the U. S. Government of November 27, 1958.
.
Inasmuch as the U. S. Government set forth its views on. the
aforesaid proposals in its note of December 31, 1958, the Soviet
Government deems it necessary to state the following in reply to this
note..
The period
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The period when the Allied governments demanded
Germany's compliance with the terms of unconditional surrender has
long come to be a thing of the past, as well as the time when the
supreme power in Germany belonged to the commanders in chief
of the occupation. troops of the four powers, when the control council
still discharged its functions as well as the "Allied Kommandatura"
for the joint administration of "greater Berlin, "' which it headed.
However, one gains the impression that the U. S. note has been
written pertaining to the first years of Germany's occupation, without
any regard for the great changes which have taken place in Germany
during the postwar years. It is entirely permeated by`the spirit of
that time, a desire to justify and confirm the "right to occupation,
although the U. S. Government has recognized the abnormality of the
situation when, 13 years after the war, Berlin still lives under a
system of occupation established in 1945.
No one can give credence to arguements that the stay of
American troops in Berlin is justified by the fact that they came
there as a result of World War II.
If we are to waive the deep accumulations of the occupation
period and to soberly evaluate the situation, it will become clear that the
desire of the United States, Britain, and France to preserve their
positions in West Berlin has nothing in common with the consequences
of. the last war and the postwar agreements which determined
Germany's development as a peace-loving and democratic state.
It seems from the new state of affairs arising from the crass violation
of the aforesaid agreements by the western powers that they have
abandoned good allied relations and reversed their policy to
aggravating relations with the USSR and whipping together military
bloc s.
Only those who wish to use West Berlin as an instrument
of hostile activity against the Soviet Union, the German Democratic
Republic and the countries which are their friends, and as an instrument
of further aggravating the existing contradictions and increasing
international tension, can speak out for the preservation of the
present situation in Berlin..
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To continue the existing situation in West Berlin means to
preserve the danger of the cold war turning into a third World War
with all the attending grave consequences for the peoples. Under
these conditions no one can expect the Soviet Union to prop up the
occupation regime in West Berlin with its own hands. The occupation,
which was understandable and necessary after the defeat of Hitler Germany
inasmuch as it led to the remoulding of German political life on peace-
loving and democratic lines, now has the purpose of covering up,
above all., the turning of West Berlin into a NATO stronghold in the
heart of the German Democratic Republic.
The United. States Government note recalls the 1944 and 1945
Allied agreements on Berlin, and what is more, it interprets these
agreements in such a way as to make out that they do not depend on
the Potsdam agreements and still give the western powers a right
to keep their troops in West Berlin. We cannot agree with this
interpretation because it is at. variance with the generally known
facts and the commitments assumed by the powers with regard to
Germany.
Berlin's quadripartite status did not originate and exist
independently of all the other Allied agreements on,.Germany, it
was wholly intended to fulfill the basic purpose of Germany's
occupation in the initial postwar period, purposes laid down in the
Potsdam &,greements. Having embarked upon the road of rearming
West Germany, and drawing it into their military alignments, the
United States., Great Britain, and France cras sly violated the Potsdam
agreement and therefore forfeited all legal rights for the perpetuation
of Berlin's present state.
As for Germany's occupation in general, the Soviet Union
has always observed and observes its international commitments,
including those on Germany. Moreover, no. one can reproach the
Soviet Union that it did not serve warning when the western powers
scrapped one Allied agreement after another, yoking West Germany
onto the road of militarism. and r&anchism.
If the three western powers honored the the Potsdam
agreement like the Soviet Union and abided by their agreements under
this agreement, we could say with certainty that there would be
no Berlin issue now, and no. German problem in general, because.
they would be solved to the benefit of the German people and in the
interests of European peace.
The quadripartite
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The quadripartite agreements on Berlin, as well as on
Germany as a whole, are of a provisional nature, valid only for the
period of Germany's occupation. But the occupation is over. The
Soviet Union, the United States, Great Britain, France and other
states have announced the ending of the state of war with Germany,
in view of this the contentions of the U. S. note. about certain rights
to continue the occupation are obviously groundless.
