CFM Files: Lot M–88: Box 61: CFM/ATC Documents

Report by the Austrian Treaty Commission to the Council of Foreign Ministers

secret
CFM/ATC (47) 77
1.
The Council of Foreign Ministers in Moscow on 24 April 1947 decided: to establish a Commission of representatives from the U.S.S.R., the United States, the United Kingdom and France, to be charged with the examination of all questions of the Austrian Treaty45 which remained unagreed; in addition, it was decided that the Commission would include a Committee of Experts to give special consideration to Article 35 and the appropriate parts of Article 42 and to establish concrete facts. The aim of the Commission was to coordinate, if possible, the points of view of the Allied Governments which were represented on it.
2.
The Commission, which was in session from 12th May until 11th October 1947, held 85 Meetings, in the course of which it considered all the disagreed points in the Draft Treaty with Austria. In the course of its study of the question of German Assets, the Commission under took the examination of the different types of German Assets and a number of concrete cases relating to these types. The Committee of Experts, established by the decision of the Council of Foreign Ministers, [Page 632] was charged with the examination of the case of the Erste Donau Dampf Schiffahrts Gesellschaft (D.D.S.G.).46
3.
In the course of the study of the various questions adopted by it for discussion, the Commission examined the documents submitted by the four Delegations, a list of which is attached as Annex “A” of this report.
4.
The Commission received two notes, dated 30th September and 5th October 1947, from the Political Representation in Austria of the Federative Peoples’ Republic of Yugoslavia, requesting a hearing. A copy of each note, together with a copy of the reply are attached as Annex “B” of this report.47
5.
Results of the consideration by the Commission of disagreed questions concerning the Austrian Treaty appear in an order corresponding to the order of the Articles in the Draft Treaty.
Representative of the Government of the United States of America on the Austrian Treaty Commission Representative of the Government of the Union of Soviet Socialist Republics on the Austrian Treaty Commission Representative of the Government of France on the Austrian Treaty Commission Representative of the Government of the United Kingdom on the Austrian Treaty Commission
David Ginsburg N. P. Koktomov P. R. P. Cherrière M. F. Cullis

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

[Editorial Note: All footnotes and notes to this document appear in the source text.]

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 [Page 633] 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)

Article 5

Frontiers of Austria

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

Article 16

Displaced Persons [and Refugees](1)

  • 1. Austria undertakes within the period determined by the Allied Commission for Austria to take all necessary measures to complete the [voluntary](1) repatiation of Displaced Persons [and refugees](1) within its territory.
  • 2. Austria undertakes to render full assistance to the Allied and Associated Powers concerned in regard to the [voluntary](1) repatriation of their nationals and [may](1) [shall](2) enter into direct bilateral negotiations for this purpose.
  • 3. Austria further undertakes:
    (a)
    to permit accredited representatives of any Allied or Associated Power whose nationals are in camps or assembly centres allotted to Displaced Persons now in Austria to visit [freely](3) such camps or centres for the purpose of conferring with its nationals;
    (b)
    to prohibit in such camps or centres any propaganda hostile to the interests of the Allied and Associated Powers and any activities designed to induce such Displaced Persons not to return to the countries of which they are nationals;
    (c)
    to dissolve immediately any [“committees”, “centres” and other similar](2) organisations existing in those camps and centres that may be found to be engaged in activities opposed to the interests of the Allied and Associated Powers;
    (d)
    to prohibit the recruiting of Displaced Persons [and refugees](1) into military or para-military organisations [such as security detachments and guard units](2).
    (e)
    to provide the means of transportation necessary for the transfer of repatriates to the frontier of their countries of origin nearest Austria.
  • 4. Austria undertakes to grant to such Displaced Persons [and refugees](1) the same rights in all respects as those normally accorded to non-Austrians who have been legally admitted into Austria.
  • [5. Neither Austria nor any international organisation allowed to function on Austrian territory shall give any relief to persons who for hostile reasons refuse to accept help from the Government of their country and refuse to return to their native country.](2)
  • 6. This Article shall be applied without prejudice to the provisions of Article 11 of the present Treaty.
  • [7. No Displaced Persons or refugees who have expressed objections to returning to their countries of origin and who do not come within the provisions of Article 11 of the present Treaty, shall be compelled to return to their country of origin.](4)

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

Article 26

Disposal of War Materiel of Allied and German Origin

  • 1. All war materiel 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 materiel of German or other non Allied origin;

    in so far as they relate to modern war materiel, all German and Japanese drawings, including existing blueprints, prototypes, experimental models and plans; all war materiel 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 materiel and installations enumerated in paragraph 1.
  • 3. Austria shall renounce all rights to the above-mentioned war materiel.
  • [4. Austria shall not manufacture, acquire or possess, either publicly or privately, or by any other means, any war materiel of German or non-Austrian origin or design.
  • This does not forbid the use of such restricted quantities of war materiel of German or other non-Allied origin or design remaining in Austria after the Second World War as may be required for the [Page 636] creation of the Armed Forces authorised by Article 17 of the present Treaty.](2)
  • [Austria shall not manufacture any war materiel of German design.](3)
  • 5. A definition and list of war materiel for the purposes of the present Treaty are contained in Annex II.

Article 27

Prevention of German Rearmament

  • 1. Austria shall co-operate 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 13th March, 1938, nationals of Germany;

    or Austrian nationals precluded from serving in the Armed Forces under Article 18;

    [or persons who are not Austrian nationals.](2)

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 1st September, [Page 637] 1939, whether or not the Allied or Associated Power was at war with Germany at the time.](1)

Article 35

German Assets in Austria

(Proposal of Soviet Delegation)

