Foreign Relations of the United States: Diplomatic Papers, 1945, General: Political and Economic Matters, Volume II

Council of Foreign Ministers Files: Lot M–88: CFM London Documents

Memorandum by the United Kingdom Delegation to the Council of Foreign Ministers

C.F.M.(45) 21

London, 17 September, 1945.

Proposals for a Peace Treaty With Roumania

1. The United Kingdom Delegation offer the following preliminary observations upon the Soviet Delegation’s Memorandum, circulated to the Council as Paper C.F.M. (45) 8.⁵⁷

2. The United Kingdom Delegation agree with the Soviet Delegation that the relevant Articles of the Armistice with Roumania signed at Moscow on the 12th September, 1944, provide a basis for the drafting of certain parts of the Treaty of Peace with Roumania. They make the following comments upon particular Articles specified in paragraph 1 of the Soviet Delegation’s memorandum.

3. The United Kingdom Delegation doubt whether Article 1 of the Armistice has any validity in the Peace Treaty as it would appear to apply exclusively to wartime conditions. The United Kingdom Delegation propose, however, that the Peace Treaty should lay down the character and numbers of the armed forces which Roumania would be allowed to retain; should impose the necessary limitations upon the manufacture of war material in Roumania; and should provide for a small inter-Allied military Inspectorate to supervise the execution of the military clauses of the Treaty in succession to the Allied Control Commission which would be dissolved upon the entry into force of the Treaty.

4. The United Kingdom Delegation agree that Article 4 of the Armistice, regarding the restoration of the State Frontiers between the Union of Soviet Socialist Republics and Roumania as established by the Soviet Roumanian Agreement of the 28th June, 1940⁵⁸ should be confirmed in the Peace Treaty. It is assumed that in the case of this, as of other frontier clauses, a map will be provided to show the precise boundary line.

5. The United Kingdom Delegation assume that in specifying Article 9 of the Armistice, the Soviet Delegation have in mind arrangements for the return of the vessels to their owners and compensation for their damage or destruction.

6. With regard to Article 14 of the Armistice, the United Kingdom Delegation assume that the peace treaty will require the Roumanian Government to collaborate with any Allied Government in the apprehension and trial of persons accused of war crimes.

7. The United Kingdom Delegation suggest that the action already taken by the Roumanian Government under Article 15 of the Armistice may make it unnecessary to repeat in the peace treaty the whole substance of Article 15.

8. The United Kingdom Delegation assume that on the conclusion of the peace treaty all Allied forces will be withdrawn from Roumania (except as may be provided for the maintenance of the lines of communication of the Red Army with the Soviet zone of occupation in Austria) and that all unused currency and goods will be returned to the Roumanian Government.

9. With reference to paragraph 3 of the Soviet Delegation’s memorandum, the United Kingdom Delegation consider that the question of whether the whole of Transylvania should be returned to Roumania cannot be decided only on the basis of Roumania’s war record. They feel that it is very important to obtain a Roumanian-Hungarian frontier which is equitable in itself. Before taking any final commitments they consider that this question should be carefully examined in an expert sub-committee. It will also be necessary to include provisions on certain consequential questions.

10. In addition, the United Kingdom Delegation consider that provisions should be included in the Peace Treaty with Roumania to cover the following matters of a political character:—

(i) Resumption of diplomatic and consular relations with Roumania. Allied Powers to have the right to appoint consuls at such places and in such numbers as each may decide.

(ii) Roumania to accept the arrangements made by the United Nations for the liquidation of the League of Nations and the Permanent Court of International Justice.

(iii) Roumania to recognise the authority of all United Nations Organisations already established or in contemplation and to accept such obligations in connexion with such organisations and any conventions concluded under their auspices as may be specified.

(iv) Roumania to accept any arrangements agreed for the international regime of the Danube.

(v) Requirement on Roumania to keep in force, or abrogate, Treaties to which Roumania is a party, with any necessary modifications, as may be directed by the Allied Powers.

(vi) Roumania to undertake to maintain a bill of rights as proposed for Italy by the United States Delegation in their memorandum circulated to the Council as Paper C.F.M.(45) 16,⁵⁹ and not to prosecute or molest any person on account of his feelings or sympathies with the United Nations or for the performance of any action calculated to facilitate the execution of the Armistice or Peace Treaty.

(Note: these provisions would be in expansion of Article 6 of the Armistice, which the Soviet Delegation have already proposed should be taken as part of the basis for the Peace Treaty).

(vii) Roumania to receive Roumanian nationals returning from abroad and to accept full responsibility for them.

(viii) Roumania to reaffirm existing agreements regarding war graves of Allied nationals in Roumania and to accept any additions desired by the Allied Powers as regards the graves of Allied nationals who met their death in Roumania during the present war.

11. As regards economic and financial clauses of the Peace Treaty, the United Kingdom Delegation agree with paragraph 2 of the Soviet Delegation’s memorandum. They consider, however, that additional provisions will be essential to cover the requirements of the Allied Powers in financial and economic matters. Such provisions would deal with claims by Allied Governments or their nationals against Roumania; the barring of claims of Roumania arising out of the war; United Nations property rights and interests in Roumania (this is the same ground as is covered by Articles 11, 12 and 13 of the Armistice but might now be expressed rather more fully); Roumanian property rights and interests in United Nations territory; Roumania’s commercial relations with the United Nations; contracts, prize; and other matters. The United Kingdom Delegation suggests that in determining these provisions the Council of Foreign Ministers may find useful as a general guide the financial and economic sections of the draft heads of a Treaty of Peace with Italy, which they have already circulated to the Council (paper C.F.M.(45) 3⁶⁰).

12. The United Kingdom Delegation agree that consideration should be given to provisions on the lines of paragraph 4 of the Soviet Delegation’s memorandum.

57. September 12, p. 149.
58. For the exchange of notes of June 26–28, 1940, between the Soviet Union and Rumania constituting an agreement concerning the cession to the Soviet Union of Bessarabia and Eastern Bukovina, see Foreign Relations, 1940, vol. i, pp. 480–490, passim.
59. September 14, p. 179.
60. September 12, p. 135.