3. Arrangements implementing and supplementing the provisions of paragraphs 1 and 2 above will be agreed by the competent German authorities.

## ANNEX II

### COMMUNICATION FROM THE GOVERNMENT OF THE FRENCH REPUBLIC, THE UNITED KINGDOM AND THE UNITED STATES OF AMERICA TO THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS

The Governments of the French Republic, the United Kingdom and the United States of America, with reference to Part II (B) of the Quadripartite Agreement of this date and after consultation with the Government of the Federal Republic of Germany, have the honor to inform the Government of the Union of Soviet Socialist Republics that:

1. They declare, in the exercise of their rights and responsibilities, that the ties between the Western Sectors of Berlin and the Federal Republic of Germany will be maintained and developed, taking into account that these Sectors continue not to be a constituent part of the Federal Republic of Germany and not to be governed by it, the provisions of the Basic Law of the Federal Republic of Germany and of the Constitution operative in the Western Sectors of Berlin which contradict the above have been suspended and continue not to be in effect.

2. The Federal President, the Federal Government, the Bundesversammlung, the Bundesrat and the Bundestag, including their Committees and Fraktionen, as well as other state bodies of the Federal Republic of Germany will not perform in the Western Sectors of Berlin constitutional or official acts which contradict the provisions of paragraph 1.

3. The Government of the Federal Republic of Germany will be represented in the Western Sectors of Berlin to the authorities of the three Governments and to the Senate by a permanent liaison agency.

## ANNEX III

### COMMUNICATION FROM THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS TO THE GOVERNMENTS OF THE FRENCH REPUBLIC, THE UNITED KINGDOM AND THE UNITED STATES OF AMERICA

The Government of the Union of Soviet Socialist Republics, with reference to Part II (C) of the Quadripartite Agreement of this date and after consultation and agreement with the Government of the German Democratic Republic, has the honor to inform the Governments of the French Republic, the United Kingdom and the United States of America that:

1. Communications between the Western Sectors of Berlin and areas bordering on these Sectors and those areas of the German Democratic Republic which do not border on these Sectors will be improved.

2. Permanent residents of the Western Sectors of Berlin will be able to travel to and visit such areas for compassionate, family, religious, cultural or commercial reasons, or as tourists, under conditions comparable to those applying to other persons entering these areas. In order to facilitate visits and travel, as described above, by permanent residents of the Western Sectors of Berlin, additional crossing points will be opened.

3. The problems of the small enclaves, including Steinstuecken, and of other small areas may be solved by exchange of territory.

4. Telephonic, telegraphic, transport and other external communications of the Western Sectors of Berlin will be expanded.

5. Arrangements implementing and supplementing the provisions of paragraphs 1 to 4 above will be agreed by the competent German authorities.

## ANNEX IV

### A. COMMUNICATION FROM THE GOVERNMENTS OF THE FRENCH REPUBLIC, THE UNITED KINGDOM AND THE UNITED STATES OF AMERICA TO THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS

The Governments of the French Republic, the United Kingdom and the United States of America, with reference to Part II (D) of the Quadripartite Agreement of this date and after consultation with the Government of the Federal Republic of Germany, have the honor to inform the Government of the Union of Soviet Socialist Republics that:

1. The Governments of the French Republic, the United Kingdom and the United States of

577

America maintain their rights and responsibilities relating to the representation abroad of the interests of the Western Sectors of Berlin and their permanent residents, including those rights and responsibilities concerning matters of security and status, both in international organizations and in relations with other countries.

2. Without prejudice to the above and provided that matters of security and status are not affected, they have agreed that:

(a) The Federal Republic of Germany may perform consular services for permanent residents of the Western Sectors of Berlin.

(b) In accordance with established procedures, international agreements and arrangements entered into by the Federal Republic of Germany may be extended to the Western Sectors of Berlin provided that the extension of such agreements and arrangements is specified in each case.

(c) The Federal Republic of Germany may represent the interests of the Western Sectors of Berlin in international organizations and international conferences.

(d) Permanent residents of the Western Sectors of Berlin may participate jointly with participants from the Federal Republic of Germany in international exchanges and exhibitions. Meetings of international organizations and international conferences as well as exhibitions with international participation may be held in the Western Sectors of Berlin. Invitations will be issued by the Senat or jointly by the Federal Republic of Germany and the Senat.

3. The three Governments authorize the establishment of a Consulate General of the USSR in the Western Sectors of Berlin accredited to the appropriate authorities of the three Governments in accordance with the usual procedures applied in those Sectors, for the purpose of performing consular services, subject to provisions set forth in a separate document of this date.

