762A.00/3–150

Charter of the Allied High Commission for Germany as Modified by Instrument of Revision1

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Charter of the Allied High Commission for Germany as Modified by Instrument of RevisionEffective March 7, 1951

i. establishment of allied high commission and transfer of control

1. An Allied High Commission (hereinafter referred to as the High Commission) is hereby established for the exercise of supreme Allied authority in the Federal Republic of Germany. The High Commission shall be headed by three High Commissioners, one designated by each of the three powers signatory hereto.

2. As from the date of the entry into force of the Occupation Statute all authority with respect to the control of Germany or over any governmental authority thereof, vested in or exercised by the respective Commanders-in-Chief of the forces of occupation of the Three Powers in Germany, from whatever source derived and however exercised, will be transferred to the three High Commissioners respectively to be exercised in accordance with the provisions hereof and of the Occupation Statute.

3.

(a)
The stationing within Germany of forces of the three Occupying Powers outside of their respective zones of occupation will be as agreed between appropriate High Commissioners and the respective Commanders-in-Chief. The forces of any other Allied Nation participating in the defence of Western Europe and deployed within Germany for that purpose may be stationed in such areas of a zone of occupation as are agreed by the High Commissioner and the Commander-Chief of the zone of occupation concerned.
(b)
Command of the forces of the three Occupying Powers is vested in their respective Commanders-in-Chief, regardless of their location within the three zones of occupation. If, however, operational control of all or part of any of the forces of one Occupying Power located in the zone of occupation of one of the other two Occupying Powers becomes necessary, such operational control, together with necessary administrative arrangements, will be mutually agreed between the High Commissioners and the Commanders-in-Chief in the zones of occupation concerned.
(c)
Control of the related military establishments and services of the three Occupying Powers is vested in their respective Commanders-in-Chief regardless of their location within the three zones of occupation. [Page 1439] Administrative arrangements for forces of one Occupying Power when located in the zone of occupation of one of the other two Occupying Powers will be as mutually agreed between the High Commissioners and Commanders-in-Chief of the two Occupying Powers concerned.
(d)
Command and administrative arrangements of the forces of any Allied Nation other than the three Occupying Powers stationed within Germany will be a matter for governmental agreement between such Nation and the Occupying Power concerned.
(e)
Existing agreements which have been concluded between two or all of the three Occupying Powers will not be altered by the foregoing without the mutual agreement of the High Commissioners and Commanders-in-Chief in the zones of occupation concerned.

4. (deleted by Instrument of Revision)

ii. functions of the high commission

1. The High Commission shall exercise control over the Federal Government and the Governments of its constituent Laender, as provided in the Occupation Statute.2 In the exercise of the powers reserved to the Occupation Authorities under said Statute, the High Commission shall reach its decisions in accordance with the provisions of Annex A hereof. These decisions shall constitute a joint exercise of the authority of all the three High Commissioners.

2. The High Commission shall act only through the Federal or appropriate Land Government except where direct action or legislation by the High Commission is necessary or appropriate for the due exercise of any of the powers reserved to the Occupation Authorities under the Occupation Statute.

3. The Headquarters of the High Commission shall be at the seat of the German Federal Government. The area defined as the Bonn Enclave will continue to constitute a special area directly under the administration of the High Commission and excluded from any individual zone of occupation.

iii. organisation of the high commission

1. The central organisation of the High Commission shall be tripartite in character and shall consist of:—

(a)
an Allied Council (hereinafter referred to as “The Council”) composed of the three High Commissioners. Each High Commissioner shall nominate a Deputy or permanent representative who will take his place on the Council in his absence. The Deputies or permanent representatives of the respective High Commissioners acting together may function as an Executive Committee of the Council if the Council so decides;
(b)
such committees, including the Military Security Board, and such sub-committees and subordinate groups, with such membership [Page 1440] and such terms of reference, as the Council may from time to time approve;
(c)
an Allied General Secretariat.

2. The Council.

The Council shall constitute the supreme authority of the High Commission. The Council shall meet as frequently as it considers necessary and at any time upon the request of any of its members. The Chairmanship of the Council and its various committees shall be held in monthly rotation by each of its members. The Council shall fix the time and place of its meetings and shall establish appropriate rules and procedures for the conduct of its business. Decisions of the Council shall be reached in accordance with Annex A.

