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Compiled by

DIV ION

LIBRARY
F 0 E 0

containing and approved


of the Allied Control for the period July 1946
to September i s t h e f o u r t h in the s e r i e s of
Approved Papers of the Council. and
published by the Legal Office Military
for

Requests f o r and respect t o the and


Approved i n d i c a t e t h a t t h i s publication useful and
a need Government Authorities.

It planned t o publish a f i f t h volume, covering period


1 October 1946 t o December during January

Legal Adviser, and


Director, Legal Division

Berlin
1 October 1946
- - - - - - - - --

Date Page
and Agencies 1
of Nature

of omen on Building 46
and
33 Census of the 20 11

34 the 20

35 avid A r b i t r a t i o n
Conflicts 65
Page
Revision of IV of
on t h e
Liquidation o f German
and Museums
33 Limitation of Characteristics 16 46
of Ships Left a t the
of Germany
34 of a Combined 46
Directorate
35 Sentences of

of 96
Control Authority I n t e r z o n a l
t ios
to 13 Sep 46
Policy

37 of 26 120
of Ships than Fishing and
Pleasure Craft L e f t t o t h e Peace
, of
Date
. -
1
Police of a P o l i t i c a l Nature
t h e Central Registry of War Criminals

(ievise)

Second on Financing t h e Repatriation of 5 5


German and Cbnoxious Germans Located i n
United Territory
46)
Spec I t i o n s co Replacement by 9 44 7
or of of a
harac

3 20
Census German Population
Channels of between Various
of A l l i e d Control Authority snd
the Berlin

of a Coal of 46
CC ( 9
Proposal t o Reparations Item No 26
t o t h e Soviet
V
Date
Non-ferrous Declared Available far 29 46
o r t o be i n Germany

of t h e Member of t h e Economic 29
Directorate on Plants and
CC (46) 3 8

t o the Control Council of the Chief 46


ox" Mission ,
CC and 20

Constitution of Berlin 3

Coastal Shipping Tonnage t o Germany 3 49


254

to 46 52
of Literature of a
and

on the 12 46 53
Holding J o i n t
Air

Frequency Pr 55
265

16
o f C h a r a c t e r i s t i c s of Ships L o f t
a t the of Germany

Reference of Combined 16 Aug 46


46)261 Revise
20 Aug
Dissolution of

3 46 65
and Machinery i n
L abor C onf
VI
, Date Page

Supplement t o Directive 13
Policy
Final

of an Organization t o Carry out 99


in

Inventory of i n Neutral

( 46 ) 8
for Permanent Uniform Postage Stamps Sep 46 105
( 46 ) 3
Report the Coordinating Committee on Sep
of Procedure i n Connection Consideration
of t h e Sentences of t h e I n t e r n a t i o n a l
Tribunal by t h e Control Council

of of C o a l Sep 46
on of
cc
No Sep 120
of o t h e r than
Fishing Pleasure Left t o Peace
Germany
The Control enacts follows

and which have their


the o r control of t h e p o l i t i c a l a c t i v i t i e s of
persons within This to
such Agencies Bureaus, whether organised
within l e g a l l y constituted Police Forces or placed under
t h e control of local authorities,

Article
new o r any of or
Bureaus of t h e specified i n I i s prohibited.
Article

person t o v i o l a t e any of t h e
provisions of t h i s Law to
before a Government Court and Lo as t h e
direct,

Any provision of German l e g i s l a t i o n this


Law is hereby
2
COORD

of the Central Registry of,War Criminals


and Security Suspects

1, By i t s Directive of January 1946, t h e Control


Council decided t h a t , from the date of t h i s directive, the costs
of be borne i n equal p a r t s by t h e of the
four United Nations represented i n t h e Control Council and t h a t
these would have the r i g h t t o charge these costs as
costs of occupation.

2, is i n the necessity to
these expenses foreign exchange. The whereby foreign
exchange occupation costs of t h i s character t o be reimbursed
from German has not yet been However, it is
c l e a r t h a t pending t h e balancing of German import costs against
the proceeds of German exports, foreign exchange occupation costs
of t h i s nature may not defrayed from the l a t t e r source.

3. In f a c t , during this period n o t dispose of any


resources i n foreign be u t i l i z e d t o cover them.
The f o u r occupying nations will thus to

4. The expenses of as obtained sources,


include the elements:

Operating Costs f o r the of February)

French Employees $
US B r i t i s h Personnel
Hollerith 2,800.00
Hollerith Cards and Paper $
Printing General Forms, e t c , 1,200.00
Rent
Stationery Office
Paper
Gasoline and O i l
Cleaning Preserving

Light
Fuel
30.321.00

i n French Francs.
(French franc expenses converted i n t o
dollars the r a t e of
FF
4

5. The a c t u a l of these expenses w i l l n o t be subject t o


fluctuations for several years since they deal principally w i t h
of personnel whose be assured. Thus a
l i b e r a l provision should be f o r t h e i r payment,

6. In of t h e p r i n c i p l e of equal determined
by Directive follows t h a t t h e t o t a l of t h e expenses from
t h e budget of should be divided i n t o four equal p a r t s
and t h a t t h e of the United S t a t e s of America, the
United Kingdom, t h e Union of Soviet S o c i a l i s t Republics, of
France should of one fourth each t o cover
the expenses. It is proposed t h a t each of t h e four
occupying powers pay a sum i n value t o
out of which the cost i n francs w i l l be payable i n
those currencies, the balance and t h i s sum
be regarded as an advance t o cover expenditures w i t h
a t o be a t a l a t e r date. The amounts so
advanced w i l l be used t o defray costs of on an
basis January It is estimated t h a t
so advanced w i l l cover t h e expenses of for a
six period from Amounts already
advanced f o r this purpose by the United S t a t e s since
w i l l be considered applying against i t s share
t h e contribution noted above..

7. They W i l l these advances t o account of external


occupation costs i n t o be reimbursed due time.

46 Revise)

5 July 1946

of 3 July

(379) (a) approved (Revise);


(b) agreed t h a t i n Paris should be financed on
account of proceeds from exports and t h a t ,
as soon as t h i s organization t o Berlin these
expenses should be borne by agencies;
(c) the Directorate t o
the above decision of
Report on Financing the Repatriation o f , German
Obnoxious Located i n United Nations

Note by Allied

1, A t i t s 36th on February the Coordinating


considered on t h e above subject, and agreed
t o r e f e r t h i s paper t o Directorate f o r f u r t h e r
i n consultation w i t h the P o l i t i c a l Directorate.

2, After securing the concurrence of Directorate,


the Finance Directorate, at i t s 34th on 20 1946, agreed
submit t h e recommendations the Committee:

(a) the United be requested assume t h e burden


of expenses incurred i n t o t h e German
border obnoxious G e m s residing
the territory.

(b) expenses incurred I n t h i s connection up t o t h e


point of entry i n t o should be borne by t h e
United Nation concerned that expenses incurred
within should be borne out of resources
w i t h i n t h e Zone i n which they

The above f o r approval, a t t h e


Meeting of Coordinating on 3

Consul. General
A,

H, Colonel

K, Brigadier
.
July

of 3 July

383. ON THE, OF
OBNOXIOUS GERMANS LOCATED

The considered

On the proposal,

(383) (a) approved


(b) instructed the t o send a l e t t e r i n
the of the Control Council t o t h e United
Nations requesting them the burden of
a l l expenses incurred in to
German b o r d e r agents and obnoxious
in their
7

Special Instructions Concerning Replacement by Similar


o r Comparable Property of Objects of a Unique Character
(Proposal of t h e U. Member)

for objects of the following categories


only may be submitted t o t h e Allied Control Authority:
Works of a r t of t h e masters of painting,
and sculpture,

The important works of distinguished masters


applied art and outstanding examples
of national art.

Historical r e l i c s of any
books (such as rare books
having an i n t r i n s i c os h i s t o r i c a l character, or
constituting r a r e examples even modern times,

e. Objects of importance t o the of science,

Only for objects of great r a r i t y be considered,


Action t o be taken on each claim w i l l be based upon the evidence
presented and t h e merits of each case.

see page 8
9 1946

COORDINATING

(Meeting 8 July 1946)

agreed:

(387) ' ( a ) To approve i n paper submitted by

instruct the and R. Directorate t o


consider what machinery best implement the
measures mentioned i n t h e paper, taking i n t o
the existing machinery for dealing
with reparation and

NOTE: In its meeting of 8 July 1946 t h e Coordinating Committee


considered Appendix to instead the
paper Revise:
Concerning by Comparable
Property Objects a Unique
of on Building Reconstruction

of t h e shortage able-bodied men i n certain


of Germany, Control Council as follows:-

Article I

The a u t h o r i t i e s may employ, or authorize


the of labor on work,
rubble

Article

The of
of 30th and a l l
other with are or
in this

This into on the date of publication,

Done a t t h e 10th day July

date of publication i s I 4 J u l y at

49
July
Revision of Article of on the
of Nazi

of Directive is hereby rescinded and


by the following

a r e not subject destruction and


licuidation:

I. erected solely i n memory deceased members


of regular military organizations, with tho exception
of organizations, the and
2, Individual existing a t present o r t o be
erected i n t h e future, the a r c h i t e c t u r a l
designs, decorations o r of the monuments,
mentioned in 1 and 2 do not r e c a l l
militarism o r the

a t o the o f the monuments


indicated i n and 2, a l t e r a t i o n s may be
a r c h i t e c t u r a l designs, decorations o r
inscriptions which would remove objectionable
characteristics

Done a t the 12th day of J u l y

I.
Lieutenant General

.E. G.

R. J.
General de Division
46)226 F i n a l
A of located
British, Soviet Lone of Occupation and
i n Berlin on basis o f t h e at
Tuesday of October,

Civilians art?
t o , and of i d e n t i t y papers
by,

a r e not, been
i n t o Zone or i n t o
i n possession of i d e n t i t y papers exempting
do not receive t h e i r
cards sources; such
non-German barge crews
and non-German whose p o r t i s not Located

2, i n possession of displaced
located
placed tho of any
defaces, a l t e r s , or makes
away such
s h a l l be in o r German courts and
s h a l l be by imprisonment f o r a exceeding
five by a not less and n o t more
29,030.-

This come on t h e of

Joseph

Li ensnt General

General de Division

hours, 25th J u l y was t o a~ t h e d a t e of


of Law

(Final)
2C J u l y
3. Civilian internees
IV

The questions
of t h i s are t o be included i n L i s t f o r all four
.
Zone have d i s c r e t i o n t o
of the and t o add additional
thereto.

VI

Subject t o of t h e local
be under
Government f o r the are giver:
f u l l power the of

1. duty of by any
authorized t o so this to correctly a l l
on to and t o
under or for they a r e

shill refuse neglect t o answer


of or w i l f u l l y give that are
f a l s e , s h a l l be in iiitary o r German courts
and s h a l l tor exceeding
by of n o t not than
o r both,

3 . Any o f f i c i a l o r o t h e r with
the t h e census

o r i s privy the of an
inaccurate r e t u r n of or

makes o r i s t o the of any


omission or false document
issued o r this o r any o r d e r
pursuant thereto, o r
(a)
he o r she or

if in un
i n s t i t u t i o n f i n a l o r professional.
passed

12. o r profession:

Nature of or other
means of subsistence (peasant, turner,
engineer, )

(b) Social. position skilled


worker, of
etc. )

{ o r of
de

14. you served i n the ( or


or i n if so,
to dcts, i n what rank?

Citizens of should answer


who not c i t i z e n s of
citizenship by only (routine
f o r naturalization), by with a
c i t i z e n of of foreigners do not acquire
citizenship by of t h e i r b i r t h within t h e
country. possessing citizenship i n addition
to should indicate t h i s . S t a t e l e s s
persons, no of country,
should
16

These questions be by persons


n a t i o n a l origin d i f f e r s from
citizenship 7).
t o be o u t by persons whc born before
1 January,
4.
oder
3)
oder abgeschlossen?

in Hochschule
die oder

oder

)
{Proposal of the Allied S e c r e t a r i a t )
i t s thirty- fourth m e t i n g , on the 28th June
of I n t e r n a l Communications ap roved
paper subject o f Channels of Correspondence between
and Fos of the Allied Control Authority
and the Allied of Berlin, taking i n t o consideration
t h a t d i r e c t exchange of a t the Joint
Meeting o f the Posts Cormittee of t h e Directorate
of and Communications o f the
The o r i g i n a l paper by t h e Cirectorate i s
held by

The Secretariat o f the t h a t , apart from


this particular tance, t h e Coordinating should give
dacision on t h e general p r i n c i p l e o f
between echelons of Allied Control and t h e Allied

A number of papers from various of the Allied


Control Authority addressed t o the Allied Berlin, have
come to t h e of the Allied S e c r e t a r i a t i n weeks.
large of t h i s i s r e l a t i v e t o the implementation
of and regulations already agreed by
Control Council. These papers a r e n o t of s u f f i c i e n t
t o warrant t h e i r t o t h e Coordinating
as they represent technical ccrrespondence,
e x i s t i n g proczdure of these
to for to
tha

The that the


the f o r correspondence
between various echelons of the Allied Control and
the Allied

a) Coordimting agrees correspondence


i s relative to the of Coordinating
decisions on and regulations,
i s only of a routine and/or technical nature, be
of Allied Control
20

Authority t o the Allied without


reference t o t h e Coordinating Cormittee
set forth

b) Coordinating delegates to Allied


S e c r e t a r i a t t h e r esponsibility of control of a l l
such d i r e c t correspondence.

Echelons of t h e Allied Control Authority who wish


t o e s t a b l i s h d i r e c t channels of communication with
echelons of Allied w i l l submit
a f o r authorization t o t h e Allied Secretariat.
The Allied w i l l review a l l recuests from
t h e various echelons of t h e A l l i e d Control Authority
for permission t o correspond d i r e c t l y with the
Allied The Allied S e c r e t a r i a t w i l l
review from t o time a l l papers which constitute
direct

5. T h i s paper is t o the Coordinating


Committee f o r its at i t s Sixty-sixth on
July 1946.

