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

740.00119 Control (Austria)/10–145: Telegram

The United States Military Commissioner in Austria (Clark) to the Joint Chiefs of Staff ³¹

Vienna, 1 October 1945.

PV 7841. Referring to my PV 7803 of September 29, at a meeting of the Allied Council on October 1, the following resolution was unanimously passed:

1. “After considering the memorandum of the head of the Provisional Austrian Government, Doctor Karl Renner, dated 29 September 1945,³² communicating the agreed decisions of the Austrian Provincial Conference which took place from 24 to 26 September 1945, the members of the Allied Council recommend to their respective government that the authority of the Provisional Austrian Government, broadened as a result of the Laender Conference, should extend to the whole of Austria, subject to the conditions enumerated in paragraphs 2, 3, 4 and 5.

2. The Provisional Austrian Government will function under the guidance and control of the supreme authority in Austria: the Allied Council. The control over the ministries and departments of the government will be exercised through the machinery of the Allied Commission. Certain functions of government which will be the subject of a separate recommendation will be reserved to the Allied Council.

3. One of the main duties of the Provisional Austrian Government will be to hold free elections not later than December 1945.

4. The Provisional Austrian Government is empowered to enact laws applying to the whole of Austria, provided that they shall first be submitted for approval to the Allied Council and provided that this shall not defeat [affect?] the validity, within the part of Austria occupied by the forces of the Soviet Union, of any provision enacted between May 1, 1945, and the date on which a new law applying to the whole of Austria is enacted in its place. In this connection, the Allied Council takes note that the Provincial Conference decided to examine the provisions referred to above and requires that the result of this study shall be communicated to it for consideration.

5. Nothing in this resolution affects the validity of any Military Government legislation now in force or hereafter to be enacted.

6. A copy of the memorandum submitted by the head of the Provisional Government in Austria, Doctor Karl Renner, will be forwarded to the Council of Foreign Ministers in London.”

The Council also passed a resolution by [on] the Democratic Press in Austria, the principal provision of which is that there is to be no censorship. However, certain conditions are set forth to guide the press, violations of which will result in penalties.³³

A further resolution was approved prohibiting effective December 1 the wearing of military uniforms to former personnel of the German Army and to Austrian civilians unless dyed a color other than gray or khaki.

[Clark]

31. This telegram was sent for information to the Secretary of State in London.
32. A copy of Dr. Renner’s memorandum was sent to the Department under cover of despatch 256, from the U.S. Political Adviser for Austrian Affairs, October 1; not printed.
33. The text of the resolution of October 1 entitled “Democratic Press in Austria” is printed in the Gazette of the Allied Commission for Austria, No. 1, December 1945–January 1946, p. 28.