Foreign Relations of the United States, 1946, Paris Peace Conference: Documents, Volume IV

CFM Files

Record of Recommendations by the Conference on the Draft Peace Treaty With Rumania

undated

I. By a majority of two thirds or more.

a. Articles of the Draft Peace Treaty with Roumania drawn up by the Council of Foreign Ministers adopted without modification.

• Article 1.
• Article 2.
• Article 3.
• Article 4.
• Article 5.
• Article 6.
• Article 7.
• Article 8.
• Article 9.
• Article 10.
• Article 11.
• Article 12.
• Article 13.
• Article 15.
• Article 16.
• Article 17.
• Article 18.
• Article 19.
• Article 20.
• Article 21.
• Article 22.
• Article 23.
• Article 24, §§ 3, 5, 6, 7, 8a, 8b.
• Article 25.
• Article 26, §§ 1, 2, 3, 5a, 5b, 5c, 5d.
• Article 29, §§ 1, 2, 4, 5.
• Article 30, §§ 1a and b.
• Article 33.
• Article 35.
• Article 37.
• Article 38.
• Annex I, map of boundaries.
• Annex II and III, military clauses.
• Annex IV, section A, §§ 1, 2, 3, 5, 6, 8.
• Annex VI, section A.

b. Articles of the Draft Peace Treaty with Roumania drawn up by the Council of Foreign Ministers adopted with modifications.

Preamble to the Treaty.

Article 3a.

• Article 14.
• Resolution relating to Article 14.
• Article 24, §§ 1 and 2.
• Article 24, § 4 bis (new).
• Article 24, § 8c.
• Article 24 bis (new).
• Article 26, §§ 4, 5.
• Article 29, § 3.
• Article 30, § 1 (civil aviation).
• Article 30, § 2.
• Article 31.
• Article 32.
• Article 34.
• Article 36.
• Annex 4, Section A, §§ 4 and 7.
• Annex 4, Section B.

II. Adopted by a simple majority.

a. Unamended.

• None.

b. Amended.

• Article 24, §§ 4a, b, c, d, and e.
• Article 24 bis, § 2.
• Article 27.
• Article 30, § 1c (state monopolies).
• Article 30 bis (new).
• Annex 4, Section D.
• Annex 5, Section 3 and 5.
• Annex 6, Section B.

TEXTS

I.—New Articles and Modifications to Articles of the Draft Peace Treaty With Roumania Adopted by a Majority of Two-Thirds or More

Preamble

Paragraphs 1, 2 and 3: without modification.

Paragraph 4:

Whereas the Allied and Associated Powers and Roumania are respectively desirous of concluding a treaty of peace which, conforming to the principles of justice, will settle questions still outstanding as a result of the events hereinbefore recited and form the basis of friendly relations between them, thereby enabling the Allied and Associated Powers to support Roumania’s application to become a member of the United Nations and also to adhere to any convention concluded under the auspices of the United Nations.

The rest remains unchanged.

Article 3a (new article)

“Roumania further undertakes that the laws in force in Roumamia shall not, either in their content or in their application, discriminate or entail any discrimination between persons of Roumanian nationality on the ground of their race, sex, language or religion, whether in reference to their persons, property, business, professional or financial interests, status, political or civic rights or any other matters.”

Article 14

“Roumania shall not possess, construct or experiment with any atomic weapon, any self propelled or guided missiles or apparatus connected with their discharge (other than torpedoes and torpedo launching gear inherent to naval vessels permitted by this Treaty), sea mines or torpedoes of non-contact types actuated by influence mechanisms, torpedoes capable of being manned, submarines or other submersible craft or specialised types of assault craft.”

Resolution relating to Article 14:

The Conference agrees that the Articles on prohibitions in the Balkan and Finnish Treaties, (art. 12 of the Bulgarian Treaty, art. 14 of the Roumanian Treaty, art. 13 of the Hungarian Treaty and art. 16 of the Finnish Treaty) shall be in identical language i. e. that decided upon for Article 12 of the Bulgarian Treaty.

Article 24

Paragraphs 1 and 2:

Instead of “on June 22, 1941”, read “on September 1, 1939”.

