CFM Files

United States Delegation Journal

USDel (PC) (Journal) 38

The Commission adopted the draft paragraph agreed to by the U.K., U.S., U.S.S.R. and France in substitution for the second subparagraph of Annex 4A, paragraph 4.70 The previously disagreed second subparagraph of paragraph 4 and the U.S.S.R. and U.S. comments were deleted from the Annex. Paragraphs 5 and 6 of Annex 4 A were adopted without discussion. The U.S. Representative suggested that a provision based on the principles set forth in Article 32 of the Treaty would be used as a formula to avoid the difficulties concerning paragraph 7 of Annex 4 A. The U.S.S.R. Representative spoke in favor of this method of procedure and it was decided that a text along this line should be discussed at the meeting on Thursday.

The Rumanian Delegation was admitted to the meeting and M. Jean G. Maurer, Under Secretary of State for Rumania, gave the oral views of Rumania on Article 24, urging that Rumania should pay only partial compensation for war damages and that the period for which it should be held responsible should extend only to August 23, 1944. He based his contention on Article 11 of the Armistice and on the fact that Rumania entered the war on the side of the Allied and Associated Powers on August 23, 1944. He also argued that some [Page 418] firms in Rumania who were United Nations nationals had made large profits during the war. The Rumanian Representative said that it was not certain that payment of compensation not involving transfer of property out of the country would react to the economic betterment of Rumania, pointing out that the benefit of reinvestment would depend on whether the reinvestment was made in a field where investments are needed or was made in an already over-developed field.

The Rumanian Delegation was opposed to paragraph 3 of Article 24 on the grounds that it is an invasion of the Rumanian sovereignty to indicate treatment to be granted to Rumanian nationals, that the use of the words “during the war” in subparagraph a would result in treating nationals of Axis powers in the same manner as nationals of the United Nations since Rumania was at war with the Axis after August 23, 1944, and that there would be discrimination against a great majority of Rumanian nationals under the terms of the paragraph.

The Commission decided that the Rumanian Delegation should submit the answers to the questions propounded to them by the Commission in writing and that if the Commission decided it is necessary to do so the Rumanian Delegation will be requested to attend another meeting of the Commission for further discussion of the answers.

The Commission will meet again on Thursday at which time it will examine the Rumanian answers; Annex 4 A, paragraph 8; and if possible sections B, C and D of Annex 4.

  1. For text, see C.P.(Plen) Doc. 29, Report of the Commission on the Draft Treaty with Rumania, vol. iv, p. 434.