129. Telegram From the Department of State to the Embassies in the German Democratic Republic and Federal Republic of Germany1
115852. Subject: Goodby-Nier Consultations: May 4 Developments.
1. (C) Entire text.
2. During May 4 plenary session, Deputy Assistant Secretary Goodby and GDR Deputy Foreign Minister Nier initialled German and English text of separate exchange of letters on Consular Convention. Text is same as para 4 reftel2 except that final, non-substantive sentence of one of two letters has been changed by adding new final sentence which reads: “I am authorized to declare that your letter and this reply constitutes an agreement between our two governments.” Three-man U.S. team will arrive Berlin May 9 to begin negotiation of final technical details of Consular Convention, which negotiation we hope to have finished in time for May 17–21 visit of GDR State Foreign Trade Secretary Beil. Neither side intends to publicize fact that we have discussed Consular Convention until such time as agreement is ready for signing. FYI: We anticipate signing in Washington. End FYI. We will give FRG promised note at time of signing the Consular Convention and before public announcement of signing.
3. Nier and Postmaster General Bolger signed Parcel Post Agreement May 4. Agreement contains U.S. fallback language in Article 1 [Page 401] which protects our interest with regard to Berlin. That language reads as follows: “This agreement applies to all areas for which the Governments of the U.S. and GDR exercise postal responsibilities.”
4. On May 4 GDR Embassy gave us a note agreeing to our proposal of April 16 for the reciprocal exemption of taxes on diplomatic properties.3 In this regard Nier was told by Goodby that we would expect favorable treatment of requests that will be forthcoming through our Embassy for the conversion of our leases in East Berlin from short-term to long-term. FYI: GDR note misquoted U.S. note April 16 replacing “U.S. Embassy to the GDR” with “U.S. Embassy in the GDR.” Note was returned to GDR Embassy May 5 by Department officer who pointed out “grammatical” error and asked that note be resubmitted by May 7 with proper quotation of U.S. note. We have every expectation that this will be done. End FYI.
5. Goodby told Nier that USG is now prepared to discuss a scientific-cultural agreement with the GDR and gave him a copy of our agreement with Bulgaria as our preferred model. Nier explained that GDR prefers separate agreements but agreed to examine US model which consists of an umbrella agreement and a detailed biennial implementation agreement. Nier was told that we would be prepared for detailed discussion in the early fall.
6. Nier was also told that we are now prepared to approve the GDR pending request for new trade offices in New York upon the signature of the Consular Convention Agreement. It was proposed that, if Consular Convention can be signed between now and May 17, that announcement of this step could be made at the time of Beil’s visit. The offices consist of two foreign trade enterprise offices (Unitechna, Jenoptik) and a branch of the GDR Embassy Commercial Section. With regard to the latter, Nier was told that, in accordance with the agreed minute of 1974, we would expect that we would be given the option to open an office of our own at a time and place of our choosing. Nier did not object.
7. Nier was presented with our Double Taxation and Agricultural Agreement with Hungary as models for such agreements with the GDR. Nier undertook to provide us with models of the types of shipping, health, legal assistance and customs agreements the GDR would like to sign with the U.S. He was told that we would be unable to reply definitively on a shipping agreement until such time as an overall maritime policy study being conducted by a White House Task Force is completed but was assured that the GDR’s views should be factored into that study when received. Nier said that the GDR had proposed [Page 402] Health and Customs Agreements in order to meet U.S. narcotics concerns expressed in Berlin by U.S. Customs Director Corcoran and Assistant Secretary Falco. Goodby said that we were not really interested in a Customs Agreement but would prefer to expand our narcotics control cooperation on the current informal basis. He also said that health matters are normally treated by us in scientific cultural agreements. When Nier pointed out that a separate agreement would be needed to satisfy the needs of the GDR’s separate Health Ministry, Goodby promised to look carefully at the model that would be provided by the GDR.
8. Also raised by the GDR in a perfunctory manner were MFN, overflight rights, military attaches, fishery quotas, an agreement on the return of cultural objects and a GDR film week in the U.S. On MFN and fishery quotas, both sides repeated their standard positions. We refused to discuss attaches and told Nier to expect a negative response to the GDR’s note on overflights. He accepted this with equanimity. He was told that, with regard to a film week, ICA has already been in touch with the “appropriate American institution”, the American Film Institute, which would be pleased to establish contact with the GDR’s Cultural Attache. On the return of cultural objects, Nier presented us with a draft note, which would require the two sides to return objects listed in an unattached annex and to “repatriate to each other cultural property which may be found henceforward and which has its permanent and rightful repository in the territory of one of the two nations.” We promised to examine this proposal carefully and, in this context, renewed our plea for the return of the Feininger paintings.
9. Nier also proposed exchanging notes agreeing to regular political consultations at “senior levels”, stating that this could be Goodby-Nier level. While viewing this in a dim light, we agreed to examine the proposal. Without specifying individuals, Goodby proposed receiving a GDR delegation this summer for CSCE consultations followed by a political level U.S. trip to Berlin in the fall and a higher level CSCE consultation in Berlin in the spring. Nier expressed general agreement.
10. With regard to CSCE, Goodby gave Nier a new list of divided family cases and protested restrictions on journalists. Our protest, he said, would be made public in President’s report to the CSCE Commission.
11. Claims were only touched upon briefly, with Goodby turning over copies of fifty cases mailed earlier by USFCSC and making a strong pitch for settlement of the Jewish claims.
12. Nier met for ten minutes with Deputy Secretary Christopher, with both assessing positively the resolution of the Consular Convention nationality issue. In other meetings, Assistant Secretary Derian elaborated on human rights issues, Under Secretary Newsom did so [Page 403] on the Middle East and Counselor Nimetz did so on CSCE and East-West issues.
13. French and German Embassies have been briefed in detail on the above. U.S. Bonn group rep should do the same.
- Source: National Archives, RG 59, Central Foreign Policy File, D790207–0903. Confidential; Immediate. Drafted by Gray; cleared by Edminster and in INM; approved by Vine. Sent for information to Paris, London, West Berlin, and USNATO ↩
- Not further identified. See footnote 3 below.↩
- See footnote 3, Document 127.↩