Office of the Historian

862.00/10–2849: Telegram

The United States High Commissioner for Germany (McCloy) to the Secretary of State

[Extracts]
confidential
Frankfurt, October 28, 1949—11 a.m.

3517. Following are principal decisions taken at meeting of Council of the High Commissioners on 27 October 1949 at Bonn-Petersberg. (McCloy US, Steel in Robertson’s absence representing UK, and François-Poncet France.)

. . . . . . .

7. In response to UK request, Council considered and agreed basic HICOM recommendations to the governments with respect to political status of Berlin. This agreement is considered maximum obtainable at this time. It was agreed last meeting that each HICOM could attach unilateral views to this basic agreement. François-Poncet and I pointed out that these recommendations are submitted to the governments as HICOM views but not in accordance with any governmental instruction. Council agreed not to give publicity to this agreement. Following is text:

  • “1. Berlin is a German Land and at the same time a city. The (Berlin) Constitution of 1948 may be put into effect insofar as it is not in conflict with the terms of the letter of approval of the basic law.
  • 2. The relations between Berlin and the federal German Republic shall be defined as follows:
    (a)
    Berlin shall be represented in the Bundesrat and in the Bundestag by non-voting members. The number of Berlin representatives in the Bundestag shall remain as at present.
    (b)
    Federal legislation shall, to the greatest extent possible, be adapted with a view toward its extension to Berlin by legislative action of the Magistrat in conformity with the prerogatives of the Allied Kommandatura as provided for in paragraph three below.
    (c)
    The federal government may agree with the Berlin Magistrat upon such measures as may be necessary to ensure that [Page 429] Berlin’s request for assistance is met and that the assistance provided is properly used. The federal government may establish at Berlin any mission or missions required to render assistance of any nature.
  • 3. The relations between the occupying powers and Berlin shall continue to be governed by the statement of principles of May 1949, subject to such modification of allied organization as may be required by the provisions made in accordance with the above recommendations.”1

With respect to paragraph two (c) it was agreed that this wording does not prejudge possibility of other federal representative agencies being established in Berlin.

. . . . . . .

Sent Department 3517, repeated Berlin 229, Munich 13182, Stuttgart 12182, Wiesbaden 13182, Bremen 13182.

McCloy
  1. In telegram 2544, November 4, to Frankfurt, not printed, the Department of State authorized McCloy to accept these recommendations subject to changing the word “Magistrat” in paragraph 2(b) to “City Assembly”. (740.00119 Control (Germany)/11–449)↩