B. **COMMUNICATION FROM THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS TO THE GOVERNMENTS OF THE FRENCH REPUBLIC, THE UNITED KINGDOM AND THE UNITED STATES OF AMERICA**

The Government of the Union of Soviet Socialist Republics, with reference to Part II (D) of the Quadripartite Agreement of this date and to the communication of the Governments of the French Republic, the United Kingdom and the United States of America with regard to the representation abroad of the interests of the Western Sectors of Berlin and their permanent residents, has the honor to inform the Governments of the French Republic, the United Kingdom and the United States of America that:

1. The Government of the Union of Soviet Socialist Republics takes note of the fact that the three Governments maintain their rights and responsibilities relating to the representation abroad of the interests of the Western Sectors of Berlin and their permanent residents, including those rights and responsibilities concerning matters of security and status, both in international organizations and in relations with other countries.

2. Provided that matters of security and status are not affected, for its part it will raise no objection to:

(a) the performance by the Federal Republic of Germany of consular services for permanent residents of the Western Sectors of Berlin;

(b) In accordance with established procedures, the extension to the Western Sectors of Berlin of international agreements and arrangements entered into by the Federal Republic of Germany provided that the extension of such agreements and arrangements is specified in each case;

(c) the representation of the interests of the Western Sectors of Berlin by the Federal Republic of Germany in international organizations and international conferences;

(d) the participation jointly with participants from the Federal Republic of Germany of permanent residents of the Western Sectors of Berlin in international exchanges and exhibitions, or the holding in those Sectors of meetings of international organizations and international conferences as well as exhibitions with international participation, taking into account that invitations will be issued by the Senat or jointly by the Federal Republic of Germany and the Senat.

3. The Government of the Union of Soviet Socialist Republics takes note of the fact that

578

the three Governments have given their consent to the establishment of a Consulate General of the USSR in the Western Sectors of Berlin. It will be accredited to the appropriate authorities of the three Governments, for purposes and subject to provisions described in their communication and as set forth in a separate document of this date.

### Agreed Minute I

It is understood that permanent residents of the Western Sectors of Berlin shall, in order to receive at appropriate Soviet offices visas for entry into the Union of Soviet Socialist Republics, present:

(a) a passport stamped "Issued in accordance with the Quadripartite Agreement of September 3, 1971";

(b) an identity card or other appropriately drawn up document confirming that the person requesting the visa is a permanent resident of the Western Sectors of Berlin and containing the bearer's full address and a personal photograph.

During his stay in the Union of Soviet Socialist Republics, a permanent resident of the Western Sectors of Berlin who has received a visa in this way may carry both documents or either of them, as he chooses. The visa issued by a Soviet office will serve as the basis for entry into the Union of Soviet Socialist Republics, and the passport or identity card will serve as the basis for consular services in accordance with the Quadripartite Agreement during the stay of that person in the territory of the Union of Soviet Socialist Republics.

The above-mentioned stamp will appear in all passports used by permanent residents of the Western Sectors of Berlin for journeys to such countries as may require it.

### Agreed Minute II

Provision is hereby made for the establishment of a Consulate General of the USSR in the Western Sectors of Berlin. It is understood that the details concerning this Consulate General will include the following. The Consulate General will be accredited to the appropriate authorities of the three Governments in accordance with the usual procedures applying in those Sectors. Applicable Allied and German legislation and regulations will apply to the

Consulate General. The activities of the Consulate General will be of a consular character and will not include political functions or any matters related to quadripartite rights or responsibilities.

The three Governments are willing to authorize an increase in Soviet commercial activities in the Western Sectors of Berlin as described below. It is understood that pertinent Allied and German legislation and regulations will apply to these activities. This authorization will be extended indefinitely, subject to compliance with the provisions outlined herein. Adequate provision for consultation will be made. This increase will include establishment of an "Office of Soviet Foreign Trade Associations in the Western Sectors of Berlin", with commercial status, authorized to buy and sell on behalf of foreign trade associations of the Union of Soviet Socialist Republics. Soyuzpushnina, Prodintorg and Novoexport may each establish a bonded warehouse in the Western Sectors of Berlin to provide storage and display for their goods. The activities of the Intourist office in the British Sector of Berlin may be expanded to include the sale of tickets and vouchers for travel and tours in the Union of Soviet Socialist Republics and other countries. An office of Aeroflot may be established for the sale of passenger tickets and air freight services.

The assignment of personnel to the Consulate General and to permitted Soviet commercial organizations will be subject to agreement with the appropriate authorities of the three Governments. The number of such personnel will not exceed twenty Soviet nationals in the Consulate General; twenty in the office of the Soviet Foreign Trade Associations; one each in the bonded warehouses; six in the Intourist office; and five in the Aeroflot office. The personnel of the Consulate General and of permitted Soviet commercial organizations and their dependents may reside in the Western Sectors of Berlin upon individual authorization.

The property of the Union of Soviet Socialist Republics at Lietzenburgerstrasse 11 and at Am Sandwerder 1 may be used for purposes to be agreed between appropriate representatives of the three Governments and of the Government of the Union of Soviet Socialist Republics.

Details of implementation of the measures above and a time schedule for carrying them out will be agreed between the four Ambassadors in

579

the period between the signature of the Quadripartite Agreement and the signature of the Final Quadripartite Protocol envisaged in that Agreement.

