stands ready, now as in the past, to offer every support and assistance considered useful in accomplishing this end.

1

IV

We also discussed the question of German assets in the United States. The President expressed sympathy for the problem raised by the Chancellor in his letter of July 17, 1954, to him on this subject and again expressed his willingness to explore such problems along with the question of American war claims. We were agreed that conversations between representatives of our two Governments will soon begin.

16. TERMINATION OF THE OCCUPATION REGIME: Proclamation by the Allied High Commission, May 5, 1955 2

WHEREAS a new relationship between the French Republic, the United States of America, and the United Kingdom of Great Britain and Northern Ireland, on the one hand, and the Federal Republic of Germany, on the other, has been established by the Convention on Relations between the Three Powers and the Federal Republic of Germany and the Related Conventions which were signed at Bonn on 26 May 1952, were amended by the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany signed at Paris on 23 October 1954,3 and enter into force today,

NOW THEREFORE, We,

André François-Poncet, French High Commissioner for Germany, James B. Conant, United States High Commissioner for Germany, Frederick Robert Hoyer Millar, United Kingdom High Commissioner for Germany,

Acting on behalf of, and duly authorized by, our Governments,
Do HEREBY JOINTLY PROCLAIM:

THAT the Occupation Statute is revoked; and

THAT the Allied High Commission and the Offices of the Land Commissioners in the Federal Republic are abolished.

This Proclamation shall take effect at noon on the fifth day of May 1955.

Done at BONN, Mehlem, this 5th day of May 1955

1 Department of State Bulletin, Aug. 23, 1954, p. 270.

2 Ibid, May 16, 1955, p. 791; see also ibid., pp. 791-795.

S. Execs. Q and R, 82d Cong., 2d sess., pp. 9-22, and supra, pp. 483-485. Statute of Apr. 8, 1949 (A Decade of American Foreign Policy, pp. 586-588) and supra, pp. 1717-1718.

17. UNITED STATES AUTHORITY AND FUNCTIONS IN GERMANY: Executive Order No. 10608, May 5, 1955 1

1

By virtue of the authority vested in me by the Constitution and the statutes, including the Foreign Service Act of 1946 (60 Stat. 999), as amended, and as President of the United States and Commander in Chief of the armed forces of the United States, it is ordered as follows:

1. Executive Order No. 10062 of June 6, 1949, and Executive Order No. 10144 of July 21, 1950,3 amending that order, are hereby revoked, and the position of United States High Commissioner for Germany, established by that order, is hereby abolished.

2. The chief of the United States Diplomatic Mission to the Federal Republic of Germany, hereinafter referred to as the Chief of Mission, shall have supreme authority, except as otherwise provided herein, with respect to all responsibilities, duties, and governmental functions of the United States in all Germany. The Chief of Mission shall exercise his authority under the supervision of the Secretary of State and subject to ultimate direction by the President.

3. The United States Military Commander having area responsibility in Germany, hereinafter referred to as the Commander, shall have authority with respect to all military responsibilities, duties, and functions of the United States in all Germany, including the command, security, and stationing of United States forces in Germany, the assertion and exercise of their rights and discharge of their obligations therein, and emergency measures which he may consider essential for their protection or the accomplishment of his mission. The Commander may delegate the authority conferred upon him. If action by the Commander or any representative of the Commander, pursuant to the authority herein conferred, affects the foreign policy of the United States or involves relations or negotiations with non-military German authorities, such action shall be taken only after consultation with and agreement by the Chief of Mission or pursuant to procedures previously agreed to between the Chief of Mission and the Commander or his representative. Either the Chief of Mission or the Commander may raise with the other any question which he believes requires such consultation. If agreement is not reached between them, any differences may be referred to the Department of State and the Department of Defense for resolution.

4. The Chief of Mission and the Commander or his designated representatives shall, to the fullest extent consistent with their respective missions, render assistance and support to each other in carrying out the agreements and policies of the United States.

5. With regard to the custody, care, and execution of sentences and disposition (including pardon, clemency, parole, or release) of war criminals confined or hereafter to be confined in Germany as a result of conviction by military tribunals (A) the Chief of Mission shall share 120 Fed. Reg. 3093.

14 Fed. Reg. 2965. 15 Fed. Reg. 4705.

the four-power responsibility in the case of persons convicted by the International Military Tribunal, (B) the Chief of Mission shall exercise responsibility in the case of persons convicted by military tribunals established by the United States Military Governor pursuant to Control Council Law No. 10, and (C) the Commander shall exercise responsibility in the case of persons convicted by other military tribunals established by United States Military Commanders in Germany and elsewhere. The Commander shall, on request of the Chief of Mission, take necessary measures for carrying into execution any sentences adjudged against such persons in category (B) as to whom the Chief of Mission has responsibility and control. Transfer of custody of persons in categories (B) and (C) to the Federal Republic of Germany as provided in the Convention on the Settlement of Matters Arising out of the War and Occupation 2 shall terminate the responsibility of the Chief of Mission and the Commander with respect to such persons to the extent that the responsibility of the United States for them is thereupon terminated pursuant to the provisions of the said Convention.

6. If major differences arise over matters affecting the United States Forces in Germany, such differences may be referred to the Department of State and the Department of Defense for resolution.

7. This order shall become effective on the date that the Convention on Relations between the Three Powers and the Federal Republic of Germany and related Conventions, as amended, come into force.