H. Colonel

G, Brigadier

L.

Allied Secret

Approved a t Berlin July


21

Establishment of a Cormittee of led

Note by the Allied S e c r e t a r i a t

The French has been informed of


Foreign i n Paris, on 1 2 July 1946, t o t h e following
decision:

The Council of Foreign Ministers agreed t o charge the Allied


Control Council with the appointment of a Committee of q u a l i f i e d
experts who should submit the four Governments not l a t e r than
August a report on the following questions:
which should be taken with a view t o
German coal production.

2. Basic guiding principles f o r the allocation of the German


coal production between requirements of home consumption and
export.

This report should be considered by the Allied Control Council


f o r Germany which, i n i t s submit the report t o the
Council of Foreign Ministers by 1 September 1946.
This paper is submitted f a r consideration by the
at its on July

A. A.

A. Colonel

K. G. Brigadier

L. J.

Allied S e c r e t a r i a t
.
see page 25 46
22

t o the decision of the Council of Foreign


on July, relative t o the of on Coal, which
was referred to the Coordinating Committee, the Delegation
proposes

that each member of the


the of delegation who will
the work of the

2) the Committee instruct t h e Committee of


on the one t o carry an the
occupation Zones, t h e points
mentioned in the attached and, on the other hand,
study, i n with Para 2 of the decision of the
of Foreign p r i n c i p l e s f o r the
of coal production between i n t e r n a l
consumption and export.

\
EXPERTS FOR
THE TO COAL PRODUCTION

The investigation report of the Committee of Experts


w i l l deal. with the following

1. The number of necessary, t h e


of t h i s manpower and the rate of incorporation t o be
recommended ,

2. of a t t r a c t i n g bo the the greatest number of


and of ensuring output.

in rations. Should such an


be w i t h output? Should t h e advantages be extended
to and workers related which a r e e s s e n t i a l
t o t h e operation of t h e quantities supplementary
food necessary should be indicated,

b. The value of a supplementary d i s t r i b u t i o n of consumer goods


t o miners, a s a means of increasing production; the type and
quantity of goods necessary and the way which they be
obtained, e i t h e r from production or from
Indications should be given of the available resources f o r
t h i s purpose i n each the of coal and raw
materials necessary and required for
also the regard t o distribution.
The effect of conditions on output and
proposals as t o what be
Indications should given t o the and type of
building necessary, The resources of the zones i n
coal and raw materials.

d, The from the point of view, of an


increase i n miners

Other of encouraging output (transport; f a c i l i t i e s ,


tobacco and beer rations, output bonus).

f . Technical supervision, d i s c i p l i n e i n t h e p i t s and necessary


measures t o them, Collaboration w i t h the Trade Unions
and Reduction of absenteeism.
g. methods t o encourage output,

3, The or of the present supplies


of to t h e and measures t o be adopted t o obtain
the supplies which may be necessary. Indications
should be of quantities of coal and raw materials

4. what extent the of coal the mines


reduced.
of t h e methods used t o establish production
and the to be attained.
6, level t o be
In drawing up experts should give their
on t h e s h o r t and long on coal production of
which they put forward. These recommendations
shall be entirely objective and take l o c a l conditions
The a c t u a l p o s s i b i l i t i e s of their proposals
i n t o e f f e c t should in any case t o t h e zone commanders
for their opinion,
24 July 3.946

COORDINATING

(Meeting 23 July 1946)


OF A COAL OF EXPERTS
The considered
General stated that the Soviet Delegation
t o the creation of t h i s committee and as
t h e Soviet representative,

General CLAY nominated as the U.S. representative,


and proposed t h a t a meeting of t h e Committee be
order t o draw up of reference and submit them t o
t h e next Coordinating Committee meeting, The experts should, a t
same time, their duties without awaiting
confirmation of t h e i r of
General s t a t e d t h a t t h e B r i t i s h delegation agree
t h e creation of such a Committee an condition that its a c t i v i t i e s
should four nominated Brigadier as t h e
B r i t i s h representative, He also proposed t h a t Committee should
report to' t h e Coordinating Committee through time Directorate of

General thought this l a t t e r procedure


and considered t h a t t h e should report d i r e c t l y t o the
Control However, its report could be prepared
consultation with t h e Directorate of Economics.

General agreed General proposal and


nominated the French representative on t h e

On proposal,
THE
(a) appointed of qualified experts,
composed of the members mentioned above, and
instructed it t o s t a r t work

(b) instructed t h e Coal Committee t o draw up


of reference and t o submit them t o the next
meeting of the Coordinating Committee.
26

Proposal t o Make Nu,


the Secretariat)
A t its F i f t y Economic consi d e r
the statement , about
Item No. 16 available the Union; that
of No. 3 plant .

The explained t h a t Item was


p a r t of plant.
The Directorate requests Coordinating Committee t o
reconsider decision on No. 16 in the list of plants and
t o make it available-to the

This i s presented t o t h e Coordinating Committee


f o r consideration a t Sixty- sixth on July

K.
L.
Allied S e c r e t a r i a t

see page
of July 1946)

TO 16,AVAILABLE TO THE
SOVIET

The Meeting 46)

approved t h e proposal of t h e of Economics


d e l i v e r Reparations Item No.16 (a portion of the
Plant) the Soviet Union, including i t
a part of 3 t h e f i r s t l i s t of advanced
28

errous Plants ,Declared Available f os


o r t o be Retained i n

(Note by t h e Allied S e c r e t a r i a t )

The Directorate of Economics, a t i t s Fifty- fourth Meeting


on 5 July 1946, the lists of non-ferrous
declared available f o r reparations t o be retained i n Germany,
with following amendments:
In reparations item
i n column of list, t o exclude
the copper-smelting shop of tons capacity;
In t h e lists of t o be retained i n Germany,
t o include the copper-smelting shop of 40,000
capacity, belonging t o Raff

One of each agreed text of the above lists is


f o r information i nthe Allied Secretariat.
This paper is submitted Committee for
at Sixty-sixth Meeting on July

A.
Colonel

Secretariat

46)241
u9.

The considered

agreed:

(a) approve the l i s t non-ferrous


plants declared available f o r reparations;

(b) t o Directorate of
Deliveries and Restitution:

to this
Union f o r submission

t o proceed immediately the


of these plants;

t o the proposal e
from reparations p l a n t the
shop of tons

to from the headings lists t h e words


1, page 1, and
attachment 2, page

to the of non-ferrous
plants t o be retained
COORD

423. OF THE SOVIET OF THE ECONOMIC


ON PLANTS.NOS. 1013
The informed the t h a t t h e Economic Directorate
had requested of t h e decision t o include
reparations plant 1209 as p a r t of reparations plant 1013,
inasmuch as t h e l a t t e r had been divided between
two positions i n t h e list.

THE
(423) confirmed the above-mentioned decision of the Economic
Direct e.
July

The announced the Allied S e c r e t a r i a t


to inform the Control Council the new Chief of
tho General Huender,
had a r r i v e d in Berlin awaiting presentation t o t h e
Control Council.

- -
greed t h a t should b
to Control Council i t s 35th
July
OF BERLIN

To provide f o r a r i s i n g a f t e r the collapse of


the national- socialist and the occupation by the
Powers, in continuation of the c o n s t i t u t i o n a l r i g h t , according
t o the City Statutes of 30 1853, to t h e Law on t h e formation
of a new Berlin of 27 April 1920, and t h e the
preliminary regulation of various problems of the
constitutional r i g h t of the City of Berlin of 30 1931,
Berlin receives the following:

C S I TU T IO
Chapter I:

Article 1

Greater Berlin is the exclusively established Public


T e r r i t o r i a l Corporation f o r the Territory of the
of Berlin.

(2) Greater Berlin has t o f u l f i l t h e public duties, i n its


district accordance with t h i s Constitution,

(3) Greater Berlin beers the and Flag with t h e Bear.


P a r t i c u l a r s hereof will be l a i d down a s p e c i a l order.
Article 2

(1) The whole of the German c i t i z e n s of Greater Berlin express


t h e i r w i l l through t h e i r elected representative bodies,

c i t i z e n s of Greater Berlin are, within t h e framework


o f t h e effective laws, of s t a t u s independent of Race,
Sex, Confession and extent of property owned.

The representative a r e the


and the t

3
The i s constituted on ground
of general, ecual, a i r e c t , and s e c r e t election by the
inhabitants of are entitled to according
t o the p r i n c i p l e s of
33

The of the will be by


f o r t h e period of t h e
A l l p o l i t i c a l parties composing t h e
must be represented the if
parties it. The of the mus
be to fulfil duties.

The elected w i l l remain i n o f f i c e u n t i l t h e


elected representatives and members of t h e trat
been obligated.

The election of the of the Stadtverordnetenvers


and details f o r t h i s election will be given i n the
ragulations.

Article
The c o n s i s t s of members
They will be elected f o r two years.

Article 5

has the following duties:

The election of t h e members of the

The resolution on

(i) the Constitution of Berlin its alterations,


(ii) all l e g a l regulations
(iii) the settlement of t h e Budget, grants, and
for extraordinary expenditures,
the of t h e taxes,
(v) t h e discharge o f t h e
audit ,
(vi) the taking up of loans,
the o f new, the of
obsolete o r unprofitable and establishments,
the i n new as
o r public r i g h t ,
bestowing and t h e Freedom of the City.
The supervision o f t h e execution of t h e Legal ons
by t h e r esentatives as w e l l of the e n t i r e
administration.
34

6
(1) two weeks the publication of the f i n a l result
of the elections t o the Stadtverordnetenversammlung t h e
must summon those elected f o r t h e of
c o n s t i t u t i n g the and
obligate them by handclasp a t t h e of t h e
meeting to conscientiously f u l f i l t h e i r duties.

In the meeting the elects


from t h e i r midst f o r t h e i r of o f f i c e t h e
Committee, consisting of a Chairman a secretary, and
their

(3) The i s t o be summoned a t l e a s t


once a month. The meeting t o be c a l l e d by t h e Chairman,
with notice of subjects t o be discussed. Notice be
given a t l e a s t two c l e a r days t h e meeting direct
every representative.

Extraordinary meetings of t h e
be a l s o by
the Chairman
on demand of a t least one fourth of t h e members, o r
on demand o f

and, i n cases of utmost urgency, nus


be a t least two c l e a r days before meeting d i r e c t t o
of members, with notice of the subject t o be
discussed.

(4) On deliberation and voting on subjects touching the s p e c i a l


p r i v a t e i n t e r e s t s of a representative, t h i s representative
may not present. H i s opinion can be expressed i n writing,
and t be heard.

( 5 ) Should a l o s e his r i g h t t o vote, he w i l l be excluded


from t h e and will l o s e
r i g h t s as member of

(6) i t s own order


re regulations.
35

Article 7

(1) The s i t t i n g s of the a r e public.


On of the or Chairman o r of a f i f t h
of the representatives, the public may be excluded the case
of c e r t a i n matters. A resolution on t h i s point i s passed i n
a secret sitting.

(2) The e s t a b l i s h committees i n


order t o discuss c e r t a i n general as w e l l as individual problems.
These e l e c t from t h e i r m i d s t a a secretary for
summoning meetings and presiding a t these.

(3) The and i t s a r e competent


t o pass resolutions i f a t least one half of t h e members a r e
present. The resolutions are, if not otherwise stipulated,
passed w i t h simple majority. In case of equal votes, t h e
vote of the Chairman w i l l decide. Resolutions upon
a l t e r a t i o n s of the Constitution require a majority of two
thirds,

(4) a r e t o be kept of t h e meetings. These have t o contain


the discussed motions, a s well as t h e manner and r e s u l t of
t h e voting. Resolutions, as passed, a r e t o be entered i n a
book. The Minutes of the meeting, as well the
entry of the resolutions t o be signed by t h e Chairman
who presided a t meeting, and by the secretary.

The members of the have right


of traveling f r e e of charge on the means 'of transportation
within Berlin, and t o receive a remuneration f o r each s i t t i n g
and compensation for the loss of earnings accruing owing to
sitting.

Chapter 111: THE

Article 9
The h a g i s t r a t consists of the three
and a of sixteen additional full
salaried,
,

members of the take an oath i n the


of the taking up o f f i c e ,
t h a t they will t h e i r d u t i e s f o r the
of t h e Community and in accordance with the law.
If a member of t h e breaks h i s oath o r shows himself
unsuited f o r h i s office, he may be relieved of
upon hearing before a specially
by t h e for t h i s
A decision t o requires a two-thirdb majority of t h e
members of the

-
Article-
10
(I) The i s t o be invited t o a l l s i t t i n g s of the
, and of its with
Agenda.

The can demand t h e participation


of a c e r t a i n member the purpose of
r e p o r t t o the The o f the
a r e allowed a t any time during t h e discussion t o express
t h e i r opinion.

