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. 6. COMPETENCE OF THE FEDERAL GOVERNMENT IN FOREIGN AFFAIRS: Decision No. 11 of the Allied High Commission, March 6, 1951 1 In exercise of the powers reserved by paragraph 2 (c) of the Occupation Statute 2 as amended by the first instrument of revision,3 the Council of the Allied High Commission decides as follows: Article I The Federal Government is hereby authorized to establish a Ministry of Foreign Affairs and shall have exclusive responsibility for the choice of the personnel of its diplomatic, consular and trade missions. Article II The Federal Government may conduct relations with foreign countries subject to the provisions of this decision. Article III 1. The establishment of diplomatic or consular relations or trade missions shall be subject to the prior approval of the Allied High Commission. 2. The Federal Government may, however, establish without such approval diplomatic missions in those countries, other than the United States of America, France and the United Kingdom, in which prior to the effective date of this decision it has been authorized to establish consular offices. 1 Department of State Bulletin, Mar. 19, 1951, pp. 448-449; effective Mar. 7, 1951. 2 Statute of Apr. 8, 1949; A Decade of American Foreign Policy, pp. 586-588. 3 Supra, doc. 4. The Ministry of Foreign Affairs of the Federal Republic was established Mar. 15, 1951. 3. No prior approval will be required for the establishment of consular offices or trade missions in those countries with which the Federal Government has diplomatic or consular relations. Article IV The Federal Government is hereby authorized to appoint official agents in the capitals of the United States of America, France and the United Kingdom. Article V The accreditation and status of foreign missions in the Territory of the Federal Republic will be governed by the following provisions. (i) Diplomatic missions and consular offices established in the Territory of the Federal Republic will normally be accredited to and recognized by the Federal Republic. In exceptional circumstances they may be accredited to or recognized by the Allied High Commission. In no case will there be a dual accreditation of missions to the Allied High Commission and to the Federal Republic or the issue of exequaturs to consuls by both the Federal Government and the Allied High Commission. (ii) The accreditation of foreign missions to the Federal Government shall be notified to the Allied High Commission and they will thereafter have access to it in all matters relating to the fields reserved to the occupation authorities. Article VI The Federal and Land Governments shall keep the Allied High Commission informed of any international negotiations. The Allied High Commission may intervene in negotiations relating to the fields reserved to the occupation authorities. Article VII The Federal Government shall furnish to the Allied High Commission all appropriate information regarding action taken pursuant to the provisions of this decision. Article VIII This decision shall become effective on March 7, 1951. 7. INCLUSION OF GERMANY IN THE EUROPEAN COMMUNITY: Declaration Issued at Washington by the Foreign Ministers of the United States, the United Kingdom, and France, September 14, 1951 1 The three Foreign Ministers declare that their Governments aim at the inclusion of a democratic Germany, on a basis of equality, in a Continental European Community, which itself will form a part of a constantly developing Atlantic Community. The three Ministers recognize that the initiative taken by the French Government concerning the creation of a European Coal and Steel Community 2 and a European defense community 3 is a major step towards European unity. They welcome the Schuman Plan as a means of strengthening the economy of Western Europe and look forward to its early realization. They also welcome the 1 Department of State Bulletin, Sept. 24, 1951, p. 485. ? See treaty of Apr. 18, 1951; supra, pp. 1039-1078. 3 See treaty of May 27, 1952; supra, pp. 1107-1150. Paris Plan as a very important contribution to the effective Defense of Europe, including Germany. The participation of Germany in the common defense should naturally be attended by the replacement of the present Occupation Statute by a new relationship between the three Governments and the German Federal Republic. The Government of the United Kingdom desires to establish the closest possible association with the European continental community at all stages in its development. The three Ministers reaffirm that this policy, which will be undertaken in concert with the other free nations, is directed to the establishment and the maintenance of a durable peace founded on justice. and law. Their aim is to reinforce the security and the prosperity of Europe without changing in any way the purely defensive character of the North Atlantic Treaty Organization. They reaffirm their determination that in no circumstances shall the above arrangements be made use of in furtherance of any aggressive action. 8. ALLIED POLICY TOWARD GERMANY: Communiqué by the Foreign Ministers of the United States, the United Kingdom, and France, September 14, 1951 1 The Foreign Ministers of France, the United Kingdom and the United States have held meetings in Washington from September 10 through September 14. The three Foreign Ministers have met frequently in the last few years primarily because of the special and explicit responsibilities of their Governments in regard to Germany and Austria. The meetings equally offer a convenient opportunity for the three Ministers to exchange views on world developments and informally to review problems of mutual concern to their three countries. The Foreign Ministers have noted with satisfaction the results already achieved by their three countries, together with other free nations of the world, in order to insure their common security and to safeguard the peace. They again recorded the fundamental unity of the policies of their three governments in regard to the many and acute problems facing them today. The Foreign Ministers have reviewed the relationship of their countries to the German Federal Republic, and have agreed on instructions to the Allied High Commission for negotiation of mutually acceptable agreements with the Federal Government, the effect of which will be to transform that relationship completely. 