CFM Files: Lot M–88: Box 58

Report of the Deputies for Austria to the Council of Foreign Ministers

secret
CFM (47) (M) 82

Draft Treaty for the Re-Establishment of an Independent and Democratic Austria

[Editor’s Note: The text printed here incorporates the additions contained in document CFM(47) (M)130, April 15, 1947, and the corrigendum thereto.

The Deputies for Austria began the preparation of a draft Austrian treaty during their meetings in London from January 14 to February 25, 1947. A preliminary text (not printed) was included by the [Page 517]Deputies in their Report to the Council of Foreign Ministers, CFM (D) (47) (A) 102, February 25, 1947, page 134. On March 11, following the opening of the Moscow Session of the Council of Foreign Ministers, the Deputies for Austria resumed work on the draft treaty. Following submission of their Report to the Council on March 29, the Deputies continued consideration of articles on which agreement had not yet been reached. The Council of Foreign Ministers discussed the draft Austrian treaty at the following meetings: 30th, April 16, 31st, April 17, 32nd, April 17, 34th, April 18, 35th, April 19, 36th, April 19, 37th, April 20, 39th, April 21, 42nd, April 23, 43rd, April 24, 2nd Informal, April 21, 3rd Informal, April 22, and 4th Informal, April 22. For the records of decision and the reports on these meetings, see pages 344390 passim.

The text printed here is that which was referred to the Council by the Deputies on March 29 together with the addenda of April 15. Disagreed articles are indicated by brackets as in the source text. Unless otherwise indicated, the footnotes here printed appear in the source text. The original footnote enumeration has been retained. Footnotes supplied by the editor continue seriatim from the preceding document. Portions of this text deleted by the Council of Foreign Ministers in the course of their consideration are indicated by cancelled type. Revisions and additions to the text adopted by the Council are printed in italic type. Appropriate annotations identify the new texts of articles brought before the Council during its deliberations on the treaty. Certain minor linguistic changes adopted by the Draft Committee of the Deputies for Austria and recorded on a copy of CFM (47) (M) 82 filed in Lot M–88, Box 74, “Austrian Treaty Corrected to End of Moscow Conference,” are also indicated here.]

Preamble

1. The Union of Soviet Socialist Republics, the United States of America, the United Kingdom of Great Britain and Northern Ireland, the United States of America and France, (1 ) hereinafter referred to as “the Allied and Associated Powers”(2 ) of the one part and Austria of the other part;

2. Whereas on March 13, 1938, Hitlerite Germany annexed Austria by force and incorporated her its territory in the German Reich;

[Page 518]

3. Whereas, following this annexation, Austria, as an integral part of Hitlerite Germany, participated in the war against the Allied and Associated Powers and other United Nations, and whereas Germany made use for this purpose of Austrian territory, troops and material resources and Austria cannot avoid certain [responsibility—responsibilitiesconsequences](3 ) arising from this participation in the war;

4. Whereas in the Moscow Declaration of November 1, 1943, the Governments of the Union of Soviet Socialist Republics, the United Kingdom and the United States of America and the United Kingdom declared that they regarded the annexation of Austria by Germany on March 13, 1938, as null and void and affirmed their wish to see Austria re-established as a free and independent State and the French Committee of National Liberation made a similar declaration on November 16, 1943;

5. Whereas as a result of the Allied victory Austria was liberated from the domination of Hitlerite Germany;

6. Whereas the Allied and Associated Powers, and Austria, taking into account the importance of the efforts which the Austrian people themselves have made and will have to continue to make for the restoration and democratic reconstruction of their country, desire to conclude a treaty re-establishing Austria as a free, independent and democratic State, thus contributing to the restoration of peace in Europe;

7. Whereas the Allied and Associated Powers desire by means of the present Treaty to settle in accordance with the principles of justice all questions which are still outstanding in connection with the events referred to above including the annexation of Austria by Hitlerite Germany and participation in the war of Austria as an integral part of Germany; and

8. Whereas the Allied and Associated Powers Union of Soviet Socialist Republics, the United States of America, the United Kingdom of Great Britain and Northern Ireland, and France (4 ) of the one part, and Austria of the other part, are accordingly desirous for these purposes of concluding the present Treaty to serve as the basis of [Page 519]friendly relations between them thereby enabling and to enable the Allied and Associated Powers Union of Soviet Socialist Republics, the United States of America, the United Kingdom of Great Britain and Northern Ireland, and France (4 ) to support Austria’s candidature for admission to the United Nations Organisation;

9. Now Have therefore the Governments of the Allied and Associated Powers and of Austria have appointed the undersigned Plenipotentiaries who, after presentation of their full powers, found in good and due form, have agreed on the following provisions:

Part I. Political and Territorial Clauses

Section I

Article 1

Re-establishment of Austria as a Free and Independent State

The Allied and Associated Powers recognise that Austria is reestablished as a sovereign, independent and democratic State.

Article 2

Preservation of Austria’s Independence(1)

[1. The Allied and Associated Powers declare that they will respect the independence and territorial integrity of Austria as established under the present Treaty.(2)]

[2. The Allied and Associated Powers shall oppose any action, in any form whatsoever, that may threaten the political or economic independence or the territorial integrity of Austria, and in event of such threat will consult with one another and with the appropriate organs of the United Nations with regard to appropriate action.(3)]

[2. In the event of any threat to the territorial integrity of Austria the Allied and Associated Powers will after consulting together take action through the appropriate organs of the United Nations.(4)]

[3. Austria on her part fully acknowledges the external responsibilities attaching to the re-establishment of national independence and [Page 520]undertakes to abstain from any act that will threaten her political or economic independence or her territorial integrity.(5)]

Article 3

Recognition by Germany of Austrian Independence

The Allied and Associated Powers will incorporate in the German Peace Treaty provisions for securing from Germany the recognition of Austria’s sovereignty and independence and the renunciation by Germany of all territorial and political claims in respect of Austria and Austrian territory.

Article 4

Prohibition of Anschluss

1.
The Allied and Associated Powers declare that political or economic union between Austria and Germany is prohibited. Austria fully recognises her its responsibilities in this matter and shall not enter into political or economic union with Germany in any form whatsoever.
2.
In order to prevent such union Austria shall not conclude any agreement with Germany, nor do any act, nor take any measures likely, directly or indirectly, to promote political or economic union with Germany, or to impair its her [territorial integrity or(1 )] political or economic independence. Austria further undertakes to prevent within her its territory any act likely, directly or indirectly, to promote such union and shall prevent the existence, resurgence and activities of any organisations having as their aim political or economic union with Germany and pan-German propaganda in favour of union with Germany [as well as pan-German propaganda in any form whatsoever(2 )].

Article 5

Frontiers of Austria

[The frontiers of Austria shall be those existing on January 1, 1938](1)(2)

[Page 521]

Article 6

Naturalization and Residence of Germans in Austria

[1. The Government of Austria undertakes not to grant naturalization to German nationals [who have been members of the Nazi Party.](2 )

2. All acts of naturalization of German nationals [who have been members of the Nazi Party](2 ) which took place after March 1, 1933 shall be annulled by the Government of Austria. within a period of one year from the coming into force of the present Treaty.

3. The Government of Austria undertakes not to permit the immigration into Austria for permanent residence or the permanent residence in Austria of German nationals [with the exception of such cases as may be justified by legitimate interests.](2 )

4. All persons referred to in paragraphs 2 and 3 must transfer their domicile to Germany on the conditions and within a period to be fixed by agreement between the Government of Austria and the Control Council for Germany.

5. The Government of Austria shall take the necessary steps to ensure that the fulfillment of the present provisions is completed within a period of one year (3 ) from the coming into force of the present Treaty.](1 )

[1. Austria undertakes not to grant naturalization to German nationals who have been classified as “major offenders” or “offenders” pursuant to Directive No. 38 of the Control Council for Germany, or who have been classified as “implicated persons” or “less implicated persons” under the Austrian Constitutional Law of May 8, 1945 on the Prohibition of the NSDAP, as amended, and who have not been rehabilitated or exonerated pursuant to that Directive or that Law.

2. The naturalization by Austria of any German nationals falling within the classes referred to in paragraph 1 of this Article which took place after March 1, 1933 shall be annulled by the Government of Austria.

3. Austria undertakes not to permit the entry for the purpose of permanent residence or the permanent residence in Austria of German nationals falling within the classes referred to in paragraph 1 of this Article.

4. Austria shall require German nationals falling within the provisions of paragraphs 2 and 3 of this Article to transfer their domicile [Page 522]to Germany on the conditions and within the period to be fixed by agreement between the Government of Austria and the Control Council for Germany.](4 )

Section II

Article 7

Human Rights

1.
Austria shall take all measures necessary to secure to all persons under Austrian jurisdiction, without distinction as to race, sex, language or religion, the enjoyment of human rights, and of the fundamental freedoms, including freedom of expression, of press and publication, of religious worship, of political opinion and of public meeting.
2.
Austria further undertakes that the laws in force in Austria shall not, either in their content or in their application, discriminate or entail any discrimination between persons of Austrian 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 civil rights or any other matter.

Article 8

Democratic Institutions

Austria shall have a democratic government based on elections by secret ballot and shall guarantee to all citizens free, equal and universal suffrage and the right to be elected to public office without discrimination as to race, sex, language, religion or political opinion.

Article 9

Dissolution of Nazi Organizations

Austria shall complete the measures already begun by the enactment of appropriate legislation approved by the Allied Commission for Austria to destroy the National Socialist Party and its affiliated and supervised organizations, including political, military and paramilitary organizations, on Austrian territory and Austria shall also continue the efforts to eliminate from Austrian political, economic and cultural life all traces of Nazism, to ensure that the above-mentioned organizations are not revived in any form, and to prevent all Nazi and militarist activity and propaganda in Austria.

[Page 523]

Article 10

Special Clauses on Legislation

1.
Austria undertakes to maintain and continue to implement [the principles contained in (1 the laws and orders promulgated by the Austrian Government and Parliament since May 1, 1945, and approved by the Allied Commission for Austria, aimed at liquidation of the remnants of the Nazi regime and at the re-establishment of the democratic system, and to complete the legislative and administrative measures already taken or begun since May 1, 1945, to codify and give effect to the principles set out in Articles 7, 8 and 9 of the present Treaty and insofar as she has not yet done so to repeal or amend all legislative and administrative measures adopted between March 5, 1933 and April 30, 1945, which conflict with the principles set forth in Articles 7, 8 and 9.
2.
Austria further undertakes to maintain the law of April 3, 1919, concerning the House of Hapsburg-Lorraine.

Section III

Article 11

War Criminals

[1. Austria shall take all necessary steps to ensure the apprehension and surrender for trial of:

a)
Persons accused of having committed, ordered, or abetted war crimes and crimes against peace or humanity;
b)
Nationals of any Allied or Associated Power accused of having violated their national law by treason or collaboration with the enemy during the war.

2. At the request of United Nations Government concerne Austria shall likewise make available as witnesses persons within its jurisdiction, whose evidence is required for trial of the persons referred to in paragraph 1 of this Article.

3. Any disagreement concerning the application of the provisions of paragraphs 1 and 2 of this Article shall be referred by any of the Governments concerned to the Heads of the Diplomatic Missions in Vienna of the Soviet Union, of the United Kingdom, of the United States of America and of France, who will reach agreement with regard to the difficulty (1 )].

[Page 524]

[Austria shall take all necessary steps, upon the presentation of evidence considered satisfactory by the Heads of Diplomatic Missions in Vienna, of the Soviet Union, of the United Kingdom, of the United States of America and France to ensure the apprehension surrender for trial of:

(a)
Persons accused of having committed, ordered or abetted war crimes and crimes against peace or humanity.
(b)
Nationals of the contracting United Nations accused of having violated their national law by treason or collaboration with the enemy during the war.

2. Requests for the handing ever of persons claimed as accused shall be made within 90 days after the coming into force of the present Treaty.

3. Any disagreement concerning the interpretation or execution of paragraph 1 of this Article shall be referred by any of the Governments concerned to the Four Heads of Mission in Vienna.(2 )]

Article 114

War Criminals

1.
Austria shall take all necessary steps to ensure the apprehension and surrender for trial of prisoners falling within the categories specified in sub-paragraphs (a) and (b) below upon production to the Heads of Diplomatic Missions in Vienna of the Soviet Union, of the United Kingdom, of the United States and of France, of satisfactory evidence that the persons whose surrender is requested are in fact offenders within these categories:
(a)
Persons accused of having committed, ordered or abetted war crimes and crimes against peace or humanity;
(b)
Nationals of any Allied or Associated Power accused of having violated their national law by treason or collaboration with the enemy during the war.
2.
Requests for the handing over of persons claimed as accused shall be made within six months from the coming into force of the present treaty.
3.
At the request of the United Nations Government concerned, Austria shall likewise make available as witnesses persons within Austrian jurisdiction, whose evidence is required for trial of the persons referred to in paragraph 1 of this Article.
4.
Any disagreement concerning the application of the provisions of this Article shall be referred by any of the Governments concerned to the four Heads of Mission in Vienna.