( 3 ) The t o be of a l l resolutions of the

The is supreme, and executive organ


of Greater Berlin, and
i s entirely t o the
and subordinate i t s instructions.
The and on t h e basis o f ,
and f o r the purpose of the o f t h e existing
l e g i s l a t i v e ,provisions which been adopted by t h e
and
the of these
provisions and ordinances,
directions will
the whole 0 Greater

Upon a vote of t h e of t h e Stadt-


vorordne , a resolution
the Allied requesting of the
s t a t i n g reasons. 'If Kommandatura the
must
37

The is authorized t o bring up questions f o r the


agenda of meetings, to
prepare proposals in an form f o r discussion a t
these 'meetings.

decides on t h e d i r e c t i v e s t o which
p u b l i c tasks are t o be carried through, and supervises
the

The and dismisses all persons


in service of Berlin; and supervises management,
a of the or Bezirksamt, o r a
member latter has been charged therewith,
takes its decisions by simple majority of
votes! In of equality of the casting vote of
the w i l l decide. is t o take
decisions, than one half of i t s members a r e
deliberating voting on subjects touching t h e
p r i v a t e i n t e r e s t of a the this member
be H i s written explanation be heard.

up i t s procedure.
12
The is t h e hagistrat, H e
represents externally, the sessions of
the and d i r e c t s the service supervision of t h e
of t h e
The ere t h e permanent deputies of t h e
rbue ter

The or, case of his


Deputy, act on h i s own i n cases
belonging t o the which admit of no
delay, The be l a i d before at
next session for confirmation by way of resolution, o r
cases of p a r t i c u l a r importance, a t extraordinary meeting.
These decisions must not the constitution the
principles

as leading executive authority,


through s, the of which
not exceed has its a of
Each of h a g i s t r a t perf independently, on
own and i n accordance the directives
obtained in 11, t h e duties entrusted t o by the
representative bodies

Article

resolutions of the bodies


(Article and para are binding
f o r the bodies only, they have been passed by
the agreement,
agrement reached, a j o i n t discussion between
the trat the S held,
with o b j e c t of reaching an If an agrement
is through t h i s j o i n t discussion, t h e Stadt-
w i l l decide with a two t h i r d s majority
of i t s members,

(1) For purpose of local Greater Berlin i s


divided
Districts)

( In each a
(District and ( D i s t r i c t Office) w i l l be
formed t o look l o c a l i n t e r e s t s , and t o carry on t h e work
of t h e

(3) Upon a o f the


the an Administrative District; can be divided
into (Local D i s t r i c t s ) ) .

15
The is established on t h e basis
of a general, ecual, d i r e c t , and s e c r e t election, by
persons t o vote, l i v i n g i n the
District, t h e principles of proportional
and f o r the period of two years.

(2) Far t h e D i s t r i c t s of up t o 100,000 inhabitants,


D i s t r i c t Representatives, f o r those of up t o
200,000 inhabitants, D i s t r i c t Representatives, and f o r
those of 200,000 and more inhabitants, 45 District
.Representatives a r e t o be elected.
39

(3) The elections of the and the


elections of the take place on
the The elections of the of the
f o r these elections
be given i n the election regulations.
Article 16
The is t o resolve on affairs
within the of the directives
issued by tho and t h e

The elects the of the


to t h e s t i p u l a t i o n s valid for the
election of the Magistrat,
The annually prepares a
on the of the and
by the district, as well as of the other District
this as basis f o r the
total
(4) supervises execution
of its resolutions, and the of the means which
at of f o c a l establishments and
i n s t i t u t i o n s of

of a f t e r the publication of t h e
final r e s u l t the of the
in order t o c r e a t e the
t h e elected members and, at the
first must t h e members by

and their
the election

bo a
be made by
m u s t be
2
Extraordinary of t h e
my convened.

on t h e p a r t of t h e Chairman,
on of a t least of t h e Representatives,
or
on of the Bezirksamt.
of t h e utmost urgency, t h e notice m u s t
the questions t o be discussed, must be transmitted
t o each D i s t r i c t Representative least 2 days before
day of the meeting.

The public, the


of the o r the Chairman, or a f i f t h
of t h e Representatives, the public be excluded t h e case
of The resolution on t h i s is passed i n a
secret sitting.

The members of t h e
of
take p a r t
.the meetings
Tha members of
are to be invited, w i t h notice of t h e agenda,
part meetings of the
its
'The can the of
a c e r t a i n member of the as The
of the and t h e be at
time during the deliberation.
deliberating and voting on subjects touching t h e
s p e c i a l p r i v a t e i n t e r e s t of a member of
t h i s member may not be present.
declaration , however, be heard.
If a of the loses
r i g h t t o vote, excluded from the
and lose r i g h t s due t o as member.
must be informed on resolutions ,of t h e

The of have the


r i g h t of traveling free of o n the public means of
within Berlin, and t h e y a
f o r each compensation of
\

The. consists of the t e r as C h a i r -


man, one Deputy, and not mare than 9 salaried official members,
Every member conducts independently, and under
personal responsibility, t h e duties transferred t o by the
election and according
the given i n A r t i c l e

The of t h e take an bath


entering t h e i r o f f i c e , t h a t they
their d u t i e s unbiased, f a r the welfare of and i n
the law, of t h e breaks
h i s oath, or shows as completely unsuited f o r
he may be relieved of it, upon a hearing
before Committee called by t h e
for purpose. decision t o requires
a two-thirds j of the
Upon two-thirds vote of total of
a resolution may be forwarded t o t h e
Military of t h e requesting dismissal o f the
and s t a t i n g the Commandant of
Sector immediately resign,

The t h e executive subordinate authority i n


affairs of t h e D i s t r i c t . The
absolutely responsible t o t h e

The is the executive o f the


and its duty is t o f u l f i l d i r e c t i v e s of t h e
the supervision the

The to
resolutions of t h e
administer i n s t i t u t i o n s and establishments of t h e District,'
engage, persons who the
of the Administration of t h e D i s t r i c t ,
the
the bodies of Berlin,
represent
Lrict . matters the
42

In other provisions of Article and ( 6 )


are of h a g i s t r a t must be heard
any time during t h e discussion of t h e

The i s under the supervision of


and t h e other members
t h e supervision of t h e Beairksbuergermeister,

Chapter . OF THE
THE
A r t i c l e 20

competency of the Local i n the


Districts, i n r e l a t i o n t h e Central is t o
be i n the Statutes. these, the sphere of
affairs t o be by t h e Central Administration is to be
designated, All other administration a f f a i r s a r e t o be
attended t o by the Districts.

(2) The spheres of work to be s t a t e d such that

a f f a i r s which uniform administration on account


of t h e i r f o r tho of Berlin, are l e f t
t o t h e management of t h e Central of t h e
t
all other affairs concerning the D i s t r i c t i t s e l f are t o
be ,
by t h e Bezirksamt and the Bezirksamt m u s t be
allowed d i s c r e t i o n i n these affairs,

( 3 ) The spheres of the d u t i e s of Districts may be different


i n tne various D i s t r i c t s .
Article

The chief S t a t u t e s w i l l the and powers of


the Council define t h e methods considered
necessary the co-operation of local and c e n t r a l
The chief Statutes t o be submitted
the Kommandatura f o r approval,

Article 22
It is t h e p r i v i l e g e of t h e cases, t o prevent
t h e execution resolutions of t h e
lung, the if the of t h e
make o r i f tha resolutions of the
a u t h o r i t i e s exceed their competence, o r v i o l a t e t h e In
the resolutions of the preventing the execution
43

and resolutions
the f o r the objection must be given.

Article
If no agrement is reached in the case o f Article 22, every
Corporation concerned may apply f o r a decision, within
2 weeks, from date of the announcement of the objection.

This decision w i l l be made by a appointed by t h e

property of t h o corporation is t o be
and It is t o be
maintained out means of t h e regular budget.

To provide f o r articles replacement, because they are


too old, or been o r otherwise have depreciated
i n value, o r because of increased requirements due t o
be placed reserve out of
t h e o r d i n a r y Budget Extension Reserve),

A r t i c l e 25

Public Undertakings t show a p r o f i t .


Statutes m u s t framed f o r undertakings
representation (City owned undertakings) .
administration. the
for undertaking must be effected i n a
specific t h e i r administration and
financial results.

A r t i c l e 26

Loans bonds, o t h e r credits, except Cash


credits) only be r a i s e d within t h e extraordinary budget

Loans nay be taken up only f o r covering extraordinary


so f a r as o t h e r means f o r covering
demands are not available.
each loan a redemption scheme must be s e t up. Loans
which t o s a t i s f y recurring demands are t o be redeemed
before these arise anew,

e n t i r e income and expenditure of are to


be calculated f o r each f i s c a l year, inserted i n the
budget The budget plan the basis f o r
all revenues and expenses, A s a rule, expenses
for one year,
calculating the budget plan for Berlin, s p e c i a l
plans a r e t o be made t h e demands of the Districts,
For carrying them through, d i s c r e t i o n i s left t o each
district.

If by the of t h e t h e budget f o r t h e next


year has not y e t been compiled, up t o t h e time of application
the authorized t o pay expenses necessary,
for based i n s t i t u t i o n s , t o enforce
measures which taken on a l e g a l basis, t o fulfil.
legally valid obligations of Greater Berlin, and t o proceed
work on buildings, supply, other services for
which i n the o f the preceding year,
was already sanctioned.

Article 28

Surplus and m y o n l y be paid with the approval


of t h e may only be given f o r indisputable

(2) and extraordinary expenditure requires the


subsequent consent of Representative

expenditure may be paid only cover payment


is assured.

i n t h e service of of
violating the of 28, are e to
Corporation f o r t h e involved. to
render does not arise, i f the was
taken order t o avoid a pressing danger t o Corporation
whfch could n o t be foreseen, and i f the contravention of the
was not excessive i n v i m of the measures
by the
Article
The Treasurer must give t h e Representative bodies of Greater
Berlin an of the u t i l i z a t i o n of a l l revenues of t h e
fiscal year, i n the first months of t h e following f i s c a l
year, and a summary the e n t i r e assets and
liabilities,

The accounts are t o be and passed by t h e


on the basis of t h e budget and budget
calculations, Details be given in Ordinance.

the of and statement of


carried through by the the Representative
decide t o pass t h e accounts.

Chapter PUBLIC;

Article 31
persons fulfilling superior duties i n the Central
employees in lead- positions of 'the
Central Administration are transferred, and
by t h e

persons who have t o superior i n the


District, a l l employees i n leading
positions of t h e D i s t r i c t are appointed, transferred and
sed by the ,
transfer of who bave t o perform superior
i n the Berlin from an Administrative D i s t r i c t t o
the o r from District another,
upon by the Magistrat after hearing the respective

who t o exercise superior duties i n the service


of Berlin, i n taking over t h e i r work, have t o swear an oath
that they f u l f i l them f o r the of all,
and according t o t h e They official
for
Chapter LEGAL PROVISIONS
A r t i c l e 33

A be regulated by ordinance, it
t o be Legal, This ordinance must be framed
according t o t h i s and announced i n writing and
publicly

(2) are be published within a of one


month a f t e r final They come i n t o e f f e c t , failing
o t h e r directions, on the seventh after they are published.
A r t i c l e 34

The organs which been appointed or approved by the


municipality of Berlin, when this Constitution comes i n t o
force, t h e Central as i n the D i s t r i c t
tration, exercise t h e privileges
until organs are appointed,

This on the day of i t s


publication i n Greater d i r e c t i v e s , which are
contrary t o t h i s Constitution, void on the day,
The necessary directives for i t 3 be issued by
the Magistrat,

(2) The d e l i b e r a t e i n public


meetings on of a new f o r Greater
Berlin. This Draft t o be submitted t o t h e Allied Powers
f o r approval before May soon
ha3 been given, elections must be held to
new Constitution.
36
may be s p e c i f i c a l l y provided by t h e Allied Control
Authority, the of Greater
is subordinate tu the and t h a t of the
t o the the
respective sectors. All which a r e
the as as ordinances
and instructions by the must to
and of t h e Powers and t h e
Allied Berlin, and be sanctioned by the latter.
47

i n the Constitution, resignation of the trat


or of of its members, w e l l as t h e appointment and
discharge of leading o f f i c i a l s of t h e c i t y administration
can o n l y take e f f e c t w i t h the sanction of t h e Allied
Berlin,
The Bezirks activities
t o the i n t h e respective sectors.

This Draft of a Temporary for Berlin has been


elaborated by t h e Government of t h e A l l i e d
Kommandatura,

, ,

USSR FR.

46

3 August
C

(Meeting 2 August

BERLIN,
The
TKE
(a) approved proposed c o n s t i t u t i o n principle;

(b) amended 4, and a8 shown above;*)


(c) returned t h e constitution t o the

i n v i t i n g i t s a t t e n t i o n t o the foregoing
discussion;

Articles 4, and 36 here published t h e i r amended


requesting it t o the desirability
of amending t h e constitution t o give tho
Stadtverordnet and
the r i g h t t o
after due hearing, the dismissal of
employees of the Magistrat
who v i o l a t e the constitution; and

authorizing it to t a k e final on t h e
cans f u r t h e r reference t o
t h e Coordinating Committee, after having
the necessity f o r t h e
referred above.
49

COORD

Coastal Tonnage l e f t t o

(Note the Allied S e c r e t a r i a t }

The Coordinating , at its meeting on


July 1946, t h e paper on the above
In discussion a divergence opinion
apparent.

The Soviet, accepted the paper its entirety,


The s t a t e d t h a t the object of t h e paper was
not c l e a r t o as, according t o t h e Germany
m u s t be t r e a t e d an economic whole, which principle was
a t the Council of Foreign in
proposal. suggested t h e division of t h e German coastal shipping
the zones, a s though t h e zones were d i f f e r e n t
The U.S. could not agree t o t h i s , b u t was prepared t o
available the transport f a c i l i t i e s i n i t s f o r use throughout
t o combine them with those of any other aone, a s
soon as a Central German Department The
could not however agree t o divide the assets
of Germany t h e four zones.

pointed out t h a t t h e proper course was t o


set up a Central. German Transport Organisation t o operate t h i s
mercantile fleet the i n t e r e s t s of as a whole.
The B r i t i s h would not agree t o divide up the f l e e t if this
was agreed by colleagues,
The as a basis f o r f u t u r e discussion
the following d r a f t reply t o t h e T r i p a r t i t e
C sion:
a) The Control Council had provisionally fixed the figure
tons carrying capacity, 200,000 tans as t h e
l i m i t of tonnage t o be l e f t f o r t h e peace-time needs of Germany.

b) Of t h e ships to Germany by the Commission


accordance w i t h para (a) of the l e t t e r , the e f f e c t i v e tannage
available t o amounts only t o t o t a l l i n g 165,526
r

In view of the age and condition of t h e serviceable and


repairable vessels contained i n t h i s figure, t h e Control
i considers t o be impossible, without f u r t h e r
operation, t o decide now whether this
of
be or

d) The agrees that t h e T r i p a r t i t e


can a l l o c a t e ships already l i s t e d by the
Commission i n excess of t h e Should ships be
traced, which not been listed by t h e such
ships will not declared as available t h e consent of the
Control

0) to request of t h e T r i p a r t i t e
that should be with a l i s t of ships
of than gross registered tons Control Council
understands t h a t matter has received f u r t h e r consideration
by the and, therefore, awaits a f u r t h e r

The Coordinating Committee decided t o postpone discussion


this paper t o future

This paper is consideration by t h e Coordinating


a t its Sixty- eighth

Brigadier

Allied
August

(Meeting of 2 August

SHIPPING LEFT TO

The considered

agreed ( a ) t o i n s t r u c t the S e c r e t a r i a t t o transmit t o


the T r i p a r t i t e
t h e d r a f t l e t t e r proposed by t h e B r i t i s h
Delegation,

t o i n s t r u c t t h e Transport Directorate t o
expedite its study on the operations of
German shipping.
CONTROL

of of a_ Nazi
and Militarist

Control Council Order No, 4 is by the


addition of the garagraoh:
In the i n t e r e s t s of research and the
Zone Commanders ( i n Berlin the may
a of copies of documents
prohibited , These w i l l be
kept i n s p e c i a l where they may be used
by German scholars and other persons who have
received permission t o do so from t h e Allies, only
under s t r i c t supervision by the Allied Control
Authority.

