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

Vienna Post Files: Lot 55 F 125: 320–US Policy

Directive for the United States High Commissioner for Austria¹

top secret

[Washington,] October 16, 1950.

1. The primary aim of the U.S. Mission in Austria is two-fold, (1) the protection of U.S. interests in Austria and (2) the re-establishment of a free, independent and democratic Austria, capable of defending itself against internal disorders and, in so far as possible, economically viable.

2. The United States regards Austria as a liberated country, illegally annexed by the German Reich, and therefore not responsible for the acts of the Nazi regime during the period of the Anschluss, though the Austrian Government will be expected to rectify certain injustices committed during this period. The Austrian Government is democratic and friendly. The United States has constantly endeavored since the close of hostilities to obtain a State Treaty for Austria and thus to assure the withdrawal of all occupation forces from the country and the restoration of its complete sovereignty. The fact that such a treaty has not been obtained and therefore Austria is still an occupied country, subject to certain controls incompatible with complete sovereignty, is in no way the fault of the Austrian people or their government, but is due to Soviet intransigence and unwillingness to withdraw from Austria. Under these circumstances, the Foreign Ministers of the three Western occupation powers have decided to reduce the burden of occupation on Austria as far as is possible without Soviet cooperation, while continuing to press for the conclusion of a State Treaty or other Four-Power agreement as the only permanent solution of the Austrian problem. (See NSC 38/6² and agreements of the three Western Foreign Ministers in May 1950.³)

3. The extent of your powers with respect to the control of Austria and as a member of the Allied Commission is defined in the Control Agreement of June 28, 1946.⁴ Under Article 1(a) of that agreement, the Allied Commission has competence to define its own jurisdiction. Your authority as High Commissioner, acting with the High Commissioners of the other three occupying powers, is therefore theoretically supreme in Austria, but it is the policy of the United States to encourage the maximum exercise of authority by the Austrian Government consistent with (a) the security of U.S. forces and (b) quadripartite agreements. As long as Soviet troops remain in Austria, it is essential that the Western Powers retain their troops there, and this occupation necessarily involves the retention of certain privileges and immunities for the protection and security of our forces. It is further necessary to preserve the forms of quadripartite control as agreed among the occupying powers, in order to avoid encouraging unilateral action in the various zones and possibly giving an excuse for the partition of the country. Subject to these considerations, the U.S. intends to interfere as little as possible in Austrian affairs, to relinquish all controls over the Austrian Government which it is practical to relinquish unilaterally, and to press in the Allied Commission for the relinquishment of quadripartite controls.

4. In furthering the above objectives it is necessary for the U.S. High Commissioner to act in close cooperation with the High Commissioners of Great Britain and France. It is particularly important that the Western High Commissioners do all in their power to prevent interference by the Soviet element with Austrian affairs, on either a unilateral or a quadripartite basis. In matters not expressly reserved to the control of the occupying powers by the Control Agreement for Austria or Allied Council Decisions, the U.S. considers that, in general, the Austrian Government is free to act as it sees fit, in the absence of unanimous Allied Council instructions, and that in such matters it is desirable to overrule the actions of the Austrian Government only in cases of the most urgent necessity.

5. The U.S. is opposed to all measures tending to divide Austria along zonal lines and, subject only to military security, treats Austria as a unit, without regard to the zones of occupation of the four powers. The products of Austrian industry and agriculture should be used for the benefit of the Austrian people as a whole, without restrictions on shipment of goods within Austria except to the extent necessary to further U.S. policies with respect to East-West trade. It is desirable to abolish or decrease the restrictions imposed on freedom of travel within Austria. Except for the necessary immunities of official representatives of the four occupation powers and their dependents, there is no necessity for any restriction on Austria’s control over movement of persons and goods across its international boundaries. The U.S. also supports measures tending to abolish or decrease Allied controls over Austrian communications and transportation, including controls over civil aviation. (Ref. ACC 11/25c, June 6, 1950.⁵)

