740.00119 Control (Germany)/10–2149: Telegram
The United States High Commissioner for Germany (McCloy) to the Secretary of State
priority
25. From AGSec Bonn from Slater. Following are texts of proposals of UK and French High Commissioners with respect to the political status of Berlin, presented to an informal meeting of the Allied High Commission held on 21 October 1949. Decisions taken [Page 423] at this conference follow in separate cable.1 Also included herein is High Commission’s communiqué released at 1500 hours this date.
Draft UK recommendation to governments concerning political status of Berlin:
- “1. The High Commissioners have reviewed the political
status of Berlin in the light of:
- (a)
- The desire of the people of Berlin for incorporation within the German Federal Republic
- (b)
- The dependence of Berlin on the German Federal Republic for assistance
- (c)
- The establishment of a so-called government in the Eastern zone of Germany with its seat in Berlin
- (d)
- The declared attitude of the federal government on this question
- 2. With reference to (d) above the federal government has expressed the opinion that any action to give Land status to greater Berlin and to include the city in the German Federal Republic is inadvisable on the ground that it would expose the city to measures of retaliation by the Soviet. While the High Commissioners do not suggest that they should impose a solution which goes beyond that which the federal government believes to be necessary or desirable, they consider that in response to the request of their governments they should give their own view as to the proper course to follow in the light of (a), (b) and (c) above.
- 3. According to Article 23 of the basic law greater Berlin is a Land within the German Federal Republic. The application of this article to greater Berlin has been suspended by the occupying powers when they gave their approval to the basic law. The High Commissioners today see no objection in principle to the withdrawal of this suspension but they observe that certain practical considerations make it impossible for greater Berlin to be treated as having the same position in the German Federal Republic as any other Land. Not only is greater Berlin divided so that one part of the city is deprived of the opportunity to join the German Federal Republic or even to enjoy normal democratic rights, but also the whole city is geographically isolated from the other Laender which at present form part of the German Federal Republic. The economy of the city presents problems which are quite special and distinct from those concerning the economy of the Western zones of Germany, The financial position in the city is also special and is affected by the fact that the city is surrounded by a different currency area. Finally, the internal affairs of Berlin are so involved with major questions of international relations that the occupying powers must claim a greater voice in them than they do in other Laender of the Federation where their vital interests and those of the other Western nations are less directly engaged. For these reasons, if Berlin were given the same status in the German Federal Republic as any other Land it would be found that federal legislation [Page 424] and the acts of the federal government could not in the majority of instances be made effective in Berlin.
- 4. The High Commissioners accordingly put forward the
following recommendations. In so doing they wish to
emphasize that the action proposed is intended to deal
with the immediate situation created by the division of
the city and the dependence of the Western sectors upon
assistance from the Federal Republic. The measures they
propose would not affect the quadripartite status of the
city and would be subject to such alteration by the
occupation authorities as might be required to permit
the reunification of the city under four-power control.
- (a)
- Berlin shall be treated as part of the German Federal Republic with a special status as defined below
- (b)
- Subject to the reservations contained in these recommendations, the city government of Berlin shall enjoy the powers accorded to Land governments of the German Federal Republic under the basic law. In the field of concurrent legislation the city government shall retain all competence and the federal government shall not exercise the competence afforded to it under Article 72 (II) and Article 105 (II) in respect to Berlin. Federal legislation in this field may, however, be adopted for application in Berlin by legislative action in the City Council subject to the rights of the Allied Kommandatura under (e) below
- (c)
- The 1948 constitution of Berlin should be approved subject to the reservations or amendments necessary to bring it into conformity with (a) and (b) above and with the basic law of the Federal Republic. This approval should also be subject to the provisions of (e) below
- (d)
- The Federal Government may arrange with this [the?] Berlin City Government such measures as may be necessary to ensure it that requests for its assistance are properly substantiated and that the assistance which it provides is properly used. This might be done by the establishment by the Federal Government of an economic mission in Berlin with defined powers agreed to by the city government
- (e)
- The relationship between the occupying powers and the Berlin city authorities will continue to be governed by the statement of principles issued in May, 19492
- (f)
- Berlin shall be given full membership in the Bundesrat
- (g)
- In view of (b) above Berlin shall continue for the present to be represented in the Bundestag by observers without voting rights
- (h)
- Allied organization in Berlin should be reviewed to ensure that in title and character it is appropriate to the new arrangements
- (i)
- The High Commissioners having received the approval of their governments to the above proposals in principle will wish to discuss them in detail with the Federal Government and their responsible German authorities in Berlin and might wish to make some amendments of detail but not of principles as a result of this consultation.”
[Here follows the text of the proposal by the French High Commissioner, parallel to the British proposal except that (a) it called for the city government of Berlin to enjoy powers similar to those accorded to a Land government under the Basic Law, and (b) it specified that Berlin would be represented in the Bundesrat by Observers without voting rights.]
Press communiqué—issued 15 hours 21 October 1949 by Council of Allied High Commissioners
“The High Commission has again had under consideration the special situation of Berlin and wishes to emphasize the determination of the three Allied Governments to maintain their rights and obligations in that city, and the interests, both economic and political, of its inhabitants. The High Commission understands the feelings of the population of Berlin and assures the city of its fullest moral and material support; for it regards, and will continue to regard Berlin as being confided to the care of the Western occupying powers in a special manner.
The High Commission has made a careful examination of the needs of Berlin with a view to determining both the amount of assistance required and how it can best be provided. It is impressed with the need for immediate action, to this end, the High Commission continued its consultation with the Federal Chancellor and was pleased to learn from him of the measures the Federal Government proposes to take to enable it to grant financial assistance to the Municipal Government of Berlin and assist Berlin in the revival of its economic life. These measures, which have been devised after consultation between the authorities of Berlin and the Federal Government, are welcomed by the High Commission. It has been agreed that Allied and German experts will collaborate in the working out of this assistance to Berlin.
The High Commission for its part is examining the ways and means by which it can contribute to the amelioration of the economic conditions of Berlin and has made certain specific suggestions which are now under consideration by the Federal Government.”
Sent Department 25, repeated London 10, Paris 10, Berlin 7, Frankfort 26.