The Zone will inform one another through


Control Council channels the quantity
t i t l e s of those documents, the place where they
and the purposes f o r which they being

Done a t Berlin, the day of August

of the A i r Force e

/s/
E
of t h e Union

hours, August was agreed t o as t h e d a t e of


of t o Control Council Order Final)
August
IN T

Report on Disadvantages of Holding


Joint of the and Directorates

(Note by t h e Allied S e c r e t a r i a t )

The Coordinating Committee a t i t s 59th on June, 1946


considered above question.

2. The Service Directorates were i n s t r u c t e d t o r e p o r t on


t h e advantages and disadvantages i n meeting as a j o i n t body while
awaiting t h e i r merger i n t o an Forces Directorate. J o i n t
held on July, 1946 and July, former
f o r t h e purpose of t h e reports required by Control
Council Directives Nos. 22 and 28, t h e l a t t e r or purpose of
considering t h e question of t h e establishment of an Forces

3. From from above t w o the


Naval Directorates have arrived a t the' following
conclusions:

(a) :

rapid action would be obtained on c e r t a i n questions


of equal and mutual concern where of the
Directo r a t e s is required.

(b) Disadvantages :

j o i n t gathering of three Service Directorates


becomes unwieldy and i s a p t t o r e s u l t i n the
of results, e. The three Service Directorates
from each of t h e four powers present t h e problem of
representatives who have separate and d i s t i n c t opinions}

(2) There are many and


c l e r i c a l disadvantages due to fact t h e r e i s no
l e g a l basis for j o i n t meetings no permanent staffs o r f i l e s
provided f o r . i s not considered advisable t o e s t a b l i s h
separate staffs special f o r j o i n t meetings
since t h i s a t b e s t a temporary expedient.
4. The t o the Coordinating
Committee i n view of disadvantages of joint meetings
t h a t no action be taken prescribing such meetings that
holding of such meetings, pending t h e of an
Forces Directorate, be l e f t t o t h e discretion of the Service
Directorates,

5. This is submitted f o r the consideration of t h e


Committee a t i t s t o be held
12th August, 1946,

R, Lieutenant

CALVY

Secretariat

Approved a t 12 August 1946 46 )262


Radio Frequency Allocation Procedure
OF
clearly a responsibility of Radio Party
t o insure that interference t o t h e radio services of t h e four
occupying nations other authorized services i n Germany
A t the same it is a responsibility' of the
Working Party t o insure t h a t radio i n Germany
occasion a of interference t o radio s t a t i o n s external

PROCEDURE

new requests f o r radio frequencies f o r the four occupying


nations o t h e r authorized Services i n Germany w i l l be submitted
t o the Radio Party for the necessary frequency clearance.
The four occupying nations should w i t h t h e i r present
allocations and submit only new likely t o occasion
interference t o any of t h e four occupying nations. A l l recuests
should t h e information indicated in the
for Requests".

TR

indicate t h a t only services


within will be affected, to the
four occupying powers will be selected and allocated f o r

As a guide, it is considered that:


Frequencies or s t a t i o n s less than
watts need not be coordinated zones.
employing less than watts,
d i r e c t i o n a l antennas, frequencies less
kilocycles may not be coordinated between zones if
they do i n t e r f e r e with the work of other s t a t i o n s
of Allied Powers.

Particulars as t o t h e power, frequency, and of


a l l s t a t i o n s and purpose of c i v i l s t a t i o n s operating within
each of be by
Zone concerned t h e S e c r a t a r i a t of the Allied
and Posts Committee f o r information
purposes
When technical indicate t h a t services outside
be affected, s u i t a b l e t o the four
occupying powers be selected and then external frequency
boards i n areas l i k e l y t o be affected will be to
on the proposals of t h e Working Party,
All be conducted through the S e c r e t a r i a t
of the Allied and Posts Committee and each
secretary secure the of his respective member
(or his t o t h e dispatch of letter,

cases of which mag a r i s e between


services of the four Powers located on the t e r r i t o r y of
occupied should s e t t l e d by the Working
In case of interference occupying nations, t h i s
necessitate check t o whether t h e properly
assigned are being used i n w i t h good
procedure, and t o remedial action which
involve frequencies, If s t a t i o n outside
Germany is negotiations then be t o obtain
solution questions of of
with s t a t i o n s other countries as well as on
questions of of rndio s t a t i o n s of other countries
with radio

correspondence be conducted the S e c r e t a r i a t


of t h e Allied Communications and Posts Committee and each
secretary w i l l secure t h e of h i s respective member
( o r h i s deputy) p r i o r t o t h e dispatch of letter.

In with decision reached a t the London Conference


concerning c i v i l radio frequencies i n countries of
held

Allocation of the between t h e services t o


arrived a t t o i n s t r i c t accordance w i t h t h e
Regulations at Cairo in
t o individual countries according
t o t h e Lucerne should be u t i l i z e d elsewhere
of t h e country to which these
had bsen a l l o t t e d and subject t o consideration
of t h e frequencies actually in in

Approved BERLIN 12
Frequency Desired
(Listing

2, Location of Transmitter

3 . Description of
(Characteristics and Orientation i f

Freuuency Tolerance of
of

6, of Emission ( i n
Type of , ,

8. Service
9. of not continuous

50. Location of Receiver


Proposed d a t e of Introduction of Service

12. Date 09 registration i n

Any other
Directive

of of Ships Loft

The Control d i r e c t s as

It is e s s e n t i a l f o r t h e proper control of t h e waters


of a few c r a f t should be available t o prevent
smuggling, i l l e g a l f i s h i n g and f o r such other d u t i e s the arrest
of vessels which illegally left harbour.
I n anticipation of r e s t r i c t i o n s likely t o be
imposed on ships and allowed t o in of t h o
urgency of establishing adequate Frontier Frotection, Customs
Fishery Protection Council authorizes t h e
f

The Zonal of of three Zones having


a seaboard will be permitted t o employ not more
24 vessels of a tonnage i n excess of 100 gross
registered tons and a speed not i n excess of
20 knots. These craft be obtained from
nation share of Navy
w i l l be used f o r Protection, and
Fishery Protection duties,

The above craft on will never


revert t o ownership.

The above c r a f t w i l l be by Officers of


n a t i o n a l i t y of occupying Power.

of s t a t u s which be by
Frontier Protection, Police, Custom or Fishery Protection
Services may have a not in excess of 18 knots a
tonnage not excess of gross registered tons.
The c r a f t mentioned i n paragraphs (1) and (2) above
will by personnel of the f r o n t i e r Protection,
Police, Customs o r Fishery Protection Services.
i n the c r a f t w i l l be subject t o
regulations regarding exclusion of personnel of t h e
former Forces as applicable i n the case
the German police,
in so f a r possible, riot changed.
craft w i l l the Control. Authority

shall t h e r i g h t t o assure
itself t h a t the above
in each Zone,
The
authority, r e s p o n s i b i l i t i e s and previously
or to t h r e e Service Directcrates
i n accosdance with the decisions of the T r i p a r t i t e
Conference of Berlin, and as directed

and Third to

In any of where t h e
o r A i r Directcrates are
or agent,
Directorate: will be
substituted.

To include cf reference o r basic


the

Authority t o with a l l of c i v i l
to i n accordance
with of Control Council.

(ii) responsibility keeping a brief


in all t h e l i q u i d a t i o n and
regrowth of t h e
f o r bringing t o the notice the
any f a c t s o r tendencies which the
of t h e Services
might to a military
and t o the of
directives, decisions which
bear questions of and propose
t o these laws they consider necessary,

Authority t o deal with a l l p r o b l e m


hydrographic i n Germany and control
t h e German i n accordance
with of the Control Council.
Authority t o deal meteorological problems
responsibility f o r
c o n t r o l of
i n accordance of t h e
Control Council.
--
Director

Each of t h e Control Council w i l l designate a


representative t o a c t one of t h e four heads of t h e
Combined Services with authority t o
such deputies s t a f f as necessary.
. --
It i s i n i t i a l l y proposed t o t h e following
standing t ees :

Naval

Additional w i l l be

Secretariat of necessary staff to


provide all f a c i l i t i e s
necessary the functioning of t h e
and its sub-
Council: i n 2,
1, 20th

Article I

tries

and
with staffs,
ins staff, the
corps, , and
other and
clubs associations which t o keep the
in disbanded,

Article

The arid of of
agencies o r under any
or t ing of o r any of the
functions of such or i n the by other
agencies

Article
-
- -
is repealed
of or

codes and
, other which the
of
the legal
military and personnel
of families,
Article

of by the
I of' t h i s i s subject t o
by o r d e r o f . t h e Zone
V

or the
of t h i s be to
Court such
penalty, court direct,

VI

of Union
The Labor of o r Land s h a l l
of assessors:

(a) on basis of t h e

that .
of Trade Unions or t h e i r Federations i n

be the b a s i c of
the of t h e o r of employers
associations i n t h a t

. .
2 Article 11 this
the submission a for settlement by Arbitration
Commission o n l y with consent the
t o the

2, of t h e Commission be unbiased,
independent of both to conflict, by
Assessors the of t h e p a r t y interests
they represent. a i s referred under
paragraph 2 of of such shall n o t
be required i n case of e i t h e r the the

haar and
take such o t h e r evidence as
the court t o such on they
n si d e r c .
68

Subject t o 2 of t h i s Article, an
award by an n o t be binding upon
the parties t o conflict they accept

of a shall
a u t h o r i t y unless such award
my the Allied Control or
is i n the objects of Allied
or .

2. Zones have the r i g h t t o


review of order t o ensure
i t y of such awards with the objects
set forth i n
Article

This force the of its publication.


of t h e B e r l i n P o l i c e

4.

paper, is t o have t h e
following I n view:

p r i n c i p l e of q u e d r i p a r t i t e c o n t r o l of
of City of Berlin.

(2) to rights, powers a u t h o r i t y of


Berlin to by
Allied

(3j in
the of the c i v i l and t o ensure
of order Berlin,

(4) to e x i s t i n g organizational
except by t h e
of f o u r Assistant Chiefs of Police, one f o r
the of

to c o n t r o l over t h e police
in s e c t o r n o t i n c o n s i s t e n t w i t h t h e objectives
lis above,

-- I F -
w i l l exercise power and c o n t r o l over,
nnd bear r e s p o n s i b i l i t y f o r , t h e a c t i v i t i e s of t h e Police
Force of City of Berlin, whose and d u t i e s

2. nssistod Chiefs
of P o l i c e f o r each S e c t o r ) .

Public Safety Officers of each of 4 Allied Powers


retain prerogatives and, w i l l have power of
c o n t r o l over the Assistant Chiefs of P o l i c e t h e i r respective
Sectors; a c t i v i t i e s and will remain
The number of and of
each Sector of Berlin, a s established on 1 June as well
t h e number police and of administrative staff, i n accordance
w i t h t h e approved establishments, w i l l unaltered unless
changed by t h e

a c t i v i t i e s of t h e City of Berlin Police w i l l continue t o


be by t h e Quadripartite Public of t h e
Allied

60 Polizeipraesident of t h e City of Berlin w i l l be


appointed by t h e of City of
Berlin on t h e i n s t r u c t i o n of t h e
(b) The Polixeipraesident w i l l appoint, er dismiss
only with t h e prior approval of t h e Allied to
all evidence the necessity f o r such w i l l be
t h e following o f f i c i a l s !

Polizei
Assistant Chief of Police
der

The Sector i n h i s own s e c t o r w i l l


right special t o give i n s t r u c t i o n s t o t h e
t o suspend t h e police officials falling in t h e
categories l i s t e d below subject t o the
o f these by the order of t h e Allied
The i n s t r u c t i o n s of t h e Sector w i l l be implemented by
the provided they are not inconsistent with
policy i n the d i r e c t i o n of t h e Police,

1. t
Stellv.
3. der
Reviervorsteher

60 police to
above ,
. REORGANIZATION

view t o work of branches of the


and also t o improving the control over the work of t h e p o l i c e the
d i f f e r e n t Sectors of Berlin, 4 Assistant of the Police
(one for each Sector) w i l l be appointed.
The Assistant Chief of f o r each Sector have his
number of o f f i c i a l s with qualifications.
s p e c i a l i s t s will a s s i s t i n the control of three
of t h e Sector and ensure t h e i r operation.

The Assistant of Police for each i n general


, circumstances not give any orders, i n s t r u c t i o n s o r
directions connected w i t h t h e work of Police i n
h i s Sector without knowledge of sanction of the
praesident. in case of constituting a
t o public cases t h a t do n o t a f f e c t o v e r a l l p o l i c i e s
and of s p e c i a l t o t h e Sector the Assistant
Chief of Police of the Sector m y necessary end
n o t i f y t h e Polizeipraesident of the taken.