Exchange of Notes

NOTE FROM THE THREE AMBASSADORS TO THE AMBASSADOR OF THE U.S.S.R.

The Ambassadors of the French Republic, the United Kingdom of Great Britain and Northern Ireland and the United States of America have the honor, with reference to the statements contained in Annex II of the Quadripartite Agreement to be signed on this date concerning the relationship between the Federal Republic of Germany and the Western Sectors of Berlin, to inform the Ambassador of the Union of Soviet Socialist Republics of their intention to send to the Chancellor of the Federal Republic of Germany immediately following signature of the Quadripartite Agreement a letter containing clarifications and interpretations which represent the understanding of their Governments of the statements contained in Annex II of the Quadripartite Agreement. A copy of the letter to be sent to the Chancellor of the Federal Republic of Germany is attached to this Note.

The Ambassadors avail themselves of this opportunity to renew to the Ambassador of the Union of Soviet Socialist Republics the assurances of their highest consideration.

JEAN SAUVAGNARGUES.
ROGER JACKLING.
KENNETH RUSH.

SEPTEMBER 3, 1971.

ATTACHMENT TO THREE-POWER NOTE

His Excellency
The CHANCELLOR OF THE
FEDERAL REPUBLIC OF GERMANY,
Bonn.

YOUR EXCELLENCY: With reference to the Quadripartite Agreement signed on September 3, 1971, our Governments wish by this letter to inform the Government of the Federal Republic of Germany of the following clarifications and interpretations of the statements contained in Annex II, which was the subject of consultation with the Government of the Federal Republic of Germany during the quadripartite negotiations.

These clarifications and interpretations represent the understanding of our Governments of this part of the Quadripartite Agreement, as follows:

a. The phrase in Paragraph 2 of Annex II of the Quadripartite Agreement which reads: "... will not perform in the Western Sectors of Berlin constitutional or official acts which contradict the provisions of Paragraph I" shall be interpreted to mean acts in exercise of direct state authority over the Western Sectors of Berlin.

b. Meetings of the Bundesversammlung will not take place and plenary sessions of the Bundesrat and the Bundestag will continue not to take place in the Western Sectors of Berlin. Single committees of the Bundesrat and the Bundestag may meet in the Western Sectors of Berlin in connection with maintaining and developing the ties between those Sectors and the Federal Republic of Germany. In the case of Fraktionen, meetings will not be held simultaneously.

c. The liaison agency of the Federal Government in the Western Sectors of Berlin includes departments charged with liaison functions in their respective fields.

d. Established procedures concerning the applicability to the Western Sectors of Berlin of legislation of the Federal Republic of Germany shall remain unchanged.

e. The term "state bodies" in Paragraph 2 of Annex II shall be interpreted to mean: the Federal President, the Federal Chancellor, the Federal Cabinet, the Federal Ministers and Ministries, and the branch offices of those Ministries, the Bundesrat and the Bundestag, and all Federal courts.

Accept, Excellency, the renewed assurance of our highest esteem.

For the Government of the French Republic:
For the Government of the United Kingdom of Great Britain and Northern Ireland:

For the Government of the United States of America:

REPLY FROM THE AMBASSADOR OF THE U.S.S.R.

Translation

The Ambassador of the Union of Soviet Socialist Republics has the honor to acknowledge

580

edge receipt of the note of the Ambassadors of the French Republic, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, dated September 3, 1971, and takes cognizance of the communication of the three Ambassadors.

The Ambassador avails himself of this opportunity to renew to the Ambassadors of the French Republic, the United Kingdom, and the United States of America the assurance of his very high consideration.

PYOTR A. ABRASIMOV.

SEPTEMBER 3, 1971.

### France-U.S.-U.K. Letter to the Chancellor of the Federal Republic of Germany

SEPTEMBER 3, 1971.

**YOUR EXCELLENCY:** We have the honor by means of this letter to convey to the Government of the Federal Republic of Germany the text of the Quadripartite Agreement signed this day in Berlin. The Quadripartite Agreement was concluded by the Four Powers in the exercise of their rights and responsibilities with respect to Berlin.

We note that, pursuant to the terms of the Agreement and of the Final Quadripartite Protocol which ultimately will bring it into force, the text of which has been agreed, these rights and responsibilities are not affected and remain unchanged. Our Governments will continue, as heretofore, to exercise supreme authority in the Western Sectors of Berlin, within the framework of the Four Power responsibility which we share for Berlin as a whole.

In accordance with Part II(A) of the Quadripartite Agreement, arrangements implementing and supplementing the provisions relating to civilian traffic will be agreed by the competent German authorities. Part III of the Quadripartite Agreement provides that the Agreement will enter into force on a date to be specified in a Final Quadripartite Protocol which will be concluded when the arrangements envisaged between the competent German authorities have been agreed. It is the request of our Governments

that the envisaged negotiations now take place between authorities of the Federal Republic of Germany, also acting on behalf of the Senat, and authorities of the German Democratic Republic.

