No. 58
The High Commissioners for Germany of the United States, the United Kingdom, and France to the Chancellor of the Federal Republic of Germany1

Mr. Chancellor: As we have already advised you during our discussions on the Conventions between the Three Powers and the Federal Republic which have been signed today, the reservation made on 12 May 1949 by the Military Governors concerning Articles 23 and 144 (2) of the Basic Law2 will, owing to the international situation, be formally maintained by the Three Powers in the exercise of their right relating to Berlin after the entry into force of those Conventions.

The Three Powers wish to state in this connection that they are nonetheless conscious of the necessity for the Federal Republic to furnish aid to Berlin and of the advantages involved in the adoption by Berlin of policies similar to those of the Federation.

For this reason they have decided to exercise their right relating to Berlin in such a way as to facilitate the carrying out by the Federal Republic of its declaration attached to the Convention on relations between the Three Powers and the Federal Republic3 and to permit the Federal authorities to ensure representation of Berlin and of the Berlin population outside Berlin.

Similarly, they will have no objections if, in accordance with an appropriate procedure authorized by the Allied Kommandatura, Berlin adopts the same legislation as that of the Federal Republic, [Page 163]in particular regarding currency, credit and foreign exchange, nationality, passports, emigration and immigration, extradition, the unification of the customs and trade area, trade and navigation agreements, freedom of movement of goods, and foreign trade and payments arrangements.

In view of the declaration of the Federal Republic concerning material aid to Berlin and the charge on the Federal budget of the occupation costs of the Three Powers in Berlin in accordance with the provisions of existing legislation, the Three Powers will be prepared to consult with the Federal Government prior to their establishment of their Berlin occupation cost budgets. It is their intention to fix such costs at the lowest level consistent with maintaining the security of Berlin and of the Allied Forces located there.

For the Government of the United States of America:
John J. McCloy
U.S. High Commissioner for Germany

For the Government of the Republic of France:
A. Francois-Poncet
French High Commissioner for Germany

For the Government of the United Kingdom of Great Britain and Northern Ireland:
Ivone Kirkpatrick
U.K. High Commissioner for Germany
  1. Source: Reprinted from Senate Q and R, pp. 154–155.
  2. For text of the Military Governors letter to the President of the Parliamentary Council, May 12, 1949, see Germany 1947–1949, pp. 279–280.
  3. Document 51.