II

The Federal Government, appreciating the desirability of the closest possible cooperation by Germany in the rehabilitation of Western European economy, declares its intention of applying for membership in the International Authority for the Ruhr in which, at present, the Federal Government is only represented by an observer, it being understood between both parties that German accession will not be subject to any special conditions under Article 31 of the agreement for the establishment of the authority.

III

The Federal Government further declares its earnest determination to maintain the demilitarization of the Federal territory and to endeavor by all means in its power to prevent the re-creation of armed forces of any kind. To this end the Federal Government will cooperate fully with the High Commission in the work of the military security board.

IV

It is further agreed between them that the Federal Government shall now initiate the gradual re-establishment of consular and commercial relations with those countries where such relations appear advantageous.

V

The Federal Government affirms its resolve as a freely-elected democratic body to pursue unreservedly the principles of freedom, tolerance and humanity which unite the nations of Western Europe and to conduct its affairs according to those principles. The Federal Government is firmly determined to eradicate all traces of nazism from German life and institutions, and to prevent the revival of totalitarianism in this or any form. It will seek to liberalize the structure of government and to exclude authoritarianism.

VI

In the field of decartelization and monopolistic practices the Federal Government will take legislative action corresponding to decisions taken by the High Commission in accordance with Article 2 (B) of the occupation statute.

VII

The High Commission has communicated to the Chancellor the terms of an agreement reached by the three powers for the relaxation of the present restrictions on German shipbuilding.

The main provisions now agreed are as follows:

The construction of ocean-going ships excluding those primarily designed for passengers, and tankers up to 7,200 tons, fishing vessels up to 650 tons and coastal vessels up to 2,700 tons not exceeding twelve knots service speed may begin forthwith. The number of such ships to be constructed shall not be limited.

The Federal Government may, with the approval of the High Commission, acquire or construct before December 31, 1950, six special

ships exceeding these limitations of size and speed. Further particulars on this point were communicated to the Chancellor.

The Federal Chancellor raised the question of the construction and repair of ships in German shipyards for export. The High Commissioners informed him that this matter was not discussed by the committee of experts and that they were not in a position to give him a final decision on it. However, they will meanwhile authorize German shipyards to construct for export ships of the types and within such limits of numbers as are applicable to construction for the German economy; they will authorize repair of foreign ships without restricVIII

tion.

On the question of dismantling, the High Commission has reviewed the present position in the light of the assurances given by the Federal Government and has agreed to the following modification of the program. The following plants will be removed from the reparations. list and dismantling of their equipment will cease forthwith.

A. Synthetic oil and rubber plants. (These plants involving an important security element)-Farbenfabriken Bayer, Leverkusen (except for certain research equipment at Chemische Werke, Huels), Gelsenberg Benzin, A. G.; Hydrierwerke Scholven, A. G.; Ruhroel G. M. B. H., Bottrop; Ruhrchemie, A. G.; Gewerkschaft Victor; Krupp Treibstoff G. M. B. H.; Steinkohlenbergwerke; Dortmunder Parafin; Essener Steinkohle A. G.

B. Steel plants-August Thyssen Hutte, Duisberg, Hamborn; Huttenwerke Siegerland, Charlottenhutte; Deutsche Edelstahlwerke, Krefeld; August Thyssen Hutte, Niederreinische Hutte; Klockner Werke, Duesseldorf; Ruhrstahl A. G. Heinrichshütte, Hattingen; Bochumer Verein Gusstahlwerke, Bochum.

Except that electric furnaces not essential to the functioning of the works will continue to be dismantled or destroyed.

C. Further dismantling at the I. G. Farben plant at Ludwigshafen will not take place except for the removal of the equipment for the production of synthetic ammonia and methanol to the extent provided for in the reparations programme.

D. All dismantling in Berlin will cease and work on the affected plants will be again rendered possible.

It is understood that equipment already dismantled will be made available to IARA [Inter-Allied Reparations Agency] except in the case of Berlin. The present modification of the reparations list will not affect the existing prohibitions and restrictions upon the production of certain materials. Dismantled plants may be reconstructed or re-equipped only as permitted by the Military Security Board and those plants at which dismantling has been stoppped will be subject to suitable control to ensure that the limitation on the production of steel [11.1 million tons per annum] is not exceeded.

IX

The question of the termination of the State of war was discussed. Although such termination may be as consistent with the spirit of this protocol, it presents considerable legal and practical difficulties which need to be examined.

X

The High Commissioners and the Federal Chancellor have signed this protocol with the joint determination to carry into effect the purposes stated in the preamble hereof and with the hope that their understandings will constitute a notable contribution to the incorporation of Germany into a peaceful and stable European community of

nations.

119. OCCUPATION STATUTE FOR THE WESTERN ZONES OF GERMANY, APRIL 8, 1949 1

In the exercise of the supreme authority which is retained by the Governments of France, the United States and the United Kingdom, We,

General PIERRE KOENIG, Military Governor and Commander-
in-Chief of the French Zone of Germany,

General LUCIUS D. CLAY, Military Governor and Command-
er-in-Chief of the United States Zone of Germany, and
General SIR BRIAN HUBERT ROBERTSON, Military Governor and
Commander-in-Chief of the British Zone of Germany,

Do hereby jointly proclaim the following occupation statute:

1. During the period in which it is necessary that the occupation continue, the Governments of France, the United States and the United Kingdom desire and intend that the German people shall enjoy self-government to the maximum possible degree consistent with such occupation. The Federal State and the participating Laender shall have, subject only to the limitations in this Instrument, full legislative, executive and judicial powers in accordance with the Basic Law and with their respective constitutions.