Part II(B) and (D) and Annexes II and IV of the Quadripartite Agreement relate to the relationship between the Western Sectors of Berlin and the Federal Republic. In this connection, the following are recalled inter alia:

the communications of the three Western Military Governors to the Parliamentary Council of 2 March, 22 April and 12 May, 1949,

the letter of the three High Commissioners to the Federal Chancellor concerning the exercise of the reserved Allied rights relating to Berlin of 26 May 1952 in the version of the letter X of 23 October 1954,

the Aide Memoire of the three Governments of 18 April 1967 concerning the decision of the Federal Constitutional Court of 20 January 1966 in the Niekisch case.

Our Governments take this occasion to state, in exercise of the rights and responsibilities relating to Berlin, which they retained in Article 2 of the Convention on Relations between the Three Powers and the Federal Republic of Germany of 26 May 1952 as amended October 23, 1954, that Part II (B) and (D) and Annexes II and IV of the Quadripartite Agreement concerning the relationship between the Federal Republic of Germany and the Western Sectors of Berlin accord with the position in the above mentioned documents, which remains unchanged.

With regard to the existing ties between the Federal Republic and the Western Sectors of Berlin, it is the firm intention of our Governments that, as stated in Part II (B) (1) of the Quadripartite Agreement, these ties will be maintained and developed in accordance with the letter from the three High Commissioners to the Federal Chancellor on the exercise of the reserved rights relating to Berlin of 26 May 1952, in the version of letter X of October 23, 1954, and with pertinent decisions of the Allied Kommandatura of Berlin.

JEAN SAUVAGNARGUES.

581

450-786 O-72-39

ROGER JACKLING.

KENNETH RUSH.

Communication From Allied Kommandature
to the Governing Mayor of Berlin

BKC/L(71) 1 dated September 3

The Allied Kommandatura refers to the
Quadripartite Agreement signed on September
3 in Berlin.

Part II(C) and Annex III, Paragraph 5, of
the Quadripartite Agreement provide that ar-
rangements implementing and supplementing
the provisions relating to travel, communica-
tions and the exchange of territory will be
agreed by the competent German authorities.
Part IV of the Quadripartite Agreement pro-
vides that the Agreement will enter into force
on a date to be specified in a Final Quadripartite
Protocol which will be concluded when the
arrangements envisaged between the competent
German authorities have been agreed.

The Senate of Berlin is hereby authorized and
requested to conduct appropriate negotiations
on the subjects covered in Paragraphs 1, 2 and
3 in Annex III.

Draft Protocol on Entry into Force

FINAL QUADRIPARTITE PROTOCOL

The Governments of the United States of
America, the French Republic, the Union of
Soviet Socialist Republics and the United King-
dom of Great Britain and Northern Ireland,

Having in mind Part III of the Quadripartite
Agreement of September 3, 1971, and taking
note with satisfaction of the fact that the agree-
ments and arrangements mentioned below have
been concluded,

Have agreed on the following:

1. The four Governments, by virtue of this

Protocol, bring into force the Quadripartite
Agreement, which, like this Protocol, does not
affect quadripartite agreements or decisions pre-
viously concluded or reached.

2. The four Governments proceed on the basis that the agreements and arrangements concluded between the competent German authorities (list of agreements and arrangements) shall enter into force simultaneously with the Quadripartite Agreement.

3. The Quadripartite Agreement and the consequent agreements and arrangements of the competent German authorities referred to in this Protocol settle important issues examined in the course of the negotiations and shall remain in force together.

4. In the event of a difficulty in the application of the Quadripartite Agreement or any of the above-mentioned agreements or arrangements which any of the four Governments considers serious, or in the event of non-implementation of any part thereof, that Government will have the right to draw the attention of the other three Governments to the provisions of the Quadripartite Agreement and this Protocol and to conduct the requisite quadripartite consultations in order to ensure the observance of the commitments undertaken and to bring the situation into conformity with the Quadripartite Agreement and this Protocol.

5. This Protocol enters into force on the date of signature.

DONE at the building formerly occupied by
the Allied Control Council in the American Sec-
tor of Berlin this ___ day of ______ 1971, in four originals, each in the English,
French and Russian languages, all texts being
equally authentic.

For the Government of the Union of Soviet
Socialist Republics:

582

President's Foreign Policy Report

Feb. 9, 1972

Germany and Berlin. Previous periods of European detente proved illusory either because nations failed to deal with the central questions of the division of Germany and Berlin, or because the attempts to deal with them created further stalemate and confrontation. If a relaxation of tension was to come about in the 1970's—and I was convinced it could—it would be tested in new efforts to address these issues. On my visit to West Berlin in February 1969, therefore, I called for an end to the tensions over Berlin. Chancellor Brandt has proposed to normalize his country's relations with its Eastern neighbors through new treaty relationships.

It was for the West German government in the first instance to work out an approach to the German national problem. At the same time, issues related to the division of Germany were of natural and direct concern to all European powers; the U.S., the U.K., France, and the USSR, in particular, have special rights and responsibilities regarding Berlin. The two key problems—West Germany's relations with its Eastern neighbors and the Four-Power relationship in Berlin—were thus related organically. The Soviet-German treaty of 1970 could not in itself normalize the situation in Central Europe if Berlin were ignored.

