Office of the Historian

181. Telegram From the Department of State to the Embassy in Germany1

Washington, November 23, 1956—midnight.

1427. Reference Bonn’s 1977.2 Department suggests it will be inadvisable to send any communication to Soviets at Ambassadorial [Page 434] level unless interference with trains occurs or until official communication is received from Soviets.

Following are Department’s views on basic position which should guide any communication with Soviet authorities concerning military trains or travel of official personnel on Autobahn.

1)
Our rights regarding Berlin stem from the total defeat and unconditional surrender of Germany and are confirmed in agreements establishing zones and sectors of occupation. These rights include, as was recognized from outset (Truman–Stalin exchange of letters of June 14–18, 1945),3 right of free access to our sector of Berlin.
2)
Our right is both to occupy and govern Berlin. We therefore have a right to station forces and personnel in Berlin to carry out governmental functions with all rights of access required for these purposes. We cannot accept any restriction which would limit these rights to garrison forces. U.S. Ambassador exercises functions of former Military Governor with respect to Berlin and has right to send personnel to Berlin for such functions as he may deem appropriate in connection with occupation which includes sending to Berlin dependents and personnel required to support forces in Berlin and to provide for their welfare.
3)
The foregoing discussion is not all inclusive, since our right to govern includes concern for the maintenance of the civilian population in our sector.
4)
We cannot accept any attempt by Soviets of right to determine what personnel are necessary to carry out our responsibilities in Berlin and therefore to determine whether particular individuals are eligible to travel to and from Berlin on occupation business. This is a matter for which we are solely responsible. At the same time we are prepared to document such personnel and show documentation at Soviet checkpoints.
5)
We cannot accept Soviet demand for right to board trains or to inspect individual passengers on trains at checkpoints. No such right was exercised by Soviet authorities under quadripartite agreements prior to 1949 and we consider the New York Agreement of 19494 precludes Soviets from introducing any such practice.

Defense concurs in this message.

Hoover
  1. Source: Department of State, Central Files, 762.0221/11–2456. Confidential; Priority. Drafted by Reinstein; cleared with Eleanor Dulles, Lisle, Hooper, Beam, Kearney, and the Department of Defense; and approved by Murphy. Repeated to Berlin, Heidelberg, London, Moscow, and Paris.↩
  2. Telegram 1977 reported on a tripartite meeting on November 24 at which the French proposed sending a letter of protest to Pushkin while the British and U.S. representatives preferred an oral approach to Kotsiuba. It was finally decided to protest orally to Kotsiuba with a written communication to follow. (Ibid., 762.0221/11–2456)↩
  3. See Foreign Relations,, 1945, vol. III, pp. 135 ff.↩
  4. For text of the agreement ending the Berlin blockade, see ibid., 1949, vol. III, p.751.↩