[That the forces of the Western Powers should remain in Berlin until German reunification] is the position we have taken, and we see no reason to move away from it.

What they [the Russians] have said is that they put no time limit on the negotiations, which in effect meant that there would be no unilateral action on their part, while the negotiations are continuing.

[Handing over administration of the Western Powers' access to Berlin to the East Germans] is very much their goal. In fact, there was a message from Mr. Khrushchev to the East Germans sent, I think today, congratulating them on the valiant stand that they are making to get rid of the occupation forces in Berlin."

244. STATUS OF THE BERLIN PROBLEM FOLLOWING THE EISENHOWER-KHRUSHCHEV TALKS: Reply Made by the President (Eisenhower) to a Question Asked at a News Conference, October 28, 1959 1

1

What was achieved at Camp David was this: a statement that I made, later corroborated by the Chairman of the Council of Ministers of the Soviets,2 that any negotiations about Berlin would be not necessarily or needlessly-some such adverb-prolonged, but that there would be no time limit fixed upon it.

Now, the Berlin question was not discussed there except in that context. There was no attempt here for us to lay out a formula, or the other side to lay out a formula, where the Berlin or German questions would be solved.

This matter we now can negotiate without the feeling on all the free world that there is not-without an axe hanging over our heads; that's all.

245. SOVIET PROTEST OF THE ILLEGALITY OF THE PROPOSED ESTABLISHMENT OF A WEST GERMAN RADIO STATION (DEUTSCHLANDFUNK) IN WEST BERLIN: Note Handed to the American Ambassador at Moscow (Thompson) by the Soviet Deputy Foreign Minister (Semenov), November 11, 1959 1a

The Government of the Union of Soviet Socialist Republics considers it necessary to draw the attention of the Government of the United States of America to the following question:

"See ante, doc. 239.

Chairman Khrushchev's message was sent in connection with the celebration of the 10th anniversary of the establishment of the German "Democratic Republic."

1 The reply printed here is taken from p. 756 of Public I apers of the Presidents of the United States: Dwight D. Eisenhower, 1959.

2

See post, doc. 317.

Department of State Bulletin, Jan. 4, 1960, p. 8.

On 30 September the Government of the FRG [Federal Republic of Germany] approved and sent to the Bundestag for its consideration draft legislation on radio broadcasting which provided for the establishment in West Berlin of the West German radio station "Deutschland-Funk”. According to the draft legislation the radio station would be run by representatives of the FRG and of the Laender.

This decision of the Government of the FRG is illegal because it is incompatible with the existing statute of West Berlin. As is generally known-and was confirmed by the participants of the Geneva Conference of Foreign MinistersWest Berlin has never been a part, and is not now a part, of the state territory of the FRG, cannot be governed by organs of the Federal Government, nor does the jurisdiction of FRG authorities extend to it.'

It must be noted that this is not the first time the Government of the FRG has attempted illegal interference in the internal affairs of West Berlin. The Soviet Government has already called the attention of the Government of the USA to this fact, particularly in connection with the holding of elections in West Berlin for president of the FRG.' Recently the authorities of the FRG again selected West Berlin as a place for holding elections, for purposes of show-this time for president of the West German Bundesrat.'

The creation of the radio station in West Berlin now being undertaken by the Government of the FRG cannot be looked upon as other than an attempt to intensify subversive activity and hostile propaganda from the territory of West Berlin, which testifies to its lack of desire to take into consideration the readiness expressed by participants of the Geneva Conference to resolve the question of not permitting such activity.

The plan for the creation of a West German radio station in West Berlin, in the center of another state, clearly has as its purpose the intensification of hostile activity against the German Democratic Republic. The Soviet Government considers the aforementioned activities of the Government of the FRG as a new provocation which is calculated to make the atmosphere in Berlin and all of Germany more tense and to fan the flames of the "cold war" in the center of Europe. The activities of the Government of the FRG cannot be considered as anything but a premeditated attempt to interfere with the successful conclusion of forthcoming negotiations on the Berlin question at a time when more favorable foundations for the attainment of an agreement on West Berlin have been created as a result of conversations between the Chairman of the USSR Council of Ministers N. S. Khrushchev and the President of the USA D. Eisenhower.

