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

173. Telegram From the Embassy in Germany to the Department of State¹

Bonn, February 4, 1971, 1955Z.

1381. Subj: Berlin Negotiations: Draft Agreement. Ref: State 19134.²

Following is text of latest revised draft of a possible Berlin agreement agreed in Bonn Group February 4 for further reference to governments.³ Comment on individual points in septel.⁴

Begin text. Quadripartite Agreement.

The Ambassadors of the French Republic, USSR, United Kingdom of Great Britain and Northern Ireland and the United States of America held a series of meetings from 26 March 1970 to (blank) in the building formerly occupied by the Allied Control Council in Berlin on the basis of instructions from their respective governments to seek improvements in and around Berlin. The Ambassadors proceeded on the basis of the rights and responsibilities which their governments have as a result of the outcome of the Second World War, as reflected in wartime and post war agreements and decisions reached between them relating to Berlin, which remain unaffected.

Desiring, without prejudice to the legal positions of their governments to achieve practical improvements consistent with the wishes of the inhabitants, the Ambassadors at the conclusion of their discussions recorded the agreement of the four governments on the provisions set forth below:

Part I—General Provisions

1. The Four Powers will strive to avoid tension and to prevent complications in and around Berlin.

2. The Four Powers will be guided by the purposes and principles embodied in the Charter of the United Nations. In accordance with Article 2 thereof, they will settle their disputes by peaceful means and refrain from the threat or use of force.

3. The Four Powers will mutually respect their individual and joint rights and responsibilities.

Part II—Provisions Relating to the Western Sectors of Berlin

A. Civilian access on surface routes

1. Surface traffic by road, rail and waterways between the Western sectors and the Federal Republic of Germany for all persons and goods shall be unhindered and on a preferential basis.

2. Complications on the routes utilized by such traffic shall be avoided and the movement of all persons and goods shall be facilitated.

3. The movement of all persons and goods between the Western sectors and the Federal Republic of Germany on the routes utilized by such traffic shall take place upon identification only except as provided for in Annex I, paras 1 and 2, and the procedures applied shall not involve any delay.

4. In order to deal quickly and effectively with any hindrances, complications or delays in such movement, arrangements will be maintained for consultation in Berlin between representatives of the Four Powers.

5. Detailed arrangements concerning civilian access on surface routes are set forth in Annex I. Measures to implement them will be agreed between the appropriate German authorities.

B. Communication within the city and its environs

1. Communication within the city and its environs shall be improved.

A. Permanent residents of the Western sectors shall be able to visit and travel in the rest of the city under conditions no more restrictive than those existing at present for permanent residents of the Federal Republic of Germany.

B. Additional crossing points to the rest of the city, including U-Bahn stations, will be opened as needed.

C. Telephonic, telegraphic and other communications of the Western sectors with the rest of the city and its environs will be expanded.

D. Detailed arrangements concerning communication within the city and its environs are set forth in Annex II. Measures to implement them will be taken by the appropriate German authorities.

2. Problems of small areas which form part of the Western sectors but which are separated from them or which are difficult to reach, in particular Steinstuecken, shall be solved by exchange of territory.

C. Relationship with the Federal Republic of Germany

The relationship between the Western sectors and the Federal Republic of Germany as described in Annex III, shall be respected.

Part III—Final Provisions

1. The four governments agree to respect the arrangements set forth in the attached Annexes and not to hinder measures implementing them.

2. The attached Annexes constitute an integral part of this agreement.

3. This agreement will enter into force on the date specified in a final quadripartite agreement which will be concluded when the four Ambassadors have confirmed that the measures envisaged in part II, section A(5) and section B(1)(D) are ready to be applied.

For the French Republic

For the Union of Soviet Socialist Republics

For the United Kingdom of Great Britain and Northern Ireland

For the United States of America

ANNEX I

(Draft of written Soviet communication to the three Allied Ambassadors)

The Government of the USSR, with reference to part II, section A(5) of the quadripartite agreement of this date, and after consultation thereon within the Government of the German Republic, has the honor to bring to the attention of the Governments of the French Republic, the United Kingdom and the United States of America the following arrangements concerning civilian access on surface routes:

1. Conveyances carrying goods on surface access routes between the Western sectors of Berlin and the Federal Republic of Germany which are sealed by the respective local authorities before departure from one of these areas may move to the other area without control other than inspection of the seals.

2. Through passenger trains and buses between the Western sectors of Berlin and the Federal Republic of Germany may move from one of these areas to the other area without control.

3. Persons identified as through travelers using individual vehicles between the Western sectors of Berlin and the Federal Republic of Germany on designated roads will not be subject to search, baggage check or payment of individual tolls and fees. Such travelers will, by appropriate means, be distinguished from other travelers.

4. Increased facilities and installations necessary for rapid, convenient and adequate means of movement for all goods and persons between the Federal Republic of Germany and the Western sectors of Berlin will be made available. Such facilities and installations will be improved in conformity with growing transport needs and developments in transport technology.

5. The German Democratic Republic will expect to receive from the FRG an appropriate compensation for the costs related to surface traffic between the Western sectors and the FRG in the form of an annual lump sum to be agreed between their authorities.

6. Measures to implement the above arrangements will be worked out by the appropriate authorities of the German Democratic Republic and the Federal Republic of Germany in accordance with part II (A) (5) of the quadripartite agreement.

(Signature)

(Date)

ANNEX II

(Draft of written Soviet communication to the three Allied Ambassadors)

The Government of the USSR, with the reference to part II, section B (1) (D) of the quadripartite agreement of this date, and after consultation thereon with the Government of the German Democratic Republic, has the honor to bring to the attention of the Governments of the French Republic, the United Kingdom and the United States of America the following detailed arrangements concerning communication within the city and its environs.

