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Articles IV and V hereof. He shall ensure the due implementation by each of said Land Commissioners of the decisions and directions of the Council. He shall also ensure that all powers of the High Commission are uniformly exercised within said Laender in accordance with tripartite policy and the decisions of the Council.

2. Each High Commissioner shall be responsible to his government with respect to the Laender of his zone for the matters in fields reserved to the occupation authorities listed below. Nevertheless, so far as possible, he shall coordinate the general policies which he may pursue in these fields with those of the other High Commissioners and exercise these powers in accordance with such tripartite legislation or policies as the Council may adopt.

A. Maintenance of law and order if the responsible German authorities are unable to do so;

B. ensuring the protection, prestige, security and immunities of the Allied forces of occupation, of the Allied occupation authorities, their dependents, employees and official representatives; C. the delivery of reparations and restitutable property; D. care and administration of displaced persons;

E. the disposition of war criminals;

F. administration of justice in cases falling within the jurisdiction of Allied courts;

G. control of the care and treatment in German prisons of persons charged before or sentenced by the courts or tribunals of the occupation authorities, over the carrying out of sentences imposed on them and over question of amnesty, pardon or release in relation to them.

3. Each High Commissioner shall be individually responsible for the formulation annually in accordance with tripartite policies and criteria, of a budget of occupation costs and other requirements within his zone. Such budget shall be formulated and submitted to the Council on a date to be determined by it for consideration and approval by the Council and for consolidation in a total budget of the occupation authorities for transmission to the German Government. Each High Commissioner shall be responsible to the Council for control of the approved budget for his zone in accordance with accounting standards and procedures established by the Council.

VI. DECISIONS OF THE COUNCIL

1. Formal decisions and directions of the Council affecting the Federal Government or any agency thereof shall be in writing and shall be communicated to the Chancellor by or on behalf of the Council.

2. Formal communications involving matters of lesser import or of a routine character may be addressed to the Minister concerned by the appropriate organ of the Council.

3. Formal decisions or directions of the Council affecting a Land Government or any agency thereof shall be in writing and shall be communicated to its Minister President through the Land Commissioner, in the name of the Council.

4. Formal decisions of the Council shall be recorded in an official gazette maintained by the High Commission at the Allied seat of control in Germany, which shall be published in the English, French, and German languages. Publication of any such decision in the

official gazette of the High Commission shall be conclusive evidence that the recorded action or decision was taken pursuant to the powers vested in the occupation authorities under the Occupation Statute.

VII. INTERNATIONAL AUTHORITY FOR THE RUHR

The High Commission shall take all necessary steps to give effect to Article XXII of the agreement establishing the International Authority for the Ruhr of April 28, 1949.

VIII. FOREIGN MISSIONS IN GERMANY

The necessary liaison with the governments of other nations especially interested will be ensured by the appointment by such governments of appropriate missions to the Council of the High Commission having access, by procedures to be determined, to its subordinate bodies and to the German Government.

IX. UNITED NATIONS ORGANIZATIONS IN GERMANY

United Nations organizations and specialized agencies may operate in the Federal Republic of Germany on such terms as may be agreed by the Council.

X. OFFICIAL LANGUAGES

The official languages of the High Commission shall be English and French. Authoritative German texts of documents shall be provided

as necessary.

IN WITNESS WHEREOF the foregoing agreement has been duly executed by the respective representatives thereunto duly authorized of the Governments of the United Kingdom of Great Britain, the United States of America and the Republic of France, in triplicate in the French and English languages, each text being equally authentic and shall come into effect on the date of the entry into force of the Occupation Statute.

PARIS

20th June, 1949.

[Signed at Paris by Secretary of State Acheson, Foreign Minister Bevin, and Foreign Minister Schuman on behalf of their governments.]

101. ESTABLISHMENT OF FEDERAL REPUBLIC OF GERMANY, SEPTEMBER 21, 19491

Effective September 21, 1949, the Allied High Commissioners in Germany have been formally advised of the formation of the Federal Republic of Germany and have proclaimed that the Occupation Statute is now in force.

Under the terms of Executive Order No. 10062, dated June 6, 1949, "The United States High Commissioner for Germany, hereinafter referred to as the High Commissioner, shall be the supreme United States authority in Germany. The High Commissioner shall have the authority, under the immediate supervision of the Secretary of

1 Department of State Bulletin, October 3, 1949, pp. 512-513.

State (subject, however, to consultation with and ultimate direction by the President), to exercise all of the governmental functions of the United States in Germany (other than the command of troops), including representation of the United States on the Allied High Commission for Germany and the exercise of appropriate functions of a Chief of Mission within the meaning of the Foreign Service Act of 1946."

By the same Executive Order, the United States High Commissioner for Germany was designated also as "the United States Military Governor with all the powers thereof including those vested in the United States Military Governor under all international agreements" until such time as the Military Government of the United States zone of Germany shall have been terminated. Effective September 21, 1949, the Military Government of the United States zone of Germany was terminated. Therefore, by virtue of these events, the United States High Commissioner for Germany no longer exercises the role of the United States Military Governor.

The role of the United States High Commissioner for Germany as the ECA representative for Germany is outlined in Executive Order No. 10063, dated June 13, 1949, as follows:

"1. During his tenure of office as United States High Commissioner for Germany, Mr. John J. McCloy, under the immediate supervision of the Administrator for Economic Cooperation and the coordination of the United States Special Representative for Europe (subject, however, to consultation with and ultimate direction by the President), shall be the representative of the said Administrator and the said Special Representative in all their relations and actions with respect to Germany.

