740.00119 Control
(Germany)/4–849
List of Papers Agreed by the Foreign Ministers of
France, the United Kingdom, and the United States
secret
Agreements on Germany
The Foreign Ministers of France, the United Kingdom and the United
States of America, having met in Washington, have reached agreement
on the documents listed below:1
- A.
- Agreed Memorandum regarding the Principles Governing
Exercise of Powers and Responsibilities of US–UK–French
Governments following Establishment of German Federal
Republic.
- B.
- Occupation Statute Defining the Powers To Be Retained by
the Occupation Authorities.
- C.
- Agreement as to Tripartite Controls.
- D.
- Agreed Minute respecting Berlin.
- E.
- Agreed Minute on Claims against Germany.
- F.
- Agreed Minute on Wuerttemberg–Baden Plebiscite.
- G.
- Agreement regarding Kehl.
- H.
- Message to the Military Governors from the Foreign
Ministers of the US, UK and France.
- I.
- Message to the Bonn Parliamentary Council from the Foreign
Ministers of the US, UK and France.
The Foreign Ministers confirmed and approved the agreements made on
plant dismantling, prohibited and restricted industries, and the
establishment of the Ruhr Authority, all of which were recently
negotiated in London.2
|
Robert Schuman
|
Ernest Bevin
|
Dean Acheson
|
|
Minister for Foreign Affairs of
the French Republic
|
Secretary of State for Foreign
Affairs United Kingdom
|
Secretary of State of the United
States of America
|
April 8,
1949, Washington.
[Page 178]
[Paper A]
Agreed Memorandum Regarding the Principles
Governing the Exercise of Powers and Responsibilities
of US-UK-French Governments
Following Establishment of German Federal Republic
secret
final text
[Washington, April 8,
1949.]
- 1.
- The Governments of the United States, United Kingdom,
and France retain the supreme authority assumed by them
under the Declaration signed at Berlin on June 5,
1945,3 including the right to revoke or
alter any legislative or administrative decisions in the
three Western zones of Germany.
- 2.
- The German governing authorities, whether Federal or
Land, shall be at liberty to
take administrative and legislative action, and such
action will have validity if not vetoed by the Allied
Authority. This means that military government will
disappear, and that the function of the Allies shall be
mainly supervisory.
- 3.
- There will be certain limited fields in which the
Allies will reserve the right to take direct action
themselves, including the issuance of orders to German
officials at both the Federal and local levels. However,
these fields will be restricted to a minimum; and aside
from security matters, the exercise of direct powers by
the Allies should be regarded as temporary and
self-liquidating in nature.
- 4.
- Upon the coming into being of the German Federal
Republic, the responsibility for supervision of the
utilization of funds made available by the Government of
the United States to the German economy for purposes of
relief as well as of recovery shall rest with the
Economic Cooperation Administration. It is understood
that the German Federal Republic should become a party
to the Convention for the European Economic Cooperation
and execute a bilateral agreement with the Government of
the United States. Such contributions as the Government
of the United Kingdom agrees to make shall be through
the intra-European payments agreement.
- 5.
- With the establishment of the German Federal Republic
and the termination of military government, the
functions of the Allied authorities shall be divided,
military functions being exercised by a
Commander-in-Chief, and all other functions by a High
Commissioner. Each of the Allied establishments in
Germany, aside from occupation [Page 179] forces, shall come
under the direction of the High Commissioner. The three
High Commissioners together will constitute the Allied
High Commission.
- 6.
- It is the aim of the three governments to restrict to
a minimum the size of the staffs maintained within
Germany for the above purposes.
- 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.
[Paper B]
Occupation Statute Defining the Powers To
Be Retained by the Occupation Authorities
restricted
final text
[Washington, April 8,
1949.]
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 Commander-in-Chief of the French Zone of
Germany,
General Lucius D. Clay,
Military Governor and Commander-in-Chief of the United States
Zone of Germany, and
General Sir Brian Hubert
Robertson, Military Governor and
Commander-in-Chief of the British Zone of Germany,
Do Hereby Jointly Proclaim the Following
Occupation Statute:
- 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 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 authorities:
- (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 male 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 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 [Page 181] 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.
- 8.
- Any action shall be deemed to be the act of the
occupation 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.
[Paper C]
Agreement as to Tripartite Controls
secret
final text
[Washington, April 8,
1949.]
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 those 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.