6. This Government favors the admission of Austria as a member to the United Nations, to agencies thereof and to other international organizations which will assist Austria in entering into friendly and normal relations with other countries, on an equal footing. It also desires to assist the Austrian Government in extending its trade with other countries, including Germany, subject only to the necessity of enforcing agreed restrictions on trade with Eastern Europe and of assuring that Austria does not become economically dependent on any country or group of countries to an extent which would jeopardize its political independence. It opposes all efforts by other states, specifically by the Soviet Union, to divert Austrian products for their own use or to obtain a special status for properties, rights or interests of non-Austrians which might threaten Austria’s independence.

7. Pending final disposition, it is U.S. policy to permit Austrian control of German assets in our zone under a trusteeship arrangement.

The U.S. has encouraged the Austrian Government to make good the injustices committed by the Nazi regime, in so far as this is possible with the limited resources at Austria’s disposal, as well as the elimination from Austrian public life of the influence of former Nazis and other undemocratic elements. It is important to support all Austrian efforts to assure the respect for democracy and human rights. The primary responsibility in this matter rests with the Austrian Government, and it is our policy, therefore, to intervene directly only when quadripartite commitments or other urgent considerations require.

8. In cooperation with the French and British Governments, we have supported and encouraged the Austrian Government in forming and maintaining security forces adequate for the maintenance of internal security, and in planning for the formation of an Austrian army within the limitations imposed by the draft Treaty, to be recruited as soon as the restrictions presently imposed by international agreement are removed (NSC 38/4⁶). A separate instruction will be sent to you on this subject, which emphasizes the fact that the establishment of adequate Austrian security forces prior to the withdrawal of the occupation forces is a basic U.S. requirement. The Commanding General, U.S. Forces in Austria, will provide the required assistance in making detailed plans, in coordination with British, French, and Austrian authorities, for such forces. Satisfactory completion of plans will require aggressive U.S. leadership and continuing coordination with British and French representatives in Austria and constant pressure on the Austrian Government to assure its cooperation. The successful implementation by the Commanding General, USFA, of U.S. responsibilities with respect to the completed plans will require your continued cooperation. Wherever possible, it is preferable to leave the maintenance of internal security to the Austrian authorities, but this Government will not hesitate to protect these authorities should they be threatened by internal disorder or uprising of a subversive nature, in either the U.S. zone of Austria or the U.S. or International Sectors of Vienna. In the event of such an emergency the U.S. High Commissioner will consult and work closely with the U.S. Commander of troops and with the French and British High Commissioners.

9. It is essential (as provided in NSC 63/1⁷) to oppose any effort to restrict the U.S. air, rail and road communications presently available between Vienna and the U.S. zone of occupation, to uphold our right to such communications under international agreements (see EAC agreement of July 9, 1945; protocol of the meeting of the Chiefs of Staff at Vienna, July 24 and 25, 1945; and AC decision of June 28, 1946, on air traffic over the occupied zones of Austria⁸), and otherwise to maintain and defend all U.S. rights, powers, and privileges in Austria under existing international agreements.

10. This Government recognizes the freedom of the Austrian courts to exercise ordinary civil and criminal jurisdiction over all persons in Austria except Allied nationals whose presence in Austria is related to the support of the occupation forces (hereinafter called “members of the occupation forces”) of the four powers, unless jurisdiction is taken by Allied agencies. In the U.S. zone the High Commissioner may, at his discretion, exercise such jurisdiction. It is not believed advisable to permit U.S. agencies to arrest or try persons other than U.S. nationals who are members of the U.S. occupation forces except in cases of extreme urgency which directly threaten the security of U.S. forces or which seriously endanger public safety, and where the Austrian authorities are not in a position to act effectively. The High Commissioner will exercise criminal jurisdiction over members of the U.S. occupation forces other than military personnel. The High Commissioner may, at his discretion, permit the Austrian courts to take jurisdiction in civil cases involving U.S. nationals, other than military personnel, who are members of the occupation forces, or may take such jurisdiction himself. In exercising civil and criminal jurisdiction the High Commissioner will apply Austrian law.