1.
Austria recognises that the Soviet Union, the United States, the United Kingdom and France have the right to all German Assets in Austria transferred by the decision of the Berlin Conference on 2nd August, 1945, to the Soviet Union insofar as Eastern Austria is concerned, and to the United States, the United Kingdom, France and other countries insofar as Western Austria is concerned, and undertakes to adopt all necessary measures to facilitate the transfer of such assets.
If, on the date when the present Treaty comes into force all German Assets in Austria have not passed into the actual possession of the Allied or Associated power which has the right of ownership in such property, then the Allied or Associated power concerned shall notify the Austrian Government not later than six months after the coming into force of this Treaty, as to those German Assets in Austria, belonging to it but not yet taken, which it has decided to take into its possession. The Austrian Government undertakes to adopt all necessary measures to facilitate the transfer of these assets. In the absence of such notification the Allied or Associated power concerned will be regarded as having renounced its right of ownership in assets in respect of which notification has not been made, with the exception of German Assets in Austria the existence of which has been kept secret.
2.
All German Assets in Austria, as defined in Law No. 5 of the Control Council for Germany, pass into the ownership of the Four Powers:
(a)
those which were such as at 13th March, 1938;
(b)
those transferred to Germany, German nationals, and companies after 12th March, 1938, by way of purchase and sale either from Austrian owners or from firms or nationals of the States which were former Allies of Germany, and also from neutral States and from the United Nations and their nationals, except in cases where the transfer of such property was a result of the direct application of force;
(c)
all rights newly acquired by German firms and private persons after 12th March, 1938, to develop the natural resources of the [Page 638] country, and all enterprises which arose or were developed after that year by way of German investments.
State property transferred to Germany by the fusion of state institutions shall be returned to the Austrian State. Communal and other property, belonging to communities or to Austrian nationals, and transferred to Germany and to German nationals without any compensation by the fusion of credit, communal or other institutions or by Aryanisation shall be returned to the owners who possessed it before the Anschluss, or to their heirs. Voluntary transfer and increase of capital furnished by German investments will in this case form an exception.
If the compensation fixed by the Germans was used to pay special Jewish and emigration taxes, then the property shall be regarded as having been acquired by the Germans without any compensation.
3.
In those cases where German assets consist of leases, such rights shall be considered as having been transferred to the Allied or Associated Power concerned as of 8th May, 1945. In this connection the unexpired terms of such leases shall be reckoned from the effective date of transfer, according to Austrian law, of these rights to the Allied or Associated Power concerned.
4.
All former German assets transferred to the ownership of the states indicated in paragraph 1 shall not be subject to requisition, confiscation and in general any form of compulsory alienation without the consent of the owner state.
Enterprises constituting German Assets will function in accordance with Austrian legislation provided that Austria shall not obstruct the export of profits or other income in the form of production or foreign exchange.
Claims in respect of liabilities in connection with the above-mentioned German Assets incurred before the transfer of such assets to the ownership of Great Britain, France, U.S.A. and U.S.S.R. may not be presented to the new owners.
5.
Disputes which may arise in the application of the provisions of this article shall be decided on the basis of bilateral negotiations between the parties concerned.

N.B.: This translation represents in part a re-translation of those portions of the Soviet draft which also figured in the original Soviet Draft of 24th April, 1947; e.g. the phrase “direct forcible action” is now retranslated as “the direct application of force”.

Annex to Article 35

Distribution of German Assets in Austria

(Proposal by Soviet Delegation)

1.
German assets in Austria shall be divided as follows:
(a)
All German assets situated entirely in Eastern Austria are the property of the Soviet Union;
(b)
All German assets situated entirely in Western Austria are the property of the United States, the United Kingdom, France and other countries entitled to reparations from Germany;
(c)
In cases where a German asset consists of an interest in an undertaking located partly in Eastern Austria and partly in Western Austria, the physical property of such an undertaking in proportion to the amount of the German interest in the undertaking, shall belong to the Soviet Union if located in Eastern Austria and to the United States, the United Kingdom, France and other countries if located in Western Austria;
(d)
In cases 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, such creditor claim shall be divided in proportion to the values of the physical assets of the debtor which are located respectively in Eastern Austria and elsewhere in Austria.
2.
(a) Eastern Austria means the Zone of Austria and 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” dated 9th July, 1945, and Western Austria—the remainder of Austria, excluding the Innere Stadt of Vienna.
(b) A German asset located in the Innere Stadt of Vienna shall be regarded as though it were located 25% in Eastern Austria and 75% in Western Austria, with the proviso that if a corporation in which German capital participated is situated in the Innere Stadt of Vienna and has an interest in undertakings whose property is situated outside the boundaries of the Inner Stadt of Vienna, then such property shall belong proportionately to the Soviet Union if located in Eastern Austria, or to the United States, the United Kingdom, France and other countries if located in Western Austria.
(c) The location of a German asset which consists of an interest in an undertaking shall be regarded as the place or places where the physical property of the undertaking is situated.

Article 35

German Assets in Austria

(Proposal of the French Delegation)

