and Comrade Walter Ulbricht exchanged detailed views about the course of socialist and communist construction in the two countries and discussed urgent problems of the international workers' movement. During the talks they also discussed questions concerning the present international situation, a German peace settlement and the normalization on this basis of the situation in West Berlin, and the strengthening of security and peace in Europe.

II. In the course of the talks the sides reached a decision to conclude a Treaty of Friendship, Mutual Aid and Cooperation Between the Union of Soviet Socialist Republics and the German Democratic Republic." This treaty is an expression of the fact that all-round cooperation between the U.S.S.R. and the G.D.R. is steadily developing and gaining strength and that firm and inviolable relations of fraternity and friendship now exist between the two states. The treaty of friendship puts the seal on this historic achievement of the peoples of the two states, which serves their vital interests and the interests of the entire socialist commonwealth, just as it serves the interests of European peace and security. The treaty will serve the cause of the further deepening and expanding of relations of friendship between the U.S.S.R. and the G.D.R., based on full equality, mutual respect for state sovereignty, noninterference in domestic affairs and the lofty principles of socialist internationalism.

In the face of the existing danger of an aggressive war on the part of the militarist and revanchist forces, the Soviet Union and the German Democratic Republic have solemnly declared in the treaty that one of the basic factors of European security is the inviolability of the state borders of the German Democratic Republic. They confirmed their firm resolve, in conformity with the Warsaw Treaty of Friendship, Cooperation and Mutual Aid," jointly to ensure the inviolability of these borders and to take all necessary steps to prevent aggression on the part of the forces of militarism and revanche, which are striving for a revision of the results of World War II.

It goes without saying that the treaty of friendship between the U.S.S.R. and the G.D.R. does not in the least lessen the urgency of the questions of eliminating the vestiges of World War II, which must find their solution through the conclusion of a German peace treaty and the normalization on its basis of the situation in West Berlin. The sides proceed from the premise that until a German peace treaty is concluded, the U.S.A., Great Britain and France will continue to bear their responsibility for the implementation on the territory of the Federal Republic of Germany of the demands and commitments jointly undertaken by the governments of the four powers according to the Potsdam" and other international agreements aimed at eradicating German militarism and Nazism and at preventing German aggression.

Contributing to the cause of strengthening peace and European security and once again confirming the fidelity of the Soviet Union and the German Democratic Republic to the Leninist principle of the peaceful coexistence of states with different political systems, the treaty of friendship, in the profound conviction of the sides, will work in the direction of stabilizing the international situation in Europe and easing tension throughout the world.

The Soviet Union and the German Democratic Republic believe that in the interests of a firm and reliable peace in Europe it is especially necessary to exert still greater efforts aimed at eliminating the vestiges of World War II, concluding a German peace treaty and turning West Berlin into a free, demilitarized city on this basis. Taking into account the fact that West Berlin is in the center of the G.D.R. and lies on its territory, the German Democratic Republic's consent to turn West Berlin into a free, demilitarized city indicates the readiness of the G.D.R. to take a major step in the interests of agreement and is yet another

40 Ante, doc. IV-73.

"Text in American Foreign Policy, 1950–1955: Basic Documents, vol. I, pp. 1239-1242.

See 1945 Foreign Relations, The Conference of Berlin (The Potsdam Conference), vol. II, pp. 1478-1514.

confirmation of its allegiance to the interests of peace and its desire to contribute to the cause of relaxing international tension. The sides are deeply convinced that the conclusion of a German peace treaty could, in today's conditions, become a turning point in the cause of cleansing the entire international atmosphere. If a German peace settlement were implemented and the situation in West Berlin normalized on this basis, this would virtually eliminate the source of the especially dangerous tension in international relations, which is prompting the mightiest world powers to concentrate their armed forces against one another. The governments and statesmen of the Western countries must display an understanding of the situation that has developed and of their responsibility for preventing war. The German question cannot be solved by war. Yet even though this is already clear to everyone, the F.R.G. and the entire NATO bloc are continuing their arms-race policy, building up their armed forces and carrying out other military preparations. It is precisely this contradiction that represents the basic danger, for it can ultimately lead to a tension that will burst out into a catastrophe.

The German question can be resolved only and exclusively on the basis of respect for the real facts that exist in the world and on German soil. This means, first of all:

recognition of the existing sovereign German states, the German Democratic Republic and the Federal Republic of Germany, voluntary and equal cooperation between which is the only path for the creation of a united peace-loving democratic Germany;

legal confirmation of the existing borders of the German states;

normalization of relations with the two German states and between the German states themselves on the basis of peaceful coexistence and cooperation.

Thus it is necessary only to confirm the situation that has formed, which will entail no sacrifices or losses for any state. On the contrary, everyone will gain the chief thing-the consolidation of peace, a relaxation of tension and liberation from the burden of the arms race.

The admission of both German states to the United Nations would also serve the interests of normalizing the international situation. This would conform to the principle of the universality of the U.N. and would help put an end to so unworthy a phenomenon as the policy of discrimination that is still practiced by certain Western countries in international relations. . . .

