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IlilS
DOCUMENT I S
THE PROPERTY OP HIS
BRITANNIC MAJESTY S
GOVERNMENT. )
1
S E C R E T .
CP.
Copy
502 ( 3 4 ) .
0 A B I
no.
N E T.
COMMITTEE ON GERMAN KE-ARtv&MENT
t
REPORT,
(For
1.'
previous
Report
The M i n i s t e r i a l
h e l d two m e e t i n g s
on W e d n e s d a y ,
world
the
see
Committee
since
(and at
29b" ( - 5 4 ) , )
on German R e - a r m a m e n t
the Debate
28th November,
fact
CP,
in
t h e House
when we made p u b l i c
t h e same
time
we w e r e
aware
cf
German r e - a r m a m e n t .
were
held
order
to
consider
be and,
also,
in order
best
be
taken
now t o f u r t h e r
slip
the
let
to
opportunity
of
negotiations,
of
Germany
to
having
the League
what
determine
the
of
in
directly)
meetings
s h o u l d now
order
for
ultimate
Nations
the
a c t i o n which
this policy
their
to
These
our p o l i c y
we h a d c r e a t e d
as
Commons
t o l d Germany
that
in
of
has
a
not
to
resumption
aim t h e
and the
could
return
Disarmament
Conf e r e n e e .
2.
The S e c r e t a r y
in the Cabinet
3,
of
State
for
some w e e k s a g o
Foreign A f f a i r s
three
questions,
vis.
­
(a)
A r e we p r e p a r e d t o c o n t e m p l a t e
o f G e r m a n y ' s armaments?
(b)
I f we a r e n o t p r e p a r e d t o do s o , what i s o u r
l i n e g o i n g t o b e when Germany e i t h e r demands
t h e i r l e g a l i s a t i o n o r announces t h a t she has
armed i n v i o l a t i o n o f the T r e a t y o f V e r s a i l l e s
and i n t e n d s t o c o n t i n u e t o d i s r e g a r d the T r e a t y ?
(c)
I f we a r e p r e p a r e d
w h a t a r e we t o s a y
a r e we t o s a y i t ?
As a r e s u l t
of
amendment, b y
x
were
the
Cabinet
on t h e s e
submitted
Cabinet",
46 ( 3 4 ) ,
-1­
legalisation
l e g a l i s e German r e - a r m a m e n t ,
t h e F r e n c h , a n d when and how
discussions
c e r t a i n recommendations
slight
to
to
the
formulated
at
and o t h e r
questions
t o ana a p p r o v e d
their
meeting
C o n c l u s i o n 3.­
with
held
on 1 2 t h D e c e m b e r ,
1954,
in
the
following
form:­
"(a)
T h a t a n a p p r o a c h s h o u l d b e made t o F r a n c e
a t t h e e a r l i e s t p o s s i b l e moment.
This
approach s h o u l d take the form of an
i n v i t a t i o n t o M. F l a n d i n t o v i s i t t h i s
c o u n t r y and t o h o l d d i s c u s s i o n s w i t h u s .
(b)
T h a t we s h o u l d n o t , a t t h e p r e s e n t s t a g e ,
h a v e any d e t a i l e d d i s c u s s i o n s w i t h t h e
I t a l i a n s , though the I t a l i a n Government
s h o u l d be i n f o r m e d o f our i n v i t a t i o n t o
M. F l a n d i n and t h e g e n e r a l t e n o r o f t h e
luatters which i t i s proposed t o d i s c u s s .
Great importance i s , however, a t t a c h e d
u l t i m a t e l y to agreement between France,
I t a l y and t h e U n i t e d Kingdom i n d e a l i n g
with this question.
(c)
T h a t i n t h e d i s c u s s i o n s w i t h M. F l a n d i n
t h e a c t u a l m e t h o d o f a p p r o a c h must h e
e l a s t i c and t h e s e q u e n c e i n w h i c h t h e
v a r i o u s m a t t e r s are d e v e l o p e d can b e s t .
be d e c i d e d i n the l i g h t o f c i r c u m s t a n c e s
at the time.
The f o l l o w i n g p o i n t s ,
however, are considered o f f i r s t
importance
i n these n e g o t i a t i o n s : ­
(i)
(ii)
(iii)
An a t t e m p t must b e made t o g e t t h e
F r e n c h Government t o f a c e the a c t u a l
f a c t s and, p a r t i c u l a r l y , t h a t i t
would appear i m p r a c t i c a b l e to expect
Germany t o s c r a p what she i s i n p r o c e s s
o f b u i l d i n g up i n r e g a r d t o a r m a m e n t s ,
i n o r d e r that a f r e s h s t a r t might be
made i n a new a g r e e m e n t .
I t i s c o n s i d e r e d t h a t the s i t u a t i o n
v i s - a - v i s Germany must b e t a k e n as i t
i s t o - d a y , b e a r i n g i n mind t h a t t h e
r e t u r n o f Germany t o t h e L e a g u e a n d
t o t h e Disarmament C o n f e r e n c e i s
e s s e n t i a l f o r the e s t a b l i s h m e n t and
maintenance of peace i n Europe.
I n d e v e l o p i n g the question of Germany s
r e t u r n t o t h e L e a g u e , we s h o u l d p u t
f o r w a r d o u r v i e w t h a t , w h i l e we do n o t
i n any way c o n d o n e G e r m a n y ' s a c t i o n i n
l e a v i n g t h e L e a g u e , we c a n c o n c e i v e o f
no r e a l b a s i s f o r t h e e s t a b l i s h m e n t a n d
maintenance of p e a c e i n Europe so l o n g
a s Germany r e m a i n s o u t s i d e .
1
(iv)
T h e p o i n t s h o u l d b e made t h a t we a r e
f u l l y c o n v i n c e d of the i l l e g a l i t y of
Germany's re-armament but i t i s c o n s i d e r e d
t o h a v e r e a c h e d t h e s t a g e when i t s r e ­
c o g n i t i o n h a s become i n e v i t a b l e a n d t o
p r e s s s t r o n g l y the p o i n t t h a t i t i s f a r
b e t t e r t h a t t h i s re-armament s h o u l d be
c o n t r o l l e d than t h a t i t should remain
uncontrolled.
