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posal should be examined in the light of the impasse in negotiations on the draft Treaty and the progress of Austria toward democratic self-government during the prolonged occupation. The Soviet Government will note that it conforms to the Moscow Declaration and contains the essentials which are required to reestablish Austrian independence.

The Government of the United States earnestly recommends that the Soviet Government give this proposal most careful and serious consideration and inquires if the Soviet Government is prepared to instruct its Deputy to renew negotiations.

80. THE ABBREVIATED DRAFT TREATY WITH AUSTRIA, MARCH 13, 19521

The Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America, and France, hereinafter referred to as "the Allied and Associated Powers," of the one part, and Austria, of the other part;

WHEREAS on March 13, 1938, Hitlerite Germany annexed Austria by force and incorporated its territory in the German Reich;

WHEREAS in the Moscow Declaration of November 1, 1943,2 the Governments of the Union of Soviet Socialist Republics, the United Kingdom and the United States of America declared that they regarded the annexation of Austria by Germany on March 13, 1938, as null and void and affirmed their wish to see Austria reestablished as a free and independent State and the French Committee of National Liberation made a similar declaration on November 16, 1943;3 WHEREAS as a result of the Allied victory Austria was liberated from the domination of Hitlerite Germany;

WHEREAS the Allied and Associated Powers, and Austria, taking into account the importance of the efforts which the Austrian people. themselves have made and will have to continue to make for the restoration and democratic reconstruction of their country, desire to conclude a treaty reestablishing Austria as a free, independent and democratic State, thus contributing to the restoration of peace in Europe; and

WHEREAS the Allied and Associated Powers and Austria are desirous for these purposes of concluding the present Treaty to serve as the basis of friendly relations between them, thereby enabling the Allied and Associated Powers to support Austria's candidature for admission to the United Nations Organization;

Department of State Bulletin, Mar. 24, 1952, pp. 449-450. For the text of the American note of March 13 transmitting the draft treaty to the Soviet Foreign Ministry, see supra.

A Decade of American Foreign Policy, p. 11.

Recueil de textes à l'usage des conférences de la paix (Paris, 1946), p. 123.

Have therefore appointed the undersigned Plenipotentiaries who, after presentation of their full powers, found in good and due form, have agreed to the following provisions:

ARTICLE 1

Reestablishment of Austria as a Free and Independent State The Allied and Associated Powers recognize that Austria is reestablished as a sovereign, independent and democratic State.

ARTICLE 2

Preservation of Austria's Independence

The Allied and Associated Powers declare that they will respect the independence and territorial integrity of Austria as established under the present Treaty.

The Allied and Associated Powers declare that political or economic union (Anschluss) between Austria and Germany is prohibited. Austria fully recognizes its responsibilities in this matter.

ARTICLE 3

Frontiers of Austria

The frontiers of Austria shall be those existing on January 1, 1938. ARTICLE 4

Withdrawal of Allied Forces

1. The Agreement on the Machinery of Control in Austria of June 28, 1946, shall terminate on the coming into force of the present Treaty.

2. On the coming into force of the present Treaty, the InterAllied Governing Authority (Komendatura [Kommandatura]) established under paragraph 4 of the Agreement on Zones of Occupation in Austria and the Administration of the City of Vienna of July 9, 1945,2 shall cease to exercise any functions with respect to the administration of the City of Vienna. The Agreement on Zones of Occupation of Austria shall terminate upon completion of the withdrawal from Austria of the forces of the Allied and Associated Powers and in any case at the expiration of ninety days from the coming into force of the present Treaty.

3. The forces of the Allied and Associated Powers and members of the Allied Commission for Austria shall be withdrawn from Austria as soon as possible and in any case within ninety days from the coming into force of the present Treaty.

4. The Government of Austria shall accord to the forces of the Allied and Associated Powers and the members of the Allied Com1 A Decade of American Foreign Policy, pp. 614-620.

2 Ibid., pp. 610–612.

mission for Austria pending their withdrawal from Austria the same rights, immunities and facilities as they enjoyed immediately before the coming into force of the present Treaty.

5. The Allied and Associated Powers undertake to return to the Government of Austria within the specified period of 90 days:

(a) All currency which was made available free of cost to the Allied and Associated Powers for the purpose of the occupation and which remains unexpended at the time of completion of withdrawal of the Allied forces;

(b) All Austrian property requisitioned by Allied forces or the Allied Commission, and which is still in their possession.

ARTICLE 5
Reparation

No reparation shall be exacted from Austria arising out of the existence of a state of war in Europe after September 1, 1939.

ARTICLE 6

War Booty-German Assets

Each of the Allied and Associated Powers shall, within the ninetyday period specified in Article 4, relinquish to Austria all property, real and personal, of whatever description held or claimed by them as German Assets or as war booty in Austria.

ARTICLE 7

Accession Clause

1. Any member of the United Nations at war with Germany which had the status of a United Nation on May 8, 1945, and is not a signatory to the present Treaty, may accede to the Treaty and upon accession shall be deemed to be an Associated Power for the purposes of the Treaty.

