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

205. Message From the Ambassador to Germany (Rush) to the President’s Assistant for National Security Affairs (Kissinger)¹

Bonn, March 23, 1971.

Very interested in your message of March 22.² We have just received word that Abrasimov will not be available for the scheduled Four-Power talk on March 25, and the date has now been set for Friday, the 26th. This is because he has been called to Moscow for instructions, which of course fits into your discussions with Dobrynin and his return to Moscow.

I am enclosing our formulation of what the Soviet commitment for access and inner-city improvements should be and also of what the wording on Federal presence should be.

I think that it would be in order for you to give to Dobrynin the essence of my comments in the message of March 21,³ minus the fallback portions. In fact, I think it would be desirable to do so, since these would have the added weight of coming from you.

I think it would be all right for me to be instructed to discuss our comments at occasional private meetings with Abrasimov. This must be handled with extreme care, but that can be done.

Warm regards, and many thanks for keeping me so fully informed on your discussions.⁴

Our Formula on Federal Presence

1. In the exercise of their supreme authority with respect to the Western sectors of Berlin, the three governments determine the nature and extent of the relationship between the Western sectors of Berlin and the Federal Republic of Germany. They approve special ties between their sectors and the Federal Republic of Germany, including the representation of those sectors abroad.

2. The three powers state that the Western sectors of Berlin 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 by the three governments and remain suspended.

3. The relationship between the Western sectors and the Federal Republic of Germany described above and in Annex III will be respected by all signatories of this agreement.

Formula on Access

1. Civilian surface traffic by road, rail and waterways between the Western sectors of Berlin and the Federal Republic of Germany shall be unhindered for all persons and goods. Complications on the routes utilized by such traffic shall be avoided, and the movement of persons and goods shall be facilitated. Persons and goods identified as moving between the Western sectors and the Federal Republic of Germany and the routes utilized by such traffic shall be permitted to do so without delay. 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.

2. 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 the representatives of the Four Powers.

Note: The introductory sentence and paragraphs 1, 2, 3, and 6 of Annex I are essentials.

Formula on Inner-Berlin

1. Permanent residents of the Western sectors of Berlin will be able to visit and travel in contiguous areas under conditions no more restrictive than those existing at present for permanent residents of the Federal Republic of Germany. Facilities and arrangements to support expanded telecommunications, visits and travel by such residents shall be made available and improved. It is agreed that the problems of small areas which form part of the Western sectors, which are separated from them or which are difficult to reach, in particular Steinstuecken, shall be solved by exchange of territory. Detailed arrangements on all these subjects are set forth in Annex II. Measures to implement them will be taken by the appropriate German authorities.

Note: The omission of the references to the “city,” etc., in this section would have to be compensated by a reference to the “Berlin area” in the preamble or part I.

1. Source: National Archives, Nixon Presidential Materials, NSC Files, Kissinger Office Files, Box 59, Country Files, Europe, Ambassador Rush, Berlin, Vol. 1 [2 of 2]. Top Secret; Sensitive; Eyes Only. The message was sent through the special Navy channel in Frankfurt; a handwritten note indicates that it was received in Washington at 0054Z, March 24. (7:54 p.m., March 23).
2. See Document 204.
3. Document 203.
4. At 9:58 a.m. on March 24, Kissinger called Dobrynin to discuss the message from Rush. Kissinger: “I have just had a message from Bonn. I need to discuss it with you right away. We have many visitors around here. Could I come right over?” Dobrynin: “It’s quite all right with me.” Kissinger: “I will be there in 10 minutes.” (Library of Congress, Manuscript Division, Kissinger Papers, Box 366, Telephone Conversations, Chronological File) According to Kissinger’s Record of Schedule, he met Dobrynin on March 24 from 10:05 to 10:26 a.m. (Ibid., Box 438, Miscellany, 1968–76) No substantive record of the meeting has been found.