(v)
If
t h e F r e n c h Government s h o u l d r a i s e the
p o i n t t h a t Germany h a s , i n f a c t ,
succeeded
b y a p o l i c y o f b l a c k m a i l , we s h o u l d n o t p e r ­
h a p s d i s s e n t b u t we s h o u l d a s k F r a n c e w h a t
are the a l t e r n a t i v e s ,
- AJ
(vi)
Germany w i l l c e r t a i n l y demand e q u a l i t y o f
r i g h t s and may c o n c e i v a b l y n o t b e c o n t e n t
w i t h the idea o f the s t a t u s quo.
We s h o u l d
recognise nothing to begin
w i t h beyond what has
been d o n e , but i n n e g o t i a t i n g t h e C o n v e n t i o n
Germany s h o u l d h e i n t h e same p o s i t i o n a s t h e
o t h e r s i n u p h o l d i n g what f i g u r e s s h e t h i n k s s h e
r e q u i r e s t o be i n s e r t e d i n t h e S c h e d u l e .
If,
f o r example
i t was c o n s i d e r e d t h a t t h e f i g u r e s
i n s e r t e d b y Germany w o u l d b e l i k e l y t o menace
o u r s e c u r i t y o r t h e s e c u r i t y o f P r a n c e , t h e n we
s h o u l d s t r o n g l y c h a l l e n g e them, but i f i t s h o u l d
b e p o s s i b l e t o g e t an a g r e e d s c h e d u l e , t h e n t h i s
s c h e d u l e would., i n f a c t , be i t s e l f a g u a r a n t e e
c f s e c u r i t y because the Powers concerned would
be s a t i s f i e d t h a t none o f t h e f i g u r e s a c c e p t e d
f o r any o t h e r c o u n t r y w e r e a menace t o t h e i r
security.
?
(vii)
(viii)
4.
A p a r t i c u l a r p o i n t t o b e made i s t h a t i t i s
n o t p r o p o s e d t o l e g a l i s e w h a t Germany h a s
d o n e , but r a t h e r t o r e c o g n i s e t h e f a c t o f h e r
r e - a r m a m e n t up t o d a t e ;
b u t t h e r e s h o u l d b e no
q u e s t i o n , a t p r e s e n t , o f r e c o g n i s i n g any f u r t h e r
d e v e l o p m e n t s b e f o r e and u n t i l t h e w h o l e m a t t e r
i s n e g o t i a t e d a t Geneva.
I f a C o n v e n t i o n c a n b e n e g o t i a t e d a t G e n e v a on
t h e l i n e s s u g g e s t e d a b o v e , i t i s on t h e c l e a r
understanding that i t w i l l only replace those
clauses of Part V of t h e Treaty of V e r s a i l l e s
which a r e d i r e c t l y a f f e c t e d .
T h i s w o u l d mean,
f o r example, that the clause dealing with the
D e m i l i t a r i s e d Z o n e s w o u l d not be a m a t t e r f o r
discussion.
(ix)
T h e p o s s i b i l i t y must a l w a y s be f a c e d t h a t
Germany w i l l n o t b e p r e p a r e d t o a c c e p t t h e
s u g g e s t i o n s put f o r w a r d .
T h i s would be s e r i o u s ,
b u t n o t more s e r i o u s t h a n t h e p r e s e n t
situation
d e v e l o p e d a s Germany means t o d e v e l o p i t .
(x)
That i f , d u r i n g the c o u r s e o f the n e g o t i a t i o n s
P r a n c e s h o u l d r a i s e r i g h t s u n d e r A r t i c l e 213
cf the T r e a t y o f V e r s a i l l e s , i t could be p o i n t e d
out t h a t w h i l e i t would a p p e a r e x t r e m e l y u n l i k e l y
t h a t t h i s A r t i c l e would e v e r be e n f o r c e d ,
it
m i g h t be p o s s i b l e , by i n t e r n a t i o n a l a g r e e m e n t ,
t o a r r a n g e f o r a system o f i n s p e c t i o n t o which
Germany h e r s e l f h a s n o t o b j e c t e d , p r o v i d e d i t
i s of general a p p l i c a t i o n t o a l l
countries."
Following
Committee h e l d
the
Cabinet
a further
meeting
meeting
p a p e r d r a w n up b y t h e F o r e i g n
attitude
of
propositions
various
to
govern
These p r o p o s i t i o n s
the
5.
following
powers
our
last
to
examine
Secretary
on t h e
above
impending
were u l t i m a t e l y
Wednesday
the
?
a more
analysing
subject
detailed
the
and
discussion with
cast
by
the
probable
suggesting
France.
Committee
in
form.
The m a i n o b j e c t i v e
in
the
discussions
with France
(and
with
Italy,
the
League
for
this
be
the
and
the
level"
of
for
of
price
words,
Part
V
to
be
the
limitation
of
Germany's
of
implementation
she
must
be
Treaty
by
of
demand
to
international
agreement,
have
to
and
a
may
on which
then
particular
limitation
7.
Thus
it
undertakings
different
will
be
likely
8.
The
with
Italy,
(1)
terms
as
we must
pay
and
to
this
of
demands
in
certain
settle
with
would
be
to
given
these
of
these
status
sides
the
to
Germany,
terms,
the
series
of
our
League
own
and
Germany's
to
other
Britain
would
and
in
Germany's r e t u r n to the
Disarmament
Conference.
(b)
Germany's a c c e s s i o n
equivalent.
be
return
to
Geneva
and
it
advance
is
of
hardly
the
parties^).
