Foreign Relations of the United States, Diplomatic Papers, 1945, European Advisory Commission, Austria, Germany, Volume III

740.00119 Control (Austria)/4–645

The Secretary of State to the Ambassador in the United Kingdom (Winant)

No. 5310

Washington, April 6, 1945.

The Secretary of State transmits herewith for the background information of the Ambassador a single copy, No. 26, of SWNCC 30/1 of March 27, 1945 consisting of a preliminary report by the State-War-Navy Coordinating Subcommittee for Europe on the proposed agreement on control machinery in Austria.

This paper has not yet been formally approved. It, therefore, does not represent this Government’s policy, and is not for presentation to the European Advisory Commission. However, it is being sent to the Embassy now so that if and when it does receive formal approval the Ambassador will already have this text and can be notified of its approval or of any changes by a brief telegram, thus reducing to a minimum the delay which must occur before he can present this Government’s views regarding the control machinery for Austria to the European Advisory Commission.

[Enclosure]¹⁰

Report by the State-War-Navy Coordinating Subcommittee for Europe to the State-War-Navy Coordinating Committee

SWNCC 30/1

27 March 1945.

Agreement on Control Machinery in Austria

Reference: a. SWNCC 30/D

The Problem

1. To consider the British draft agreement on “Allied Control Machinery in Austria”¹¹ and the comments of the U.S. Group, Control Council for Austria thereon,¹² and to advise the United States Representative on the European Advisory Commission (EAC) of the United States views concerning the organization of control machinery for Austria.

Facts Bearing on the Problem

2. It has been proposed that there shall be quadripartite Allied control of Austria in the post-hostilities period exercised by the Governments of the United States of America, United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics and the Provisional Government of the French Republic.

3. Although final agreement on the boundaries between national zones of occupation has not yet been reached between the Governments concerned, consideration of the problems of control is based upon the assumption that separate zones of occupation will be established as in Germany.

4. The British Representative on the EAC has submitted a draft agreement on control machinery to the Commission for its consideration (Addendum to SWNCC 30/D). The United States Group Control Council for Austria has forwarded its comments on the British proposal to the Department of State (SWNCC 30/D).

Discussion

5. In furtherance of the Moscow Declaration of November 1, 1943, the treatment of Austria will differ from that of Germany. Nevertheless, the structure of the organization of the Allied occupying forces in the administration of the country will of necessity be similar in many respects.

6. The British draft agreement in matters both of form and substance contains many unnecessary variations from the text of the Agreement on Control Machinery in Germany (JCS 1130/1),¹³ heretofore agreed to by the powers represented on EAC.

7. There is attached as Annex “A” to the Appendix,¹⁴ a draft agreement on Control Machinery in Austria which contains no variations other than those believed to be required by political and other considerations.

8. Additional discussion Will be found in Annex “B” to the Appendix in which are set forth the comments of the Subcommittee on the Draft Agreement on “Allied Control Machinery in Austria” submitted to EAC by the British Representative.

Conclusions

9. The United States Representative on EAC should be provided with United States views with respect to the draft agreement submitted to EAC by the British Representative (Annex “B” to Appendix).

10. The United States Representative on the EAC should be provided with the draft agreement (Annex “A” to Appendix) as a basis for presenting the American views in EAC.

Recommendations

11. It is recommended:

a. That the SWNCC transmit this report to the J.C.S. for their consideration.

b. That the SWNCC, after J.C.S. views have been obtained, approve the report.

c. That, upon approval by SWNCC, the memorandum in the Appendix be forwarded to the Secretary of State.

d. That, when concurred in by the J.C.S. and approved by SWNCC, a copy of this report be transmitted by the J.C.S. to the Commanding General, U.S. Army Forces, Mediterranean Theater of Operations,¹⁵ for his information.

[Annex “A”]

Draft Agreement on Control Machinery in Austria

The Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics and the Provisional Government of the French Republic, having in mind the Inter-Governmental Declaration on Austria made at Moscow on November 1, 1943, have reached the following agreement for the organization of an Allied Administration in Austria, through which they intend to carry out that Declaration:

Article 1

Supreme authority in Austria on matters of concern to Austria as a whole will be exercised, on the basis of instructions from their respective governments, by the Commanders-in-Chief of the Armed Forces of the United States, the United Kingdom, the Union of Soviet Socialist Republics and the Provisional Government of the French Republic, acting as a Governing Body. This authority shall be broadly construed to the end that, through maximum uniformity of policy and procedure throughout Austria, the establishment of an independent Austrian government may be accelerated. Each member of the Governing Body will conform to the decisions and policies of that Body in the zone occupied by forces under his command, and will, as Zone Commander, exercise supreme authority in his zone over all other matters.

