14. CONVENTION ON RELATIONS BETWEEN THE THREE POWERS AND THE FEDERAL REPUBLIC OF GERMANY, MAY 26, 1952, AS AMENDED BY SCHEDULE I TO THE PROTOCOL ON THE TERMINATION OF THE OCCUPATION REGIME IN THE FEDERAL REPUBLIC OF GERMANY, OCTOBER 23, 19541 THE UNITED STATES OF AMERICA, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, THE FRENCH REPUBLIC and THE FEDERAL REPUBLIC OF GERMANY HAVE entered into the following Convention setting forth the basis for their new relationship: ARTICLE 1 1. On the entry into force of the present Convention the United States of America, the United Kingdom of Great Britain and Northern Ireland and the French Republic (hereinafter and in the related Conventions sometimes referred to as "the Three Powers") will terminate the Occupation regime in the Federal Republic, revoke the Occupation Statute and abolish the Allied High Commission and the Offices of the Land Commissioners in the Federal Republic.3 2 2. The Federal Republic shall have accordingly the full authority of a sovereign State over its internal and external affairs. ARTICLE 2 In view of the international situation, which has so far prevented the reunification of Germany and the conclusion of a peace settlement, the Three Powers retain the rights and the responsibilities, heretofore exercised or held by them, relating to Berlin and to Germany as a whole, including the reunification of Germany and a peace settlement. The rights and responsibilities retained by the Three Powers relating to the stationing of armed forces in Germany and the protection of their security are dealt with in Articles 4 and 5 of the present Con vention. ARTICLE 3 1. The Federal Republic agrees to conduct its policy in accordance with the principles set forth in the Charter of the United Nations and with the aims defined in the Statute of the Council of Europe.* 1 The Bonn Agreements of 1952 as Amended by the Paris Protocol of 1954 (S. Doc. No. 11, 84th Cong., 1st sess.), pp. 129-140. For the 1952 text of this convention, see Convention on Relations with the Federal Republic of Germany. (S. Execs. Q and R, 82d Cong., 2d sess.), pp. 9-22. 2 Statute of Apr. 8, 1949; A Decade of American Foreign Policy, pp. 586-588. The Allied High Commission and the Offices of the Land Commissioners were established in the charter of the Allied High Commission, June 20, 1949; Germany, 1947-1949: The Story in Documents (Department of State publication 3556; 1950), pp. 92-97. Statute of May 5, 1949, as amended; infra, pp. 1001-1012. 2. The Federal Republic affirms its intention to associate itself fully with the community of free nations through membership in international organizations contributing to the common aims of the free world. The Three Powers will support applications for such membership by the Federal Republic at appropriate times. 3. In their negotiations with States with which the Federal Republic maintains no relations, the Three Powers will consult with the Federal Republic in respect of matters directly involving its political interests. 4. At the request of the Federal Government, the Three Powers will arrange to represent the interests of the Federal Republic in relations with other States and in certain international organizations or conferences, whenever the Federal Republic is not in a position to do so itself. ARTICLE 4 1. Pending the entry into force of the arrangements for the German Defence Contribution, the Three Powers retain the rights, heretofore exercised or held by them, relating to the stationing of armed forces in the Federal Republic. The mission of these forces will be the defence of the free world, of which Berlin and the Federal Republic form part. Subject to the provisions of paragraph 2 of Article 5 of the present Convention, the rights and obligations of these forces shall be governed by the Convention on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic of Germany.2 (hereinafter referred to as "the Forces Convention") referred to in paragraph 1 of Article 8 of the present Convention. 2. The rights of the Three Powers, heretofore exercised or held by them, which relate to the stationing of armed forces in Germany and which are retained, are not affected by the provisions of this Article insofar as they are required for the exercise of the rights referred to in the first sentence of Article 2 of the present Convention. The Federal Republic agrees that, from the entry into force of the arrangements for the German Defence Contribution, forces of the same nationality and effective strength as at that time may be stationed in the Federal Republic. In view of the status of the Federal Republic as defined in Article 1, paragraph 2 of the present Convention and in view of the fact that the Three Powers do not desire to exercise their rights regarding the stationing of armed forces in the Federal Republic, insofar as it is concerned, except in full accord with the Federal Republic, a separate Convention deals with this matter.3 ARTICLE 5 1. Pending the entry into force of the arrangements for the German Defence Contribution, the following provisions shall be applicable to the forces stationed in the Federal Republic: (a) The Three Powers will consult with the Federal Republic, insofar as the military situation permits, with regard to all quesSee the Protocols of Oct. 23, 1954, to the North Atlantic Treaty and to the Brussels Treaty; infra, pp. 871-873 and 972-989. ? Convention of May 26, 1952, as amended by protocol of Oct. 23, 1954; infra. 3 Convention of Oct. 23, 1954; infra, pp. 610-612. tions concerning the stationing of these forces. The Federal Republic will, according to the present Convention and the related Conventions, co-operate, within the framework of its Basic Law,' to facilitate the mission of these forces; (b) The Three Powers will obtain the consent of the Federal Republic before bringing into the Federal territory, as part of their forces, contingents of the armed forces of any nation not now providing such contingents. Such contingents may nevertheless be brought into the Federal territory without the consent of the Federal Republic in the event of external attack or imminent threat of such attack, but, after the elimination of the danger, may only remain with its consent. 