Foreign Relations of the United States, 1949, Council of Foreign Ministers; Germany and Austria, Volume III

740.00119 Council/8–1849: Telegram

The Secretary of State to the United States Deputy for Austria at the Council of Foreign Ministers (Reber)

secret
priority
niact

Washington, August 18, 1949—6 p.m.

2956. Audel 148. Personal for Reber Eyes Only. Fol instructions are transmitted to cover negots until termination about Sep 1.

1. Negots shld be brought to a close as near Sep 1 deadline as possible in effort to obtain maximum agreement and, in terms of recommendations below, to narrow issues which unavoidably are reserved for later decision.

2. Final agreement can not and shld not be obtained at Deputies’ level for any point in which Sov demands exceed Paris agreement and adversely affect either Aust status as independent state or status or interest of other signatory powers in Aust. Final agreement on these issues if they are still pending would then be sought through diplomatic channels as urgently as possible in order that undue delay may not occur in obtaining completion Aust Treaty. We wld for example instruct Kirk to discuss with Vishinsky ways and means of resolving outstanding issues and wld hope UK and French wld proceed in similar fashion. Such an approach of course wld require tripartite advance agreement. You are requested to obtain your Brit and Fr colleagues tentative views as to that form of procedure.

It shld be added that these efforts through channels would be complemented if necessary by an examination on the spot in Eastern Austria by a committee of experts of the factual issues involved in the oil question.

3. Prior to termination of negots tripartite efforts shld be made to reach agreement on fol points:

a) Art 7 bis—agreement shld be sought on basis Delau 224 and Audel 129.¹

(b) Art 16—if all efforts to eliminate this Art from Treaty are not successful agreement shld be sought along lines Audel 126.² If possible this Art shld not be reserved for later decision. If agreement can not be reached you shld endeavor obtain Sov admission that agreement can not be reached in spite of previous Sov commitments on this question. In that way ensuing discussions may be centered on elimination of Art as a whole rather than on drafting points in present text or Sov version.

(c) Art 41—Although effective instrument for waiver of claims will of course be in Ger Treaty, you shld attempt to secure inclusion Art 41. If not possible, agreed record that Ger has no claims on Aust for assets transferred as result of Potsdam or present Treaty wld be of some value, though of course much less than Art 41. If agreed record is not obtained, Art may be eliminated from Treaty with tripartite agreement that adequate provision will be included in Ger settlement.

(d) Art 48—USDel cld agree to inclusion of additional clause Para 1 (Audel 121³). Wld Brit and Fr care to reserve this issue for later decision?

(e) Art 48 bis—settlement shld be obtained on basis of Audel 132⁴ or Art eliminated on basis Audel 137.⁵

(f) War Graves, you shld continue oppose inclusion provisions as proposed until instructions received on Brit draft Delau 238.⁵

If agreement not possible on foregoing recommendations you shld endeavor obtain in each instance statement fm SovDel they wish to reserve any one of foregoing issues with specific reasons therefor.

4. While we concur Delau 219 Aug 8⁵ that final effort shld be made as matter of normal procedure to break deadlock on Art 35 we doubt if such effort wld be successful without further concessions on our part and such concessions are not desirable. Sov tactic of withholding agreement on minor issues to effect a later trade on major issues to obtain final settlement shld not be permitted by WesDels, and SovDel shld be forced in each instance to make specific reservation.

5. Fol questions may be reserved specifically by USDel for later decision unless satisfactory agreement can be reached without compromise basic US position on any one or all points listed below:

(a) Arts 26 and 27—We consider question of foreign technicians and especially restrictive annexes shld not be compromised in view of crippling effect such provisions wld have on Aust sovereignty and economic well-being.

(b) Art 35—Agreement on Art as a whole shld be reserved and if possible issues resolved into fol major principles:

(i) Aust shall retain sufficient rolling stock to cover peace time needs.

(ii) Property to which Sovs not entitled shall not be removed from Aust under any unilateral definition of war booty.

(iii) Property rights or interests in excess of agreement in principle at Paris shall not be transferred to Sovs (for example, final and equitable division of oil properties, rights and facilities, and DDSG leases).

(iv) All enterprises and rights retained by Sovs in Aust shall be operated explicitly under terms of Aust law except where definite exemptions from Aust law have been agreed and specifically stated. (For example, agreement on “net” with respect to export of profits and other income.)

(v) Area for subsequent bilateral Sov-Aust negots with consequent opportunity for Sov pressures operating solely on. Aust shld be reduced to minimum. (For example, machinery for settlement of disputes.)

(c) Adequate provision must be included for protection UN property and interests involved in Ger assets settlement either in Art 35 or Art 42. We consider that this issue is basically important regardless of views of Aust Govt.

You are requested to discuss foregoing with Brit and Fr and with their concurrence seek to terminate current discussions of Deputies around Sept 1 on basis of this agreed plan.

Acheson

1. Neither printed; Delau 224 reported the agreed Western text of Article 7 bis, concurred in by the Department in Audel 129, as follows:

   • “1. Austrian nationals of the Slovene and Croat minorities in Carinthia, Bur-genland and Styria shall enjoy rights on equal terms with all other Austrian Nationals including the right to their own organizations, meetings and press in their own language.
   • 2. In towns and districts in which a considerable proportion of such nationals are resident, these nationals are entitled to elementary tuition in the Slovene or Croat languages and proportional to their number, to tuition in their own language in secondary schools; in this connection, school curricula shall be revised as necessary, and special inspectors for instruction in the Slovene and Croat languages shall be appointed.
   • 3. In administrative and judicial districts of Carinthia, Burgenland and Styria where there is a considerable proportion of Austrian nationals belonging to the Slovene or Croat linguistic minorities the Slovene or Croat language shall be accepted as an official language, in addition to German. In such districts topographical terminology and inscriptions shall be in the Slovene or Croat language as well as in German.
   • 4. Austrian nationals of the Slovene or Croat minorities in Carinthia, Burgenland and Styria shall participate in the cultural, administrative and judicial systems in these territories on equal terms with other Austrian nationals.
   • 5. Austria undertakes to prohibit all activities aimed at prejudicing the rights, as defined in the preceeding paragraphs, of her nationals of the Slovene or Croat minorities.” (740.00119 Council/8–1049)
2. Not printed; it instructed the U.S. Deputy to press for the principle of voluntary repatriation of refugees and displaced persons. (740.00119 Council/8–1049)
3. Not printed; for the text of this unagreed clause, see the extract from the Draft Treaty for the Re-establishment of an Independent and Democratic Austria, September 6, p. 1131.
4. Not printed; it accepted the draft text of this article provided appropriate additions were made to indicate the Western powers’ waiver of claims and the exact amounts due to the Soviets. (740.00119 Council/8–1249)
5. Not printed.
5. Not printed.
5. Not printed.