"2. Mr. McCloy, in performing the duties set forth in paragraph one hereof, shall be assisted by a Chief of Special Mission who shall be appointed by the Administrator for Economic Cooperation and who shall be acceptable to Mr. McCloy. The Chief of Special Mission shall have the rank of Minister and shall act under the immediate supervision and direction of Mr. McCloy."

The United States High Commissioner for Germany is the Honorable John J. McCloy. The British High Commissioner for Germany is General Sir Brian Robertson. The French High Commissioner for Germany is His Excellency André Francois-Poncet.

AUSTRIA1

102. ZONES OF OCCUPATION AND THE ADMINISTRATION OF THE CITY OF VIENNA

Agreement Between the United States, the Union of Soviet Socialist Republics and the United Kingdom and the Provisional Government of the French Republic, July 9, 1945 2

1. The Governments of the United States of America, the Union of Soviet Socialist Republics and the United Kingdom of Great

1 Austria had been forcibly incorporated into Hitler Germany before the outbreak of World War II and thus had lost autonomy for the time being. Since there was no Austria, the United States was not at war with Austria.

2 Department of State publication 2861, Treaties and Other International Acts Series 1600. Agreement signed July 9, 1945; entered into force July 24, 1945.

Britain and Northern Ireland and the Provisional Government of the French Republic have agreed that the territory of Austria within her frontiers as they were on 31st December, 1937, will be occupied by armed forces of the United States of America, the Union of Soviet Socialist Republics, the United Kingdom and the French Republic. 2. For the purposes of occupation, Austria will be divided as follows into four zones, one of which will be allotted to each of the four Powers, and a special Vienna area which will be jointly occupied by armed forces of the four Powers:

North-Eastern (Soviet)
Zone

The province of Lower Austria with the exception of the City of Vienna, that part of the province of Upper Austria situated on the left bank of the Danube, and the province of Burgenland which existed prior to the Decree of 1st October, 1938,

concerning boundary changes in Austria, will be occupied by armed forces of the Union of Soviet Socialist Republics.

North-Western (United The province of Salzburg and that part of States) Zone

Western (French) Zone

the province of Upper Austria situated on the right bank of the Danube will be occupied by armed forces of the United States.

The provinces of Tirol and Vorarlberg will be occupied by armed forces of the French Republic.

Southern (United King- The province of Carinthia, including dom) Zone

City of Vienna

Ost Tirol, and the province of Styria, except the area of the Burgenland as it existed before the Decree of 1st October, 1938, will be occupied by armed forces of the United Kingdom.

The territory of the City of Vienna will be divided into the following parts

The districts of Leopoldstadt, Brigittenau, Floridsdorf,
Wieden and Favoriten will be occupied by armed forces of
the Soviet Union;

The districts of Neubau, Josefstadt, Hernals, Alsergrund,
Währing and Döbling will be occupied by armed forces of the
United States of America;

The districts of Mariahilf, Penzing, Funfhaus (including the
district of Rudolfsheim) and Ottakring will be occupied by
armed forces of the French Republic;

The districts of Hietzing, Margareten, Meidling, Landstrasse
and Simmering will be occupied by armed forces of the United
Kingdom.

The district of Innere Stadt will be occupied by armed forces
of the four Powers.

"Gesetz Über Gebietsveränderungen im Lande Österreich Vom I. Oktober 1938". Translation: "The Law concerning territorial changes in Austria since October 1, 1938". [Reichsgesetzblatt, Part 1, pp. 1333 ff. (1938).]

98756-50-40

3. Boundaries between the zones of occupation, with the exception of the boundaries of the City of Vienna and of the province of Burgenland, will be those obtaining after the coming into effect of the Decree of 1st October, 1938, concerning boundary changes in Austria. The boundaries of the City of Vienna and of the province of Burgenland will be those which existed on 31st December, 1937.

4. An inter-Allied Governing Authority (Komendatura), consisting of four Commandants appointed by their respective Commanders-inChief, will be established to direct jointly the administration of the City of Vienna.

5. The Tulln airdrome, together with all installations and facilities pertaining thereto, will be under the administrative and operational control of the armed forces of the United States of America. The Schwechat airdrome, together with all installations and facilities pertaining thereto, will be under the administrative and operational control of the armed forces of the United Kingdom for the joint use of the British and French armed forces. The armed forces and officials of the occupying Powers will enjoy free and unimpeded access to the airdromes assigned to their respective occupancy and use.

6. The present Agreement has been drawn up in quadruplicate in the English, Russian and French languages. All three texts are authentic.

7. The present Agreement will come into force as soon as it has been approved by the four Governments.

The above text of the Agreement between the Governments of the United States of America, the Union of Soviet Socialist Republics and the United Kingdom and the Provisional Government of the French Republic on the Zones of Occupation in Austria and the Administration of the City of Vienna has been prepared and unanimously adopted by the European Advisory Commission at a meeting held on 9th July, 1945.

Representative of the Government of the United States of America on the European Advisory Commission:

JOHN G. WINANT.

Representative of the Government of the United Kingdom on the European Advisory Commission:

RONALD I. CAMPBELL

LANCASTER HOUSE,

LONDON, S. W. 1.

9th July 1945.

Representative of the Government of the Union of Soviet Socialist Republics on the European Advisory Commission: FT GOUSEV.

Representative of the Provisional Government of the French Republic on the European Advisory Commission: R MASSIGLI

1 Notices of approval dated as follows: by the United Kingdom July 12, 1945; by France July 16, 1945; by the Union of Soviet Socialist Republics July 21, 1945; and by the United States of America July 24, 1945.

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