740.00119 Control (Germany)/2–1049: Telegram
The Ambassador in the United Kingdom (Douglas) to the Secretary of State
us urgent
niact
522. USDel prepared and circulated following draft re principles trizonal fusion as working paper which could be used as suitable frame for further discussion. Although for tactical reasons language used follows as far as possible translation French memo,1 document includes [Page 33] modifications which we feel would be desirable in any case. It was made quite clear that document has not been approved by US Government and does not imply acceptance by USDel of any proposal put forward by French delegate. It will be noted that organization this draft limits appellate procedure and suspension of action to legislation and not to action of an executive nature. Further, it is believed that this would avoid major objection to French proposal in that it leaves military governors free to interpret and carry out policies set forth in existing intergovernmental agreements while preventing unilateral modification or amendment of agreements entered into among governments.
- “1. Occupation authorities in exercise of powers
reserved to them by occupation statute shall come to
their decisions by majority vote except:
- (a)
- In exercising powers reserved to occupation authorities to approve amendments to federal or Laender constitutions, their decisions will require unanimous agreement; and
- (b)
- (See text contained Embtel 489, February 8 repeated Paris 88, Berlin 912)
- 2. When occupation authorities legislate themselves,
authorize German authorities to legislate or approve
German legislation their decisions shall be subject to
right of appeal to governments as set forth below:
- a.
- A commander-in-chief who disagrees with his colleagues concerning the exercise of any of the powers reserved by subparagraphs a, c, d, i and j of Paragraph 2 Article II of the occupation statute can, if he considers that the decision conflicts with fundamental principles of the policy of his government, appeal to his government. An appeal in such a case shall serve to suspend action until an agreement is reached among the governments.
- b.
- A commander-in-chief who disagrees with the decision reached by his colleagues concerning the exercise of any of the reserved powers other than those referred to in Paragraph 2 above can, if he considers the decision reached by them conflicts with fundamental principles of policy of his government, appeal to latter. An appeal in case covered by this paragraph shall serve to suspend action only for a limited period which shall be 60 days if decision is one approving a German law which has effect of abrogating or amending legislation of occupation authorities (Article III, Paragraph 6 (b) (i), or 21 days in all cases where decision is concerned with expressing or withholding disapproval of German legislation which does not conflict with legislation of occupation authorities (Article III, Paragraph 6 (b) (ii). Period of suspension provided for in this paragraph shall start as from day on which German legislation in question is officially received by occupation authorities.
- 3. Occupation authorities should agree among themselves which of appellate procedures described above should govern any matter which occupation authorities acting in acordance with Paragraph 3 (c) of report on intergovernmental talks concerning occupation statute, may agree to retain within exclusive legislative competence of occupation authorities.
- 4. Approval of federal and Laender legislation; operations of military security boards; exercise of powers reserved for control of foreign trade and foreign exchange; importation, production and distribution of foodstuffs; observations and advice and assistance re democratization of political life; social relations and education; and determination and assessment of occupation costs as well as any other matter on which occupation authorities may agree, are recognized as being of tripartite interest.
- 5. Organization of military government in three zones shall be of nature to permit occupation authorities to exercise their common responsibility in these fields through a uniform, tripartite policy and uniform, tripartite directives.
- 6. Arrangements outlined above will continue in force until altered by agreement among the governments.”
Department’s comments on above will be appreciated on urgent basis.
Sent Department 522, repeated Berlin 102, Paris 96.