762A.00/3–150
First Instrument of Revision of the Occupation Statute for Germany
The Council of the Allied High Commission hereby promulgates the following modifications of the Occupation Statute1 which except as modified by this Instrument continues in force:
I. In paragraph 2(b), after the words “non-discrimination in trade matters”, insert the following:
“to the extent required for the purposes of paragraph (g)(2) below:”
II. Paragraph 2(c) is amended to read as follows:
“(c) foreign affairs, including international agreements made by or on behalf of Germany; but the powers reserved in this field will be exercised so as to permit the Federal Republic to conduct relations with foreign countries to the full extent compatible with the requirements of security, other reserved powers, and obligations of the Occupying Powers relating to Germany.”
III. Paragraph 2(g) is amended to read as follows:
“(g) control over foreign trade and exchange to the extent necessary:
- (1)
- to meet the needs of security;
- (2)
- to ensure the observance by the Federal Republic of principles of the General Agreement on Tariffs and Trade, until the [Page 1432] Federal Republic has become a party to the Agreement and assumed the obligations thereunder;
- (3)
- to ensure the observance by the Federal Republic of the principles and practices of the International Monetary Fund Agreement and to control its exchange rate, until the Federal Republic has become a member of the Fund and assumed satisfactory obligations thereunder with respect to its exchange rate;
- (4)
- to provide for orderly settlement of claims against Germany.”
IV. Paragraph 2(h) is deleted.
V. Paragraph 5 is amended to read as follows:
- “(a) Any amendment of the Basic Law will require the express approval of the Occupation Authorities before becoming effective. Any agreement made between the Federal Republic and a foreign government will become effective 21 days after its official receipt by the Occupation Authorities unless previously disapproved by them, provisionally or finally. Land constitutions, amendments thereof, and all other Federal or Land legislation will be effective without review by the Occupation Authorities but will be subject to repeal or annulment by them.
- “(b) The Occupation Authorities will not disapprove any agreement between the Federal Republic and a friendly country or repeal or annul legislation unless in their opinion it is inconsistent with the provisions of the Occupation Statute as revised or with legislation or other measures of the Occupation Authorities, or constitutes a grave threat to the basic purposes of the Occupation.”
VI. Paragraph 7 is amended to read as follows:
- “(a) Insofar as it is based upon reserved powers, Occupation legislation will remain in force until repealed or amended by the Occupation Authorities.
- “(b) All other Occupation legislation will remain in force until repealed by the Occupation Authorities at the request of the appropriate German authorities, or repealed or amended by the German authorities upon authorization by the Occupation Authorities.”
VII. This Instrument shall become effective on March 7, 1951. Done at Bonn, Petersberg on 6 March 1951.
French High Commissioner for Germany
U.K. High Commissioner for Germany
U.S. High Commissioner for Germany