Date          Thu, 5 May 1994 12 43 15 -0500                                    
Reply-To:     German History list                        
Sender:       German History list                        
From:         H-GERMAN MODERATOR Dan Rogers       
Subject:      Text of BDC Transfer Agreement                                    
                                                                                
Submitted by:   Dan Rogers                        
                                                                                
[I am grateful to the office of Rep. Sonny Callahan for rushing to me a         
very large packet of transcripts of testimony before the House Foreign          
Affairs Committee's Subcommittee on International Security, International       
Organizations, and Human Rights on Thursday, 28 April 1994.  As fast as         
we can get the testimony entered into the computer, I will be passing it        
along.  The first item is the actual agreement transferring control of          
the Berlin Document Center to Germany. D.R.]                                    
                                                                                
                                                                                
Agreement between the Government of the United States of America and the        
Government of the Federal Republic of Germany Concerning the Transfer of        
the Berlin Document Center to the Federal Republic of Germany                   
                                                                                
                                                                                
Article 1                                                                       
                                                                                
(1) The Government of the United States of America shall transfer title and     
control of the German documentary materials contained in the Berlin             
Document Center (hereinafter referred to as "the documents") to the Federal     
Republic of Germany on July 1, 1994.  Administrative responsibility for the     
documents shall thereafter be exercised by the Bundesarchiv.                    
                                                                                
(2) The documents shall be handed over as existing at the time of the           
transfer according to a list to be drawn up by the Government of the Unites     
States of America.                                                              
                                                                                
                                                                                
Article 2                                                                       
                                                                                
In preparation for the transfer, the Government of the Federal Republic of      
Germany shall appoint a transition director, who shall cooperate with the       
director of the Berlin Document Center to facilitate a smooth transfer.         
The director of the Berlin Document Center shall provide the transition         
director with office space on the premises of the Berlin Document Center.       
                                                                                
                                                                                
Article 3                                                                       
                                                                                
(1) Subject to the requirements of the relevant German statutes and tariff      
agreements and the availability of funds in the German budget, the              
Government of the Federal Republic of German shall take the necessary steps     
to employ the current employees of the Berlin Document Center so as to          
minimize any loss in pay or social security benefits.                           
                                                                                
(2) After signature of this Agreement, the Bundesarchiv shall, through the      
transition director, advise current Berlin Document Center staff on the         
principles and procedures relevant to the staff members' future employment      
with the Bundesarchiv.                                                          
                                                                                
(3) Taking into account current positions, the Bundesarchiv shall, by           
October 31, 1993, draw up a staffing plan for the Berlin Document Center        
and make it available to the staff.  This plan shall contain job                
descriptions and pay grades.  It shall indicate the extent to which             
additional training is recommended for individual staff members.                
                                                                                
                                                                                
Article 4                                                                       
                                                                                
(1) The microfilming project shall be completed by July 1, 1994.                
                                                                                
(2) Upon transfer of the Berlin Document Center, the United States Embassy      
Office, Berlin, shall designate a Berlin Document Center Liaison Officer        
who shall be responsible for ensuring a smooth transition and for               
representing American interests in access to the documents until the            
American copy of the microfilm is fully accessible in the United States of      
America.  German officials of the Berlin Document Center shall, during this     
interim period, provide access to information requested by United States        
authorities contained in the documents to the same extent as now enjoyed by     
those authorities.                                                              
                                                                                
                                                                                
Article 5                                                                       
                                                                                
(1) Following transfer of the Berlin Document Center to the Federal             
Republic of Germany, the Government of the United States of America shall       
continue whenever necessary to have access to the documents:                    
                                                                                
     1. for the purpose of comparing the original documents with the            
microfilm records and making additional copies as required,                     
                                                                                
     2. for forensic purposes, and,                                             
                                                                                
     3. for judicial evidentiary purposes.                                      
                                                                                
(2) Requested original documents shall be expeditiously transferred to the      
requesting American authorities in the United States of America.  The           
documents shall be returned after a reasonable period.  For these purposes,     
no distinction shall be drawn between requests regarding civil or criminal      
actions.                                                                        
                                                                                
                                                                                
Article 6                                                                       
                                                                                
Subsequent to the transfer of the Berlin Document Center, public access to      
the documents in the Berlin Document Center and the microfilm copies in the     
National Archives of the United States of America shall be in accordance        
with the rules of the respective archives.                                      
                                                                                
                                                                                
Article 7                                                                       
                                                                                
This agreement shall enter into force on the day of signature.                  
                                                                                
                                                                                
done at Berlin this 18th day of October 1993, in duplicate in the English       
and German languages, both texts being equally authentic.                       
                                                                                
                                                                                
[signed by representatives of the Governments of the United States of           
America and the Federal Republic of Germany -- names illegible]