Paragraph 4 bis (new paragraph):

It shall be understood that the provisions of paragraph 4 of this Article shall not apply to Roumania in so far as the action which may give rise to a claim for damage to property in Northern Transylvania of the United Nations or their nationals took place during the period when this territory was not subject to Roumanian authority.

Paragraph 8c:

Sub-paragraph 2 (new subparagraph):

Without prejudice to the generality of the foregoing provisions, the property of the United Nations and their nationals includes all seagoing and river vessels, together with their gear and equipment, which were either owned by United Nations or their nationals, or registered in the territory of one of the United Nations or sailed or under the flag of one the United Nations and which, after September 1, 1939, while in Roumanian waters, either were placed under the control of the Roumanian authorities as enemy property or ceased to be at the force [free] disposal of the United Nations or their nationals, in Roumania, as a result of measures of control taken by the Roumanian authorities in relation to the existence of a state of war between Germany and members of the United Nations.

Article 24 bis (new article)

Roumania undertakes that in all cases where the property, legal rights or interests of persons under Roumanian jurisdiction have since September 1, 1939, been the subject of measures of sequestration, confiscation or control on account of the racial origin or religion of such persons, the said property, legal rights and interests shall be restored together with their accessories or, if restoration is impossible, that full compensation shall be made therefore.

Article 26

Paragraph 4:

4. No obligation is created by this Article on any Allied or Associated Power to return industrial^* property acquired prior to the coming into force of the present Treaty in the Territory of that Allied or Associated Power by the Government or nationals of Roumania, as may be deemed by the Government of the Allied or Associated Power to be necessary in the national interest.

Paragraph 5:

5. The property covered by paragraph 1 of this Article shall be deemed to include Roumanian property which has been subject to control by reason of a state of war existing between Roumania and the Allied or Associated Power having jurisdiction over the property, but shall not include:

• a, b, c, d, without modification.
• e. Literary and artistic property rights.

Article 29

Paragraph 3.

3. Roumania likewise waives all claims of the nature covered by paragraph 1 of this Article on behalf of the Roumanian Government or Roumanian nationals against any of the United Nations whose diplomatic relations with Roumania have been broken off during the war and which took action in co-operation with the Allied and Associated Powers.

Article 30

Paragraph 1c (civil aviation).

It is further understood that the foregoing provisions of paragraph c shall not apply to civil aviation, but that Roumania will grant no exclusive or discriminatory right to any country with regard to the operation of civil aircraft in international traffic, will afford all the United Nations equality of opportunity for obtaining international commercial aviation rights in Roumanian territory and will grant to any United Nation on a basis of reciprocity and without discrimination, with regard to the operation of civil aircraft in international traffic, the right to fly over Roumanian territory without landing and to make landings in Roumanian territory for non-commercial purposes.

Paragraph 2.

The foregoing undertakings by Roumania shall be understood to be subject to the exceptions customarily included in commercial treaties concluded by Roumania before the war, and the provisions with respect to reciprocity granted by each of the United Nations shall be understood to be subject to the exceptions customarily included in the commerical treaties concluded by that Power.

Article 31

Any disputes which may arise in connexion with Articles 23 and 24 and Annexes 4, 5 and 6 of the present Treaty shall be referred to a Conciliation Commission composed of an equal number of representatives of the United Nations Government concerned and of the Roumanian Government. If agreement has not been reached within three months of the dispute having been referred to the Conciliation Commission, either Government may require the addition of a third member to the Commission, and failing agreement between the two Governments on the selection of this member, the President of the International Court of Justice shall be requested to make the appointment. The decisions of the Commission, as so constituted, shall be taken by the same procedure as is provided for decisions of the International Court itself in Articles 48 and 55–57 of the Statute of the Court and shall be final and binding on all parties.

Article 32

Articles 23, 24 and 30 and Annex 6 of this Treaty shall apply to the Allied and Associated Powers and France and to those of the United Nations whose diplomatic relations with Roumania have been broken off during the war.

Article 34

1. Navigation on the Danube River shall be free and open on terms of entire equality to the nationals, vessels of commerce and goods of all states.