4, the exceptions noted above, Chief of Police


each Sector will report t o Polizeipraesident and
of connected w i t h
the work of before putting i n t o practice, They
o n l y a f t e r their by, and of
an to effect the

The i s responsible t o tne


f o r t h e work of and services of t h e
police, being guided by orders based on the decisions of the Allied
Kommandatura, w i t h the of the

6 of and
in each are d i r e c t l y subordinate only t o t h e
l e i t e r , and on the results of work t o the corresponding
of the through the
and t h e Chief of t h e Sector.

Approved a t BERLIN 22 August ( 46


with understanding proposed
reorganization would be subject t o t h e
provisions the conetitution page et
when it
73

COORDINATING
Reply t o Concerning the From
Spain of Underground The
Allies
Note by A l l i e d S e c r e t a r i a t

1, The Coordinating Committee a t i t s 58th on


June approved a reply the Secretary General of the
Nations Organization who had requested on the
d i r e c t i o n from Spain of underground a c t i v i t i e s against
t h e Allies, The text of' reply as

it has n o t been possible t o


discover any evidence concerning d i r e c t i o n from Spain
of t h e underground a c t i v i t i e s against t h e Allies
The is studied and t h e interrogation
of a r r e s t e d persons has not been completed.
The n o t be excluded t h a t t h e r e
between underground organizations and
F a s c i s t s abroad.

i s hoped t h a t complete report w i l l be forwarded


by Allied Control early July,

2, compliance w i t h the second paragraph of reply s e n t on


June the C. Directorate has submitted t h e following
additional reply which it be approved t o the
Secretary General of the United Nations Organization:

an t o the sent you on 3 June


concerning t h e question of d i r e c t i o n of
underground a c t i v i t i e s the Allies, the Allied
Control hereby you that although t h i s
matter has been under investigation up t o t h e
present t i m e no of Spanish- directed underground
a c t i v i t i e s i n Germany has been

3, paper i s for consideration o f the


Coordinating a t its on 22

H,
R. , Lieutenant Colonel
L. Consul,. General

Allied
74

The considered

THE
i n s t r u c t e d the t o send t h e United
Organization t h e reply contained paragraph 2
of t h e paper, with the of
Control Authority is the
any facts a r e established,
it with the United
Nations
(Note by the Allied S e c r e t a r i a t )

At Twenty-eighth held on 3rd the


Directorate of I n t e r n a l Affairs and considered t h e
t h r e e proposals on the above subject:

(a) To f o r the present time temporary uniform postage


stamp as a s i n g l e s e r i e s i n 19 denominations, on t h e bevel
with the f u t u r e postage stamp not t o l i m i t i t s
validity use.

To i s s u e permanent postage only a t such times

ti mail .
exact r a t e s w i l l have been determined f o r domestic and

( c ) To prolong the period v a l i d i t y of postage


i n the Zones u n t i l a f t e r which date they s h a l l be
withdrawn circulation.

2. The Directorate approved t h e f i r s t and second


but was unable t o agree on t h e t h i r d , and decided t o
submit t h e question t o the Coordinating Committee f o r decision
taking consideration tho following of view.

(a) While t h e and E r i t i s h agreed to


t h e discontinuance of t h e c
sale
- of the zonal as of
t h e French acting i n s t r u c t i o n s of h i s
government, could n o t accept any date f o r the discontinuance of
s a l e of zonal postage stamps.

(b) The and embers agreed t o t h e


of the of the zonal stamp as of bay
while British wished t o see the v a l i d i t y of these
extended. The French could n o t agree t o any such

the opinion the British, and


issue of a uniform does not prejudice t h e position of
the French Delegation i n regard t o Central German
The Coordinating Cornittee a t its 55th an
considered the disagreement contained i n paragraph 2 above.
agreement could not be reached owing t o the view held by t h e
French Delegation, t h e paper was returned t o t h e I n t e r n a l Affairs
Communications Directorate.
I n t e r n a l Affairs and Communications Directorate a t i t s
39th Meeting on 9 August 1946 agreed t o forward the following
to Coordinating Committee for approval:

"he date from which the temporary uniform postage


may no be sold, well as the limit date of v a l i d i t y ,
cannot be s e t as it is t o be replaced by the permanent postage
(See para, following).

(b) date of ( s a l e ) of permanent postage


not be s e t u n t i l the designs submitted will have been accepted
by t h e Coordinating Committee,

( c ) L i m i t d a t e o f s a l e i n t h e Post of t h e zonal
postage i n the States, British Soviet
Zones is fixed f o r August a t midnight. The d a t e of
of "these f o r postage mail i s fixed f o r
October at

The peculiar t o t h e French Zone a r e maintained,

This submitted f o r t h e consideration of t h e


a t its E on 27th August

J . . Consul,
Berlin Courts and Trade Unions

(Note by the Allied S e c r e t a r i a t )

The i n s t r u c t e d its Legal Committee t o


examine t h e question of whether the Judges, Prosecutors and
O f f i c i a l s of t h e Courts should be permitted join Trade Unions.

2, Appendix attached contains a r e p o r t approved by


,British and French Representatives of t h e Legal Committee,
attached contains a report on the opinion of t h e
Soviet Representative which d i f f e r s from t h a t of t h e three o t h e r
Representatives.

The reports were the The


Commandants were unable t o reach an agreement; they decided:

a, t o refer matter t o Control Authority


with a of the opinions,

t o forbid judges prosecutors of Berlin t o j o i n


Unions the decision by the Allied
Control Authority.

Directorate examined t h e attached Appendices


but t o reach a unanimous decision. In June, therefore,
the Directorate submitted a paper t o t h e Committee
informed it t h a t :

the B r i t i s h and Soviet are of


opinion t h a t no case in point j u s t i f i e s
t h e measures provided f o r i n paragraph of t h e
proposal i n Appendix and that t h e
Coordinating should be advised t o
t o the t o withdraw this paragraph 4
to no on t h i s point.

The French Delegation considers, on .the that


a d e f i n i t e question was submitted t o the Legal
Directorate, t h a t i s not within functions to
judge o r not the question i s of present
interest, t h a t it should have given i t s findings
on t h e p r i n c i p l e
The Coordinating Conunittee a t i t s 59th and 60th
on and 22 June 1946, considered t h i s paper. The and Soviet
agreed t h a t t h e German Law of they
were prepared t o leave it i n force and t o ask t h e
The B r i t i s h wished t o be sure t h a t a
or a capacity would not have the
r i g h t t o j o i n a t r a d e union which had the to
t h e French found i t possible t o study the
l e g i s l a t i o n , t h e meeting agreed t o r e f e r it t o t h e
Directorate submission of a new proposal taking into
consideration t h e opinions expressed i n Coordinating Committee.

6, Directorate considered t h e a t i t s 56th ,


on agreed t o send t h e following reply
to Committee:

1. to law in i n 1932, judges


and prosecutors had r f g h t , each a t h i s own
t o form or professional
associations so a s t o p r o t e c t t h e i r economic
interests, o r t o e x i s t i n g unions
associations of such nature, but judges and
nevertheless, had right to
belong t o organizations which had t h e r i g h t t o

2. Tho Directorate Coordinating


t o request the

(a) t o withdraw their question on the subject


of Berlin judges and prosecutors; and

(b) t o their decision forbidding judges


and prosecutors t o join Trade Unions and be
the legislation force
1932 as i n the

b. that British Delegation doubts on


above in and considered
it would be necessary t o add a the
above mentioned conclusion, follows -
the C o d t t e e that
l e g i s l a t i o n should be enacted t o repeal any
laws and t o r e s t o r e t h e law on t h i s
subject as it existed p r i o r t o I f , however,
it was ascertained that t h e l a w was t h e
same there be necessity t o
79

This paper is submitted for tho consideration of the


Coordinating Cormittee its on August

H. Colonel
R. L t , Colonel
L, Consul General

Allied Secretariat
is Policy subject t o the maintenance of
security t o of t r a d e unions. Accordingly,
r i g h t of employees performing tasks t o the work of t h e
courts t o unions is recognized. However, it is
opinion of the representatives signing t h e below that judges,
prosecutors persons who
of o r prosecutors serve
stead) not policy they do n o t
follow a t r a d e i n usual

It also Policy of t h e
judiciary, the of
proposal that the of trade unions by prosecutors
and c o u r t this when the judicial
t h o process of would tendency
to that should not be

Proposal :

accordance with above is by the


of t t h e Allied
i s s u e t h e following order t o the
of t h e :

personnel o t h e r judges, prosecutors and court


those the absence of
judges prosecutors t h e i r stead) may join trade
unions providing the i n accordance w i t h the
of t h e D i r e c t o r a t e o f the Allied
Council and o t h e r orders of .
2, Negotiations be with
a u t h o r i t y only, on current
be up with officials.

3. unions or
be known that; is
In force in s h a l l govern t h e of
Berlin and prosecutors to form unions or professional
ass iat ions

a
82

.-Courts Unions
Report o f t h e of t h e Committee,
lied

is not to the resolution the


r e p r e s e n t a t i v e of question of Courts
Trade Unions" which effect judges prosecutors from
j o i n i n g Trade because:

1 3 of Potsdm by t h e head
of t h e Three of f r e e Trade
Unions and not the r i g h t t o j o i n such Trade
Unions my workers or

2. i n force creation
Unfons officials t h i s connection Part
of t h e f o r government o f f i c i a l s ,
issued i n provides like other
citizens, in associations o r
s o c i e t i e s , t h e o b j e c t s of do n o t c o n f l i c t with
for p r o t e c t i o n of their interests.
P r i o r l i m i t a t i o n s which forbade o f f i c i a l s from
t h e o b j e c t s of which c o n f l i c t e d w i t h
i n t e r e s t , are cancelled.

34 The r e s o l u t i o n t o judges and prosecutors


unions dces not follow current Authority
l e g i s l a t i o n nor does follow
and l i v i n g working of judges prosecutors.

To p r o h i b i t judges and prosecutors


Unions is t o t h e civic r i g h t s of t h i s category of
workers, i n contradiction of declarations of' t h e
on t h e of of
freedom Gemany.

For t h e seasons above s e t it proposed:

the question of judges,


court o f f i c i a l s Trade Unions should be
the provisions of force up t o
on t h i s t o apply.
(46

(a) thee to its


decision judges prosecutors t o
Unions, t o be guided by
legislation t h f s subject force

to Revise,
following

4 and and substitute:


force i n
govern right Berlin judges
prosecutors t o unions o r professional
s ions.
(Note by t h e Allied S e c r e t a r i a t )

Economic Directorate a t i t s 27th Meeting on ,

3 approved t h e following i n t e r p r e t a t i o n of
. &port-Import Plan:

may open bank h i s own


which as Accounts of t h e Control
Council. w i l l c o n s i s t of proceeds of exports,
withdrawals be made o n of t h e Zone
o r h i s duly representatives, pay
f o r imports i n t o h i s own Zone, o r otherwise i f approved
by Control, Council o r between Zone

i n s t r u c t i o n s from t h e
of r e p o r t s
t o the Control Council on t h e s e

Coordinating its on
considered outlined paragraph
above agreed t c the paper t o D i r e c t o r a t e with
instructions t o t h e f i n a n c i a l aspects and t o submit
to Coordinating

3. The Directorate i t 5 36th on J u l y 1946


to t h a t the approve t h e
of of the interim Export-Import Plan
paragraph above t h e r e t o t h e following provisions:

Zone should a accounting


record. a l l exports from and imports i n t o Zone.

currency f o r t h i s purpose should bo:


export o r is invoiced a
other than d o l l a r s , t h e entry i n the
such export o r import should
both in d o l l a r s (as bookkeeping currency)
i n the which t h o or was
invoiced,
I

by one Zone another


export-import operations, such
i n nccordnnce with made
directly Zone or with agree-
reached Control Council) should
entered accounting

Statements t h e above accounting records must be sub-


quarterly by Zone to Control Council
such in a manner as by t h e
of consultation with t h e Finance
to r n t
This is f o r t h e considmation of t h e Coordinating
at its on 3 1946.
Interpretation o f i n the Valuation
on of

The Coordinating i t s 57th on 28 1946,


considered following i n t e r p r e t a t i o n on t h e i n the
valuation of d e l i v e r i e s on account of which
been agreed by Finnnce D i r e c t o r a t e a t i t s
on 1946:
From u n i t of i s excluded of
, plant which used f o r industrial
purposes i n view the n a t u r e of t h e i t e m ,
receiving Power can r e j e c t having
value of n o t mora than of
1938 value of t h e whole u n i t of
(as defined i n paragraph I above).
(other t h a t i n paragraph
above) hava been t h e r e s i d u a l value s h a l l be
not of t h e value of
the of a l l o c a t i o n ( a s defined i n paragraph
above) t h e 1938 replacement value of items
within of t h e provided
paragraph above.

Coordinating Committee approved the paper provisionally


i n s t r u c t e d t h e Economic to Article
with view t h e production of p r e c i s e wording.

2, The a t i t s 66th on
July considered the of t h e Economic
which was t o d e l e t e Article of t h e as i n
paragraph 1 above, The S o v i e t proposed a new d r a f t of
Article fallows:

which, i n view of its nature


purpose equipment or
ins , linings,
incomplete odd cannot be p u t t o
be excluded from the
u n i t , Such be included i n a s p e c i a l
list, r e c i p i e n t country will be the
to f r o m this such p a r t s
deems
88

Tha Coordinating Committee agreed return t h e paper t o


t h e Economic Directorate f o r f i n a l drafting t h e l i g h t of the
above proposal.

Directorate a t its 59th Meeting on 9


considered and agreed t o t h e following new wording f o r

u n i t of allocation will include t h e equipment


which can be moved and i s as determined by
t h e experts t h e equipment f o r evaluation.
may be excluded on t h e i r
unanimous

4. This paper the for


consideration a t its 3

K, G. Brigadier

3. L. Consul General

Allied S e c r e t a r i a t

The (3rd Revise).

t h e new wording for contained


paragraph 3 of
CONTROL COUNCIL
Directive

Sentences of t h e I n t e r n a t i o n a l Tribunal.