11. It is U.S. policy to assist the Austrian Government in its efforts directed towards the reconstruction and development of the Austrian economy, and to further Austrian trade, industry, agriculture, tourism, and finance in order that Austria may become self-sustaining in as short a time as possible (see ECA agreement with Austria⁹). The U.S. is opposed to restrictive business practices in Austria. It encourages the participation of Austria in international trade, on a free and multilateral basis, as well as in such international organizations as the International Monetary Fund, International Bank, International Labor Organization and European Payments Union.

12. This Government has endeavored to promote the resumption and expansion by Austria of normal international cultural relations; to assist the establishment of democratic education and information media; to explain and interpret U.S. policy in such a way as to inspire respect and friendship for the United States in Austria; and to use the U.S. information media in Austria to oppose all forms of totalitarianism, to counteract hostile propaganda, and to further democracy. The U.S. encourages the free flow of cultural interchange and the mutual exchange of persons between Austria and the United States, as well as with other democratic countries.

13. It is necessary to retain overall supervision concerning refugees and displaced persons under the mandate of the IRO and other categories such as ex-enemy aliens and Volksdeutsche which will become the concern of the United Nations High Commissioner for Refugees. Every effort should be made to effect in the shortest time possible the maximum voluntary repatriation or resettlement in other countries of such refugees and displaced persons, and to secure to the extent feasible the re-establishment in Austria either as citizens, holders of permanent residence permits or in an alien status conforming to acceptable international standards of those who cannot be repatriated or resettled. In the pursuit of these efforts the Austrian Government should be constantly reminded that it shares responsibility with the occupying authorities and the United Nations for the early satisfactory disposition of refugees and displaced persons found on its territory as a result of the war or subsequently admitted. Necessary action should be taken with the Austrian Government to insure the continuing admission to Austria of bona fide refugees and provision by Austria of basic care and maintenance for refugees and displaced persons pending their disposition. It is U.S. policy to support in every feasible way the efforts of the IRO, the U.S. Displaced Persons Commission, the Office of the United Nations High Commissioner for Refugees, and other accredited agencies working toward the foregoing objectives. In so far as is consistent with security interests, USCOA should permit the entry to the United States Zone of accredited repatriation missions of the countries of origin of displaced persons and should allow such missions access to refugees or displaced persons who are nationals of their respective countries, arranging facilities for them at no cost to the United States, and supervising their activities while in the United States Zone. The United States is strongly opposed to all efforts to enforce the involuntary repatriation of refugees or displaced persons. Prior to the effective date of an Austrian Treaty containing the Soviet paragraph 5 of Article 16, you should, in accordance with established United States policy, secure the removal from Austria to other countries including Germany of all persons who would be endangered under that paragraph. The U.S. opposes the extradition of war criminals from Austria except after investigation of each individual has established that a prima facie case exists against the person in question.

14. Your relationship with the Commanding General, U:S. Forces in Austria, is outlined in Executive Order No. 10171.¹⁰ You will be the supreme U.S. Authority in Austria, and will be responsible for the total governmental program in Austria, except for military matters. Your relationships with other U.S. Governmental agencies will be as set forth in the agreement between the Department of State and ECA, of October, 1950. You will be responsible for coordination of intelligence activities of the U.S. agencies in Austria and for such liaison with the Commanding General of U.S. military forces as may be desirable in matters of common concern. In accordance with agreements between the Department of State and the Department of Defense, you will be furnished by the Military Commander certain administrative and logistic support for your operations and activities. Whenever in your opinion any facility or service being furnished by the Military Commander can conveniently be procured directly from the Austrian economy, under the terms of the Pay-as-You-go Agreement of June 21, 1947 and without detriment to the Austrian economy, you should, by mutual agreement, release the Military Commander from providing such facility or service. It has been agreed that you will provide the Military Commander funds in Schillings as required by him for the same general purposes as are now being provided in the occupation and non-occupation budgets, in accordance with the Pay-as-You-go Agreement of June 21, 1947. In the allocation of occupation costs to the other occupying powers by the Austrian Government, the U.S. insists on allocation on an equal basis, by agreed Allied Council action only.

