Foreign Relations of the United States, 1946, Paris Peace Conference: Documents, Volume IV

C.P.(Gen)Doc.1.B.24.

Article 22

undated

Redraft Article to read:

1. “Losses caused to the Soviet Union by military operations and by the occupation by Roumania of Soviet territory will be made good by Roumania to the Soviet Union. Taking into consideration, however, that Roumania not only withdrew from the war against the United Nations, but declared and in fact waged war against Germany, it is agreed that compensation for the losses referred to shall be made by Roumania not in full but only in part.

2. “The total amount to be paid by Roumania in reparation shall be determined within a period of six months from the date of coming into force of the present Treaty, by the Reparation and Restitution Commission established under Article 23A (See immediately following proposed new article). In making this determination, the Commission shall have regard to the reasonable capacity to pay of the Roumanian economy and shall not impose such a burden upon Roumania as to endanger her economic stability or check unduly the postwar recovery of her industry and trade.

3. “The Commission shall determine the value of the commodities transferred by Roumania to the Soviet Union under the terms of the Armistice Agreement of September 12th, 1944, and of any other Roumanian property that may have Roumania and the Allied and Associated Powers. The total amount of such transfers shall be taken into account by the Commission as part of the reparations due from Roumania to the Soviet Union.

4. “The balance of the total amount determined by the Commission shall be provided by a series of payments in dollars, sterling or other currencies approved by the Commission, calculated as a percentage of the value of Roumania’s exports each year. The Commission may adjust the sums payable each year according to the economic position of Roumania, and the payments shall be spread over a period of not less than five, but not more than ten years from the date of coming into force of the present Treaty. The sums provided under this paragraph after deduction of the administrative expenses of the Commission, will be paid by the Commission to the Soviet Union. In view of the provisions of this paragraph, no further transfers of commodities, as envisaged in the Armistice Agreements, shall be made after the date of coming into force of the present Treaty.”

Note.—This redraft is based on assumption that Russia is the only claimant. Similar redraft would apply to Finland. In the event of claims by others, the redraft would follow that submitted in the case of Italy, Bulgaria and Hungary.