201. Letter From the Soviet Ambassador (Dobrynin) to the President’s Assistant for
National Security Affairs (Kissinger)1
Washington, March 18, 1971.
Henry,
I am instructed to convey to you for the President the Soviet formulations of
a possible Four Power agreement on West Berlin.
I would like to point out that the suggested formulations take into account
the considerations transmitted through you as well as the exchange of
opinion at the Four Power talks.
We hope that the American side will duly appreciate the desire of the Soviet
Union to achieve a breakthrough in the principal questions by giving
favorable examination to the considerations and formulations transmitted by
President Nixon.
It is expected that the Soviet proposals will receive objective and favorable
attitude.
If, in the opinion of the American side, the Soviet proposals could form a
basis for further Four Power talks and for drawing up final formulations,
the Soviet Union could officially table them on its behalf at the Four Power
talks.
If the reply of the American side could be received promptly, the Soviet side
could then submit the above mentioned draft for consideration already at the
next meeting of the Ambassadors.
P.S. I hope to receive an answer on Monday.2
[Page 593]
Attachment
Draft Agreement3
The Governments of the USSR, France,
Great Britain and the USA
on the basis of the agreements and decisions, jointly undertaken by them
in wartime and postwar time, which are unaffected,
proceeding from the results of the Second World War, as reflected in the
quadripartite agreements and decisions, and taking into account the
existing situation,
guided by the desire to facilitate elimination of tension and prevention
of complications in relations between the four powers as well as between
other parties concerned, and with this aim in mind to facilitate
practical improvement of the situation,
have agreed upon the following:
Part I. General Provisions.
- 1.
- The four powers are unanimous in that in the area, the situation
in which was under consideration at the negotiations of their
respective representatives, it is necessary to ensure compliance
with the Charter of the United Nations and to exclude the use or
threat of force.
- 2.
- They will mutually respect the individual and joint rights and
responsibilities of each other, which remain unchanged, and will
settle their disputes only by peaceful means.
- 3.
- The four powers are unanimous in that the status existing in that
area, notwithstanding existing viewpoints on politico-legal
questions, must not be unilaterally changed. There should be avoided
everything that in accordance with generally accepted norms of
international law would be equivalent to interference into internal
affairs of others or could violate public security and order.
Part II. Provisions, Relating to Berlin /West/.
- 1.
- Berlin /West/ is not part of the Federal Republic of Germany and
is not governed by it. The provisions of the Basic Law of the FRG and of the city constitution of
Berlin /West/ which are not in accord with the above, are invalid.
The relationships between Berlin /West/ and the Federal Republic of
Germany must not be in contradiction with this. They will be formed
in accordance with the provisions, set forth in the letter by the
Governments of the three powers to the Government of the USSR /Annex I/.
- 2.
- It is necessary to facilitate maintaining and developing wide ties
and contacts of Berlin /West/ with abroad in economic, scientific,
technological, cultural and other peaceful fields. This presupposes,
in particular, that agreements will be concluded between competent
authorities on civilian transit to and from Berlin /West/, so that
transit be implemented on the basis of common international norms
and without delays, as set forth in the letter by the Government of
the USSR to the Governments of the
three powers /Annex II/.
- 3.
- It is stipulated that permanent residents of Berlin /West/ will be
able to travel to the GDR for
humanitarian, family, religious, cultural reasons and as tourists
after necessary arrangements on this question, alongside with the
questions of communications and of exchange of border areas, have
been reached between competent German authorities, as provided for
in Annex III.
- 4.
- The questions of representation of the interests of Berlin /West/
abroad will be settled in accordance with Annex IV.
- 5.
- The Soviet interests in Berlin /West/ will be respected.
Appropriate provisions are set forth in Annex V.
Part III. Final Provisions.
This agreement will enter into force when arrangements and measures
provided for in Annexes I, II, III, IV and V, are agreed upon between
the competent parties.
ANNEX I
Draft
Letter by the Three Powers to the Soviet Union
The Governments of France, Great Britain and the USA have the honor to bring hereby the following to the
attention of the Government of the USSR:
- 1.