In the light of the above facts it is easy to understand that
the Soviet Union does not mean a unilateral denunciation of the agree-
ments on Berlin, as the governments of the three western powers are
trying to present it, but is only trying to draw a logical conclusion
from the prevailing situation, a situation characterized by the ending
of Germany's occupation and the gross violation by the western powers
of the commitments they assumed at the end of the. war.
In its note the U. S. Government declares that the western
powers have also obtained their rights in Berlin because they "permitted"
the Soviet Union to occupy certain areas of Germany which. were taken
by the American and British troops in the course of the war. That
contention is. nothing but crude distortion of facts. It is well known
that agreement on the occupation zones was reached during the war
when it was difficult to foresee whose troops would reach these zones
first.
At the same time it is necessary to recall that when the war
ended in Europe there were Soviet troops not only in. Germany, but
in the territories of many other countries as well, Austria for
instance. However, the Soviet Union has never raised the question
of compensation for the withdrawal of its troops from these territories
nor has it demanded any concessions for the admission of Allied
troops into, areas occupied by the Soviet forces, Vienna for instance,
because to make such claims is tantamount to unseemly bargaining
over other nations' territories. It is amazing,. therefore that the
U. S. Government permits such. an approach to a country like Germany.
The U. S. Government declares that it could agree to discuss
the Berlin question at broader talks on. the solution of the German
problem,. including the unification of Germany and the question of
European security. The Soviet Government has repeatedly pointed out
that there cannot be meetings of the four powers to' discuss the question
of Germany's unification because the issue is outside the competence
of the USSR, the United States, Britain., and France.
The four-power
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The four-power negotiations on the unity. of Germany were
quite lawful during the occupation period, when. these powers were
discharging administrative and control fuj.ctions in Germany. Now.,
however, when occupation is a thing of the past and two independent
German states have ariseu on the territory of Germany, the question
of Germany's reunification has become an internal German problem
which can be solved only through a rapprochement and. agreement.
between these states.
Regarding the problem of European security, the Soviet
Government attaches tremendous importance to its, solution. It has
repeatedly made proposals for establishing a system of measures to
insure European security. Suffice it to recall such proposals as those
for concluding a nonaggression agreement between the North Atlantic
and Warsaw Treaty member states, for the withdrawal of foreign
troops from the territory of Europeo as well as the support by the
Soviet Government of the Polish proposal for establishing an atom--
free zone in central. Europe. The Soviet Government is convinced
that the problem of European security calls for a special discussion
and cannot be lumped together with other questions including the
Berlin issue. Incidentally, the U. S. Government in its note did not
say one word about the. ways. and means of insuring European security
as would be acceptable to all states concerned.
Under such circumstances- no one can. avoid getting the
impression that the U. S. Government is obviously trying to hamper
agreed decisions on the Berlin question and. European security, by
having the solution of these questions dependent on each. other.
The Soviet. Government is trying to settle the Berlin issue
through negotiations between the states concerned. It is convinced
that its proposals for making West Berlin a demilitarized free city
provides a sound basis for agreement since: it is in. line with the
general interest of consolidating peace in. Europe, At the same time
the implementation of the Soviet proposal does not prejudice the
prestige or encroach.. on the security interests of any state, nor does.
it grant any unilateral. advantages to anyone.
It goes without saying that the Soviet Government in no
way regards its proposal for a free city of West Berlin as precluding
an addenda or amendments. It is willing to consider appropriate
proposals
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proposals on this question advanced by other powers, provided these
proposals are directed toward ending the occupation regime in West
Berlin and consolidating peace in Europe.
The refusal by the western powers to enter into negotiations
with the Soviet Union with a view to normalizing the situation in
Berlin naturally will not make the Soviet Union halt halfway towards
the goal which has been set by life itself and insures stability of the
situation and tranquility in the center of Europe.
No one can prevent the Soviet Union from renouncing its
functions regarding Berlin and its communications with West Germany
and from settling the questions. arising in connection with. this through,
an agreement with the German Democratic Republic.
Summing up the above, the Soviet Government, besides
its proposal for convening a peace conference, suggests that the
states concerned should discuss the Berlin question as well. If the
western powers find it expedient to exchange opinions with the Soviet
Government on the contents of the peace treaty prior to the convocation
of the peace conference, the Soviet Government would be agreeable.