Section IV

Article 12

Recognition of Peace Treaties

Austria undertakes to recognize the full force of the Treaties of Peace with Italy, Roumania, Bulgaria, Hungary and Finland and other agreements or arrangements which have been or will be reached by the Allied and Associated Powers in respect of Germany and Japan for the restoration of peace.

Article 13

Liquidation of League of Nations

Austria undertakes to accept any arrangements which have been or may be agreed for the liquidation of the League of Nations, the Permanent Court of International Justice and the International Institute of Agriculture at Rome.

Article 14

Bilateral Treaties

1.
Each Allied or Associated Power will notify Austria, within a period of six months from the coming into force of the present Treaty, which of its bilateral treaties concluded with Austria before March 13, 1938 it desires to keep in force or revive. Any provisions not in conformity with the present Treaty shall, however, be deleted from the above-mentioned treaties.
2.
All such treaties so notified shall be registered with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations.
3.
All such treaties not so notified shall be regarded as abrogated.

Article 15

Restoration of Archives

1.
The Powers in occupation of Germany shall transfer to the Austrian Government of Austria all administrative archives (files, registers, plans and documents of any kind) now held in Germany which are necessary for the re-establishment of administrative machinery in Austria.
2.
Austria shall return all administrative archives (files, registers, plans and documents of any kind) now held in Austria which are [Page 526]necessary for the re-establishment of administrative machinery in Germany.

Article 16

[Transfer of Displaced Persons from Austria

Austria shall, within a period of six months after the coming into force of the present treaty, complete the transfer of displaced persons and for this purpose undertakes:

a)
to render full cooperation to official representatives of the Allied and Associated Powers concerned with respect to repatriation of their nationals; to permit free access to camps and other places where displaced persons are located, and to provide the necessary means of transportation for the transfer of the repatriates to their native countries; to prohibit in camps for displaced persons any propaganda hostile to the interests of the Allies or any of the Allied Powers, and also any activities designed to induce the displaced persons not to return to their native countries; not to permit the re-establishment of dissolved, or the formation of new “committees”, “centres”, and other organizations engaged in activities hostile to the interests of any of the Allied Powers; to prohibit the recruiting of displaced persons into military or para-military organizations such as security detachments and guard detachments.
b)
to enter into direct bilateral negotiations with the governments of the neighbouring countries concerned in order to settle all questions pertaining to the transfer from Austria of displaced persons whose presence constitutes a threat to good-neighbour relations between Austria and the neighbouring countries.](1)

[Displaced Persons and Refugees

1.
Austria shall apply to refugees and displaced persons within her territory the principles of the Resolution regarding Refugees and Displaced Persons adopted by the General Assembly of the United Nations on February 12, 1946, set forth in Annex VI. Austria undertakes to grant to such refugees and displaced persons the same rights in all respects as those normally accorded to non-Austrians who have been legally admitted into Austria.
2.
Austria undertakes to assist, with respect to the resettlement elsewhere of such refugees and displaced persons, any international organizations having responsibilities with respect to the general problem of refugees and displaced persons.](2)
[Page 527]

Article 16 bis

Transfer of Persons of German Origin

(Reichsdeutsche and Volksdeutsche)

[1. Austria undertakes, within a period of six months from the coming into force of the present Treaty, to complete the transfer from Austria of persons of of German origin (Reichsdeutsche and Volksdcutsche) who have found themselves on Austrian territory as the result of the hostilities.

2. The Control Council for Germany shall undertake the measures necessary for the settlement on German territory of the persons transferred from Austria in accordance with paragraph 1 above.](1 )

[Austria undertakes to cooperate with the Control Council for Germany in carrying out such plans as may be formulated by it with a view to completing the transfer of Reichsdeutsche and Volksdcutsche remaining in her territory and due for removal to Germany under existing inter-Allied agreements (including those made by the Control Council for Germany), with the exception of such persons as come within the categories approved for exemption by the Allied Commission for Austria](2 )

Article 16 bis5

Transfer of Persons of German Origin

(Reichsdeutsche and Volksdeutsche)

1.
Austria undertakes to complete, within the period determined by the Control Council for Germany, the transfer from Austria of German nationals (Reichsdeutsche) who are subject to transfer to Germany in accordance with existing inter-Allied agreements, including decisions of the Control Council for Germany.
2.
Austria also undertakes to co-operate in carrying out the plans made or to be made by the Control Council for Germany for the transfer to Germany of Volksdeutsche whose transfer is provided for by existing inter-Allied agreements, including decisions of the Control Council for Germany.
3.
The provisions of this Article shall not apply to persons who fall within the categories of exemption approved by the Allied Commission for Austria.

Note: In this connection the Soviet Delegation draws the attention of the Council of Foreign Ministers to the need for issuing appropriate [Page 528]instructions to the Control Council for Germany to provide for the resettlement in Germany of the persons to be transferred from Austria in accordance with this paragraph.

Part II. Military and Air Clauses

Section I

Article 17

Limitation of Austrian Armed Forces

1. The maintenance of land and air armaments and fortifications shall be closely restricted to meeting tasks of an internal character and local defence of frontiers. In accordance with the foregoing Austria is authorised to have armed forces consisting of not more than:—

(a)
A land army, including frontier guards, anti-aircraft troops, gendarmerie and river gendarmerie with a total strength of 53,000.
(b)
An air force of 90 aircraft including reserves, of which not more than 70 may be combat types of aircraft, with a total personnel strength of 5,000. Austria shall not possess aircraft designed primarily as bombers with internal bomb carrying facilities.
(c)
These strengths shall in each case include combat, service and overhead personnel.

2. Austria undertakes not to re-establish any military installations or fortifications which were destroyed in accordance with the instructions of the Allied Commission for Austria.6

2. 3. The number and size of aerodromes should correspond strictly to the tasks of the Austrian air force and to the requirements of civil aviation.

[3. 4. The Austrian armed forces, enumerated in paragraph 1 above, will be armed with weapons and technical equipment of national manufacture.](1)

Article 18

Prohibition of Service in the Austrian Armed Forces of Former Members of Nazi and Other Organisations

The following shall in no case be permitted to serve in the Austrian Armed Forces listed in Article 17 of the present treaty:—

1.
Persons not of Austrian nationality.
2.
Austrian nationals who had been German nationals at any time before March 13, 1938.
3.
Austrian nationals who served in the rank of Colonel or in any higher rank in the German Armed Forces during the period from March 13, 1938, to May 8, 1945.
4.
Austrian nationals within any of the categories defined below with the exception of such persons as shall have been exonerated by the appropriate body in accordance with Austrian law: any persons who at any time belonged to:
(a)
The National Socialist Party (“N.S.D.A.P.”), the “S.S.,” “S.A.” and “S.D.” organisations, and the Secret State Police (“Gestapo”),
(b)
The National Socialist (“N.S.”) Soldiers’ Association or the National Socialist (“N.S.”) Officers’ Association, or were
(c)
Leaders in the National Socialist Flyers Corps (“N.S.F.K.”) or the National Socialist Motor Corps (“N.S.K.K.”), of rank not lower than “Untersturmführer” or its equivalent or functionaries in any Formations, Organisations or other affiliated Associations of rank not lower than that equivalent to “Ortsgruppenleiter”,
(d)
Authors of printed works of any kind or of scenarios placed by the competent commissions set up by the Austrian Government in the category of prohibited works because of their Nazi character, or were
(e)
Leaders of industrial commercial and financial undertakings who, according the official and authenticated reports of existing industrial, commercial and financial associations, trade unions and party organisations, are found by the competent commission to have cooperated actively in the achievement of the aims of the N.S.D.A.P. and affiliated organisations, supported the principles of National Socialism, spread propaganda for them or financed National Socialist organisations or their activities and thereby damaged the interests of an independent and democratic Austria.

Any person who has been accepted as a member of the N.S.D.A.P. (“Parteimitglied”) or who has been accepted as a party candidate and has acquired the provisional right to wear the party badge shall be deemed to belong to the N.S.D.A.P.

Article 19

Prohibition of Military Training

Personnel not included in the Austrian land army or air force shall not receive any form of military training, or military air training, as defined in Annex I.

Article 20

Publication of Military Budget and Strength of the Armed Forces

[At the beginning of each budgetary year, Austria shall publish the budgetary expenditure for military purposes as well as the strength of her armed forces, during the current year.](1 )

[Page 530]

Section II

Article 21

Prohibition of Special Weapons

Austria shall not possess, construct or experiment with—(i) Any atomic weapon, or (ii) any other major weapon adaptable now or in the future to mass destruction and defined as such by the appropriate organ of the United Nations, (ii) (iii) any self-propelled or guided missile or apparatus connected with their discharge or control, (iii) (iv) sea mines, (iv) (v) torpedoes capable of being manned, (v) (vi) submarines or other submersible craft, (vi) (vii) motor torpedo boats, (vii) (viii) specialised types of assault craft, (viii) (ix) guns with a range of more than 30 kilometres, (ix) (x) asphyxiating, vesicant or poisonous materials or biological substances in quantities greater than, or of types other than are required for legitimate civil purposes, or any apparatus designed to produce, project or spread such materials or substances for war purposes.

The Allied and Associated Powers reserve the right to add to this Article prohibitions on of any weapons which may be evolved as a result of scientific development.

Article 22

See Annex III (to Article 27)

Article 23

See Annex IV (to Article 27)

Article 24

Restrictions on Construction of New Fortifications

[Austria shall not build along her State frontier any new permanent fortification or military installations, consisting of concrete pillboxes of any type, protected accommodation for personnel, observation points or any other constructions in which any type of guns or machine-guns could be placed, and shall not Austria undertakes not to reestablish any military installations or fortifications which were destroyed in accordance with the instructions of the Allied Commission for Austria.](1 )7

Article 25

Prohibition of Excess War Material

Austria shall not retain, produce, or otherwise acquire, or maintain facilities for the manufacture of, war material in excess of that [Page 531]required for the maintenance of the armed forces permitted under Article 17 of the present Treaty.

Article 26

Disposal of War Material of Allied and German Origin

  • 1. All war material of Allied origin in Austria shall be placed at the disposal of the Allied and Associated Power concerned according to the instructions given by that Power.
  • Within one year from the coming into force of the present Treaty Austria shall render unusable for any military purpose or destroy:

    all excess war material of German or other non-Allied origin; in so far as they relate to modern war material, all German and Japanese drawings, including existing blueprints, prototypes, experimental models and plans and all war materials prohibited by Article 21 of the present Treaty;

    all specialised installations, including research and production equipment, prohibited by Article 21 [and 27](1) which are not convertible for authorised research, development or construction or which are in excess of those necessary for the military requirements defined in Articles 17 and 25 of the present Treaty.

  • 2. Within six months from the coming into force of the present Treaty Austria shall provide the Governments of the Soviet Union, of the United States of America, of the United Kingdom, and of France with a list of the war material and installations enumerated in paragraph 1.
  • 3. Austria shall renounce all rights to the above-mentioned war material.
  • [4. Austria shall not manufacture, acquire or possess, either publicly or privately, or by any other means, any war material of German or non-Austrian origin or design.
  • This does not forbid the use of such restricted quantities of war materials of German or other non-Allied origin or design remaining in Austria after the Second World War as may be required for the creation of the Armed Forces authorized by Article 17 of the present Treaty](2)
  • [Austria shall not manufacture any war material of German design](3)
  • 5. A definition and list of war material for the purposes of the present Treaty are contained in Annex II.
[Page 532]

Article 27

Prevention of German Rearmament

  • 1. Austria shall cooperate fully with the Allied and Associated Powers in order to ensure that Germany is unable to take steps outside German territory towards rearmament.
  • [2. Austria undertakes to abide by the limitations and prohibitions listed in Annexes III, IV and V of the present Treaty](1).
  • 3. Austria shall not employ or train in military or civil aviation or in the experimentation, design, production or maintenance of war material:—
  • Persons who are, or were at any time previous to March 13, 1938, nationals of Germany
  • [or Austrian nationals precluded from serving in the Armed Forces under Article 18](2)
  • [or persons who are not Austrian nationals](3)

Article 28

Prohibition of German and Japanese Civil Aircraft

Austria shall not acquire or manufacture civil aircraft which are of German or Japanese design or which embody major assemblies of German or Japanese manufacture or design.

Article 29

See Annex V [Article 27]

Article 30

Duration of Limitations

Each of the military and air clauses of the present Treaty shall remain in force until modified in whole or in part by agreement between the Allied and Associated Powers and Austria or after Austria becomes a member of the United Nations by agreement between the Security Council and Austria.

[Page 533]

Section IV

Article 31

Prisoners of War

1.
Austrians who are now prisoners of war shall be repatriated as soon as possible in accordance with arrangements to be agreed upon by the individual Powers detaining them and Austria.
2.
All costs, including maintenance costs, incurred in moving Austrians who are now prisoners of war from their respective assembly points, as chosen by the Government of the Allied or Associated Power concerned, to the point of their entry into Austrian territory, shall be borne by the Austrian Government.