The Berlin negotiators faced a tangle of two decades' accumulation of conflicting legal arguments, administrative practices, and political and economic interests. The ideal solution—reunification of Berlin—was not feasible. On the other hand, it was unacceptable to us to treat West Berlin as a separate political entity deprived of its natural ties to the Federal Republic or the security guarantee of the three Western powers.

The parties broke through the impasse in 1971 by putting aside the arguments over the political or juridical status of the city and concentrating instead on new practical arrangements to improve conditions for West Berliners and remove specific irritants. The Four-Power agreement on Berlin, signed on September 3, 1971, was a milestone achievement.

- The Soviet guarantee of unimpeded and preferential civilian traffic between the Western sectors of Berlin and the Federal Republic is a central fact of the agreement and a major improvement.

- There is no change in the legal status of the Western sectors of Berlin: they remain under the authority of the three powers, who share with the USSR responsibility for the city as a whole, and they continue, as in the past, not to be regarded as a constituent part of the Federal Republic. At the same time, the Soviet Union has formally accepted that the vital ties between West Berlin and the Federal Republic will be maintained and developed.

- The Soviet Union has accepted that communications between West Berlin and East Berlin and the German Democratic Republic, and West Berliners' visiting rights, will be improved. It has further been agreed that, where the security and status of the city are not involved, the Federal Republic may represent the Western sectors of Berlin abroad and that international agreements and arrangements entered into by the Federal Republic may be extended to the Western sectors.

- The three Western allies have authorized the establishment of a Soviet Consulate General and additional Soviet commercial offices in the Western sectors, accredited to the appropriate authorities of the three Western powers. No change in Berlin's status is implied; the Soviet presence in the Western sectors will still be subject to allied authority.

United States Foreign Policy 1971 :
A Report of the Secretary of State
(March 8, 1972)

THE BERLIN AGREEMENT: A SPECIAL REPORT

The Quadripartite Agreement on Berlin promises to end a quarter century of tension and anxiety over the former German capital. Over the years the Soviet Union and East German authorities have challenged the position of the three Western Powers in Berlin, have interfered with free circulation within the city, and have hindered travel between the city and the outside world. This has not prevented the Western sectors from enjoying democratic government and increasing prosperity. Communist pressures have, however, inconvenienced Berlin's residents and those visiting and trading with the city and threatened the city's freedom and viability. International tension over Berlin problems has at times reached critical dimensions.

The objective of the complex negotiations which took place during 1970 and 1971 was to reduce the causes of tension, while preserving the status of the city and the rights and responsibilities of the Four Powers for Berlin and Germany as a whole. The resultant agreement, which will come into effect with the signature of a Final Quadripartite Protocol, constitutes the most comprehensive and important understanding reached on Berlin since the immediate post World War II period.

The Berlin Problem

The London Protocol, signed by the United States, Great Britain, and the Soviet Union on September 12, 1944, and amended on July 26, 1945, to permit participation by France, established Berlin as a special occupation area, distinct from the zones into which the rest of Germany was to be divided. The forces of each of the Four

Powers would occupy a separate sector in Berlin and a Kommandatura, composed of the four Commandants, would administer the area jointly on the basis of unanimous decisions, under the general direction of the Allied Control Council, the supreme governing authority for Germany. On July 4, 1945, the first Western military units arrived in Berlin and on July 11, 1945, the Kommandatura assumed control of the administration of the city.

In July 1946 the Kommandatura approved a temporary constitution for Berlin which specified that the legislative city assembly would be subordinate to the Kommandatura. Under the provisions of the constitution, city elections were held in October 1946 and the Communist-dominated Socialist Unity Party (SED) was decisively defeated. The Soviets subsequently used their position in the Kommandatura to block many measures of the new city government. On June 16, 1948, the Soviet Commandant walked out of the Kommandatura, following similar action by the Soviet representative in the Allied Control Council. This ended quadripartite administration of Berlin as a whole.

The London Protocol did not contain specific provisions for Western access to Berlin on the principle that the Western right to occupy Berlin carried with it the right of access. Such rights were specifically confirmed in the letters to Marshal Stalin from President Truman and Prime Minister Churchill dated respectively June 14 and 15, 1945, proposing movement of their national garrisons into Berlin with provision for free road, rail, and air access to the city, and in Stalin's reply to President Truman dated June 16, 1945, assuring him that "all necessary measures will be taken . . . ." Specific arrangements were then discussed at a conference on July 29, 1945, among the American, British, and Soviet commanders in Germany, and an oral agreement was reached for Western road, rail, and air access. Certain specific arrangements regarding rail access, use of three air corridors, and an air control zone around Berlin were incorporated in approved Four Power papers. In addition, a variety of working arrangements were established by consistent practice over the years.