France
League
an
the
to
demand w o u l d
(a)
to
it
by
have
undertakings,
the
reciprocal
concurrently
presumably
effect
by
Great
necessary)
will
since
give
given
which
a v/hole
be
Geneva,
one
shall
armaments.
though
and
of
we
both
France
to
have
parts
concessions
return
as
of
this
from
Germany's
her
In
price
reach
these
will
to
too
to
accept
precisely
undertakings
relevant
to
looks
she
necessity
Germany
outside
that
the
induce
parties,
negotiated
Powers.
equality
of
upper
great
the
will
to
"common
concede
being
and
paid
claim
will
concern
some
and
number
Britain
First,
she
we must
objective
with
Great
undertakings.
terms
and
involve
be
to
Versailles.
require
deal
should
face
cancelling
Germany
armaments,
some
European
will
face
this
ask
of
Germany's
But
and
achieve
all
prepared
re-armament
the
of
may a l s o
of
return
will
6.
which
to
Germany
armaments
we
her
ought
which
status;
the
legalising
on)
some
immediate
equality
other
later
and
(in
association
seem t o
to
be:­
the
Eastern Pact,
or
its
I n some c a s e s , s u c h a s t h e f i x a t i o n o f t h e l i m i t s
of
G e r m a n y ' s f u t u r e armaments and t h e c o n c l u s i o n o f
inter­
n a t i o n a l p a c t s ( s e e below) the a c t u a l c a r r y i n g out of the
undertakings g i v e n could perhaps take p l a c e a t a l a t t e r
d a t e and p o s s i b l y a t G e n e v a .
-4­
9.
(c)
The L i m i t a t i o n o f Germany's armaments, i f
still
o o s s i b l e , t o t h e f i g u r e s g i v e n i n t h e German
memorandum o f t h e 1 6 t h A p r i l , p l u s some u n d e r ­
t a k i n g r e g a r d i n g t h e German n a v y ,
(a)
Germany s h o u l d j o i n w i t h t h e U n i t e d K i n g d o m ,
Prance and I t a l y i n the D e c l a r a t i o n w i t h r e g a r d
t o A u s t r i a n i n t e g r i t y and i n d e p e n d e n c e o f the ­
17th F e b r u a r y , 1934,
It
the
seems a l s o
establishment
provided
of
for
highly
of
probable
that
"regime
in the Declaration
that
of
of
France
will
security"
demand
which
is
1932 on G e r m a n y ' s
equality
status,
10,
Our f i r s t
object
r e g a r d Germany's
equivalent,
the
accession
and a l s o
the
above
each country
referred
would be
we
should r e f u s e
be
considered
ourselves,
to
return
or
would,
Germany's
armaments,
of
In
of
regard
figures
a menace
to
of
get
France
the
to
its
the League
conception
the
to put
for
the
to
or
to
latter,
in
its
Europe,
The
of
might
Prance
or
acceptance,
if
and
5
be
the p r o o f
in proportion
dees
not
to
that
those
constitute
of
own f i g u r e s . ,
Germany w h i c h
security
and
while
Germany s s c h e d u l e s by P r a n c e
therefore,
ana o u r s e l v e s ,
to
Germany
naturally
to the peace
ourselves
Prance
to,
free
s h o u l d be p o s s i b l e ,
try
as s a t i s f y i n g
accept
either
to
t o an E a s t e r n P a c t ,
Disarmament C o n f e r e n c e
security
it
should be
the
scale
allotted
a menace
of
to
to
security,
II,
a
If
the French
settlement,
in return
for
formulated
be
to get
proposal
12,
It
to accept
i e.
c
Government
the
grant
can be p e r s u a d e d t o
of
Germany a c c e p t i n g
in paragraph X above,
Italy
to
co-operate
these
does a c c e p t
however,
prove
proposals
them,
or,
we may f i n d
- 5 ­
equality
of
the F r a n c o - B r i t i s h
then
and.
c a n b e made t o Germany
may.
Germany's
accept
the
after
next
that,
on t h e s e
lines.
impossible
either
alternatively,
that
demands
would
joint
to
that
Germany w i l l
status
tiling
a
such
get
if
prove
France
Prance
obstructive.
will
Should
he n e c e s s a r y f o r
whether
they
order
to
13.
The
ensure
sort
British
and F r e n c h
these
His Majesty's
a
situations
Government
of
of
arise,
to
their
it
consider
own
in
settlement.
contributions
make w o u l d p r i m a r i l y
presented
of
can make a n y c o n t r i b u t i o n s
secure
possibly
either
security,
Britain
be measures w h i c h
might
would
but which c o u l d and would be
as c o n s t i t u t i n g
security.
which Great
For
valuable
re­
c o n t r i b u t i o n s to European
instancej­
(a)
A B r i t i s h d e c l a r a t i o n , i n w h i c h i t w o u l d b e most
d e s i r a b l e f o r I t a l y t o j o i n , i n t e r p r e t i n g our
o b l i g a t i o n s under Locarno t o the e f f e c t t h a t a
f l a g r a n t i n v a s i o n o f , o r a t t a c k upon, the t e r r i t o r y
of Belgium, would a u t o m a t i c a l l y be
c o n s i d e r e d by
G r e a t B r i t a i n as an u n p r o v o k e d a c t o f a g g r e s s i o n
r e q u i r i n g G r e a t B r i t a i n t o come i m m e d i a t e l y t o t h e
help of Belgium, in accordance w i t h Part 3 of
A r t i c l e 4 of the T r e a t y o f L o c a r n o , and t h a t t h i s
h e l p s h o u l d b e g i v e n by a l l t h e means i n h e r p o w e r
( c f . u n o f f i c i a l d i s c u s s i o n s l a s t summer w i t h t h e
B e l g i a n Government cn t h i s s u b j e c t ) .
I t a l y would
b e much more l i k e l y t o b e p r e p a r e d t o s u b s c r i b e
t o such a d e c l a r a t i o n i f i t c o n s t i t u t e d o n l y a
p a r t o f a g e n e r a l scheme f o r t h e p a c i f i c a t i o n o f
Europe.
(b)
A r e - a f f i r m a t i o n that Great B r i t a i n s t i l l
considers
the d e m i l i t a r i s a t i o n
o f the Puiineland as a v i t a l
B r i t i s h i n t e r e s t , and w i l l t r e a t i t a s such i n
accordance with the T r e a t y of Locarno.
