Foreign Relations of the United States, 1952–1954, Germany and Austria, Volume VII, Part 2

762A.0221/6–1052

No. 538
Declaration on Berlin ¹

[ Berlin , May 26, 1952.]

Taking into consideration the new relations established between France, the United Kingdom of Great Britain and Northern Ireland, the United States of America, and the Federal Republic of Germany and

wishing to grant the Berlin authorities the maximum liberty compatible with the special situation of Berlin,

the Allied Kommandatura makes this declaration:

I.

Berlin shall exercise all its rights, powers and responsibilities set forth in its Constitution as adopted in 1950 subject only to the reservations made by the Allied Kommandatura on 29 August 1950² and to the provisions hereinafter.

II.

The Allied authorities retain the right to take, if they deem it necessary, such measures as may be required to fulfill their international obligations, to ensure public order and to maintain the status and security of Berlin and its economy, trade and communications.

III.

The Allied authorities will normally exercise powers only in the following fields:

a) Security, interests and immunities of the Allied Forces, including their representatives, dependents and non-German employees. German employees of the Allied Forces enjoy immunity from German jurisdiction only in matters arising out of or in the course of performance of duties or services with the Allied Forces;

b) Disarmament and demilitarization, including related fields of scientific research, civil aviation, and prohibitions and restrictions on industry in relation to the foregoing;

c) Relations of Berlin with authorities abroad. However, the Allied Kommandatura will permit the Berlin authorities to assure the representation abroad of the interests of Berlin and of its inhabitants by suitable arrangement.

d) Satisfaction of occupation costs. These costs will be fixed after consultation with the appropriate German authorities and at the lowest level consistent with maintaining the security of Berlin and of the Allied Forces located there.

e) Authority over the Berlin police to the extent necessary to insure the security of Berlin.

IV.

The Allied Kommandatura will not, subject to Article I of this Declaration, raise any objection to the adoption by Berlin under an appropriate procedure authorized by the Allied Kommandatura of the same legislation as that of the Federal Republic, 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.

V.

In the following fields:

a) restitution, reparations, decartelization, deconcentration, foreign interests in Berlin, claims against Berlin or its inhabitants,

b) displaced persons and the admission of refugees,

c) control of the care and treatment in German prisons of persons charged before or sentenced by Allied courts or tribunals; over the carrying out of sentences imposed on them and over questions of amnesty, pardon or release in relation to them;

the Allied authorities will in the future only intervene to an extent consistent with, or if the Berlin authorities act inconsistently with, the principles which form the basis of the new relations between France, the United Kingdom and the United States on the one part and the Federal Republic of Germany on the other, or with Allied legislation in force in Berlin.

VI.

All legislation of the Allied authorities will remain in force until repealed, amended or deprived of effect.

The Allied authorities will repeal, amend or deprive of effect any legislation which they deem no longer appropriate in the light of this Declaration.

Legislation of the Allied authorities may also be repealed or amended by Berlin legislation; but such repeal or amendment shall require the approval of the Allied authorities before coming into force.

VII.

Berlin legislation shall come into force in accordance with the provisions of the Berlin Constitution. In case of inconsistency with Allied legislation, or with other measures of the Allied authorities, or with the rights of the Allied authorities under this Declaration, Berlin legislation will be subject to repeal or annulment by the Allied Kommandatura.

VIII.

In order to enable them to fulfill their obligations under this Declaration, the Allied authorities shall have the right to request and obtain such information and statistics as they deem necessary.

IX.

The Allied Kommandatura will modify the provisions of this Declaration as the situation in Berlin permits.

X.

Upon the effective date of this Declaration the Statement of Principles Governing the Relationship Between the Allied Kommandatura and Greater Berlin of May 14, 1949,³ as modified by the First Instrument of Revision, dated March 7, 1951,⁴ will be repealed.

1. Transmitted as Annex A to despatch 922 from Berlin.
2. For text of the Allied Kommandatura statement of Aug. 29, 1950, BK–O(50)75, see Ruhm von Oppen, Documents on Germany, pp. 509–510.
3. For this statement, see Germany 1947–1949, pp. 324–326.
4. For documentation on the First Instrument of Revision, see Foreign Relations, 1951, vol. iii, Part 2, pp. 1828 ff.