- In the exercise of their competence in Berlin /West/ the three
powers state, that
- the Federal President,
- the Federal Government,
- the Bundestag and Bundesrat, as well as their committees
and factions,
- the Bundesversammlung,
- other Federal or land state institutions of the FRG shall not perform in Berlin
/West/ any official acts or other actions, which would mean
extension of their authority to Berlin /West/ or
interference in its affairs or use of the territory of
Berlin /West/ against the interests of other states. From
this will proceed also the officials of the FRG when they stay in Berlin
/West/.
- 2.
- Ties between Berlin /West/ and the Federal Republic of Germany,
including those of non-state nature, will be maintained in
accordance with the fact that Berlin /West/ is not part of the
FRG and may not be governed by
it. Federal congresses and conventions of parties and organizations
of the FRG will not be held in
Berlin /West/.
- 3.
- Interests of the Federal Republic of Germany will be represented
before the Senate of Berlin /West/ and the three powers by a liason
organ, the activity of which shall be in accord with paragraphs I
and 2.
- 4.
- The Governments of France, Great Britain and the USA will see to it, within the sphere
of their competence, that regulations on questions of
demilitarization be implemented.
- 5.
- Necessary measures will be implemented so as not to permit, within
the sphere of the competence of the three powers, neo-Nazi and any
such activity, which may cause violation of public order or tension
in this area.
ANNEX II
Draft
Communication by the Government of the USSR to the Governments of France,
Great Britain and the USA
The Government of the USSR on the basis
of consultations with the Government of the GDR and with the consent of the latter, expressed in the
statement dated…, has the honor to bring to the attention of the
Governments of France, Great Britain and the USA, that the Government of the GDR:
- 1.
- Is prepared to reach agreement with the parties concerned on
transit to and from Berlin /West/ of civilians and goods, which
would be implemented on the basis of common international norms
and without delays;
- 2.
- Agrees that this movement by autoroads, railways as well as by
waterways proceed in a most simple and expedient manner
possible;
- 3.
- Agrees that in transit communications to and from Berlin
/West/ procedures, common in international practice, be applied
with regard to processing documents /identification/ and to
control. In their turn transit passengers and persons
accompanying goods will have to respect public order and laws in
force on the territory of the GDR;
- 4.
- Is prepared to come to agreement that in transit of civilian
goods sealed conveyances be used. The sealing would be performed
by the senders and the checking procedure would be carried out,
as a rule, through consignments. The GDR authorities, in accordance with common
international norms, may, if necessary, examine the goods and
see that they correspond to the invoices;
- 5.
- Would be able to agree that payments for using communication
routes of the Republic for transit to and from Berlin /West/
were in [Page 596] the form of a
lump sum paid a year in advance calculated on the basis of
actual volume of conveyance for the previous year. The payments
received should fully compensate the costs incurred by the
GDR in connection with
transit to and from Berlin /West/, including costs to maintain
the communication routes in due state;
- 6.
- Declares its readiness to settle complications relating to
transit, if they occur, by consultations between the sides which
concluded the agreements on practical measures concerning
transit.
ANNEX III
Draft
Communication by the Government of the USSR to the Governments of France,
Great Britain and the USA
The Government of the USSR on the basis
of consultations with the Government of the GDR and with the consent of the latter, expressed in its
statement dated…, has the honor to bring to the attention of the
Governments of France, Great Britain and the USA, that the Government of the GDR:
- 1.
- Is prepared to reach agreement with the Senate of Berlin
/West/, regulating the questions of visits by permanent
residents of Berlin /West/ to the territory of the GDR, including its capital, for
humanitarian, family, religious or cultural reasons, or as
tourists;
- 2.
- Agrees to settle on a mutually acceptable basis the question
of telephonic, telegraphic, transport and other communications
with Berlin /West/;
- 3.
- Agrees to come to agreement on exchange with Berlin /West/ of
border areas to solve the problem of enclaves;
- 4.
- Agrees to reach agreement on other questions of interest to
both sides and directly affecting relations between the GDR and Berlin /West/.
ANNEX IV
Draft
On Representation of Interests of Berlin /West/
Abroad
A. Communication by the Governments of France, Great
Britain and the USA to the
Government of the USSR
The Governments of France, Great Britain and the USA have the honor to inform the Government of the USSR that in conformity with the rights
and responsibility in Berlin /West/ they will continue to exercise their
competence in questions of relationship of Berlin /West/ with other
states.