In this case it will be necessary to insure an adequate participation of
the German Democratic Republic and the Federal German Republic
as states directly interested in the conclusion of a peace treaty with
Germany.
The Soviet Government expresses the hope that the U. S.
Government will study with due attention, the submitted proposals
and the draft peace treaty with. Germany forwarded herewith and will
on its part, exert every effort to enable the peace conference to
accomplish its important task successfully.
At the same time the Soviet Government. would like to believe
that the U S. Government, recognizing that the preservation of the
occupation regime in West Berlin is abnormal, will draw the necessary
conclusions from the obtaining situation and will assist in settling
the Berlin issue .as demanded by the interests of consolidating peace
in Europe and throughout the world.
Moscow, January 10, 1959.:
(Tans text in English)
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January 10, 1959
SOVIET PROPOSED DRAFT PEACE TREATY WITH GERMANY
The Union of Soviet Socialist 'Republics, the United
Kingdom of Great Britain and Northern Ireland, the United States
of America, the French Republic, Australia, the People's Republic
of Albania, Belgiurxi;;the Byelorussian Soviet Socialist Republic,
the People's Republic of Bulgaria, Brazil, the Hungarian People's
Republic, Greece, Denmark, India, Italy, Canada, the People's
Republic of China, Lux.X4bourg, the Netherlands, New Zealand,
Norway, Pakistan, the Polish People's. Republic, the Rumanian
People's Republic, the Ukrainian Soviet Socialist Republic,
Finland, the Czechoslovak Republic, the Federal People's
Republic of Yugo-slavia, and the Union of South Africa, as states
which took part with their armed forces in. the war against Germany,
and hereinafter referred to as "the allied and. associated powers, "
of the one part; and Germany, now represented by the German
Democratic Republic and the Federal Republic of Germany -- or
in case a German Confederation is set up by the time the peace
treaty is signed, the German Confederation, and also, the German
Democratic Republic and the Federal Republic of Germany -- of the
other part;
Noting that there is no further justification for the
continuation of the profoundly abnormal situation when 14 years
after the ending of hostilities, foreign tro.pps remain in the territory
of Germany and the German nation is still deprived of the right to
fully exercise its statesovereignty, to main in equal relations
with the other states and is outside the United Nations;
Guided by the desire to implement in the prevailing
conditions the principal propositions stipulated by the documents
of the anti-Hitlerite coalition and particularly the Potsdam Agreement;
Believing
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Believing that the absence of a peaceful settlement
precludes a just approach to the legi i.mate national interests of
the German people and is largely conductive to the aggravation
of tension and instability in Europe;
Being unanimous in their intention to finally reckon
up the war unleashed-by Hitler Germany, the war which. has
brought incalculable sufferings and calamities to many people,
including the German. nation;
Admitting that during the years since the ending of
hostilities the German 7people have proved in many ways that
they condemn the crimes committed against the. peoples of
Europe as a result of the aggression unleashed by German
militarism;
Fully resolved never to allow Germany to threaten
its neighbors or other nations, to unleash a new war;
Desirous of giving Germany an opportunity to develop
along peaceful and. democratic lines and to cooperate fruitfully
with other states as an equal member of the community of nations;
Convinced that the conclusion of a peace treaty would
be ofexce,pti,onally great significance for insuring Europe's
security and the consolidation of world peace;
Holding that the conclusion of a peace treaty with
Germany is a necessary and important step toward the restoration
of Germany's national unity;
Have decided to conclude the present peace treaty. and
have t :.refiore appointed the undersigned plenipotentaries who,
after presentation of their credentials, found in good and due
form, have agreed on the following provisions:
Part One: Political and Territorial Clauses
1 -- Peace and Peaceful Relations
Article 1: The allied and associated powers, of the
one part, and Germany, of the other, declare and confirm the
ending of the state of war and.the establishment of peaceful
relations between them. Furthermore, all the arising political
and juridical
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and juridical consequences take effect as of the entry into force
of an appropriate statement of declaration by each of the allied
and associated powers.