(It
should be n o t e d , however, t h a t c o n s i d e r a t i o n
m i g h t have t o b e g i v e n t o t h e q u e s t i o n o f a l l o w i n g
Germany t o mount a n t i - a i r c r a f t guns i n t h e d e ­
m i l i t a r i s e d zone i n t h e R h i n e l a n d . )
(c)
A d e c l a r a t i o n o f what m i g h t be c a l l e d " t h e B r i t i s h
Monroe d o c t r i n e " , t o t h e e f f e c t t h a t G r e a t B r i t a i n
w o u l d c o n s i d e r any a t t e m p t t o i n t e r f e r e w i t h t h e
independence or i n t e g r i t y o f Belgium as dangerous
t o her p e a c e and s e c u r i t y .
(NOTE. From o u r p o i n t o f v i e w t h e m a i n t e n a n c e
of the i n t e g r i t y o f H o l l a n d i s of equal importance
t o t h a t o f B e l g i u m , f o r Germany c o u l d u s e H o l l a n d
a s an a i r b a s e a g a i n s t u s w i t h o u t t o u c h i n g B e l g i u m .
From t h i s p o i n t o f v i e w , H o l l a n d i s o f l e s s i n t e r e s t
to France.
I t i s probably b e t t e r , t h e r e f o r e , to
l e a v e Holland out of the c o n s i d e r a t i o n s at t h i s
s t a g e , though t h e r e a r e c e r t a i n v e r y i m p o r t a n t
p o i n t s which w i l l r e q u i r e c a r e f u l c o n s i d e r a t i o n by
u s i n due c o u r s e , )
(d)
A d e c l a r a t i o n t o the e f f e c t t h a t the v i o l a t i o n s
o f t h e f r o n t i e r s o f B e l g i u m and P r a n c e , a s d e a l t
w i t h in P a r t 3 of A r t i c l e 4 of the T r e a t y o f
L o c a r n o , a r e c o n s i d e r e d by G r e a t B r i t a i n t o a p p l y
e q u a l l y t o v i o l a t i o n s by a i r as w e l l as by l a n d .
(e)
As t h e German t h r e a t t o A u s t r i a and I t a l i a n - G e r m a n
r i v a l r y i n t h e Danube B a s i n must be r e c o g n i s e d a s
one o f t h e m a i n c a u s e s o f i n s e c u r i t y i n E u r o p e
t o - d a y , i t s e l i m i n a t i o n would c e r t a i n l y c o n t r i b u t e
t o t h e c r e a t i o n of the d e s i r e d " r e g i m e o f s e c u r i t y " .
Up t i l l now we h a v e h o p e d t h a t t h e p r o b l e m w o u l d
b e s o l v e d by d i r e c t a g r e e m e n t b e t w e e n P r a n c e and
I t a l y , but the p r o s p e c t s o f immediate p r o g r e s s in
t h i s d i r e c t i o n a r e not i m p r o v i n g .
It is for
c o n s i d e r a t i o n , t h e r e f o r e , whether something might
n o t b e done by a d i r e c t B r i t i s h i n i t i a t i v e w i t h
the o b j e c t of t r y i n g t o n e g o t i a t e a settlement of
t h e A u s t r i a n p r o b l e m on t h e b a s i s o f a j o i n t
g u a r a n t e e o f A u s t r i a n i n d e p e n d e n c e by a l l her
neighbours.
T h i s w o u l d n o t i n v o l v e any d i r e c t
commitment by H i s M a j e s t y s G o v e r n m e n t ;
i t wo u l d
m e r e l y be an a t t e m p t on t h e i r p a r t , a s t h e c h i e f
d i s i n t e r e s t e d Power, t o e l i m i n a t e t h i s cause o f
friction.
T
14.
If,
less
a s we b e l i e v e ,
than
the
worth while
carefully
for
the
issue
action
if
these
and
will
coning
negotiations
ourselves,
have been
;
Hitler
stances
from
in
our h a n d s
will
be
well
consider
an end
to
depend
this
tin: t
danger
in that
of
will
In
the
present
that
on
the
and
Prance
situation
peace
emerge as
defiance
to h i s .
for
the
direct
be
matter^,
to
case,
initiative
very
the
may w e l l
will
fact
and t h e
be d r i v e n ,
to
nothing
t o make some
It
in
is
a deadlock between
the
policy
and t h e
we may v e t
put
Government
will,
His
to
and w a r .
result
it
come
negotiations
aggravated
itself,
passed
has n o t
we must f a c e
beneficiary.
justified
have
chaos
His M a j e s t y ' s
increased.
only
the
time
stake
Government
abo^ve l i n e s
towards
in
of
the
at
of Europe,
!
on t h e
drift
peace
object
Eis Msjesty s
whether
contribution
fatal
future
the
will
the
have
definitely
such
sake
circuru­
of
British
13
security,
but
it
to
will
take
then be
them o n a g r e e d
problem.
na
the measures
too
late
settlement
of
indicated
for
us
to
the
German
in
get
p a r a g r a p h 13in
return
re-armament
for
15.
It
is
realised
debatable.
whether
For
that
example,
Germany w i l l
complete
of
both France
and
to
Geneva;
(ii)
that
is
insist
and
to
say,
that
to
is
there
any l i m i t
hereafter
16.
of
If
it
is
Germany,
it
may be n e c e s s a r y
consultations between
with
out
Such
a view
to
ensuing
effectively
their
consultations,
communicated
the
to
if
be r e g a r d e d ,
into
account
if
however,
returning
all
of
get
any a g r e e m e n t
us;
and
is
consider
with
the
question
B e l g i a n and/General
Governments
can
under the Treaty o f
desirable,
Germany
with
freedom
re-armament
might
(2)
Germany
only
is
Staffs
carry
Locarno.
be
This
a s an a l t e r n a t i v e
no agreement
the
be
armaments.
three
considered
by
for
to
more a r m a m e n t s
her
us t o
obligations
and a p p r o v e d
must
to
the
require
of
limits
to
French,
that
her
(i)
French
for
of
a condition
set
impossible
to
be
questioned
to
want freedom f o r
by a r e d u c t i o n
of
as
may
may b e
fcorresponding
negotiating
accompanied
found
7,it
more l i k e l y
re-arm
ourselves)
she w i l l
conclusions
demand l e g a l i s a t i o n
She
freedom
these
in paragraph
merely
armaments up t o d a t e .
given
some o f
possibility
to
found
be
to
taken
be
possible.
