3. REVISION OF THE CHARTER OF THE ALLIED HIGH COMMISSION FOR GERMANY: Agreement Between the United States, the United Kingdom, and France, March 6, 1951 1

The following modifications are hereby made to the Charter of the Allied High Commission for Germany signed in Paris on the 20th day of June 1949, which, as modified by this Instrument, continues in force:

1. Article I, paragraph 3, is amended to read as follows:

"(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-in-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. 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 Commandersin-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."

1 TIAS 2235 (2 UST 825); entered into force Mar. 7, 1951. See also Department of State Bulletin, Mar. 19, 1951, pp. 443-447.

A Decade of American Foreign Policy, pp. 603–609.

2. Article I, paragraph 4 is deleted.

3. Article II, paragraph 1 is amended to read as follows:

"The High Commission shall exercise control over the Federal Government and the Governments of its constituent Länder, as provided in the Occupation Statute. 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." 4. Article II, paragraph 3 is amended to read as follows:

"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.

5. Article III, paragraph 1.-The introductory sentence is amended to read as follows:

"The central organisation of the High Commission shall be tripartite in character and shall consist of: [&c.].”

6. Article III, paragraph 1 (b) is amended to read as follows:"such committees, including the Military Security Board, and such sub-committees and subordinate groups, with such membership and such terms of reference, as the Council may from time to time approve;"

7. Article III, paragraph 2.-The final sentence is amended to read as follows:

"Decisions of the Council shall be reached in accordance with Annex A."

8. Article III, paragraph 3 and paragraph 4 are deleted.

9. Article IV, paragraph 3 (a) is amended to read as follows:"recommending repeal or annulment of legislation enacted by the Land Government where he considers such action appropriate under paragraph 5 of the Occupation Statute;"

10. Article IV, paragraph 3 (b) is amended to read as follows:"ensuring due compliance on the part of the Land Government with the Occupation Statute and with legislation and decisions of the Occupation Authorities thereunder;"

11. Article V, paragraph 3 is amended to read as follows:-

"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 Coun

cil for control of his approved budget in accordance with accounting standards and procedures established by the Council."

12. Article VIII is amended to read as follows:

"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."

13. Article IX is deleted.

14. In the Charter of the Allied High Commission for Germany as revised by this Instrument, 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.

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

In the Charter as revised by this Instrument of Revision the expression "Annex A" shall mean the Annex A attached to this Instrument of Revision.

In witness whereof the foregoing agreement has been duly executed by the respective representatives thereunto 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.

Done in London on the 6th 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.

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 paragraph

1 For the full text of this agreement, see A Decade of American Foreign Policy, pp. 588-590 (where it is entitled "Trizone Fusion Agreement for Western Germany").

2 (a) and (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 paragraph 2 (a) and (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.

4. REVISION OF THE OCCUPATION STATUTE: Proclamation by the Allied High Commission, March 6, 1951 1

The Council of the Allied High Commission hereby promulgates the following modifications of the Occupation Statute which except as modified by this Instrument continues in force:

I. In paragraph 2 (b), after the words "nondiscrimination 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 the principles of the General Agreement on Tariffs and Trade,2 until the 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

Department of State Bulletin, Mar. 19, 1951, pp. 447-448; effective Mar. 7, 1951. For the text of the Occupation Statute of Apr. 8, 1949, see A Decade of American Foreign Policy, pp. 586-588.

2

Agreement of Oct. 30, 1947 (TIAS 1700; 61 Stat., pts. 5 and 6). See also infra, pp. 2953-3013.

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 March 7, 1951.

5. REVISION OF OCCUPATION CONTROLS: Decision No. 10 of the Allied High Commission, March 6, 19511

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," 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, are 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

1 Department of State Bulletin, Mar. 19, 1951, p. 448; effective Mar. 7, 1951.

2 See tripartite communiqué of Sept. 19, 1950; supra, doc. 2.

3 Supra.