3. (deleted by Instrument of Revision)

4. (deleted by Instrument of Revision)

5. Allied General Secretariat.

The High Commission shall be served by a Tripartite General Secretariat. The Secretariat will receive and dispatch all communications to or from the High Commission, prepare the agenda and materials for the meetings of the Council and shall keep the minutes of their meetings. The Secretariat or its appropriate branches shall act as the channel of communication between the High Commission and the agencies of the Federal Government, and between the Council and the several Land Commissioners with respect to matters affecting said Land Governments. The Secretariat shall maintain the records of the High Commission and be responsible for such other tasks as the Council may decide.

iv. land commissioners

1. All powers of the High Commission shall be uniformly exercised in the constituent Laender of the Federal Republic, in accordance with tripartite policies and the directions of the Council.

2. To achieve uniformity in the exercise of its powers, the High Commission shall be represented at the seat of government of each of the constituent Laender by an Allied Land Commissioner who shall be solely responsible to the Council for ensuring due compliance on the part of the Land authorities with the Council’s decisions and directives. The Land Commissioner shall report and be solely responsible to the Council for all matters of tripartite concern in the Land and shall be the exclusive channel of communication and liaison between the Council and the Land Government with respect to such matters.

3. In particular each Land Commissioner shall be responsible to the Council for:

(a)
recommending repeal or annulment of legislation enacted by the Land Government where he considers such action appropriate under paragraph 5 of the Occupation Statute;
(b)
ensuring due compliance on the part of the Land Government with the Occupation Statute and with legislation and decisions of the Occupation Authorities thereunder;
(c)
providing information as required by the Military Security Board and giving all necessary assistance to the inspectorate of the Military Security Board and such other bodies as may be authorised by the Council;
(d)
the preparation of such periodic or special reports as the Council may request.

4. Each Land Commissioner and the members of his staff shall be nationals of the Power in whose zone the Land is situated, and shall be appointed by and administratively responsible to the High Commissioner designated by such Power. Each Land Commissioner shall be accountable exclusively to his High Commissioner and shall be his channel of communications and liaison with the Land Government with respect to:—

(a)
all matters which are listed in Article V, paragraph 2;
(b)
conduct of all relationships between the forces of occupation stationed in the Land and the governmental agencies thereof except to the extent that direct communications and relations may be authorised by him.

5. Each High Commissioner shall designate an observer together with a small personal staff to be agreed in each case by the High Commissioners concerned, to each of the Land Commissioners outside of his own zone for purposes of consultation and information.

v. individual responsibilities of the high commissioners

1. Each High Commissioner shall maintain at the seat of government of each of the Laender in his zone a Land Commissioner with the minimum staff and facilities required for the purposes set forth in Articles IV and V hereof. He shall ensure the due implementation by each of said Land Commissioners of the decisions and directions of the Council. He shall also ensure that all powers of the High Commission are uniformly exercised within said Laender in accordance with tripartite policy and the decisions of the Council.

2. Each High Commissioner shall be responsible to his Government with respect to the Laender of his zone for the matters in fields reserved to occupation authorities listed below. Nevertheless, so far as possible, he shall co-ordinate the general policies which he may pursue in these fields with those of the other High Commissioners and exercise these powers in accordance with such tripartite legislation or policies as the Council may adopt:—

(a)
maintenance of law and order if the responsible German authorities are unable to do so;
(b)
ensuring the protection, prestige, security and immunities of the Allied forces of occupation, of the Allied Occupation authorities, their dependents, employees and official representatives;
(c)
the delivery of reparations and restitutable property;
(d)
care and administration of displaced persons;
(e)
the disposition of war criminals;
(f)
administration of justice in cases falling within the jurisdiction of Allied Courts;
(g)
control of the care and treatment in German prisons of persons charged before or sentenced by the courts or tribunals of the Occupation Authorities, over the carrying out of sentences imposed on them and over questions of amnesty, pardon or release in relation to them.

