762A.00/3–150

Decision of the Allied High Commission for Germany

Decision No. 11

competence of the federal government in the field of foreign affairs

In exercise of the powers reserved by Paragraph 2(c) of the Occupation Statute1 as amended by the First Instrument of Revision,2 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.

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 [Page 1435] 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.