740.00119 Control (Germany)/5–2649: Telegram

The Acting Secretary of State to the Acting United States Political Adviser for Germany (Riddleberger)

top secret

624.1 Reurtel 819 May 25 rptd Paris as 325.2

Dept’s position paper3 states minimum position 25 trains from West zones to Berlin. It recognizes impracticability of attempting minimum figure for road and water, and possibility that Sovs might hamper road and water traffic to point of eliminating or greatly reducing usefulness. Accordingly, Dept’s dependence upon rail based on possible need to carry all cargo and passengers to and from Berlin by rail plus air.

Dept modifying position paper to provide additional rail access via Gerstungen, Probstzella,. Buchen, and Oebisfelde. Paris pls note on position paper.

Dept agrees that original position shld be based upon denial of Sovs rights to inspect rail and water freight on basis that Sov interest limited to ensuring goods in transit are not diverted en route and that sealing of cargoes wld accomplish that objective. In view of your observations, Dept’s position paper shld not be explicit on roads and if question raised, USDel shld agree Sovs right to check unsealed trucks to verify cargoes in accord with documentation. (Trucks could then be sealed wherever feasible.)

Dept not convinced however that USDel could maintain an absolute minimum position that Sovs could not inspect cargoes of Ger traffic to ensure in accord with documentation. Minimum, position therefore shld state that inspections shld be such as not unduly to delay traffic concerned. Dept recognizes possible dangers this position but would not like to have position paper so rigid as to rule out possibility. Paris pls note on position paper.

Dept feels that history of problems on access to Berlin justifies its insistence on use of Western locomotives and crews regardless of normal internatl usage and agrees with your recommendation on obtaining right to control shuntage and distribution of cars in West sectors and requests Paris to add this to original and minimum positions.
Note your comments on ACA directive 43 as amended, and directive 49 as being “generally observed” by Sovs.4 These directives relate to 15 day passes subject to 15 day extension which, as you state, can be issued to Gers by Allied Commander of zone of residence. If Western powers are to depend upon this provision it wld probably be better not to raise matter at CFM. However, Dept doubts desirability dependence upon ACA directive of 1946, as amended, 1947 and believes special problems of Western Berlin justify USDel asking specific provisions for Gers from Western zones and Western sectors without reference to Sov zone or Soy sector Berlin. Recognize that raising this issue in this manner wld be further indication lack of confidence in past agreements. Accordingly Dept prefers leave matter up to USDel, in light of negots, whether strict agreement as favored by Dept shld be insisted upon or whether matter shld not be raised thus placing dependence on earlier quadripartite agreements. Paris pls note on position paper.
Dept strongly feels “normally” shld not be stated. If Sov del raises issue of emergency inspections of suspicious vehicles it is suggested that USDel ask Sov for suggested wording which wld allow [Page 801] such emergency inspections without opening door to delaying tactics, special inspections, etc. throughout Sov zone. In any event, agreement shld make clear that development of frequent delaying inspections throughout Sov zone wld be violation of agreement.
  1. Repeated to Paris as Secdel 1606.
  2. Supra.
  3. Not printed.
  4. For the texts of ACA Directives 43 (October 30, 1946) and 49 (April 23, 1947), see the Official Gazette of the Control Council for Germany, October 31, 1946, pp. 215–220, and May 31, 1947, p. 274.