740.00119 Council/3–1346: Telegram

The Acting Secretary of State to the Ambassador in the United Kingdom (Winant)

top secret

2760. For Dunn and Reinstein. Reurtel 2964 Mar 13, Delsec 1270;31 Deptel 1791 Feb 26. You are correct in assuming Dept is not disposed to press for particular type of treaty regime i.e. riparian as against non-riparian or vice versa—in satellite peace treaties.

[Page 233]

Dept agrees USDel should not support British position that satellites (and presumably Austria) should be required to agree to adopt whatever arrangements may in future be agreed upon for control of Danube once they are no longer enemy states. US views incorporation of Danube provisions not as penalty to be imposed upon defeated nations but as method of supporting political independence of peoples of this region. Furthermore we see no reason for referring in peace treaties to reestablishment of prewar arrangements but you should not oppose decision either way.

Dept desires following language be included in treaty:

Navigation on Danube River, its navigable tributaries and connecting canals shall be free and open on terms of entire equality to nationals, vessels of commerce and goods of all nations.
Sanitation, police and other regulations pertaining to Danube River system shall be just and reasonable.
No impediments to navigation shall be placed in main channels of waterways in question or along their shores. Riparian states shall be under obligation to remove any existing obstacles in main channels lying within their jurisdiction or to permit international authorities which may be set up for any waterway flowing through their territory to do so in their stead.
Tolls and all other charges shall be levied only for purpose of defraying cost of maintaining and developing waterway in commercially navigable condition. No tolls shall be levied for navigation of any part of naturally navigable waterway. All charges shall be made without discrimination against nationals, vessels of commerce and goods of any nation and must be posted in public places.
Austria (or whatever satellite country is in question) shall have equal status with other member states in establishment and operation of any temporary or permanent international regime for Danube River.

Should above provisions be too detailed and specific, you may drop points (2), (3) and (4) either before presentation or as negotiating move.

In addition to above provisions relating specifically to Danube, it would be desirable to incorporate following language with regard to rates on all surface transportation in appropriate section of commercial policy provisions:

1. Transportation charges shall be reasonable as to rates and method of application, non-discriminatory, and should be so fixed as to facilitate international traffic. No transit charge shall be levied except to defray expenses of supervision and administration entailed by transit traffic concerned.

For your information, in addition to efforts to incorporate provisions in peace treaties, Dept has approached Soviets re Danube in connection with billion-dollar loan negotiations and consideration [Page 234] is being given to a US, UK and French approach to Moscow urging Soviets to implement resolution of Jan 22 of AC in Austria. (Deptel 486 Mar 16 to Moscow rptd to London)

In addition a proposed revision of JCS directive on restitution to German and Austrian ACS so as to withhold restitution of Danube River craft in US zones until Danube is opened to navigation is under consideration.

Sent to London repeated to Vienna, Paris, Praha, Moscow, Belgrade, Budapest, and Bucharest.

  1. Not printed.