Foreign Relations of the United States, 1969–1976, Volume XL, Germany and Berlin, 1969–1972

274. Message From the Ambassador to Germany (Rush) to the President’s Assistant for National Security Affairs (Kissinger)¹

Bonn, July 29, 1971.

1. Yesterday Bahr and I had our concluding session with Falin insofar as reaching final tentative agreement on all issues is concerned. Falin is leaving Friday for Moscow and a final check of all provisions with Gromyko and with the GDR. Next Tuesday Bahr is going to see Brandt, who is on vacation, for a final review session.

2. In our session yesterday, we once more went over the entire agreement and discussed the very troublesome issue of the use of FRG passports in Russia (which for this purpose really includes the entire Warsaw Pact bloc) and the question of a Consulate General.

(A) With regard to the passport problem, Falin says Gromyko is very “stiff” both on legalistic and on emotional grounds. Legalistically Gromyko repeated the arguments that Abrasimov has advanced that in socialist countries passport means citizenship. I again pointed out that this is not relevant for obviously the Soviets must recognize the laws of other countries concerning passport issuance when foreigners visit the Soviet Union. For example, the Soviets accept the use by Lichtensteiners of Swiss passports, Monacans of French passports (I believe) and Andorrans of Spanish passports. In addition, many people have dual passports, and I know of several instances where people carry Dutch and American passports. The Soviet Union accepts the one used by the traveller. Accordingly there is no violation of Russian law if a West Berliner travels on an FRG passport, regardless of what nationality or citizenship the Soviet Union may think he has. After a long discussion, Falin agreed to recommend to Gromyko that an additional clause be added to Annex IV B (1) so that it would read as follows:

(1) The exercise by the FRG of consular functions for permanent residents of the Western section, including the use by such residents of passports of the FRG issued by special procedure, it being understood that such use is not in contradiction of the provisions of Part II B and Annex II.

(B) With regard to the Consulate General, Falin was very emphatic that the Russians consider this to be a top priority item and that it must be included in the text of the quadripartite agreement. He advanced the point that the Russians feel they have been treated very shabbily in West Berlin (!) and that they are unwilling to take an inferior status by having the Consulate General question handled outside the agreement in the same way as the banning of the NPD. He said that not only was Gromyko absolutely adamant in this but that Gromyko had no leeway in the matter since his strict instructions had come from the top. We of course attempted to explain just why the Russians had been treated as they have in West Berlin, the horrible example being the way we have been treated in East Berlin, but Falin stated flatly that he had no power to move. He finally agreed that we would add to the agreement the following as Part II, paragraph E.

E. The Governments of the French Republic, the UK and the USA agree that consular functions for the USSR in the Western sectors will be exercised through its Consulate General. Detailed provisions concerning the establishment and functions of such Consulate General will be made by the parties.

We also agreed that we would have a short minute which would cover the limitations which I recently forwarded to you concerning the Consulate General² and would also include in that minute a statement that during the period between the signing of the quadripartite agreement and the final quadripartite protocol the Four Powers would agree on the details with regard to such items as property claims of the Russians and their desire to expand the activities of Intourist, establish an office for Aeroflot, and a nonofficial trading office.

3. Yesterday we also made some changes in Annex IV concerning representation, and I am enclosing the text as changed. I am sorry that yesterday we left out Part III of the quadripartite agreement, which is the concluding signature section. The text of that is also enclosed.

We redrafted the note to be sent by the three powers to the FRG, clarifying the meaning of the ties provision (Part II B and Annex II) and also the note to be sent to the Senat. The texts of these are attached.³

4. I am leaving for Berlin today for the Ambassadorial meeting tomorrow. Nothing of importance will take place at that time. Falin plans to leave Moscow next Thursday and will go to Berlin, where he expects to join Abrasimov and me when I go to Potsdam on Friday or Saturday to map out the final strategy for the sessions commencing August 10. He may return earlier in which case he will come to Bonn, and Bahr and I will have a final review session with him. Unless something unexpected happens, I would not expect to send you another message until I see Falin again. I would welcome any last minute instructions or guidance you may wish to give.⁴

Warm regards.

1. Source: National Archives, Nixon Presidential Materials, NSC Files, Kissinger Office Files, Box 59, Country Files, Europe, Ambassador Rush, Berlin, Vol. 2. Top Secret; Sensitive; Exclusively Eyes Only. The message was sent through the special Navy channel in Frankfurt. No time of transmission is on the message; a handwritten note indicates that it was received in Washington at 2000Z.
2. See Documents 271 and 272.
3. The proposed texts mentioned in the message are attached but not printed.
4. Kissinger replied by special channel on July 31: “Good Work! I have put the Consulate General into an interdepartmental framework. It will wind up in the desired direction. But it may take a week to ten days. I have explained this problem to Dobrynin.” (National Archives, Nixon Presidential Materials, NSC Files, Kissinger Office Files, Box 59, Country Files, Europe, Ambassador Rush, Berlin, Vol. 2) Kissinger sent NSSM 136 to Rogers and Laird on July 30. The text reads: “The President directs that the IG/EUR prepare a brief discussion of the pros and cons of agreeing to a Soviet Consulate General in West Berlin. The study should include a discussion of the terms under which a Soviet Consulate General would have to operate. The study should also examine the relationship between the success of the Berlin negotiations and a US decision to grant a Soviet Consulate General. The study should be completed and forwarded to the Senior Review Group by August 3.” (National Security Council, NSSM Files, NSSM 136) Deputy Executive Secretary Curran told Colonel Richard T. Kennedy of the NSC staff on July 30 that “the proposed NSSM on the Soviet Consulate General in West Berlin was fine with the Secretary of State.” (Memorandum of conversation; ibid.)