Article 32

Commission of Military Experts

[1. A Commission of Military Exports, charged with controlling the execution of the military clauses, shall be appointed under the authority of the diplomatic representatives of the Soviet Union, the United States of America, the United Kingdom and France, in Vienna.

2. This Commission shall effect, throughout Austrian territory, such inspections, investigations and researches as will be necessary to carry out its mission, and the Austrian Government shall afford the Commission all the information and assistance which it may require in the fulfillment of its tasks.

3. Any dispute concerning the interpretation of execution of the military clauses of the present Treaty shall be referred to the diplomatic representatives acting under Article 56, whose competency shall be extended in respect of the execution of those clauses, beyond the period of 18 months.

4. The activity of the Control Commission shall cease after a decision of the four Governments has established that the military clauses of the present Treaty have been executed.] (1 )

Article 33

Withdrawal of Allied Forces8

1.
The Agreement on the Machinery of Control in Austria of July 26, 1946, shall terminate on the coming into force of the present treaty.
2.
On the coming into force of the present treaty, the Inter-Allied Government Authority (Kommandatura) existing under paragraph 4 of the Agreement on Zones of Occupation in Austria and the Administration of the City of Vienna of July 9, 1945, shall cease to exercise any functions with respect to the administration of the City of Vienna. The Agreement on Zones of Occupation in Austria shall terminate upon the completion of the withdrawal from Austria of the forces of the Allied and Associated Powers and in any case at the expiration of ninety days from the coming into force of the present treaty.
3.
The Forces of the Allied and Associated Powers and members of the Allied Commission for Austria shall be withdrawn from Austria as soon as possible and in any case within ninety days from the coming into force of the present treaty.
4.
The Government of Austria shall accord to the forces of the Allied and Associated Powers and the members of the Allied Commission for Austria pending their withdrawal from Austria the same rights, immunities and facilities as they enjoyed before the coming into force of the present treaty.
5.
The Allied and Associated Powers undertake to return to the Government of Austria within the specified period of ninety days:
a.
All currency which was made available free of cost to the Allied and Associated Powers for the purpose of the occupation and remains unexpended at the time of the completion of withdrawal;
b.
All Austrian property requisitioned by Allied forces or the Allied Commission and which is still in their possession.(1 ) The obligations under these subparagraphs will be applied without prejudice to the provisions of Article 35 of the present treaty.

Part IV. Claims Arising Out Of The War

Section I

Article 34

Reparations

[The Allied and Associated Powers declare that they will advance no claims for reparation from Austria on their own behalf or on behalf of their nationals arising directly out of the war or out of actions taken because of the existence of a state of war in Europe after September [Page 535]1, 1939, whether or not the Allied or Associated Power was at war with Germany at the time.](1)

Article 359

German Assets in Austria

[1. Austria recognizes the validity of the decision of the Berlin Conference of August 2, 1945, regarding German external assets and the right of the Soviet Union, the United Kingdom, the United States and France to dispose of all German assets in Austria as German reparations. Austria undertakes to take all necessary measures to facilitate the transfer of such assets (in accordance with the terms of this Article and the provisions of Annex VII)(2)](1)

[Austria recognizes that the Soviet Union, the United Kingdom, the United States and France have the right to all German assets in Austria transferred to the said States in their respective Zones in Austria under the decision of the Berlin Conference of the Heads of the three Governments of August 2, 1945, and undertakes to take all necessary measures to facilitate the transfer of such assets.](3)

[Page 536]

[2. (a) For the purpose of this Article, German assets are defined as all property, rights and interests which were owned by Germany or German nationals on May 8, 1945, provided that such property, rights or interests:

(i)
were not acquired by Germany or German nationals either as a result of force or duress whether the transaction was ostensibly legal in form or not, or by the application of Nazi laws imposed on Austria since March 12, 1938,
(ii)
were neither Austrian State property, rights or interests which passed to Germany as a result of the annexation of Austria by Germany, nor state property which became such after March 12, 1938, and which was and continues to be used for the purpose of normal governmental administration;
(iii)
do not constitute an interest which any of the United Nations or their nationals or other non-Germans have in any such property, rights or interests, either in their own right or through corporations;
(iv)
[shall not include creditor claims of Germany or German nationals arising out of contracts and other obligations entered into, and rights acquired, since March 12, 1938.](4)

(b) If the owner of any property, rights or interests acquired by Germany or German nationals in the manner specified in paragraph 2(a) (i) above received any compensation therefor, the Government of Austria shall, as a condition of the return of such property, rights or interests to the owner, require the repayment or return of the compensation effectively received. Such compensation shall constitute a German asset for the purpose of this Article.

(c) As used in this Article German nationals means

(i)
individuals having German nationality on May 8, 1945, other than those who acquired such nationality as a result of the incorporation after March 12, 1938, of any territory into the German Reich; or
those who were permitted to reside freely in the territory of any of the Allied or Associated Powers during the period when that Power was at war with Germany before May 8, 1945.
(ii)
corporations having siège social within the boundaries of Germany as they were on March 12, 1938.](5)

[2. All German assets in Austria shall become the property of the Four Powers, namely:

(a)
those which were German prior to March 13, 1938;
(b)
those transferred to Germany, German nationals or societies after March 12, 1938, on the basis of sale and purchase [Page 537]from either Austrian owners or from firms or nationals of the States which were former Allies of Germany, and also from neutral States, the United Nations and their nationals, except where transfer of the property was effected as a result of direct forcible action;
(c)
any right acquired by German firms or private persons after March 12, 1938 for the development of natural resources of the country, and all enterprises which emerged or were developed after this period on the basis of German investments. State, communal and other property, belonging to the Austrian State or Austrian nationals, transferred to Germany or German nationals, without any compensation by way of merging State, credit and other institutions or by way of Aryanisation, shall be returned to the owners who owned it before the Anschluss. Voluntary transfer and increase of capital as a result of German investments will, in this case, form an exception.](6)

[2. (a) For the purpose of this Article, German assets in Austria shall include all property, rights and interests belonging, on May 8, 1945, to Germany or to German nationals, and which:

(i)
belonged to Germany or to German nationals on March 13, 1938;
(ii)
were transferred to Germany or to German nationals after March 31, 1938, provided that such transfers were not effected by force or duress or by way of Aryanisation, and that they are not subject to invalidation under the provisions of Article 42 of the present Treaty.

(b) The property, rights and interests of the Austrian State transferred to the German State or to German nationals as a result of the annexation of Austria shall not be considered German assets.

(c) For the purpose of this Article, the term “German nationals” means:

(i)
individuals having German nationality on May 8, 1945, other than those who acquired such nationality as a result of the incorporation after March 12, 1938, of any territory into the German Reich.
(ii)
corporations or associations having siège social within the frontiers of Germany as they existed on March 12, 1938, to the extent that the shares of such corporations or associations actually belong to German nationals.](7)

[3. All former German assets which became property of the States referred to in paragraph 1 shall not be subject to requisition, confiscation or compulsory alienation in general without the consent of the owner State.](8)

[Page 538]

[3. A German asset transferred by way of reparation shall carry with it all rights attaching to such asset and be subject to all claims enforceable against it under Austrian law. Such asset and the enjoyment thereof shall be subject in all respects to Austrian law.](9)

[3. A German asset transferred by way of reparation shall carry with it all rights attaching to such asset and be subject to all claims enforceable against it under Austrian law. Such asset and the enjoyment thereof shall be subject in all respects to Austrian law.

However, Austria undertakes not to requisition or nationalize such assets and not to order their forced alienation in any form during a period of 18 months from the coming into force of the present Treaty and, after that period, without full and adequate compensation, the amount and nature of which shall be fixed by agreement between the interested Allied or Associated Power and Austria or, if such agreement is not reached, by an arbitrator designated and acting in conformity with the provisions of Article 50 of the present Treaty.](10)

[4. Disputes which may arise out of the implementation of the provisions of this Article shall be settled on the basis of bilateral negotiations between the parties concerned](11)

Section II

Article 36

Restitution by Austria

1.
Austria accepts the principles of the United Nations Declaration of January 5, 1943, and shall return, in the shortest possible time, property removed from the territory of any of the United Nations.
2.
The obligation to make restitution applies to all identifiable property at present in Austria 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.
3.
The Austrian Government shall return the property referred to in this article [in good order (1 )] and, in this connexion, shall bear all costs in Austria relating to labour, materials and transport.
4.
The Austrian Government shall co-operate with the United Nations in, and shall provide at its own expense all necessary facilities for, the search for and restitution of property liable to restitution under this article.
5.
The Austrian Government shall take the necessary measures to effect the return of property covered by this Article held in any third country by persons subject to Austrian jurisdiction.
6.
Claims for the restitution of property shall be presented to the Austrian Government by the Government of any country from whose territory the property was removed [it being understood that rolling stock shall be regarded as having been removed from the territory to which it originally belonged (2 )]. The period during which such claims may be presented shall be nine months from the coming into force of the present Treaty.
7.
The burden of identifying the property and of proving ownership shall rest on the claimant Government and the burden of proving the property was not removed by force or duress shall rest on the Austrian Government.
8.
[The Government entitled to restitution and the Austrian Government may conclude agreements which will replace the provisions of the present Article](3 ). This bilateral procedure will apply particularly to the restitution of rolling stock, in regard to which the Allied and Associated Powers recognize that restitution should be arranged so as to effect a minimum dislocation to Austria’s essential transport requirements.
9.
[If, in particular cases, it is impossible for Austria to make restitution of objects of artistic, historical or archaeological value, belonging to the cultural heritage of the United Nations from whose territory such objects were removed to Austria by force or duress by German forces, authorities or nationals, Austria shall transfer to the United Nations concerned objects of the same kind as, and of approximately equivalent value to, the objects removed, in so far as such objects are obtainable in Austria.](4)
[Page 540]

Article 36 bis

Rolling-stock

[1. The Austrian Government shall make restitution of all Allied rolling-stock. Claims for such restitution shall be presented to the Austrian Government by the Governments of the territory to which it originally belonged.

2. The obligation to effect restitution of Allied rolling-stock shall be unconditional on Austria. Nevertheless, the Allied Governments declare that they are prepared to enter into agreements with Austria with a view to effecting the restitution of rolling-stock with the minimum dislocation to Austria’s essential transport requirements.

3. The Austrian Government shall be responsible for putting all repairable rolling-stock into a sufficient state of repair to be returned to its owners, and in this connexion shall bear all costs in Austria relating to labour, materials and transport.

4. The Allied and Associated Powers undertake to return to Austria All Austrian rolling-stock in their territories.](1 )

[5. All rolling-stock identifiable as having been of Austrian ownership on 12 March, 1938, and any rolling-stock constructed in Austria since 8 May, 1945, shall be recognised to be of Austrian ownership and shall be restored to Austria. The Austrian Government shall be entitled to regard as Austrian all German rolling-stock situated in Austria on the following dates:—

  • (a) locomotives : August 6, 1946
  • (b) Wagons : August 20, 1946
  • (c) Coaching Stock : August 13, 1946](2 )

Article 37

Restitution to Austria of Property removed to United Nations Territory by Axis Forces

[The Allied and Associated Powers will extend to Austria the same treatment they extend to United Nations with respect to the return of identifiable property removed from Austria after March 12, 1938. by force or duress exerted by Axis Government or their agencies.](1 )

[Page 541]

Article 38

Austrian Property in Germany and Renunciation of Claims by Austria on Germany

1. From the date of the coming into force of the present Treaty the property in Germany of the Austrian Government or of Austrian nationals, [including property formerly belonging to them and of which they have been deprived by acts of force or duress by Germany or by German nationals](1), shall be returned to its owners. This provision shall not apply to the property of war criminals or persons who have been subjected to the penalties of denazification measures; such property shall be placed at the disposal of the Austrian Government if it has not been subjected to blocking or confiscation in accordance with the laws or ordinances in force in Germany after May 8, 1945.