Article 2: Until Germany is reunited in this or
another form, the present treaty shall mean by the term
"Germany" the two existing German states -- the German
Democratic Republic and the Federal Republic of.Germany--
and all Germany's rights and obligations stipulated., in it shall
be equally binding. on the German Democratic Republic and, the
Federal Republic of Germany.
Article 3: The ,; %llied and associated powers under-
take to recognize the German people's full sovereignty over
Germany, including its territorial waters and airspace..
Article 4: 1) The allied and,associated powers
declare that they will cultivate their rp7.tions with Germany
on the principles of respect for Germany's sovereignty and.
territorial integrity, noninterference in its domestic affairs,
nonaggression, equality and mutual benefit, and in accordance
with the provisions of the present treaty. In its relations with
all countries Germany shall be guided by the same principles.
2) Germany commits itself to solve all international
disputes only by peaceful means so as not to e.danger inter-
national peace and. security. Germany. also pledges to refrain
from the threat of force in internatic ixal:..`. relations or its use
against the territorial integrity or political independence of any
state and not to give aid or support to any nation or group of
natis violating international peace and security.
Article 5: 1) Germany assumes a commitment not
to enter any military alliances directed against any of the powers
parties to the present teaty, and also not to take part in any
military alliances whose membership does not include all the
four principal alliedxpowers of the anti -l-litlerite coalition --
the USSR, the United States, the United Kingdom, and France.
2) The allied and associated powers undertake to_
respect Germany's obligation not to take part in military
alliances mentioned in point one and to refrain from any actions
with regard to Germany liable to entail a direct or indirect
breach of this commitment by it.
3) The allied
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3) The allied and associated powers will do everything
possible to let Germany take part, on an equal footing, in steps
to strengthen all-European security and.the establishment of a
security system in Europe based on the joint efforts of the
European nations.
4) With the entry into force of this treaty Germany--
the German Democratic Republic and the Federal Republic of
Germany -- will be freed of the obligations arising from member-
ship in the Warsaw Treaty Organization and the North Atlantic
and West European Unions, respectively.
Article 6: Germany undertakes to recognize the full
force of the peace treaties with Bulgaria, Hungary, Italy,
Rumania, and Finland.
Article 7: After the entry into force of the present
treaty, the allied and associated powers will support Germany's
application for admittance to the United Nations.
Article 8: The frontiers of Germany shall be those
existing on January 1959. Germany's frontiers are shown on
the map appended to the present treaty -- supplem`tnt number one.
Until Germany is united into one state, the territories of the
Germany Democratic Republic and the Federal Republic of
Germany are delimited by the line existing on January 1, 1959,
as shown on the map appended to the treaty -- supplement
number one.
Article 9: In conformity with the Potsdam Agreement
of 1945: A) Germany renounces all its rights, legal and other
claims to the former German territories east of the line running
from the Baltic sea, slightly to the west of Swinemunde, along
the river Oder to its confluen-e-e-with the we-stern Neiese and
along the we-stern Neisse to the Cz-echoslovak frontier, including
the-territory of-form-er Ea-s-t Praia-and also the te-r-ritory of
the former city of Danzig, which have now pa-sled under
sovereignty of the Polish People's Republic, which Germany
recognize-s-6- -
B) -Germany renounces--it-s rights, legal and other
claims to the former city of Konigsberg and the adjacent area,
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which have passed under the sovereignty of the Union of Soviet
Socialist Republics, which Germany recognizes.
Article 10: Germany recognizes as invalid the Munich
Agreement with all the consequences arising from it, and
declares that it will always recaknize the former so-called
Sudeten region as an integral part of the national territory of
the Czechoslovak Republic.
Article 11: Germany undertakes to recognize that the
territory of Alsace Lorraine is a part of the French Republic.
The Saar region remains within the 't ~rritory of Germany. .
Article 12: Germany confirms and recognizes the
changes and delimitation of its frontiers, effected according
to the agreements concluded with the neighboring countries in
the period from May 1945 to January 1, 1959.
III: - - Germany and Austria
1) Germany undertakes to recognize the full
force of the state treaty establishing an independent
and democratic Austria of May 15, 1955, and the
prohibition of Anschluss contained in it.
