762A.00/3–150

Decision of the Allied High Commission for Germany

Decision No. 10

program for the revision of occupation controls

In implementation of the decisions taken by the Foreign Ministers of the United States, the United Kingdom and France at their New York Meeting on 18 September, 1950, the Council of the Allied High Commission, having this day promulgated the “First Instrument of Revision of the Occupation Statute”,1 has decided to adopt the following program for further relaxation of controls under the Occupation Statute:

1.
The powers reserved by paragraph 2(b) relating to deconcentration will be exercised only to ensure completion of Allied programs relating to the steel, coal and motion picture industries, I.G. Farben and the Grossbanken and actions which, as of December 31, 1950, were called for under laws adopted by the Allied High Commission or have been initiated through legal process taken under existing laws. Upon completion of such programs and actions these powers will be relinquished.
2.
(a)
The powers reserved by paragraph 2(b) relating to decartelization will be relinquished upon the enactment by the Federal Republic of legislation satisfactory to the Occupation Authorities, including provisions to prevent new concentrations of economic power.
(b)
The powers reserved by paragraph 2(d) relating to displaced persons and the admission of refugees will be relinquished as soon as commitments and other action satisfactory to the Occupation Authorities have been taken by the Federal Government with respect to the admission, care, and protection of displaced persons and refugees, including safeguarding their civil rights, assuring the continued and effective operation of International and Allied agencies established for their care and resettlement, and compensating victims of Nazi persecution.
(c)
The powers reserved by paragraph 2(f) relating to respect for the Basic Law and the Land Constitutions will be relinquished as soon as the Federal Republic has established a judicial authority deemed by the Occupation Authorities to be capable of effectively upholding the civil rights of the individual as defined in the Basic Law.
3.
The Occupation Authorities will retain the powers necessary to ensure that the Federal Government carries out commitments undertaken and legislation enacted pursuant to paragraph 2 above and that the essential features of such legislation are maintained.
4.
The Council of the Allied High Commission will issue further instruments of revision of the Occupation Statute from time to time as the conditions prescribed by this Decision for the relinquishment of powers are fulfilled.
5.
This Decision shall become effective on March 7, 1951.

  1. Supra.