2. With a view to ensuring the practical application of this principle, Roumania undertakes to take part, together with France, the U.S.S.R., the United Kingdom, the United States of America, and the Danubian States in a Conference, which shall be convened within six months of the entry into force of this Peace Treaty, with the object of establishing a new International Regime for the Danube.

Article 36

Except where any other procedure is specifically provided under any Article of the present Treaty, disputes concerning the interpretation or execution of the Treaty shall be referred to the three Heads of Mission acting as provided under Article 35 and, if not resolved by them within a period of two months, shall, at the request of any party to any dispute, be referred to the International Court of Justice. Any dispute still pending at, or arising after, the date when the Heads of Mission terminate their functions under Article 35, and which is not settled by direct diplomatic negotiations, shall equally, at the request of any party to the dispute, be referred to the International Court of Justice.

Annex 4

Section A

Paragraphs 1, 2, 3: without modification.

Paragraph 4:

4. The foregoing provisions concerning the rights of the Allied and Associated Powers or their nationals shall apply equally to Roumania and its nationals.

But nothing in these provisions shall entitle Roumania or its nationals to more favourable treatment in the territory of any of the Allied or Associated Powers than is accorded by such Poioer in like cases to other United Nations or their nationals, nor shall Roumania be required thereby to accord to any of the Allied or Associated Powers or its nationals more favourable treatment than Roumania or its nationals receive in the territory of such Power in regard to the matters dealt with in the foregoing provisions.

Paragraphs 5 and 6: without modification.

Paragraph 7:

Roumania shall extend the benefits of Section A of this Annex to France, and to other United Nations, other than Allied or Associated Powers, whose diplomatic relations with Roumania have been broken off during the war and which undertake to extend to Roumania the benefits accorded to Roumania under Section A of this Annex.

Paragraph 8: without modification.

Section B

1. The Roumanian Government shall grant every facility to insurers who are nationals of the United Nations to resume possession of their former portfolios in Roumania.

2. Should an insurer, being a national of any of the United Nations, wish to resume his professional activities in Roumania, and should the value of guarantee deposits or reserves required for the operation of insurance concerns in Roumania be found to have decreased as a result of the loss or depreciation of the securities which constituted such deposits or reserves, the Roumanian Government undertakes to accept such securities as still remain (for a period of three years) as fulfilling the legal requirements in respect of deposits and reserves.

II.—New Articles and Modification to the Articles of the Draft Peace Treaty With Roumania Adopted by a Simple Majority

Article 24

Paragraph 4 (new text):

a. The Roumanian Government will be responsible for the restoration to complete good order of the property returned to United Nations nationals under paragraph 1 of this Article. In cases where property cannot be returned or where as a result of the war a United Nations national has suffered a loss by reason of injury or damage to property, he shall receive from the Roumanian Government compensation in lei to the extent of 75 per cent of the sum necessary, at the date of payment, to purchase similar property or to make good the loss suffered. In no event shall United Nations nationals receive less favourable treatment with respect to compensation than that accorded Roumanian nationals.

b. United Nations nationals who have ownership interests, held directly or indirectly in corporations or associations which are not United Nations nationals within the meaning of paragraph 8a of this Article, but which have suffered a loss by reason of injury or damage to property, shall receive compensation in accordance with subparagraph a above. This compensation shall be based on the total loss or damage suffered by the corporation or association and shall bear the same proportion to such loss or damage as the beneficial interest of such nationals bears to the total capital of the corporation or association.

c. Compensation shall be paid free of any levies, taxes, or other charges. It shall be freely usable in Roumania, but shall be subject to the foreign exchange control regulations which may be in force in Roumania from time to time.

d. The Roumanian Government agrees to accord to United Nations nationals fair and equitable treatment in the allocation of materials for the repair or rehabilitation of their property and in the allocation of foreign exchange for the importation of such material and will in no event discriminate in these respects against such nationals as compared with Roumanian nationals.

e. The Roumanian Government shall grant nationals of tlie United Nations an indemnity in lei sufficient to compensate, at the date of payment, the losses and damage due to the special measures applied to their property during the war, and which were not applicable to Roumanian property.

Article 24 bis

Paragraph 2.

