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

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

Bonn, April 30, 1971.

Yesterday I had a long talk with Bahr ² and find that we are in complete accord on all questions of tactics and strategy. He gave me two copies of the English translation of his draft of proposed agreement. I am transmitting the full text along with this message.

Tomorrow Bahr and I are going over this draft in detail to determine how much of it, if any, should be transmitted at this time to Falin who, incidentally, is still not in Bonn.

This morning I had a talk with Chancellor Brandt,³ also reviewing our tactics and strategy, and here too we are in complete accord. Incidentally, the Chancellor told me that his information is to the effect that the French report of Abrasimov’s assignment to Paris to replace Zorin is accurate. If so, conceivably the timing would be such that Abrasimov would go to Paris before the Berlin talks are concluded and be replaced by someone who is less of a hardliner.⁴

(DRAFT) AGREEMENT⁵

The Governments of the French Republic, USSR, United Kingdom of Great Britain and Northern Ireland and the United States of America,

On the basis of their rights and responsibilities, proceeding from the respective agreements and decisions of the Four Powers which remain unaffected, taking into account the existing situation, guided by the desire to contribute through practical improvements of the situation to the elimination of tensions and the prevention of complications in relations between the Four Powers and between other interested parties, have agreed on the following:

Part I. General Provisions

1. The four governments are of the unanimous view that in the area of their jurisdiction the use or threat of force must be excluded and disputes shall be settled solely by peaceful means.

2. They will mutually respect each other’s individual and joint rights and responsibilities, which remain unchanged.

3. The Four Powers are of the unanimous view that the situation which has developed in this area, irrespective of the difference in legal positions, shall not be changed unilaterally.

Part II. Provisions Relating to the Western Sectors of Berlin

1. The relations between the Western sectors of Berlin and the Federal Republic of Germany shall be respected in accordance with provisions set forth in the letter from the governments of the three powers to the government of the USSR (Annex I).

2. Surface traffic by road, rail and waterways between the Western sectors of Berlin and the Federal Republic of Germany for all persons and goods shall be carried out unhindered and on a preferential basis in accordance with the provisions set forth in the letter from the government of the USSR to the governments of the three powers (Annex II).

3. Traveling of permanent residents of Berlin (West) to Berlin (East) and the environs of the city, other communications and the exchange of small areas shall be arranged for in accordance with the provisions of the letter from the government of the USSR to the governments of the three powers (Annex III).

4. Problems relating to the representation abroad of the interests of the Western sectors of Berlin shall be settled in accordance with the provisions of the letter from the governments of the three powers to the government of the USSR (Annex IV).

Part III. Final Provisions

This agreement shall enter into force after the arrangements and measures provided for in Annexes I, II, III, and IV have been agreed upon.

ANNEX I

Letter From the Three Powers to the USSR

The Governments of the French Republic, the United Kingdom and the United States of America, after consultation hereon with the Government of the Federal Republic of Germany, have the honour to bring the following to the attention of the Government of the USSR:

1. In exercise of their supreme authority in the Western sectors of Berlin the governments of the three powers have approved special ties between these sectors and the Federal Republic of Germany.

2. They confirm that the three 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 remain suspended.

3. The Federal President, the Federal Government, the Bundestag and the Bundesrat will not perform official constitutional acts in the Western sectors.

4. For the rest, the Federal Republic of Germany and Berlin (West) will continue to maintain and develop their ties.

5. The Federal Government is represented in Berlin (West) by the plenipotentiary of the Federal Republic of Germany. He is the head of the liaison office with the Senat and the French, British and American authorities. Subordinate to the liaison office are the offices of the Federal Ministries which on the basis of the special responsibilities of the Federal Republic of Germany towards the Western sectors of Berlin have to ensure the liaison between the former and the latter.

(This letter has to be confirmed by the USSR.)

ANNEX II

Letter From the USSR to the Three Powers

The Government of the USSR, after consultation hereon with the Government of the German Democratic Republic and with the latter’s consent, has the honour to bring the following to the attention of the Governments of the French Republic, the United Kingdom and the United States of America:

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

2. This traffic shall be carried out in the simplest and most expeditious manner and must not involve any delay.

3. All traffic shall, as a rule, take place upon identification only; a control by testing at random shall be restricted to exceptional cases.

4. Goods may be transported in sealed conveyances. The sealing shall be effected by the senders and, as a rule, control procedures shall be carried out with respect to accompanying documents and by inspection of the seals only. In exceptional cases for which reasons are offered the shipments may be inspected regarding their conformity with accompanying documents.

5. 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.

6. 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.

7. Settlement of the costs for the utilization of the communication routes between the Western sectors of Berlin and the Federal Republic of Germany may be arranged in the form of a lump sum to be paid one year in advance.

8. In order to have encumbrances, complications and delays with respect to this traffic rapidly and efficiently dealt with and settled the arrangements for consultation of the representatives of the Four Powers in Berlin remain in force. The representatives of the Four Powers take action, if the German authorities cannot reach agreement.

9. Detailed arrangements for civilian traffic shall be worked out by the appropriate authorities of the Federal Republic of Germany and the German Democratic Republic.

Letter From the Three Powers to the USSR

The Governments of the French Republic, the United Kingdom and the United States of America have the honour to communicate to the Government of the USSR their consent to the arrangements put forward in its letter. In doing so they proceed on the basis that 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, and that these facilities and installations will be improved in conformity with growing transport needs and developments in transport technology.

