740.00119 Council/9–249

Unagreed Articles of the Draft Treaty for the Re-establishment of an Independent and Democratic Austria

secret

[The following text is the wording of the unagreed articles of the draft Austrian Treaty as it stood when the discussions of the Austrian Deputies were suspended after the 212th meeting, September 2, as indicated by the records of the United States Delegation. The square brackets [. . . . . .] indicate the unagreed portions of the individual articles. In Article 35 the five lists which enumerate the properties to be transferred to the Soviet Union have not been printed.1]

Article 16

displaced persons [and refugees] *

1.
Austria undertakes within the period determined by the Allied Commission for Austria to take all necessary measures to complete the [voluntary] repatriation of Displaced Persons [and refugees]* within its territory.
2.
Austria undertakes to render full assistance to the Allied and Associated Powers concerned in regard to the [voluntary] repatriation of their nationals and will 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 centers allotted to Displaced Persons now in Austria to visit freely such camps or centers for the purpose of conferring with its nationals;
(b)
to prohibit in such camps or centers 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”, “centers” and other similar organizations existing in those camps and assembly centers that may be found to be engaged in activities opposed to the interests of the Allied and Associated Powers; [Page 1132]
(d)
to prohibit the recruiting of Displaced Persons [and refugees] into military or paramilitary organizations;
(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] the same rights in all respects as those normally accorded to non-Austrians who have been legally admitted into Austria.
5.
[No relief shall be given by Austria to persons who refuse to return to their native countries, if these persons fought on the side of the enemies of the Allied and Associated Powers, or voluntarily collaborated with the enemies of these Powers, or are engaged in hostile activities against their countries of origin, as well as against any of the United Nations, or are members of organizations and groups which encourage Displaced Persons not to return to their countries of origin.]§
6.
This Article shall be applied without prejudice to the provisions of Article 11 of the present Treaty.

Article 26

disposal of war matériel of allied and german origin

1.
All war matériel of Allied origin in Austria shall be placed at the disposal of the Allied or Associated Power concerned according to the instructions given by that Power.

Austria shall renounce all rights to the above-mentioned war matériel.

2.
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 matériel of German or other non-Allied origin; in so far as they relate to modern war matériel, all German and Japanese drawings, including existing blueprints, prototypes, experimental models and plans;

all war matériel prohibited by Article 21 of the present Treaty; all specialized installations, including research and production equipment, prohibited by Article 21 [and 27] which are not convertible for authorized 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.

3.
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 [Page 1133]France with a list of the war matériel and installations enumerated in paragraph 1.
4.
Austria shall not manufacture any war matériel of German design.

Austria shall not acquire or possess, either publicly or privately, or by any other means, any war matériel of German manufacture, origin or design except that the Austrian Government may utilize, for the creation of the armed forces authorized by Article 17 of the present, Treaty, restricted quantities of war matériel of German manufacture, origin or design remaining in Austria after the Second World War.

5.
A definition and list of war matériel 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.]
3.
Austria shall not employ or train in military or civil aviation or in the experimentation, design, production or maintenance of war matériel:

persons who are, or were at any time previous to March 13, 1938, nationals of Germany;

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

[or persons who are not Austrian nationals.]**

[4.
Without prejudice to the provisions set forth in paragraph 3 of the present Article and in paragraph 1 of Article 18, Austria further shall not employ, except temporarily, in the fields enumerated above, persons who are not Austrian nationals. However, as regards civil aviation Austria shall not be subject to this restriction.]††