2 As a result of the agreement reached by the three Foreign Ministers in Brussels last December, the High Commission has already explored with the Federal Government the way to establish relations 1 Department of State Bulletin, Sept. 24, 1951, p. 486. Cf. the North Atlantic Council's communiqué of Dec. 19, 1950; supra, pp. 1608-1609. between the three Powers and the Federal Republic on as broad a contractual basis as possible, in the light of German participation in Western Defense. The Foreign Ministers have now instructed the High Commission to proceed to negotiations with the Federal Government, which will, it is hoped, culminate in early agreements between the four Governments to enter into effect together with the agreement for German participation in Western Defense through the proposed European Defense Community, whose forces would form part of the joint defense forces under the North Atlantic Supreme Command. The Foreign Ministers have agreed on certain general principles to guide the High Commission in its negotiations with the Federal Government. As stated in the Tripartite Declaration issued today the guiding principle of their policy continues to be the integration of the Federal Republic on a basis of equality within a European community itself included in a developing Atlantic Community. Such integration would thus be inconsistent with the retention in future of an occupation status or of the power to interfere in the Federal Republic's domestic affairs. The Ministers believe that the agreements now to be reached with the Federal Government should provide the basis for its relationship to their countries until a peace settlement with a unified Germany becomes possible. The division of Germany, however, prevents the conclusion of such a settlement at this time. This division and the security problem confronting the Federal Republic obliges the Allies to retain, in the common interest, certain special rights but only in relation to the stationing of armed forces in Germany and the protection of the security of those forces, as well as to questions affecting Berlin and Germany as a whole, including the eventual peace settlement and the peaceful reunification of Germany. The High Commission will proceed to negotiations with the Federal Government as rapidly as possible. The Ministers hope to be able to consider at an early meeting final drafts both of the agreements to be reached by the three Powers and the Federal Republic and of the agreement for the establishment of a European Defense Community including Germany.3 The three Foreign Ministers were unanimous in stating that in the view of their Governments there is no justification for any further delay in the conclusion of a treaty for the re-establishment of a free and independent Austria. This has been the constant aim since the conclusion of hostilities. They will not desist in their efforts to bring the Soviet Government to the same view and to that end they have decided to make a new and resolute effort in the meetings of the Austrian Treaty Deputies to fulfill the long over-due pledge to the Austrian people. * The Italian Government has pointed out the contradiction between 1 Supra. 2 See the Bonn Conventions of May 26, 1952; S. Execs. Q and R, 82d Cong., 2d sess., pp. 9-22, 25-165. 3 See supra, pp. 1107-1150. See infra, pp. 1825-1827. 1 some provisions of the Italian peace treaty and the present Italian position in the family of free nations. The Ministers studied sympathetically this question which will be the subject of further conversations between the Governments. Note was taken of the necessity further to examine in collaboration with the other members of the North Atlantic Treaty Organization the most effective use of their combined resources taking full account of the social and economic as well as of the military needs of their peoples. While recognizing the gravity of the world situation, especially in the face of the continued defiance of the United Nations by the forces of aggression in Korea, the Ministers nevertheless found solid grounds for confidence in the growing strength and unity of the free world. The three Ministers on behalf of their Governments and peoples restate their fidelity to the principle contained in the United Nations Charter that international differences must be resolved by peaceful processes and not by force or threat of force. They therefore express the hope that the forthcoming meeting of the General Assembly of the United Nations in Paris will afford a real opportunity for contacts and exchanges of views which the three Foreign Ministers are, for their part, prepared fully to use. 9. TERMINATION OF THE STATE OF WAR BETWEEN THE UNITED STATES AND GERMANY: Proclamation by the President, October 24, 1951 a WHEREAS, by a joint resolution, approved by the President on December 11, 1941, the Congress of the United States formally declared a state of war to exist between the United States and the Government of Germany (55 Stat. 796); and WHEREAS on December 31, 1946, the President proclaimed the cessation of hostilities of World War II; and 4 WHEREAS it has been and continues to be the policy of the United States to bring about the conclusion of a treaty of peace with the government of a united and free Germany, but efforts to this end have been frustrated and made impossible for the time being by the policy of the Soviet Government; and WHEREAS it has nevertheless been considered desirable to bring the existing state of war with Germany to a close and to remove Germany from its present enemy status, thus eliminating certain disabilities affecting German nationals; and WHEREAS the rights, privileges, and status of the United States and the other occupation powers in Germany, and the rights and privileges of the United States and its nationals to which it or they 1 Treaty of Feb. 10, 1947 (TIAS 1648; 61 Stat., pt. 2, p. 1245). 2 i. e., the Sixth Session of the General Assembly, Nov. 6, 1951-Feb. 5, 1952. 366 Stat. c3. 12 Fed. 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