17.
The main o b j e c t ,
reasons
should
of
domestic
be g o t
suggest
back
a method
discussions
perhaps,
with
in n e g o t i a t i o n
are
intended
hot
necessarily
and
it
is
to
is
in
if
in
that
desirable
that
and
is
Gemany
first
place,
that
stage
is
the
order
and,
for
in which
set
out
purpose.
they
are
above
T h e y may
set
t o be a d j u s t e d
with France
out
to
require
f r o m many p o i n t s
the negotiations
the
later,
The m a t t e r w i l l
although
above
reached,flexibility
this
may have
out
and
The p r o p o s a l s
guide
details
that
for
In h a n d l i n g
the
a s t h e y may a r i s e .
handling
reasons
proposals set
and p r o c e d u r e .
be e s s e n t i a l .
be taken
country,
The
form a g e n e r a l
t h e most d e l i c a t e
it
Geneva.
Germans,
will
international
in t h i s
approach
conceivable
.Qieet s i t u a t i o n s
view
to
the French
the
for
politics
of
with
both
of
should
be
p r e s s e d on w i t h a s q u i c k l y a s p o s s i b l e , t h e r e a r e i n d i c a t i o n s
( 2 ) " . H i t l e r h a s " i n v i t e d us t o make a d e f e n s i v e a l l i a n c e with F r a n c e .
-8­
that
France
progress
out
of
hitehall
will
take
the
c a n b e made u n t i l
the
way.
Gardens,
18th December,
S.W.I.
1934.
view
that
no r e a l l y
the
Saar
plebiscite
substantial
is
cleared
THIS DOCUMENT IS THE PROPERTY OF HIS BRITANNIG MAJESTY'S GOVERNMENT
437
LEAGUE
OF
NATIONS
(DISARMAMENT).
November 20, 1934.
CONFIDENTIAL.
SECTION 1.
N o . 1.
[ W 10164/1/98]
D R A F T A R T I C L E S FOR THE R E G U L A T I O N AND CONTROL OF THE MANUFACTURE OF
AND
TRADE
IN
ARMS
AND
THE
ESTABLISHMENT
OF
A
PERMANENT
DISARMAMENT COMMISSION.
Proposal
Sitibmitted by the American Delegation.—(Received
in Foreign
from United Kingdom Delegation, Geneva, November 20, 1934.)
Chapter
I.
ARTICLE
1.
Office
F O R the purposes of the present convention five categories of arms
implements of w a r are established as follows : —
Category
and
I.
A r m s , ammunition and implements of w a r exclusively designed and intended
for land, sea or aerial warfare.
(a) A r m s , ammunition and implements exclusively designed and intended
for land, sea or aerial warfare, excepting such arms, ammunition and implements
as are covered in other categories, even though included in the above definitions.
Such arms, ammunition and implements are classified as follows : —
(1)
(2)
(3)
(4)
(5)
Rifles and carbines.
Machine guns, automatic rifles and machine pistols of all calibres.
Guns, howitzers and mortars of all calibres.
Mounts, accessories, devices or appliances for use w i t h the above arms.
Ammunition and projectiles for the arms enumerated under Nos. ( 1 ) , ( 2 )
and ( 3 ) above.
( 6 ) Grenades, bombs, torpedoes, depth charges, mines, and apparatus for
their use or discharge.
(7) Tanks and military armoured cars.
(b) Component parts, completely finished, or fully processed, of the articles
covered by (a) above, if capable of being utilised only as spare parts or in the
assembly or repair of said articles.
Category
II.—Naval
Armaments.
( 1 ) Vessels of w a r of all kinds, including aircraft carriers and submarines,
and their arms, ammunition and implements of w a r mounted on board and
forming a part of their normal armament.
Category
III.-—Aerial
Armaments.
(a)—(1)
Types of aircraft, both heavier than air and lighter than air, which
are designed, adapted or intended for military or naval reconnaissance or for
aerial combat by the use of machine guns or of artillery or by carrying or
dropping bombs or fitted with defensive armour.
(2) Bomb sights and mounts, bomb racks and bomb release mechanism,
aircraft guns and mounts and appliances for their use.
( 3 ) A i r c r a f t engines, to be subjected to the provisions of this convention
relating to the traffic in arms, but not to those provisions relating to their
manufacture.
( 4 ) Processed parts of the types of aircraft, appliances and equipment
listed in (1), ( 2 ) and ( 3 ) , if capable of being utilised only in their assembly or
repair or as spare parts thereof.
[261
u - 1 ]
B
Category
IV.
A r m s and ammunition capable of being used for both military and non­
military purposes : —
A r m s and ammunition originally designed and intended for land,
sea or aerial w a r f a r e , which are no longer standard nor comprised in
the armament of the State from which exportation is contemplated,
nor of the State by which importation is contemplated, or which are
capable of military as well as other use.
(2) Other rifled firearms which will fire ammunition that can be
fired from the firearms listed in Category I.
Component parts, completely finished, or fully processed, of the articles
covered by (a) above, if capable of being utilised only as spare parts
or in the assembly or repair of the said articles.
(a)—(1)
(b)
Category
V.
A r m s and ammunition designed and intended for non-military use and
which only incidentally and exceptionally can be used for military purposes : —
(1) Shot-guns of all types and ammunition therefor.
(2) Revolvers and automatic pistols designed for single-handed
ammunition therefor.
(3) Sporting rifles and ammunition therefor.
Chapter TI.-Provisions
for the Manufacture
ARTICLE
of Arms and Implements
use
and
of
War.
2.
The manufacture of and the trade in arms and implements of w a r being
matters of interest to public international order, the high contracting parties
assume entire responsibility for the control of these matters in the territories
under their respective jurisdictions.
ARTICLE
3.
The high contracting parties undertake to enact the necessary legal
provisions to ensure in the strictest manner the inspection and supervision of the
manufacture of and the trade in arms and implements of w a r .
