2. Withholding support from aggressors

Each party would agree to withhold assistance, military or economic, to any aggressor, and any party could bring the aggression to the attention of the United Nations, and seek such measures as are necessary to maintain or to restore international peace and security. 3. Limitation of forces and armaments

In a zone comprising areas of comparable size and depth and importance on both sides of the line of demarcation between a reunified Germany and the Eastern European countries, levels for armed forces would be specified so as to establish a military balance which would contribute to European security and help to relieve the burden of armaments. There would be appropriate provisions for the maintenance of this balance. In parts of the zone which lie closest to the line of demarcation, there might be special measures relating to the disposition of military forces and installations.

4. Inspection and control

The parties would provide information on an agreed progressive basis on their armed forces in the zone. There would be agreement on progressive procedures of mutual inspection to verify such data and to warn against any preparation for surprise attack.

5. Special warning system

In order to provide added depth to the surveillance system on both sides and thus give further protection against surprise attack, provision could be made to establish:

A) in the Western part of the zone mentioned in paragraph 3, a radar warning system operated by the Soviet Union and the other Eastern members of the treaty, and

B) a like system in the Eastern part of that zone operated by the NATO members of the treaty.

6. Consultation—

There would be suitable provision for consultation among the parties to implement the Treaty.

7. Individual and collective self-defense

It would be provided that nothing in the Treaty would impair or conflict with the right of individual and collective self-defense recognized by the United Nations Charter and Treaties under it. No party would continue to station forces in the territory of any other party without the latter's consent, and upon request of the party concerned any party would withdraw its forces within a stated period, unless these forces are present in the territory concerned under collective defense arrangements.

8. Obligation to react against aggression

Each party would agree that armed attack in Europe by any party which is also a NATO member, against any party which is not a NATO member, or vice-versa, would endanger the peace and security which is the object of this Treaty, and that all the parties would then take appropriate action to meet that common danger.

9. Entry into force by stages

The provisions would come into effect progressively at stages to be agreed.

PLAN FOR GERMAN REUNIFICATION IN FREEDOM

Method of Reunification

German reunification and the conclusion of a freely negotiated Peace Treaty with a united Germany should be achieved in the following stages:

I-Free elections throughout Germany.

II-The convocation of a National Assembly resulting from those elections.

III—The drafting of a Constitution and the preparation of Peace Treaty negotiations.

IV-The adoption of the Constitution and the formation of an all-German Government responsible for the negotiation and conclusion of the Peace Treaty.

V—The signature and entry into force of the Peace Treaty.

I-FREE ELECTIONS THROUGHOUT GERMANY

Free and secret elections should be held throughout Germany including Berlin at the earliest possible date. These elections must be held in conditions of genuine freedom. Safeguards must be agreed to assure this freedom before, after and during the elections. The elections must also be supervised in such a manner as to make sure that these safeguards are observed and that the elections are properly conducted.

(1) Preparations for the Elections

(a) The Electoral Law

The Electoral Law should be prepared by France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America, in consultation with German experts, taking into consideration the electoral laws already drafted for this purpose by the Bundestag of the Federal Republic and the Soviet Zone Volkskammer. When approved by the Four Powers it should be published throughout Germany. Elections should take place as soon as possible thereafter.

(b) Guarantees for Free Elections

The draft electoral law must contain provisions which will guarantee the genuine freedom of the elections. These include, amongst others:

Freedom of movement throughout Germany.

Freedom of presentation of candidates.

Immunity of candidates.

Freedom from arbitrary arrest or victimisation.

Freedom of association and political meetings.

Freedom of expression for all.

Freedom of the press, radio and television and free circula

tion of newspapers, periodicals, etc.

Secrecy of the vote.

Security of polling stations and ballot boxes.

(c) Supervision of the Elections

Supervision should be carried out by a Supervisory Commission throughout the whole of Germany. There should be a central body with subordinate bodies at Land and local levels. All votes should be counted and verified at local headquarters in the presence of the Supervisory Commission.

(i) Composition of Supervisory Commission-The Commission should be composed of representatives of the Four Powers with or without the participation of neutrals, assisted by Germans in a consultative capacity.

(ii) Organisation of the Commission-The Commission should work on a Committee basis. Its decisions should be taken by majority vote.

(iii) Functions and Powers of the Commission-The principal task of the Commission will be to ensure that the elections take place in genuine freedom and in strict conformity with the provisions of the Electoral Law.

(2) Method for Completing the Above Preparations

The Foreign Ministers must in the first place agree on the principles contained in this Plan. They will then give instructions accordingly to a Working Group, consisting of the principal representatives in Germany of the Four Powers, or members of their staffs, which will work out the necessary details and submit a report. This report should include, in particular:

(1) the draft of the all-German Electoral Law;

(2) detailed recommendations regarding the supervision of the elections.

The Working Group should begin work not later than two weeks after the Foreign Ministers have agreed on the principles contained in this Plan. It should submit its report to the Four Governments not later than one month after beginning its work.

II THE NATIONAL ASSEMBLY

The all-German elections will establish an all-German National Assembly.

During the period between the end of the elections and the full assumption of control by the all-German Government, it will be desirable for part of the supervisory machinery to remain in operation, in order to prevent action after the elections which would impair the conditions of genuine freedom under which they will have been held, as provided in Section I (1) (b) above. Recommendations on this subject should be included in the report of the Working Group.