3. Each High Commissioner shall be individually responsible to the Council for the formulation annually, in accordance with tripartite policies and criteria, of his budget of occupation costs and other requirements. Such budget shall be formulated and submitted to the Council, on a date to be determined by it, for consideration and approval by the Council, and for consolidation in a total budget of the Occupation Authorities for transmission to the Federal Government. Each High Commissioner shall be responsible to the Council for control of his approved budget in accordance with accounting standards and procedures established by the Council.

vi. decisions of the council

1. Formal decisions and directions of the Council affecting the Federal Government or any agency thereof shall be in writing and shall be communicated to the Chancellor by or on behalf of the Council.

2. Formal communications involving matters of lesser import or of a routine character may be addressed to the Minister concerned by the appropriate organ of the Council.

3. Formal decisions or directions of the Council affecting a Land Government or any agency thereof shall be in writing and shall be communicated to its Minister President through the Land Commissioner, in the name of the Council.

4. Formal decisions of the Council shall be recorded in an official gazette maintained by the High Commission at the Allied seat of control in Germany which shall be published in the English, French and German languages. Publication of any such decision in the official gazette of the High Commission shall be conclusive evidence that the recorded action or decision was taken pursuant to the powers vested in the Occupation Authorities under the Occupation Statute.

vii. international authority for the ruhr

The High Commission shall take all necessary steps to give effect to Article 22 of the Agreement establishing the International Authority for the Ruhr of April 28th 1949.3

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viii. foreign missions in germany

Foreign diplomatic representatives accredited to the Federal Government, together with any foreign representatives accredited to the Allied High Commission, shall have access to the latter by procedures determined by the Council.

ix. (deleted by instrument of revision)

x. official languages

The official languages of the High Commission shall be English and French. Authoritative German texts of documents shall be provided as necessary.

xi. definitions

In the Charter of the Allied High Commission for Germany as revised, the expression “Occupation Statute” shall, where the context requires, mean the Occupation Statute as from time to time modified by the Council of the Allied High Commission.

The “Agreement as to Tripartite Controls” among the Three Powers dated 8th April, 1949,4 previously attached to and made a part of the Charter as Annex A, is terminated.

In the Charter as revised, the expression “Annex A” shall mean the Annex A attached to this document.

In witness whereof the foregoing agreement has been duly executed by the respective representatives thereunder duly authorised of the Governments of the Republic of France, the United Kingdom of Great Britain and Northern Ireland and the United States of America in triplicate in the French and English languages, each text being equally authentic, and shall come into effect on the 7th day of March 1951.

Annex A

1. In the exercise of the powers reserved to the Occupation Authorities to approve amendments to the Basic Law the decisions of the Allied High Commission shall require unanimous agreement.

2. 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. No action taken hereunder shall be contrary to any intergovernmental agreement among the signatories or to the principles of non-discrimination.

[Page 1444]

3. On all other matters action shall be by majority vote. It is understood that agreements between the Governments of the three Occupying Powers relating to any of the subjects listed in paragraphs 2(a) and 2(b) of the Occupation Statute may not be modified by a majority decision of the Allied High Commission.

4. If a High Commissioner considers that a decision taken by a majority vote conflicts with an intergovernmental agreement which relates to any of the subjects listed in paragraphs 2(a) and 2(b) of the Occupation Statute, or with basic tripartite policy, he may appeal to his Government. Such appeal shall serve to suspend action for a period of thirty days and for such further period of suspension as any two of the Governments agree. If such appeal is from a decision of the Allied High Commission to repeal or annul German legislation, the repeal or annulment shall not become effective until the expiry of the appeal period.

  1. A copy of the Instrument of Revision of the Charter of the Allied High Commission for Germany, IGG/P(51)29, dated February 27, is in the CFM files, lot M–88, box 196; for the text of the Charter of the Allied High Commission for Germany, June 20, 1949, see Ruhm von Oppen, Documents on Germany, pp. 398–406, or Germany, 1947–1949, pp. 92–97.
  2. For the text of the Occupation Statute, see Foreign Relations, 1949, vol. iii, p. 179, and the Instrument of Revision, p. 1431.
  3. For the text of the Agreement establishing the International Authority for the Ruhr, see Foreign Relations, 1948, vol. ii, pp. 581 ff.
  4. For the text of the Agreement as to Tripartite Controls, see Foreign Relations, 1949, vol. iii, p. 181.