2) In conformity with this, Germany shall
respect the sovereignty and independence of Austria
and renounces all territorial and political claims to
Austria and Austrian territory..
. 3) Germany undertakes to recognize and pledges
to respect the permanent neutrality of Austria as it
is laid down by the federal constitutional law or Austria,
adopted by the Austrian "Parliament on. October 26, 1955.
4) To prevent an Anschluss, it is prohibited to
conclude any political or economic alliance between
Germany and Austria. Germany fully recognizes its
responsibility in this question and shall not enter into
a political or economic alliance with Austria in any
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Germany must not conclude any agreements with
Austria, undertake any actions, or carry out any measures
directly or indirectly promoting its political and economic
alliance with Austria, or jeopardizing the territorial integrity,
political or economic independence of Austria.
Germany further pledges not to allow any actions in
its territory `directly or indirectly promoting such an alliance,
and is to preclude the existence, revival, or activity of any
organizations pursuing the aim of establishing a political or
economic alliance with Austria, or propaganda in favor of an
alliance with Austria.
IV: -- Basic Human Rights and Freedoms
1) Germany shall take all measures necessary to
secure to all persons under German - jurisdiction,
without distinction as to race, sex, language, religion,
nationality, origin, or political convictions, the enjoy-
ment of human rights and of the fundamental freedoms,
including personal freedom, the freedom of expression,
of press and publication, of religious worship, or
political opinion, of association and political meetings.
2) Germany also undertakes that the laws in force
in its territory shall not, either in their content or in
their application, discriminate or entail any discrimina-
tion between German nationals on the ground of their
race, sex, language, religion, nationality, origin,
political convictions, or party affiliation, whether in
reference to their persons, property, business, pro-
fessional or financial interests, status, political or
civil rights, or any other matters.
3) Past membership of any German national to
the Nationalist-Socialist Party or organizations
affiliated to it
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affiliated to it or under its. control, cannot be regarded
as a reason for restricting the rights and. freedoms
stipulated in point one if this is not done on Tht strengt ha
of a court ruling.
4) Persons. of German nationality moved to Germany
from other countries in conformity with the decisions of
the 1945 Potsdam. Conference enjoy in the. territory of
Germany all. the rights mentioned in point one without
any discrimination as equal German nationals.
Article 15: The German authorities or nationals are
prohibited from persecuting any person on the ground that during
World. War II he acted in favor of the allied and associated powers
or expressed sympathy for their cause, as well as on the ground
that prior to the entry into force of the present treaty this person
committed actions facilitating the fulfillment of the joint decisions
of the USSR, the United. States, the United Kingdom, and France
on Germany or any of the proclamations, injunctions, ordinances,
and instructions issued on the strength of these. decisions.
V : - - Political Parties and other Organizations
Article 16: Germany -undertakes. tO insure unhampered
activity to political parties and other organizations, with the excep-
tionof parties and organizations mentioned, in-.,Articles 13, 17 and 18,
and to give them the right to manage their internal affairs freely,
to hold congresses and.meetings, to enjoy freedom of press and
publications.
Article 17: Germany undertakes, not to allow, under threat
of penal punishment, the revival, existence-and activity of the
National-Socialist Party, organizations. affiliated. to it or under
its. control in German- territory, including political, military,
and paramilitary orgari:iizations, as well as the emergence and
activity of other similar parties and organizations and, particularly,
revanchist parties and organizations demanding a revision of
Germany's frontiers or making territorial claims to other states.
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Article 18: Germany assumes the commitment to
dissolve and.not'to allow, under threat of penal punishment,
the existence and activity in its territory of any or&nizations,
including emigrant ~bbdies, which conduct hostile activity against
any of the allied and associated powers. Germany shall not grant
political asylum to persons affiliated to the aforesaid organizations.
Article 19: Germany undertakes to recognize the ruling
of the International War Tribunal in Nuremberg and the i .ulings of
other courts on crimes stipulated by the charter of this tribunal
and committed both inside and outside Germany.