2. In order to ensure the accomplishment of the basic purposes of the occupation, powers in the following fields are specifically reserved, including the right to request and verify information and statistics needed by the occupation authorities:

(a) disarmament and demilitarization, including related fields. of scientific research, prohibitions and restrictions on industry and civil aviation;

(b) controls in regard to the Ruhr, restitution, reparations, decartelization, deconcentration, non-discrimination in trade matters, foreign interests in Germany and claims against Germany;

(c) foreign affairs, including international agreements made by or on behalf of Germany;

(d) displaced persons and the admission of refugees;

(e) protection, prestige, and security of Allied forces, dependents, employees, and representatives, their immunities and satisfaction of occupation costs and their other requirements;

(f) respect for the Basic Law and the Land constitutions;
(a) control over foreign trade and exchange;

(h) control over internal action, only to the minimum extent necessary to ensure use of funds, food and other supplies in such manner as to reduce to a minimum the need for external assistance to Germany;

1 Department of State Bulletin, vol. XX, p. 500.

(i) control of the care and treatment in German prisons of persons charged before or sentenced by the courts or tribunals of the occupying powers or occupation authorities; over the carrying out of sentences imposed on them; and over questions of amnesty, pardon or release in relation to them.

3. It is the hope and expectation of the Governments of France, the United States and the United Kingdom that the occupation authorities will not have occasion to take action in fields other than those specifically reserved above. The occupation authorities, however, reserve the right, acting under instructions of their Governments, to resume, in whole or in part, the exercise of full authority if they consider that to do so is essential to security or to preserve democratic government in Germany or in pursuance of the international obligations of their governments. Before so doing, they will formally advise the appropriate German authorities of their decision and of the reasons therefor. 4. The German Federal Government and the governments of the Laender shall have the power, after due notification to the occupation authorities, to legislate and act in the fields reserved to these authorities, except as the occupation authorities otherwise specifically direct, or as such legislation or action would be inconsistent with decisions or actions taken by the occupation authorities themselves.

5. Any amendment of the Basic Law will require the express approval of the occupation authorities before becoming effective. Land constitutions, amendments thereof, all other legislation, and any agree. ments made between the Federal State and foreign governments, will become effective twenty-one days after official receipt by the occupation authorities unless previously disapproved by them, provisionally or finally. The occupation authorities will not disapprove legislation unless in their opinion it is inconsistent with the Basic Law, a Land Constitution, legislation or other directives of the occupation authorities themselves or the provisions of this Instrument, or unless it constitutes a grave threat to the basic purposes of the occupation.

6. Subject only to the requirements of their security, the occupation. authorities guarantee that all agencies of the occupation will respect the civil rights of every person to be protected against arbitrary arrest, search or seizure; to be represented by counsel; to be admitted to bail as circumstances warrant; to communicate with relatives; and to have a fair and prompt trial.

7. Legislation of the occupation authorities enacted before the effective date of the Basic Law shall remain in force until repealed or amended by the occupation authorities in accordance with the following provisions:

(a) legislation inconsistent with the foregoing will be repealed or amended to make it consistent herewith;

(b) legislation based upon the reserved powers, referred to in paragraph 2 above, will be codified;

(c) legislation not referred to in (a) and (b) will be repealed by the occupation authorities on request from appropriate German authorities.

8. Any action shall be deemed to be the act of the occupation authorities under the powers herein reserved, and effective as such under this Instrument, when taken or evidenced in any manner provided by any agreement between them. The occupation authorities.

may in their discretion effectuate their decisions either directly or through instructions to the appropriate German authorities.

9. After 12 months and in any event within 18 months of the effective date of this Instrument the occupying powers will undertake a review of its provisions in the light of experience with its operation and with a view to extending the jurisdiction of the German authorities in the legislative, executive and judicial fields.

120. CONFERENCE OF FOREIGN MINISTERS OF THE UNITED STATES, UNITED KINGDOM, AND FRANCE: COMMUNIQUÉ ON WESTERN GERMANY, SEPTEMBER 19, 19501

The Foreign Ministers have reviewed the situation in Germany and Allied relations with the Federal Republic, in the light of developments since their last meeting in London in May 1950. They have taken into account in their examination the views which have been expressed on recent occasions by the Government of the Federal Republic.

They and their Governments share the desire of the German people for the unification of Germany on a basis which respects the fundamental liberties. Despite their efforts to achieve this end, it will obviously not be realized so long as the Soviet Union continues to ignore proposals for democratic all-German elections, and to stage controlled elections such as the one to be held in the Soviet zone on October 15. Pending the unification of Germany, the three Governments consider the Government of the Federal Republic as the only German Government freely and legitimately constituted and therefore entitled to speak for Germany as the representative of the German people in international affairs.

They reaffirm their desire, of which they have already given many proofs, to integrate the Federal Republic into the community of free nations. They are convinced that the overwhelming majority of the German people want to take part in building the European community, and in strengthening its common civilization. It appears to them that the time has now come to take a new step toward the attainment of these aims.

TERMINATION OF STATE OF WAR

In the spirit of the new relationship which they wish to establish with the Federal Republic, the three Governments have decided, as soon as action can be taken in all three countries in accordance with their respective constitutional requirements, to take the necessary steps in their domestic legislation to terminate the state of war with Germany.

This action will not affect the rights and status of the three powers in Germany, which rest upon other bases. It will, however, create a firmer foundation for the developing structure of peaceful and friendly relationships and will remove disabilities to which German nationals are subject. It is hoped that other nations will find it possible to take similar action in accordance with their own constitutional practices.

' In Quest of Peace and Security. Department of State Publication 4245, October 1951.