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

CFM Files

Record of Recommendations by the Conference on the Draft Peace Treaty With Bulgaria

undated

I. By a majority of two thirds or more.

a. Articles of the Draft Peace treaty drawn up by the Council of Foreign Ministers, adopted without modification.

• Article 2.
• Article 3.
• Article 4.
• Article 5.
• Article 6.
• Article 7.
• Article 8.
• Article 9.
• Article 10.
• Article 11.
• Article 13.
• Article 14.
• Article 15.
• Article 16.
• Article 17.
• Article 18.
• Article 19.
• Article 21, §§ 3, 4, 5, 6, 7.
• Article 22, §§ 1, 2, 3, 5, 6, 7, 8.
• Article 23.
• Article 26.
• Article 27, §§ 1, 2 et 4.
• Article 28, §§ 1a et b.
• Article 31.
• Article 33.
• Article 35.
• Article 36.
• Annex 2.
• Annex 3.
• Annex 4, part A, §§ 1, 2, 3, 5, 6, 8.

b. Articles of the Draft Peace Treaty drawn up by the Council of Foreign Ministers, adopted with modification and new recommendations.

• Preamble.
• Article 12.
• Article 20^*
• Article 21, §§ 1 et 2.
• Article 22, §§ 4c, d, e.
• Article 24.
• Article 25.
• Article 27, § 3.
• Article 28, § 1c addition (civil aviation).
• Article 28 bis (new article).
• Article 30.
• Article 32.
• Article 34.
• Annex 4, Section A, §§ 4 et 7.
• Annex 5, Section V (new section).

II. Adopted by a simple majority.

a. Articles of the Draft Peace Treaty drawn up by the Council of Foreign Ministers, adopted without modification.

• None.

b. Articles of the Draft Peace Treaty drawn up by the Council of Foreign Ministers, adopted with modification and new recommendations.

• Article 2a (new article).
• Article 11 bis (new article).
• Article 20, 125.000.000 dollars to Greece and Yugoslavia. Additional provisions.
• Article 22, § 4 Extent of compensation, §§ 4a, b.
• Article 28, § 1c (State monopolies).
• Annex 5, Section III.

TEXTS

I.—New Articles and Modification to Articles of the Draft Peace Treaty With Bulgaria Adopted by a Majority of Two-Third[s] or More

Preamble

Paragraphs 1, 2 and 3: without modification.

Paragraph 4:

Whereas the Allied and Associated Powers and Bulgaria are respectively desirous of concluding a Treaty of Peace which, conforming to the principles of justice will settle questions still outstanding as a result of the events hereinbefore recited and will form the basis of friendly relations between them, thereby enabling the Allied and Associated Powers to support Bulgaria’s application to become a Member of the United Nations and also to adhere to any Convention concluded under the auspices of the United Nations.

Paragraph 5: without modification.

Article 12

Bulgaria shall not possess, construct or experiment with any atomic weapon, any self-propelled or guided missiles or apparatus connected with their discharge (other than torpedoes and torpedo launching gear inherent to naval vessels permitted by this Treaty), sea-mines or torpedoes of non-contact types actuated by influence mechanisms, torpedoes capable of being manned, submarines or other submersible craft, motor torpedo boats (M. T. B.) or specialised types of assault craft.

Article 20^†

Losses caused to Yugoslavia and Greece by military operations and by the occupation by Bulgaria of the territory of those States will be indemnified by Bulgaria to Yugoslavia and Greece, but, taking into consideration that Bulgaria has not only withdrawn from the war against the United Nations, but has declared and in fact, waged war against Germany, the Parties agree that compensation for the above losses will be made by Bulgaria not in full but only in part, namely to the amount of United States dollars payable over years. The basis for calculating the settlement provided for in this Article will be the United States dollar at its gold parity on July 1, 1946, i. e. 35 dollars for one ounce of gold.

Article 21

Paragraph 1:

1. Bulgaria accepts the principles of the United Nations Declaration of January 5, 1943, and will return in the shortest possible time property removed from United Nations Territories.

Paragraph 2:

2. The obligation to make restitution applies to all identifiable property at present in Bulgaria which was removed by force or duress by any of the Axis Powers from the territory of any of the United Nations, irrespective of any subsequent transactions by which the present holder of any such property has secured possession.

If in particular cases it is impossible for Bulgaria to make restitution of objects of artistic, historic or archeological value belonging to the cultural heritage of the United Nations from which such objects were removed by force or duress by Bulgarian Forces and authorities or by Bulgarian nationals, Bulgaria undertakes to transfer to the United Nation concerned objects of the same kind and of substantially equivalent value to the objects removed, in so far as such objects are obtainable in Bulgaria.