1. (a)
Austria recognises that the Soviet Union, United Kingdom, United States of America and France, have the right to dispose of all German assets in Austria in accordance with the decisions of the Berlin Conference of 2nd August, 1945, and agrees to take all necessary measures to facilitate transfer of these assets.
1. (b)
The Powers having the right to dispose of German assets in Eastern and Western Austria respectively, shall notify to the Austrian Government within six months from the date of entry into force of the present Treaty, all assets which they consider as German in virtue of the provisions of this article. Such notifications shall be officially published by the Austrian Government in the month of their reception. In the absence of such a notification for a specific German [Page 640] Asset, the Powers concerned shall be considered as having renounced their rights to that asset unless they can prove that in consequence of a deception the notification could not be sent within the abovementioned period.
2.
For the purposes of the present Article the term “German Assets in Austria” denotes all assets in Austria which on 8th May, 1945, belonged to Germany or to German Nationals and which:
(a)
belonged to Germany or to German Nationals on 12th March, 1938;
(b)
or were properly acquired after 12th March, 1938, by Germany or by German Nationals, either by transfers of assets which previously belonged to non-German Nationals, or by new investments of German capital.
3.
(a) The following shall not be included by the term “German Assets in Austria” within the meaning of paragraph 2 of the present Article:
(i)
The assets of the Austrian State, of Austrian communal Authorities, of the Austrian National Bank, and Political, Trade Union or Welfare Organisations which were transferred to the German State or to German Nationals as a result of the annexation of Austria, as well as State or communal property established or acquired after 12th March, 1938, and utilised for the normal peace-time needs of Austrian public services.
(ii)
The assets the transfer of which was carried out in connection with measures employed by Germany against physical or juridical persons considered non-aryan.
(iii)
The assets the transfer of which was carried out without the free consent of the owner and full compensation and those acquired in such a manner to exclude the rights of non-German Nationals.
(iv)
The assets acquired by new German investments in undertakings, insofar as the property rights in these undertakings, had been previously acquired by Germany or by German Nationals as a result of the measures indicated in points (i), (ii) and (iii) above, as well as the assets acquired by a later transfer to German Nationals of such undertakings or their assets.
(v)
The assets subject to restitution, to restoration of property rights or to transfer in application of the provisions of Articles 36, 42 and 44 of the present Treaty.
(b) In cases where Germany or German Nationals in carrying out an acquisition within the meaning of sub-paragraphs (a) (ii) to (v) of this paragraph, actually paid compensation or actually invested new capital of German origin, the amount of compensation or new capital shall be considered as a credit constituting a German asset in Austria within the meaning of the present Article.
4.
(a) The Soviet Union will have at its disposal all German assets situated in Eastern Austria. The United States of America, the United Kingdom and France will have at their joint disposal all the German assets situated in Western Austria.
(b) For the implementation of this paragraph:
(i)
If an asset consists of shares or of other property rights in a company, association or other juridical person, it will be considered as being located in Eastern or Western Austria in proportion to the value of the material assets of this company, association or juridical person as they were located on 8th May, 1945. However, in the cases of banking institutions, the basis of division will be the total of deposits as they existed at the date of 8th May 1945 in the branches and subsidiaries situated respectively in Eastern and Western Austria; and in the case of insurance companies, the basis of division will be the amount of premiums corresponding to risks to persons and property residing or located respectively in Eastern or Western Austria on 8th May, 1945.
(ii)
If an asset consists of a creditor claim, it will be considered as being located at the domicile of the debtor as established on 8th May 1945, or, in the case of a company, as being located at the siège social of the debtor company.
(iii)
The term “Eastern Austria” applies to the Zone of Austria and to the sector of Vienna occupied by the Forces of the Soviet Union in accordance with the provisions of the Agreement on Zones of Occupation in Austria and Administration of the City of Vienna, dated 9th July 1945; and the term “Western Austria” applies to the Zones of Austria and to the parts of Vienna occupied by the Forces of the United States of America, of the United Kingdom and France in accordance with the provisions of the above-mentioned Agreement.
(iv)
If a German property or physical assets belonging to companies, associations or other juridical persons in which German property rights exist, are located in the international sector of Vienna (1st Bezirk) they shall be considered as located as to 25% in Eastern Austria and as to 75% in Western Austria.
5.
The Allied Powers having a right to German assets in Austria under the terms of this Article will receive these assets such as they existed on 8th May, 1945, with all rights and all the obligations that were attached to them as of that date. These assets will be subject to Austrian Law in all respects, with the following reservations:
(a)
Austria undertakes not to treat in a discriminatory manner, either in law or in deed, the assets transferred to the Allied Powers as German, particularly in so far as the regulation of foreign commerce and exchange is concerned.
(b)
Austria undertakes not to requisition nor to nationalise these assets and not to order forced alienation of them in any form whatsoever [Page 642] for a period of eighteen months after the effective date of this Treaty without the consent of the interested Allied Power, nor after this period of delay without full and complete compensation.
6.
(The French Delegation does not present a paragraph concerning the settlement of disputes, because it considers that Article 57 of the Treaty is applicable to such differences without special mention being necessary here).
7.
For the purpose of this Article the term “German Nationals” applies:
(a)
To physical persons who possessed German Nationality on 8th May, 1945, other than those who acquired that nationality through the incorporation of a territory into the National Socialist German Reich, and to those persons who were authorised by any one of the Allied or Associated Nations to reside freely in their territory during the period included between the entry into war of such Power against Germany and 8th May, 1945.
(b)
To companies, associations or other juridical persons the siège social of which was located, on 8th May, 1945, within the borders of Germany as they existed before the incorporation of any territory into the National Socialist German Reich in the degree that the property rights of these juridical persons actually belonged on 8th May, 1945, to German Nationals.

Article 35

German Assets in Austria

(Proposal by the United Kingdom Delegation)

1.
Austria recognises that the Soviet Union, the United Kingdom, the United States and France have the right to dispose of all German assets in Austria in accordance with the decision of 2nd August, 1945, of the Berlin Conference, and undertakes to take all necessary measures to facilitate their transfer.
2.
For the purpose of this Article the expression “German assets in Austria” means:
(a)
all property in Austria which on 8th May, 1945, belonged to Germany or to German nationals, and which
(i)
belonged to Germany or to German nationals on 12th March, 1938, or
(ii)
were acquired after 12th March, 1938, by Germany or by German nationals, either by purchase or by new investment.
(b)
the value of compensation effectively received, and of new German capital actually invested, in respect of cases falling within sub-paragraphs (c) to (g) inclusive of paragraph 3
(c)
[Special provision for exploration and exploitation of oil.]
3.
The following shall not be considered as German assets within the meaning of paragraph 2, namely:
(a)
property of the Austrian State and communal authorities, as well as of the Austrian National Bank, and of labour and charitable organisations, which were transferred to the German State or to German nationals as a result of the annexation of Austria by Germany;
(b)
property established and acquired in Austria after 12th March, 1938, by State and communal authorities and used for public purposes;
(c)
property of which the transfer was effected to Germany or to German nationals in connection with measures directed against individuals or juridical persons treated as non-Aryan;
(d)
property of which the transfer to Germany or to German nationals was effected by the application of force and in respect of which the owner did not effectively receive full compensation;
(e)
property acquired by Germany or by German nationals, whether by new investment or otherwise, through the exclusion from their rights of non-German nationals;
(f)
property acquired by new German investment in enterprises in which German ownership had previously been acquired as a result of measures indicated in subparagraphs (a) to (e) above inclusive, as well as those acquired by subsequent transfer to Germany or to German nationals of such enterprises or their assets;
(g)
property subject to restitution or restoration under the provisions of Articles 36, 42 and 44 of the Treaty.
4.
(a) The Soviet Union may dispose of German assets located in Eastern Austria. The United States of America, the United Kingdom and France may jointly dispose of German assets located in Western Austria.
(b) German assets consisting of shares or other ownership interests in banks or insurance corporations shall be regarded as located at the place where the siège sociale in Austria of the corporation is situated. Assets consisting of shares or other ownership interests in any other corporation shall be divided in the proportion of the value of the tangible property belonging to the corporation which lies respectively in Eastern and Western Austria at the date when the Treaty comes into force; when such property is situated in the Innere Stadt of Vienna it shall be regarded as lying 25% in Eastern Austria and 75% in Western Austria.
(c) German assets located in the Innere Stadt of Vienna (1st Bezirk) shall be treated as though located to the extent of 25% in Eastern Austria and to the extent of 75% in Western Austria.
5.
(a) German assets in Austria transferred by way of reparation, shall be subject to the limitations, rights and obligations attaching to such assets, and shall remain subject to all claims enforcible against them under Austrian law at the date of transfer. Such assets and the enjoyment thereof shall be subject in all respects to Austrian law.
(b) The Austrian Government will not treat in a discriminatory manner, as compared with Austrian and foreign owned property generally, under its regulations relating to foreign exchange, or foreign trade, or in any other manner, assets transferred as German assets to a reparation claimant.
(c) Austria undertakes not to requisition or to nationalise such assets during the period of eighteen months from the coming into force of the Treaty, nor after that period except on payment of full compensation.
6.
[Provision for settlement of disputes which may arise in giving effect to this Article, on the basis of a modified form of Article 50.]
7.
(a) German assets in the case of a German holder of shares or ownership interests in a corporation, association or other juridical person, means such shares or ownership interests, and not the property belonging to the corporation, association or other juridical person itself or any part thereof.
(b) German national means—
(i)
An individual having German nationality on 8th May, 1945, other than one who acquired such nationality as a result of the incorporation after 12th March, 1938, of any territory into the German Reich, but excluding any individuals who were permitted by any Allied or Associated Power to reside freely in its territory during the period when that Power was at war with Germany before 8th May, 1945, or who fall within paragraph 3 of Article 16 bis, of the Treaty.
(ii)
A corporation, association or other juridical person having its siège sociale within the boundaries of Germany as they existed on 12th March, 1938, to the extent to which the shares or other ownership interests in such corporation, association or other juridical person actually belonged on 8th May, 1945, to Germany or to German nationals.
(c) Property includes all movable and immovable property, whether tangible or intangible, as well as all rights and interests of any kind, and in general property of any nature whatsoever.
(d) Eastern Austria shall mean the Zones 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 9th July, 1945, and Western Austria the remainder of Austria other than the Innere Stadt of Vienna.
8.
The Austrian Government shall, within six months of the coming into force of the Treaty, be notified of all assets claimed under the provisions of this Article unless the reparation claimant is able to show that because of concealment of other circumstances beyond the claimant’s control, notification could not be made within that period. All notifications shall be officially published by the Austrian Government within one month of their receipt. No claim shall be made more than eighteen months after the coming into force of the Treaty.
[Page 645]

