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

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.

A.D.

P.S. I hope to receive an answer on Monday.²

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 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 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/.

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.

1. Source: National Archives, Nixon Presidential Materials, NSC Files, Box 491, President’s Trip Files, Dobrynin/Kissinger, 1971, Vol. 5 [Part 2]. No classification marking. Handwritten notations on the letter and attached draft agreement indicate that both were received from Dobrynin at 1 p.m. on March 18. That afternoon, Kissinger forwarded the documents to Rush with the following special channel message: “The best way to deal with the attached document is to send you the full text together with the note which transmitted it. On Monday [March 22] evening when I see Dobrynin, I should indicate the following: (a) what parts are acceptable, (b) what parts are generally unacceptable and why, and (c) what parts are unacceptable as stated but could perhaps form the basis of a negotiation. In any event details would be shifted into your channel even with respect to point (a). I would appreciate as full talking points as you can prepare. I would not bother you this much without major Presidential interest. Your cooperation has been superb and we are all deeply grateful. Text follows.” (Ibid., Kissinger Office Files, Box 59, Country Files, Europe, Ambassador Rush, Berlin, Vol. 1 [2 of 2])
2. Dobrynin added the postscript by hand.
3. A typed note on the draft agreement indicates that it is an “Unofficial translation from Russian,” presumably done by the Soviet Embassy in Washington. The Russian text is ibid., NSC Files, Box 491, President’s Trip Files, Dobrynin/Kissinger, 1971, Vol. 5 [Part 2].