Article 22

Paragraph 4:

Subparagraphs c, d and e:

c. Compensation shall be paid free of any levies, taxes or other charges. It shall be freely usable in Bulgaria but shall be subject to the foreign exchange control regulations which may be in force in Bulgaria from time to time.

d. The Bulgarian Government agrees to accord to United Nations nationals fair and equitable treatment in the allocation of materials for the repair or rehabilitation of their property and in the allocation of foreign exchange for the importation of such material and will in no event discriminate in these respects against such nationals as compared with Bulgarian nationals.

e. The Bulgarian Government shall grant nationals of the United Nation an indemnity in levas sufficient to compensate at the date of payment, the loss and damage due to the special measures taken against their property during the war, and which were not applied to Bulgarian property.

Article 24

1. Each of the Allied and Associated Powers shall have the right to seize, retain, liquidate or take any other action with respect to all property, rights and interests within its territory which on the date of the coming into force of this Treaty belong to Bulgaria or to Bulgarian nationals, and to apply such property or the proceeds thereof to such purposes as it may desire, within the limits of its claims and those of its nationals against Bulgaria or its nationals, including debts, other than claims fully satisfied under other Articles of the present Treaty. All Bulgarian property, or the proceeds thereof, in excess of the amount of such claims, shall be returned.

2. The liquidation and disposition of Bulgarian property shall be carried out in accordance with the law of the Allied or Associated Power concerned. The Bulgarian owner shall have no rights with respect to such property except those which may be given him by that law.

3. The Bulgarian Government undertakes to compensate Bulgarian nationals whose property is taken under this Article and not returned to them.

4. No obligation is created by this Article on any Allied or Associated Power to return industrial property to the Bulgarian Government or Bulgarian nationals, or to include such property in determining the amounts which may be retained under paragraph 1 of this Article. The Government of each of the Allied and Associated Powers shall have the right to impose such limitations, conditions and restrictions on rights or interests with respect to industrial property acquired prior to the coming into force of the present Treaty in the territory of that Allied or Associated Power by the Government or nationals of Bulgaria, as may be deemed by the Government of the Allied or Associated Power to be necessary in the national interest.

5. The property covered by paragraph 1 of this Article shall be deemed to include Bulgarian property which has been subject to control by reason of a state of war existing between Bulgaria and the Allied or Associated power having jurisdiction over the property, but shall not include:

a. Property of the Bulgarian Government used for consular or diplomatic purposes;

b. Property belonging to religious bodies or private charitable institutions and used for religious or charitable purposes;

c. Property of natural persons who are Bulgarian nationals permitted to reside within the territory of the country in which the property is located or to reside elsewhere in United Nations territory, other than Bulgarian property which at any time during the war was subjected to measures not generally applicable to the property of Bulgarian nationals resident in the same territory;

d. Property rights arising since the resumption of trade and financial relations between Bulgaria and the Allied and Associated Powers, or arising out of transactions between Bulgaria and the Governments of any Allied or Associated Power since October 28, 1944.

e. Literary and artistic property rights.

Article 25

Bulgaria hereby renounces on its own behalf and on behalf of Bulgarian nationals all claims, including debts, against Germany and German nationals outstanding on May 8, 1945, except those arising out of contracts and other obligations entered into, and rights acquired before September 1, 1939. This renunciation shall be deemed to include not only all inter-governmental claims in respect of arrangements entered into in the course of the war, but also all claims for loss or damage arising during the war. The renunciation shall be without prejudice to any dispositions in favour of Bulgaria or Bulgarian nationals made by the Powers in occupation of Germany.

Article 27

Paragraph 3.

Bulgaria likewise waives all claims of the nature covered by paragraph 1 of this Article on behalf of the Bulgarian Government or Bulgarian nationals against any of the United Nations whose diplomatic relations with Bulgaria were broken off during the war and which took action in co-operation with the Allied and Associated Powers.

Article 28

Paragraph 1c.—(Civil Aviation.)

It is further understood that the foregoing provisions of paragraph c. shall not apply to civil aviation, but that Bulgaria will grant no exclusive or discriminatory right to any country with regard to the operation of civil aircraft in international traffic, will afford all the United Nations equality of opportunity in obtaining international commercial aviation rights in Bulgarian territory, and will grant to all the United Nations on a basis of reciprocity and without discrimination, with regard to the operation of civil aircraft in international traffic, the right to fly over Bulgarian territory without landing and to make landings in Bulgarian territory for non commercial purposes.