- 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 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 2(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 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 intergovernmental agreement
which relates to any of the subjects listed in
paragraph 2(a) and 2(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 2(a) and 2(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 polices 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 [Page 183] 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.
- 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.
[Paper D]
Agreed Minute Respecting Berlin
secret
final text
[Washington, April 8,
1949.]
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.4
[Paper E]
Agreed Minute on Claims Against
Germany
secret
final text
[Washington, April 8,
1949.]
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 existence of a state of war between Germany
and the Allied Powers. There should also be appropriate
consultations with the German Federal Republic. Prior [Page 184] 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.
[Paper F]
Agreed Minute on Wuerttemberg–Baden
Plebiscite
secret
final text
[Washington, April 8,
1949.]
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 Ministers President 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.
[Paper G]
Agreement Regarding Kehl
secret
final text
[Washington, April 8,
1949.]
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 German
administration. It was foreseen that the French temporarily
domiciled in Kehl might remain during a four-year period
required for the preparation of additional housing in
Strasbourg. Around one-third of the French inhabitants will be
able to leave Kehl within several months, and the remainder
progressively thereafter as housing becomes available.
The final decision with respect to the Kehl port zone will be
made in the peace settlement. If the port authority develops
harmoniously, the US and UK will be willing at the time of the
peace settlement to bring an attitude of good will toward the
establishment of a permanent joint authority.
[Page 185]
[Paper H]
Message to the Military Governors From the
Foreign Ministers of the US, UK and France
confidential
[Washington, April 8,
1949.]
To the Military Governors:
For your guidance the Foreign Ministers of the US, UK and France
transmit their views on the Basic Law. It is left to the
Military Governors to determine the time they may consider it
appropriate to communicate these views to the Parliamentary
Council, but the Foreign Ministers wish that they be transmitted
before opinion in the Parliamentary Council has crystallized, in
order that the views given below may be reflected in the Basic
Law.
- “(a) The Foreign Ministers
are not able to agree at this time that Berlin
should be included as a Land
in the initial organization of the German Federal
Republic.
- (b) In the financial field
any provisions put forward by the Parliamentary
Council in the direction of securing financial
independence and adequate strength for both the Laender and Federal Governments
in operating in their respective fields will receive
sympathetic consideration.
- (c) On the question of
Article 36 (Article 95 (c))
they will also give sympathetic consideration to any
formula which
- (i)
- eliminates from the federal powers those
matters definitely excluded by the London
agreement.
- (ii)
- assures to the Laender sufficient powers to enable them to
be independent and vigorous governmental
bodies.
- (iii)
- assures to the Federal Government sufficient
powers in the important fields of government to
enable them to deal effectively with those fields
in which the interests of more than one Land are substantially and
necessarily involved.
- (d) Finally, the Foreign
Ministers request that the Military Governors
indicate to the Parliamentary Council, at an
appropriate time, that they are ready to contemplate
a suggestion for a right of the Federal State to
supplement, from its own revenues, appropriations
made by the Laender from
revenues from their own taxes levied and collected
by them, by grants for education, health and welfare
purposes, subject in each case to specific approval
of the Bundesrat.”5
[Page 186]
[Paper I]
Message to the Bonn Parlimentary Council
From the Foreign Ministers of the US, UK and France
restricted
[Washington, April 8,
1949.]
To the Military Governors:
The Foreign Ministers of the US, UK and France request you to
transmit to the Parliamentary Council at Bonn the following
message on their behalf:
“The Foreign Ministers have considered the problem of a
Federal German Republic in all its aspects in Washington and
have come to a number of important decisions of policy in
regard thereto. They have decided that, in general, the
German authorities shall be at liberty to take
administrative and legislative action, and that such action
will have validity if not vetoed by Allied authorities.
There will be certain limited fields in which the Allies
will reserve the right to take direct action themselves and
which are set out in the Occupation Statute, a copy of which
is attached hereto.6
With the establishment of the German Federal Republic,
Military Government as such will terminate and the functions
of the Allied Authorities will be divided—control functions
being exercised by a High Commissioner and Military
functions by a Commander-in-Chief. The three High
Commissioners together will constitute an Allied High
Commission, and it is the aim of the three governments to
restrict to a minimum the size of the supervisory staffs
attached to their respective High Commissioners.
The Foreign Ministers further affirm that 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.
Nevertheless, before the far-reaching developments which they
contemplate can be put in hand, it is essential that an
agreement should be reached by the Parliamentary Council
upon a Basic Law for the German Federal Republic.”