[2. Identifiable property of Austria and of Austrian nationals removed by force or duress from Austrian territory to Germany by German forces or authorities after March 12, 1938, shall be eligible for restitution.](2)

[3. The restoration and restitution of Austrian property in Germany shall be effected in accordance with measures determined by the Powers in occupation of Germany for the restitution and restoration of United Nations property in Germany.(3 )

[The restoration and restitution of Austrian property in Germany shall be effected in accordance with measures which will be determined by the Powers in occupation of Germany].(4)

[The restoration of Austrian property in Germany shall be effected in accordance with measures which will be determined by the Powers in occupation of Germany in their zones of occupation].(5)

[4. Without prejudice to these and to any other dispositions in favour of Austria and Austrian nationals by the Powers occupying Germany, Austria waives on its own behalf and on behalf of Austrian nationals all claims 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 March 13, 1938].(6) [This waiver shall be deemed to include debts, all claims in [Page 542]respect of transactions effected by Germany during the period of annexation of Austria and all claims in respect of loss or damage suffered during the said period, particularly in respect of the German public debt held by the Austrian Government or its nationals and of currency withdrawn at the time of the monetary conversion. Such currency shall be destroyed upon the coming into force of the present Treaty.].(7)

[This waiver shall be deemed to include debts incurred during the war and all claims for loss or damage arising during the war].(8)

[Without prejudice to these and to any other dispositions in favour of Austria and Austrian nationals by the Powers occupying Germany, Austria waives on its own behalf and on behalf of Austrian nationals all claims against the former German government and its agencies and all German enterprises engaged in the manufacture of arms and implements of war as defined in Annex II of the present Treaty, arising after September 1, 1939 and 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 debts and all claims for loss or damage arising during the war].(9)

Section III

Article 39

Renunciation by Austria of Claims Against the Allies

1.
Austria waives all claims of any description against the Allied and Associated Powers on behalf of the Austrian Government or Austrian nationals arising directly out of the war in Europe after September 1, 1939 or out of actions taken because of the existence of a state of war in Europe after that date whether or not the Allied or Associated Power was at war with Germany at the time. This renunciation of claims includes the following:
a)
Claims for losses or damages sustained as a consequence of acts of forces or authorities of Allied or Associated Powers;
b)
Claims arising from the presence, operations or actions of forces or authorities of Allied or Associated Powers in Austrian territory;
c)
Claims with respect to the decrees or orders of Prize Courts of Allied or Associated Powers, Austria agreeing to accept as valid and binding all decrees and orders of such Prize Courts on or after September 1, 1939, concerning ships or goods belonging to Austrian nationals or concerning the payment of costs;
d)
Claims arising out of the exercise or purported exercise of belligerent rights;
[e)
Claims arising out of the acquisition of scientific, industrial or technological information between September 1, 1939, and the date of entry into force of the present Treaty and claims arising out of any disclosure or use of information so acquired.](1)
2.
The provisions of this Article shall bar, completely and finally, all claims of the nature referred to herein, which shall henceforward be extinguished, whoever may be the parties in interest. The Austrian Government agrees to make equitable compensation in schillings to persons who furnished supplies or services on requisition to the forces of Allied or Associated Powers in Austrian territory and in satisfaction of non-combat damage claims against the forces of the Allied or Associated Powers arising in Austrian territory.
3.
Austria likewise waives all claims of the nature covered by paragraph 1 of this Article on behalf of the Austrian Government or Austrian nationals against any of the United Nations whose diplomatic relations with Germany were broken off between September 1, 1939 and January 1, 1945 and which took action in cooperation with the Allied and Associated Powers.
4.
[The Austrian Government shall assume full responsibility for Allied military currency of denominations of five schillings and under issued in Austria by the Allied military authorities, including all such currency in circulation at the coming into force of the present Treaty.](2)
Notes issued by the Allied Military Authorities of denominations higher than five schillings shall be destroyed and no claims may be made in this connection against any of the Allied and Associated Powers.
[The Austrian Government shall assume full responsibility for all Allied military currency issued in Austria by the Allied military authorities, including all such currency in circulation at the coming into force of the present Treaty.](3)
5.
The waiver of claims by Austria under paragraph 1 of this Article includes any claims arising out of actions taken by any of the Allied and Associated Powers with respect to ships belonging to Austrian nationals between September 1, 1939, and the coming into force of the present Treaty as well as any claims and debts arising out of the Conventions on prisoners of war now in force.
6.
[The provisions of this Article shall not be regarded as waiving [Page 544]any claim Austria or its nationals may have to property under Article 35.](4)

Article 40

This article was combined with Article 38.

Article 41

German Claims Against Austria

[The Allied and Associated Powers undertake to support the inclusion in the German Peace Treaty of a waiver by Germany of all economic and financial claims against Austria or Austrian nationals outstanding on May 8, 1945 or arising out of the reestablishment of Austrian independence and of such waiver as may be appropriate of claims of German nationals against Austria or Austrian nationals].(1)

Article 42

United Nations Property in Austria

[1. Insofar as Austria has not already done so, Austria shall restore all legal rights and interests in Austria of the United Nations and their nationals as they existed on September 1, 1939, and shall return all property in Austria of the United Nations and their nationals as it now exists.

Austria undertakes that in all cases where the property, rights or interests in Austria of United Nations nationals have been alienated or otherwise prejudiced as a result of the annexation of Austria by Germany and of German economic penetration in Austria after March 12, 1938, all transfers, acts of alienation or prejudice relating to the said property, rights or interests shall be nullified. The burden of proving ownership of the said property, rights and interests, on March 12, 1938, shall rest on the United Nations or their nationals and the burden of proving that they have not been alienated as a result of the annexation of Austria by Germany and of German economic penetration in Austria shall rest on the Austrian Government.

The foregoing provisions shall apply equally to the property, rights and interests of United Nations and their nationals, whether these are held directly or indirectly.](1)

[1. Insofar as such action has not already been taken, Austria shall restore all legal rights and interests in Austria of the United Nations [Page 545]and their nationals as they existed on March 13, 1938, unless these have been voluntarily transferred, and shall return all property in Austria of the United Nations and their nationals as it now exists.](2)

2. The Austrian Government undertakes that all property, rights and interests passing under this Article shall be restored free of all encumbrances and charges of any kind to which they may have become subject as a result of the war with Germany and without the imposition of any charges by the Austrian Government in connection with their return. The Austrian Government shall nullify all measures, [including seizures, sequestration or control](3) [of seizures, sequestration or control](4) taken against United Nations property between [March 13, 1938](5) [the day of commencement of hostilities between Germany and the United Nation concerned](6) and the coming into force of the present Treaty. In cases where the property has not been returned within six months from the coming into force of the present Treaty, application shall be made to the Austrian authorities not later than twelve months from the coming into force of the Treaty except in cases in which the claimant is able to show that he could not file his application within this period.

3. The Austrian Government shall invalidate transfers involving property, rights and interests of any description belonging to United Nations nationals, where such transfers resulted from force [or duress](7) exerted by Axis Governments or their agencies between [March 13, 1938](8) [the beginning of hostilities between Germany and the United Nation concerned](9) and May 8, 1945.

[4. (a) The Austrian Government shall 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 in Austria, he shall receive from the Austrian Government compensation in Schillings to the extent of two-thirds of the sum necessary, at the date of payment, to purchase similar property or to [Page 546] make good the loss suffered. In no event shall United Nations nationals receive less favourable treatment with respect to compensation than that accorded to Austrian nationals.

(b) United Nations nationals who hold, directly or indirectly, ownership interests in corporations or associations which are not United Nations nationals within the meaning of paragraph 8(a) of this Article, but which have suffered a loss by reason of injury or damage to property in Austria, shall receive compensation in accordance with sub-paragraph (a) above. This compensation shall be calculated on the basis of 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 interests of such nationals in the corporation or association bear to the capital thereof.

(c) Compensation shall be paid free of any levies, taxes or other charges. It shall be freely usable in Austrian but shall be subject to the foreign exchange control regulations which may be in force in Austria from time to time.](10 )

[4. In cases in which the Austrian Government provides compensation for losses suffered by reason of injury or damage to property in Austria which occurred during the German occupation of Austria or during the war, United Nations nationals shall in no event receive less favourable treatment than that accorded to Austrian nationals; and in such cases United Nations nationals who hold, directly or indirectly, ownership interests in corporations or associations which are not United Nations nationals within the meaning of paragraph 8 (a) of this Article shall receive compensation based on the total loss or damage suffered by the corporations or associations and bearing the same proportion to such loss or damage as the beneficial interest of such nationals bears to the capital of the corporation or association.](11)

[4. The Austrian Government undertakes to enter into agreements with each of the United Nations concerned in regard to the property in Austria, dealt with in this Article, of their nationals which cannot be returned or which has suffered injury or damage as a result of the war with Germany. These agreements shall be concluded in the shortest possible time and Austria undertakes therein to give to the nationals of each of the United Nations concerned treatment no less favourable than is, or has been, granted in the territory of that United Nation to Austrian property, and, in no event, less favourable treatment than that accorded by the Austrian Government to Austrian nationals.

[Page 547]

Nothing in the foregoing shall require Austria to make payments in foreign currencies in respect of loss, injury or damage to property.](12)

4. (d) The Austrian Government shall accord to United Nations nationals the same treatment in the allocation of materials for the repair or rehabilitation of their property in Austria [including property covered by Article 35](13 ) and in the allocation of foreign exchange for the importation of such materials as applies to Austrian nationals.

5. All reasonable expenses incurred in Austria in establishing claims, including the assessment of loss or damage, shall be borne by the Austrian Government.

6. United Nations nationals and their property shall be exempted from any exceptional taxes, levies or imposts [and other charges](14 ) imposed on their capital assets in Austria by the Austrian Government or any Austrian authority between the date of the surrender of the German armed forces and the coming into force of the present Treaty for the specific purpose of meeting charges arising out of the war or of meeting the costs of occupying forces. Any sums which have been so paid [or exacted](14) shall be refunded. [The Austrian Government shall exempt the property of United Nations nationals from any exceptional taxes, levies, imposts and other charges that it may institute in the future to cover costs of a similar nature. The provisions of this Article shall also apply to property covered by Article 35.](14)

7. The owner of the property concerned and the Austrian Government may agree upon arrangements in lieu of the provisions of this Article.

8. As used in this Article:

(a) “United Nations nationals” means individuals who are nationals of any of the United Nations, or corporations or associations organized under the laws of any of the United Nations, at the coming into force of the present Treaty, provided that the said individuals, corporations or associations also had this status on May 8, 1945.

The term “United Nations nationals” also includes all individuals, corporations or associations which, under the laws in force in Austria during the war, have been treated as enemy [or as under enemy control.](15)

[Only those United Nations nationals who possessed United Nations nationality prior to the date on which their property suffered damage [Page 548]in Austria shall, however, be entitled to compensation in accordance with paragraph 4 of this Article.](16)

(b) “Owner” means the United Nation, or the United Nations national, as defined in sub-paragraph (a) above, who is entitled to the property in question, and includes a successor of the owner, provided that the successor is also a United Nation, or a United Nations national as defined in sub-paragraph (a). If the successor has purchased the property in its damaged state, the transferor shall retain his rights to compensation under this Article, without prejudice to obligations between the transferor and the purchaser under domestic law.

(c) “Property” means all movable or immovable property, whether tangible or intangible, including industrial, literary and artistic property, as well as all rights or interests of any kind in property.

9. [The provisions of this Article do not apply to transfers of property, rights or interests of United Nations or United Nations nationals in Austria made in accordance with laws and enactments which were in force as Austrian Law on June 28, 1946.](17)

10. The Austrian Government recognizes that the Brioni Agreement of August 10, 1942, is null and void. It undertakes to participate with the other signatories of the Borne Agreement of May 29, 1923, in any negotiations having the purpose of introducing into its provisions the modifications necessary to ensure the equitable settlement of the annuities which it provides.

Article 43

Application of Austrian Law to United Nations Property, Rights and Interests in Austria

[Subject to any other provisions in the present Treaty affecting the treatment of property in Austria, all property, rights and interests in Austria of the United Nations and their nationals, equally with Austrian-owned property, shall receive the full protection of Austrian law and be subject to the provisions of Austrian law.](1)

Article 44

Property, Rights and Interests of Minority Groups in Austria

1. Insofar as such action has not already been taken, Austria undertakes that, in all cases where property, legal rights or interests in Austria have since March 13, 1938, been the subject of [measures of sequestration, confiscation or control](1) [transfer under duress, acts [Page 549]of confiscation, dispossession or spoliation](2) on account of the racial origin or religion of the owner, the said property shall be returned and the said legal rights and interests shall be restored together with their accessories. Where return or restoration is impossible, compensation shall be granted for losses incurred by reason of such measures to the same extent as is, or may be, given to Austrian nationals generally in respect of war damage.

2. [All property, rights and interests in Austria of persons, organizations or communities which, individually or as members of groups, were the object of racial, religious or other Nazi measures or persecution, and remaining heirless or unclaimed for six months from the coming into force of the present Treaty, shall be transferred by the Austrian Government to organizations in Austria representative of such persons, organizations or communities. The property transferred shall be used by such organizations for the purposes of relief and rehabilitation of surviving members of such groups, organizations and communities in Austria. Such transfer shall be effected within twelve months from the coming into force of the present Treaty and shall include property, rights and interests required to be restored under paragraph 1 of this Article](3 )

2. [Austria agrees to take under its control all property, legal rights and interests in Austria of persons, organizations or communities which, individually or as members of groups, were the object of racial, religious or other Nazi measures of persecution where, in the case of persons, such property, rights and interests remain heirless or unclaimed for six months after the coming into force of the present Treaty, or where in the case of organizations and communities such organizations or communities have ceased substantially to exist. Austria shall transfer such property, rights and interests to appropriate agencies or organizations to be designated by the four Heads of Missions in Vienna in consultation by agreement with the Austrian Government to be used for the relief and rehabilitation of victims of persecution by the Axis Powers, it being understood that these provisions do not require Austria to make payments in foreign exchange or other transfers to foreign countries which would constitute a burden on the Austrian economy. Such transfer shall be effected within eighteen months from the coming into force of the present Treaty and shall include property, rights and interests required to be restored under paragraph 1 of this Article](4 )

[Page 550]

Article 45

Austrian Property in the territory of the Allied and Associated Powers (1 )

[1. The Allied and Associated Powers declare their intention to return Austrian property, rights and interests as they now exist in their territories or to transfer the proceeds arising out of the liquidation, disposal or realisation of such property, rights or interests (after all lawful claims and charges have been met) where these have been liquidated, disposed of or otherwise realised.