The Control Council issues t h e Directive pursuant


t h e Agreement of August 8 t h for t h e Prosecution and
of t h e War the and of
The Charter of t h e Tribunal annexed t o t h e
said

1. An o f f i c i a l record of all proceedings of t r i a l now


being held before t h e Tribunal Nuremberg,
and of further ordered t o be held before %he s a i d
Tribunal pursuant t o Article 22 of t h e Charter, shall,
immediately a f t e r sentence has been rendered, be held a t the disposal
of t h e Legal Directorate of t h e Allied Control Authority by t h e
S e c r e t a r i a t of the Tribunal, t o the extent required by the said
Director

2, If for Clemency i s by a to
death, t h i s P e t i t i o n , i n order t o be receivable, be addressed
t o the Control Council and lodged with t h e S e c r e t a r i a t of t h e
International Tribunal w i t h i n f o u r from d a t e on
which sentence was passed. The S e c r e t a r i a t the T r i b u n a l w i l l
record t h e d a t e of r e c e i p t or' t h i s and
forward it t o t h e Control Council, together with copies of t h e
and of t h e Judgment of t h e Tribunal, If it so desires,
t h e control Council may r e f e r for Clemency t o the
Directorate, which forthwith make a study of the
Petition, t h e of t h e Tribunal and
of the record of the proceedings a t t h e t r i a l and of t h e
produced i n evidence t h e r e a t a s it considers
Thereupon t h e Legal Directorate w i l l r e p o r t i t s
the prescribed by the Control Council,

3. any person be convicted and sentenced t o


he will begin service of sentence accordance
with the Judgment of t h e Tribunal. person be convicted
and sentenced to by t h e the w i l l be c a r r i e d
out on t h e f i f t e e n t h t h e date of of sentence
i n open court, unless ordered the Tribunal or t h e Control
Council within s a i d period, If the f i f t e e n t h day f a l l s a Sunday,
t h e sentence be c a r r i e d out on following day. The day
sentence is rendered s h a l l not be counted the
period,
90

4. A q u a d r i p a r t i t e of four military commanders,


one appointed by each Zone Commander, i s designated as t h e agency
responsible f o r t h e detention of a l l war who a r e
convicted and sentenced by t h e Tribunal a t t h e t r i a l held e i t h e r a t
o r a t t h e t r i a l s held o t h e r places pursuant t o
22 of t h e Charter of t h e Tribunal,
t h e execution of those sentenced t o death, and f o r t h e delivery
t o the i n Berlin of those upon whom sentences
have been passed by t h e Tribunal t h e t r i a l s before r e f e r r e d

The s a i d is responsible f o r the execution


o f any death sentences accordance with t h e of the
Tribunal and i s t o provide f u l l q u a d r i p a r t i t e p a r t i c i p a t i o n
in execution of such sentences.

Unless otherwise by t h e death sentence


c a r r i e d out without by means of hanging o r by
the w i t h i n the prison enclosure where t h e defendants
concerned were confined e t t h e of sentence, and t h e bodies of
t h e said defendants s h a l l be disposed of according t o t h e i n s t r u c t i o n s
of t h e s a i d

5 . The Berlin, is d i r e c t e d t o s e l e c t and


provide facilities, aundripartite
and supervision, within t h e of authority,
for e f f e c t u a t i n g prison sentences acaordance w i t h the Judgments
of t h e Tribunal. U n t i l such prison provided within
the o f the authority, and t r a n s f e r t h e r e t o is
effected, shall be a t the i n which t h e prisoners
were confined a t the of

The Directorate shall f o r t h e carrying


out of t h a t sentence passed by t h e Tribunal
t o Article and 28 of t h e s a i d Charter a t t h e said which
provides f o r the payment of fines by any ofthe Defendants,
confiscation of t h e i r property and f o r t h e disposal of such f i n e s
o r confiscated property i n accordance w i t h t h e d i r e c t i o n s of t h e
Control f o r the delivery t o t h e Control
of any s t o l e n property i n t h e possession o r control of any of the
Defendants of which by order of t h e Tribunal he been deprived,

I n case sentence of t h e Tribunal i s i n disagreement with


any provisions of t h i s the shall unless
otherwise by t h e Control

8, This Directive is e f f e c t i v e upon t h e date of signature.


s h a l l forthwith be i n a confidential manner only
t o the of Tribunal
Counsel f o r t h e Prosecution, t h e respective Zone the-
Allied and t h e Finance Directorate, who shall 'cake,
so f a r as each is concerned, t h e necessary measures to put
into effect,

Done BERLIN on t h e 7 t h of September, 2946.

46) 284 Final


Sept 1946

on the Sentences of , t h e I n t e r n a t i o n a l

The Control Council has approved a Directive on t h e sentences


of International Tribunal.

I n t h e Directive is said:

(a) Control Council decided t h a t all the


proceedings of trial shall be held a t the disposal t h e Legal.
Directorate of t h e Allied Control Authority.

(b) The Control Council d i r e c t e d t h a t if a p e t i t i o n f o r clemency


is f i l e d by a man t o death, t h i s p e t i t i o n i n order t o be
must be addressed t o the Control Council and lodged
with t h e S e c r e t a r i a t of t h e I n t e r n a t i o n a l Tribunal
four days from t h e d a t e on which sentence passed,

(c) Control appointed a Commission of


four Commanders, one from each zone, t o be responsible for
the execution of sentences of t h e I n t e r n a t i o n a l

(d) The Control Council. charged Directorate of Finance Lo


arrange f o r carrying out t h a t of any sentence which
f o r the disposal of t h e property the defendants.

In its meeting of Sept the Coordinating considered


Communique on the Directive on t h e Sentences
of t h e I n t e r n a t i o n a l The above
(Appendix to proposed by t h e Soviet Member
and agreed upon by the Coordinating C o d t t e e , is
Version
66

with of t h e to the
c o n f l i c t with to conflicts either
by c o n c i l i a t i o n or by to

IV

missions established by the


of or

of by
t r n i i o n of t h e or

(b) sufficiently in of
and

to of Unions
representatives

3. Tha of of
for years. They bo for .
if the of 2 of t h i s

of be
a by t h e of or
of for Tna
panels of suff pat
according t o t if ti
in
the Allied S e c r e t a r i a t

At i t s 40th Meeting on 20 August the Directorate


to t h e Coordinating t h a t t h e time
be Zone i n t h e night between the 5th
6th October 1946 a t The Directorate has s e n t
copies of this decision t o the Economic and Transport Directorates.

2. This is submitted consideration by t h e


Committee a t i t s 75th

G.

3, Consul General

Colonel

46 288

9 September

The considered
THE: MEETING:

agreed that t h e be changed to time


night between 6 7 Octobar at
COUNCIL
Report, of t h e on t h e Report of , t h e
o f , Coal
(Note by Allied

1, The at Seventy- sixth


considered t h e Report of Cormittee of
Coal
2. Coordinating agreed fallows:-

note report to *
Control t h a t it t o the Council of
Foreign

request Zone t o put i n t o effect t h e


recommendations contained i n the agreed r e p o r t and t o
a report t o t h e
C o d t t e e , To inform Control Council of t h i s
a c t i o n and t o t o thu Council t h a t
the Council of Foreign

t o note t h e of t h e and
the t h a t they be
t o t h e Council of

t o forward copies of the r e p o r t t o Economic,


and Finance f o r study and f o r
ion;

(E) to to
the principles of and t o report t o
the what of
if the various
Delegations, To t o the Council t h a t
tho Council of Foreign be informed t h a t efforts
being made t o obtain on allocation;

the Economic Directorate examine


concurrently formulate precise d e f i n i t i o n
of t h o of Occupying
report t h e i r conclusion t o
95

The above submitted f o r consideration of


t h e Control Council its on

K, , Brigadier
J,, Consul

H, Colonel

46

Control Council noted t h e Report of t h e


of Coal Experts
Coordinating Committee
i n s t r u c t e d : a ) t h e Committee of Coal t o submit p r a c t i c a l
proposals for allocation, and b) t h e Allied S e c r e t a r i a t t o forward
t o t h e Council of Foreign the following documents:
t h e Preliminary Report the of Coal Experts
2 ) t h e Coordinating Committee's report
and 3) t h e of the Control Council Meeting
Directive 36
,of Control Authority
Facilities

The Control Council d i r e c t s as follows:

An Interzonal F a c i l i t i e s Bureau is hereby established


by Control This o f f i c e be responsible
t o the Allied S e c r e t a r i a t , but the section be
to designated by i t s

2, function of t h e Interzonal F a c i l i t i e s Bureau the


Allied Control be:

a. To make f o r and deal


connected w i t h of of o r
persons under t h e j u r i s d i c t i o n of
forces of t h e four Allied

To take of connection With


through Germany of
o t h e r representatives.

To for
connected with interzonal of of t h e
t h e Control Council
organizations by t h e Control Council.
To with f o r permits by
i n accordance w i t h the conditions down
dated 10 well as
d i r e c t i v e s and which subsequently
be the Facilities
t o tine. This will exercise
aver t o t h e extent
of i t s is t o do so
by t h e power he

3. The F a c i l i t i e s Bureau w i l l consist of


of t h e four Allied The Secretariat
from t h e four one who is
for t h e work of t h i s q u a d r i p a r t i t e
office.
. -

97

4, The under which We Facilities


is t o function be down by Control

This replaces Directive


\

Done a t September

R.
General

Colonel General

,
Lieutenant
98

CONTROL COUNCIL

Supplement to Directive No, - Wage Policy


Tho Control Council d i r e c t s t h a t t h e following
added t o paragraph of Directive

of woman and minors be r a i s e d t o


same l e v e l as paid t o men f o r i d e n t i c a l work with
identical

certain i n d u s t r i e s can be increased O F


decreased i f necessary t o correct maladjustments
or eliminate i n e q u i t i e s , i n d u s t r i e s w i l l be
designated by t h e Allied Control Authority-who w i l l
also t h e limits of permissible deviation
from currsnt wage r a t e s , if necessary
fix a d a t e before which t h e r a t e s shall not become
e f f e c t i v e . Employers unions then
negotiate pew within aforesaid l i m i t s under
of appropriate authorities.
Copies of the new tariffs deposited w i t h the
Allied Control Authority w i t h i n days of t h e i r
becoming effective.

t o bring wages up t o 50 per hour w i l l


be permitted f o r workers who receive l e s s than t h a t
and whose a r e not adequately
by meals, lodging o r other perquisites, o r
not compensated by a cost of l i v i n g ,

Zone i n d u s t r i a l areas as
employed for purposes of control, where
by changes i n economic conditions.

i n the Orders t o ( e )-, -


of the present paragraph s h a l l be reported t o t h e Directorate,

Done BERLIN, on the 13th of September

Final
NOTE Allied S e c r e t a r i a t t o Final:
Directive No. was published t h e Control Council
t h i s Supplement will n o t be published t o t h e German
100

THE
that t h e Secretariat should inform
the Allied
that a Commission on should be created
each that these should
make a monthly report on r e s t i t u t i o n t o t h e Allied
i n the the
now by Zone Commanders;
that the should c o l l a t e the
reports ( a ) above t o t h e Allied
Control Authority;
that to No. 6
should be issued in Berlin, and t h a t t h e
in the declarations by t h e Germans should
be to of each nation
eligible for
101

by Allied S e c r e t a r i a t

i t s 22nd t h e Coordinating
Final and thereby placed the
t h e l i s t i n g of German w a r material
countrias External Property

2, The German
t o deal with a category of war material,
has requested t h a t r e s p o n s i b i l i t y be laid on three
The following is a relevant from
proposal:

desirable t o for
t h e p r i n c i p l e of between two
war in

i n the
country e
which located
property. This
been used
is t o a German
abroad. It w i l l disposition
other Law No, 5 of t h e
Control. Council.
u t i l i z e d by and brought i n t o a
n e u t r a l country by troops who retreated
into t h a t arid disarmed or
planes which, in
operations
to considered way
as w a r found Gemany during
i t w i l l be turned over
arid Powers e i t h e r f o r
or as has been
provided f o r paragraph 5,

t h e f i r s t instance, not having been


by the Army, r e t a i n s the character of goods
d e f i n i t i o n of assets as: described
i n Article of 5. been to
by Control the Commission
this
I n the second instance, t h e m a t e r i a l put into s e r v i c e
i n accordance with i t s m i l i t a r y purpose has l o s t t h e
character of merchandise acquired the s p e c i a l
character of used for purposes, which is
not in the sense of Law The should
not be declared on t h i s s u b j e c t , which i s the
r e s p o n s i b i l i t y of the Directorates :

3. 26 t h e Allied S e c r e t a r i a t requested t h e
t o consider t h e German Property
2 above), i n consultation with

i t s 34th on 16 August the Directorate


to
Directorates have agreed:

that the s e r v i c e
to
whether the
Property should r e l i e v e d of t h e
responsibility German war
countries, However, i n t h e i r
are n o t s u i t a b l e
to d i r e c t w i t h n e u t r a l countries
the of German w a r materials
therein.

