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

740.019 EAC/1–2645

Memorandum by the United Kingdom Representative on the European Advisory Commission (Strang)³²

E.A.C.(45) 7
25 January, 1945.

Allied Control Machinery in Austria

I circulate, as a contribution to the discussions in the Commission, the draft of an Agreement between the four Powers outlining the structure and functions of the Allied Control Machinery in Austria. I trust that my colleagues will be willing to discuss this draft at an early meeting of the Commission.

2. The draft Agreement is designed to cover the period from the surrender of Germany or the cessation of organised German resistance until the establishment of a freely elected Austrian Government.

3. The draft proposes, in Article 14, that the system to be applied during the period after the establishment of an Austrian Government will form the subject of a separate Agreement between the Four Powers.

4. Interim arrangements for Four-Power Allied control in Austria will, however, in the view of the United Kingdom Government, also have to be made for the period between the occupation of Vienna and the entry into force of the proposed Agreement. A proposal in this sense was made on 30th October, 1944, by the United Kingdom Government to the Soviet Government in a letter addressed to M. Molotov³³ by His Majesty’s Ambassador in Moscow,³⁴ a copy of which was circulated to my colleagues on 1st December, 1944.³⁵ In reply, the Soviet Government suggested that this question should be discussed in the European Advisory Commission at the same time as the questions of the zones of occupation and of Allied control machinery in Austria. I should welcome an early expression of the views of my colleagues on this proposal.

W[illiam] S[trang]

London , 24 January, 1945.

[Annex]

Draft Agreement on Allied Control Machinery in Austria³⁶

(U.K. Delegation    24th January, 1945)

The Governments of the United Kingdom of Great Britain and Northern Ireland, the United States of America, and the Union of Soviet Socialist Republics, and the Provisional Government of the French Republic;

in view of the declaration issued at Moscow on the 1st November, 1943 in the name of the Governments of the United Kingdom, the United States of America and the Union of Soviet Socialist Republics, whereby the three Governments announced their agreement that Austria should be liberated from German domination, and that they considered themselves as in no way bound by any changes effected in Austria since the 15th March, 1938, and declared that they wished to see re-established a free and independent Austria;

have reached the following agreement with regard to the Allied Control Machinery in Austria during the period from the surrender of Germany or the cessation of organised German resistance until the establishment of a freely elected Austrian government.

Article 1

The Allied Control Machinery in Austria will consist of an Allied Council, an Executive Committee and staffs appointed by the four Governments concerned, the whole organisation being known as the Allied Commission for Austria.

Article 2

(a) The Allied Council will consist of four Military Commissioners, one appointed by each of the Governments concerned. In addition to being members of the Allied Council, the Military Commissioners will each be in supreme command of the forces of occupation in Austria furnished by his Government. Supreme authority in Austria will be exercised jointly, in respect of matters affecting Austria as a whole, by the Military Commissioners on instructions from their respective Governments, in their capacity as members of the Allied Council. Subject to this, each Military Commissioner, in his capacity as Commander-in-Chief of the forces of occupation furnished by his Government, will exercise supreme authority in the zone occupied by these forces. Each Commander-in-Chief in his zone of occupation will have attached to him for liaison duties military, naval and air representatives of the other Commanders-in-Chief of forces of occupation in Austria.

(b) The Military Commissioners will be replaced as soon as military conditions permit by civilian Commissioners;

(c) The Allied Council will meet at least once in ten days; and it will meet at any time upon request of any one of its members. Decisions of the Allied Council shall be unanimous. The Chairmanship of the Allied Council will be held in rotation by each of its four members;

(d) Each Military Commissioner will be assisted by a political adviser, who will, when necessary, attend meetings of the Allied Council.

Article 3

The Executive Committee will consist of one high-ranking representative of each of the four Commissioners. Members of the Executive Committee will, when necessary, attend meetings of the Allied Council.