2. Instruments of accession shall be deposited with the Government of the Union of Soviet Socialist Republics and shall take effect upon deposit.

ARTICLE 8
Ratification

The present Treaty, of which the Russian, English, and French texts are authentic, shall be ratified. It shall come into force immediately upon deposit of instruments of ratification by the Union of Soviet Socialist Republics, by the United Kingdom of Great Britain and Northern Ireland, by the United States of America, and by France of the one part and by Austria of the other part. The instruments of ratification shall, in the shortest time possible, be deposited with the Government of the Union of Soviet Socialist Republics.

With respect to each Allied and Associated Power which accedes to the Treaty in accordance with Article 7, and whose instrument of ratification is thereafter deposited, the Treaty shall come into force upon the date of deposit. The present Treaty shall be deposited in the archives of the Government of the Union of Soviet Socialist Republics, which shall furnish certified copies to each of the signatory States.

In faith whereof the undersigned Plenipotentiaries have signed the present Treaty and have affixed thereto their seals.

Done in the city of

German languages this

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81. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET MINISTRY OF FOREIGN AFFAIRS, MAY 9, 19521

The Government of the United States refers to its note of March 132 in which it proposed that the four powers immediately conclude a settlement which would fulfill the pledge made to the Austrian people in 1943 that their independence would be restored.

A draft abbreviated treaty 3 was proposed as a basis for the resumption of the negotiations which have been in progress since 1947 and which, despite several hundred meetings of the representatives of the four powers, have not succeeded in reaching final agreement.

This Government considers that its proposal provides a basis for an immediate and equitable settlement in Austria which would relieve a source of constant tension in Europe and render justice to the Austrian people.

The Government of the United States requests, therefore, that the views of the Soviet Government on the proposal for an Austrian settlement, as contained in its note of March 13, be made known at the first opportunity.

82. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, SEPTEMBER 5, 19521

The Government of the United States is pleased to receive the reply of the Soviet Government to its note of March 13, 1952 proposing to the Soviet Government a simple instrument which will give Austria full independence.

5

The Soviet Government's recent reply suggests the withdrawal

1 Department of State Bulletin, May 19, 1952, p. 778. The British and French Embassies at Moscow transmitted identical notes.

2 Supra, doc. 79.

3 Supra.

Department of State Bulletin, Sept. 15, 1952, pp. 404–405. The British and French Embassies sent similar notes to the Soviet Foreign Ministry. 5 Note of Aug. 14, 1952; ibid., Sept. 1, 1952, pp. 322–323.

of the proposal made on March 13, 1952. This suggestion is based on four objections, namely, that it fails to provide for free elections as specified in Article 8 of the long draft of the State Treaty, that it fails to guarantee human rights and basic freedoms as specified in Article 7 of the long draft, that it fails to eliminate Nazism as specified in Article 9 of the long draft, and that it fails to provide for Austrian Armed Forces.1

With reference to the first three of these points, it is the view of the Government of the United States that none of these provisions specified in the note of the Soviet Government are required in a simple instrument designed to terminate the prolonged occupation and to reestablish the independence of Austria. These points are all covered in the Austrian Constitution or in Austrian legislation now in force. Nonetheless, appreciating the careful consideration given by the U.S.S.R. during these past five months to the proposal of March 13, 1952, and anxious, as it has been since the Moscow Declaration of 1943, to restore to Austria full independence, the Government of the United States therefore proposes that there be added to its proposal of March 13, 1952 articles 7, 8, and 9 of the long draft as previously agreed upon by the four powers.

With reference to the Soviet Government's objections to the proposal of March 13, 1952 in that it passes over the right of Austria to have its own national armed forces necessary for the defense of the country, the Government of the United States considers that the right to maintain armed forces belongs inherently to a free and independent nation and should not have to be specifically granted to a nation never considered to have been an enemy. The Soviet Government, however, implies by its reference to the long draft of the State Treaty that it wishes to place limitations upon Austria's right to have national armed forces for its self-defense. While seeing no necessity thus to limit Austrian sovereign rights, the United States Government, in order to reach early agreement and to terminate the occupation, would accept, although reluctantly, the addition of Article 17 of the long draft to its proposal of March 13, 1952.

The Government of the United States therefore believes that the way is now clear for the conclusion of an Austrian settlement as it is prepared to accept the Soviet suggestions regarding the only points of objection to the proposal of March 13, 1952. The Government of the United States is accordingly prepared for a meeting of the Deputies with the object of initialling the proposal of March 13, 1952, amended as above in accordance with the suggestions outlined in the Soviet Government's note. Since the United States Deputy will be in the chair at the forthcoming meeting, he has requested the Secretary General to issue invitations for a meeting of the four Deputies in London on September 29, 1952.

! The "long" draft treaty was the draft treaty of 59 articles which had been the subject of the negotiations prior to the introduction by the three Western Powers of the "short" draft treaty of Mar. 13, 1952. For the texts of the articles from the "long" draft treaty which the Western Powers were willing to add to the short draft treaty, see ibid., Sept. 15, 1952, p. 405.

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