Article 35

German Assets in Austria

(Proposal by U.S. Delegation)*

1.
(a) Austria recognizes that the Soviet Union, the United Kingdom, the United States and France have the right to dispose of all German assets in Austria in accordance with the decisions of 2 August 1945 of the Berlin Conference, and undertakes to take all necessary measures to facilitate their transfer.
(b) The Austrian Government shall, within six months after the coming into force of the Treaty, be notified by the powers entitled to dispose of German assets in Eastern and Western Austria, respectively, of all assets regarded by them as German under the provisions of this Article. All notifications shall be officially published by the Austrian Government within one month of their receipt. In the absence of such notification with respect to any particular German asset the power or powers concerned will be regarded as having renounced any claims thereto.
(c) If any Allied power has removed property from Austria which belongs to Austria or to Austrian nationals, the Austrian Government, under this Article, may withhold from transfer to the power or powers concerned property of the same kind as, and of approximately equivalent value to, the property removed.
2.
For the purpose of this Article the term “German assets in Austria” means:
(a)
all property in Austria which on 8 May 1945 belonged to Germany or to German nationals, and which
(i)
belonged to Germany or to German nationals on 12 March 1938, or
(ii)
was acquired after 12 March 1938 by Germany or by German nationals either by purchase or by new investment;
(b)
the value of compensation effectively received, and of new German capital actually invested, in respect of cases falling within sub-paragraphs (b) and (c) of paragraph 3 of this Article;
(c)
in the case of exploration and exploitation rights to oil and natural gas, [Page 646]
(i)
Grubenmasse validly owned by Germany or German nationals on 31 July 1940;
(ii)
rights to have concession contracts newly issued by the Austrian State for areas covered by Freischürfe validly owned by Germany or German nationals on 31 July 1940; and
(iii)
the value of any wells drilled and any machinery and equipment installed by Germany or German nationals, after the annexation, in areas other than those covered by (i) and (ii) above;
(d)
in the case of creditor claims, the excess of German claims against Austria and Austrian nationals over Austrian claims against Germany and German nationals.
3.
The following shall not be regarded as German assets within the meaning of paragraph 2:
(a)
property belonging to the Austrian State, Austrian communal authorities, the Austrian National Bank, and Austrian political, labor and charitable organizations, which was transferred to the German State or to German nationals as a result of the annexation of Austria by Germany; and property established or acquired in Austria after 12 March 1938 by State or communal authorities and used for normal peacetime public purposes;
(b)
property acquired by Germany or German nationals
(i)
as a result of measures directed against individuals or juridical persons regarded as non-Aryan;
(ii)
without the free consent of the owner and without the effective receipt by the owner of fair compensation; or
(iii)
through the exclusion from their rights of non-German nationals;
(c)
property acquired by new German investment in undertakings, the ownership rights in which had been previously acquired by Germany or German nationals as a result of the measures indicated in sub-paragraphs (a) and (b) above, and property acquired by a later transfer to Germany or German nationals of such undertakings or their assets;
(d)
property subject to restitution, restoration or transfer under the provisions of Articles 36, 42 and 44 of the Treaty.
4.
(a) The Soviet Union has the right to dispose of German assets located in Eastern Austria. The United States of America, the United Kingdom and France jointly have the right to dispose of German assets located in Western Austria.
(b) German assets consisting of shares or other ownership interests in banks or insurance companies shall be regarded as located at the siège sociale of such companies in Austria.
(c) German assets consisting of shares or other ownership interests in any other corporation, association or juridical person shall be regarded as located in, and such shares or other ownership interests [Page 647] shall be divided between Eastern and Western Austria in the proportion of the value of the tangible property of such corporation, association or other juridical person located, respectively, in Eastern and Western Austria on the date the Treaty comes into force.
(d) German assets consisting of creditor claims shall be collected by the Austrian Government, and the excess of German claims against Austria and Austrian nationals over Austrian claims against Germany and German nationals shall be regarded as located 25% in Eastern Austria and 75% in Western Austria.
(e) Eastern Austria means 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 9th July, 1945, and Western Austria means the remainder of Austria other than the International Zone (Innere Stadt) of Vienna.
(f) German assets, and tangible property of a company in which there is a German interest, located in the International Zone of Vienna, shall be regarded as located 25% in Eastern Austria and 75% in Western Austria.
5.
The Allied Powers having the right to dispose of German assets in Austria shall receive them as they existed on 8 May 1945, with the rights and subject to the obligations and limitations attaching to and to all claims enforceable against such assets as of that date. Such assets shall be subject to Austrian law in all respects, except that:
(a)
Austria undertakes not to discriminate against such assets in its regulations regarding foreign trade or foreign exchange, or in any other manner; and
(b)
Austria undertakes not to requisition or to nationalize such assets for a period of 18 months from the coming into force of the Treaty without the consent of the interested Allied Power, nor after that period except on a non-discriminatory basis and the payment of prompt, adequate and effective compensation.
6.
(a) German assets in the case of shares or other ownership interests in a corporation, association or other juridical person held by Germany or German nationals on 8 May 1945 means such shares or other ownership interests, and not the tangible property, or any part thereof, belonging to such corporation, association or other juridical person.
(b) German nationals means:
(i)
Individuals having German nationality on 8 May 1945 other than those who acquired such nationality as a result of the incorporation after 12 March 1938 of any territory into the German Reich; and other than those who were permitted by any Allied or Associated Power to reside freely in its territory [Page 648] during the period when that Power was at war with Germany before 8 May 1945.
(ii)
Corporations, associations or other juridical persons having their siège sociale within the boundaries of Germany as they existed on 12 March 1938 to the extent to which the shares or other ownership interests of such corporations, associations or other juridical persons actually belonged to Germany or to German nationals.
(c) Property includes all movable and immovable property, whether tangible or intangible, as well as all rights and interests of any kind, and in general property of any nature whatsoever.

