¹ S. Treaty Doc. No. 21, 101st Cong., 2d Sess. 1 (1990).

² Id. at 49–55.

For the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (the “London Dumping Convention”), Dec. 29, 1972, see TIAS No. 8165, 26 UST 2403, 1046 UNTS 120.

¹ S. Treaty Doc. No. 20, 101st Cong., 2d Sess. 1–2 (1990).

The President also called to the attention of the Senate three letters on issues arising in the context of German unification, which were enclosed as attachments to the accompanying report on the Treaty by Secretary of State James A. Baker III. These were (1) a letter from Secretary Baker to Foreign Minister Hans-Dietrich Genscher of the Federal Republic of Germany, dated September 11, 1990, concerning compensation for claims of U.S. nationals for expropriations in the former Soviet zone of occupation in Germany or in the Soviet sector of Berlin, including such claims arising between 1945 and 1949, that had been the subject of intergovernmental negotiations between the United States and the German Democratic Republic; (2) a letter from Prime Minister Genscher and Prime Minister and Foreign Minister Lothar de Maiziere of the German Democratic Republic to their counterparts in the two-plus-four negotiations, dated September 12, 1990, containing the assurances of the two German Governments in regard to, inter alia, protection of a free democratic order in a united Germany, prohibition of parties and associations with National Socialist (Nazi) aims, and the obligation to discuss the international treaties of the German Democratic Republic with the contracting parties concerned; and (3) a letter from Foreign Minister Genscher to Secretary Baker, dated September 18, 1990, giving the assurance of the Federal Republic of Germany regarding settlement after unification of questions of compensation and restitution for claims of U.S. nationals that had been the subject of negotiations between the United States and the German Democratic Republic, as well as for claims of Jewish victims of the Nazi regime against the German Democratic Republic. Id. at 2, 17–19.

For the text of the Treaty, see also 29 ILM 1186 (1990).

² S. Treaty Doc. No. 20, supra note 1, at 15–17.

At the request of the Senate Committee on Foreign Relations, the Department of State furnished the following list of agreements included among those terminated by Article VII of the Final Settlement Treaty:

—the London Protocol of September 12, 1944,

—the Agreement on Control Machinery in Germany of November 14, 1944,

—the Declaration Regarding the Defeat of Germany and the Assumption of Supreme Authority by the Allied Powers of June 5, 1945,

—the Allied Statement on Zones of Occupation in Germany and the Occupation of “Greater Berlin” of June 5, 1945,

—the Allied Agreement on the Quadripartite Administration of Berlin of July 7, 1945,

—the Agreement Further Amending the Protocol of September 12, 1944 to Include France in the Occupation of Germany and Administration of “Greater Berlin” of July 26, 1945,

—the Agreement by the Deputies to the Allied Commanders-in-Chief in Germany on Activation of the Control Machinery of July 31, 1945,

—and the Quadripartite Agreement of September 3, 1971.

Included among the decisions and practices that are terminated are:

—those governing air, land and sea access to and from Berlin and the Federal Republic of Germany,

—those governing the freedom of movement within the four occupation Sectors of Greater Berlin,

—those governing the demilitarization and security of Berlin, and

—those governing the relationship of Berlin and the Federal Republic of Germany,

—and all the Four-Power legislation and directives issued by the Allied Control Council and the Allied Kommandatura in Berlin.

The above list of categories of decisions and practices thus includes such documents as:

—the Decision of the Control Council Approving the Establishment of Air Corridors of November 30, 1945,

—the Decision of the Air Directorate Amending Draft Regulations Governing Flights in the Air Corridors in Germany and the Berlin Control Zone of December 18, 1945 and,

—the General Principles for the Control of Navigation Between Zones on the Inland Waterways of Germany, Approved by the Coordinating Committee on May 16, 1946.

S. Exec. Rep. No. 33, 101st Cong., 2d Sess. 26–27 (1990).

³ S. Exec. Rep. No. 33, supra note 2, at 1–9.

⁴ 136 Cong. Rec. S14,874 (daily ed. Oct. 10, 1990).

The resolution of the Senate Committee on Foreign Relations, reaffirming U.S. policy in regard to the Soviet Union’s forcible incorporation of the three Baltic States, follows:

Resolved,

(a) The Senate finds as follows:

(1) the President and Secretary of State have made repeated statements emphasizing longstanding United States policy to reject, and not recognize, the incorporation of the Baltic States by the Union of Soviet Socialist Republics; and

(2) the President and his representatives have also stressed that this policy is in no way altered or compromised by the provisions of the Treaty on the Final Settlement with Respect to Germany.

(b) It is the sense of the Senate that the President should take all appropriate steps to ensure that the act of United States ratification of the Treaty on the Final Settlement with Respect to Germany, and the affirmation of the definitive nature of the borders of a unified Germany which the treaty entails, are not construed by any government to imply any diminution or compromise of United States determination not to recognize the forceful incorporation of the Baltic States by the Union of Soviet Socialist Republics.

S. Res. 334, 101st Cong., 2d Sess., id. at S14,863.

⁵ Oct. 23, 1954, 6 UST 5689, TIAS No. 3426, 334 UNTS 3.

⁶ June 19, 1951, 4 UST 1792, TIAS No. 2846, 199 UNTS 67.

⁷ Aug. 3, 1959, 14 UST 531, TIAS No. 5351, 481 UNTS 262.

⁸ May 26, 1952, 6 UST 4251, TIAS No. 3425, 331 UNTS 327.

⁹ Oct. 23, 1954, 6 UST 4117, TIAS No. 3425, 331 UNTS 253.

¹⁰ May 26, 1952, 6 UST 4411, TIAS No. 3425, 332 UNTS 219.

¹¹ Note 9 supra.

¹² S. Exec. Rep. No. 33, supra note 2, at 28–38; Dept. of State Files L/T.

¹³ S. Exec. Rep. No. 33, supra note 2, at 39–40; Dept. of State Files L/T.

¹⁴ S. Exec. Rep. No. 33, supra note 2, at 44–49; Dept. of State Files L/T.

¹⁵ S. Exec. Rep. No. 33, supra note 2, at 50–53; Dept. of State Files L/T.

Article 11 of Chapter One of the Settlement Convention, supra note 10, reads:

1. The Allied High Commission legislation concerning the termination of the deconcentration and liquidation of the I.G. Farbenindustrie A.G.i.L., to the extent that such legislation is in force on the entry into force of the present Convention, shall be maintained in force until the liquidation of the I.G. Farbenindustrie A.G.i.L. in accordance with such legislation has been completely carried out. Those provisions of the legislation referred to in the first sentence of this paragraph which concern rights or obligations (Rechtsverhältnisse) continuing to exist after the completion of the liquidation of I.G. Farbenindustrie A.G.i.L. shall be maintained in force until such rights and obligations have been completely settled.

2. The Federal Government shall ensure that the measures decreed under the legislation referred to in paragraph 1 of this Article by regulations or orders of the Allied High Commission or of its subordinate bodies shall be carried through to completion.

¹⁷ Dept. of State Files L/T.