Article 4

(a) The staffs of the Allied Commission in Vienna, appointed by their respective national authorities, will be organised in the following Divisions:—

Military; Naval; Air; Economic; Finance; Internal Affairs; Labour; Legal; Prisoners of War and Displaced Persons; Political; Transport.

Adjustments in the number and functions of the Divisions may be made in the light of experience.

(b) At the head of each Division there will be four officials, one from each Power. Heads of Divisions will take part in meetings of the Executive Committee at which matters affecting the work of their Divisions are on the agenda.

(c) The staffs of 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.

Article 5

The Allied Council will:—

(a) initiate plans and reach decisions on the chief military, political, economic and other questions affecting Austria, on the basis of instructions received by each Commissioner from his Government;

(b) ensure appropriate uniformity of action in the zones of occupation.

Article 6

The Executive Committee, acting on behalf of the Allied Council, will:—

(a) ensure the carrying out of the decisions of the Allied Council through the appropriate Divisions of the Allied Commission referred to in Article 4;

(b) co-ordinate the activities of the Divisions of the Allied Commission, and examine and prepare all questions referred to it by the Allied Council.

Article 7

The Divisions of the Allied Commission will:—

(a) advise the Allied Council and the Executive Committee;

(b) carry out the decisions of the Allied Council conveyed to them through the Executive Committee.

Article 8

The primary tasks of the Allied Commission for Austria will be:—

(a) to ensure the enforcement in Austria of the Instrument of Surrender of Germany;

(b) to achieve the separation of Austria from Germany;

(c) to secure the establishment, as soon as possible, of a central Austrian administrative machine;

(d) to prepare the way for the establishment of a freely-elected Austrian government;

(e) meanwhile to provide for the administration of Austria to be carried on.

Article 9

In the period before the establishment of departments of a central Austrian administration, which period shall be as short as possible, the decisions of the Allied Commission, insofar as they may require action in the respective zones, will be carried out through the occupying forces. The necessary instructions to the occupying forces will be given by the respective Military Commissioners, in their capacity as Commanders-in-Chief, on the basis of decisions of the Allied Council. In enforcing the terms of surrender and in conducting or directing the administration in their zones in accordance with such instructions, the occupying forces will make use of such Austrian administrative organs existing in the provinces as can be used.

Article 10

As soon as departments of a central Austrian administration have been sufficiently established, they will be directed to assume their respective functions as regards Austria as a whole. In the fulfilment of its tasks, the Allied Commission will thenceforward work through such departments. It will then be the duty of the Divisions to control the activities of the respective departments and to communicate to them the decisions of the Allied Council and Executive Committee.

Article 11

(a) An Inter-Allied Governing Authority (Komendatura) consisting of four Commandants, one from each Power, appointed by their respective Commissioners, will be established to direct jointly the administration of “Greater Vienna”. 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 organised to serve the purpose of supervising and controlling the activities of those local organs of “Greater Vienna” which are responsible for its municipal undertakings.

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

Article 12

The necessary liaison with the Governments of other United Nations chiefly interested will be ensured by the appointment by such Governments of military missions (which may include civilian members) to the Allied Council.

Article 13

United Nations’ organisations which may be admitted by the Allied Council to operate in Austria will, in respect of their activities in Austria, be subordinate to the Allied Commission and answerable to it.

Article 14

The nature and extent of the Allied direction and guidance which will be required after the establishment of a freely elected Austrian Government will form the subject of a separate agreement between the four Powers.

32. Transmitted to the Department as an enclosure to despatch 20639, January 26, from London; received January 30.
33. Vyacheslav Mikhailovich Molotov, People’s Commissar for Foreign Affairs of the Soviet Union.
34. Archibald J. K. Clark Kerr.
35. Not printed; regarding a parallel approach made by the American Chargé in Moscow (Kennan), and summary of reply from Molotov, see telegram 2453, October 17, 1944, to Moscow, and telegram 4214, November 3, 1944, from Moscow, Foreign Relations, 1944, vol. i, pp. 466 and 467, respectively.
36. Circulated in the European Advisory Commission by the United Kingdom Delegation on January 24, 1945.