III-DRAFTING OF A CONSTITUTION AND PREPARATION OF PEACE TREATY NEGOTIATIONS

The National Assembly will begin drafting a Constitution as soon as possible after its first meeting. Meanwhile, it may form a provisional all-German Authority charged with assisting the Assembly in drafting the Constitution and with preparing the nucleus of the future allGerman executive organs. The Authority may also open with the Four Powers preliminary negotiations for the Peace Treaty.

IV-ADOPTION OF THE CONSTITUTION AND FORMATION OF AN ALLGERMAN GOVERNMENT RESPONSIBLE FOR THE NEGOTIATION AND CONCLUSION OF THE PEACE TREATY

The draft of the Constitution will be submitted to the Assembly as soon as possible. Immediately after it has been adopted an allGerman Government will be formed. This Government will then be responsible for the negotiation and conclusion of the Peace Treaty. At the same time, such other institutions as may be provided for in the Constitution shall be established.

As soon as the all-German Government has been formed, the National Assembly will determine how the powers of the Federal Government and the German authorities in the Soviet Zone shall be transferred to the all-German Government, and how the two former shall be brought to an end.

The all-German Government shall have authority to assume or reject the international rights and obligations of the Federal Republic and the Soviet Zone of Germany and to conclude such other international agreements as it may wish. The Four Powers will support any application of the all-German Government to accede to the United Nations Organization.

Each of the Four Powers will exercise, with respect to the National Assembly, the provisional all-German Authority and the all-German Government, only those of its rights which relate to the stationing of armed forces in Germany and the protection of their security; Berlin; the reunification of Germany; and a Peace Treaty.

Decisions of the National Assembly, the provisional all-German Authority and the all-German Government in carrying out this Plan will not require the approval of the Four Powers. Such decisions may not be disapproved except by a majority vote of the Four Powers.

V-SIGNATURE AND ENTRY INTO FORCE OF THE PEACE TREATY

The signatories to the Treaty should include all States, or the successors thereof, which were at war with Germany. The Treaty should enter into force when ratified by the Four Powers and by Germany.

Soviet Proposals

147. DRAFT PEACE TREATY WITH GERMANY: PROPOSAL BY THE USSR, FEBRUARY 1, 1954 1

Almost 9 years have elapsed since the end of the war with Germany, and Germany still has no peace treaty; it is still divided, and continues to be in a position of inequality in relation to other states. It is necessary to put an end to such an abnormal situation.

This is consonant with the aspirations of all peace-loving peoples. Without the speedy conclusion of a peace treaty with Germany, it is impossible to insure equitable treatment of the German people's legitimate national interests.

The conclusion of a peace treaty with Germany is essential for the reinforcement of peace in Europe. A peace treaty with Germany would permit a final solution of the problems resulting from the

1 Department of State Publicrtion 5399.

Second World War. The states of Europe, which suffered from Hitler's aggression, and especially Germany's neighbors, are vitally interested in a solution of these problems. The conclusion of a peace treaty with Germany would contribute to the improvement of the international situation as a whole and thus facilitate the establishment of lasting peace.

The need to expedite the conclusion of a peace treaty with Germany is dictated by the fact that the danger of the reestablishment of German militarism, which twice unleashed a world war, has not been removed owing to the fact that certain provisions of the Potsdam conference have not yet been complied with. A peace treaty with Germany should insure the elimination of the possibility of a rebirth of German militarism and of German aggression.

The conclusion of a peace treaty with Germany will create lasting conditions of peace for the German people, will further the development of Germany as a unified, independent, democratic, and peaceloving State in accordance with the terms of the Potsdam provisions and will afford the German people the possibility of peaceful cooperation with other peoples.

Accordingly, the Governments of the Soviet Union, of the U. S. A., of Great Britain, and of France have decided to start without delay on the problem of working out a peace treaty with Germany.

The Governments of the U. S. S. R., of the U. S. A., of Great Britain, and of France consider that Germany, as represented by an all-German government, should participate in the preparation of a peace treaty and that a peace treaty with Germany should be based on the following principles:

I. BASIC POINTS OF A PEACE TREATY WITH GERMANY

Participants:

Great Britain, the U. S. S. R., the U. S. A., France, Poland, Czechoslovakia, Belgium, Holland and those other states whose armed forces participated in the war against Germany.

II. POLITICAL PROVISIONS

1. Germany shall be restored as a unified State. Thus, the division of Germany shall end and a unified Germany shall be given the opportunity to develop as an independent, democratic and peace-loving State.

2. All the armed forces of the Occupying Powers shall be withdrawn from Germany, not later than 1 year after the date of the coming into force of a peace treaty. All foreign military bases on the territory of Germany shall be liquidated simultaneously.

3. Democratic rights shall be guaranteed to the German people, so that all persons under German jurisdiction, without distinction as to race, sex, language or religion, may enjoy human rights and basic freedoms, including freedom of speech, press, religious creed, political convictions, and assembly.

4. The unfettered activity of democratic parties and of organizations shall be insured and they shall be accorded the right freely to decide their internal affairs, to hold meetings and assemblies, and to have freedom of press and publications.