The sides consider it necessary to emphasize with all clarity that any aggressive aspirations of the West German militarists and revanchists will meet with the most resolute rebuff. The Soviet Union is a loyal friend and ally of the German Democratic Republic, and in the event of aggression against the G.D.R., no matter where it comes from, it will fulfill to the end its duty as an ally and will come to the aid of the fraternal German Democratic Republic with all the forces at its disposal.

The sides could not fail to call attention to the stepping up of provocational activities in West Berlin on the part of the ruling circles of the F.R.G. The revanchist ventures of the F.R.G. in this city, carried out with the knowledge and connivance of the occupation forces of the three Western powers, may seriously complicate the situation in Central Europe.

West Berlin has never belonged and cannot belong to the F.R.G. The Soviet Union and the G.D.R. regard West Berlin as an independent political entity. This is noted in the Treaty of Friendship, Mutual Aid and Cooperation Between the U.S.S.R. and the G.D.R. . . .

The Chairman of the State Council of the German Democratic Republic informed the Soviet side of the talks between the government of the German Democratic Republic and the West Berlin Senate on the question of visits to the capital of the G.D.R. by residents of West Berlin." The Soviet side fully shares the opinion of the German Democratic Republic that the agreement on passes between the G.D.R. and West Berlin has led to a certain relaxation of tension." It has convincingly proved the feasibility and fruitfulness of businesslike cooperation between representatives of the government of the German DemSee post, docs. IV-81, 83.

43

"See American Foreign Policy: Current Documents, 1963, p. 554.

ocratic Republic and the West Berlin Senate. The more agreements that are concluded between the governments of the two German states and between the government of the G.D.R. and the West Berlin Senate, the sooner will it be possible to establish relations of mutual understanding and cooperation between the German states and the more the cause of peace will benefit.

The open national discussion that was unfolded on the initiative of the German Democratic Republic shows that the G.D.R.'s efforts aimed at making 1964 a year of rapprochement and mutual understanding between the German states are meeting with the growing support of different sections of the West German and West Berlin populations. The proposals of the German Democratic Republic on the creation of a German Council and all-German commissions made up of representatives of the G.D.R. and the F.R.G. plus representatives of West Berlin to discuss questions of culture, education and so on have met with a broad response.* The Soviet Union has expressed complete understanding and support for these efforts on the part of the German Democratic Republic.

Document IV-77

Soviet Protest Against the Establishment of Pan American International Airways Flights Between West Berlin and Western Countries Without the Consent of the German "Democratic Republic": STATEMENT ISSUED BY THE SOVIET NEWS AGENCY, TASS, JUNE 23, 1964 46

On June 20, 1964, the U.S.S.R. Ministry of Foreign Affairs sent a note to the U.S. Embassy in Moscow" in connection with the organization at the end of May. 1964, by Pan American International Airways of an international line extending over the territory of the G.D.R. between West Berlin and the Western countries, without the consent of the appropriate agencies or organizations of the G.D.R.

The Soviet side again stated in this connection that the flights of airplanes making international connections, inasmuch as they have not been cleared with the G.D.R. agencies, are considered unlawful, and warned that the safety of such flights, carried out in violation of existing agreements or rules, cannot be guaranteed. Hence the responsibility for possible undesired consequences will lie with the American side.

A similar note of the U.S.S.R. Ministry of Foreign Affairs has been sent to the Embassy of Great Britain in Moscow as well.

Document IV-78

The Allied Right of Air Access to Berlin Without Restriction as to Origin or Destination of Flights: STATEMENT READ BY THE DIRECTOR OF THE OFFICE OF NEWS (PHILLIPS), DEPARTMENT OF STATE, AT A NEWS CONFERENCE, JUNE 23, 1964 48

49

We did receive a note concerning flights from the United States to Berlin. We are studying the note and will be consulting with our allies who have received similar notes. The notes say that the flights

45

Reference to a letter of May 27, 1964, from Chairman Ulbricht to Chancellor Erhard of the Federal Republic of Germany.

"The Current Digest of the Soviet Press, vol. XVI, No. 25, July 15, 1964, p. 23. 47 Not printed.

"Department of State Bulletin, July 13, 1964, p. 44.

"See supra.

are "illegal" in the absence of agreement between the airline and the authorities of the so-called "German Democratic Republic," and that the Soviets will withhold as to these flights what they term their "guarantee of flight safety."

The rights of the three Western Powers to air access to and from Berlin arise from the Allied defeat of Nazi Germany and have been confirmed by Four Power agreements establishing the Berlin air corridors.50 These rights of access are for unrestricted flight by Allied aircraft and are without restriction as to the origin or destination of such flights.

The three Western Powers, pursuant to Four Power agreements and procedures of long standing, file flight plans in the Berlin Air Safety Center and pass them to the Soviets solely for their information, so that they may adjust their own flights accordingly.

These agreements do not call for any statement by the Soviets of a "guarantee of flight safety."