The high contracting parties shall inform the commission of the provisions
of the national control enacted and exercised over the manufacture of and trade
in arms and implements of w a r within the territories under their respective
jurisdiction as provided for in this article.
ARTICLE
4.
The high contracting parties undertake to conform to the measures of
permanent and automatic supervision as set forth in Chapter I V , the object of
which is to verify that manufactures, exports and imports of arms and implements
of w a r accord with the provisions of this convention.
ARTICLE
5.
The high contracting parties undertake not to permit, in the territories
subject to their respective jurisdictions, the manufacture of aimis and implements
of w a r as set forth in Categories I, I I and I I I of article 1 unless the manu­
facturers have obtained a licence to manufacture issued by the Government.
ARTICLE
6.
The licence to manufacture will be valid for a period not exceeding five years
and will be renewable by decision of the Government for further periods.
It
will give in p a r t i c u l a r —
( 1 ) The name and address of the manufacturer, or the name and head office
and principal works of the firm.
(2) A description of the implements of w a r (categories of arms, arms, or
component parts, as specified in article 1), the manufacture of which
is authorised.
The licence will state further that all orders received by the manufacturer
are to be communicated immediately to the Government which has granted the
licence.
ARTICLE
7.
The high contracting parties, in so f a r as it pertains to their respective j u r i s ­
dictions, will f o r w a r d among other information to the Permanent Disarmament
Commission : —
(a) W i t h i n three months from the entry into force of the convention, a list
of State establishments with a description of the implements of w a r
(categories of arms, arms, component parts) which each is capable of
manufacturing and, as they occur, any changes made in the list or
description.
(b) Copies of all licences to manufacture granted or renewed, within thirty
days following the grant or renewal of the licence.
(c) A list of orders, from whatever source received, within thirty days
following the i*eceipt of these orders by the establishments holding
licences and by the State establishments.
(d) A statement of all manufactures effected during the calendar year within
three months following the close of this year.
Chapter III.—Provisions Concerning
the Trade in Arms and Implements
ARTICLE
of
War.
8.
The high contracting parties undertake not to
their jurisdiction the export of articles appearing
of article 1, or the import of articles in Categories
without an export or import licence issued by the
The export licence shall contain : —
permit in the territories under
in Categories I to V inclusive,
I to I I I inclusive, of article 1,
Government.
(a) A
description of the implements of w a r (categories of arms, arms,
component parts) the shipment of which is authorised, their number
or weight.
( 6 ) The name and address of the exporter with reference to the authority
to manufacture.
(c) The name and address of the importing consignee.
(d) For consignments embraced in Categories I, I I and I I I , the name of the
Government which has authorised the import and reference to the
licence to import issued by the Government.
The import licence for implements of w a r embraced in Categories I, I I and
I I I shall contain : —
(a) A
description of the implements of w a r (categories of arms, arms,
component parts) the shipment of which is authorised, their number
or weight.
(&) The name and address of the exporter.
(c) The name and address of the importing consignee.
ARTICLE
9.
The high contracting parties, in so far as it pertains to their respective
jurisdictions, will forward among other information to the Permanent D i s a r m a ­
ment Commission copies of all import or export licences before the date of
entry into or despatch from the territory of the arms and implements of w a r
referred to in the said licences and a further statement of all imports and
exports effected during the calendar year, within three months following the
close-of that year.
ARTICLE
10.
The high contracting parties also undertake not to permit in the territories
under their respective jurisdictions the export of arms and the implements of
w a r embraced in any categories without an export licence issued by the Govern­
ment and the import of arms and implements of w a r embraced in Categories I ,
I I and I I I without an import licence issued by the Government.
[261 u - 1 ]
B 2
The export shall be for direct supply to the Government of the importing
State, or, with the consent of such Government, to a public authority subordinate
to it.
ARTICLE
11.
Nevertheless, export for supply to private persons may be permitted in the
following cases : —
(1) Articles covered by Category I, exported direct to a manufacturer of
w a r material for use by him for the requirements of his industry,
provided their import has been duly authorised by the Government
of the importing country.
(2) Rifles and carbines and their ammunition exported for supply to rifle
associations formed for the encouragement of individual sport and
duly authorised by their own Government to use them, provided
their import is not contrary to any other provisions of the present
convention. Such arms and ammunition shall be sent direct to the
Government of the importing country for transmission by such
Government to the associations for which they are supplied.
(3) Samples of articles covered by Categorv I exported for demonstration
purposes direct to a trade representative of the exporting manufacturer,
provided such representative is duly authorised by the Government
of the importing country to receive them.
ARTICLE
12.
The high contracting parties undertake not to export or permit the export
in the territories under their jurisdiction of the articles covered by Category I V
of article 1, without the export licence referred to in article 8, chapter I I I , issued
by the Government Of the exporting country, and a consular visa issued by a
competent authority of the importing country.
ARTICLE
13.
The high contracting parties undertake not to export or permit the export
in the territories under their jurisdiction of the articles covered by Category V
of article 1, without the export licence referred to in article 8, chapter I I I , issued
by the Government of the exporting country.
ARTICLE
14.
W i t h i n one month after the date of laying down and the date of completion
respectively of each vessel of w a r laid down or completed for the account of
another Government the high contracting parties shall communicate to the
Permanent Disarmament Commission the information detailed b e l o w : —
(a)
The date of laying down the keel and the following particulars : —
Classification of the vessel and for whom built.
Standard displacement in tons and metric tons.
P r i n c i p a l dimensions, namely, length of waterline, extreme beam
at or below waterline.
M e a n draught at standard displacement.
Calibre of the largest gun.
(b)
The date of completion, together with the foregoing particulars relating
to the vessel at that date.
W i t h i n six months of the close of each quarter, a return for that quarter
shall be made to the Permanent Commission, showing the particulars specified
above in respect of every vessel of w a r not subject to limitation, laid down or
completed within their territorial jurisdiction for account of the Government of
another State.
ARTICLE
15.
The high contracting parties undertake not to apply a more favourable regime
to imports of articles referred to in article 1 coming from the territories of
non-contracting States than that which they w i l l apply to such imports coming
from territories of contracting States, and to subject these imports, of whatever
origin and exports to non-contracting States, to the same conditions of authorisa­
tion and, so far as possible, of publicity.