2. The Allied and Associated Powers undertake to make agreements with the Austrian Government, in the shortest possible time, to give effect to this declaration. Each Allied and Associated Power shall, in the agreement which it makes with Austria, accords to Austrian and Austrian nationals treatment similar to that which it accords to United Nations and United Nations nationals in similar circumstances, including any provisions for the payment of compensation for war less and damage to property.](2 )

[1. Each of the United Nations signatory to the present Treaty agrees to return to the Austrian Government and to its nationals all property, rights and interests which are within its territory and belong to Austria or to Austrian nationals and which have not been the subject of measures of liquidation or disposal by the said United Nation prior to the coming into force of the present Treaty. It also agrees, in cases where the property has been the subject of measures of liquidation or disposal, to return to the Austrian Government and to its nationals the net proceeds of such property after deducting taxes and charges of all kinds. The Governments of the United Nations signatory to the present Treaty shall use their influence to induce other Powers to adopt similar measures.

2. The United Nations signatory to the present Treaty and entitled to German reparations renounce, in respect of Austrian property, the right to avail themselves of the provisions relating to the allocation or liquidation for their benefit of German assets in neutral or ex-enemy countries.

3. Shall be deemed Austrian property under the present Article, property belonging to the Austrian Government or its nationals on March 13, 1938, on condition that the said nationals have resumed Austrian nationality, and property that has been acquired from them by force or duress by the German Government or by German nationals since March 13, 1938. If Property has been transferred after that date to a person who was an Austrian national on March 13, 1938, and who has resumed Austrian nationality, such property shall be [Page 551] deemed Austrian if the transfer has been legally effected in accordance with the law of the country where the property is located and, in the case of ex-enemy countries, if such transfer is not liable to invalidation under the terms of the peace treaties.](3 )

[1. With respect to the return of Austrian property, rights and interests, the Allied and Associated Powers declare that they will accords to Austria and Austrian nationals the same treatment as that accorded to United Nations and United Nations nationals. Subject to the forgoing, each of the Allied or Associated Powers:—

(a) will return all property, rights and interests at present in its territory belonging to Austria or Austrian nationals or which belonged to Austria or Austrian nationals when taken under custodial control which have not, prior to the date of the coming into force of the present threaty, been liquidated or disposed of by it, and

(b) in case such property, rights or interests have been liquidated or disposed of, will return the proceeds thereof as of the date of such liquidation or disposition, subject to such taxes, liens, administrative charges, creditor’s claims, and other like charges, ordinarily imposed upon properties of nationals of United Nations.

2. The Allied and Associated Powers will apply the provisions of paragraph I to Austrian property outside their territories but which is under their control other than Austrian property in Germany, the return of which is subject to the provisions of Article . . . . . They will use their good offices to persuade other governments to do likewise.](4 )

Article 4510

Austrian Property in the Territory of the Allied and Associated Powers

1.
The Allied and Associated Powers declare their intention to return Austrian property, rights and interests as they now exist in their territories or the proceeds arising out of the liquidation, disposal or realization of such property, rights or interests, subject to accrued taxes, expenses of administration, creditor claims and other like charges, where such property, rights or interests have been liquidated, disposed of or otherwise realized. The Allied and Associated Powers will be prepared to conclude agreements with the Government of Austria for this purpose.
2.
Notwithstanding the foregoing provisions, the People’s Federal Republic of Yugoslavia shall have the right to seize, retain or liquidate Austrian property, rights and interests which at the coming into force of the present Treaty are within Yugoslav territory and also to apply the proceeds thereof to such purposes as it may desire within the limits of its claims and those of its nationals against Austria or Austrian nationals, including debts, other then claims fully satisfied under other Articles of the present Treaty. The Government of Austria undertakes to compensate Austrian nationals whose property is taken under this paragraph.

Note: US and UK Delegations can accept paragraph 2 only if the US–UK proposal for Article 34 is accepted by all Delegations. Soviet Delegation considers paragraph 2 has no connection whatsoever with Article 34 and should be considered separately.

Article 46

This Article was combined with Article 38.

Article 47

This Article has been withdrawn.

Article 48

Debts(1)

1.
[The annexation of Austria by Germany shall not be deemed to have affected the obligations of the Austrian Government in respect of external loans issued prior to March 13, 1938. The Allied and Associated Powers recognise that the Government of Austria has no obligation in respect of German Government securities freely accepted by the holders thereof in exchange for securities of the Government of Austria.](2).
2.
[The Allied and Associated Powers recognise that interest payments and similar charges on Austrian Government securities falling due after March 12, 1938, and before May 8, 1945, constitute a claim on Germany and not on Austria.](3).11
3. [All provisions of loan agreements concluded by the Government of Austria before March 13, 1938, insofar as those provisions grant to the creditors security upon the public revenues or the right of control over government finances and over the activities of the credit institutions of Austria shall be considered as terminated from the coming into force of the present Treaty](4 ).
3.
[The Allied and Associated Powers declare their intention not to avail themselves of the provisions of loan agreements made by the Government of Austria before March 13th 1938, insofar as those provisions granted to the creditors a right of control over the government finances of Austria.](5 )
4.
The existence of the state of war between the Allied and Associated Powers and Germany shall not, in itself, be regarded as affecting the obligation to pay pecuniary debts arising out of obligations and contracts which existed, and rights which were acquired, before the existence of the state of war, which became payable prior to the coming into force of the present Treaty, and which are due by the Government or nationals of Austria to the Government or nationals of one of the Allied and Associated Powers or are due by the Government or nationals of one of the Allied and Associated Powers to the Government or nationals of Austria.
5.
Except as otherwise expressly provided in the present Treaty, nothing therein shall be construed as impairing debtor-creditor relationships arising out of contracts concluded at any time prior to September 1, 1939, by either the Government of Austria or persons who were nationals of Austria on March 12, 1938.

Article 48 bis

[Austria acknowledges as a debt payable by her monetary loans and also the value of all supplies and services delivered to the Austrian Government by any of the Allied or Associated Powers between May 8, 1945, and the coming into force of the present Treaty.](1)

[The Governments of the Allied and Associated Powers waive all claims against the Government or nationals of Austria which they or any of them may have for the value of imported supplies delivered by them or any of them for civilian consumption in Austria between May 8, 1945 and the coming into force of the present Treaty, other than supplies delivered under commercial contracts, trade agreements or credit arrangements.](2)

[Page 554]

Part VI. General Economic Relations

Article 49

1.
Pending the conclusion of commercial treaties or agreements between individual United Nations and Austria, the Austrian Government shall, during a period of eighteen months from the coming into force of the present Treaty, grant the following treatment to each of the United Nations which, in fact, reciprocally grants similar treatment in like matters to Austria:—
(a)
In all that concerns duties and charges on importation or exportation, the internal taxation of imported goods and all regulations pertaining thereto, the United Nations shall be granted unconditional most-favoured-nation treatment;
(b)
In all other respects, Austria shall make no arbitrary discrimination against goods originating in or destined for any territory of any of the United Nations as compared with like goods originating in or destined for territory of any other United Nations or of any other foreign country;
(c)
United Nations nationals, including juridical persons, shall be granted national and most-favoured-nation treatment in all matters pertaining to commerce, industry, shipping and other forms of business activity within Austria. These provisions shall not apply to commercial aviation;
(d)
Austria shall grant no exclusive or discriminatory rights to any country with regard to the operation of commercial aircraft in international traffic, shall afford all the United Nations equality of opportunity in obtaining international commercial aviation rights in Austrian territory including the right to land for refuelling and repair, and, with regard to the operation of commercial aircraft in international traffic, shall grant on a reciprocal and non-discriminatory basis to all United Nations the right to fly over Austrian territory without landing. These provisions shall not affect the interests of the national defence of Austria.
2.
The foregoing undertakings by Austria shall be understood to be subject to the exceptions customarily included in commercial treaties concluded by Austria prior to March 13, 1938; 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 State.
[3.
For a period of 18 months after the coming into force of the present Treaty, Austria agrees to take appropriate measures to prevent, in international trade, business practices which restrain competition, limit access to markets, or foster monopolistic controls, and which are employed by or are made effective by a combination, agreement or other arrangement among public or private commercial enterprises. Notwithstanding the foregoing, this undertaking shall not be constructed to preclude practices necessary to implement inter-governmental [Page 555] agreements which are not in violation of the proceeding paragraphs of this Article.](1 )

Article 49 bis

[ Contracts between Austria and Germany

All contracts concluded between Austria or Austrian nationals and Germany or German nationals which grant to Germany, to German enterprises or to German nationals economic advantages, and in particular those which involve a long term obligation for the delivery of goods or services, or for the determination of prices or of preferential terms of payment, shall be deemed to have been dissolved on May 8, 1945.

Nevertheless, the Austrian Government may, with the approval of the Heads of the Diplomatic Missions at Vienna of the United States, France, the United Kingdom and the Soviet Union, maintain any such contract in force for a period of 18 months from the coming into force of the present Treaty.](1 )

Article 49 bis12

Contracts between Austria and Germany

The Government of Austria with the agreement of the Heads of the Diplomatic Missions in Vienna of the Soviet Union, of the United Kingdom, of the United States of America and of France, may take action with a view to terminating contractual relations between Austrian nationals and Germany or German nationals existing on May 8, 1945 which created conditions of undue economic dependence by Austria on Germany, or which were harmful to the Austrian economy and involved long-term obligations for the delivery of goods or services or for the determination of prices or of preferential terms of payment.[(1)]

Part VII

Article 50

Settlement of Disputes

1.
Any disputes which may arise in giving effect to Articles (on Restitution) and (United Nations Property in Austria) and Annexes [Page 556](Judgments ....)(1) of the present Treaty shall be referred to a Conciliation Commission consisting of one representative of the Government of the United Nation concerned and one representative of the Government of Austria. If, within three months after the dispute has been referred to the Conciliation Commission no agreement has been reached, either Government may ask for the addition to the Commission of a third member selected by mutual agreement of the two Governments from nationals of a third country. Should the two Governments fail to agree within two months on the selection of a third member of the Commission, either Government may request the Heads of the Diplomatic Missions in Vienna of the U.S.S.R., of the United States, of the United Kingdom, and of France to make the appointment. If the Heads of Mission are unable to agree within a period of one month the appointment of this third member, the Secretary-General of the United Nations may be requested by either party to make the appointment.
2.
When any Conciliation Commission is established under paragraph 1 above, it shall have jurisdiction over all disputes which may thereafter arise between the United Nation concerned and Austria in the application or interpretation of the Articles and Annexes enumerated in paragraph 1 of this Article; and shall perform the functions attributed to it by those provisions.
3.
Each Conciliation Commission shall determine its own procedure, adopting rules conforming to justice and equity.
4.
Each Government shall pay the salary of the member of the Conciliation Commission whom it appoints and of any agent whom it may designate to represent it before the Commission. The salary of the third member shall be fixed by special agreement between the Governments concerned and this salary, together with the common expenses of each Commission, shall be paid in equal shares by the two Governments.
5.
The parties undertake that their authorities shall furnish directly to the Conciliation Commission all assistance which may be within their power.
6.
The decision of the majority of the members of the Commission shall be the decision of the Commission, and shall be accepted by the parties as definitive and binding.
[Page 557]

Part VIII. Miscellaneous Economic Provisions(1)

Article 51

Patents

[Austrian patent law shall be amended in order to limit the study preliminary to registration to a simple survey of the definition of the new characteristics of the projects.

Any kind of technical centralisation by any means and any form of preliminary appeal to opposition are prohibited.](2)

Article 52

Transit Facilities

Austria 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 52 bis

[The Allied and Associated Powers undertake to support inclusion in the settlement in relation to Germany of provisions to facilitate transit and communication without customs duties or charges between Salzburg and Lofer (Tirol) across the Reichenhall–Steinpass.](1 )

Article 53

Scope of Application

Articles (on Restitution, Restoration of United Nations Property and General Economic Relations) and Annex (on Judgments) of the present Treaty shall apply to the Allied and Associated Powers and to those of the United Nations which had that status on May 8, 1945, and whose diplomatic relations with Germany have been broken off during the period between September 1, 1939 and January 1, 1945.

Article 54

Force of Annexes

The provisions of Annexes VIII, IX, X shall, as in the case of the other Annexes, have force and effect as integral parts of the present Treaty.

[Page 558]

Part IX. Clause Relating to the Danube

Article 55

Navigation on the Danube shall be free and open for the nationals, vessels of commerce and goods of all States on a footing of equality in regard to port and navigation charges and conditions for merchant shipping. The foregoing shall not apply to traffic between ports of the same State.

