Foreign Relations of the United States, 1951, European Security and the German Question, Volume III, Part 2

CFM files, lot M–88, box 187, questions affecting Berlin

Statement of Principles Governing the Relationship Between the Allied Kommandatura and Berlin¹

[Berlin, March 8, 1951.]

The Allied Kommandatura hereby promulgates the following modifications of the Statement of Principles of May 14, 1949, which, except as modified by this Instrument, continues in force:

• 1. Berlin shall have, subject only to the limitations set out in this Statement, full legislative and executive and judicial powers in accordance with the Berlin Constitution of 1950 as approved by the Allied Kommandatura on 29 August, 1950.
• 2. In order to ensure the accomplishment of the basic purpose of Occupation, powers in the following fields are specifically reserved to the Allied Kommandatura, including the right to request and verify information and statistics needed by the Occupation Authorities.
  • (a) Disarmament and demilitarisation, including related fields of scientific research, prohibitions and restrictions in industry and civil aviation;
  • (b) Restitution, reparations, decartelisation, deconcentration, foreign interests in Berlin and claims against Berlin, or its inhabitants;
  • (c) Relations with authorities abroad, but this power will be exercised so as to permit the Berlin authorities to assure the representation of Berlin interests in this field by suitable arrangements;
  • (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 Berlin Constitution of 1950 as approved by the Allied Kommandatura on 29 August, 1950;
  • (g) Control over external trade and exchange and over trade between Berlin and the Western Zones of Germany; and control over monetary and fiscal policies insofar only as these policies seriously affect Berlin’s need for external assistance;
  • (h) 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 other questions of amnesty, pardon, or release in relation to them;
  • (i) Authority over Berlin police to the extent necessary to ensure the security of Berlin.
• 3.
  • (a) It is the hope and expectation of the Commandants 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 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, or in pursuance of the international obligations of their Governments. Before doing so, they will formally advise the appropriate Berlin Authorities of their decision and of the reasons therefor;
  • (b) In addition, in the special circumstances prevailing in Berlin, the Occupation Authorities reserve the right to intervene, in an emergency, and issue orders to ensure the security, good order and financial and economic stability of the City.
• 4. Berlin shall have the power, after due notification to the Allied Kommandatura, to legislate and act in the fields reserved to the Allied Kommandatura, except as the Allied Kommandatura itself otherwise specifically directs, or as such legislation or action would be inconsistent with decisions or actions taken by the Occupation Authorities themselves.
• 5. Any amendment of the Berlin Constitution or any new Constitution of Berlin will require the express approval of the Allied Kommandatura before becoming effective. All other legislation will be effective without review by the Allied Kommandtura, but will be subject to repeal or annulment by it. The Allied Kommandatura will not repeal or annul legislation unless, in its opinion, it is inconsistent with the provisions of this Statement of Principles as revised, or with legislation or other measures of the Occupation Authorities, 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 appeal as circumstances warrant, to communicate with relatives, and to have a fair, prompt trial.
• 7. All Occupation legislation will remain in force until repealed or amended by the Allied Kommandatura or the Sector Commandants concerned. Insofar as legislation of the Allied Kommandatura or the Sector Commandants is not based on the reserved powers, it will be repealed at the request of the appropriate Berlin authorities.

1. The source text was appendix A to BK/AHC(51)67, p. 1922; it is the text of the Statement of Principles as modified by the First Instrument of Revision, dated March 8. For the text of the original Statement of Principles, dated May 14, 1949. see Germany, 1947–1949. pp. 324–326; for the text of the First Instrument of Revision, see Sixth Quarterly Report on Germany, January 1–March 31. 1951. pp. 145–146.