In connection with the foregoing the Soviet Government expects that the Government of the USA which has repeatedly declared that it, together with the Governments of Great Britain and France, bears responsibility for the situation in West Berlin-will take the necessary measures to preclude the possibility of the authorities of the FRG conducting such illegal activities with respect to West Berlin.

Similar notes are also being sent by the Soviet Government to the Governments of Great Britain and France.

For the text of the constitution of (West) Berlin, which entered into force Ort 1, 1950, see Berlin: Development of Its Government and Administration HICOG Historical Division monograph No. 16), pp. 233-252. See also the Allied Kommandatura's letter of Aug. 29, 1950, suspending certain articles of the constitution; ibid., p. 231.

Heuss as President of the Federal Republic of Germany.

Reference to the July 1, 1959, election of Heinrich Luebke to succeed Theodor

'This election was held Oct. 26, 1959.

'See post, doc. 317.

246. INVALIDITY OF THE SOVIET CLAIM OF WEST GERMAN INTERFERENCE WITH THE SPECIAL STATUS OF BERLIN: Note From the American Embassy at Moscow to the Soviet Ministry of Foreign Affairs, Delivered December 15, 19591

2

The Government of the United States received the Soviet Government's note of November 11, 1959 with some surprise, for it appears to have been prompted by certain misapprehensions about those procedures and safeguards which have long been in effect regarding the application of Federal German legislation and the operation of Federal German agencies in Berlin. The importance which the United States, as one of the occupying powers, attaches to the maintenance of the special status of Berlin has been dealt with in numerous communications to the Soviet Union.

The Government of the United States wishes to reaffirm the principle of four power responsibility for Greater Berlin and notes that the desire of the Soviet Government to avoid interference with Berlin's special status is reflected in the reference note.

In view of the experience of the past ten years, it seems superfluous to remind the Soviet Government of the arrangements which the occupation authorities have long kept in force to insure that the relationships of the German Federal Republic and Berlin are compatible with the special status of the city. The Government of the United States is not aware that any proposal raised to date for the establishment of a Deutschlandfunk contains features which are incompatible with the special status of Berlin.

In view of the foregoing, the Government of the United States believes that the considerations expressed by the Soviet Union in its note are not valid.

1

1 Department of State press release No. 861, Dec. 16, 1959 (text as printed in the Department of State Bulletin, Jan. 4, 1960, pp. 7-8).

E. Relations With Certain Countries and Concerning Certain Problems of the Area

THE CYPRUS SETTLEMENT

247. AGREED FOUNDATION FOR THE FINAL SETTLEMENT OF THE PROBLEM OF CYPRUS: Memorandum Adopted by the Governments of the United Kingdom, Greece, and Turkey, London, February 19, 19591

The Prime Minister of the United Kingdom of Great Britain and Northern Ireland, the Prime Minister of the Kingdom of Greece and the Prime Minister of the Turkish Republic,

Taking note of the Declaration by the Representative of the Greek-Cypriot Community and the Representative of the Turkish-Cypriot Community that they accept the documents annexed to this Memorandum as the agreed foundation for the final settlement of the problem of Cyprus,

Hereby adopt, on behalf of their respective Governments, the documents annexed to this Memorandum and listed below, as the agreed foundation for the final settlement of the problem of Cyprus.

B.-Treaty of Guarantee between the Republic of Cyprus and Greece, the United Kingdom and Turkey.

C-Treaty of Alliance between the Republic of Cyprus, Greece and Turkey. D. Declaration made by the Government of the United Kingdom on February 17, 1959.