Part X. Final Clauses

Article 56

Heads of Mission

1.
For a period not to exceed eighteen months from the coming into force of the present Treaty, the Heads of the Diplomatic Missions in Vienna, of the Soviet Union, of the United Kingdom, of the United States of America and of France, acting in concert, will represent the Allied and Associated Powers in dealing with the Austrian Government in all matters concerning the execution and interpretation of the present Treaty.
2.
The Four Heads of Mission will give the Austrian Government such guidance, technical advice and clarification as may be necessary to ensure the rapid and efficient execution of the present Treaty both in letter and in spirit.
3.
The Austrian Government shall afford the said Four Heads of Mission all necessary information and any assistance which they may require in the fulfilment of the tasks devolving on them under the present Treaty.

Article 57

Interpretation of the Treaty

1.
Except where another procedure is specifically provided under any Article of the present Treaty, any dispute concerning the interpretation or execution of the Treaty which is not settled by direct diplomatic negotiations shall be referred to the Four Heads of Mission acting under Article 56, except that in this case the Heads of Mission will not be restricted by the time limit provided in that Article. Any such dispute not resolved by them within a period of two months shall, unless the parties to the dispute mutually agree upon another means of settlement, be referred at the request of either party to the dispute to a Commission composed of one representative of each party and a third member selected by mutual agreement of the two parties from [Page 559]nationals of a third country. Should the two parties fail to agree within a period of one month upon the appointment of the third member, the Secretary-General of the United Nations may be requested by either party to make the appointment.
2.
The decision of the majority of the members of the Commission shall be the decision of the Commission and shall be accepted by the parties as definitive and binding.

Article 58

Accession Clause

1.
Any member of the United Nations at war with Germany which had the status of a United Nation on May 8, 1945, and is not a signatory to the present Treaty, may accede to the Treaty and upon accession shall be deemed to be an Associated Power for the purposes of the Treaty.
2.
Instruments of accession shall be deposited with the Government of the Union of Soviet Socialist Republics and shall take effect upon deposit.

Article 59

Ratification

The present Treaty, of which the Russian, English, French [and German (1 )] texts are authentic, shall be ratified [by the Allied and Associated Powers. It shall also be ratified by Austria (2 )]. It shall come into force immediately upon deposit of ratifications by the Union of Soviet Socialist Republics, by the United States of America, by the United Kingdom of Great Britain and Northern Ireland, and by France [of the one part and by Austria of the other part (3 )]. The instruments of ratification shall, in the shortest time possible, be deposited with the Government of the Union of Soviet Socialist Republics.

With respect to each Allied and Associated Power whose instrument of ratification is thereafter deposited, the Treaty shall come into force upon the date of deposit. The present Treaty shall be deposited in the archives of the Government of the Union of Soviet Socialist Republics which shall furnish certified copies to each of the signatory States.

In faith whereof the undersigned Plenipotentiaries have signed the present Treaty and have affixed thereto their seals.

Done in the city of —— in the Russian, English, French and German languages this — day of —— 194—

[Page 560]

List of Annexes

I
— Definition of Military and Military Air Training.
II
— Definition and List of War Material.
III
— Prohibition of Certain Equipment and Products.
IV
— Prohibition of Certain Research, Development and Manufacture.
V
— Limitation of Stocks of Certain Materials.
VI
— Resolution Adopted by the General Assembly of the United Nations on February 12, 1946.
VII
— Division of German Assets in Austria.
VIII
— Special Provisions relating to certain kinds of Property:
A.
Industrial, Literary and Artistic Property
B.
Insurance.
IX
— Contracts, Prescription and Negotiable Instruments.
X
— Judgments.

Annex I

Definition of Military and Military Air Training

1.
Military training is defined as: the study of and practice in the use of war material specially designed or adapted for army purposes, and training devices relative thereto; the study and carrying out of all drill or movements which teach or practice evolutions performed by fighting forces in battle; and the organised study of tactics, strategy and staff work.
2.
Military air training is defined as: the study of and practice in the use of war material specially designed or adapted for air force purposes, and training devices, relative thereto; the study and practice of all specialised evolutions, including formation flying, performed by aircraft in the accomplishment of an air force mission; and the organised study of air tactics, strategy and staff work.

Annex II

Definition and List of War Material

The term “war material” as used in the present Treaty shall include all arms, ammunition and implements specially designed or adapted for use in war as listed below.

The Allied and Associated Powers reserve the right to amend the list periodically by modification or addition in the light of subsequent scientific development.

[Page 561]

Category I.

1.
Military rifles, carbines, revolvers and pistols; barrels for these weapons and other spare parts not readily adaptable for civilian use.
2.
Machine guns, military automatic or autoloading rifles, and machine-pistols; barrels for these weapons and other spare parts not readily adaptable for civilian use; machine gun mounts.
3.
Guns, howitzers, mortars, cannon special to aircraft, breechless or recoilless guns and flamethrowers; barrels and other spare parts not readily adaptable for civilian use; carriages and mountings for the foregoing.
4.
Rocket projectors; launching and control mechanisms for self-propelling and guided missiles; mountings for same.
5.
Self-propelling and guided missiles, projectiles, rockets, fixed ammunition and cartridges, filled or unfilled, for the arms listed in sub-paragraphs 1–4 above, and fuses, tubes or contrivances to explode or operate them. Fuses required for civilian use are not included.
6.
Grenades, bombs, torpedoes, mines, depth charges and incendiary materials or charges, filled or unfilled; all means for exploding or operating them. Fuses required for civilian use are not included.
7.
Bayonets.

Category II.

1.
Armoured fighting vehicles; armoured trains, not technically convertible to civilian use.
2.
Mechanical and self-propelled carriages for any of the weapons listed in Category I; special type military chassis or bodies other than those enumerated in sub-paragraph 1 above.
3.
Armour plate, greater than three inches in thickness, used for protective purposes in warfare.

Category III.

1.
Aiming and computing devices for the preparation and control of fire, including predictors and plotting apparatus, for fire control; direction of fire instruments; gun sights; bomb sights; fuse setters; equipment for the calibration of guns and fire control instruments.
2.
Assault bridging, assault boats and storm boats.
3.
Deceptive warfare, dazzle and decoy devices.
4.
Personal war equipment of a specialised nature not readily adaptable to civilian use.

Category IV.

1.
Warships of all kinds, including converted vessels and craft designed or intended for their attendance or support, which cannot [Page 562]be technically reconverted to civilian use, as well as weapons, armour, ammunition, aircraft and all other equipment, material, machines and installations not used in peace time on ships other than warships.
2.
Landing craft and amphibious vehicles or equipment of any kind; assault boats or devices of any type as well as catapults or other apparatus for launching or throwing aircraft, rockets, propelled weapons or any other missile, instrument or device whether manned or unmanned, guided or uncontrolled.
3.
Submersible or semi-submersible ships, craft, weapons, devices, or apparatus of any kind, including specially designed harbour defence booms, except as required by salvage, rescue or other civilian uses, as well as all equipment, accessories, spare parts, experimental or training aids, instruments or installations as may be specially designed for the construction, testing, maintenance or housing of the same.

Category V.

1.
Aircraft assembled or unassembled, both heavier and lighter than air, which are designed or adapted for aerial combat by the use of machine guns, rocket projectors or artillery, or for the carrying and dropping of bombs, or which are equipped with, or which by reason of their design or construction are prepared for, any of the appliances referred to in sub-paragraph 2 below.
2.
Aerial gun mounts and frames, bomb racks, torpedo carriers and bomb release or torpedo release mechanisms; gun turrets and blisters.
3.
Equipment specially designed for and used solely by airborne troops.
4.
Catapults or launching apparatus for shipborne, land- or sea-based aircraft; apparatus for launching aircraft weapons.
5.
Barrage balloons.

Category VI.

Asphyxiating, vesicant, lethal, toxic or incapacitating substances intended for war purposes, or manufactured in excess of civilian requirements.

Category VII.

Propellants, explosives, pyrotechnics or liquified gases destined for propulsion, explosion, charging or filling of, or for use in connexion with, the war material in the present categories, not capable of civilian use or manufactured in excess of civilian requirements.

[Page 563]

Category VIII.

Factory and tool equipment specially designed for the production and maintenance of the material enumerated above and not technically convertible to civilian use.(1)

Annex III

Prohibition of Certain Equipment and Products

List of the equipment and products of which the research and development, experimentation, production and possesion are prohibited under the conditions set out below.

i

(a)
Continuous rolling mills of an effective width over 2 metres, other than those already existing.
(b)
Cranes and gantries of a power greater than 100 tons in steel mills or steel foundries, other than those already existing.
(c)
Armour plate over 3 inches thick (76mm), with a surface hardness greater than 500 Brinnell.

ii

Manufacture, research for the purposes of industrial manufacture, and possession of hydrogen peroxide of a concentration greater than 41%. Laboratory research on this product is authorized, likewise the possession of the requisite quantities for this purpose.

iii

(a)
Mathematical machines specially designed to be fitted into prohibited apparatus or equipment, or to be applied to their study or construction.
(b)
Installations or apparatus devised for the study of nuclear physics, as applied to industrial uses or for war purposes. However, the use of cyclotrons or similar instruments in universities, for fundamental research work, is authorized.
(c)
Installations or apparatus intended for aerodynamic research in the regions corresponding to a Mach number greater than or equal to 0.9.
(d)
Experimental tanks and all other apparatus devised for the study and development of high speed craft (speed equal to or over 30 knots), submarines, underwater explosions and other development or apparatus and equipment adaptable to Naval warfare.
[Page 564]

Annex IV

Prohibition of Certain Research, Development and Manufacture

List of research and development and manufacture which are prohibited under the conditions set out below.

i

(a)
Research and development into the application of gas turbines and rockets to aircraft and manufacture in connection therewith.
(b)
Research and development of gyroscopes.

ii

(a)
Research, development and manufacture of radio-electric emitting apparatus of a frequency over 300,000 kilocycles, and the equipment connected with these.
(b)
Research, development and improvement of manufacturing processes of quartz and piezo-electric cells, thermo-electric, radio-electric and photo-electric cells, the use of which shall be unrestrictedly authorized, but the stock shall be limited to the indispensable spares, and exportation prohibited.
(c)
Research development and manufacture of emitting or receiving apparatus for infra-red, ultra-violet, infra-sounds and ultrasounds, the use of which shall be limited to medical and university requirements exclusively, and the stock shall be restricted to the indispensable spares for these requirements. Fundamental research and development on infra-red, ultra-violet, infra-sounds and ultra-sounds are authorized.
(d)
Research and development on stratospheric cabins and manufacture connected with these.
(e)
Research, development and manufacture of industrial machines such as: centering machines and industrial measuring machines and machine tools, accurate to over one ten-thousandth in the measurement of force, one ten-thousandth of a second in the measurement of time, and one thousandth of a milli-metre in the measurement of length.

iii

(a)
Manufacture and use of heavy water on an industrial scale and research for this purpose.
(b)
Manufacture for export purposes of the following primary metals and their alloys: magnesium, beryllium, vanadium.
(c)
Manufacture of nitric and sulphuric acids by processes producing directly concentrations of higher than 95% and 98% respectively, in excess of domestic non-military requirements.
(d)
Research, development and manufacture in the field of fritted metals, with the exception of the Reutte works, which shall not be permitted either to increase or alter their installations and equipment.
(e)
Research, development and manufacture of radio-active materials, the use and stocking of which shall be restricted to medical and university requirements.

Annex V

Limitation of Stocks of Certain Materials

List of materials, the stocking of which shall be restricted to the quantities requisite to meet the peace-time requirements of Austrian economy over a period of six months:

  • Copper
  • Nickel
  • Chromium
  • Vanadium
  • Tungsten
  • Manganese
  • Molybdenum
  • Magnesium
  • Beryllium
  • Natural and artificial radio-active products.
  • Rubber
  • Primary Aluminium
  • Fritted Metals
  • Sulphuric acid of more than 98% concentration
  • Nitric acid of more than 95% concentration.

Annex VI

Resolution Adopted by the General Assembly of the United Nations on February 12, 1946

The General Assembly, recognising that the problem of refugees and displaced persons of all categories is one of immediate urgency and recognising the necessity of clearly distinguishing between genuine refugees and displaced persons, on the one hand, and the war criminals, quislings and traitors referred to in paragraph (d) below, on the other:—

(a)
decides to refer this problem to the Economic and Social Council for thorough examination in all its aspects under item 10 of the agenda for the first session of the Council and for report to the second part of the first session of the General Assembly;
(b)
recommends to the Economic and Social Council that it establish a special Committee for the purpose of carrying out promptly the [Page 566]examination and preparation of the report referred to in paragraph (a);
(c)
recommends to the Economic and Social Council that it take into consideration in this matter the following principles:—
(i)
This problem is international in scope and nature;
(ii)
No refugees or displaced persons who have finally and definitely, in complete freedom, and after receiving full knowledge of the facts, including adequate information from the Governments of their countries of origin, expressed valid objections to returning to their countries of origin and who do not come within the provision of paragraph (d) below, shall be compelled to return to their country of origin. The future of such refugees or displaced persons shall become the concern of whatever international body may be recognised or established as a result of the report referred to in paragraphs (a) and (b) above, except in cases where the government of the country where they are established has made an arrangement with this body to assume the complete cost of their maintenance and the responsibility for their protection.
(iii)
The main task concerning displaced persons is to encourage and assist in every way possible their early return to their countries of origin. Such assistance may take the form of promoting the conclusion of bilateral arrangements for mutual assistance in the repatriation of such persons having regard to the principles laid down in paragraph (c) (ii) above;
(d)
considers that no action taken as a result of this resolution shall be of such a character as to interfere in any way with the surrender and punishment of war criminals, quislings and traitors, in conformity with present or future international arrangements or agreements,
(e)
considers that Germans being transferred to Germany from other States or who fled to other States from Allied troops, do not fall under the action of this declaration in so far as their situation may be decided by Allied forces of occupation in Germany, in agreement with the Governments of the respective countries.

