CFM Files: Lot M–88: Box 141: CFM/P/49 Documents
Statement by the United States Member (Acheson) to the Council of Foreign Ministers 1
CFM/P/49/19
Explanation of Paragraph 4 of the U.S. Proposal of June 22
Paragraph 4 of the U.S. Proposal of June 2 reads as follows:
[Page 1047]“Simultaneously with the establishment of a provisional city government, the Four-Power Allied Kommandatura will be reconstituted and shall function in accordance with principles to be agreed upon by the Four Ministers at this session of the C.F.M.”
In explanation of that paragraph, it should be pointed out that the central thought in our proposal is to establish a unified city administration which will have adequate authority to exercise the ordinary functions of government. The occupying authorities would reserve powers only over matters in which it is essential that they should retain control.
Our proposal circulated herewith3 is illustrative of the way in which we think this basic idea could be put into operation. It is put forward without prejudice to consideration of further details.
Our proposal which supplements paragraph 4 of our June 2 Proposal, provides that pending the adoption of a permanent constitution, the city administration will in general operate on the basis of the governmental organization provided for in the temporary constitution of Greater Berlin.
The authorities of Greater Berlin would exercise legislative, executive and judicial powers subject only to the reservation by the occupation authorities of powers enumerated in the agreement on controls.
There would be certain fields in which the Allied authorities would act directly and the Berlin authorities would conform to their directions.
There would be other fields in which the responsibility for action would normally reside with the municipal authorities. The occupying authorities, however, would reserve the right to act directly in such fields or through directives which may be issued to the municipal authorities.
Amendments to the temporary constitution, the adoption of a new constitution, and subsequent amendments thereof would be subject to prior approval by the occupation authorities.
In all matters other than those mentioned above, the municipal authorities shall have power to issue legislation and regulations which shall be deemed to be within their competence and would become effective unless disapproved by the Kommandatura within 21 days. Specifically, such freedom of action would pertain to all fields other than those reserved for direct Allied action or where in the field of concurrent action, an act of the municipal administration would not [Page 1048] conflict with directives which may be issued by the occupation authorities.
The occupation authorities would reserve the right 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, or in pursuance of international obligations of their governments. This is of the nature of a reserve to deal with an abnormal situation and we hope that it would never be necessary to use it.
In regard to the exercise of Allied controls, the Kommandatura would act by unanimous decision but if unanimous agreement is not reached, each sector commander may take whatever action he considers appropriate in his own sector with respect to limited fields which would be specified.
Occupation costs would be reduced to a minimum and would be determined by methods to be agreed by unanimous vote of the Kommandatura.
Unless unanimously agreed to the contrary, elections, including electoral preparations and campaigns, would be subject to quadripartite supervision to be exercised jointly throughout Greater Berlin.
- Read by the United States Member at the 13th meeting of the Council of Foreign Ministers, the minutes of which are printed on p. 957.↩
- The text of the United States Proposal of June 2 was transmitted with the report of the 10th meeting of the Council of Foreign Ministers in Delsec 1839. June 2, p. 943.↩
- Under reference here is CFM/P/49/18, supra.↩