ARTICLE
16.
The high contracting parties agree that the provisions of the present
convention in respect to export licences and import licences do not a p p l y —
(a)
(b)
(c)
T o arms or ammunition or to implements of w a r forwarded from territory
under the sovereignty, jurisdiction, protection or tutelage of a high
contracting party, for use of the armed forces of such high
contracting party, wherever situated; nor
T o arms or ammunition carried by individual members of such forces
or by other persons in the service of a high contracting party, and
required by them by reason of their calling; nor
To rifles, carbines and the necessary ammunition therefor, carried by
members of rifle clubs for the sole purpose of individual use in inter­
national competitions in marksmanship.
Chapter IV.—Composition, Functions and Operation
Disarmament
Commission.
ARTICLE
of the
Permanent
17.
There shall be set u p at the seat of the League of Nations a Permanent
Disarmament Commission composed of representatives of the Governments of
the high contracting parties. Each such Government shall appoint one member
of the commission. Each member may be accompanied by substitutes and experts.
The Governments of the high contracting parties will inform the SecretaryGeneral of the L e a g u e of Nations of the names of their representatives,
substitutes and experts on their nomination and on any changes being made.
ARTICLE
18.
The commission may be assisted by experts chosen by itself, not being experts
appointed by the high contracting parties to accompany their representatives, it
being understood, however, that these experts may not accompany either the
inspection or special investigation committees.
ARTICLE
19.
The Secretary-General of the League of Nations shall provide the secretariat
of the commission.
ARTICLE
20.
I t shall be the duty of the Permanent Disarmament Commission to follow
and report upon the execution of the present convention, and to this end it will,
as hereinafter p r o v i d e d —
(1) Examine the information furnished it under the provisions of the
present convention.
(2) Establish an adequate system of publicity for the manufacture of and
trade in arms.
(3) Establish a permanent and automatic system of investigation.
(4) Cause special im estigations to be made.
r
ARTICLE
21.
The commission shall receive, co-ordinate and carry out an examination of
the information furnished by the high contracting parties in pursuance of their
obligations under the present convention.
ARTICLE
22.
W i t h the view to following the execution of the present convention, the
commission shall publish the results of its examination of the information
received.
[261 i i - 1 ]
B 3
ARTICLE
23.
The commission shall publish within three months after the close of each
quarter a return of the statistical data furnished under the provisions of
articles 6 and 8 of the present convention, duly co-ordinated and showing the
situation as regards the orders for the manufacture of and the traffic in arms
and implements of w a r . I t shall likewise publish annually a duly co-ordinated
table showing the production of arms and implements of war.
ARTICLE
24.
W i t h i n the limits of the obligations assumed in the present convention, the
commission may request the high contracting parties to supply, in writing or
verbally, any supplementary particulars or explanations in regard to the
information furnished under the provisions of articles 3, 6, 7, 8, 9, 1 4 and 15 of
the present convention.
The commission may take into account any other information which may
reach it from a responsible source and which it may consider pertinent to the
execution of the functions prescribed in article 2 0 of the present convention.
I n all cases it will examine all information furnished by any member of
the Permanent Disarmament Commission.
ARTICLE
25.
The commission shall be entitled to hear or consult any person who is in
a position to throw any light on the question which is being examined by the
commission.
ARTICLE
26.
W i t h i n the limits, of the obligations assumed under the present convention,
the commission shall be entitled annually, or more often if it so determines, to
examine upon the territory of each of the high contracting parties the conditions
of the national control exercised by the high contracting parties over the
manufacture of and trade in arms and implements of war, the operation of such
control and the accuracy of the information furnished.
T o this end the commission shall create committees, which w i l l be entrusted
with the duty of proceeding to the local inspections provided in this article.
The commission shall determine the composition of these committees, and
shall issue instructions within the scope of the following rules : —
The commission shall determine the number of inspection committees
and the regions to be assigned to them.
The composition of the group of States under the jurisdiction
of the same committee shall be determined in such a w a y as not to
include any Powers not maintaining diplomatic relations with each
other.
This composition may be modified at any time by the commission.
(b) The commission will appoint the members of the inspection committees.
A l l States belonging to a regional group under the jurisdiction
of a committee shall be represented thereon on a basis of absolute
equality. Each committee will, in addition, include nationals of other
States.
W h i l e the committee is proceeding to the local inspection in the
territory of a State, the representatives of such State shall cease,
temporarily and until the inspection is finished, to sit on the
committee.
On the other hand, the State undergoing inspection shall name
one or more assessors who shall accompany the committee during such
inspection.
These assessors shall be constantly at the disposal of
the committee in order to facilitate the accomplishment of its task.
The committee shall not refuse them the right to be present at its
investigations.
(c) The chairmanship of the committee shall be assumed by each of the
members in turn. The rotation will be determined by d r a w i n g lots.
id) The committees will d r a w up the program of each investigation in
conformity w i t h the instructions given them by the commission.
(a)
(e)
The committee's sole task shall be the establishment of facts.
In
particular, they shall not give orders or make observations to the local,
civil or military authorities.
W h e n help is required from these
authorities it shall be requested through the intermediary of the
assessors representing the State under inspection.
These assessors
must be provided with written instructions giving them all necessary
powers for this purpose.
ARTICLE
27.
A n y high contracting party shall be entitled to request the commission to
conduct in its territory such investigation as may be necessary in order to verify
the execution of its obligations under the present convention.
On receipt of such a request, the commission shall meet at once in order to
give effect to it and to determine the scope of any such investigation, and to lay
down the conditions in which the investigation is to take place; it being under­
stood that the commission may decide not to hold such investigation if the high
contracting party making the request is satisfied with the results of the
commission^ deliberations.
ARTICLE
28.
I f one of the high contracting parties is of the opinion that the provisions
of the present convention have been infringed, such a party may address a
complaint to the commission.
The commission shall meet at once to consider the matter, and will invite the
high contracting party, whose attitude towards the fulfilment of its obligations
has produced the complaint, to supply it with all the explanations which may be
useful.