The Roumanian Government undertakes within twelve months after the date of coming into force of the present Treaty, to transfer to the International Refugee Organization (or any other organization designated by the Economic and Social Council of the United Nations) for purposes of relief and rehabilitation within Roumania, all property rights and interests in Roumania owned by persons, organizations, and communities which individually or as members of groups, were the object of racial, religious or other Fascist measures of persecution or discrimination, including property, rights and interests required to be restored under this Article, and which for a period of six months after the date of coming into force of the present Treaty have remained ownerless, heirless, or unclaimed.

Article 27

Roumania hereby renounces on its own behalf and on behalf of Roumanian nationals all claims, including debts, against Germany and German nationals outstanding on May 8, 1945, except those arising out of contracts and other obligations entered into, and rights acquired, before September 1, 1939. This renunciation shall be deemed to include not only all inter-governmental claims in respect of arrangements entered into in the course of the war, but also all claims for loss or damage arising during the war. This renunciation shall be without prejudice to any dispositions in favour of Roumania or Roumanian nationals made by the Powers in occupation of Germany.

Article 30

Paragraph 1, subparagraph c (state monopolies):

Natural and legal persons who are nationals of any of the United Nations shall be granted national and most favoured Nation treatment in all matters pertaining to commerce, industry, shipping and other forms of business activity within Roumania.

This paragraph shall not be deemed to confer on the United Nations, or their nationals, rights to engage in any branch of commerce, industry, shipping or other form of business activity which under Roumanian law is a monopoly of the Roumanian State. Nevertheless, the most-favoured-nation principle shall be observed in any such cases in which foreign participation is allowed.

Article 30 bis (new article)

The Roumanian Government undertake to pay fair prices by reference to world conditions for commodities delivered by that Government by way of reparation obtained from United Nations nationals as defined in Article 24. Any dispute between the Roumanian Government and such United Nations nationals relating to prices shall be dealt with in accordance with the provisions of Article 31.

Annex 4

Section D

The Roumanian Government undertakes to modify the Petroleum Law of 1942 so as to remove the features discriminating against United Nations nationals as compared with the legislation in force on September 1, 1939 and to afford those nationals fair and equitable treatment in the petroleum industry.

Annex 5

Section III

Negotiable Instruments.

1. As between enemies no negotiable instrument made before the war shall be deemed to have become invalid by reason only of failure within the required time to present the instrument for acceptance or payment or to give notice of non-acceptance or non-payment to drawers or endorsers or to protest the instrument, nor by reason of failure to complete any formality during the war.

2. Where the period with in which a negotiable instrument should have been presented for acceptance or for payment, or within which notice of non-acceptance or non-payment should have been given to the drawer or endorser, or within which the instrument should have been protested, has elapsed during the war, and the party who should have presented or protested the instrument or have given notice of non-acceptance or non-payment, has failed to do so during the war, a period of not less than three months from the coming into force of the present Treaty shall be allowed within which presentation, notice of non-acceptance or non-payment or protest may be made.

3. If a person has either before or during the war become liable upon a negotiable instrument in accordance with am, undertaking given to him by a person who has subsequently become an enemy, the latter shall remain liable to indemnify the former in respect of his liability not-withstanding the outbreak of war.

Section V

Having regard to legal system of the United States of America, the provisions of this Annex shall not apply as between the United States of America and Roumania.

Annex 6

Section B.—Judgments

The Roumanian Government shall take the necessary measures to enable nationals of any of the United Nations at any time within one year after the coming into force of this Treaty to submit to the appropriate Roumanian authorities for review any judgment given by a Roumanian Court between June 22, 1941, and the coming into force of the present Treaty in any proceeding in which the United Nations national teas unable to make adequate presentation of his case as plaintiff or defendant. The Roumanian Government shall provide that where the United Nations national has suffered injury by reason of any such judgment, he shall be restored in the position in which he was before the judgment was given or shall be afforded such relief as may be just and equitable in the circumstances. The term, “United Nations nationals” includes corporations or associations organised or constituted under the laws of any of the United Nations.

1. The words “literary and or artistic” which appeared after the words “industrial” have been deleted. [Footnote in the source text.]