740.00119 Council/11–1049: Telegram
The United States Deputy for Austria at the Council of Foreign Ministers (Reber) to the Secretary of State
Delau 344. From Reber. It was agreed yesterday with Mallet and Berthelot that I should see Zarubin for purpose of ascertaining if possible whether he required further instructions from Moscow before settling article 35.
In our conversation this morning Zarubin explained Soviet experts in Vienna had rejected British suggestion for rectification of Gross Entzersdorf concession but that subsequent to yesterday’s meeting1 he had telegraphed to Moscow for further instructions. I pointed out Ministers had agreed to principle that list two might be modified and that this seemed only possible chance of embodying this agreed principle in text as it did not prejudice Soviet interests. I then said if Soviets could agree to this modification of list two I did not believe there would be any great difficulty in reaching agreement upon article 35 provided it was clear that Soviets would accept West text for other articles. Zarubin explained that the only remaining difficulty related to paragraph 9 of article 42.2 He did not see how it could be possible to get over this difficulty unless we would be willing to settle matter of compensation with Austrian Government outside treaty. I pointed out that not only had we gone a long way to meet Soviet view on article 35 but that we had been assured by Mr. Vishinsky that once this article was settled the other articles would present no difficulties. I was prepared to recommend, I said, that we accept Soviet draft of paragraph 7 (a) of article 35 and if necessary eliminate article 35 bis provided paragraph 9 article 42 were accepted. I told him we had studied possibility of settling this matter outside the treaty but that solution was not possible. I made it quite clear we intend to hold Soviets to their declaration that once Soviet Government had received satisfaction with respect to article 35 other clauses would be settled and that the only means of settling article 42 would be to include [Page 1190] paragraph 9. Zarubin promised to consult his Minister and Moscow if necessary.3
He then told me he would have to return to London in ten days or two weeks. I urged therefore that he obtain necessary authority to permit us to conclude work of deputies next week which he said he would try to do. As to work of drafting committee which he apparently wishes to supervise he suggested it meet in London when deputies had finished. I pointed out this would mean further delay and that it was my understanding that both British and French deputies would nominate representatives to sit on drafting committee in this country, probably Washington, and that I hoped he would be able to follow same procedure which would avoid considerable loss of time and enable us to conclude all necessary work prior to end of year. Zarubin did not know whether this would be possible but agreed to discuss this matter later.
Repeat to Vienna as USUN 30, London 77, Paris 50, Moscow 58.
- The Deputies for Austria had resumed their meetings November 9 (the 229th meeting) after a ten day interval taken to afford the Soviet Deputy time to study the United States proposal on Article 35 (Delau 336, supra). Zarubin indicated no change in the Soviet position at the meeting. Delau 343, November 9, from New York, not printed (740.00119 Council/11–949).↩
- For the texts of this paragraph and those referred to below, see the Unagreed Articles of the Draft Treaty for the Re-establishment of an Independent and Democratic Austria, September 6, p. 1131.↩
- On November 15 Reber asked Zarubin if he had received any reply from Moscow following this conversation. The Soviet Deputy was evasive, and indicated no change in the Russian position. Reber gained the impression that Zarubin was in no hurry to conclude the treaty. Delau 349, November 15, from New York, not printed (740.00119 Council/11–1549).↩