Foreign Relations of the United States, 1958–1960, Berlin Crisis, 1958–1959, Volume VIII

372. Telegram From Secretary of State Herter to the Department of State⁰

Geneva, June 8, 1959, 10 p.m.

Cahto 90. Eyes only for Ambassadors Moscow, eyes only Chargé USRO and Berlin, eyes only for Burgess and Gufler. Paris pass USRO.

Private meeting today at Gromyko’s Villa made no progress. Gromyko continued refusal to consider signing any agreement reaffirming our rights. Following paper (refinement draft contained Cahto 78)¹ earlier in day agreed by Couve, Selwyn, von Brentano and myself,² was given Gromyko who said he would study but preliminarily considered it “one-sided” and saw no change in substance Western position:

• “1. The Ministers of Foreign Affairs of the United States, France, the United Kingdom and the USSR have examined the question of Berlin in the desire to find mutually satisfactory solutions to the problems which have been raised and which derive essentially from the division of Berlin and of Germany. The four Ministers recognize that the agreements at present in force, which are based on the rights acquired as a result of the unconditional surrender of Germany, could be supplemented in certain respects without prejudice to the continued validity of the rights themselves.
• 2. The Minister of Foreign Affairs of the USSR has declared the intention of the Soviet Government to withdraw its forces from Berlin. The Ministers of Foreign Affairs of France, the United Kingdom and the United States declare that it is the intention of their governments not to increase the combined total of the forces they now maintain in Berlin. They further declare that they may be able to reduce such forces, but only to the extent, consistent with their responsibilities, that developments in Berlin permit.
• 3. The Ministers consider that measures could be taken consistent with fundamental rights and liberties to avoid in both parts of Berlin activities which might either disturb public order or seriously affect the rights and interests of the different parties.³
• 4. The Ministers reaffirm on behalf of their governments the existing rights and obligations with respect to free and unrestricted access to Berlin by land, by water, and by air, including those of the French, United Kingdom and United States forces stationed in Berlin. These rights and obligations shall continue to be maintained for all persons, goods and communications. The procedures applicable shall be those in effect in April, 1959. These procedures, however, may be carried out by German personnel, it being understood that none of the existing responsibilities are changed.⁴ The Ministers likewise reaffirm that free access shall continue to be maintained between East Berlin and West Berlin. All disputes which might arise with respect to access will be raised and settled between the four governments. The latter will establish a quadripartite commission which will meet in Berlin to examine any difficulties arising out of the application of the present paragraph and to facilitate their settlement.
• 5. The Ministers agree that the arrangements herein agreed to will continue in force until the reunification of Germany.”

Herter

0. Source: Department of State, Central Files, 762.00/6–859. Secret. Drafted by Merchant. Repeated to Bonn, London, Moscow, Paris, and Berlin. An eight-page detailed memorandum of the conversation, US/MC/88, is ibid., Conference Files: Lot 64 D 560, CF 1340.
1. Cahto 78, June 6, transmitted the draft printed below with the exceptions of the differences noted in footnotes 3 and 4. (Ibid., Central Files, 762.00/6–659)
2. A memorandum of the conversation at this meeting at 2:45.p.m., US/MC/91, is ibid., Conference Files: Lot 64 D 560, CF 1340.

3. Paragraph 3 of the draft transmitted in Cahto 78 reads:

   “The Foreign Ministers consider that measures should be taken in Berlin, consistent with fundamental rights and liberties, in order to avoid activities which might either disturb public order or constitute an interference into the domestic affairs of others.”

4. Paragraph 4 of the draft transmitted in Cahto 78 had certain minor wording differences, but only the following two sentences after this point in the paragraph:

   “All disputes which might arise with respect to access will be raised and settled between the four governments. The Foreign Ministers reaffirm that freedom of movement shall be continued to be maintained between East and West Berlin.”