Article 2

Each Commander-in-Chief in his zone of occupation will have attached to him military, naval and air representatives of the other three Commanders-in-Chief for liaison duties.

Article 3

(a) The four Commanders-in-Chief, acting together as a body, will constitute the Governing Body of the Allied Administration in Austria.

(b) The responsibilities of the Governing Body will include:

(i) The assurance of the enforcement in Austria of the provisions of the instrument of unconditional surrender of Germany whether or not formally signed by the German authorities;

(ii) The assurance of the political and administrative separation of Austria from Germany and the elimination of German economic influences;

(iii) The initiation of plans and the formulation of decisions on military, political, economic and other questions of concern to Austria as a whole;

(iv) The preparation of the way for the establishment of a freely-elected democratic Austrian Government;

(v) Meanwhile, the establishment and when established the supervision of such indigenous agencies of central administration as may be required for the early resumption and carrying on of a productive, free and independent national life for Austria;

(vi) The direction of the administration of “Greater Vienna” through appropriate organs.

(c) The Governing Body will meet at least once in ten days; and it will meet at any time upon request of one of its members. Its decisions will be unanimous. The Chairmanship will be held in rotation by each of its four members.

(d) Each member of the Governing Body will be assisted by a political adviser, who will, when necessary, attend its meetings. Each member may also when necessary, be assisted at meetings of the Governing Body by military, naval or air advisers.

Article 4

A permanent Coordinating Committee will be established under the Governing Body of the Allied Administration, composed of one representative of each of the four Commanders-in-Chief, not below the rank of General Officer or the equivalent rank in the naval or air forces. Members of the Coordinating Committee will, when necessary, attend meetings of the Governing Body.

Article 5

The duties of the Coordinating Committee, acting on behalf of the Governing Body and through the Staff of the Allied Administration will include:

(a) The day to day supervision and coordination of the activities of the Divisions of the Allied Administration and of the implementation by them of the decisions of the Governing Body;

(b) The consideration of all questions which may be submitted to it and the formulation of recommendations to the Governing Body concerning such questions.

Article 6

(a) The members of the Staff of the Allied Administration, appointed by their respective national authorities, will be organized in Division:

Military; Naval; Air; Transport; Political and Foreign Liaison; Economics and Labor; Finance; Internal Affairs and Communications; Legal; Prisoners of War and Displaced Persons; Public Health and Welfare; Education; Civilian Supply.

(b) At the head of each Division there will be four high-ranking officials, one from each Power.

(c) The duties of each Division will include:

(i) Supervising the appropriate Austrian agencies of central administration as they are established;

(ii) Giving advice to the Governing Body and the Coordinating Committee, and, when necessary, providing representation at meetings thereof;

(iii) Transmitting decisions to the Austrian agencies of central administration.

(d) The four heads of a Division may take part in meetings of the Coordinating Committee at which matters affecting the work of their Division are on the agenda.

(e) The Divisions may include civilian as well as military personnel. They may also, in special cases, include nationals of other United Nations, appointed in their personal capacity by the Allied Administration.

(f) Alterations in the organization and adjustments in the members of the staff of the Allied Administration may be made by the Governing Body in the light of experience.

Article 7

(a) An Inter-Allied Governing Authority (Komendatura) consisting of four Commandants, one from each Power, appointed by their respective Commanders-in-Chief, will be established to direct jointly the administration of the “Greater Vienna” area. Each of the Commandants will serve in rotation in the position of Chief Commandant, as head of the Inter-Allied Governing Authority.

(b) A Technical Staff, consisting of personnel of each of the four Powers, will be established under the Inter-Allied Governing Authority, and will be organized to serve the purpose of supervising and controlling the activities of the local organs of “Greater Vienna” which are responsible for its municipal services.

(c) The Inter-Allied Governing Authority will operate under the general direction of the Governing Body and will receive orders through the Coordinating Committee.

Article 8

The necessary liaison with the Governments of other United Nations chiefly interested will be insured by the appointment by such Governments of military missions (which may include civilian members) to the Governing Body, having access, through the Political and Foreign Liaison Division, to the agencies of the Allied Administration.