Article 32

war graves and memorials

[1.
Austria undertakes to respect, preserve and maintain the graves on Austrian territory of soldiers, prisoners of war, and nationals [Page 1134]forcibly brought to Austria, of the Allied Powers and other United Nations which were in a state of war with Germany, as well as the memorials and emblems of these graves and memorials dedicated to the military glory of the armies which fought against Hitlerite Germany on Austrian territory.
2.
The Government of Austria shall recognize any commission, delegation or other organization provided with full powers by the country concerned to identify, list, maintain or regulate the graves and edifices referred to in paragraph 1; it shall facilitate the work of such organizations, and shall conclude in respect of the above-mentioned graves and edifices such agreements as may prove necessary with the country concerned or with any commission or delegation empowered by it, or with any other organization. It likewise agrees to render, in conformity with reasonable sanitary precautions, every facility for the disinterment and despatch to their own country of the remains buried in the said graves, whether at the request of the official organizations of the State concerned or at the request of the relatives of the persons interred.]‡‡
[1.
Austria undertakes to respect, preserve and maintain the graves on Austrian territory of soldiers and prisoners of war of the United Nations, which were in a state of war with Germany, and of their nationals who were forcibly brought to Austria, as well as the memorials and emblems of these graves and the memorials in honor of the Armies which fought against Germany on Austrian territory.
2.
The Allied and Associated Powers undertake to respect, preserve and maintain the graves in their territories of Austrian soldiers and prisoners of war.
3.
The Allied and Associated Powers and Austria shall conclude such agreements as may be necessary in order to facilitate the task of any commission appointed by the Government concerned for the purpose of identifying, registering and caring for the said graves, emblems and memorials.
4.
The Allied and Associated Powers and Austria agree to afford, so far as the provisions of their laws and the requirements of public health allow, every facility for giving effect to requests that the remains buried in the said graves may be transferred to their own country.]§§
[Page 1135]

Article 35

German Assets in Austria

The Soviet Union, the United Kingdom, the United States of America and France have the right to dispose of all German assets in Austria in accordance with the Protocol of the Berlin Conference of August 2, 1945.

[1.
The Soviet Union shall receive for a period of validity of thirty years concessions to oil fields equivalent to 60% of the extraction of oil in Austria for 1947, as well as property rights to all buildings, constructions, equipment, and other property belonging to these oil fields in accordance with list No. 1 and map No. 1 annexed to the Treaty.
2.
The Soviet Union shall receive concessions to 60% of all exploration areas located in Eastern Austria that are German Assets to which the Soviet Union is entitled in conformity with the Potsdam Agreement and which are in its possession at the present time, in accordance with list No. 2 and map No. 2 annexed to the Treaty.

The Soviet Union shall have the right to carry out explorations on the exploration areas mentioned in the present article for 8 years and to subsequent extraction of oil for a period of 25 years beginning from the moment of the discovery of oil.

3.
The Soviet Union shall receive oil refineries having a total annual production capacity of 420,000 tons of crude oil, in accordance with list No. 3 annexed to the Treaty.
4.
The Soviet Union shall receive those undertakings concerned in the distribution of oil products which are at its disposal, in accordance with list No. 4 annexed to the Treaty.
5.
The Soviet Union shall receive the assets of the D.D.S.G., located in Hungary, Rumania and Bulgaria; and, likewise, in accordance with list No. 5 annexed to the Treaty, 100% of the assets of the Danube Shipping Company located in Eastern Austria.] ║║
6.
The Soviet Union shall transfer to Austria property, rights and interests held or claimed as German Assets and shall also transfer war industrial enterprises, together with existing equipment, houses and similar immovable property, including plots of land, located in Austria held or claimed as war booty [and also industrial and transportation equipment in Austria held or claimed as war booty], ¶¶ with the exception of the assets mentioned in paragraphs 1, 2, 3, 4 and 5 [Page 1136]of the present Article. Austria for its part undertakes to pay the Soviet Union 150,000,000 American dollars in freely convertible currency within a period of 6 years.

The said sum will be paid by Austria to the Soviet Union in equal three-monthly installments of 6,250,000 dollars in freely convertible currency. The first payment will be made on the first day of the second month following the month of the entry into force of the present Treaty. Subsequent three-monthly payments will be made on the first day of the appropriate month. The last three-monthly payment will be made on the last day of the six year period after the entry into force of the present Treaty.

The basis for payments provided for in this Article will be the U.S.A. dollar at its gold parity on September 1, 1949, that is, 35 dollars for 1 ounce of gold.

As security for the punctual payment of the above-mentioned sums due to the U.S.S.R. [the Austrian National Bank shall issue]* [the Austrian Government shall authorize the Austrian National Bank to issue] to the State Bank of the U.S.S.R. within two weeks of the entry into force of the present Treaty promissory notes to the aggregate sum of 150,000,000 U.S.A. dollars to become payable on the dates provided for in the present Article.

The promissory notes to be issued by Austria will be non-interest-bearing. The State Bank of the U.S.S.R. does not intend to discount these notes provided that the Austrian Government and the Austrian National Bank carry out their obligations punctually and exactly.

7.
All [former German] assets [in Austria]§ which have become the property of the Soviet Union [under paragraphs 1, 2, 3, 4, 5 and 9 of the present Article]§ shall, as the general rule, remain under Austrian jurisdiction and, in conformity with this, Austrian legislation shall apply to them.