Article 20: Germany undertakes not to allow in any form
propaganda having the purpose or capable of creating or increasing
the threat to peace, violation of peace or act of aggression, includ-
ing the propaganda of war and also any kind of revanchist statements
demanding a revision of the German frontiers or making territorial
claims to other countries.
1) Germany undertakes to give all-out support to the
repatriation of the nationals of the allied and associated
powers.who came to be in German territory as a result
of the war.
2) For their part the allied and associated powers
will render similar assistance, in cases when this. has
still not been done, to the repatriation of German nationals
that come to be in the territories of the allied and
associated powers as a result of the war.
3) The allied powers assume the commitment, if it
had not been done earlier, to repatriate in six months
after the treaty enters into force all German specialists
forcibly moved from Germany during the war and after
its conclusion. The provisions of this article do not
affect persons who left Germany at their own discretion.
Part Two: Clauses on the Reestablishment of the Unity
of Germany
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Article 22: The allied and associated powers recognize
the right of the German people to the restoration of the unity of
Germany ,and express their readiness to render both German
states all-out assistance in reaching this goal on the basis of a
rapprochement and agreement between the German Democratic
Republic and the Federal Republic of Germany.
Both German states, as well as the allied and associated
powers, regard this treaty as an important contribution to the cause
of the reunification of Germany in accordance with the national
aspirations of the German people and with the interests of insuring
security in Europe and throughout the world.
Article 23: In view of the fact that any attempt to settle
the question of the reunification of Germany by means of force
would be fraught with the danger of war, entailing incalculable
calamities for the people of Europe, and for the German people in
the first place, the German Democratic Republic `and the Federal
Republic of Germany solemnly undertake never to resort to force
or to threat of force for achieving. unification of Germany and will
settle by peaceful. means, any disputes that may arise in the
relations between them.
Article 24: After the resortation of Germany's unity
the present treaty shall remain in force and its provisions shall
apply to. the united German state..
Article 25: Pending. the restoration of Germany's unity
and establishment of a united German state, West Berlin shall
have the standing of a demilitarized ,free city with its special
status. .
Part Three: Military Clauses
Article 26: Germany shall have its national armed
forces--land, air, and naval--necessary for the defense of the
country.
Article 27: The following shall not be permitted to serve
in the. German armed forces: A) Persons convicted by the courts
of the countries which were at war with Germany or by German
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courts for their crimes against peace, humanity, and for war
crimes;
B) Persons who are not German nationals;
C) Persons not of German nationality who found them-
selves on the territory of Germany during or after the end of the
war, irrespective of whether or not they subsequently became
German citizens.
Article 28: Germany shall not have, produce, acquire,
of experiment with:
A) Any types of nuclear weapons or other means of
mass destruction, including biological and chemical weapons;
B), Any types of rockets and guided missiles, as well
as apparatuses and.installations necessary for their launching or
guiding;
C) Aircraft designed mainly as bombers with bombs
and shell racks;
D) Submari!es.
Article 29: Germany shall not have, produce, or
acquire, either publicly or privately or in any' .other way, war.
materials and equipment or maintain production facilities for
their manufacture in excess of the quantity necessary for equipping
armed forces permitted by Article 26 of the present treaty, nor
shall it export from the territory to other countries any war materials
and equipment.
Article 30:. All foreign troops now stationed in Germany
are to be withdrawn from Germany not later than within one year
after the coming into force of the present treaty.
Or: After the coming into force of the present treaty,
all foreign troops. stationed in Germany shall be withdrawn from
Germany within time limits to be agreed upon by the parties con-
cerned so that within, 6 months from the coming into force of the
treaty the
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treaty the numerical strength of foreign troops stationed on. German
territory shall be reduced one third.
Simultaneously with the withdrawal of foreign troops from
Germany all foreign war bases on German territory shall be closed
down. In the future, Germany shall not permit the stationing of any
foreign armed forces or the siting of foreign war bases on its
territory.
Article 31: Germany undertakes to respect, preserve,
and maintain the graves on German territory of the soldiers, prisoners
of war, and nationals forcibly brought to Germany of the powers
which were at war with Germany; the memorials and emblems on
these graves; and the memorials to the military glory of the armies
which fought against Hitlerite Germany.
