C.F.M. Files: Lot M–88: Box 2061: CFM Documents

Memorandum by the United States Delegation at the Council of Foreign Ministers

C.F.M. (46) 3

Proposals for a Treaty for the Reestablishment of an Independent and Democratic Austria

I. Reestablishment and Guarantee of Independence

The Four Powers affirm their recognition of Austria’s reestablishment as an independent and democratic state. They agree to maintain, under the authority of the Security Council of the United Nations, against any impairment, the independence and territorial integrity of Austria as established by this treaty. The Four Powers will support the entry of Austria into the United Nations immediately upon the coming into effect of this treaty. The Agreement on Control Machinery for Austria and the Agreement on Zones of Occupation in Austria and the City of Vienna, now in effect, will be terminated upon the coming into effect of this treaty.

II. Territorial Provisions for Austria

The frontiers between Austria, on the one hand, and Switzerland, Liechtenstein, Czechoslovakia, Yugoslavia, Hungary, and Germany, on the other hand, will remain as of December 31, 1937, to be shown on map to be attached to the treaty.
The frontier between Austria and Italy will remain unchanged, subject to hearing any case which Austria may present for minor rectifications in her favor. If minor rectifications are agreed on in Austria’s favor, the proposed treaty should contain an agreement for the guarantees of the civic rights of the population involved.

III. Human Rights

By the treaty Austria would undertake to take all measures necessary to secure to all persons under its jurisdiction, without distinction as to race, sex, language or religion, the enjoyment of human rights and of the fundamental freedoms including freedom of expression, press and publication, of religious worship, of political opinion, and of public meeting.
By the treaty Austria would likewise undertake not to permit in the future the existence and activities of organizations which have as their aim denial to the people of their democratic rights.
Furthermore, Austria should agree to complete measures already taken to set free all persons held in confinement on account of their activities in favor of United Nations or because of their sympathies in favor of the United Nations, or because of their racial origin, and to repeal discriminatory legislation. It would undertake not to take any measures or enact any laws incompatible with these objects and purposes.

IV. Economic Settlement

The treaty should provide a settlement, in the light of the Potsdam Agreement, with respect to German assets in Austria. The treaty should assure the economic security envisaged for Austria in the Moscow Declaration and leave the Austrian Government in complete and sovereign control of its economic resources and economic activity within its frontiers. It should also provide a settlement between the United Nations and Austria and between Austria and Germany of all aspects of the problems of restitution (on the basis of the United Nations Declaration on Axis Acts of Dispossession), claims, and property rights.

The treaty should include guarantees, on a basis of reciprocity, of equality of economic opportunity for nationals of the United Nations with respect to Austrian trade, raw materials and industry, as well as in the use of Austrian waterways, transportation and aviation facilities. These guarantees might be limited in duration to a period of three years, to permit the negotiation of new commercial treaties and agreements embodying these principles.

V. International Relations

The treaty would provide for the restoration of Austrian sovereignty and termination of all foreign rights or controls within Austria except as might be reserved in specific clauses of the treaty. The treaty should likewise make provision for the resumption of the diplomatic relations of Austria with other States. Austria would undertake to consider as null and void any treaty or agreement or arrangement concluded prior to March 13, 1938 which tends to impair its independence.

VI. War Crimes

Appropriate provision would be made in the treaty to deal with the problem of war criminals.

VII. Military and Air Clauses

The maintenance of armaments for land and air would be closely restricted to the necessities of (a) maintenance of order in Austrian territory, (b) local frontier defence and (c) such military contingents, [Page 126] if any, in addition to the foregoing as may be required by the Security Council.

VIII. The Danube

The Treaty should contain guarantees of freedom of commerce and navigation on the Danube and should provide that Austria will enjoy equal status with other countries in any interim or permanent international regime established for the Danube River System.

IX. Treaty Commission

There should be established a Treaty Commission to consist of representatives of France, the U.S.S.R., the U.K., and the U.S.A. which would perform such functions as might be assigned to it by specific provisions of the treaty and would have adequate powers to assist the Austrian Government in the final disposition of questions arising from the occupation of Austria. The Commission should carry out the tasks assigned to it as soon as possible and in any event would complete its work within a period to be determined in the treaty.

Note: The provisions to embody the foregoing principles would, to a large extent, be modeled upon provisions which have already been discussed or agreed for inclusion in the Peace Treaty with Italy and/or Balkan States.