7. It is a major objective of the three Allied Governments to encourage and facilitate the closest integration, on a mutually beneficial basis, of the German people under a democratic federal state within the framework of a European association. OCCUPATION STATUTE DEFINING THE POWERS TO BE In the exercise of the supreme authority which is retained by the Governments of France, the United States and the United Kingdom, We, General Pierre KOENIG, Military Governor and Commanderin-Chief of the French Zone of Germany, General Lucius D. CLAY, Military Governor and Commander-inChief of the United States Zone of Germany, and General Sir Brian Hubert ROBERTSON, Military Governor and DO HEREBY JOINTLY PROCLAIM THE FOLLOWING OCCUPATION 1. During the period in which it is necessary that the occupation continue, the Governments of France, the United States and the United Kingdom desire and intend that the German people shall enjoy self-government to the maximum possible degree consistent with such occupation. The Federal State and the participating Laender shall have, subject only to the limitations in this Instrument, full legislative, executive and judicial powers in accordance with the Basic Law [1] and with their respective constitutions. 2. In order to ensure the accomplishment of the basic purposes of the occupation, powers in the following fields are specifically reserved, including the right to request and verify information and statistics needed by the occupation authorites: (a) disarmament and demilitarization, including related fields of scientific research, prohibitions and restrictions on industry, and civil aviation; (b) controls in regard to the Ruhr, restitution, reparations, decartelization, deconcentration, non-discrimination in trade matters, foreign interests in Germany and claims against Germany; (c) foreign affairs, including international agreements made by or on behalf of Germany; (d) displaced persons and the admission of refugees; (e) protection, prestige, and security of Allied forces, dependents, employees, and representatives, their immunities and satisfaction of occupation costs and their other requirements; (f) respect for the Basic Law and the Land constitutions; (g) control over foreign trade and exchange; (h) control over internal action, only to the minimum extent necessary to ensure use of funds, food and other supplies in such 1 Germany, 1947–1949, The Story in Documents, Department of State publication 3556, p. 283. Post, p. 2836. Powers of Federal State, etc. Fields reserved for occupation authorities. manner as to reduce to a minimum the need for external assistance to Germany; (i) control of the care and treatment in German prisons of persons charged before or sentenced by the courts or tribunals of the occupying powers or occupation authorities; over the carrying out of sentences imposed on them; and over questions of amnesty, pardon or release in relation to them. 3. It is the hope and expectation of the Governments of France, the United States and the United Kingdom that the occupation authorities will not have occasion to take action in fields other than those specifically reserved above. The occupation authorities, however, reserve the right, acting under instructions of their Governments, to resume, in whole or in part, the exercise of full authority if they consider that to do so is essential to security or to preserve democratic government in Germany or in pursuance of the international obligations of their governments. Before so doing, they will formally advise the appropriate German authorities of their decision and of the reasons therefor. 4. The German Federal Government and the governments of the Laender shall have the power, after due notification to the occupation authorities, to legislate and act in the fields reserved to these authorities, except as the occupation authorities otherwise specifically direct, or as such legislation or action would be inconsistent with decisions or actions taken by the occupation authorities themselves. 5. Any amendment of the Basic Law will require the express approval of the occupation authorities before becoming effective. Land constitutions, amendments thereof, all other legislation, and any agreements made between the Federal State and foreign governments, will become effective twenty-one days after its official receipt by the occupation authorities unless previously disapproved by them, provisionally or finally. The occupation authorities will not disapprove legislation unless in their opinion it is inconsistent with the Basic Law, a Land Constitution, legislation or other directives of the occupation authorities themselves or the provisions of this Instrument, or unless it constitutes a grave threat to the basic purposes of the occupation. 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. Action of occupa 8. Any action shall be deemed to be the act of the occupation tion authorities. 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. Review of Instrument. Post, p. 2836. AGREEMENT AS TO TRIPARTITE CONTROLS The Governments of the United Kingdom, France and the United States agree 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 the 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 these 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. Post, p. 2836. Allied High Commission. Ante, p. 2818. Staff personnel. 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. 4. In the exercise of the powers reserved to the Occupation Authorities to approve amendments to the Federal Constitution, the decisions stitution. of the Allied High Commission shall require unanimous agreement. 5. In cases in which the exercise of, or failure to exercise, the powers reserved under paragraph 5 ['] (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 1 The numeral "5" apparently should be "2", see post, p. 2830, par. 5. Approval of amendments to Federal Con Voting strength. Ante, p. 2819. Appeal by High Commissioner. Ante, p. 2819. Land Commissioner. 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 5 ['] (a) and 5 ['] (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 5 [1] (a) and 5 ['] (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. 1 The numeral "5" apparently should be "2", see post, p. 2831, par. 7 (a), (b) 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. Duration of agree ment. AGREED MINUTE RESPECTING BERLIN It was agreed that the provisions of the Agreement as to Tripartite Controls shall be applied as far as practicable to the western sectors of Berlin. AGREED MINUTE ON CLAIMS AGAINST GERMANY The governments of France, the United Kingdom and the United States will proceed, in consultation with other governments concerned, to develop proposals for the settlement of financial claims against Germany, claims arising out of the war which remain unsettled, claims with respect to Allied property in Germany, and other questions of an economic or legal character arising out of the existance of a state of war between Germany and the Allied Powers. There should also be appropriate consultations with the German Federal Republic. Prior to the relinquishment of reserved powers in the field of foreign exchange, the three governments will give consideration to the desirability of obtaining from the German Federal Government formal recognition of such claims. AGREED MINUTE ON WUERTTEMBERG-BADEN PLEBISCITE It was agreed that the status quo in Wuerttemberg and Baden would be maintained for the time being and that the plebiscite recommended by the German Minister Presidents would be postponed in the interest of avoiding any possible delay in the establishment of the German Federal Government. It was further agreed that the question of the Wuerttemberg-Baden Land boundaries would be reexamined after the establishment of the German Federal Government. AGREEMENT REGARDING KEHL The French control authorities with the assistance of the Strasbourg French authorities will maintain under existing conditions jurisdiction over the Kehl port zone until establishment of the German Federal Government and conclusion of negotiations between the French and German Authorities with respect to a joint port administration for Kehl. It was agreed, on a proposal of the French Government, that the city of Kehl would gradually be returned to a German administration. 81939-52-PT. III-34 |