The allied and associated powers undertake on their part
to insure the maintenance of the marked graves of German soldiers
on their territories.
Part Four: Economic Clauses
Article 32: No restrictions shall be imposed on Germany in
the. development of its peaceful economy which is to promote the
welfare of the German people. Nor shall Germany be in any way
restricted egarding.its trade with other countries, navigation and
access to world markets.
Article 33: After the withdrawal of foreign troops from
German territory any German property which is being used by the
armed forces of foreign states on the territory of Germany and for
which no compensation has been paid shall be restored to its owners
or adequate compensation shall be paid.
Article 34:
1) Insofar as such action had not already been taken,
Germany shall restore all legal rights and interests in
Germany of the allied and associated powers and their
nationals as they existed on September 1, 1939, and for the
Czechoslovak Republic and its citizens, on September 30,
1938, and return all property of the allied and associated
powers and their
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powers and their nationals or pay compensation for it.
The order and terms of the implementation of the pro-
visions of the present article shall be determined by
special agreements between Germany and. the states
concerned.
"Property" means movable or immovable property,
whether tangible or intangible, including industrial,
literary, and artistic property, as well as all rights and
interests of any kind of property.
2) ~ The existence of the state of war in itself shall not
be regard`.a .d as affecting the obligation to pay pecuniary
debts arising out of the obligations and contracts that
existed prior to the state of war.
3) Germany undtakes. to permit no discrimination
regarding the satisfaction of claims to. compensation for
the damage sustained by nationals of the allied and
associated powers, irrespective of the. nature of the due
compensation or of the organization or institution which
is to satisfy the claim.
Article. 35: Germany shall recognize the rights of any
allied or associated power to German assets in other countries
transferred to this power, on th+ strength.pff, kgra ith nts..bet'ween
the USSR, the United States, the United Kingdom, and France.
Germany shall recognize the decisions regarding the
German: assets in Austria as. contained in the state treaty of the
reestablishment of an independent and democratic Austria.
Article 36:
1) Germany waives all claims, of any description
against the allied and associated powers, their
organizations and nationals on behalf of Germany,
German organizations and nationals, claims arising
directly out of the war or out of the actions taken because
.of the existence of a state of war in Europe after September
1, 1939, whether or not such an allied or anassociated
power was at war with Germany at the time.
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- .l3
- This renunciation of claims includes the following.
A) Claims for losses or damages sustained as a
consequence of acts of the armed forces or authorities
of the allied or associated powers;
B) Claims arising from the presence, operations, or'
actions of the armed forces or authorities of the allied
or associated powers in German territory;
C) Claims with respect to the decrees or orders of .
prize courts of the allied or associated ,powers, Germany
agreeing to accept as valid and binding all decrees
of such prize courts after September 1, 1939 concerning
German seagoing or river vessels or German goods or
concerning the payment of costs;
D) Claims arising out of the exercise or purported
exercise of belligerent rights.
2) The waiving of claims by Germany under
paragraph one. of this article includes any claims arising
out of the actions taken by any of the allied or associated
powers with respect to German seagoing or river vessels
after September 1, 1939, as well as any claims and debts
arising out of the conventions on prisoners of war now in
force.
3) The provisions of this article shall bar completely
and finally all claims of the nature referred to herein,
which shall henceforward be extinguished, whoever may be
the parties in interest. The German government agrees
to make equitable compensation in marks to persons who
furnished supplies or services on requisition to the forces
ofllied or associated powers in German territory and in
sal, sfaction of noncombat damage claims against the. forces
of the allied or associated powers arising in German
territory.
Article 37: Germany likewise waives all public claims,
all the claims of German public juridical persons, the claims of
German private
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German private juridical persons And German nationals regarding
the territories which were returned to other states and placed
under their jurisdiction.
Article 38: ThF_- states which now have under their
jurisdiction a part of the former German territory bear no
responsibility for the obligations arising out of the debts of
the German state, German municipalities, and German public
institutions, or for any other public juridical and private juridical
questions which arose prior to May 8, 1945 and are connected with
this territory.
Article 39:
1) Germany agrees to enter into negotiations with any
allied or associated powers and conclude treaties or
agreements on trade and shipping, granting every allied
and associated power most favored nation treatment on
a reciprocal basis.
