Page:United States Statutes at Large Volume 63 Part 3.djvu/514

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [63 STAT. manner as to reduce to a minimum the need for external assistance to Germany; (i) control of the care and treatment in German prisons of persons charged before or sentenced by the courts or tribunals of the occu- pying powers or occupation authorities; over the carrying out of sentences imposed on them; and over questions of amnesty, pardon or release in relation to them. 3. It is the hope and expectation of the Governments of France, the United States and the United Kingdom that the occupation authorities will not have occasion to take action in fields other than those specifically reserved above. The occupation authorities, how- ever, reserve the right, acting under instructions of their Govern- ments, to resume, in whole or in part, the exercise of full authority if they consider that to do so is essential to security or to preserve democratic government in Germany or in pursuance of the interna- tional obligations of their governments. Before so doing, they will formally advise the appropriate German authorities of their decision and of the reasons therefor. itnreservcedonefi 4. The German Federal Government and the governments of the Laender shall have the power, after due notification to the occupation authorities, to legislate and act in the fields reserved to these authori- ties, except as the occupation authorities otherwise specifically direct, or as such legislation or action would be inconsistent with decisions or actions taken by the occupation authorities themselves. BsicLa;ment feg 5. Any amendment of the Basic Law will require the express ap- proval of the occupation authorities before becoming effective. Land constitutions, amendments thereof, all other legislation, and any agreements made between the Federal State and foreign governments, will become effective twenty-one days after its official receipt by the occupation authorities unless previously disapproved by them, pro- visionally or finally. The occupation authorities will not disapprove legislation unless in their opinion it is inconsistent with the Basic Law, a Land Constitution, legislation or other directives of the occu- pation authorities themselves or the provisions of this Instrument, or unless it constitutes a grave threat to the basic purposes of the occupation. Protection of civil ri gbts 6. Subject only to the requirements of their security, the occupa- tion authorities guarantee that all agencies of the occupation will respect the civil rights of every person to be protected against arbi- trary arrest, search or seizure; to be represented by counsel; to be admitted to bail as circumstances warrant; to communicate with relatives; and to have a fair and prompt trial. pr1't onenacted 7. Legislation of the occupation authorities enacted before the effective date of the Basic Law shall remain in force until repealed or amended by the occupation authorities in accordance with the fol- lowing provisions: (a) legislation inconsistent with the foregoing will be repealed or amended to make it consistent herewith; 2820

