863.20/12–648: Telegram
The Minister in Austria (Erhardt) to the Secretary of State
1270. We are surprised French are taking line described Deptel 898, November 30,1 since General Béthouart informed General Keyes in September that he agreed in principle to plan for equipping three gendarmerie battalions in western zones. Our understanding has been that delay by three High Commissioners in approaching Austrian Government with plan was caused only by current non-availability of arms and equipment of desired type. British have stated none available in their stocks. USFA is awaiting reply to cable sent Joint Chiefs of Staff November 242 requesting availability in stocks of US European Command.
Our opinion is that as long as proposed organization and equipment are kept within reasonable concept of “gendarmerie”, plan will not violate any article of Allied Control agreement or any Allied Council decisions. Assuming their agreement, the Austrian Government which has the legitimate interest in the matter would implement plan. Actually Allied Council decision of December 10, 1945 on prohibition of military activities, if interpreted literally and applied to Austrian police agencies, would deprive both police and gendarmerie of weapons [Page 1377] they have now. However, no element has ever suggested such interpretation. On other hand, no Allied Council decision exists which limits strength or organization of Austrian police and gendarmerie.
US element does not contemplate that plan necessarily would require increase in strength of gendarmerie. It is thought discussion with Austrian Government may disclose they could organize and equip one battalion in each of three western zones with current strength.
Soviets have been following a practice of weakening Austrian police agencies in Soviet occupied territories and creating illegal forces such as Werkschutz and Black Brigade. Therefore, their capability of countering with formation of gendarmerie battalions in eastern zone would be highly inconsistent with current procedure.
French are, of course, correct that occupation forces can maintain order in western zones at present time. However, inference of paragraph (c) (i) Article II of the Allied Control Agreement is that US Austrian authorities have primary responsibility. It is true also, no date set for withdrawal occupation forces from Austria. However, it is felt there will not be an effective Austrian army at time of withdrawal unless some means found to create nucleus for army beforehand. We would therefore urge strongly that French be asked to reconsider their stand and to authorize French High Commissioner to join with US and British High Commissioners in approaching Austrian Government with proposal for Gendarmerie battalion in each of three western zones. It would be understood that Austrian Government would not be urged to accept any plan which would violate any article of control agreement or any Allied Council decisions. Discussions with Austrian Government would not be initiated until availability of equipment has been determined. It is felt that Soviet reaction would be of such concern to Austrian Government that they would be unwilling to accept plan if they agreed with French estimate of probable Soviet countermeasures.
It is our understanding that Western Powers are agreed that security of Austria demands there be an Austrian army in being at time of withdrawal of occupation forces. Since Soviets are likely to refuse to sanction necessary preparations until treaty goes into effect, only means of avoiding ultimate deadlock may be device we are suggesting of proceeding within framework of existing gendarmerie. Otherwise situation might well arise whereunder there would be full agreement on all articles of treaty but Western Powers would be obliged to bear onus of holding up signature or ratification because no effective internal Austrian security forces were in being. We therefore believe preparations of this kind should proceed simultaneously with treaty negotiations.
USFA concurs.
Sent Department, repeated Paris for Bohlen 176, London 216.