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]