Annex VII (1)

Division of German Assets in Austria

  • [1. German assets in Austria shall be divided in the following manner:—
    (a)
    All German assets located wholly in Eastern Austria shall be available to the Soviet Union.
    (b)
    All German assets located wholly [in Western Austria](2) [Page 567][elsewhere in Austria](3) shall be available for disposal in accordance with such directions as may be issued jointly by the Governments of the United Kingdom, United States and France.
    (c)
    Where a German asset consists of an interest in an enterprise which is located partly in Eastern Austria and partly [in Western Austria](2) [elsewhere in Austria](3) and the enterprise is constituted as a corporation, the German interest therein shall be divided in the proportion of the value of the physical assets which lie respectively in Eastern Austria and [Western Austria](2) [elsewhere in Austria](3). In similar circumstances, where an enterprise is not incorporated, steps shall be taken to incorporate it and the shares of the newly created corporation divided in the same manner.
    (d)
    [Where a German asset consists of a creditor claim against a juridical person whose property is located partly in Eastern Austria, and partly elsewhere in Austria, the creditor claim shall be divided in the proportion of the value of the physical assets of the debtor which lie, respectively, in Eastern Austria and elsewhere in Austria.](4)
  • 2. (a) Eastern Austria shall mean the Zone of Austria and the Sector of Vienna occupied by the Soviet Forces in accordance with the “Agreement on Zones of Occupation in Austria and the Administration of the City of Vienna” of July 9, 1945, [and Western Austria the remainder of Austria other than the Innere Stadt of Vienna.](5)
  • (b) [To the extent that German asset is located in the Innere Stadt of Vienna, it shall be treated as though it were located 25 percent in Eastern Austria and 75 percent in Western Austria.](6)
  • (c) The location of a German asset which consists of an interest in an enterprise shall be regarded as the place or places where the physical property of the enterprise is located.

Annex VIII

Special Provisions Relating to Certain Kinds of Property

A. Industrial, Literary and Artistic Property

1.
(a.) A period of one year from the coming into force of the present Treaty shall be accorded to the Allied and Associated Powers and their nationals without extension fees or other penalty of any sort in [Page 568]order to enable them to accomplish all necessary acts for the obtaining or preserving in Austria of rights in industrial, literary and artistic property which were not capable of accomplishment owing to the existence of a state of war [or by reason of the annexation of Austria by Germany].(1 )

[A period of one year from the coming into force of the present Treaty shall be accorded to the Allied and Associated Powers and their nationals without extension fees or other penalty of any sort in order to enable them to preserve in Austria those rights in industrial, literary and artistic property that had been conceded to them by Germany and the validity of which was extended to Austrian territory by the fact of the annexation of Austria by Germany].(2 )

(b.) Allied and Associated Powers or their nationals who had duly applied in the territory of any Allied or Associated Power for a patent or registration of a utility model not earlier than twelve months before the outbreak of the war with Germany or during the war, or for the registration of an industrial design or model or trade mark not earlier than six months before the outbreak of war with Germany or during the war, shall be entitled within twelve months after the coming into force of the present Treaty to apply for corresponding rights in Austria, with a right of priority based upon the previous filing of the application in the territory of that Allied or Associated Power.
(c.) Each of the Allied and Associated Powers and its nationals shall be accorded a period of one year from the coming into force of the present Treaty during which they may institute proceedings in Austria against those natural or juridical persons who are alleged illegally to have infringed their rights in industrial, literary or artistic property between the date of the outbreak of the war and the coming into force of the present Treaty.
2.
A period from the outbreak of the war until a date eighteen months after the coming into force of the present Treaty shall be excluded in determining the time within which a patent must be worked or a design or trade mark used.
3.
The period from the outbreak of the war until the coming into force of the present Treaty shall be excluded from the normal term of rights in industrial, literary and artistic property which were in force in Austria at the outbreak of the war or which are recognised or established under Part A of this Annex and belong to any of the Allied and Associated Powers or their nationals. Consequently, the normal duration of such rights shall be deemed to be automatically [Page 569]extended in Austria for a further term corresponding to the period so excluded.
4.
The foregoing provisions concerning the rights in Austria of the Allied and Associated Powers and their nationals shall apply equally to the rights in the territories of the Allied and Associated Powers of Austria and its nationals. Nothing, however, in these provisions shall entitle Austria 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 Austria be thereby required to accord to any of the Allied and Associated Powers or its nationals more favourable treatment than Austria or its nationals receive in the territory of such Power in regard to the matters dealt with in the foregoing provisions.
5.
Third parties in the territories of any of the Allied and Associated Powers or Austria who, before the coming into force of the present Treaty, had bona fide acquired industrial, literary or artistic property rights conflicting with rights restored under Part A of this Annex or with rights obtained with the priority provided thereunder, or had bona fide manufactured, published, reproduced, used or sold the subject matter of such rights, shall be permitted, without any liability for infringement, to continue to exercise such rights and to continue or to resume such manufacture, publication, reproduction, use or sale which had been bona fide acquired or commenced. In Austria, such permission shall take the form of a non-exclusive license granted on terms and conditions to be mutually agreed by the parties thereto, or in default of agreement, to be fixed by the Conciliation Commission established under Article—of the present Treaty. In the territories of each of the Allied and Associated Powers, however, bona fide third parties shall receive such protection as is accorded under similar circumstances to bona fide third parties whose rights are in conflict with those of the nationals of other Allied and Associated Powers.
6.
Nothing in Part A of this Annex shall be construed to entitle Austria or its nationals to any patent or utility model rights in the territory of any of the Allied and Associated Powers with respect to inventions relating to any article listed by name in Annex II of the present Treaty, made, or upon which applications were filed, by Austria, or any of its nationals, in Austria or in the territory of any of the Axis Powers, or in any territory occupied by the Axis forces, during the time when such territory was under the control of the forces or authorities of the Axis Powers.
7.
Austria shall likewise extend the benefits of the foregoing provisions of this Annex to other United Nations which are not Allied or Associated Powers, whose diplomatic relations with Germany have been broken off during the war and which undertake to extend to Austria the benefits accorded to Austria under the said provisions.
8.
Nothing in Part A of this Annex shall be understood to conflict with Articles ——— of the present Treaty.

B. Insurance

1.
No obstacles, other than any applicable to insurers generally, shall be placed in the way of the resumption by insurers who are United Nations nationals of their former portfolios of business.
2.
Should any insurer, who is a national of any of the United Nations, wish to resume his professional activities in Austria, and should the value of guarantee deposits or reserves required to be held as a condition of carrying on business in Austria be found to have decreased as a result of the loss or depreciation of the securities which constituted such deposits or reserves, the Austrian Government undertakes to accept, for a period of eighteen months, such securities as still remain as fulfilling any legal requirements in respect of deposits and reserves.

Annex IX

Contracts, Prescriptions and Negotiable Instruments

A. Contracts

1.
Any contract which required for its execution intercourse between any of the parties thereto having become enemies as defined in part D of this Annex, shall, subject to the exceptions set out in paragraphs 2 and 3 below, be deemed to have been dissolved as from the time when any of the parties thereto became enemies. Such dissolution, however, is without prejudice to the provisions of Article — of the present Treaty, nor shall it relieve any party to the contract from the obligation to repay amounts received as advances or as payments on account and in respect of which such party has not rendered performance in return.
2.
Notwithstanding the provisions of paragraph 1 above, there shall be excepted from dissolution and there shall remain in force such parts of any contract as are severable and did not require for their execution intercourse between any of the parties thereto, having become enemies as defined in part D of this Annex. Where the provisions of any contract are not so severable, the contract shall be deemed to have been dissolved in its entirety. The foregoing shall be subject to the application of domestic laws, orders or regulations made by any of the Allied and Associated Powers having jurisdiction over the contract or over any of the parties thereto and shall be subject to the terms of the contract.
3.
Nothing in part A of this Annex shall be deemed to invalidate transactions lawfully carried out in accordance with a contract between enemies if they have been carried out with the authorization of the Government of one of the Allied and Associated Powers.
4.
Notwithstanding the foregoing provisions, contracts of insurance and re-insurance shall be subject to separate agreements between the Government of the Allied or Associated Power concerned and the Government of Austria.

B. Periods of Prescription

1.
All periods of prescription or limitation of right of action or of the right to take conservatory measures in respect of relations affecting persons or property, involving United Nations nationals and Austrian nationals who, by reason of the state of war with Germany, were unable to take judicial action or to comply with the formalities necessary to safeguard their rights, irrespective of whether these periods commenced before or after the outbreak of that war, shall be regarded as having been suspended for the period from September 1, 1939 till the date of the coming into force of the present Treaty, in Austrian territory on the one hand, and on the other hand in the territory of those United Nations which grant to Austria, on a reciprocal basis, the benefit of the provisions of this paragraph. These periods shall begin to run again on the coming into force of the present Treaty. The provisions of this paragraph shall be applicable in regard to the periods fixed for the presentation of interest or dividend coupons or for the presentation for payment of securities drawn for repayment or repayable on any other ground.
2.
Where, on account of failure to perform any act or to comply with any formality within the period from September 1, 1939 till the date of the coming into force of the present Treaty, measures of execution have been taken in Austrian territory to the prejudice of a national of one of the United Nations, the Austrian Government shall restore the rights which have been detrimentally affected. If such restoration is impossible or would be inequitable, the Austrian Government shall provide that the United Nations national shall be afforded such relief as may be just and equitable in the circumstances.

C. 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 [Page 572]failure to complete any formality within the period from September 1, 1939 till the date of the coming into force of the present Treaty.
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 within the period from September 1, 1939 till the date of the coming into force of the present Treaty, 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 within the period from September 1, 1939, till the date of the coming into force of the present Treaty, 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 before the coming into force of the present Treaty, incurred obligations under a negotiable instrument in consequence of 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 those obligations notwithstanding the outbreak of the war.

D. Special Provisions

1.
For the purposes of this Annex, natural or juridical persons shall be regarded as enemies from the date when trading between them shall have become unlawful under laws, orders or regulations to which such persons or the contracts were subject.
2.
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 Austria.

E. Provisions Relating to Contracts With Germany or With German Nationals

French proposals still under consideration by the Deputies.

Annex X

Judgments

The Government of Austria 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 Austrian authorities for review any judgment given by any court in Austria, or in any case tried in a court in Austria, between September 1st, 1939, and the coming into force of the present [Page 573]Treaty in any proceeding in which the United Nations national was unable to make adequate presentation of his case as plaintiff or defendant. The Government of Austria 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.