Where duties and charges, commercial and industrial rights and the levying of taxation are concerned, these assets shall be subject to conditions not less favorable than those which apply or will apply to undertakings belonging to Austria and its nationals and also to other states and persons who are accorded most-favored-nation treatment.

All former German assets which have become the property of the U.S.S.R. shall not be subject to alienation without the consent of the U.S.S.R.

[Page 1137]

Austria will not raise any difficulties in regard to the export of [net] profits or other income [(i.e. net rents) ] [ (rents) ] [(i.e. rents)]** in the form of output or of any freely convertible currency received.

The rights, properties and interests transferred to the Soviet Union as well as the rights, properties and interests which the Soviet Union relinquishes to Austria shall be transferred without any charges or claims on the part of the Soviet Union or on the part of Austria. Under the words “charges and claims” is understood not only creditor claims arising out of the exercise of Allied control of these properties, rights and interests after May 8, 1945, but also all other claims including claims in respect of taxes. The reciprocal waiver by the Soviet Union and Austria of charges and claims applies to all such charges and claims as exist on the date when Austria formalizes the rights of the Soviet Union to the German assets transferred to it and on the date of the actual transfer to Austria of the assets relinquished by the Soviet Union.

8.
The transfer to Austria of all properties, rights and interests provided for in paragraph 6 of the present Article, and also the formalizing by Austria of the rights of the Soviet Union to the German assets to be transferred shall be effected within two months from the date of the entry into force of the present Treaty.
9.
[The Soviet Union shall likewise own the rights, property and interests in respect of all assets, wherever they may be situated in Eastern Austria, created by Soviet organizations or acquired by them by purchase after May 8, 1945 for the operation of the properties enumerated in Lists 1, 2, 3, 4 and 5 annexed to the present Treaty.]††
10.
Any disputes which may arise in connection with the application of the preceding paragraphs of the present Article shall be settled by means of bilateral negotiations between the interested parties.

In the event of failure to reach agreement by bilateral negotiations between the Governments of the Soviet Union and of Austria within three months, disputes shall be referred for settlement to an Arbitration Commission consisting of one representative of the Soviet Union and one representative of Austria with the addition of a third member, a citizen of a third country, selected by mutual agreement between the two Governments.

[Should the two Governments fail to agree within one month upon the appointment of the third member, the Secretary General of the [Page 1138]United Nations may be requested by either party to make the appointment.]††

11.
The United Kingdom, the United States of America and France hereby relinquish to Austria all property, rights and interests held or claimed by or on behalf of any of them in Austria as German assets or war booty.

Property, rights and interests relinquished to Austria under this paragraph shall pass free from any charges or claims on the part of the United Kingdom, the United States of America or France arising out of the exercise of their control of these properties, rights or interests after May 8, 1945.

[12.
The fulfillment of the provisions of this Article by Austria is accepted as full and final satisfaction of any claims of the Allied and Associated Powers to German assets in Austria, based on or derived from the Decisions of the Berlin Conference of August 2, 1945, and no claims shall be made or enforced against Austria by virtue of the said Decisions otherwise than in accordance with the provisions of this Article.]§§

Article 35 bis

rolling stock

[1.
The Austrian Federal Railways shall have the ownership of all railway equipment, including rolling stock and locomotives, situated in Austria on September 1, 1949 and which was part of the equipment of the Austrian Federal Railways on March 12, 1938, as well as all railway equipment included, by decisions of the Allied Commission for Austria, in locomotive, wagon and coach parks in Austria, or acquired by the Austrian Federal Railways through purchase, construction or exchange since May 8, 1945. The Austrian Federal Railways shall also have the ownership of all German-marked tank cars situated in Austria on September 1, 1949 and which are not subject to return under the provisions of Article 42 of the present Treaty or of the Austrian restitution laws.
2.
Paragraph 1 of this Article shall not apply to tank cars transferred to the Soviet union in accordance with Annex_____of the present Treaty or to rolling stock originating in the territory of any of the United Nations and subject to restitution under the provisions of Article 36 of the present Treaty.] ║║
[Page 1139]

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 all property in Austria of the United Nations and their nationals as as it now exists.
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 of seizures, sequestration or control taken against United Nations property between the day of commencement of hostilities between Germany and the United Nation concerned and the coming into force of the present Treaty. In cases where the property has not been returned within six months from the coming into force of the present Treaty, application shall be made to the Austrian authorities not later than twelve months from the coming into force of the Treaty, except in cases in which the claimant is able to show that he could not file his application within this period.
3.
The Austrian Government shall invalidate transfers involving property, rights and interests of any description belonging to United Nations nationals, where such transfers resulted from force exerted by Axis Governments or their agencies between the beginning of hostilities between Germany and the United Nation concerned and May 8, 1945.] ¶¶
[1.