Note: The US Delegation considers that Article 57 is applicable to such disputes as may arise under Article 35, but is prepared to consider a modification of Article 50, or a special paragraph applicable only to Article 35.

Article 36

Restitution by Austria

1.
Austria accepts the principles of the United Nationals Declaration of 5th January, 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 and, in this connection, 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. 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 [Page 649] that 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. This bilateral procedure will apply particularly to the restitution of rolling stock, in regard to which the Allied and Associated Powers recognise that restitution should be arranged so as to effect a minimum dislocation of 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 Nation 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 Nation concerned objects of the same kind as, and of approximately equivalent value to, the objects removed, insofar as such objects are obtainable in Austria.](1)

Article 38

Austrian Properly 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 such property removed after 12th March, 1938, as may be declared subject to return by the Powers in Occupation of Germany],(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 8th May, 1945.
  • [2. 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.](2)
  • [3. Without prejudice to these and to any other disposition in favor of Austria and Austrian nationals by the Powers occupying Germany, Austria waives on its own behalf and on behalf of Austrian [Page 650] nationals all claims against Germany and German nationals outstanding on 8th May, 1945, except those arising out of contracts and other obligations entered into, and rights acquired, before 13th March, 1938. This waiver shall be deemed to include all claims in respect of transactions effected by Germany during the period of the 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, [except for such amounts as may be required to meet the claims of United Nations,](3) upon the coming into force of the present Treaty.](4)

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 1st September, 1939, or out of actions taken because of the existence of a state of war in Europe after that date whether or not such 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 1st September, 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.
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 [Page 651] 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 1st September, 1939, and 1st January, 1945, and which took action in co-operation with the Allied and Associated Powers.
4.
The Government of Austria 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. 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.
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 1st September, 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.

Note: The United States Delegation withdrew its original proposal for a sixth paragraph to the Article. The Article is therefore now agreed.

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 to all claims based on the transfer or liquidation of its property or the property of its nationals as well as to all economic and financial claims against Austria or Austrian nationals outstanding on 8th May 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. In so far 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 the day hostilities commenced between Germany and the United Nation concerned, and shall return [Page 652] all property in Austria of the United Nations and their nationals as it now exists.](1)

[1. In so far as this has not already been done, Austria will restore all legal rights and interests in Austria of the United Nations and of their nationals such as they existed on 1st September, 1939, as well as the legal rights and interests of the United Nations and of their nationals which existed on 13th March, 1938, and were subjected after that date to transfers liable to cancellation under paragraph 3 of the present Article. Austria will restitute to such United Nations and their nationals items of property belonging to them in Austria in their present condition.](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 [13th March, 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.

[Page 653]

[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 exerted by Axis Governments or their agencies between the beginning of hostilities between Germany and the United Nation concerned and 8th May, 1945.](7)

[3. (a) The Austrian Government will cancel transfers of property, rights and interests of all kinds belonging to the United Nations which were carried out between 13th March, 1938 and 8th May, 1945, when these transfers:

(i)
were carried out in relation to measures directed by Germany against physical or juridical persons designated as non-Aryan;
(ii)
were carried out without the free consent of the owners and without complete compensation.

(b) The Austrian Government will also cancel, in the degree in which they have caused prejudice to the United Nations or their nationals, transactions carried out between 13th March, 1938 and 8th May, 1945 in relation to property, rights and interests belonging on 13th March, 1938 to these United Nations or to their nationals when by such transactions the property, rights and interests have been acquired by any person whatsoever:

(i)
to the exclusion of the rights of nationals of the United Nations;
(ii)
by an investment in enterprises the property rights of which had previously been transferred and which must be cancelled in accordance with the terms of sub-paragraph (a) of this paragraph;
(iii)
through acquiring enterprises the property rights of which had been transferred previously and which must be cancelled in accordance with the terms of sub-paragraph (a) of this paragraph, or through acquiring the assets of these enterprises.](8)

[4. (a) In cases in which the Austrian Government provides compensation for losses suffered by reason of injury or damage to property [Page 654] 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.](9)

[4. (a) 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 has been, is, or may be, 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.

Nothing in the foregoing shall require Austria to make payments in foreign currencies in respect of loss, injury or damage to property.](10)

4. (b) 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 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 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 shall be refunded.

[Page 655]

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 organised 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 8th May, 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](11)

[Only those United Nations nations who possessed United Nations nationality prior to the date on which their property suffered damage in Austria shall, however, be entitled to compensation in accordance with paragraph 4 of this Article.](12)

(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 28th June, 1946.](13)

10. The Austrian Government recognises that the Brioni Agreement of 10th August, 1942, is null and void. It undertakes to participate with the other signatories of the Rome Agreement of 29th May, [March] 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.

