Foreign Relations of the United States, 1958–1960, Berlin Crisis, 1959–1960; Germany; Austria, Volume IX

198. Telegram From the Department of State to the Embassy in Germany⁰

Washington, June 28, 1960, 9:30 p.m.

2754. Re Paris tel 6039.¹ French Embassy has approached Department to stress need at present time to make certain that Occupying Powers are doing all they can to ensure avoidance of actions in Berlin which might unnecessarily provide Soviets with pretext to claim Occupying Powers have defaulted on their rights. French accordingly believe British, US and French Embassies Bonn, assisted by Berlin Missions as appropriate, should engage in study of following points:

1. General attitude of FedRep authorities. Although Chancellor and FonOff aware of nuances, other Federal Ministries apparently assume greater degree of FedRep jurisdiction exists in Berlin than is actually case. French also fear that with Brandt possible SPD candidate, 1961 German political campaign may deteriorate into competing effort by CDU and SPD to emphasize links between FedRep and Berlin.

2. Attitude of Occupying Powers towards links between FedRep and Berlin. French believe that in past three Powers have perhaps been overly anxious to avoid displeasing Germans and Berliners.

3. Precise information to be developed on:

a. Mantelgesetz procedure.

b. Other relevant Berlin legislative procedures.

c. Public manifestations of Federal power in Berlin, such as presence of Federal ministries, Presidential visits, meetings of legislative bodies, etc.

d. Other activities in Berlin which might give Soviets pretext to challenge occupation status.

Embassy representative said French attached importance to foregoing exercise but did not necessarily believe it had to be done on crash basis. Indicated similar approach being made to British FonOff.

Departmental officer noted that history past ten years has shown differing emphasis between three Occupying Powers as to desirable relations FedRep and West Berlin. Pointed out there was no difference in principle regarding desirability avoiding giving Soviets any unnecessary pretext to claim Occupying Powers actually not behaving as such, although it was a fact that if they wanted to start trouble, Soviets or GDR could always find pretext somewhere in Berlin. Opinion was expressed that study of kind envisaged by French could serve useful purpose in assembling basic facts regarding existing practices in areas indicated. However, at this point we would presumably not wish to take specific position on details until review of findings completed and recommendations of Embassy and Berlin Mission available for consideration.

For Embassy Bonn: Assuming British concur, Department authorizes participation in tripartite study along lines indicated drawing on Berlin Missions as required. Assume French will raise matter in Bonn and provide further details as to what they have in mind. We are aware that Embassy and USBER are informed regarding existing Berlin legislative and administrative procedures, but French seemed to feel need for fuller details. French motives for study are presumably those indicated reftel, although immediate concern apparently aroused by experience in case of water management law. Tripartite study referred to Deptel 587 to Berlin² could presumably be incorporated in broader Embassy review. No reference made by French Embassy representative to so-called “secret activities” mentioned by de Leusse, and this is obviously area where tripartite consideration seems inappropriate.³

Herter

0. Source: Department of State, Central Files, 762.0221/6–2360. Confidential. Drafted by Hillenbrand and approved by Kohler. Repeated to Paris, London, Berlin, and Moscow.

1. Dated June 23, telegram 6039 from Paris reported that de Leusse had discussed various problems relating to Berlin with an Embassy officer, including Western control over Berlin legislation, strong opposition to meetings of Bundestag or Bundesrat in the city, and control of secret agencies. (Ibid.)

   In commenting on this telegram, the Embassy in Bonn hoped that the United States would not support the French regarding the meetings of the Bundestag and Bundesrat, pointing out that the Soviet Union could always find reasons to harass Berlin, and that it was not the time to show signs of weakness or retreat. (Telegram 947 from Bonn, June 24; ibid., 762.0221/6–2460)

2. Dated June 15, telegram 587 to Berlin suggested the need for a tripartite study in Berlin concerning the supervision and review process of local legislation. (Ibid., 962A..7301/6–260)
3. The first meeting of the tripartite study group took place on July 4 at Bonn. Following discussion of the three items outlined by de Leusse (see footnote 1 above), the Embassy in Bonn asked the Department of State for further instructions on these questions and reiterated its view that approach to the West Germans concerning the meeting of the Bundestag in Berlin would inevitably involve the United States in German domestic political squabbles. (Telegram 29 from Bonn, July 5; ibid., 762.00/7–560)