(a) In so far as Austria has not already done so, Austria shall restore all legal rights and interests in Austria belonging directly or indirectly to the United Nations or to their nationals as these rights and interests existed on September 1, 1939; Austria shall return to such United Nations and their nationals all property belonging to them in Austria as it now exists.

(b) In so far as Austria has not already done so, Austria shall restore all legal rights and interests and return all property in Austria which belonged directly or indirectly to nationals of the United Nations, and in respect of which between March 13, 1938, and May 8, [Page 1140]1945, such nationals suffered prejudice as a result of the German occupation of Austria by means of:

(i)
transfers effected without the free consent of the owner and without full compensation; or
(ii)
transactions which deprived them of their rights in companies or other legal entities in Austria, and in particular through the transfer in whole or in part of their assets or the manipulation of the capital of such companies or legal entities.

Such rights and interests shall be restored as they existed at the time of such transfer or transaction, and such property shall be returned as it now exists.

(c) The Austrian Government shall invalidate such transfers and transactions, as well as all measures, including measures of seizure, sequestration or control, taken against United Nations property, rights and interests between March 13, 1938, and the entry into force of the present Treaty.

2.
In cases where property, rights and interests under paragraph 1 above have not been restored or returned within six months from the coming into force of the present Treaty, application shall be made to the Austrian authorities by the claimants not later than twelve months from that date, except in cases where such claimants are able to show that they could not file their applications within this period. The Austrian Government shall fulfill its obligations in regard to every such application not later than [six]* [twelve] months from the date of its receipt.
3.
The property, rights and interests referred to in paragraph 1 above will be restored or returned free from any encumbrances or charges of any kind to which they may have become subject as a result of the war with Germany or the German occupation of Austria and without the imposition of any charges by the Austrian Government in connection with their restoration or return.]
4.
(a) In cases in which the Austrian Government provides compensation for losses suffered by reason of injury or damage to property in Austria which occurred during the German occupation of Austria or during the war, United Nations nationals shall in no event receive less favorable 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 [Page 1141]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.

(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.
7.
The owner of the property concerned and the Austrian Government may agree upon arrangements in lieu of the provisions of this Article.
8.
As used in this Article:
(a)

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

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

[Only those United Nations nationals 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.]

(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 [Page 1142]property in its damaged state, the transferor shall retain his rights to compensation under this Article, without prejudice to obligations between the transferor and the purchaser under domestic law.
(c)
“Property” means all movable or immovable property, whether tangible or intangible, including industrial, literary and artistic property, as well as all rights or interests of any kind in property.
[9.
The provisions of this Article do not apply to transfers of property, rights or interests of United Nations or United Nations nationals in Austria made in accordance with laws and enactments which were in force as Austrian Law on June 28, 1946.]

[9. Austria shall not be obligated to restore any property, rights or interests of United Nations or their nationals which may have suffered loss as a result of the application of Paragraphs——of Article 35 of this Treaty, but shall pay prompt, adequate and effective compensation therefor.]**

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

Article 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 March 13, 1938. The Allied and Associated Powers recognize 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 regarding which after March 13, 1938, payment agreements were concluded between Germany and the creditor States].††
2.
The Allied and Associated Powers recognize that interest payments and similar charges on Austrian Government securities falling due after March 12, 1938, and before May 8, 1945, constitute a claim on Germany and not on Austria.
3.
The Allied and Associated Powers declare their intention not to avail themselves of the provisions of loan agreements made by the Government of Austria before March 13, 1938, in so far 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 September 1, 1939, by either the Government of Austria or persons who were nationals of Austria on March 12, 1938.