1. Permanent residents of the Western sectors will be able to visit the environs of the city for compassionate, family, religious or cultural reasons, or as tourists.

2. The Western end of the Teltow Canal will be opened to navigation.

3. Measures implementing the above arrangements will be worked out by the appropriate German authorities in accordance with part II, section B (1) (D) of the quadripartite agreement.

(Signature)

(Date)

ANNEX III

(Draft of written Allied communication to Soviet Ambassador)

The Governments of the French Republic, United Kingdom and the United States of America, with reference to part II, section C of the quadripartite agreement of this date and after consultation thereon with the Government of the Federal Republic of Germany, have the honor to bring to the attention of the Government of the USSR the following concerning the relationship between the Western sectors of Berlin and the Federal Republic of Germany:

1. In the exercise of their supreme authority, the three governments determine the nature and the extent of the relationship between the Western sectors and the Federal Republic of Germany. They approve special ties between their sectors and the Federal Republic of Germany.

2. They state that the Western sectors are not to be regarded as a Land of the Federal Republic of Germany and are not governed by it. The provisions of the Basic Law of the Federal Republic of Germany and the constitution of Berlin which indicate to the contrary have been suspended and remain suspended by the three governments.

3. Constitutional organs of the Federal Republic: The Federal President, the Federal Chancellor, the Federal Cabinet, and the Bundestag and Bundesrat in plenary session, will not perform official constitutional acts in the Western sectors. The Bundesversammlung will not be held in the Western sectors.

4. The Government of the Federal Republic of Germany maintains liaison offices with the French, British, and United States authorities and with the Senat. These offices are subordinate to the Federal Plenipotentiary, who represents the Federal Republic of Germany to these authorities and the Senat.

5. In exercise of and without prejudice to their supreme authority, the three governments have authorized the Federal Republic of Germany to ensure the representation abroad of the Western sectors and their inhabitants. Such representation includes inter alia:

A) Consular matters and the issue to German residents of the Western sectors of Federal German passports under the authority of the three governments and stamped to that effect;

B) Inclusion of the Western sectors in international agreements and engagements of the Federal Republic of Germany as authorized by the three governments.

6. The three governments decide on permitting the holding in their sectors of meetings of international organizations and conferences as well as exhibitions with international participation, for which invitations are issued by the Federal Republic of Germany in agreement with the Senat. Permanent residents of the Western sectors may participate in Federal German organizations and associations and in the international exchanges arranged by them.

(Signatures)

(Date)

FINAL QUADRIPARTITE AGREEMENT

The Ambassadors of the French Republic, the USSR, UK, and USA, met on (blank) in the building formerly occupied by the Allied Control Council in Berlin.

In the exercise of the rights and responsibilities referred to in the preamble of the quadripartite agreement of (blank), the Ambassadors took note with approval of the (insert appropriate references to measures by or agreed between the German authorities). Pursuant to the provisions of that quadripartite agreement, they determined that the measures provided for in the instruments of (blank) correspond to the provisions of that quadripartite agreement. Texts of these instruments are annexed to this final agreement.

The Ambassadors recorded the agreement of their governments that the carrying out of the measures described in the instruments annexed to this final agreement is essential to the implementation of the provisions of the quadripartite agreement of (blank) and will see to it that these measures are applied.

This final quadripartite agreement and the quadripartite agreement of (blank), which do not affect previously concluded Four Power agreements or decisions, will enter into force on (blank).

For the French Republic

For the USSR

For the United Kingdom of Great Britain and Northern Ireland

For the United States of America

Rush

1. Source: National Archives, RG 59, Central Files 1970–73, POL 28 GER B. Secret; Immediate; Limdis. Repeated to Berlin, London, Paris, and Moscow. In a February 4 memorandum forwarding the text of the telegram to Kissinger and Haig, Sonnenfeldt commented: “The basic choice we have to make is whether a partial recognition, in writing, by the Soviets of our conception of our rights is better than none at all—the present situation. If we judge that it is worse we had better get out of the talks now. In practice of course the Soviets are likely to laugh this draft out of court precisely because it would require them to recognize Western actions as a matter of right which in the past they have acquiesced in (when they were not harassing) but have never underwritten in legal form. On the contrary, it is their position that no such rights exist. In addition, the draft requires them to accept, in writing, responsibilities they have never accepted before.” (Ibid., Nixon Presidential Materials, NSC Files, Kissinger Office Files, Box 58, Country Files, Europe, Berlin, Vol. 1)
2. In telegram 19134 to Bonn, February 4, the Department instructed the Embassy to seek some last-minute revisions to the draft agreement. (Ibid., RG 59, Central Files 1970–73, POL 28 GER B)
3. In telegram 19705 to Bonn and Berlin, February 4, the Department approved the decision to table the draft agreement at the advisers’ meeting on February 5. (Ibid.)
4. In telegram 1382 from Bonn, February 4, the Embassy forward a detailed account of the discussion in the Bonn Group that day on the draft agreement. (Ibid.) In a February 5 memorandum to Kissinger, Sonnenfeldt reported that, at the advisers’ meeting earlier that day in Berlin, “the Soviets did nothing more than receive the Western draft with a few potshots, keeping all options open. Since it could not have been ruled out that the Soviets would have flatly rejected the draft, their reception could be termed positive. We can expect Abrasimov to attack the draft more systematically on February 8 and probably present a Soviet counter-draft. The SRG meeting scheduled for February 10 should be quite timely.” (Ibid., Nixon Presidential Materials, NSC Files, Kissinger Office Files, Box 58, Country Files, Europe, Berlin, Vol. 1)