[Page 656]

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 13th March, 1938, been the subject of [measures of sequestration, confiscation or control](1) [transfer under duress, acts 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.
Austria agrees to take under its control all property, legal rights and interests in Austria of persons, organisations 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 organisations and communities such organisations or communities have ceased substantially to exist. Austria shall transfer such property, rights and interests to appropriate agencies or organisations to be designated by the four Heads of Missions in Vienna 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 [Page 657] 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.

Note: Comparison of the texts revealed that the word “substantially” in paragraph 2 of the English text is not contained in the Soviet and French texts.

Article 45

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 Austrian Government for this purpose.
  • [2. Notwithstanding the foregoing provisions, the Federative Peoples’ Republic of Yugoslavia shall have the right to seize, retain or liquidate Austrian property, rights and interests within Yugoslav territory on the coming into force of the present Treaty 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 than 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.](1)

Article 48

Debts

  • 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 13th March, 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, [or in respect of these Austrian securities [Page 658] regarding which after 13th March, 1938, payment agreements were concluded between Germany and the creditor States.](1)
  • [2. The Allied and Associated Powers recognise that interest payments and similar charges on Austrian Government securities falling due after 12th March, 1938, and before 8th May, 1945, constitute a claim on Germany and not on Austria.](2)
  • [As regards payment of interest and similar charges on Austrian Government securities falling due between 13th March, 1938, and 8th May, 1945, the Allied and Associated Powers declare their intention to negotiate with Austria agreements to fix the conditions of payments, taking into consideration the financial position of Austria.](3)
  • 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 13th March, 1938, insofar as those provisions granted to the creditors a right of control over the government finances of Austria.
  • 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 1st September, 1939; by either the Government of Austria or persons who were nationals of Austria on 12th March, 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 [Page 659] Government by any of the Allied or Associated Powers between 8 May, 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 8 May, 1945, and the coming into force of the present Treaty, other than supplies delivered under commercial contracts, trade agreements or credit arrangements.](2)

Article 49 bis

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 and of France, may take action with a view to terminating contractual relations between Austrian nationals and Germany or German nationals existing on 8th May, 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)

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 centralization by any means and any form of preliminary appeal to opposition are prohibited.](1)

[Here follow the texts of Annexes II, III, IV, and V of the Draft Austrian Treaty. These are identical to the texts appearing in documents CFM (47) (M) 82, March 29, page 516.]

[Page 660]

Annex “A”

