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6. Subject only to the requirements of their security, the occupation authorities guarantee that all agencies of the occupation will respect the civil rights of every person to be protected against arbitrary arrest, search or seizure; to be represented by counsel; to be admitted to bail as circumstances warrant; to communicate with relatives; and to have a fair and prompt trial.

7. Legislation of the occupation authorities enacted before the effective date of the Basic Law shall remain in force until repealed or amended by the occupation authorities in accordance with the following provisions:

(a) legislation inconsistent with the foregoing will be repealed or amended to make it consistent herewith;

(b) legislation based upon the reserved powers, referred to in paragraph 2 above, will be codified;

(c) legislation not referred to in (a) and (b) will be repealed by the occupation authorities on request from appropriate German authorities.

8. Any action shall be deemed to be the act of the occupation authorities under the powers herein reserved, and effective as such under this Instrument, when taken or evidenced in any manner provided by any agreement between them. The occupation authorities may in their discretion effectuate their decisions either directly or through instructions to the appropriate German authorities.

9. After 12 months and in any event within 18 months of the effective date of this Instrument the occupying powers will undertake a review of its provisions in the light of experience with its operation. and with a view to extending the jurisdiction of the German authorities in_the_legislative, executive and judicial fields.

(c) Trizonal Fusion Agreement for Western Germany1

The Governments of the United Kingdom, France and the United States agrees to enter into a trizonal fusion agreement prior to the entry into effect of the Occupation Statute. The representatives of the three occupying powers will make the necessary arrangements to establish tripartite control machinery for western zones of Germany, which will become effective at the time of the establishment of a provisional German government. The following provisions agreed by the Governments of the United Kingdom, France and the United States shall form the basis of those arrangements:

1. An Allied High Commission composed of one High Commissioner of each occupying power or his representative shall be the supreme Allied agency of control.

2. The nature and extent of controls exercised by the Allied High Commission shall be in harmony with the Occupation Statute and international agreements.

3. In order to permit the German Federal Republic to exercise increased responsibilities over domestic affairs and to reduce the burden. of occupation costs, staff personnel shall be kept to a minimum.

1 Department of State Bulletin, May 8, 1949, pp. 589-590. Release to the press April 26, 1949.

4. In the exercise of the powers reserved to the Occupation Authorities to approve amendments to the Federal Constitution, the decisions of the Allied High Commission shall require unanimous agree

ment.

5. In cases in which the exercise of, or failure to exercise, the powers reserved under paragraph 2 (g) of the Occupation Statute would increase the need for assistance from United States Government appropriated funds, there shall be a system of weighted voting. Under such system the representatives of the Occupation Authorities will have a voting strength proportionate to the funds made available to Germany by their respective governments. This provision shall not, however, reduce the present United States predominant voice in JEIA and JFEA while these organizations, or any successor organization to them, continue in existence and are charged with the performance of any of their present functions. No action taken hereunder shall be contrary to any inter-governmental agreement among the signatories or to the principles of non-discrimination.

6. On all other matters action shall be by majority vote.

7. (a) If a majority decision alters or modifies any inter-governmental agreement which relates to any of the subjects listed in paragraph 2 (a) and 2 (b) of the Occupation Statute, any dissenting High Commissioner may appeal to his Government. This appeal shall serve to suspend the decision pending agreement between the three governments.

(b) If a High Commissioner considers that a majority decision conflicts with any inter-governmental agreement which relates to any of the subjects in paragraph 2 (a) and 2 (b) of the Occupation Statute or with the fundamental principles for the conduct of Germany's external relations or with matters essential to the security, prestige, and requirements of the occupying forces, he may appeal to his Government. Such an appeal shall serve to suspend action for 30 days, and thereafter unless two of the Governments indicate that the grounds do not justify further suspension.

(c) If such appeal is from an action of the Allied High Commission either declining to disapprove or deciding to disapprove German legislation, such legislation shall be provisionally disapproved for the duration of the appeal period.