E-Additional Article to be inserted in the Treaty of Guarantee.

F-Declaration made by the Greek and Turkish Foreign Ministers on Febnary 17, 1959.

G-Declaration made by the Representative of the Greek-Cypriot Community on February 19, 1959.

H-Declaration made by the Representative of the Turkish-Cypriot Community on February 19, 1959.

I-Agreed Measures to prepare for the new arrangements in Cyprus.

(a)

Basic Structure of the Republic of Cyprus

1. The State of Cyprus shall be a Republic with a presidential régime, the President being Greek and the Vice-President Turkish elected by universal suffrage by the Greek and Turkish communities of the Island respectively.

2. The official languages of the Republic of Cyprus shall be Greek and Turkish. Legislative and administrative instruments and documents shall be drawn up and promulgated in the two official languages.

3. The Republic of Cyprus shall have its own flag of neutral design and colour, chosen jointly by the President and the Vice-President of the Republic.

Authorities and communities shall have the right to fly the Greek and Turkish flags on holidays at the same time as the flag of Cyprus.

The Greek and Turkish communities shall have the right to celebrate Greek and Turkish national holidays.

4. The President and Vice-President shall be elected for a period of five years. In the event of absence, impediment or vacancy of their posts, the President and the Vice-President shall be replaced by the President and the Vice-President of the House of Representatives respectively.

In the event of a vacancy in either post, the election of the new incumbents shall take place within a period of not more than 45 days.

The President and the Vice-President shall be invested by the House of Representatives, before which they shall take an oath of loyalty and respect for the Constitution. For this purpose, the House of Representatives shall meet within 24 hours after its constitution.

5. Executive authority shall be vested in the President and the Vice-President. For this purpose they shall have a Council of Ministers composed of seven Greek Ministers and three Turkish Ministers. The Ministers shall be designated respectively by the President and the Vice-President who shall appoint them by an instrument signed by them both.

The Ministers may be chosen from outside the House of Representatives. Decisions of the Council of Ministers shall be taken by an absolute majority. Decisions so taken shall be promulgated immediately by the President and the Vice-President by publication in the official gazette.

However, the President and the Vice-President shall have the right of final veto and the right to return the decisions of the Council of Ministers under the same conditions as those laid down for laws and decisions of the House of Representatives.

6. Legislative authority shall be vested in a House of Representatives elected for a period of five years by universal suffrage of each community separately in the proportion of 70 per cent. for the Greek community and 30 per cent. for the Turkish community, this proportion being fixed independently of statistical data. (N.B. The number of Representatives shall be fixed by mutual agreement between the communities.)

The House of Representatives shall exercise authority in all matters other than those expressly reserved to the Communal Chambers. In the event of a conflict of authority, such conflict shall be decided by the Supreme Constitutional Court which shall be composed of one Greek, one Turk and one neutral, appointed jointly by the President and the Vice-President. The neutral judge shall be president of the Court.

7. Laws and decisions of the House of Representatives shall be adopted by a simple majority of the members present. They shall be promulgated within 15 days if neither the President nor the Vice-President returns them for reconsideration as provided in Point 9 below.

The Constitutional Law, with the exception of its basic articles, may be modified by a majority comprising two-thirds of the Greek members and two-thirds of the Turkish members of the House of Representatives.

Any modification of the electoral law and the adoption of any law relating to the municipalities and of any law imposing duties or taxes shall require a simple majority of the Greek and Turkish members of the House of Representatives taking part in the vote and considered separately.

On the adoption of the budget, the President and the Vice-President may exercise their right to return it to the House of Representatives, if in their judgment any question of discrimination arises. If the House maintains its decisions, the President and the Vice-President shall have the right of appeal to the Supreme Constitutional Court.

8. The President and the Vice-President, separately and conjointly, shall have the right of final veto on any law or decision concerning foreign affairs, except the participation of the Republic of Cyprus in international organisations and