464.11 W 89/8: Telegram

The Secretary of State to the Minister in Hungary ( Brentano )

25. Your telegram No. 27, May 21, 4 P.M. First suggestion of Minister for Foreign Affairs is believed to be impracticable. Tripartite character of proposed agreement, different plan for adjudication and fact that different treaties are involved render it necessary to employ different language in the first paragraph of Article I than was employed in the corresponding paragraph of agreement with Germany. Except as to parenthetical expression in first paragraph of Article I, it is considered that the language of that paragraph is adequate and necessary to accomplish desired purposes. Department willing to omit parenthetical expression if desired.

Second suggestion. Purpose of proposed tripartite agreement is to provide means for determining amounts due by Austria and Hungary to United States or its nationals. Austria and Hungary are committed in treaties establishing friendly relations to make suitable provision for satisfaction of claims of United States and its nationals. Agreement with Germany made no provision for adjudication of any claims against United States or its nationals and discussions with Austria and Hungary regarding proposed agreement have proceeded on understanding that agreement was to be along lines of agreement with Germany. Department gratified Hungary will not insist on this suggestion.

Third suggestion. Department regards 6 months’ period for filing claims inadequate. Would agree to provision that claims must be filed within 1 year from date of exchange of ratifications.

Fourth suggestion. Department agrees.

Fifth suggestion. Similar suggestion made by Austrian Government and agreed to by Department.

Legation Vienna reports Austrian Government is instructing Austrian Chargé d’Affaires at Washington to sign agreement as submitted by Department, but to make reservations in note delivered [Page 151] on signing agreement. Department replied stating it was deemed undesirable to have reservations made. Inasmuch as Austrian Government has instructed Chargé dAffaires here to take matter up with Department, and since views of Austrian and Hungarian Governments have now been ascertained, Department believes conclusion of agreement satisfactory to all parties would be expedited if Hungarian Government would instruct its Minister here to discuss matter with Department.

You may answer Minister for Foreign Affairs as above.