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

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

Washington, July 8, 1960, 9:17 p.m.

83. Your 57.¹ Our basic concern in examining all issues re relationships Fed Rep–Berlin including Radio Law is maintenance status and security Berlin. We concur we must be constantly alert any FedRep actions which might undermine our legal position in Berlin (although we remain unconvinced by French and British arguments law in present form might so do). On other hand we must also be constantly alert Soviet efforts undermine our position, which at this time are largely in area psychological cold warfare. Principal Soviet target at moment appears be Berlin population’s feeling association with rest free Germany and sense forward movement through developing ties with FedRep. Since these are probably basic to West Berlin’s morale and since we cannot maintain our position in long run without confidence Berliners, we see considerable danger in this instance in appearing allow Soviets rather than ourselves be judges what is or is not compatible with special status Berlin. We are further concerned that Soviets might follow up any successes they score in politico-psychological field by blows aimed at equally vital economic relations between FedRep and Berlin.

We are rather surprised that French and British on balancing two factors mentioned above do not share our view of dangers interference in Federal process, which could not be kept from public and on Berlin aspect of which Western Powers have already taken public position. Such interference would inevitably be regarded as yielding to anticipated renewal Soviet objections and disadvantages are greater than any dangers of beclouding Berlin’s legal status by permitting law to be passed and applied in Berlin by Berlin legislature under Mantelgesetz procedure.

We find French and British attitude all more difficult understand because of firm public position French and British took in their notes Dec. 16² (if there were any underlying “assumptions” or “understandings” on their part they did not communicate them to Soviets or for that matter to Germans and ourselves) and because of your view that interference in legislative process would be unsuccessful at this late stage in any case. We are not of course objecting to removal Berlin clause from bill if this results from action by Federal Govt.

We do not exclude possibility that proposed Deutschlandfunk, like any other Federal agency operating in Berlin, might at some time contemplate or take some specific action which Allied authorities might find incompatible with Berlin’s status or security. We have reserved adequate powers for Allied Kommandatura deal with such excesses and we should not hesitate recommend their use if we thought it necessary.

We expect convey foregoing views to British and French here. You should take same line.

Dept studying considerations involved in Berlin Bundestag meeting in light latest Khrushchev statement.³ We also hope have Embassy’s views shortly re any measures necessary assure review of Federal legislation in time prevent difficulties of type which have arisen in other cases, e.g. Water Management Law.

Dillon

0. Source: Department of State, Central Files, 762.0221/7–160. Confidential. Drafted by McKiernan; cleared with Hillenbrand, McSweeney, and Wehmeyer; and approved by Kohler. Repeated to Berlin, Paris, London, and Moscow.
1. Dated July 7, telegram 57 from Bonn reported on a quadripartite meeting on July 7 at which a Federal Republic law which would have made Berlin the seat for a Federal Radio Corporation was discussed with firm opposition to it registered by the French. (Ibid., 762.0221/7–760)
2. For text of the British note, December 15, 1959, see Dokumente, Band 3, 1959, p. 774. A similar note was sent by the French. For text of the analogous U.S. note, see Department of State Bulletin, January 4, 1960, pp. 7–8.
3. For a transcript of Khrushchev’s press conference at Vienna, July 8, during which he stated that the Soviet Union would sign a peace treaty with the German Democratic Republic if the Bundestag met in Berlin, see Pravda, July 9, 1960, or Current Digest of the Soviet Press, vol. XII, no. 27, pp. 10–11.