Article 9

United Nations’ organizations which may be admitted by the Governing Body to operate in Austria will, in respect of their activities in Austria, be subordinate to the Allied Administration and answerable to it.

Article 10

The four Governments at appropriate times will consider alterations of this agreement to meet the needs of the situation as they develop, as well as to define the responsibilities of the Allied Administration after the election of a democratic Austrian Government.

[Annex “B”]

The State-War-Navy Coordinating Subcommittee for Europe has the following comments with respect to the British draft for control machinery and the comments by U.S. Group Control Council (Austria) thereon, transmitted with London Embassy’s dispatch No. 20765, dated February 2, 1945.^15a

1. The Subcommittee believes in general that the principle weakness of the British draft in comparison with its proposal is that it does not adhere more closely to the language of the agreed protocol for control machinery in Germany. The basic machinery in Austria should not differ radically from that in Germany, even if the objectives to be accomplished are substantially different. The minutes of EAC meetings showed that virtually every word in the German agreement was carefully discussed and weighed by the delegates. It is believed that closer adherence to that language, except in cases where a substantive change in meaning is desired, would result in more expeditious acceptance by EAC of the Austrian paper. Furthermore, the British paper tends to judge in advance what in the light of experience may or may not prove desirable. It is believed better to keep the machinery simple with adequate provision for development later.

2. The Subcommittee believes it preferable to avoid the terms “control” and “council” in denominating the body in Austria which will correspond to the Control Council in Germany. These terms will have acquired in Germany a connotation undesirable for Austria.

3. With reference to the British preamble, the words “since the 15 March” should be omitted entirely or be replaced by the phrase “as a result of the purported annexation” or some similar term. The Moscow Declaration itself was apparently in error, since the decrees purporting to effect the annexation of Austria were dated March 13, 1938.

4. Although there is no basic objection, the Subcommittee believes that it is not necessary to provide for the replacement of military commissioners by civilians, as set forth in paragraph 2 (b) of the British draft. Since that paper is not prepared primarily for public consumption in Austria, there is no psychological reason for the insertion of this provision. If and when found desirable by the interested governments, such transition will naturally take place.

5. The Subcommittee believes that Article 2 (d) of the British draft should follow the pattern of the German paper and provide for military, naval and air as well as political advisers.

6. With respect to the comments of the United States Group Control Council on Article 4 of the British draft, it would be preferable in the basic agreement not to create departments as an organizational layer above the Divisions; departments could be created or the organizational structure otherwise changed at a later period if after experience such a change is shown to be desirable. The way has been left open for such changes by Article 6 (f) of the United States draft.

With respect to the suggestion as to creation of additional Divisions, it seems preferable as far as possible to keep the number of Divisions to a minimum. The Subcommittee’s view on this point is shown in Article 6 of the United States draft. To point to a particular Division which would deal initially with military missions of other Allied Governments, the name of the Political Division has been changed to Political and Foreign Liaison Division in Article 6 and this is reflected in Article 8 of the United States draft.

7. The suggestions made by the United States Group Control Council with respect to Article 9 of the British draft are not acceptable at this time. The ordinary chain of command must continue until the Commanders-in-Chief have had sufficient time to determine that the use of normal military channels are no longer necessary. The War Department feels strongly on this point and General McNarney concurs in its view.

8. Other reactions of the Subcommittee with respect to the British draft are made apparent by the changed language of the United States draft.

10. Filed separately in State-War-Navy Coordinating Committee files—Lot 52 M 45: SWNCC 30 Series.
11. Ante, p. 9.
12. See telegram 1138, February 1, 8 p.m., p. 18.
13. For text of the agreement on control machinery in Germany signed November 14, 1944, by the representatives of the United States, the United Kingdom, and the Soviet Union on the European Advisory Commission in London, see Conferences at Malta and Yalta, p. 124; Department of State, Treaties and Other International Acts Series (TIAS) 3070; or United States Treaties and Other International Agreements (UST), vol. 5 (pt. 2), p. 2062.
14. The appendix itself, a draft memorandum from SWNCC to the Secretary of State setting forth the decisions of SWNCC, is not printed. The contents of the subsequent SWNCC memorandum to the Secretary of State are contained in Department’s telegram 3077, April 19, to London, p. 76.
15. Lt. Gen. Joseph T. McNarney.
16. Not printed.