Foreign Relations of the United States, 1950, Central and Eastern Europe; The Soviet Union, Volume IV

663.001/3–150

The Austrian Legation to the Department of State ¹

Washington, [March 1, 1950.]

Memorandum

The Austrian Government is faced with the necessity of cushioning the considerable shock effects which will result among the Austrian people at the news of yet another adjournment in the treaty negotiations. To accomplish this, the Austrian Government suggests to the Governments of the Western powers that at least they may already at this time so far as possible ease the restrictions upon Austrian sovereignty resulting from the occupation. Such an attitude would doubtless contribute much toward making the continuation of the occupation more bearable for the Austrian people.

The Austrian Government believes that the following measures of relief would be indicated:

1. Assumption of occupation costs by Great Britain and France in the same way as is already being done by the United States.

2. A far-reaching and very considerable disadvantage of the occupation exists in their requisitioning of living quarters. A great many Austrians for more than five years now have not been able to occupy their own living quarters. The furnishings of these accommodations are gradually deteriorating or at best being depreciated in value. A radical alleviation of these disadvantages is urgently indicated. In the view of the Austrian Federal Government such alleviation may be accomplished by billeting the troops of the Western powers in barracks or other special buildings. By this means and by sending the families of the occupation personnel home to their own countries it would be possible to regain the use of a large number of private apartments, schools, hospitals and other public buildings and to return them to their former occupants. Alleviation of the hardships imposed by the occupation in the field of housing requisitioning would undoubtedly have a great morale-lifting effect.

3. Abolition of the competence of military courts for civilians, both as to their persons and as to the legal characteristics of the criminal acts.

4. The military authorities to abstain from arresting Austrian citizens (except when apprehended in the act).

5. Complete subordination of all foreigners, except members of the occupying authorities, to Austrian law.

6. The right of the Austrian authorities to arrest uniformed personnel of an occupying power and to hold such personnel until transferred to the authorities of that power, in cases of serious crimes or where this is indicated to prevent continuation of the punishable offense or to prevent escape: in such cases also to permit the Austrian authorities the use of armed force.

7. Complete stoppage of all removal of machinery and of dismantling of plants under the pretext of demilitarization.

8. To abstain from intervention of any kind in the execution of Austrian laws and decrees which have been properly enacted.

9. Limiting inquiries for the purpose of ascertaining information to the regular channels, that is, through the respective legations and the Austrian Federal Government.

10. Increased assistance in extending and arming the Austrian police and gendarmes.

11. Considering the improvement thus to be achieved in the security conditions: Decrease in the number of Western occupation forces, among these especially the technical staffs who are charged with the administration of the civilian sector, and whose activities—assuming the execution of the suggested measures—would in any case be largely superfluous.

12. In addition to the aforementioned restrictions which have been placed on Austrian sovereignty at home through the continuing occupation, in a number of countries Austrian property is still being held as enemy property. The Austrian Federal Government has left nothing undone in order to obtain release of such property. In quite a number of countries these steps have been successful, but some countries, with which Austria is otherwise on most friendly terms, have not yet decreed the release of such property, evidently under the influence of the continuing occupation of Austria. Insofar as this applies to the occupying powers themselves, the Austrian Federal Government would request them to effect at the earliest possible date such disposition as will lead to release of the Austrian property. The Austrian Government would also request the good offices of the occupying powers to induce the governments of India, Pakistan, the Netherlands, the United States of Indonesia and Luxembourg to make rulings leading to the release of sequestered Austrian property.

In addition it would be highly welcomed if relief could be afforded by the occupying powers in the following matters of lesser importance:

a. To abstain from any interference with matters pertaining to hunting and fishing in Austria.

b. Local occupation authorities to abstain from any interference with Austrian administration of justice.

c. The constitutional power of pardon fully to revert from the High Commissioners to the Austrian Federal President in cases of sentences imposed by military courts.

d. Greatest possible restriction in the use made of the postal facilities for occupation purposes.

e. Greatest possible restriction in the use made of the facilities of the telegraph construction service of the postal administration and, insofar as use is made thereof, payment to be made therefor.

f. Express relinquishment of any precensorship or any other influence upon the text books to be introduced in Austrian schools.

g. To abstain from confiscating any books, newspapers or other printed works.

h. To abstain from any interference in the activities of the Austrian department of highways, and transfer of all work pertaining to roads and bridges to the exclusive competence of the Austrian authorities.

i. Permission to the Austrian public buildings department to act consultatively regarding building inspection and upkeep and changes in buildings used as barracks and other military installations.

The Austrian Federal Government believes that it should leave it to the judgment of the Governments of the Western powers as to whether and to what extent they on their part could also approach the Government of the Soviet Union with regard to obtaining such relief.

The Austrian Federal Government would highly appreciate being informed at an early date of the attitude of the Government of the United States toward the above proposals.

Identical steps are simultaneously being initiated with the Governments of the Republic of France and of the United Kingdom.²

1. Handed to Williamson by Dr. Ludwig Kleinwaechter, Austrian Minister in the United States, on March 1. The source text was an enclosure to a note of transmission, dated March 1, not printed. (663.001/3–150) Copies had also been submitted to the Western High Commissioners on February 25 by Chancellor Figl. Telegram P–4631, February 27, from Vienna, not printed (663.001/2–2750).
2. In telegram 366, March 6, from Vienna, not printed, Legation Vienna reported that because of press leaks the Austrian Government was sending a similar proposal to the Soviet Government. (663.001/3–650) On March 7, the text of a new note was delivered to the Governments of the United States, United Kingdom, France, and the Soviet Union, incorporating most of the points in the text here printed and including some new ones. For the text of this new communication, see Margaret Carlyle, ed., Documents on International Affairs, 1949–1950 (London, Oxford University Press, 1953), pp. 508–510.