Foreign Relations of the United States, 1955–1957, Austrian State Treaty; Summit and Foreign Ministers Meetings, 1955, Volume V

67. Telegram From the Delegation at the Vienna Ambassadorial Conference to the Delegation at the North Atlantic Council Ministerial Meeting, at Paris¹

Vienna, May 12, 1955—1 a.m.

431. Paris for USDel. US proposal tabled in conference May 11 (referred to in Embassy telegram 425 to Paris, 2705 to Department²) consists of two following paragraphs to be added to existing Article 35:

“13. Austria undertakes that, except in the case of educational, cultural, charitable and religious property none of the properties, rights and interests transferred to it as German assets shall be returned to ownership of German juridicial persons or where the value of the property, rights and interests exceeds (260,000) schillings, to the ownership of German natural persons. Austria further undertakes not to pass to foreign ownership those rights and properties indicated in Lists 1 and 2 of this Article which will be transferred to Austria by the Soviet Union in accordance with the Austro-Soviet memorandum of April 15, 1955. The provisions of this paragraph shall be deemed to supersede those provisions having to do with exclusion from foreign ownership of German assets, contained in the memorandum signed in Moscow on April 15, 1955.

“14. The provisions of this Article shall be subject to the terms of Annex — of this treaty.”

It was further proposed that the following Annex be added to the treaty:

“Annex (—)

“Having regard to the arrangements made between the USSR and Austria, and recorded in the memorandum signed at Moscow on April 15, 1955, Article 35 of the present treaty shall have effect subject to the following provisions:

1. On the basis of the pertinent economic provisions of the April 15, 1955 arrangements between the USSR and Austria, the Soviet Union will transfer to Austria within two months from the date of entry into force of the present treaty, all property, rights and interests to be retained or received by the Soviet Union in accordance with Article 35, except the DDSG assets in Hungary, Rumania and Bulgaria.

2. It is agreed that in respect of any property, right or interest transferred to Austria in accordance with this Annex, Austrian rights shall be limited only in the manner set out in Paragraph 13 of Article 35.”

1. Source: Department of State, Central Files, 396.1–VI/5–1255. Confidential; Priority. Repeated to London, Bonn, and Washington. The source text is the copy sent to Washington.
2. Supra.