During the first half of 1948 the Soviets gradually stepped up interference with traffic to Berlin. Finally, they stopped all traffic by road on June 18, 1948, and all traffic by rail on June 24, 1948, leaving only air access open to Berlin. The blockade lasted 11 months, during which time the allied powers supplied West Berlin by a massive airlift of food, fuel, and vital goods. Faced with its obvious failure to force the Western Powers to withdraw, the Soviets, in an agreement with the three powers reached in New York on May 4, 1949, and

40

supplemented in Paris on June 20, 1949, restored access to the status existing before the blockade began. This status included the free movement of German civilian persons and goods between Berlin and the Western zones.

Since then Soviet and East German authorities have continued sporadically to hamper Berlin access. Surface traffic has been blocked and subjected to arbitrary controls and searches. Both military and civilian aircraft have been harassed in the air corridors to Berlin. Since 1965 such harassment has frequently been used in an effort to discourage meetings in the Western sectors of parliamentary groups from the Federal Republic, including the Federal Assembly which traditionally has elected the Federal President in Berlin.

Following the end of the blockade the Western sectors of Berlin experienced a notable economic revival which has continued until today. This was made possible by the security provided by the three Western Powers and the North Atlantic Alliance, and by the close economic and social ties between the Western sectors and the Federal Republic. Within the city, however, the division between the Soviet sector and the Western sectors became ever sharper. The central organs of the East German regime were established in the Soviet sector, and the East German constitution of October 1949 proclaimed Berlin the capital of the German Democratic Republic, an act to which the three Western Powers, but not the Soviet Union, took strong exception. In the Federal Republic, Article 23 of the Basic Law provided that Berlin was a Federal "Land." The three Western Powers suspended this Article on the ground that Berlin continued under the control of the Four Powers and was not an integral part of either East or West German territory. The Western Powers, however, welcomed the development of economic, financial, legal, and cultural ties between the Western sectors and the Federal Republic in order to insure the viability of the city and to provide an environment in which a free and democratic society could flourish. Federal parliamentary bodies met frequently in Berlin. A substantial number of Federal offices were established there, providing jobs and a sense of security for Berlin's residents. The President of the East German People's Chamber sent a message of welcome to the deputies assembled in Berlin for the 1954 Federal Convention to elect the Federal President. When the German Bundestag met in plenary session in Berlin in October 1955 the East German regime's official newspaper welcomed it.⁵ During the late fifties and sixties, however, Federal activities in the city came under growing challenge from the Soviet Union and the East German authorities.

⁵ *Neues Deutschland*, Oct. 20, 1955.

41

The position of the Western Powers in Berlin had also again been challenged by the Soviet Union. In November 1958 Khrushchev asserted that the Western Powers had violated the Potsdam Agreement and had thereby rendered the London Protocol null and void and had forfeited their occupation rights in Berlin. Khrushchev demanded that the Western Powers leave Berlin and that West Berlin be made a demilitarized and free city. The Western Powers maintained that the quadripartite rights to occupy Berlin by right of conquest prevailed and that the Soviet Union could not unilaterally relieve itself of quadripartite responsibilities.

The Western Powers also denied that they had violated the Potsdam Agreement. They affirmed that the status of the Potsdam Agreement was in any event irrelevant to the continued validity of the London Protocol since the London Protocol predated the Potsdam Agreement by six months and neither agreement, by its terms or by implication, was made dependent for its continued validity upon the status of the other.

A conference of the four foreign ministers took place in Geneva in the summer of 1959 but ended in a deadlock since the Soviet Union was unwilling to assure the continuation of Western rights in Berlin following the termination of any interim settlement. This was the last quadripartite meeting on Berlin prior to the negotiations of 1970 and 1971.

Throughout the summer and early fall of 1961 the Berlin problem assumed the proportions of a major international crisis. The Western Powers repeatedly affirmed their determination not to be driven out of Berlin. They defined the four essentials which would have to underlie any Berlin settlement as, (1) the right of the Berliners to be free, (2) to live in a viable community, (3) the right of the Western allies to be in Berlin, and (4) the right of free access to the city. On August 13, 1961, East German authorities erected a barrier physically cutting off East Berlin from the rest of the city. This subsequently developed into a continuous wall which prevented circulation between the two parts of the city. A similar barrier was placed around the small inhabited exclave of the Western sectors called Steinstuecken, which was located within East German territory and had over the years been subject to frequent East German harassment.

By the end of the sixties the Western sectors of Berlin were prosperous and their residents lived in freedom. They could not, however, travel to East Berlin except for urgent family reasons. Travel to the surrounding German Democratic Republic (GDR) was totally forbidden. The ties between the Western sectors and the Federal Re-

42

public were close but under challenge through sporadic harassment of access and through Communist refusal to accept any form of representation of the Western sectors abroad by the Federal Republic. Countering this, the determination of the Western Powers to maintain their position in the city had been clearly established and was no longer under Soviet attack.