These flights are continuing on a normal basis. The U.S. Government will hold the Soviet Government responsible for the safety of all American aircraft in the Berlin air corridors.51

Document IV-79

Soviet Protest Against Plans for the Election of the President of the Federal Republic of Germany in West Berlin, July 1, 1964: NOTE FROM THE SOVIET FOREIGN MINISTRY TO THE AMERICAN EMBASSY IN Moscow, JUNE 25, 1964 52

The Ministry of Foreign Affairs of the Union of Soviet Socialist Republics pays its respects to the U.S. Embassy and, in connection with the Embassy's note of June 13, 1964, and upon the instructions of the Soviet government, states the following:

53

The Soviet government is compelled to assert that the U.S. government, acting in disregard of international agreements and generally known facts, and in contradiction to even its own official statements, is attempting to justify a new provocation on the part of Bonn, which has undertaken to hold elections for the Presidency of the F.R.G. in West Berlin on July 1, 1964.

As is well known, West Berlin has never been part of and is not now part of the Federal Republic. This is acknowledged by everyone, including the three Western powers. The U.S.A., Britain and France especially stipulated this when

50 See 1945 Foreign Relations, The Conference of Berlin (The Potsdam Conference), vol. I, p. 136; Documents on Germany, 1944-1961 (Committee print of the Senate Committee on Foreign Relations, 87th Cong., 1st sess.), pp. 41-55, 63–74, 775-776; American Foreign Policy: Current Documents, 1961, pp. 648-652.

In reply to the Soviet note of June 20, 1964, the French, U.K., U.S. Governments, in notes delivered to the Soviet Foreign Ministry Aug. 24 (not printed). reaffirmed their unrestricted right of air access to Berlin and emphasized that the U.S.S.R. would bear responsibility for the consequences of any attempt tc interfere with or impair the safety of such flights. (For the text of a statement on these replies released by the Department of State and the American Embassy in Moscow, Aug. 24, see the Department of State Bulletin, Sept. 14, 1964, pp. 368-369.)

52 The Current Digest of the Soviet Press, vol. XVI, No. 26, July 22, 1964, p. 17. Similar notes were sent on the same day to the French and U.K. Embassies in Moscow.

53 Not printed.

the F.R.G. Constitution was ratified, inasmuch as they were striving to somehow protect their rights in West Berlin.

The claims of the F.R.G. authorities to West Berlin, which is an independent political entity, and their hostile activities in the territory of this city, directed against the interests of other states, are thus a direct and open violation of international law and order.

But in point of fact this is one of the manifestations of the dangerous policy of the revanchist circles of the F.R.G., aimed at the revision of the results of the second world war.

It has never yet happened in history that a parliament has left the confines of its own country and traveled abroad in order to elect a president. The F.R.G. authorities are undertaking this also in order to, as they say, "fortify" their claims to West Berlin. It is difficult to suppose that the U.S. government does not understand the meaning of these actions. A veritable clap of thunder would be required for diplomacy to remember the logic of life.

It goes without saying that the dual nature of U.S. policy cannot remain unnoticed when in words it says that West Berlin is not part of the F.R.G., but in fact this policy turns out to be the accomplice of the intrigues of the Bonn authorities in this city.

The Soviet government hereby confirms its viewpoint as stated in its note of April 22, 1964. It considers it necessary to point out anew the provocational nature of the actions of the F.R.G. with regard to West Berlin directed at aggravating the situation in Central Europe. Interpreting such actions as one of the links in the chain of the aggressive policy of the forces of militarism and revanchism, which are striving for the revision of the results of the second world war, the Soviet government is confronted with the necessity of giving notice as to the obligations it has assumed in order to ensure the inviolability of the borders of the German Democratic Republic.

Inasmuch as the U.S.A. is in this instance for all practical purposes ready to be led by the West German authorities, then, needless to say, it is taking upon itself the responsibility for all possible undesirable consequences of this."

Document IV-80

Allied Assertion of Unchanged Soviet Obligations Under Agreements With the Three Western Powers on Germany and Berlin: TRIPARTITE DECLARATION ISSUED BY THE FRENCH, U.K., AND U.S. GovERNMENTS, JUNE 26, 1964 56

The Governments of France, the United Kingdom and the United States, after consulting with the Government of the Federal Republic of Germany, wish to state the following with regard to the agreement signed by the Soviet Union and the so-called "German Democratic Republic" on June 12, 1964.57 This agreement, among other things, deals with questions related to Germany as a whole and to Berlin in particular.

1. As the Soviet Government was reminded before the signing of this agreement, it is clear that any agreement which the Soviet Union may

Not printed.

The West German Federal Assembly, a body which meets only once every 5 years to elect a President of the Federal Republic of Germany, elected Heinrich Lübke, in Berlin, July 1, 1964.

56 Department of State Bulletin, July 13, 1964, pp. 44-45. The text of the tripartite declaration was also made available at Bonn, where, in a separate declaration, the Federal Republic of Germany expressed its support for the aims of the tripartite declaration.

Ante, doc. IV-73.