Should the commission determine that the complaint is of such a nature as
to w a r r a n t a special investigation, its decision to conduct the investigation on the
territory of the high contracting party in question must be taken by a two-thirds
majority of all members of the commission, whether present at the meeting or not.
The special investigations provided for in the present article shall be carried
out by a special committee created for this purpose. These special investigating
bodies shall include a majority of members from States of regional groups other
than those including the States concerned.
The State making the complaint and the State undergoing special investiga­
tion shall not be represented on the special committee by members, but shall name
one or more assessors, w h o shall accompany the committee during such inspections.
ARTICLE
29.
The results of any investigation decided upon in accordance with articles 26,
27 and 28 shall be embodied in each case in a special report by the commission,
which may contain recommendations addressed to the high contracting parties.
ARTICLE
30.
(1) I n the carrying out of investigations conducted by the Permanent
Disarmament Commission at its permanent seat, whenever information in
addition to that information furnished in pursuance of articles 7, 9 and 14 is
considered necessary or desirable, the Permanent Disarmament Commission may
make requests therefor to the high contracting parties from which it is desired.
Such requests shall normally be made through the representatives of those high
contracting parties on the Permanent Disarmament Commission.
The high
contracting parties agree to meet such requests and to furnish the information
desired through the representatives on the said commission or otherwise, subject
to the right to decline to furnish the desired information upon certification that
the information is within the scope of the exemptions hereinafter set forth in
paragraph (4) of this article.
(2) The
Permanent
Disarmament
Commission,
during
investigations
conducted at its permanent seat, is privileged to examine such witnesses as
voluntarily appear before it. A full record shall be made of such examination.
N o national of any high contracting party may be so examined unless its
representative of the Permanent Disarmament Commission shall have been duly
notified in advance of the examination and given an opportunity to be present
thereat.
( 3 ) I n the carrying out of the investigations conducted by the Permanent
Disarmament Commission or any committees thereof at any place other than its
permanent seat, the investigation shall be limited to the following procedures : —
T h e examination under oath of responsible officials or employees of the
high contracting parties designated by it and charged with the details
of the execution of this convention.
(b) T h e examination of pertinent documents under the jurisdiction or control
of the officials indicated in (a) above.
(c) T h e examination under oath of nationals other than Government officials
of the high contracting parties who are then within its territory.
The high contracting parties agree to make available by all means at
their disposal any such national whose presence is requested by the
Permanent Disarmament Commission or its committees.
(d) The examination provided for in (a), (b) and (c) above shall be made fully
of record and conducted in the presence of designated representatives
of the high contracting party under investigation.
(a)
( 4 ) I n the carrying out of any investigation provided for in this convention,
information covering any and all of the following matters shall be exempted from
presentation to the Permanent Disarmament Commission or any committee
thereof: —
(a) Technical details of design, physical and chemical composition of
materials, manufacturing processes, and any matter related to these
things which constitute a trade or defence secret.
(6) Records, public and/or private, so far as they contain information
covering production cost, profit accounting, credit facilities, internal
finance of
the establishment, correspondence
with
prospective
customers apart from orders actually entered or agreed to, studies
and plans for possible future expansion of manufacturing facilities
and of productive accounts and studies pertaining solely to sources
of r a w materials, of partially processed components, and of manu­
facturing equipment.
(c) Stocks of r a w materials.
ARTICLE
31.
Each member of the commission shall be entitled to require that, in any
report by the commission, account shall be taken of the opinions or suggestions
put f o r w a r d by him, if necessary in the form of a separate report.
ARTICLE
32.
A l l reports by the commission shall be immediately communicated to the high
contracting parties and to the Council of the League of Nations.
ARTICLE
33.
The commission shall, furthermore, receive and cause to be published the
information which the high contracting parties are bound to communicate in
respect of their armaments to the Secretary-General of the League of Nations
in pursuance of their international obligations in this respect.
The commission
may request the high contracting parties to supply in w r i t i n g or verbally any
supplementary particulars or explanations regarding the said information.
ARTICLE
34. '
W i t h i n the limits of its functions, the commission shall supply the Council
of the League of Nations with any information and advice which the Council may
request of it.
ARTICLE
35.
T h e commission shall meet for the first time, on being summoned by the
Secretary-General of the L e a g u e of Nations, within three months from the entry
into force of the present convention, to elect a provisional president and vice­
president and to d r a w up its rules of procedure.
Thereafter it shall meet at least once a year in ordinary session on the date
fixed in its rules of procedure.
I t shall also meet in extraordinary session : —
(1) W h e n such a meeting is prescribed by the present convention.
(2) I f its bureau so decides, either of its own motion or on the request of one
of the high contracting parties.
(3) On the request of the Council of the L e a g u e of Nations.
ARTICLE
36.
Except in cases where larger majorities are provided for under the present
convention or in the rules of procedure of the commission, the decisions of the
commission will be taken by a majority of the members present at the meeting.
A vote may only be taken on the adoption of the rules of procedure of the
commission if half at least of the high contracting parties are represented at the
meeting.
If, owing to this quorum not being reached, the commission is unable to act,
a second meeting may be called fifteen days later.
A t this second meeting the
draft rules of procedure may be validly adopted, whatever be the number of
members present.
The commission may only validly consider modifications of the rules of
procedure provided that the object of such modifications has been stated specially
in the convocation.
T h e provisions stipulated above in this article concerning the number of
attendances necessary for the adoption of the rules of procedure shall apply to
discussions of modifications thereto.
Moreover, in order that the draft
modifications may be adopted, a two-thirds majority of the members present at
the meeting shall be required.
ARTICLE
37.
The general expenditure of the commission shall form the subject of a special
chapter in the budget of the League of Nations.
The high contracting parties who are not members of the League shall bear
a reasonable share of the said expenditure. A n agreement to this effect w i l l be
reached between these parties and the secretary-general of the commission.
The travelling expenses and subsistence allowances of the members of the
commission, their substitutes and experts shall be p a i d by their respective
Governments.
T h e commission shall d r a w up regulations relating to the expenditure
necessitated by its work.
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