(b) that t o the p r i n c i p l e o f


, between two categories of German w a r materials
n e u t r a l countrias (para 2 above), t h e s e r v i c e
d i r e c t o r a t e s believe such a d i v i s i o n might result
two o r agencies o f t h e Allied Control
Authority dealing with n e u t r a l on the
s u b j e c t of Such a condition would
be tory
that, on t h e terms of reference and primary
of the s e r v i c e d i r e c t o r a t e s , they
should a c t only i n an advisory capacity t o whatever
Committee designate,
the of w a r material
countries. However, they will n o t be
t o disposition
u n t i l such they have i n f o m a t i o n on t h e
quantity, type, condition of This'
has been requested and i s being
await
The requested t o give a
agency t o be held responsible f o r the l i s t i n g of
this

6, paper i s c i r c u l a t e d f o r consideration of the


Cormittee a t its

G, Brigadier

J, Consul. General

A. Colonel
Secretariat
OF IN
considered

THE

( instructed the Directorate, i n consultation


with t h e t h r o e Service Directorates,
to required i n f o m a t i o n from n e u t r a l
countries of
for Postage Stamps

(Mote by t h e Allied S e c r e t a r i a t )

1, .it on 28 August the


roved c e r t a i n of the
Directorate of Affairs and Communications concerning t h e
of period o f v a l i d i t y of the temporary
of stamps issued during 'the occupation,
4 (b) of Directorate
pointed o u t the d a t e of issue (sale) of the postage
be s e t u n t i l t h o designs submitted w i l l have been
accepted tho

2, on 4
of and approved t h e
five for uniform postage stamps f o r u s e i n
Zones of decided t o forward
them the
\

3. the French under i n s t r u c t i o n s of h i s


not for of
of zonal postage the peculiar t o the Zone

The D i r e c t o r a t e dacided t o Coordinating


Cormittee t h a t concerning t h e d a t e on which t h e
permanent uniform postage stamps, i f approved, would be brought
i n t o use i n the Soviet British Zones of Occupation,
he

5. The Coordinating i s requested t o approve the five


designs postage A complete s e t o f
five i n question is held by each National Element.

f o r consideration by t h e Coordinating
Committee a t i t s Seventy-Eighth

IS. Brigadier

J. Consul General,

Allied S e c r e t a r i a t ,
106
\ 18

s t i n g of 1946)
523. ANENT

t cons id ered 46)3

(a) t o approve f i v e designs for


permanent uniform postage stamps f o r .
use Soviet, U.S., and B r i t i s h
Zones of
to intrust t o the Affairs and
Communications Directorate t h e s e l e c t i o n
of date which t h e stamps should
be brought
CONTROL COUNCIL

Note by t h e Allied S e c r e t a r i a t

1. The Coordinating a t i t s Seventy-eighth


on September 1946, agreed t o submit t h e following r e p o r t t o t h e
Control Council.

2. The' Coordinating

t h a t t h e Control Council should give p r i o r i t y t o


consideration of f o r Clemency f i l e d by
the condemned t o death.

Control Council should hold a Special Meeting


as practicable r e c e i p t of
copies of t h e P e t i t i o n s , t h e Indictment and t h e
of tha and should summon t h e i r
to said or
t o give such a s s i s t a n c e be required of them.

t h a t the Press should not be allowed t o be present


a t t h e carrying out of t h e death sentences and t h a t
no photographs should be taken of t h e executions by
- any of those thereat.

t h a t , f o r t h e purpose of c r e a t i n g a record,
arrangements should be for taking o f f i c i a l
photographs of t h e bodies of t h e condemned men a f t e r
t h e i r execution which should be published only with
t h e a u t h o r i t y and under t h e conditions decided by
Control

t h a t the and c l a s s persons permitted


witness t h e execution should be by t h e
Q u a d r i p a r t i t e Commission and should include
experts t o c e r t i f y t h e due carrying out of
and t h a t t h e Q u a d r i p a r t i t e
should i s s u e an agreed
a f t e r t h e executions.
t h a t tho Commission of four .
referred
and ely .
i n paragraph 4 of t h e Directive

of t h e o f f i c e r s de members of the
r e f erred t o

- Brigadier
French -
- General
General

U.S. Brigadier General Roy

The of p r i o r of pleas of Clemency by


the Committee in order t o prepare for
t h e a c t i o n t o be by t h e Control Council was also discussed,
but Coordinating agreed t h e decision this
should be t h e Control Council i t s e l f ,

5. This r t p o r t is f o r tho c o n s i d t r a t i o n of t h e
Control Council its F o r t i e t h t o be h e l d on 20 September

J, Consul General

Allied Secretariat
t

46) 6 5

page
109

20 September

COUNCIL

(Meeting of

The considered

(a) approved paragraphs 2 3 of paper;

agreed t h o Control Council. s h o u l d


first instance t h e any pleas
for by S e c r e t a r i a t o f the
Int Tr
110

COORDINATING

Report of t h e Committee of Coal Experts on t h e P r i n c i p l e s


of Allocation of German Coal

(Note by t h e Allied S e c r e t a r i a t )

The t i n g Committee, a t i t s 76th


on considered t h e Preliminary Report of t h e
of Coal Experts on t h e t o increase Coal Production
and P r i n c i p l e s of Allocation of Coal,

(509) ( e ) of the agreed:


i n s t r u c t the of Coal Experts t o study again t h e
p r i n c i p l e s of a l l o c a t i o n and t o r e p o r t t o t h e Coordinating
Committee differences of p r i n c i p l e , i f any, e x i s t between
the various Delegations, To reconmend t o t h e Control Council
that Council of Foreign be informed t h a t
art; s t i l l being to agreement on

The Control. Council, a t i t s 39th on September 1946,


considered t h e the Committee on t h e
of of Goal and by
Conclusion (b) of agreed:
t h e Committee o f Coal Experts t o submit
proposals allocation t o i n paragraph 2 ( e ) of
to submission of t h i s

In accordance with the i n s t r u c t i o n s r e f e r r e d t o i n paras 1 and


2 t h e Committee of Coal Experts met on and 1 8 t h September
endeavoured t o reconcile t h e divergent views on the p r i n c i p l e s
of t h e of c o a l as s e t out i n t h e Special
of t h e 22nd of t h e Committee of Coal Experts a t Appendix
(1)P a r t ( i ) and (2) t o Appendix of

4. w a s reached a revised wording of t h e


of of t h e Appendices r e f e r r e d to.

5. para. 3 of the Appendices r e f e r r e d to, t h e f o u r


representatives effort t o arrive a t a which
would be t o a l l four delegations. progress
but unanimous agreement could n o t be reached on t h e
which r e l a t e d t o t h e a l l o c a t i o n of c o a l f o r German
industry.

t o a r r i v e a t a common text f o r t h i s paragraph,


the discarded compromise proposals and, a t
t h e suggestion of t h e representative, agreed t o r e v e r t t o t h e
of proposals previously submitted, The Committee
that these proposals the of p r i n c i p l e
more clearly. In addition t h e representatives made statements
defining t h e differences of p r i n c i p l e , These
are i n Appendix attached t o paper.

Tho two o r i g i n a l proposals on the p r i n c i p l e s allocation


of coal E (1) and (2) referred t o i n para. 3
have f o r been and a r e attached a t
t o t h i s paper. contains t h e revised
wording of para, 2 and out s i d e by s i d e t h e two versions of
3 as proposed by the B r i t i s h , French and representatives
on t h e hand, and by t h e Soviet representative on t h e o t h e r ,

view of t o reach agreement on the p r i n c i p l e s of


allocation of coal t h e Cormittee i s unable to submit p r a c t i c a l
f o r allocation it i n s t r u c t e d i n Conclusion
(b)
This i s submitted f o r t h a of the
Coordinating i t s 79th on September

J, . BAUD , General

Colonel

Allied

46

see 119

\
112

OF THE ALLOCATION

1. of reference approved by the Allied


Council t h e of Coal was i n s t r u c t e d study the
p r i n c i p l e s of c o a l a l l o c a t i o n t o which t h e coal produced-
should be d i s t r i b u t e d between i n t e r n a l consumption and
export.

2, the of t h i s study t h e term "export" shall include


s o l i d f u e l ( c o a l and coke.) exported o u t s i d e t h e boundaries of
Germany, including bunker coal supplied t o non-German
The and gas exported beyond t h e boundaries of
and t h e i n t h e generation thereof, s h a l l
given study relation t o the of c o a l as
between i n t e r n a l and export.

3 , B r i t i s h , French and Soviet. Proposal


Pr

Under t h e de t a i l e d examination,
agreement, t h e following t h e Committee of C o a l
p r i n c i p l e s should govern t h e considered it necessary
computation of t h e recommend f o r f u r t h e r use t h e
c o a l t o be r e t a i n e d following principles o f
to exported. of German ooal f o r
i n t e r n a l consumption export:.
German
of s o l i d fuel w i l l The necessary of c o a l
presented by zones, and t h e be l e f t i n G e r m y ; -
, r e s u l t i n g t o t a l s w i l l then be
for Germany a a) To assure t h e needs of t h e
whole and a occupying forces and
in With t h e as presented
presented. by t h e Zonal

b, s h a l l be NOTE: allocating solid f u e l


the needs the
occupying and a u t h o r i t i e s
s h a l l not regarded as p a r t
of German
nor as export.

of

f o r c e s shall n o t be regarded
as of internal
requirements nor as
to t o assure t h e requirements
industries the of industry, e l e c t r i c power
level. required: stations, and
a g r i c u l t u r e , basing t h e
to and operate c a l c u l a t i o n s on e x i s t i n g
t r a n sp o r t requirements of t h e s e
branches of industry f o r
to coal production each a l l o c a t i o n period,

to agricultural c) To assure t h e requirements


of public services( schools
h o s p i t a l s laundries,
to reduced and also t h e requirements
standard living of population
provided f o r t h e i n accordance with t h e
people under t h e P o t s d m of l i v i n g .

The' considers
( e ) t o produce goods required t h a t , i n calculating the
f o r export t o balance quantity of c o a l t o be
a l l o c a t e d t o export, regard
should be paid t o t h e
the urgent need of
q u a n t i t y of c o a l t o be a l l o c a t e d s u f f i c i e n t coal t o meet
t o export, should be paid t h e dependence of o t h e r
to the need of countries t h e s e exports,
sufficient coal t o the and t o t h e necessity of
dependency of o t h e r countries developing an export
on t h e s e exports and t o t h e program of a t least
of' developing an 45,000,000 for 1949,
of a t least provided c o a l production.
tons for Germany reaches
provided c o a l production
Germany reaches tons hard
coni equivalent. equivalent.

4. The d i s t r i b u t i o n e s t a b l i s h e d i n the of Industry Plan


tons production and 45,000,000 tons export
should accepted as to reached under t h e
principles by Committee.

The p r i n c i p l e s t o be adopted will be based t h e assumption t h a t


a steady and increase in German coal production w i l l
t h e i r application, Should t h i s assumption prove erroneous,
it w i l l bo t o reconsider t h e
the e f f e c t i v e implementation of principles agreed
upon i s d i r e c t l y dependent upon t h e accuracy of t h e calculation of
t h e a v a i l a b l e tonnage, i n the f u t u r e a31 a v a i l a b i l i t i e s a r e t o be
calculated on same basis f o r all zones, and i n hard
coal

7. For the successful application of t h e agreed principles of c o a l


a l l o c a t i o n , each zone s h a l l submit i t s production f o r e c a s t , tonnage
for requirement schedules and consumption
calculations t o be on basis f o r all

In order t o the recommendations which have been made


t h i s r e p o r t which intended t o stimulate t h e production of
coal i n a l l of i s imperative t h a t a l a r g e r
quantity of coal be made a v a i l a b l e t o those i n d u s t r i e s of Germany
contribute p a r t i c u l a r l y t o t h e needs of t h e Coal Industry.

is that:

a. of coal f o r
over a of to increased
production coal, p a r t i c u l a r l y i n those zones where production is
not increasing,
l e v e l of has been reached;
increase production and above t h i s l e v e l s h a l l be ,shared
between export i n rising proportion t o export, so 'that
when reaches tons, a t l e a s t
will t o export,

The above l e v e l of coal production and t h e r a t i o s


between i n t e r n a l consumption and export will be determined the
f i n a l report.
2 1 September 19/46 APPENDIX ,to
46)

Statement B r i t i s h , French Representatives

The French and representatives consider it


t o edhere t o t h e o r i g i n a l t r i p a r t i t e proposal f o r t h e
wording of para.3 f o r following reasons:-

It i s necessary t h a t t h e p r i n c i p l e s of a l l o c a t i o n should
with B (Economic of t h e Agreement,.
t h e l e v e l of Industry Plan f o r and t h e of
an whole.

was agreement between a l l f o u r delegations


t h e l e v e l of Industry Plan should be adopted f o r allocation
of c o a l i n it i s f e l t t h a t t h e a l l o c a t i o n of coal f o r t h e
period should be governed by Section B of t h e
and t h e i n d u s t r i a l r e l a t i o n s h i p s indicated i n t h e
of Plan.

' ( 2 ) Since a l l agreed on t h e


terns of paras. 6 B r i t i s h , French representatives
do not see the. p r i n c i p l e s t h e s e paras. can be put i n t o
on a b a s i s to four at the
a approach t o t h e l e v e l of
i n d u s t r i a l production as a. whole, which should be
adopted a s a of assessing needs and requirements.. They
cannot agree i n d u s t r i a l production should be
allowed t o agreed l i m i t a t i o n s , and
r e l a t i o n s h i p s being adopted, which should be those l a i d down

It i s recognized it i s necessary t o provide f o r t h e


continued and development of industry, but
it is f e l t t h a t t h e supply of t o industry
should not exceed i t s recognized needs within limits l a i d down
by t h e Allied Control Authority, such being necessary
t o the l i f e of a whole, .

( 3 ) It i s essential t o stipulate that fuel availabilities,


as should be by t h e Zones and t h e
t o t a l s considered f o r Germany whole. German coal resources
pooled f o r t h e purposes of a l l o c a t i o n , i f Germany i s
as an whole i n accordance with t h e provisions
of t h e Potsdm ,
t n a t a l l German coal production should be
taken. i n t o account when common plan of a l l o c a t i o n ,
British, French and representatives consider t h a t t h e
of a l l o c a t i o n concern t h e d i s t r i b u t i o n of a v a i l a b l e
any given period, and are n e i t h e r d i r e c t l y r e l a t e d
to, dependent on, a production plan,
Soviet Representative.

