Status of Berlin, May-December 1960 537



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

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

    83. Your 57.1 Our basic concern in examining all issues re relation-
ships FedRep-Berlin including Radio Law is maintenance status and se-
curity Berlin. We concur we must be constantly alert any FedRep actions
which might undermine our legal position in Berlin (although we re-
main unconvinced by French and British arguments law in present form
might so do). On other hand we must also be constantly alert Soviet ef-
forts undermine our position, which at this time are largely in area psy-
chological 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 suc-
cesses 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 antici-
pated 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 "understand-
ings" on their part they did not communicate them to Soviets or for
that


    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 Ra-
dio 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.