## Negotiations of 1970 and 1971

The Berlin negotiations of 1970 and 1971, unlike earlier Four Power discussions on Berlin, were not in response to an immediate crisis. As early as the NATO ministerial conferences in June and November of 1968 there was discussion of a possible new Western initiative with the Soviets in connection with Berlin. In February 1969, President Nixon visited Berlin and called for a new effort to find ways of reducing the tensions of the past. Two months later, the NATO ministers in a communique following their April meeting endorsed "concrete measures aimed at improving the situation in Berlin, safeguarding free access to the city, and removing restrictions which affect traffic and communications between the two parts of Germany." Subsequently, with the encouragement of the Federal Republic, the United States, the United Kingdom, and France agreed to sound out Moscow concerning improvements in the Berlin situation.

Meanwhile in a speech on July 10, 1969, Soviet Foreign Minister Gromyko offered to "exchange views as to how complications concerning West Berlin can be prevented now and in the future." On August 6 and 7 the three powers made oral statements in Moscow which referred to the Soviet Foreign Minister's remarks and expressed their desire to see the situation in Berlin improved. After further exchanges, the Soviets on February 10, 1970, accepted the Western proposal for talks in Berlin and suggested that they be held at the Ambassadorial level in the building formerly occupied by the Allied Control Council. While confirming their readiness to discuss improvement of the situation in "West Berlin" and the elimination of frictions in the region, they said that the first topic of discussion should be the exclusion of "activities incompatible with the international situation of West Berlin." They stated further that GDR interests must be taken into account in the settlement of access issues. The first Ambassadorial meeting took place on March 26, 1970, in the Control Council building in the American sector of Berlin. There followed almost a year and a half of difficult and complicated negotiations in a long series of meetings finally ending in the signature of the Quadripartite Agreement—the first phase of the overall Berlin Agreement—on September 3, 1971. This landmark was followed by

43

inner German negotiations, which lasted until December 20, 1971.

The preparation and conduct of negotiations concerning Berlin involved unique and complicated factors. Since basic responsibility for Berlin lies with the Four Powers, any agreement on Berlin must in the first instance be reached by them. At the same time, German authorities had an essential role to play in working out procedural details for the implementation of improvements agreed upon by the Four Powers. Moreover, the positions put forward and the decisions taken by the Four Powers were of vital interest to German authorities in Bonn and in both East and West Berlin.

Throughout the negotiations, there was close coordination between the three Western Powers and both the Federal Republic and the West Berlin Government (the Senat). A phased approach to negotiations provided for an initial quadripartite agreement followed by supplementary agreements and understandings between German authorities which would be encompassed, and brought into effect, by a Final Quadripartite Protocol.

On the American side, the Berlin Task Force, which was initially established to deal with the Berlin crises of the late fifties and early sixties, was utilized to develop, under the chairmanship of the Department of State, a basic position for the negotiations. This position was submitted by the Secretary of State to the President for approval and then sent as guidance to the American Ambassador in Bonn where coordination among the Four Western Powers was centered. Agreed Western positions were developed there. When questions arose during the course of the negotiations which required further decisions at the highest level in the Western capitals, the same interagency group submitted recommendations to the President through the machinery of the National Security Council. Thus throughout the negotiations initial positions were formulated on the Western side in capitals, but developed and coordinated by the Western representatives meeting almost without interruption in Bonn. The wording of texts tabled by the Western side was for the most part drafted in Bonn. Having participated directly in this process in Bonn, the three Western Ambassadors were able in the Berlin meetings to function as a team in dealing with their Soviet colleague.

When the stage of inner German negotiations was reached a similar procedure was followed in reverse. Initial positions were developed by the Federal Republic and the Berlin Senat on the basis of the provisions of the Quadripartite Agreement. They were then coordinated with the Western Powers in meetings both in Bonn and in Berlin in preparation for sessions with the East German negotiators. The text of the Quadripartite Agreement was concurred in by the Federal Government before it was signed by the three Western

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Powers, and the texts of the agreements and arrangements negotiated by the Federal Government and the Senate with East German authorities were approved by the three Western Powers before they were signed by German representatives. The three Western Powers declared their readiness to sign the Final Quadripartite Protocol immediately after completion of the inner German negotiations. The Soviet Union, while concurring in the inner German texts, has indicated that signature of the Final Protocol should be scheduled "subsequently," presumably after the treaty of August 12, 1970, between the Federal Republic and the Soviet Union has been approved by the Federal German Parliament.

## Results of the Negotiations

The Berlin Agreement, when completed by signature of the Final Quadripartite Protocol, will consist of three parts. The first is the Quadripartite Agreement of September 3, 1971, which sets forth the principles and guidelines agreed upon by the Four Powers to bring about improvements in the situation in and around Berlin. The second part consists of understandings reached between the Federal Republic and the German Democratic Republic and between the Berlin Senate and the German Democratic Republic to supplement and implement the Quadripartite Agreement, within the framework of which negotiations between the German authorities were conducted. The agreement reached between the Federal Republic and the German Democratic Republic was signed on December 17 and the separate understandings reached between the Senate and the German Democratic Republic were signed on December 20, 1971. The German agreements and understandings will be listed in the Final Quadripartite Protocol which, when signed by the Four Powers, will bring the entire Berlin Agreement into effect. The negotiations did not deal with allied access to Berlin, which includes air traffic through the three corridors to and from Berlin, nor with allied circulation within the city.