Article 48 bis

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

[The Governments of the Allied and Associated Powers waive all claims against the Government or nationals of Austria which they or any of them may have for the value of imported supplies delivered by them or any of them for civilian consumption in Austria between May 8, 1945, and the coming into force of the present Treaty, other than supplies which have given rise to an acknowledgment of debt by the Austrian Government in the amount of———or which have been delivered under commercial contracts, trade agreements or credit arrangements.]§§

[Page 1144]

Annex III

Prohibition of Certain Equipment and Products

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

I

(a) Continuous rolling mills of an effective width over 2 meters, other than those already existing.

(b) Cranes and gantries of a power greater than 100 tons in steel mills or steel foundries, other than those already existing.

(c) Armour plate over 3 inches thick (76 mm.), with a surface hardness greater than 500 Brinnell.

II

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

III

(a) Mathematical machines specially designed to be fitted into prohibited apparatus or equipment, or to be applied to their study or construction.

(b) Installations or apparatus devised for the study of nuclear physics, as applied to industrial uses or for war purposes. However, the use of cyclotrons or similar instruments in universities, for fundamental research work, is authorized.

(c) Installations or apparatus intended for aerodynamic research in the regions corresponding to a Mach number greater than or equal to 0.9.

(d) Experimental tanks and all other apparatus devised for the study and development of high speed craft (speed equal to or over 30 knots), submarines, underwater explosions and other development or apparatus and equipment adaptable to naval warfare.] ║║

Annex IV

Prohibition of Certain Research, Development and Manufacture

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

[Page 1145]

I

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

(b) Research and development of gyroscopes.

II

(a) Research, development and manufacture of radio-electric emitting apparatus of a frequency over 300,000 kilocycles, and the equipment connected with these.

(b) Research, development and improvement of manufacturing processes of quartz and piezo-electric cells, thermo-electric, radio-electric and photo-electric cells, the use of which shall be unrestrictedly authorized, but the stock shall be limited to the indispensable spares, and exportation prohibited.

(c) Research, development and manufacture of emitting or receiving apparatus for infra-red, ultra-violet, infra-sounds and ultra-sounds, the use of which shall be limited to medical and university requirements exclusively, and the stock shall be restricted to the indispensable spares for these requirements. Fundamental research and development on infra-red, ultra-violet, infra-sounds and ultra-sounds are authorized.

(d) Research and development on stratospheric cabins and manufacture connected with these.

(e) Research, development and manufacture of industrial machines: such as: centering machines and industrial measuring machines and machine tools, accurate to over one ten-thousandth in the measurement of force, one ten-thousandth of a second in the measurement of time, and one thousandth of a millimeter in the measurement of length.

III

(a) Manufacture and use of heavy water on an industrial scale, and research for this purpose.

(b) Manufacture for export purposes of the following primary metals and their alloys: magnesium, beryllium, vanadium.

(c) Manufacture of nitric and sulphuric acids by processes producing directly concentrations of higher than 95 percent and 98 percent respectively in excess of domestic non-military requirements.

(d) Research, development and manufacture in the field of fritted metals, with the exception of the Reutte works, which shall not be permitted either to increase or alter their installations and equipment.

(e) Research, development and manufacture of radio-active materials, the use and stocking of which shall be restricted to medical and university requirements.] ¶¶

[Page 1146]