2. The rights of the Three Powers, heretofore held or exercised by them, which relate to the protection of the security of armed forces stationed in the Federal Republic and which are temporarily retained, shall lapse when the appropriate German authorities have obtained similar powers under German legislation enabling them to take effective action to protect the security of those forces, including the ability to deal with a serious disturbance of public security and order. To the extent that such rights continue to be exercisable they shall be exercised only after consultation, insofar as the military situation does not preclude such consultation, with the Federal Government and with its agreement that the circumstances require such exercise. In all other respects the protection of the security of those forces shall be governed by the Forces Convention or by the provisions of the Agreement which replaces it and, except as otherwise provided in any applicable agreement, by German law. ARTICLE 6 1. The Three Powers will consult with the Federal Republic in regard to the exercise of their rights relating to Berlin. 2. The Federal Republic, on its part, will co-operate with the Three Powers in order to facilitate the discharge of their responsibilities with regard to Berlin. ARTICLE 7 1. The Signatory States are agreed that an essential aim of their common policy is a peace settlement for the whole of Germany, freely negotiated between Germany and her former enemies, which should lay the foundation for a lasting peace. They further agree that the final determination of the boundaries of Germany must await such settlement. 2. Pending the peace settlement, the Signatory States will cooperate to achieve, by peaceful means, their common aim of a reunified Germany enjoying a liberal-democratic constitution, like that of the Federal Republic, and integrated within the European community. 3. [Deleted.] 1 Germany, 1947-1949: The Story in Documents (Department of State publication 3556; 1950), pp. 283-305. 4. The Three Powers will consult with the Federal Republic on all matters involving the exercise of their rights relating to Germany as a whole. ARTICLE 8 1. (a) The Signatory States have concluded the following related Conventions: Convention on the Rights and Obligations of Foreign Forces Convention on the Settlement of Matters Arising out of the (b) The Convention on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic of Germany and the Agreement on Tax Treatment of the Forces and their Members signed at Bonn on 26 May 1952, as amended by the Protocol signed at Bonn on 26 July 1952, shall remain in force until the entry into force of new arrangements setting forth the rights and obligations of the forces of the Three Powers and other States having forces in the territory of the Federal Republic. The new arrangements will be based on the Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of their Forces, signed at London on 19 June 1951,5 supplemented by such provisions as are necessary in view of the special conditions existing in regard to the forces stationed in the Federal Republic. (c) The Finance Convention shall remain in force until the entry into force of the new arrangements negotiated in pursuance of paragraph 4 of Article 4 of that Convention with other member Governments of the North Atlantic Treaty Organization who have forces stationed in the Federal territory. 2. During the transitional period provided for in paragraph 4 of Article 6 of Chapter One of the Convention on the Settlement of Matters Arising out of the War and the Occupation, the rights of the three Signatory States referred to in that paragraph shall be retained. ARTICLE 9 1. There shall be established an Arbitration Tribunal which shall function in accordance with the provisions of the annexed Charter. 2. The Arbitration Tribunal shall have exclusive jurisdiction over all disputes arising between the Three Powers and the Federal Republic under the provisions of the present Convention or the annexed Charter or any of the related Conventions which the parties are not able to settle by negotiation or by other means agreed between all the Signatory States, except as otherwise provided by paragraph 3 of this Article or in the annexed Charter or in the related Conventions. 3. Any dispute involving the rights of the Three Powers referred to in Article 2, the first two sentences of paragraph 1 of Article 4, the first sentence of paragraph 2 of Article 4 and the first two sentences of paragraph 2 of Article 5, or action taken thereunder, shall not be subject to the jurisdiction of the Arbitration Tribunal or of any other tribunal or court. ARTICLE 10 The Signatory States will review the terms of the present Convention and the related Conventions (a) upon request of any one of them, in the event of the reunification of Germany, or an international understanding being reached with the participation or consent of the States parties to the present Convention on steps towards bringing about the reunification of Germany, or the creation of a European Federation; or (b) in any situation which all of the Signatory States recognize has resulted from a change of a fundamental character in the conditions prevailing at the time of the entry into force of the present Convention. In either case they will, by mutual agreement, modify the present Convention and the related Conventions to the extent made necessary or advisable by the fundamental change in the situation. 1. [Deleted.] 2. [Deleted.] ARTICLE 11 3. The present Convention and the related Conventions shall be deposited in the Archives of the Government of the Federal Republic of Germany, which will furnish each Signatory State with certified copies thereof and notify each such State of the date of the entry into force of the present Convention and the related Conventions. IN FAITH WHEREOF the undersigned representatives duly authorized thereto by their respective Governments have signed the present Convention. Done at BONN this twenty-sixth day of May, 1952, in three texts, in the English, French and German languages, all being equally authentic. ANNEX A DECLARATION OF THE FEDERAL REPUBLIC OF GERMANY ON AID TO BERLIN, MAY 26, 1952 [Deleted by Schedule I to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, Oct. 23, 1954; for text of Declaration, see S. Execs. Q and R, 82d Cong., 2d sess., pp. 14-15.] 1 The convention entered into force simultaneously with the Protocol on the Termination of the Occupation Regime, May 5, 1955, in accordance with article 1 of the Protocol. |