2) Germany shall not permit any discrimination or arti-
ficial restrictions in anything that concerns its trade with
allied and associated powers. The allied and associated
powers on their part shall adhere to the same principle
in their trade with Germany.
3) Germany shall not grant any exclusive or discrimi-
natory right to any country with regard to the use of
commercial aircraft for international communications
within Germany's boundaries; Germany shall grant the
allied and associated powers, on a reciprocal basis,
equal possibilities in obtaining rights in German terri-
tory in the sphere of international commercial aviation,
including the right to land for refuelling and repairs.
These provisions should not affect the interests of the
national defense of Germany.
Article 40: Germany undertakes to grant Austria the
right of free transit and communications without levying custom
duties and tariffs between Salzburg and Lofer (Salzburg) via
Reinhenhall-Steinpass and between Scharnitz (Tyrol) and Ehrwald
(Tyrol) via
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(Tyrol) via Garmisch-Partenkirschen.
Part Five: Reparations and Restitutions
Article 41: The question of the payment of reparations
by Germany in compensation for the damage it inflicted on the
allied and associated powers during the war is regarded as fully
settled and the allied and associated powers waive any claim
against Germany regarding further reparation payments.
Article 42: Insofar as Germany had not already done so,
Germany undertakes to return in good order all the objects of
artistic, historical or archeological value which constitute part
of the cultural assets of the allied and associated powers and were
forcibly or under coercion transported from their territories to
Germany. Claims for restitution of the above-mentioned objects
can be presented within 12 months from the coming into force of
the present treaty.
Germany shall also transfer to the states of which parts
of former German territory were returned or placed under their
jurisdiction all historical, juridical, administrative and technical
archives, together with maps and plans concerning these territories.
Article 43: With the coming into force of the present peace
treaty Germany shall be freed of all obligations under international
treaties and agreements which were concluded by the Government
of the German Democratic Republic and the Government of the
Federal Republic of Germany prior to the coming into force of the
present treaty and which stand in contradiction to the provisions
of the peace treaty.
Article 44: Any dispute concerning the interpretation
of execution of the treaty which is not settled by direct diplomatic
negotiations or in any other way by agreement between the parties
to the dispute shall be referred to a commission composed of
representatives of the Soviet Union, the United Kingdom, the United
States, France, the German Democratic Republic, the Federal
Republic of Germany.
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Republic of Germany. Any such dispute not res,plved by the
commission for the settlement of this dispute within a period of
two months shall, unless the parties to the dispute mutually
agree upon another means of settlement, be referred to a
commission composed of one representative of each party and a
third member selected by mutual agreement of the"two parties
from nationals of a third country.
1) The present treaty shall be ratified and come into
force immediately upon the deposit of instruments of
ratification by the Union of Soviet Socialist Republics, by
the United Kingdom of Great Britain and Northern Ireland,
by the United States of America, by France and Germany.
With respect to every country which will subsequently
ratify the present treaty or accede to it, the treaty will
come into force upon the deposit of instruments of
ratification or accession by this state.
2) If the treaty does not come into force within 10
months after the date of deposit of Germany's instruments
of ratification, any state which has ratified it may enforce
the treaty between itself and Germany by notifying thereof
Germany and the depository state within three years from
the deposit of instruments of ratification by Germany.
Article 46: Any state which was at war with Germany
and is not a signatory to the present treaty may accede to the treaty.
Article 47: The treaty will grant no legal or other rights
or advantages to states which will not be signatories to the present
treaty and no legal or other rights or interests of Germany shall
be regarded as infringed by any provisions of the present treaty
in favor of such states.
Article 48: The present treaty, as well as all instruments
of ratification and accession shall be deposited with the Government
of which shall furnish certified copies to
each of the signatory or acceding states and will inform these states
of all further ratification and accessions.
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In faith whereof the undersigned plenipotentiaries have
signed the present treaty and have affixed thereto their seals.
Done in
in the Russian, English, French and German languages with all
texts being equally authentic.
(TASS text in English)
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STAT
F
IOAUGN54 10 I WHIPCH MAY BE USED10-101
.
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