List of Documents Submitted and Studied by the Austrian Treaty Commission

[Page 661][Page 662][Page 663][Page 664]
No. By Date Title
CFM/ATC(47)1 FRANCE 12 May Terms of Reference to Committee of Experts
2 UK 14 May Terms of Reference to Committee of Experts
3 USSR 14 May Proposal by the Soviet Delegation
4 US 14 May Terms of Reference to Committee of Experts
5* US 17 May Terms of Reference to Committee of Experts
6 UK 15 May Terms of Reference to Committee of Experts
6* UK 28 May Terms of Reference to Committee of Experts
7 US 23 May Instructions to Committee of Experts
8 US 26 May Text of Article 42, UN Property in Austria
9 FRANCE 2 June Work of Commission and Establishing Terms of Reference for Committee of Experts
10 USSR 9 June Future Work of Commission and Committee of Experts
11 US 11 June Future Work of Commission and Committee of Experts—Amendments to Soviet Proposal CFM/ATC(47)10
12 UK 11 June Future Work of Commission and Committee of Experts
13 FRANCE 13 June Future Work of Commission and Committee of Experts
14 US 14 June Rotation and Order of Future Work of Commission—Amendment to Para 2, Soviet Proposal CFM/ATC(47)10
15* ALL 19 June Future Work of Commission and Committee of Experts
16 FRANCE 19 June Plan for Examining the Oil Question
17 FRANCE 19 June Questions Concerning Oil Industry Which Could be Examined by Commission
18 US 21 June Development and Transfer of Assets and Ownership of Oil Industry
19* ALL 7 July Program Adopted by Commission for Examination of Oil Industry
CFM/ATC(47) 20 UK 23 June Development of Oil Industry prior to Anschluss
21–I US 24 June Petroleum Legislation—General Mining Law 1854 and related laws and decisions
21–II US 25 June Petroleum Legislation—Bitumen Law of Aug. 31, 1938—Background Material
21–III US 26 June Petroleum Legislation—Bitumen Law of Aug. 31, 1938—Major aspects of Law and Concession Contracts
21–IV US 30 June Petroleum Legislation—Bitumen Law of Aug. 31, 1938—Application and Administration
21–V US 30 June Petroleum Legislation—Bitumen Law of Aug. 31, 1938—Typical Case: Rohoegewinnungs AG (RAG)
21–VI US 23 Sept Petroleum Legislation—Invalidity of Concessions Granted by Germany to German Companies
22 USSR 24 June Remarks in Reply to British and US Delegations on Development of Oil Industry Before Anschluss, Made at ATC Meetings 23 and 24 June 1947
23 UK 26 June Position of Oil Industry Before Anschluss
24 FRANCE 26 June Comments on “Bitumengesetz”
25 USSR 26 June Remarks in Reply to US Delegation on Question of Bitumen Law of 13 August 1938
26 UK 1 July Comments on Statement by M. Novikov on Bitumen Law, 26 June
27 USSR 30 June Reply to US and UK Delegations on Question of Development of Oil Industry Before Anschluss
28 FRANCE 2 July Remarks on Capital Conversions of Stock Companies (Item 3 of Agenda CFM/ATC(47)19)
29 USSR 2 July Remarks on Question of Bitumen Law and its Application
30 US 3 July Validity of Oil Concessions under Bitumen Law
CFM/ATC(47)31 UK 3 July Nature of Oil Contracts
32 UK 5 July Validity of Bitumen Law and Contracts Issued Thereunder
33 UK 5 July Reply to Soviet Delegation (CFM/ATC(47)29) on Bitumen Law and its Application
34 FRANCE 5 July Bitumen Law and Oil Contracts
35 UK 8 July Item 3 of the Agenda for Oil Industry (CFM/ATC(47)19 Revise)
36 US 8 July Comments of 27 June 1947 on Soviet Statement of 26 June 1947, CFM/ATC(47)25
37 US 14 July Steinberg Naphtha Case—Comments on 7 July 1947 on CFM/ATC(47)28, 2 July 1947.
38 US 15 July Item 4 (a) of the Oil Agenda (CFM/ATC(47) 19 Revise) “Have the transfers of share capital or assets for German benefit been carried out: (b) by force or direct forcible action?”
39 US 16 July Item 4 (a) of the Oil Agenda (CFM/ATC(47)19 Revise) “Have the transfers of share capital or assets for German benefit been carried out: (b) by duress?”
40 FRANCE 16 July Case of Nova Company in Connection with Point 4 (b) of Plan of Work for Petrol (CFM/ATC(47)19 Revise)
41 FRANCE 17 July Item 4 (b) of Agenda for Oil—Case of the “Nova” Oel und Brennstoffgesellschaft A. G.
42 US 21 July DDSG (including Part II)
43 UK 17 July DDSG
44 FRANCE 21 July DDSG
45 US 22 July Lobau Refinery Case—German Subsidiaries of UN interests: the problem of ultimate beneficial ownership.
46 US 22 July Oil Producing Equipment Taken as War Booty or Otherwise Removed
CFM/ATC(47)47 US 24 July Comments on Soviet Statement (CFM/ATC(47)29), Regarding Draft Oil Law of 1931. Based on Preliminary Remarks made July 2, 1947.
48 UK 26 July General Survey of Austrian Banks
49–A US 29 July Financial Institutions: Banks Introduction and Summary
49–B US 29 July Financial Institutions: Banks Creditanstalt–Bankverein
49–C US 29 July Financial Institutions: Banks Laenderbank
49–D US 29 July Financial Institutions: Banks Oesterreichische Industriekredit A.G.
49–E US 29 July Financial Institutions: Banks E.S.M. v. Rothschild
50 US 29 July Financial Institutions: Basic Problem of Insolvency
51 USSR 31 July Banks
52 FRANCE 31 July Financial Institutions—German Assets in the Field of Insurance
53 FRANCE 2 Aug Financial Institutions—Case of the Laenderbank
54 US 4 Aug Financial Institutions—Insurance
55 FRANCE 5 Aug Case of Austrian Banks, Meeting 5 August 1947
56 US 6 Aug German Assets in Austrian Industry
57 FRANCE 8 Aug Industrial Undertakings—Case of Felten and Guillaume Company
58 UK 9 Aug German Assets in Austrian Industrial Concerns (Including Supplements 1–10)
59 USSR 8 Aug Report of Commission and Committee of Experts on Question of D.D.S.G.
60 USSR 6 Aug Insurance Companies
61 FRANCE 11 Aug Comments on US Paper CFM/ATC(47)56 Concerning German Assets in Austrian Industry
62 US 12 Aug DDSG Report of the Committee of Experts
63 USSR 18 Aug Remarks on US Document CFM/ATC(47)56, French Document CFM/ATC(47)57 and UK Document CFM/ATC(47)58
CFM/ATC(47)64 US 12 Aug Answers to Questions Arising from Discussion on 11th August, 1947, of CFM/ATC(47)56
65 FRANCE 13 Aug Observations on US Document CFM/ATC(47)64 and Soviet Document CFM/ATC(47)63
66 FRANCE 20 Aug Question of State Property
67 UK 25 Aug Question of State Property
68 UK 27 Aug Creditor Claims
69 US 29 Aug Statement by David Ginsburg, Acting U.S. Representative
70 UK 29 Aug Statement Defining General Attitude of UK Delegation on Questions Dealt with in Article 35 of the Draft Austrian Treaty.
71 USSR 2 Sept Statement by Soviet Delegate
72 FRANCE 16 Sept Article 35—German Assets in Austria
73 FRANCE 17 Sept Distribution of German Assets in Austria
74 US 18 Sept Remarks on German Interest in Erste Oesterreichische Glanzstoff Fabrik A.G. (St. Poelten)
75 USSR 25 Sept German Assets in Austria (Article 35)
76 FRANCE 8 Oct Statement on Article 35
77 ALL 11 Oct Report to the Council of Foreign Ministers

Note: Various documents have been received by the Commission, in addition to those contained in Annex “B” including communications from the Polish Political Representative, Austrian Trade Unions, groups representing Carinthian Slovenes, and others.

  1. For the complete text of the Draft Treaty for the Reestablishment of an Independent and Democratic Austria as it emerged from the discussions at the Fourth Session of the Council of Foreign Ministers, March 10–April 24, 1947, at Moscow, see document CFM (47) (M) 82, March 29, 1947, and the emendations and annotations thereto, p. 516.
  2. The United States Delegation notes that the Committee of Experts met only four times. [Footnote in the source text.]
  3. The Yugoslav request for a hearing, not printed, was discussed by the Commission at its 78th, 79th, and 81st Meetings, October 2, 3, and 6. Only the Soviet Delegation fully supported the Yugoslav request. In its reply to the Yugoslav Political Representative, the Austrian Treaty Commission stated that it had been unable to reach agreement regarding the Yugoslav request which the Commission was referring to the Council of Foreign Ministers.
  4. Soviet Delegation considers this Article unnecessary.
  5. Proposal by United States Delegation. United Kingdom and French Delegations will accept this paragraph in order to obtain agreement.
  6. Proposal by French and United States Delegations.
  7. Proposal by United Kingdom, United States and French Delegations.
  8. The Soviet Delegation regards as well founded the proposals of the Yugoslav Government concerning the reuniting of Slovene Carinthia with Slovenia (which is part of Yugoslavia), and regarding the Slovene frontier districts of Styria as well as with regard to the conferring of a special status on the Burgenland Croats, ensuring their national rights, as proposed in the Yugoslav memorandum which was submitted to the Council of Deputy Foreign Ministers in London on 22nd January, 1947.
  9. Proposal by the French, United Kingdom and United States Delegations.
  10. Proposal by the French, United Kingdom and United States Delegations.
  11. Proposal by the French, United Kingdom and United States Delegations.
  12. Proposal by the French, United Kingdom and United States Delegations.
  13. Proposal by the French, United Kingdom and United States Delegations.
  14. Proposal by Soviet Delegation.
  15. Proposal by Soviet and French Delegations.
  16. Proposal by Soviet Delegation.
  17. Proposal by the French, United Kingdom and United States Delegations
  18. Proposal by Soviet Delegation.
  19. Proposal by the French, United Kingdom and United States Delegations
  20. Proposal by Soviet Delegation.
  21. Proposal by United States Delegation, acceptable to United Kingdom Delegation. The French Delegation is not opposed to the inclusion of this paragraph but wishes to point out that it would be superfluous if the word “voluntary” was included in paragraphs 1 and 2 of this Article. The Soviet Delegation objects to the inclusion of this paragraph.
  22. Proposal of Soviet Delegation opposed by United States, United Kingdom and French Delegations.