15. In staffing your organization it is contemplated that, to the maximum extent practicable, existing personnel of USFA will be employed by appointment to the Foreign Service Reserve or the Foreign Service Staff Corps. The Military Commander will detail to your service such military personnel as may be required for the work of the Allied Council, with particular reference to the Military, Air, and Naval directorates thereof, and the Allied Kommandatura in Vienna. Upon your request, the Military Commander will take the necessary measures for the maintenance of law and order within the United States Zone and the United States and International Sectors of Vienna and to assist you in the fulfillment of your mission. In the event of emergency both you and the Military Commander, in consultation when possible, will take whatever action is considered essential to support U.S. policy and to safeguard the security of U.S. personnel. If major differences arise with the Military Commander, you will submit the necessary reports and recommendations to the Department of State. Under Article 2(c) of the New Control Agreement, you may be required to take action to maintain law and order if the Austrian authorities are unable to do so. Under Article 8, pending conclusion of an immunities agreement, the members of your staff, military and civilian, enjoy existing rights and immunities deriving either from the Declaration on the Defeat of Germany or from the powers of a Commander-in-Chief in the field, although it has been the policy of the United States to reduce such immunities to the minimum required for security purposes.

16. Your relationship to the Austrian Government in all fields in which it is competent to act independently is that of Envoy Extraordinary and Minister Plenipotentiary of the United States. You will have full responsibility for the execution and implementation of United States policy in Austria, except for such specific responsibilities as may be attached to members of your staff for military or other technical reasons. You will be kept informed of policy decisions and other developments which may affect your operations. In this connection the Department will rely heavily upon the information received from you, and will expect regular, prompt, and reasonably detailed reports of developments in Austria, in addition to such special reports as may from time to time be requested. You will forward to the Department of State copies of all directives or orders issued by you, other than those of a purely routine administrative character, as well as copies of pertinent directives and orders issued by the Commanding General of U.S. military forces in Austria with respect to matters of mutual concern.

17. In effecting the transfer from military to civilian control of the U.S. Mission in Austria, the High Commissioner will be guided by the agreement of the three Western Foreign Ministers, in May 1950, that:

• “(1) No break should occur in the continuity of authority and operations in the Allied Council organization during the transfer from military to civilian control.
• “(2) No situation should be created by the transfer which will prevent immediate military action by the Western authorities if and when required.
• “(3) No impression should be given to the Austrians that they are being deprived of military protection by transfer of control.”

18. This Directive will be modified and supplemented as circumstances require and you will otherwise be guided by U.S. policies as they may from time to time be communicated to you.

Approved

Dean Acheson

1. Transmitted as an enclosure to instruction No. 61, November 1, to Vienna, not printed (Vienna Post Files, Lot 55 F 125, 320–US Policy).
2. Regarding NSC 38/6, see the editorial note, p. 397.
3. Regarding the Foreign Ministers agreements on Austria, including the text of the declaration on Austria, see vol. iii, pp. 1001 ff.
4. For the text of the New Control Agreement for Austria, see A Decade of American Foreign Policy, Basic Documents, 1941–1949 (Washington, Government Printing Office, 1950), pp. 614–620.
5. Not printed.
6. Foreign Relations, 1949, vol. iii, p. 1190.
7. February 16, p. 372.
8. For the text of the European Advisory Commission agreement of July 9, 1945, see Department of State Treaties and Other International Acts Series (TIAS) No. 1600, or 61 Stat. (pt. 3) 2679; the other documents under reference are not printed.
9. For the texts of the ECA agreement with Austria of July 2, 1948, and the amendments thereto of October 21 and November 30, 1949, and February 20, 1950, see TIAS Nos. 1780 and 2020.
10. Not printed.