Soviet Representative has sought t o o b t a i n unanimous agree-


i n the of Coal on t h e p r i n c i p l e s of
of coal, but a l l h i s endeavours t h i s direction
have

The Soviet is ore to his


o r i g i n a l proposal, as E ( T I ) t o t h e Special
of of t h e of

(2) p r i n c i p l e s of of coal, as
bySoviet drawn up t o comply with
decisions of t h e are on t h e
consideration one whole, as regards both t h e
of coal. production its

U.S.British considering
one whole respect of t h e a l l o c a t i o n coal,
do not her as one whole respect of
of c o a l production, since they have r e j e c t e d the repeated
proposals of t h e Soviet f o r t h e establishment of
coal production for as a for zone
separately by agencies of t h e Allied Control Authority,

Thus, t h r e e Representatives evade considering as one


'whole i n respect of t h e b a s i c question of coal
production, on which, it may be added, depends t h e of coal,

( 4 ) The draws the fact


that production i s t h o b a s i s of c o a l a l l o c a t i o n , and t h a t
p r i n c i p l e s of determined by t h e production level
rea hcd.
(5) Soviet considers t h a t t h e attempts of t h e
British, French to upon t h e zones t h e
of a d e f i n i t e l e v e l of produotion by of a corresponding
of Such approach t o t h i s problem places
it beyond competence of of Coal Experts,
It of the Committee of Coal Experts t o work out
such principles of coal a l l o c a t i o n as would ensure coal supplies f o r
or' economy i n the zones t o t h e i r e x i s t i n g requirements
i n accordance with the volume of production f i x e d by
t h e Zone

Zone are responsible f o r tho of production


by the various i n d u s t r i e s , f o r conforming t h i s
t o the decisions of Control Council, and t h e
of Coal Experts must not the of t h i s o r
that of production t o the Zone

(6) Soviet t h e proposal


of representatives f o r t h e
allocation of coal i n and f o r t h e needs of
industry accordance with of industry f o r 1949
t o he both i n p r i n c i p l e and completely inapplicable

level f o r industry has been established


the f o r the before and i n t h e s e
years only Zone can the necessary
production consequently, coal. requirements

of consists
finding of a l l o c a t i o n which would the
by t h e various of economy of the tasks s e t
by

(7) Soviet representative, t o obtain a


decision, the proposal on the o n l y
( Appendix paragraph 3 ) concerning
the of coal supplies t o t h e branches of German economy:
period it i s to
quantity of coal f o r G e r m y i n order

it possible f o r industry t o
and t o i n particular, transport) .
gas production,
iron, s t e e l and production,
industries,

of the branches of and


economy will on basis of t h e fuel
permitted. by the Control
Authorities, as on t h e b a s i s of the established
level of
.,, . .
118

British Representatives agreed t o


t h i s proposal, but t o t h e objections of t h e French representa-
t i v e t h e Cormittee of Experts could n o t reach an agreement
t o bring t h i s disagreement before t h e Coordinating
f o r a decision,

this, B r i t i s h and representatives r e j e c t e d


this proposal reverted t o t h a i r i n i t i a l position.
, Soviet proposal covered e n t i r e l y sub-para a ) ,
( e ) of para 3 of t h e o r i g i n a l proposal of t h e
British, and French representatives and para 3 of t h e
o r i g i n a l Soviet thus t h e Committee of Coal
opportunity t o reach agreement on t h e
of a l l o c a t i o n of coal a whole,

of sub-para ( d ) of para of the


British, and proposal, it i s t h e opinion of t h e
Soviet this too scope, as
of t h e i n regard t o public
s e r v i c e s (schools , h o s p i t a l s ,

considers of para (c)


of his it
into 4
23 Scpt

instructed the S e c r e t a r i a t t o forward t o


Council of Foreign

with Appendix and


attached

of Coordinating
conclusions on
(
to a report; a record of i t s
Control Council f o r consideration
its next
CONTROL COUNCIL

Directive

OF CH OF OTHER
TO "THE, OF

The Control Council d i r e c t s

following l i m i t a t i o n s of t h e c h a r a c t e r i s t i c s of shipping
inland c r a f t s h a l l apply t o replacements for ships
t o tho economy, The Control Council w i l l
how f a r these l i m i t a t i o n s shall apply t o ships already

2. The shall not apply t o fishing or


pleasure c r a f t of the of whose
will be t h e of a separate d i r e c t i v e ,

3. (a) t o be to craft:-

t tics Passenger Mot o r


Boats Exceptions

knots 10 3.0 10 See (i)


Capacity of
lifting 2 2 2 2 2 Salvage and
working load lifting
(tons)

power 15 note ( i i )
)

ships fully 1.2 3 See note


loaded i n

Pilot c r a f t fire- fighting c r a f t w i l l conform t o t h e


prescribed f o r waterway c r a f t
except t h a t those gross r e g i s t e r e d tons shall
be permitted not 18 knots,
,
Ref r i g e r a t o r craft., dredgers, salvage c r a f t lifting c
and f l o a t i n g s h a l l not l i m i t e d w i t h respect
e l e c t r i c power,
121

( i i i ) Dredgers, f l o a t i n g cranes c r a f t end


s p e c i a l c r a f t f o r river c r a f t maintenance s h a l l not
be limited with freeboard,

(b) Limitations t o be applied t o Coastal

----
12 knots See (i)

of ion 2,000 at
speed

) 3
( 20 note
Gross tons 1,500 \

Ships of t roc ing


110 or in engines t turbines
be
t o be coal.'

Ships feet be permit t a d

NOTES : Pilot craft c r a f t will conform t o t h e


prescribed for c o a s t a l shipping except
that under 15 gross tons s h a l l be
a speed not excess of knots,

Refrigerator c r a f t , dredgers, craft ,. l i f t i n g


craft f l o a t i n g cranes s h a l l n o t be with
respect t o power.

4. Police,, craft
w i t h Control Council

5. a to is down Directive it shall


refer t o a ship f u l l y f u e l l e d , stored and provisioned for
but cargo, ,

The following are all

(a) and reinforcements lending themselves to the


of
of equipment, .
122

(b) i n s t a l l a t i o n s r e l a t i v e t o a i r c r a f t handling
derricks, ramp, workshops, catapult, e t c , )

( c ) S p e c i a l i n s t a l l a t i o n s permitting the on a beach


of personnel material

Special i n s t a l l a t i o n s permitting the u s e of the vessel


as a ship, base s h i p or r e p a i r ship, but c e r t a i n
of t h i s type f o r the a s s i s t a n c e of the f i s h i n g
be permitted i f s p e c i f i c a l l y authorized by the
Direct ora t e,

7. The of barges and of tugs of longitudinal


s t r u c t u r e for inland waterways, capable Lo open sea
i s prohibited.
'The d e s i g n and plans of all c r a f t t o be e i t h e r bought, chartered
or f o r the benefit of the peace shall be
approved Directorate of the Allied
they are

Research i n t o connected with s h i p design


and be s u b j e c t t o t h e Control Council Law on
c res h.

at on t h e 26th of

General
R.
de Division

Colonel General
D. CLAY
Lieutenant General

( Final)
.

on Advantages and Disadvantages


of J o i n t Meetings of t h e
Naval and Air Directorates 53 - 54
Terms of Reference o f t h e Combined

19 - 20

new items)

Constitution cf Berlin
of an
. . . . .. .. .
Courts and Trade Unions

to out
32
-
-
.
d e s t i t u t i o n i n Berlin .
Police
, .. . 99 - 100
-

Census t h e German Population - 18


Report o f Committee of Coal

. . .
Experts on t h e P r i n c i p l e s of
Coal -
of a
Experts . . .
Committee of

of t h e Coordinating Committee on
- 25
t h e Preliminary Report of the Committee
of Coal Experts . 94 - 95
Directive of a
Combined Services

Countries ..
Inventory o f German
.Combined.in .
Terms of of
Services Directorate ... . 61

Uniform Postage Stamps -


Limitation of t h e Period o f V a l i d i t y o f the
Temporary Uniform Postage Stamps
of

Frequency
.
Stamps Issued
. . ..
the

Procedure
-
58
( items)

C IC
and
of
. on . . 9
C of ion between Various
of the Control
and. the Allied Kommandatura, Berlin , . 19 - 20
of a Coal Committee of
Q u a l i f i e d Experts , . - 25
Berlin Courts Trade Unions -
- of t h e Inter-
national Military Tribunal * . . . - 91

Financing of Registry of
S e c u r i t y Suspect: .. 3 -4

(No items)

CF see

ILIT
t o Crder - Confiscation of
L i t e r a t u r e ant!

Directive -
Nature .. . ..of a Nazi

Revision o f of
Directive on t h e Liquidation of
German and

Law -
. . ,
Dissolution of t h e Wehrmacht 63 -
t o Crder -
Confiscation of
L i t e r a t u r e and

Directive
Mature
-
. of a
. and

Revision of Article
.. 52

Directive on the Liquidation


of German
and , ..and
...
126
Pages

Directive - of
Directive on the Liquidation
of German and Nazi
and
Directive -. .of .Ships
. . of. . . . .
Left a t the
10

Disposal of Germany ......


- Establishment o f a
59 -
Services Directorate
-
...
Sentences of t h e Inter-
national
Directive -
....
Tribunal
Establishment of an
89 -
Control Interzonal
F a c i l i t i e s Bureau
- .......
Limitation of
- 97
C h a r a c t e r i s t i c s of Ships o t h e r than
Fishing
Peace
Supplement t o Directive
of .- . . . 98
Craft L e f t t o t h e

Policy
120 - 122

new items)

new items)

it ems

ICY
Additional of t h e of Coal
on t h e
German Coal ........
- Limitation o f
of
.
of Ships o t h e r than

of
of a Coal
.....
and Pleasure Craft L e f t t o the
.
....... of

of t h e Interim Export-
.
. . . . . . . . .
o f t h e Coordinating Committee on
.

Experts . . . . ..
Preliminary Report of t h e
94. 95
(No items)

Financing of t h e Central Registry o f


Security Suspects
I n t e r p r e t a t i o n of t h e I n t e r i m
.. -
Second
Import Pian . . ..
on Financing t h e
- 86
of
Located in United Nations T e r r i t o r y .
and C bnoxious Germans
5 -6

INSTITUTE
Control o f t h e
. Hydrographic. . . 61
. 128
Pages

national
on t h e

-
Tribunal . . . . 92
of the Inter-

national
by
. . on. . - 91
of t h e I n t e r -

of Connection with
of t h e of t h e
Tribunal by t h e

.......
Council and t h e Execution of
107 -

of between Various
and
of t h e Control Authority
Berlin . -
out
of 0
i n Berlin ....
t o Carry
99 - 100
of
.
of Prohibited L i t e r a t u r e
-- 68
52
of Decision Forbidding Judges
Prosecutors t o Trade Unions. 83
Berlin Trade Unions 77
- Employment o f
-
and Reconstruction . 9
i n Labor Conflicts . .
and Arbitration
65 - 69
-
Policy . . .. . .
Supplement t o Directive
98

Police and
P o l i t i c a l Nature ... .
of a
-
-
.
of Women on Building
-
I
-
Census of t h e German Population
Dissolution
Conciliation and Arbitration
. 63 -
i n Labor Conflicts

(No new

t o Crder . ... 52

with .. concerning
. .
Inconsistent
68

Hours
of
.. .
.. .. -
Revision of A r t i c l e I V of Directive

Policy .
Supplement t o
, . .
- 62

101 -

- Confiscation \

of L i t e r a t u r e and
..
of

_-
of t h e Soviet of the

and 1209
on
P l a n t s Declared
. .
for
detained i n . ..
o r t o be
- Police
Law
of a
of
. .
Bureaus and Agencies

B e r l i n Police
, 1
70
-2
72
L IT
Inventory of German in
Countries , . .
items)

,
on t h e
Coal
a Coal Committee
. of
119
- 25
for
of
. .
the
..
o r 'to be Retained

Committee on
- 29
the o t the
of . . - 95
of
of t h e
Property ..
i n the

of
of
. . i.n , -
of
. .....
Plants
101 -

in
or

I n s t r u c t i o n s concerning
... ..
be
28 - 29
by
Cbjccts of
or Property of
. -8
IC
to Time in Germany
- Census of the German
Law
Population
-
.......... .
. . . . .. .. 3265 --.69
Law and Arbitration
Machinery Labor Conflicts
Constitution of
of t h e Police 70

ITY
on t h e Sentences of
Military . .I n t.e r -. .
(No new items)

. . . 55 -
items)

F
on Financing t h e
of Germans
i n United Nations Territory . . -6
(No

........... -
of

I n t e r p r e t a t i o n of t h e
Export-

of
., ...
of Reparations
of t h e S o v i e t Member of
.......
Directorate
and
Plants

Plants Declared Available


for
. . . . . . . . . . .
o r t o be Retained
.29
to Item
t o the Soviet Union .... 26 .
items)

Report on Financing t h e Repatriation


German
in
and
Nations T e r r i t o r y . 5 -6
an
out R e s t i t u t i o n i n Berlin
to

I n s t r u c t i o n s concerning
...
Gbjccts of a Unique Character . . -8
items)

- Limit
.
Shipping Tonnage L e f t
49
or'
. -
. . . . . . 59
a t t h o Disposal of
- 60
of C h a r a c t e r i s t i c s
of Ships o t h e r Fishing and Pleasure
to
. .. . Pence Economy of
120 -

.
of
.. Uniform Postage
Period of of
-
Uniform Stamps
of
.
Stamps Issued during t h e
. .. -
Snipping Tonnage L e f t t o 49
Directive - of

Disposal Germany .
of Ships Left a t

of
59 -
Control
Bureau .. . .
Limitation of
97
C te t i c s of Ships o t h e r than
Fishing and Pleasure to the
Economy of Germany 120 122
(No new
5

on t h e Sentences
Tribunal .
Tribunal. . .
Sentences of t h e Inter-
89 -
Financing of t h e Central

deport by t h e Coordinating
Suspects
of
..
on
3 - k
of i n Connection with
t h e Considoration of t h e of
the by
t h e Control Council
. of condemned . ...
t h e Execution

of
... ..
R (No new items)

CF
Spec t e em e ment
by
of Unique . .
Property of
8

of
, .. . . .. .
of

63
Keeping of

of
. . . .. ..
or Export-
*
5.2
-
of Control .. for

to
. ......
Labor
.

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