    Note: Comparison of the texts revealed that the words “of Austria” appear at the end of the Soviet text of paragraph 3.

  23. Proposal by French Delegation, with which the Soviet Delegation agrees. The United States and United Kingdom Delegations oppose this proposal.
  24. Proposal by Soviet Delegation, which is opposed by United States, United Kingdom and French Delegations.
  25. Proposal of United States Delegation, with which the French and United Kingdom Delegations agree.

    Note: Comparison of the texts has revealed that in the French and Soviet version the words “all war materiel prohibited by Article 21 of the present Treaty” figure in a separate clause not grammatically connected with the preceding clause and which may thus give rise to a difference of substance.

  26. Proposal by French Delegation, with which the Soviet Delegation agrees. The French Delegation, whilst adhering in principle to its position, is ready to reexamine certain points of detail in the Annexes III, IV and V when Article 27 is under discussion by the Council of Foreign Ministers in London. The United States and United Kingdom Delegations oppose the inclusion of this paragraph and its annexes.
  27. Proposal by Soviet Delegation, opposed by the French, United Kingdom and United States Delegations.
  28. Proposal by United Kingdom and United States Delegations, supported by French Delegation. The Soviet Delegation suggests consideration of the proposals of the Yugoslav Delegation, set out in documents CFM(D) (47) (A) 10, CFM (D) (47) (A)75, and CFM(47)M/143, relating to its reparation claims against Austria and proposed hearing the Yugoslav Delegation.
  29. This preliminary redraft of Article 35 restates more precisely the basic elements of a definition of German assets discussed by the Austrian Treaty Commission and considered important by the US Delegation. Since the redraft is in preliminary form further consideration of the data submitted to the Commission may suggest changes in the Article. Such changes, if made, will be circulated for consideration before or during the forthcoming session of the Council of Foreign Ministers in London. The US Delegation further reserves the right to propose alternative solutions to the problem of German assets in view of the persistent difficulties which have been encountered in finding a mutually satisfactory definition.
  30. Proposal by the Soviet Delegation opposed by the French, United States and United Kingdom Delegations.
  31. Proposal of the French Delegation, supported by United Kingdom and United States Delegations, opposed by Soviet Delegation.
  32. Proposal of the Soviet Delegation.
  33. Proposal of the United Kingdom and United States Delegations. The Soviet Delegation is opposed to the words between brackets. The French Delegation reserves its position on these words until Articles 35 and 48 bis. are agreed.
  34. The United States and United Kingdom Delegations will accept paragraph 3 above only on condition that a general agreement is reached on Article 41.
  35. Proposal of United States, United Kingdom and French Delegations. Soviet Delegation considers it premature to discuss this question.
  36. Proposal by the Soviet Delegation. Opposed by the French, United States and United Kingdom Delegations.
  37. Proposal of the French Delegation. The United States Delegation supports this proposal in principle but in view of the intimate relation of paragraphs 1 and 3 of Article 42 to Article 35, and the existing differences among the several Delegations, including differences between the French and United States Delegations, regarding the text of Article 35, the United States Delegation prefers to reserve its position on the exact language of these paragraphs pending further study of or agreement on Article 35. The United Kingdom Delegation agrees in principle with the United States Delegation but will reserve its final position on these paragraphs.
  38. Proposal of United Kingdom, French and United States Delegations.
  39. Proposal of Soviet Delegation.
  40. Proposal of United Kingdom, French and United States Delegations.
  41. Proposal of Soviet Delegation.
  42. Proposal of Soviet Delegation. Opposed by French, United Kingdom and United States Delegations.
  43. Proposal of the French Delegation. The United States Delegation supports this proposal in principle but in view of the intimate relation of paragraphs 1 and 3 of Article 42 to Article 35, and the existing differences among the several Delegations, including differences between the French and United States Delegations, regarding the text of Article 35, the United States Delegation prefers to reserve its position on the exact language of these paragraphs pending further study of or agreement on Article 35. The United Kingdom Delegation agrees in principle with the United States Delegation but will reserve its final position on these paragraphs.
  44. Proposal by United States and Soviet Delegations.
  45. Proposal by United Kingdom Delegation. Supported by French Delegation.
  46. Addition by United States and United Kingdom Delegations, which the Soviet and French Delegations consider unnecessary.
  47. Addition by the French Delegation, with which Soviet Delegation agrees in principle. Opposed by the United States Delegation.
  48. Proposal of Soviet Delegation. Opposed by the United States, United Kingdom and French Delegations.
  49. Proposal of United States, French and United Kingdom Delegations. The Soviet Delegation reserves its position until Articles 35 and 42 have been agreed.
  50. Proposal by the Soviet Delegation which the French and United Kingdom Delegations are prepared to accept.
  51. Proposal by United States Delegation which United Kingdom and French Delegations are prepared to accept.
  52. Proposal by French Delegation, supported by Soviet Delegation. United States and United Kingdom Delegations can accept this paragraph only if the United States, United Kingdom and French proposal for Article 34 is accepted by all Delegations. The Soviet Delegation considers paragraph 2 has no connection whatsoever with Article 34.
  53. Proposal by the Soviet Delegation opposed by the United Kingdom, United States and French Delegations.
  54. Proposal by United States, United Kingdom and Soviet Delegations.
  55. Alternative proposal by French Delegation, opposed by United States, United Kingdom and Soviet Delegations.
  56. Proposal by Soviet Delegation.
  57. Proposal by United States Delegation, supported by the United Kingdom and French Delegations.
  58. Proposal of the United Kingdom, United States and French Delegations. The Soviet Delegation reserves its position on this Article until a decision on Article 35 is reached.
  59. Proposal by French Delegation. Opposed by the United States, United Kingdom and Soviet Delegations. The French Delegation reserves the right to present a new text for this Article.
  60. Indicates revised document or document to which there has been a correction.
  61. Indicates revised document or document to which there has been a correction.
  62. Indicates revised document or document to which there has been a correction.
  63. Indicates revised document or document to which there has been a correction.