On the basis of the above they will represent the interests of Berlin
/West/ in political questions, in questions of security and in other [Page 597] fields, affecting security and
quadripartite allied decisions and concerning, in particular,
disarmament and demilitarization.
Without prejudice to their competence and quadripartite agreements and
decisions they consider it possible, that
- 1.
- The FRG take upon herself to
provide consular service to permanent residents of Berlin /West/ and
protection of their interests abroad in matters of civil law;
- 2.
- The effect of treaties /conventions, agreements/ of nonmilitary
and nonpolitical nature, concluded by the FRG with other countries, be extended to Berlin /West/
with observance of the established procedures. In every case it must
be specified, that inclusion of Berlin /West/ into a treaty
/convention, agreement/ takes place in the implementation of the
special settlement, determined by the four powers and with the
consent of third states, with which treaties /conventions,
agreements/ are being concluded.
The Governments of France, Great Britain and the USA intend to bring the above said to the attention of the
Government of the FRG and the Senate of
Berlin /West/.
B. Reply communication by the USSR Government to the Governments of France, Great
Britain and the USA
The Government of the USSR has the honor
to communicate its agreement with the manner of the representation
abroad of the interests of Berlin /West/ as it is set forth in the
letter /note/ by the Governments of France, Great Britain and the USA dated…It proceeds from the fact that
the manner being established does not affect the quadripartite
agreements and decisions, and that in its practical implementation the
provisions of Part II of this four power agreement will be observed.
The Government of the USSR also takes
note that the representation of interests of Berlin /West/ in political
questions and in questions of security is performed by the Governments
of France, Great Britain and the USA.
This applies also to the ties of Berlin /West/ with individual states
and with existing international organizations.
The USSR on its part will not object to
the exercise of the consular protection by the FRG of permanent residents of Berlin /West/ and their
interests abroad with the understanding that those residents will not
acquire thereby capacity as citizens of the FRG and will travel abroad with West Berlin passports
/identification cards/.
The question of representation of interests of Berlin /West/ and of
consular protection of its permanent residents before the GDR is to be settled directly between the
authorities of the GDR and the Senate of
Berlin /West/.
[Page 598]
Participation of Berlin /West/ in treaties /conventions, agreements/ of
nonmilitary and nonpolitical nature, concluded by the FRG, may take place with the consent for
that of the states, with which these acts are being concluded, and with
the reference in each case to the present agreement.
The Government of the USSR agrees that
the present exchange of letters /notes/ be brought to the attention of
the Government of FRG and the Senate of
Berlin /West/.
ANNEX V
Draft
Soviet Interests in Berlin /West/
Communication by the Governments of France, Great
Britain and the USA to the
Government of the USSR
The Governments of France, Great Britain and the USA have the honor to inform the Government of the USSR, that in the exercise of their
competence they will implement necessary measures so that the interests
of the USSR in Berlin /West/ be duly
respected.
They agree that the consulate-general of the USSR be opened in Berlin /West/.
The same laws and rules, that are being applied with regard to the
property of other states and their citizens, will be applied without any
discrimination to the property of the Soviet Union and its property
interests in Berlin /West/.
Most favored nation treatment will be applied to economic ties of the
Soviet Union with Berlin /West/. Consent will be given, in particular,
to opening consignment warehouses of Soviet foreign trade organizations
as well as their offices and the office of “Aeroflot.”
Soviet citizens permanently employed in Soviet offices in Berlin /West/
will be permitted to reside in that city.
FINAL ACT
Draft
- 1.
- This act enters into force the agreement, reached between the
Governments of the USSR, France,
Great Britain and the USA as a
result of the negotiations, held from…to… 1971.
- 2.
- The four powers proceed from the fact, that agreements and
arrangements, reached between the German authorities /list of these
agreements and arrangements/ will come into force simultaneously
with the agreement of the USSR,
France, Great Britain and the USA.
Each of these agreements and arrangements will remain in force with
the understanding that all other agreements and arrangements,
mentioned in the final act, remain in force.
- 3.
- In those cases if facts of violation of one or another part of the
agreement occurred, each of the four powers would have the right to
draw attention of the other parties to the agreement to the
principles of the present settlement for the purpose of holding,
within the framework of their competence, due consultations aimed at
eliminating the violations that took place and at bringing the
situation in conformity with the agreement.
