71. Telegram From the Delegation at the Vienna Ambassadorial Conference to the Department of State1

2731. In restricted session today,2 US Ambassador recalled that yesterday in last effort resolve difficulty regarding Article 35 he had tabled new proposal (Embtel 2711, Paris USDel 431, London 350, Bonn 238, Moscow pouch3) which Soviet Ambassador undertook to study, and requested Soviet views. Ilyichev replied that Soviet Delegation had carefully examined views submitted by US Delegation and that, in the interest agreement and speedy completion preparation state treaty, Soviet Delegation prepared accept US proposal. He accepted proposal on basis deletion last sentence paragraph 13, as suggested US Ambassador yesterday. This deletion was quickly agreed.

Ilyichev followed his acceptance US proposal with statement, “this is our contribution to the present meeting”. Various delegation heads expressed appreciation contribution Soviet Ambassador had taken in assisting conference over very difficult problem.

UK Ambassador said in view Soviet proposal he would disobey his instructions to extent withdrawing his opposition deletion Annex IX order clear that problem from slate. Accordingly this Annex now deleted.

US Ambassador suggested would be of assistance committee collating text of treaty if agreement could be reached on one major point which appeared outstanding in Article 42. He pointed out that Soviet Delegation had outstanding proposal for final sentence paragraph 8(A) which had not been agreed. Effect of paragraph would deprive certain former Austrians who had assumed other nationalities of benefits under Austrian compensation laws.

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While recognizing that deletion of paragraph would cause some difficulty for Austrian Government, deletion would facilitate final agreement on treaty and would reduce criticism of Austrian Government in future. Accordingly, he requested whether Austrian Government could agree deletion. After slight hesitation, Figl agreed accept proposed deletion. Member Austrian Delegation immediately indicated in aside to US Delegation that this agreement would cost Austria great deal financially.

In general atmosphere good will existing conference this point, Austrians raised several points they had apparently been holding for such occasion. Re paragraph 3, Preamble, Soviet Ambassador repeated that he had no authority to discuss. Austrians raised paragraph 1, Article 10, and requested deletion on ground it is obsolete due enactment parallel Austrian legislation. Soviet Ambassador, however, indicated he could not agree deletion, and Figl accordingly dropped request.

Thereafter session concerned itself with details reception Foreign Ministers and schedule for next few days, details of which will be sent separate cable. Agreed tentative text communiqué4 which will be released this afternoon and adjourned until Friday morning for review work of committee collating text in order resolve any outstanding points.5

  1. Source: Department of State, Central Files, 396.1–VI/5–1255. Confidential; Priority. Sent also to Paris.
  2. The ninth meeting was held from 2:57 to 4:50 p.m. with the same heads of delegation present as at previous meetings. The unofficial U.S. Delegation minutes and the official conference verbatim minutes for this session were transmitted as enclosures to despatch 1314 from Vienna, May 16. (Ibid., 396.1–VI/5–1655) In the unrestricted part of the meeting the Conference discussed Annex IX.
  3. Document 67
  4. The text of the communiqué was transmitted in telegram 2730 from Vienna, May 12 (Department of State, Central Files, 396.1–VI/5–1255), and as an enclosure to despatch 1314 from Vienna, May 16. (Ibid., 396.1–VI/5–1655)
  5. On May 13 the Ambassadors met for the last time and approved the final text of the treaty in four languages without further modifications. (Telegram 2734 from Vienna, May 13; ibid., 396.1–VI/5–1355)