Paragraph 2.

The foregoing undertakings by Bulgaria shall be understood to be subject to the exceptions customarily included in commercial treaties concluded by Bulgaria before the war, and the provisions with respect to reciprocity granted by each of the United Nations shall be understood to be subject to the exceptions customarily included in the commercial treaties concluded by that Power.

Article 28 bis (new article)

Bulgaria shall facilitate as far as possible railway traffic in transit through its territory at reasonable rates and shall negotiate with neighbouring states all reciprocal agreements necessary for this purpose.

Article 29

Any disputes which may arise in connection with Articles 21 and 22 (and Annexes 4, 5 and 6) of the present Treaty shall be referred to a Conciliation Commission composed of an equal number of representatives of the United Nations Government concerned and of the Bulgarian Government. If agreement has not been reached within three months of the dispute having been referred to the Conciliation Commission, either Government may require the addition of a third member to the Commissions and failing agreement between the two Governments on the selection of this member, the President of the International Court of Justice shall be requested to make the appointment. The decisions of the commission, as so constituted, shall be taken by the same procedure as is provided for decisions of the International Court itself in Article 48 and 55–57 of the statute of the Court and shall be final and binding on all parties.

Article 30

Articles 21, 22 and Annex 6 of the present Treaty shall apply to the Allied and Associated Powers and France and to those of the United Nations whose diplomatic relations with Bulgaria have been broken off during the war.

Article 32

1. Navigation on the Danube river shall be free and open on terms of entire equality to the nationals, vessels of commerce and goods of all states.

2. With a view to ensuring the practical application of this principle, Bulgaria undertakes to take part, together with France, the U.S.S.R., the United Kingdom, the United States of America and the Danubian states, in a Conference which shall be convened within six months of the entry into force of this Peace Treaty, with the object of establishing a new International Regime for the Danube.

Article 34

Except where any other procedure is specifically provided under any Article of the present Treaty, disputes concerning the interpretation or execution of the Treaty shall be referred to the three Heads of Mission acting as provided under Article 33, and, if not resolved by them within a period of two months, shall, at the request of any party to any dispute, be referred to the International Court of Justice. Any dispute still pending [at], or arising after, the date when the Heads of Mission terminate their functions under Article 33 and which is not settled by direct diplomatic negotiations, shall equally, at the request of any party to the dispute, be referred to the International Court of Justice.

Annex 4

Section A

Paragraph 4:

The foregoing provisions concerning the rights of the Allied and Associated Powers or their nationals shall apply equally to Bulgaria and its nationals. But nothing in these provisions shall entitle Bulgaria or its nationals to more favourable treatment in the territory of any of the Allied and Associated Powers than is accorded by such Power in like cases to other United Nations or their nationals, nor shall Bulgaria be required thereby to accord to any of the Allied or Associated Powers or its nationals more favourable treatment than Bulgaria or its nationals receive in the territory of such Power in regard to the matters dealt with in the foregoing provisions.

Paragraph 7:

Bulgaria shall extend the benefits of Section A of this Annex to France and to other United Nations, other than Allied or Associated Powers, whose diplomatic relations with Bulgaria have been broken off during the war and which undertake to extend to Bulgaria the benefits accorded to Bulgaria under Section A of this Annex.

Annex 5

Section V (new section)

Having regard to the legal system of the United States of America, the provisions of this Annex shall not apply as between the United States of America and Bulgaria.

Annex 6

The Bulgarian Government shall take the necessary measures to enable nationals of any of the United Nations at any time within one year after the coming into force of the present Treaty to submit to the appropriate Bulgarian authorities for review any judgment given by a Bulgarian court between April 24, 1941, and the coming into force of the present Treaty in any proceeding in which the United Nations national was unable to make adequate presentation of his case as plaintiff or defendant. The Bulgarian Government shall provide that, where the United Nations national has suffered injury by reason of any such judgment, he shall be restored in the position in which he was before the judgment was given or shall be afforded such relief as may be just and equitable in the circumstances. The term “United Nations nationals” includes corporations or associations organised or constituted under the laws of any of the United Nations.

II.—New Articles and Modifications to the Articles of the Draft Peace Treaty With Bulgaria Adopted by a Simple Majority

Article 2a. (new article)

Bulgaria further undertakes that the laws in force in Bulgaria shall not, either in their content or in their application, discriminate or entail any discrimination between persons of Bulgarian nationality on the ground of their race, sex, language or religion, whether in reference to their persons, property, business, professional or financial interests, status, political or civic rights, or any other matters.