18. GERMAN-AMERICAN RELATIONS: Statement to the Press by the President of the United States and the Chancellor of the German Federal Republic, June 14, 1955 *

The President, the Chancellor, the Secretary of State, and their advisers met this morning and discussed the problems of concern to their two nations. They reviewed the political developments which have taken place since the Chancellor's last visit and noted with satisfaction that the bonds of friendship between their nations have become very close. They are of the opinion that the recent favorable developments in Europe are the result of the consistent, sound policies followed by the United States, the Federal Republic, and their allies.

A large part of their discussion was devoted to the relationship between the nations of the free world and the Soviet Union and particularly the recent developments such as the willingness of the

1 Law of Dec. 20, 1945; Occupation of Germany: Policy and Progress, 1945–46 (Department of State publication 2783; 1947), pp. 144–148.

2 Convention of May 26, 1952, as amended Oct. 23, 1954; supra, pp. 557-607. Ibid.; supra, pp. 486-498.

Department of State Bulletin, June 27, 1955, p. 1033. 5 See statement of Oct. 28, 1954; supra, doc. 15.

Soviet Union to participate in the four-power conference and the invitation of the Soviet Government to the Chancellor. They agreed that one of the objectives of the forthcoming four-power meeting will be to pave the way for early German reunification. It was confirmed that in their combined opinion the concept of neutrality is in no way applicable to Germany and that only in collective security arrangements can Germany assure its independence.

As a result of their discussions, they are reassured that there is a very broad field of understanding between them. They are convinced that the achievement of the policies upon which Germany and the United States are embarked will continue to require closest cooperation in the future. These policies are based on a common adherence to the furtherance of a just and enduring peace among the nations of the world.

B. BERLIN AND EAST GERMANY, 1950-1955

19. ALLIED RIGHTS IN BERLIN: Statement to the Press by the Foreign Ministers of the United States, the United Kingdom, and France, May 13, 1950 3

The three Western Occupation Powers will continue to uphold their rights in Berlin. They are resolved now as in the past to protect the democratic rights of the inhabitants and will cooperate with the German authorities to improve to the utmost the economic position of the three Western sectors. Meanwhile the three Governments will continue to seek the reunification of the city in free elections in order that Berlin may take its due place in a free and united Germany.

4

20. REMILITARIZATION OF EAST GERMANY: Note From the American Ambassador at Moscow to the Soviet Foreign Minister, May 23, 1950 5

I have the honor to express to you the United States Government's grave concern at a development in eastern Germany which is already known to the Government of the Union of Soviet Socialist Republics.

There has been created in the part of Germany that is subject to Soviet control a police force which has, by reason of its military train

The Soviet Government's willingness to attend the proposed four-power meeting was contained in notes to the three Western Powers, May 26, 1954.

The Soviet Government's invitation to the German Federal Chancellor was extended June 7, 1955.

3 Department of State Bulletin, June 26, 1950, p. 1039.

Adm. Alan G. Kirk.

* Department of State Bulletin, June 5, 1950, pp. 918-919.

ing and equipment, the character of an army. This organization is called the Main Administration for Training (Hauptverwaltung Fuer Ausbildung), and it amounts to about 50,000 men. It is not an ordinary police force, and it does not have ordinary police duties. It receives basic infantry, artillery, and armored training and is equipped with military weapons, including machine guns, howitzers, anti-aircraft cannon, mortars, and tanks. It must be regarded, therefore, as a military force.

The Soviet Union has many times expressed its adherence to the principle of the complete disarmament and demilitarization of Germany. In particular, you will recall the following international agreements to which the Soviet Government was a party:

A. Joint Report of February 11, 1945,' following the Anglo-SovietAmerican Conference in the Crimea:

It is our inflexible purpose to destroy German militarism and Nazism and to ensure that Germany will never again be able to disturb the peace of the world. We are determined to disarm and disband all German armed forces; break up for all time the German General Staff that has repeatedly contrived the resurgence of German militarism; remove or destroy all German military equipment; .

B. Declaration Regarding the Defeat of Germany and the Assumption of Supreme Authority by the Allied Powers, signed by General Eisenhower, Marshal Zhukov, Field Marshal Montgomery and General Tassigny on behalf of their respective Governments on June 5, 1945:

The Four Allied Governments will take such steps, including the complete disarmament and demilitarization of Germany, as they deem requisite for future peace and security.

C. Joint Report of August 2, 1945,3 following the Anglo-SovietAmerican Conference in Berlin (Potsdam):

3. The purposes of the occupation of Germany by which the Control Council shall be guided are:

(i) the complete disarmament and demilitarization of Germany . . . To these ends: (a) All German land, naval and air forces . . . and all other military and quasi-military organizations . . . shall be completely and finally abolished in such manner as permanently to prevent the revival or reorganization of German militarization and Nazism.3

D. Agreement between the Governments of the United Kingdom, the United States of America and the Union of Soviet Socialist Republics and the Provisional Government of the French Republic on Certain Additional Requirements to be Imposed on Germany, dated September 20, 1945: *

1. All German land, naval and air forces .. and all other military and quasi-military organizations, shall be completely and finally abolished in accordance with methods and procedures to be laid down by the Allied Representatives.

1 Department of State Bulletin, Feb. 18, 1945, pp. 213-217.

2 A Decade of American Foreign Policy, pp. 506–512.

3 Ibid., pp. 34-48.

Department of State Bulletin, Oct. 7, 1945, pp. 515–521.