Major substantive provisions of the Berlin Agreement may be summarized as follows:

*Status of Berlin.* The Agreement does not in any way change the legal status of Berlin or the rights and responsibilities of the Four Powers, which extend to the whole of the city. In the Preamble of the Quadripartite Agreement it is stated that "The Governments of the United States of America, the French Republic, the Union of Soviet Socialist Republics and the United Kingdom of Great Britain and Northern Ireland . . . acting on the basis of their quadripartite rights

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and responsibilities and of the corresponding war time and post-war agreements and decisions of the Four Powers, which are not affected... have agreed on the following:"

*Access.* In the Quadripartite Agreement the Soviet Union declares "that transit traffic by road, rail, and waterways through the territory of the German Democratic Republic of civilian persons and goods between the Western sectors of Berlin and the Federal Republic of Germany will be unimpeded; that such traffic will be facilitated so as to take place in the most simple and expeditious manner; and that it will receive preferential treatment." As a result of this commitment and the resultant detailed arrangements agreed upon by the Federal Republic and the German Democratic Republic in accordance with Annex I of the Quadripartite Agreement, access traffic will henceforth enjoy the following benefits: (1) Freight conveyances which are sealed before leaving the Federal Republic or the Western sectors of Berlin will not be subject to inspection or delay by GDR authorities. The processing of nonsealable conveyances will be simplified. (2) Persons will not be excluded from the use of the access routes because they belong to a particular political party or other political category. (3) Through service on trains and buses will be expanded and passengers will not be subject to inspection or delay. (4) Persons using individual vehicles will not be subject to search or exclusion except under conditions agreed on between German authorities where there is sufficient reason to suspect that misuse of the access routes is intended. (5) Fees for the utilization of the access routes will be paid in a lump sum by the Federal Government on an annual basis, thus eliminating the requirement for individual travelers to make such payments. This includes visa fees for German nationals and non-Germans having permanent residence in the Federal Republic or the Western sectors of Berlin.

*The Relationship Between the Western Sectors and the Federal Republic.* The Quadripartite Agreement confirms that the Western sectors are not a constituent part of the Federal Republic and will not be governed by it. This is in accordance with the position taken by the three Western Powers at the time the Federal Republic was established. Within this framework, the ties between the Western sectors and the Federal Republic will be maintained and developed. The Federal Assembly will not meet in Berlin to elect the Federal President, and the Federal Parliament (Bundestag) will not meet there in plenary session. Single committees of the Parliament may continue to meet in the Western sectors in connection with maintaining and developing the ties between those sectors and the Federal Republic of Germany. The caucuses of the Federal Parliament may meet in

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Berlin but not simultaneously. The Federal President, the Federal Chancellor, the Federal Cabinet, the Federal Ministers and Ministries, and the branch offices of those Ministries, the Bundesrat, and the Bundestag and all Federal courts will not exercise direct state authority over the Western sectors.

Reflecting the continuation of the close ties between the Western sectors and the Federal Republic, the three powers have long relied on the Federal Republic to represent the Western sectors abroad and this practice has been uniformly accepted in non-Communist countries. In the Quadripartite Agreement the Soviet Union for the first time acknowledged the legitimacy of this practice, including the holding of international meetings in Berlin sponsored jointly by the Senat and the Federal Republic, and the inclusion of Berlin residents in teams and delegations of the Federal Republic. Where appropriate Berlin has been included in treaties concluded by the Federal Republic through a Berlin Clause. The Soviet Union also acknowledged that residents of the Western sectors could travel on Federal passports.

*Expanded Travel and Communication Possibilities for Residents of the Western Sectors.* Permanent residents of the Western sectors will be able to visit East Berlin and the German Democratic Republic for a total of 30 days annually. These may take the form of one-day visits or visits of longer duration. Additional visits beyond the 30-day quota will be possible for certain categories of travelers as agreed upon by the Senat and GDR authorities. Additional crossing points will be opened to facilitate this travel, as will offices where residents of the Western sectors can obtain authorization from East German representatives for the visits. On the basis of an earlier but related inner German agreement, telephone lines have been opened between the Western sectors and East Berlin and the number of these lines is being expanded.

*Berlin Exclaves.* The Steinstuecken exclave will be joined directly to the Western sectors through an exchange of territory. Other territorial exchanges involve uninhabited areas.

*Soviet Presence.* Under the terms of the Quadripartite Agreement, the Soviet Union will be authorized to open a consulate general and to increase its unofficial commercial representation in the Western sectors. The number of Soviet personnel involved is defined in the Agreement and amounts to approximately 50. In this connection the Soviet Union will be permitted to take possession of certain property belonging to it in the Western sectors either for utilization, sale, or exchange.

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