8. A High Commissioner who considers that a decision made by less than unanimous vote involving any other matter reserved by the Occupation Statute is not in conformity with basic tripartite policies regarding Germany or that a Land constitution, or an amendment thereto, violates the Basic Law, may appeal to his government. An appeal in this case shall serve to suspend action for a period not to exceed twenty-one days from the date of the decision unless all three governments agree otherwise. If such appeal is from an action of the Allied High Commission either declining to disapprove or deciding to disapprove German legislation, such legislation shall be provisionally disapproved for the duration of the appeal period.

9. All powers of the Allied High Commission shall be uniformly exercised in accordance with tripartite policies and directives. To this end in each Land the Allied High Commission shall be represented by a single Land Commissioner who shall be solely responsible to it for all tripartite affairs. In each Land the Land Commissioner shall be a national of the Allied Power in whose zone the Land is situated.

Outside his own zone each High Commissioner will delegate an observer to each of the Land Commissioners for purposes of consultation and information. Nothing in this paragraph shall be construed to limit the functions of bodies established pursuant to inter-governmental agreement.

10. To the greatest extent possible, all directives and other instruments of control shall be addressed to the federal and/or Land authorities.

11. The Trizonal Fusion Agreement will continue in force until altered by agreement among the governments.

99. AGREEMENT FOR AN INTERNATIONAL AUTHORITY FOR 1 THE RUHR, SIGNED APRIL 28, 1949 1

Whereas international security and general economic recovery require: that the resources of the Ruhr shall not in the future be used for the purpose of aggression but shall be used in the interests of peace;

that access to the coal, coke and steel of the Ruhr, which was previously subject to the exclusive control of Germany, be in the future assured on an equitable basis to the countries cooperating in the common economic good;

Whereas it is desirable for the political and economic well being of the countries of Europe cooperating in the common economic good, including a democratic Germany, that there be close association of their economic life;

Whereas it is important that trade between the countries mentioned in the preceding paragraph should be facilitated by lowering trade barriers and by any other means;

Now therefore, in furtherance of the foregoing purposes and in order to establish an international control in the Ruhr in conformity with the agreed statement of principles contained in Annex C to the Report signed in London on the first day of June, 1948 at the conclusion of the Six Power Talks on Germany, the Governments of Belgium, France, Luxembourg, the Netherlands, the United Kingdom of Great Britain and Northern Ireland and the United States of America have agreed as follows:

PART I: THE AUTHORITY

ARTICLE 1

There is hereby established an International Authority for the Ruhr, hereinafter referred to as the "Authority", the composition, powers and functions of which are as set forth herein.

ARTICLE 2

The members of the Authority shall be the Signatory Governments and Germany.

• Department of State Bulletin, January 9, 1949, pp. 46-52.

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ARTICLE 3

The Authority shall consist of a Council composed of representatives of the Signatory Governments and, subject to the provisions of Article 4, of Germany. The Council shall be assisted by a Secretariat, headed by an Executive Secretary. The members shall also appoint alternate representatives.

ARTICLE 4

(a) When a German Government is established, it may appoint a delegate to the Authority with the right to attend meetings of the Council. At such time as the German Government becomes entitled to cast the votes allocated to Germany, as provided in Article 9 (c), it may appoint a representative on the Council and an alternate.

(b) The Occupation Authorities concerned shall be represented at the Council by one of their nationals jointly designated by them, until such time as the votes allocated to Germany are cast by the German representative.

ARTICLE 5

The Headquarters of the Authority shall be at such place in Land North Rhine-Westphalia as the Council may determine.

ARTICLE 6

(a) Each member will pay the expenses of its own representation. Costs of travel on business of the Authority shall, however, be borne by the Authority.

(b) The expenses of the Authority shall be defrayed by the members in proportions corresponding to the votes allocated to such members.

(c) Until the Occupying Powers decide otherwise, the expenses of the German representation and the share of the expenses of the Authority to be defrayed by Germany shall be met in such manner as may be determined by the Occupation Authorities concerned.

PART II: INTERNAL ORGANIZATION AND PROCEDURE

ARTICLE 7

The Council shall hold such regular and special meetings as are necessary to the performance of its functions.

ARTICLE 8

The Chairmanship of the Council shall be held in rotation for periods of six months each, in such order as the Council shall determine, by the representatives of the Signatory Governments. The representative of the Government of the United Kingdom shall take the chair until the Council has determined the order of rotation.

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