Article 11 bis

a. The following construction to the north of the Greco-Bulgarian frontier is prohibited: permanent fortifications where weapons capable of firing into Greek territory can be emplaced; permanent military installations capable of being used to conduct or direct fire into Greek territory; and permanent supply and storage facilities emplaced, solely for the use of the said fortifications;

b. This prohibition does not include the other types of non-permanent fortifications or surface accommodations and installations which are designed to meet only requirements of an internal diameter and of local defence of the frontiers.

Article 20

(Amount of reparations and additional provisions.)

a. Bulgaria shall pay to Greece and Yugoslavia reparations to a value of 125,000,000 United States dollars,^‡ payable to the two countries in equal parts, within six years from the coming into force of the present Treaty, in kind (agricultural produce, live-stock, coal and other products of Bulgaria’s economy, as well as locomotives, wagons and other railway material, etc.)

b. The quantities and categories of goods to be delivered shall be determined by agreements to be concluded between the Governments of Greece and Yugoslavia, with Bulgaria. These agreements will be communicated to the Heads of the Diplomatic Missions in Sofia of the United States of America, United Kingdom and U. S. S. R.

c. The prices of goods delivered under the present Article shall be calculated in levas on the basis of the official wholesale prices of goods concerned in Bulgaria. The levas shall be converted into dollars at the mean rate between the buying and selling rates (inclusive of premium) of the National Bank of Bulgaria for the dollar at the time of delivery. The cost of transport to a Greek or Yugoslav port or to the Greek or Yugoslav frontier shall be chargeable to the Bulgarian Government.

Article 22

Paragraph 4, Extent of compensation, sub-paragraphs a and b:

a. The Bulgarian Government will be responsible for the restoration to complete good order of the property returned to United Nations nationals under paragraph 1 of this Article. In cases where property cannot be returned or where as a result of the war a United Nations national has suffered a loss by reason of injury or damage to property, he shall receive from the Bulgarian Government compensation in levas to the extent of 75 per cent of the sum necessary, at the date of payment, to purchase similar property or to make good the loss suffered. In no event shall the United Nations nationals receive less favorable treatment with respect to compensation than that accorded to Bulgarian nationals.

b. United Nations nationals who have ownership interests, held directly or indirectly in corporations or associations which are not United Nations nationals within the meaning of paragraph 8a of this Article, but which have suffered a loss by reason of injury or damage to property shall receive compensation in accordance with subparagraph a above. This compensation shall be based on the total loss or damage suffered by the corporation or association and shall bear the same proportion to such loss or damage as the beneficial interest of such nationals bears to the total capital of the corporation or association.

Article 28

Paragraph 1c: (States monopolies.)

c. Natural and legal persons who are nationals of any of the United Nations shall be granted national and most-favored-nation treatment in all matters pertaining to commerce, industry, shipping and other forms of business activity within Bulgaria.

This paragraph shall not be deemed to confer on the United Nations, or their nationals, rights to engage in any branch of commerce, industry, shipping or other form of business activity which under Bulgarian law is a monopoly of the Bulgarian state. Nevertheless, the most-favoured nation principle shall be observed in any such cases in which foreign participation is allowed.

Annex 5

Section III.—Negotiable Instruments

1. As between enemies no negotiable instrument made before the war shall be deemed to have become invalid by reason only of failure within the required time to present the instrument for acceptance or payment or to give notice of non-acceptance or non-payment to drawers or endorsers or to protest the instrument, nor by reason of failure to complete any formality during the war.

2. Where the period within which a negotiable instrument should have been presented for acceptance or for payment, or within which notice of non-acceptance or non-payment should have been given to the drawer or endorser or within which the instrument should have been protested, has elapsed during the war and the party who should have presented or protested the instrument or have given notice of non-acceptance or non-payment has failed to do so during the war, a period of not less than three months from the coming into force of the present Treaty shall be allowed within which presentation, notice of non-acceptance or non-payment or protest may be made.

3. If a person has either before or during the war become liable upon a negotiable instrument in accordance with an undertaking given to him by a person who has subsequently become an enemy, the latter shall remain liable to indemnify the former in respect of his liability notwithstanding the outbreak of war.

1. Figures in blank in the Draft Treaty were adopted by a simple majority, see IIb [Footnote in the source text].
2. Figures in blank in the Draft Treaty were adopted by a simple majority. See IIb. [Footnote in the source text.]
3. The figure of 125 million dollars has been voted separately. [Footnote in the source text.]