Foreign Relations of the United States, 1969–1976, Volume XL, Germany and Berlin, 1969–1972

322. Telegram From the Department of State to the Mission in Berlin¹

Washington, August 26, 1971, 2021Z.

157008. Subject: Berlin Agreement—Textual Review.

Following is revised text of State 156618² and replaces it and is now confirmed as your instruction.

1. In reviewing the text agreed Ad Referendum by the Ambassadors on August 23 the Department finds Para 4 of Part I ambiguous in its wording and desires that an effort be made to clarify its meaning through revision during the current textual review.

2. In our view the paragraph is intended to mean in effect that this agreement will be complied with and no changes can be made except by unanimous consent. An alternative wording would be “The four governments agree that, irrespective of the differences in legal views, this agreement, as set forth herein, as well as other agreements referred to in this agreement, will not be changed unilaterally.” We are also prepared to drop the entire paragraph because a number of the thoughts in it repeat phrases from the preamble.

3. Please report urgently the Soviet response. The Secretary has discussed this matter with Ambassador Rush.

Rogers

1. Source: National Archives, RG 59, Central Files 1970–73, POL 38–6. Confidential; Immediate; Exdis. Drafted by Sutterlin; cleared by Hillenbrand, Eliot, Brower, and Haig; and approved by Rogers. Repeated to Bonn.
2. In telegram 156618 to Berlin, August 25, the Department instructed the Mission to seek several changes in the text of the agreement, including the exact language contained in paragraph 2 of the telegram printed here. The telegram, however, was not cleared with the White House. (Ibid.) In telegram 156694 to Berlin, August 26, the Department instructed the Mission to take no action pending receipt of further instructions. (Ibid.) Kissinger reported to Nixon by telephone at noon on August 26: “Rogers is withdrawing his cable he was going to send last night on Berlin.” (Library of Congress, Manuscript Division, Kissinger Papers, Box 369, Telephone Conversations, Chronological File)