762A. 0221/11–951: Telegram

The Director of the Berlin Element of HICOG (Lyon) to the Office of the United States High Commissioner for Germany, at Frankfurt1

confidential

809. In accordance with SPCOM/SEC(51)9 of Oct 262 PolAds in Berlin have bean working on revision of statement of principles.3 Brit have proposed formula along fol lines to cover reserved powers.

“1. Occupation Auths reserve power.

  • (a) To act and legislate for protection, prestige, and security of Allied Forces, their dependents, employees and representatives, their immunities, the satisfaction of occupation costs and their other requirements.
  • (b) In case of necessity, to take appropriate measures to fulfill their international obligations, to insure public order and to maintain security of Berlin and its communications.

2. Rights in fol fields are specifically reserved to Occupation Auths.

  • (a) Relations with authorities abroad, but this power will be exercised so as to permit Berlin auths to assure representation of Berlin interests in this field by suitable arrangements.
  • (b) Respect for Berlin constitution of 1950 as approved by Allied Kommandatura on August 29, 1950.
  • (c) Authority over Berlin police to extent necessary to ensure security of Berlin.
  • (d) Control of care and treatment in German prisons of persons charged before or sentenced by courts or tribunals of Occupying Powers or Occupation Auths; over carrying out of sentences imposed on them and other questions or amnesty, pardon, or release in relation to them.
  • (e) Obtaining of such info and statistics as may be required.

3. So long as Berlin auths act in fol fields in accord with undertakings accepted, as regards their respective zones, by Govts of UK, US and France, Occupation Auths will not intervene (here wld follow such [Page 1959] other of present reserved powers as may be deemed necessary to retain).”

Although we are not satisfied that this is adequate liberalization, para three at least has advantage of putting Berlin on more or less same footing in those fields as FedRep under contractual agreements. Brit originally proposed fol wording for middle of para: “With undertakings given by govt of FedRep to govts of UK, US and France”, but French objected strenuously to mention of FedRep in AK document. Present compromise wording preferable in French view, although they and to some extent we question acceptability of referring, in document issued by theoretically quadripartite AK, to govts of only three members of AK. Wld appreciate comments re this point soonest possible.

Lyon
  1. Repeated to Bonn and Washington.
  2. Not printed; it stated that the Special Committee on contractual relations had considered BK/AHC(51)67 (see p. 1922) at its meeting on October 23 and had decided “to request the Commandants to state precisely the fields in which reserved powers must remain and the extent of the powers to be reserved in each field.” (CFM files, lot M–88, box 187, questions affecting Berlin)
  3. Ante, p. 1900.