Annex V

Limitation of Stocks of Certain Materials

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

  • Copper
  • Nickel
  • Chromium
  • Vanadium
  • Tungsten
  • Manganese
  • Molybdenum
  • Magnesium
  • Beryllium
  • Natural and artificial radio-active products
  • Rubber
  • Primary aluminum
  • Fritted metals
  • Sulphuric acid of more than 98 percent concentration
  • Nitric acid of more than 95 percent concentration]*
  1. All brackets in this document appear in the source text.
  2. Proposal by United States Delegation, acceptable to United Kingdom and French Delegations. [Footnote in the source text.]
  3. Proposal by United Kingdom and the United States Delegations, acceptable to the French Delegation. [Footnote in the source text.]
  4. Proposal by United States Delegation, acceptable to United Kingdom and French Delegations. [Footnote in the source text.]
  5. Proposal by United Kingdom and the United States Delegations, acceptable to the French Delegation. [Footnote in the source text.]
  6. Proposal by United States Delegation, acceptable to United Kingdom and French Delegations. [Footnote in the source text.]
  7. Proposal by United States Delegation, acceptable to United Kingdom and French Delegations. [Footnote in the source text.]
  8. Proposal by Soviet Delegation. [Footnote in the source text.]
  9. Proposal by Soviet Delegation; opposed by United States, United Kingdom and French Delegations. [Footnote in the source text.]
  10. Proposal by Soviet Delegation. The United States, United Kingdom and French Delegations oppose the inclusion of this paragraph and its annexes. [Footnote in the source text.]
  11. Proposal by Soviet Delegation, opposed by the French, United Kingdom and United States Delegations. [Footnote in the source text.]
  12. Proposal by French Delegation as alternative to Soviet addition to paragraph 3; opposed by United States, United Kingdom and Soviet Delegations. [Footnote in the source text.]
  13. Proposal by Soviet Delegation; opposed by United Kingdom, United States and French Delegations. [Footnote in the source text.]
  14. Proposal by United Kingdom Delegation which United States and French Delegations are prepared to accept; opposed by Soviet Delegation. [Footnote in the source text.]
  15. Proposal of Soviet Delegation agreed to in principle by United States, United Kingdom and French Delegations, but the definitive text is to be drafted after final agreement is reached on the lists of oil and Danube Shipping Company properties and rights to be transferred to the Soviet Union. [Footnote in the source text.]
  16. Proposal of United States Delegation, which may be withdrawn if agreement is reached on Article 35 bis. [Footnote in the source text.]
  17. Proposal of Soviet Delegation, supported by United Kingdom and French Delegations. [Footnote in the source text.]
  18. Alternative proposal of United States Delegation. [Footnote in the source text.]
  19. Proposal of Soviet Delegation. [Footnote in the source text.]
  20. Proposal of United States, French and United Kingdom Delegations. [Footnote in the source text.]
  21. Proposal of United States, French and United Kingdom Delegations. [Footnote in the source text.]
  22. Proposal of United States Delegation. [Footnote in the source text.]
  23. Proposal of United States Delegation. [Footnote in the source text.]
  24. Proposal of Soviet and French Delegations. [Footnote in the source text.]
  25. Proposal of United Kingdom Delegation. [Footnote in the source text.]
  26. Proposal of Soviet Delegation. [Footnote in the source text.]
  27. Proposal of United States, United Kingdom and French Delegations. [Footnote in the source text.]
  28. Proposal of United Kingdom, United States and French Delegations. [Footnote in the source text.]
  29. Proposal by United Kingdom and French Delegations; supported by United States Delegation; opposed by Soviet Delegation. [Footnote in the source text.]
  30. Proposal of Soviet Delegation; opposed by the French, United Kingdom and United States Delegations. [Footnote in the source text.]
  31. Proposal of French Delegation, acceptable to United Kingdom Delegation. [Footnote in the source text.]
  32. Proposal of United States Delegation, acceptable to United Kingdom Delegation. [Footnote in the source text.]
  33. Proposal of the French, United Kingdom and United States Delegations; opposed by the Soviet Delegation. [Footnote in the source text.]
  34. Addition by United States and United Kingdom Delegations, supported by French Delegation, which Soviet Delegation considers unnecessary. [Footnote in the source text.]
  35. Addition supported by Soviet Delegation: opposed by United States, United Kingdom and French Delegations. [Footnote in the source text.]
  36. Proposal of Soviet Delegation; opposed by French, United Kingdom and: United States Delegations. [Footnote in the source text.]
  37. Alternative proposal of United States Delegation, supported by United Kingdom and French Delegations; Soviet Delegation reserves its position until after agreement has been reached on Article 35, on inclusion of this proposal as a paragraph in addition to the Soviet proposal for paragraph 9. [Footnote in the source text.]
  38. Proposal by the Soviet Delegation opposed by the United Kingdom, United States and French Delegations. The Soviet Delegation reserves its position on this proposal pending agreement on Articles 35 and 48 bis.

    Note: French Delegation considers that paragraph 2 relates only to Austrian Government securities which excludes, for example, the obligations of the Danube–Save–Adriatic Railway. [Footnote in the source text.]

  39. Proposal by Soviet Delegation. [Footnote in the source text.]
  40. Proposal by French, United States and United Kingdom Delegations. [Footnote in the source text.]
  41. Proposal of Soviet Delegation; opposed by United States, United Kingdom and French Delegations. [Footnote in the source text.]
  42. Proposal of Soviet Delegation; opposed by United States, United Kingdom and French Delegations. [Footnote in the source text.]
  43. Proposal of Soviet Delegation; opposed by United States, United Kingdom and French Delegations. [Footnote in the source text.]