Foreign Relations of the United States, Diplomatic Papers, 1944, General: Economic and Social Matters, Volume II

840.70/10–1344

Amendments to the Draft EITO Agreement Proposed by the Soviet Delegation ⁴⁹

undated

Article I should read as follows:

“Character and Tasks of the Organisation.

There is hereby established the European Inland Transport Organisation hereinafter called ‘the Organisation’.

The Organisation is established as a coordinating and consultative organ with a view to coordinating the efforts to utilise all transport means and facilities for the successful conclusion of the war and improvement of transport communications that will provide the restoration of normal conditions of economic life and also for providing assistance to the Allied Commanders-in-Chief during the war and to the Occupation Authorities during the first period after the war to maintain the carrying capacity of transport.”

Article III, Section 5, should read:

“The Executive Board shall consist of five members who shall be appointed by the Council for their knowledge of inland transport and administrative capacity and shall include one member nominated by each of the Governments of the Union of Soviet Socialist Republics, of the United Kingdom and of the United States. Each member of the Executive Board shall be provided with a deputy; the member of the Board and his deputy shall be appointed in the first place not longer than for one year.

The Executive Board shall choose its own Chairman, subject to ratification by the Council.”

Article IV should read:

“The Organisation shall have powers to perform any legal acts appropriate to its object and purposes.

Those powers are vested in the Council. The Council may, however, delegate such of these powers as it may deem necessary to the Executive Board, including the power of subdelegation. The Executive Board shall be responsible to the Council for the upkeep and administration of any property owned by the Organisation.”

Article V, Section should read as follows:

“Finance.

The Executive Board shall submit to the Council an initial budget and from time to time the supplementary budget, covering the necessary expenses of the Organisation as may be required and the Organisation will try to attain all possible economy with a view to reducing contributions of Member Governments which as a result of war are in straitened financial conditions. Upon approval of a budget by the Council the total amount approved shall be raised in such manner or be allocated in such proportions as it may be agreed between the Member Governments. Each Member Government undertakes, subject to the requirements of its constitutional procedure, promptly to contribute to the Organisation, in such currency or currencies as may be agreed with the Executive Board, its share of the expenses. Each Member Government shall also provide such facilities as required for the purposes of the Organisation, for the transfer of sums held by the Organisation in that Government’s own currency into other currencies.”

Article VII should read as follows:

“Executive Functions of the Organisation.

The Organisation, with a view to maintaining and increasing the carrying capacity of the National Transport systems shall carry out thorough study of technical and economic conditions of transport and shall give to the interested Governments technical consultations and recommendations directed to the quickest restoration of the transport and to its most effective use and prevention of difficulties in operation.

In case of difficulties of any of the countries in carrying out the recommended measure by reason of material and economic character the Organisation should investigate the means of practical help to this country with the co-operation of the Governments of the U.S.S.R., the United Kingdom and the United States.

In the field of activity of the Organisation the following tasks are included:

a) to provide all possible assistance to the Allied Commanders-in-Chief in their needs for transport facilities and to improve the use of these facilities for the successful fulfilment of military operations.

b) to work out draft conventions and agreements concerning the international traffic and to recommend them to the interested Member Governments.

c) to study the conditions of transport in individual countries and to recommend technical measures directed to the quickest restoration of transport facilities and their most effective use.

d) to study and work out the problems dealing with the International rail, waterway, road, and traffic which uses all these forms of transport in Continental Europe.

e) to work out the exchange routine of rolling stock of the Continental European countries for carrying out International transportation.

f) to work out tariffs (unification of tariffs, terms and conditions of transportation, etc.)

g) to set up a system of the mutual accounts concerning traffic operations between different countries.

h) to assist in the organisation of the transportation of war prisoners and also displaced persons being repatriated.

i) to assist in organisation of the transportation of relief and rehabilitation materials for the liberated territories which suffered from aggression.

j) to advise on questions concerning the restitution of the rolling stock and equipment to the countries which are the rightful owners.

k) to assist the realisation of the orders of Member Governments for transport equipment, materials and rolling stock taking in due consideration the priority for the countries which have suffered most from the aggression of Hitler’s Germany and her satellites.

Article VII, Section 2, should be eliminated.

Article VII, Section 3, should read as follows:

“In respect of equipment belonging to a Member Government or to persons or bodies under the authority of a Member Government and found during the liberation of Europe outside the territory under the authority of that Member Government the Organisation shall endeavour to arrange the restoration of such equipment to its rightful owners.”

Article VII, Section 4 should read:

“The Organisation shall at the earliest practical time organise a census of rolling stock in Continental Europe and of other transport equipment and material there.”

Article VII, Section 6, should be eliminated.

Article VII, Section 7, should be eliminated.

Article VII, Section 12, should be eliminated.

Article VII, Section 17, should read:

“The Organisation may advise the Member Governments and any appropriate authorities of the United Nations on the priority to be given in the interests of the rehabilitation of European transport to the repatriation of displaced transport personnel and skilled and other workers required for the production, maintenance or repair of transport equipment and material.”

Article VIII, Section 1, should read:

“Every Member Government the territory of which is in the field of activity of the Organisation shall upon request provide the Organisation with such information as is essential for the performance of its functions.”

Article VIII, Section 2, Paragraph 1, should read:

“Every Member Government, the territory of which lies in the field of activity of the Organisation, undertakes that:

1. “It will facilitate the execution of Section 3 of Article VII.[”]

Article VIII, Section 4, should be eliminated.

Article VIII, Section 5, should be eliminated.

Article VIII, Section 9, should read:

“Every Member Government undertakes to co-operate with the Organisation in the exercise of its functions under Sections 11 and 13 of Article VII.”

Article X should read:

“The functions of the Organisation shall relate to all forms of transport by road, rail, waterway, within the territories of the Continent of Europe in which the Organisation operates, but shall not include seagoing shipping save such shipping as may from time to time be agreed between Member Governments and the shipping authorities of the United Nations to be available for coastwise traffic within any territory in Continental Europe under the authority of that Government and for as long as it may be available for that traffic.

In regard to the handling of traffic in ports where seagoing vessels are discharged or loaded, the Organisation shall co-operate with the appropriate authorities of the Member Governments and any shipping organisation set up by them to ensure:—

(a) the rapid turn round of ships.

(b) the efficient use of port facilities in the best interests of the prompt clearance of cargo of common concern.[”]

Article XI, Section 1, should read:

[“]1. This Agreement shall come into force from the day of its ratification by the Member Governments. It shall remain in force for two years from the date of general cessation of hostilities by Germany and shall thereafter remain in force, subject to the right of any Member Government after the expiration of eighteen months to give six months’ notice in writing to the Council of its intention to withdraw from this Agreement.[”]

Article XII.

Article XII is accepted without changes but to this Article a supplementary protocol should be made reading as follows:

“Since the activity of the Organisation does not touch the territories of the United Kingdom and of the U.S.S.R., it is established that Article XII of the Agreement, which provides for the primacy of the present Agreement over all other transport Agreements, does not affect the Agreements of the U.S.S.R, and the United Kingdom with other countries of Continental Europe.[”]

Article XIV: A supplementary Section No. 7 should be added:

“The term ‘Continental Europe’ does not include the territories of the U.S.S.R. and the United Kingdom.[”]

49. Transmitted to Assistant Secretary of State Berle in an undated letter from Mr. Hooker; received October 12, 1944.