  1. The United Kingdom and United States Delegations wish to enumerate here as further signatory Powers all or certain of the following States: Australia, Belgium, the Byelorussian Soviet Socialist Republic, Brazil, Canada, China, Czechoslovakia, Denmark, Greece, India, Luxembourg, the Netherlands, New Zealand, Norway, Poland, the Ukrainian Soviet Socialist Republics, the Union of South Africa, the People’s Federal Republic of Yugoslavia.
  2. “Allied and Associated Powers” or any other phrase agreed by the Ministers.
  3. Soviet Delegation proposes the word “responsibility”; United States and United Kingdom Delegations propose the word “consequences”. French Delegation prefers the word “responsibilities” but would accept “consequences.”
  4. The United Kingdom and United States Delegations propose that if the Ministers decide to include other States as signatories to the Treaty in the first paragraph of the preamble, the phrase “Allied and Associated Powers” (or such other phrase as may be agreed by the Ministers) should replace the reference to the Four Powers in this paragraph.
  5. The United Kingdom and United States Delegations propose that if the Ministers decide to include other States as signatories to the Treaty in the first paragraph of the preamble, the phrase “Allied and Associated Powers” (or such other phrase as may be agreed by the Ministers) should replace the reference to the Four Powers in this paragraph.
  6. Soviet Delegation considers this article unnecesary.
  7. United States proposal. United Kingdom and French Delegations will accept this paragraph in order to obtain agreement. U.S. Delegation considered this paragraph necessary in CFM .
  8. French and United States proposal. U.S. willing to withdraw this paragraph if other delegations agree but French continue to adhere to this paragraph. ( CFM )
  9. Alternative text proposed by United Kingdom Delegation. UK Delegation withdraws this paragraph in CFM .
  10. United States proposal, supported by French Delegation. United Kingdom Delegation considers this paragraph unnecessary. United States Delegation with drew this paragraph in CFM .
  11. United States and French proposal.
  12. United States and U.K. Delegations object to the words in brackets.
  13. United Kingdom, United States and French proposal.
  14. The Soviet Delegation supports the territorial claims of Yugoslavia against Austria set out in memoranda of the Yugoslav Government presented to the Deputies on January 22, 1947. (Soviet proposal for footnote April 21.)
  15. The Soviet Delegation proposes to delete the words in brackets.
  16. The Soviet Delegation proposes to delete the words in brackets.
  17. The Soviet Delegation proposes to delete the words in brackets.
  18. The French Delegation considers that this period should apply only to paragraph 2.
  19. French proposal with which the Soviet Delegation agrees, subject to deletion of words in brackets.
  20. U.S and U.K. Delegations prefer to omit this Article but are prepared to include the above text if the other Delegations insist on including provisions on this subject.
  21. U.S. and French proposal, which the U.K. Delegation could accept but considers that Article could be simplified by the omission of the words “to maintain and continue . . . . democratic system, and”.)]
  22. French and Soviet proposal.
  23. U.S. and U.K. Proposal.
  24. This redraft of Article 11 was prepared by the Deputies for Austria and approved by the Council of Foreign Ministers at its 39th Meeting, April 21, 1947. [Footnote supplied by the editor.]
  25. Soviet proposal. French Delegation considers that the substance of paragraph (a) might be re-examined when the Foreign Ministers have taken a final decision on the similar proposals which have been raised in connection with the displaced persons and demographic problems in Germany.
  26. U.K. proposal which U.S. and French Delegations accept.
  27. Soviet proposal.
  28. U.S. and U.K. proposal, with which French Delegation agrees.
  29. The redraft of Article 16 bis was prepared by the Deputies for Austria and approved by the Council of Foreign Ministers at its 39th Meeting, April 21, 1947. The note that follows the text of the article was not intended to be included in the treaty text. [Footnote supplied by the editor.]
  30. This new paragraph, adopted by the Council of Foreign Ministers at its 37th Meeting, April 20, had previously been adopted by the Council at its 32nd Meeting, April 17, as the revised text for Article 24. [Footnote supplied by the editor.]
  31. Soviet proposal.
  32. French and Soviet proposal.
  33. Soviet proposal, which the United States and United Kingdom Delegations oppose.
  34. At its 37th Meeting, April 20, the Council of Foreign Ministers agreed to include this revised text as a part of Article 17. [Footnote supplied by the editor.]
  35. French proposal, with which the Soviet Delegation agrees. The U.S. and U.K. Delegations oppose this proposal.
  36. Soviet proposal.
  37. U.S. proposal, with which the French and U.K. Delegations agree.
  38. French proposal with which the Soviet Delegation agrees. The U.S. and U.K. Delegations oppose the inclusion of this paragraph and its annexes. However, the U.K. Delegation made the following reservation, that in the event of Ministers deciding to include limitations of this nature in the Treaty the U.K. Delegation could, subject to the imposition of a specific time limit on the restrictions, accept the following paragraphs:—
    • Annex III, paras. I(b), II, III.
    • Annex IV, paras. I, III(a), (c), and (e), and could, subject to modifications, accept the following paragraphs of these Annexes:—
    • Annex III, para. I(c).
    • Annex IV, paras. II(a) and (d).
    • Annex V.
  39. French proposal, with which the Soviet and U.S. Delegation agree.
  40. Soviet proposal, which French, U.K. and U.S. Delegations oppose.
  41. French proposal, which the U.S., U.K. and Soviet Delegations oppose.
  42. No text for this article was included in CFM (47) (M) 82. A text was subsequently prepared by the Deputies for Austria and was adopted by the Council of Foreign Ministers at its 39th Meeting, April 21, 1947. [Footnote supplied by the editor.]
  43. The Soviet Delegation, while accepting paragraph 5 (a), reserves its position on paragraph 5 (b) until agreement is reached on Article 35.
  44. U.K. and U.S. proposal. Soviet delegation suggests to consider the proposal of the Yugoslav delegation, set out in documents CFM(D) (47) (A)10 and 75 of January 21 and February 17, 1947, relating to its reparation claims against Austria. French Delegation agrees in principle with the U.K. and U.S. proposal, provided that Ministers accept the principle involved, but reserve the right to make minor drafting changes.
  45. At the 33rd Meeting of the Council of Foreign Ministers, April 18, 1947, Secretary Marshall presented a new proposal for this article. Circulated to the Council as document CFM(47) (M)141, April 18, this proposal read as follows:

    • “1. Austria recognizes that the United States, United Kingdom, Soviet Union, and France have the right to dispose of all German assets in Austria according to the provisions of the Berlin Protocol of August 2, 1945, on German reparations. Austria shall take all measures necessary to facilitate the transfer to the four Powers of all properties in Austria which are German assets.
    • “2. German assets are defined as property, rights and interests beneficially owned on May 8, 1945, by the German Government or German Nationals which were:
      • (a) Owned by the German Government or German Nationals on March 12, 1938;
      • (b) Acquired after March 12, 1938, by the German Government or by persons who on March 12, 1938, were German Nationals, if such assets were acquired without force or duress.
    • “3. All assets so transferred shall be subject to the provisions of Austrian law, except that no such assets shall be subject to nationalization by Austria for a period of ____________ from the coming into force of the treaty.
    • “4. The area of Eastern Austria referred to in the Berlin Protocol is defined as the Soviet Zone of Occupation in Austria and the Soviet Sector in the city of Vienna.”

    [Footnote supplied by the editor.]

  46. The French Delegation does not consider the inclusion of the words in brackets [parenthesis?] necessary.
  47. United Kingdom, United States and French proposal.
  48. Soviet alternative proposal.
  49. The United States Delegation reserves its position on this sub-paragraph.
  50. United Kingdom and United States proposal.
  51. Alternative Soviet proposal.
  52. French alternative proposal.
  53. Soviet proposal.
  54. United Kingdom and United States alternative proposal.
  55. French alternative proposal.
  56. Soviet proposal.

    The United Kingdom Delegation would prefer a method of settling disputes similar to that provided in Section 3 of the Annex to CFM(D) (47) (A) 60, but failing agreement on this, would accept settlement of Article 57.

    The French Delegation considers that disputes arising in connection with the implementation of this article shall be settled under the provisions of Article 57, except as otherwise provided in paragraph 3.

    The United States Delegation opposes this provision. It considers the inclusion of special provisions relating to the settlement of dispute arising under this Article as unnecessary, since the procedure agreed on in Article 57 is suitable and adequate.

  57. The United States Delegation proposes to delete these words.
  58. The United Kingdom and United States propose to delete these words, and to deal with the question of rolling stock in a separate Article, the proposed text of which is to be found in Article 36 bis.
  59. The United States Delegation cannot accept this provision.
  60. Soviet proposal.
  61. U.K. and U.S. proposal. Soviet and French Delegations do not consider that the inclusion of paragraphs 1–3 in the Treaty is necessary, and are strongly opposed to paragraph 4.
  62. U.K. proposal. The U.K. Delegation attaches great importance to the inclusion of a provision covering Austria’s essential rolling-stock needs.

    The French and U.S. Delegations cannot accept this draft, but are willing to consider the inclusion of a provision in the Treaty dealing with Austrian rolling-stock needs.

    The Soviet Delegation opposes the inclusion of this provision in the Treaty as contradicting the Berlin decisions on German external assets.

  63. United States proposal, to which the U.K. and French Delegation do not object.

    The Soviet Delegation sees no reason for the inclusion of this Article.

  64. The Soviet Delegation is opposed to the inclusion of the words in brackets.
  65. Proposal of French, U.S. and U.K. Delegations. Soviet Delegation does not consider the inclusion of this paragraph necessary.
  66. U.K. Proposal.
  67. U.S. and French Proposal.
  68. Soviet Proposal.
  69. French, Soviet and U.K. Proposal.
  70. French Proposal supported by Soviet Delegation.
  71. U.K. Proposal, alternative to the previous sentence.
  72. U.S. Proposal for paragraph 4.
  73. U.S. proposal. Soviet, French and U.K. Delegations did not consider that the inclusion of this subparagraph was necessary.
  74. U.K. proposal. Supported by the U.S. Delegation.
  75. French proposal. Supported by the Soviet Delegation.
  76. U.S. proposal. Opposed by U.K., Soviet and French Delegations.
  77. US and UK proposal supported by the French Delegation. Soviet Delegation considers it premature to discuss this question.
  78. French and U.K. proposal. The Soviet Delegation agrees to accept only the first paragraph of this proposal, provided the words “on September 1, 1939”, be amended to read “on the day hostilities started between Germany and the United Nation concerned”.
  79. U.S. proposal.
  80. U.K., French and U.S. proposal.
  81. Soviet proposal.
  82. U.K., French and U.S. proposal.
  83. Soviet proposal.
  84. The Soviet Delegation objects to the inclusion of these words.
  85. U.K., U.S. and French proposal.
  86. Soviet proposal.
  87. French proposal.
  88. Alternative U.S. and Soviet proposal for (a), (b) and (c).
  89. Alternative U.K. proposal for (a), (b) and (c).
  90. Addition by Soviet Delegation. U.K., U.S. and French Delegations do not consider these words necessary.
  91. Additions by Soviet Delegation, which U.S. and U.K. Delegations oppose.
  92. Additions by Soviet Delegation, which U.S. and U.K. Delegations oppose.
  93. Additions by Soviet Delegation, which U.S. and U.K. Delegations oppose.
  94. Addition by U.S. and U.K. Delegations which the Soviet and French Delegations consider unnecessary.
  95. Addition by the French Delegation opposed by the U.S. Delegation.
  96. Soviet proposal opposed by the U.S. and U.K. Delegations.
  97. French, United States and United Kingdom proposal. The Soviet Delegation see no reason for the inclusion of this Article.
  98. Soviet proposal, which the French Delegation is prepared to accept.
  99. U.S. and U.K. proposal, which the French Delegation is prepared to accept.
  100. Soviet proposal.
  101. U.S., U.K., and French proposal.
  102. Soviet Delegation reserves its position and considers that no final decision can be reached until after the Yugoslav Delegation has been heard.
  103. U.K. proposal.
  104. French proposal.
  105. U.S. proposal.
  106. On the basis of a redraft of article 45 prepared by the Deputies for Austria, the Council of Foreign Ministers, at its 39th Meeting, April 21, 1947, worked out the text printed here. Paragraph 1 was adopted by the Council, but a decision on paragraph 2 was deferred. [Footnote supplied by the editor.]
  107. The Soviet Delegation reserves the right to propose an addition to this article.
  108. United Kingdom, United States and French proposal. The Soviet Delegation reserves its position on this paragraph.
  109. United Kingdom, United States and Soviet proposal. The French Delegation is opposed to the inclusion of this paragraph.
  110. On April 19, 1947, the French Delegation submitted the folowing proposal for this paragraph:

    “As regards payment of interest and similar charges on Austrian Government securities falling due between March 13, 1938 and May 6, 1945, the Allied and Associated Powers declare their intention to negotiate with Austria Agreements to fix conditions of payment which take into account the financial position of Austria.”

    [Footnote supplied by the editor.]

  111. Soviet proposal.
  112. ) Alternative French proposal, supported by the United States Delegation
  113. Soviet proposal.
  114. United States proposal, supported by the United Kingdom and French Delegations.
  115. U.S. proposal. Soviet, French and U.K. Delegations are not in favor of including paragraph 3.
  116. French proposal which has not been discussed by the Deputies.
  117. This draft article was agreed upon by the United States, United Kingdom, and French Delegations. It was presented to Council of Foreign Ministers by the Deputies for Austria at the Council’s 39th Meeting, April 21. The Council took no final action on the article as the Soviet Delegation continued to reserve its position. [Footnote supplied by the editor.]
  118. The Soviet Delegation reserves its position on this Article until a decision on Article 35 is reached.
  119. The United Kingdom, French and United States Delegations do not necessarily consider this list to be complete.
  120. The French Delegation reserve the right to suggest consideration of a provision regarding nullity of the consequences of the Anschluss.
  121. French proposal. Opposed by the U.S., U.K. and Soviet Delegations.
  122. U.S. proposal supported by U.K. and French Delegations. Soviet Delegation considers this Article unnecessary.
  123. United Kingdom and United States proposal.
  124. Soviet proposal.
  125. United Kingdom, United States and French proposal.
  126. French Delegation reserves the right to propose certain minor additions.
  127. U.K. proposal supported by the French and U.S. Delegations. Soviet Delegation reserves its position with respect to the text of this Annex as a whole.
  128. U.K. and French proposal.
  129. U.S. proposal.
  130. U.K. and French proposal.
  131. U.S. proposal.
  132. U.K. and French proposal.
  133. U.S. proposal.
  134. The U.S. Delegation proposes this addition in case sub-paragraph 2(a) (iv) of the British draft is not included in Article 35.
  135. The U.S. Delegation does not agree to the inclusion of these words.
  136. U.K. proposal which has not been discussed by the Deputies.
  137. U.S., U.K. and Soviet proposal.
  138. Alternative French proposal for the words in brackets in paragraph 1(a.)