Foreign Relations of the United States, 1977–1980, Volume XX, Eastern Europe

120. Telegram From the Department of State to the Embassy in the Federal Republic of Germany¹

Washington, October 5, 1977, 2142Z

240076. Subject: Consular Convention With GDR.² Ref: A) Secto 10027 (Notal);³ B) State 211371 (Notal);⁴ C) Bonn 16114;⁵ D) State 227612 (Notal).⁶

1. On basis of broad agreement reached on separate repeat separate exchange of letters on nationality issue (ref A) Department is prepared to proceed with initial Polansky approach to Klobes on Consular Convention (ref B). Before doing so, however, Embassy Bonn should inform Von Braunmuehl of broad agreement reached between Fischer and Secretary and of our intent to proceed with approach to Klobes and, with reference to his earlier expressed concerns (ref C), should reassure him along following lines.

A. We will provide the FRG a separate bilateral assurance (preferably oral), as requested by Genscher in his September 30 breakfast with Secretary, that U.S. practice respecting rights of FRG Consuls in providing protection for German nationals will not change as a result of the Consular Convention.⁷ This assurance will not repeat not provide a right of first access by FRG Consuls to persons present in the U.S. on the basis of GDR documentation. A request by the FRG for a USG assurance on this latter point has previously been rejected.

B. Recognizing the FRG’s concerns that we not give the GDR ammunition that it could throw back at the FRG, we will delete all but the first sentence of para. 6A of the draft US statement (ref D).

C. With regard to the concerns expressed in paras. 5 and 6, ref C, we will reserve our position to the extent of adding “and cannot be taken as representing, in whole or in part, the views of my government on this issue” to the end of para. 7, ref. D.

2. FYI. Department agrees with EmbOff’s position para. 5, ref. C and does not believe reservation on nationality can be linked to retained responsibilities for Germany as a whole. In general, Von Braunmuehl’s contention that nationality is an essential element of statehood is unpersuasive, since there are numerous contemporary examples of multi-national states (e.g., UK, Soviet Union, CSSR, Yugoslavia), nations that are divided into two or more states (e.g., China, Korea) and nations that are stateless (e.g., Macedonia). In particular, such a linking of nationality and statehood seems to fly in the face of past German argumentation on behalf of the “concept of the nation” which clearly differentiates between the two in order to preserve a rubric for the unity of the German people. End FYI.

3. Report Von Braunmuehl’s reaction ASAP.⁸

Christopher

1. Source: National Archives, RG 59, Central Foreign Policy File, D770363–0861. Confidential; Immediate. Drafted by Gray; cleared by Woessner and in L/M, L/EUR, and SCA/SCS; approved by Goodby. Sent for information to West Berlin, East Berlin, London, Moscow, Paris, and USNATO.
2. The negotiations on the Consular Convention between the United States and the German Democratic Republic reached an impasse on the handling of consular access to German nationals and the definition of German nationals. Dubbed the “nationality question,” it sought to preserve West German access on consular matters in the United States to all German nationals, including those from East Germany. The West German Government maintained that there was one German citizenship—not East and West German citizens—and that Bonn’s representatives retained the right to represent German nationals abroad. In an oral message delivered to Vest on October 31, Von Staden stated “We have never had any doubts that the United States will support us in the questions pertaining to German citizenship” given that “the continuation of German citizenship is one of the elements of the unsolved German question.” The Federal Republic of Germany’s concern, Van Staden continued, was that Washington not commit, during Consular Convention negotiations, to the thesis of two German nations. (Telegram 261674 to Bonn, November 2; National Archives, RG 59, Central Foreign Policy File, D770402–0620)
3. See Document 119.
4. In telegram 211371 to East Berlin, September 2, the Department instructed Polansky to approach Klobes and discuss draft language for separate statements on the question of German nationality as well as possible dates to begin negotiations on other issues concerning the Consular Convention. (National Archives, RG 59, Central Foreign Policy File, D770320–0268) The nationality question revolved around East German attempts to define, within the Consular Convention, a separate East German nationality. In his inaugural address to the Bundestag, West German Chancellor Brandt coined the “two states, one nation” policy to deal with the nationality question. The U.S. Government adopted the same policy after it recognized the German Democratic Republic on September 4, 1974, and supported the Federal Republic of Germany as the sole legitimate successor of the German state.
5. In telegram 16114 from Bonn, September 29, the Embassy reported the reaction of the West German Government to the proposed unilateral declarations on nationality to be delivered at the signing of the Consular Convention between the United States and the German Democratic Republic. Von Braunmuehl, the West German representative in the Bonn Group, stressed that the U.S. position on the nationality question was critical to the West German Government, and asked that the U.S. Government find a way to stress that the Consular Convention did not represent U.S. acquiescence to the East German position (i.e. two German nations). The declaration, Von Braunmuehl stressed, should be drafted in such a way as to prevent its use by the German Democratic Republic in arguing that the United States had accepted its position and, consequently, facilitate its use by the Federal Republic of Germany to argue the contrary. (National Archives, RG 59, Central Foreign Policy File, D770355–0541)
6. In telegram 227612 to East Berlin, September 21, the Department provided the Embassy with draft language on the nationality question. The proposed language, which was for “background purposes only and is not repeat not authorized for release to GDR” stressed that nationality cannot be defined in a Consular Convention, that it is a matter for each state to decide who are its nationals, and that any such definition would have no binding effect on a third state which may hold different views. (National Archives, RG 59, Central Foreign Policy File, D770344–0105)
7. In a meeting at the United Nations on September 30, Vance and Genscher discussed the situation in the Middle East, SALT, MBFR, U.S.-Soviet relations, FRG-Soviet relations, and the ongoing U.S.–GDR negotiations on a Consular Convention. Stressing that the United States had a special responsibility for Germany, Genscher asked Vance that the United States make “the most unequivocal statement by the US endorsing the FRG concept of German sovereignty.” Vance agreed and told Genscher that the United States would provide the West German Government with a separate assurance that the exchange of notes between the United States and the German Democratic Republic would not affect the West German concept of sovereignty. (Memorandum of Conversation, September 30; Department of State, Office of the Secretariat Staff, Cyrus R. Vance, Secretary of State—1977–1980, Lot 84D241, Box 10, Vance NODIS MemCons, 1977)
8. Von Braunmuehl’s reaction was reported in telegram 16784 from Bonn, October 7. Referencing the Vance-Genscher bilateral meeting at the United Nations, Von Braunmuehl told the Embassy that the West German Foreign Ministry prepared a statement with suggestions for the U.S. unilateral declaration to be delivered at the signing of the U.S.–GDR Consular Convention. The West German draft stressed that the German nationality question remains an unresolved issue between the Federal Republic of Germany and the German Democratic Republic and that the U.S. signing of the Consular Convention with the German Democratic Republic did not prejudice the FRG position. (National Archives, RG 59, Central Foreign Policy File, D770370–0454) In telegram 246330 to multiple posts, October 13, the Department informed the Embassy of a revised draft that would be submitted for discussion in the Bonn Group. The draft stressed that the signing of the Consular Convention between the United States and the German Democratic Republic “cannot affect the dispute regarding the issue of German nationality.” (National Archives, RG 59, Central Foreign Policy File, D770376–1168)