ANNEX III

Letter From the USSR to the Three Powers

The Government of the USSR, after consultation hereon with the Government of the German Democratic Republic and with the latter’s consent, has the honour to bring the following to the attention of the Governments of the French Republic, the United Kingdom and the United States of America:

1. Permanent residents of Berlin (West) may travel to Berlin (East) and the environs of the city.

2. Telegraphic, telephonic, telex, transport and other communications shall be expanded.

3. The problem of enclaves shall be settled by an exchange of territory.

4. Details shall be worked out by the Government of the German Democratic Republic and the Senat of Berlin.

Letter From the Three Powers to the USSR

The Governments of the French Republic, the United Kingdom and the United States of America have the honour to communicate to the Government of the USSR their consent to the arrangements put forward in its letter. In doing so they proceed on the basis that permanent residents of the Western sectors of Berlin shall be able to visit and travel in the rest of the city and its environs under conditions no more restrictive than those existing at present for permanent residents of the Federal Republic of Germany, and that additional crossing points to the rest of the city, including U-Bahn stations, will be opened as needed.

ANNEX IV

Letter From the Three Powers to the USSR

The Governments of the French Republic, the United Kingdom and the United States of America, after consultation with the Government of the Federal Republic of Germany, have the honour to bring the following to the attention of the Government of the USSR:

1. The governments of the three powers confirm that they will continue to represent the interest of Berlin (West) in matters regarding its status and security.

2. Without prejudice to their supreme authority the three governments have authorized the Federal Republic of Germany to ensure the representation abroad and in international organizations of the Western sectors and their inhabitants. Such representation includes, inter alia:

A) consular representation

B) inclusion of the Western sectors in international agreements and engagements by special clause.

3. The holding in Berlin (West) of meetings of international organizations and conferences as well as exhibitions with international participation is, as a rule, not subject to restrictions.

The participation of permanent residents of the Western sectors of Berlin in organizations and associations incorporated in the Federal Republic of Germany and in international exchanges arranged by them is, as a rule, not subject to restrictions.

Letter From the USSR to the Three Powers

The Government of the USSR has the honour to communicate to the Governments of the French Republic, the United Kingdom and the United States of America its consent to the arrangement of the representation abroad of the interests of Berlin (West) as described in the three powers’ letter. In doing so, it proceeds on the basis that the arrangement being established does not affect quadripartite agreements and decisions.

The Government of the USSR takes note that the representation of the interests of Berlin (West) in matters of its status and security is carried out by the three powers.

It will make no objection to the Federal Republic of Germany’s carrying out consular protection of permanent residents of Berlin (West) and of their interest abroad on the understanding that passports for those residents will be issued by Berlin (West) authorities.

It furthermore proceeds from the premise that invitations to the holding in Berlin (West) of meetings of international organizations and conferences as well as exhibitions with international participation will be issued commonly by the Senat and the Federal Government.

It finally proceeds from the assumption that into those treaties, conventions and agreements concluded by the Federal Republic of Germany which are to be extended also to the Western Sectors of Berlin a reference to the agreement of the Four Powers dated…. (Annex IV) will be included.

FINAL ACT

1. This act brings into effect the agreement reached between the Governments of the French Republic, the United Kingdom, the United States of America and the USSR as a result of the negotiations which took place in Berlin from . . . . . 1970 to . . . . . 1971.

2. The Four Powers proceed on the basis that the agreements and arrangements concluded between the German authorities (follows list) will enter into force simultaneously with the agreement between the Four Powers. This agreement and all agreements and arrangements referred to in the Final Act are concluded for an unlimited period of time.

3. Should this agreement be violated in any of its parts, each of the Four Powers would have the right to draw the attention of the other three powers to the principles of this agreement, in order to carry out consultations in which the situation is reviewed and, if necessary, measures are decided upon with a view to bringing back the situation into conformity with the agreement.

1. Source: National Archives, Nixon Presidential Materials, NSC Files, Kissinger Office Files, Box 59, Country Files, Europe, Ambassador Rush, Berlin, Vol. 1. Top Secret; Sensitive; Exclusively Eyes Only. The message was sent through the special Navy channel in Frankfurt. No time of transmission is on the message; a handwritten note indicates that it was received in Washington on April 30 at 1910Z. According to an attached transmittal slip, the message was forwarded the same day to Haig, who was with the President in San Clemente. (Ibid., White House Central Files, President’s Daily Diary) Haig then presumably arranged its delivery to Kissinger, who was on a 10-day vacation in Palm Springs, California. (Kissinger, White House Years, pp. 718, 721–724; Haldeman, The Haldeman Diaries, p. 282)
2. See footnote 2, Document 229.
3. See Document 229.
4. Kissinger replied by special channel on May 3: “I have read with great interest your messages of April 29 and 30 and am glad that things appear to be in order at your end. I told Dobrynin, based on my conversations with Bahr, that we would be willing to show the Soviets sometime this week our version of our juridically neutral formulation. Unless you and Bahr think it would be desirable, this would not include the substantive detail of our formulations on such things as access and presence but be restricted solely to the formulations which are legally neutral. I intend to see Dobrynin again next week, and in the interim, trust that you will keep me informed on what is being passed to the Soviets. Warm regards.” (National Archives, Nixon Presidential Materials, NSC Files, Kissinger Office Files, Box 59, Country Files, Europe, Ambassador Rush, Berlin, Vol. 1)
5. Bahr gave Kissinger a copy of the draft agreement at the Bilderberg conference in Woodstock, Vermont, April 24–25. See footnote 2, Document 224. The German original is dated April 21, 1971.