ments for the German Defence Contribution, forces of the same nationality and effective strength as at that time may be stationed in the Federal Republic. In view of the status of the Federal Republic as defined in Article 1, paragraph 2 of the present Convention and in view of the fact that the Three Powers do not desire to exercise their rights regarding the stationing of armed forces in the Federal Republic, insofar as it is concerned, except in full accord with the Federal Republic, a separate Convention deals with this matter. ARTICLE 5 1. Pending the entry into force of the arrangements for the German Defence Contribution, the following provisions shall be applicable to the forces stationed in the Federal Republic: (a) The Three Powers will consult with the Federal Republic, insofar as the military situation permits, with regard to all questions concerning the stationing of these forces. The Federal Republic will, according to the present Convention and the related Conventions, co-operate, within the framework of its Basic Law, to facilitate the mission of these forces; (b) The Three Powers will obtain the consent of the Federal Republic before bringing into the Federal territory, as part of their forces, contingents of the armed forces of any nation not now providing such contingents. Such contingents may nevertheless be brought into the Federal territory without the consent of the Federal Republic in the event of external attack or imminent threat of such attack, but, after the elimination of the danger, may only remain with its consent. 2. The rights of the Three Powers, heretofore held or exercised by them, which relate to the protection of the security of armed forces stationed in the Federal Republic and which are temporarily retained, shall lapse when the appropriate German authorities have obtained similar powers under German legislation enabling them to take effective action to protect the security of those forces, including the ability to deal with a serious disturbance of public security and order. To the extent that such rights continue to be exercisable they shall be exercised only after consultation, insofar as the military situation does not preclude such consultation, with the Federal Government and_with its agreement that the circumstances require such exercise. In all other respects the protection of the security of those forces shall be governed by the Forces Convention or by the provisions of the Agreement which replaces it and, except as otherwise provided in any applicable agreement, by German law. ARTICLE 6 1. The Three Powers will consult with the Federal Republic in regard to the exercise of their rights relating to Berlin. 2. The Federal Republic, on its part, will co-operate with the Three Powers in order to facilitate the discharge of their responsibilities with regard to Berlin. ARTICLE 7 1. The Signatory States are agreed that an essential aim of their common policy is a peace settlement for the whole of Germany, freely negotiated between Germany and her former enemies, which should lay the foundation for a lasting peace. They further agree that the final determination of the boundaries of Germany must await such settlement. 2. Pending the peace settlement, the Signatory States will cooperate to achieve, by peaceful means, their common aim of a reunified Germany enjoying a liberal-democratic constitution, like that of the Federal Republic, and integrated within the European community 3. [Deleted.] 4. The Three Powers will consult with the Federal Republic on all matters involving the exercise of their rights relating to Germany as a whole. ARTICLE 8 1. (a) The Signatory States have concluded the following related Conventions: Convention on the Rights and Obligations of Foreign Forces Convention on the Settlement of Matters Arising out of the (b) The Convention on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic of Germany and the Agreement on Tax Treatment of the Forces and ther Members signed at Bonn on 26 May 1952, as amended by the Protocol signed at Bonn on 26 July 1952 shall remain in force until the entry into force of new arrangements setting forth the rights and obligations of the forces of the Three Powers and other States having forces in the territory of the Federal Republic The new arrangements will be based on the Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of their Forces, signed at London on 19 June 1951, supplemented by such provisions as are necessary in view of the special condi tions existing in regard to the forces stationed in the Federal Republic. (c) The Finance Convention shall remain in force until the entry into force of the new arrangements negotiated in pursuance of paragraph 4 of Article 4 of that Convention with other member Governments of the North Atlantic Treaty Organization who have forces stationed in the Federal territory. 2. During the transitional period provided for in paragraph 4 of Article 6 of Chapter One of the Convention on the Settlement of Matters Arising out of the War and the Occupation, the rights of the three Signatory States referred to in that paragraph shall be retained. ARTICLE 9 1. There shall be established an Arbitration Tribunal which shall function in accordance with the provisions of the annexed Charter. 2. The Arbitration Tribunal shall have exclusive jurisdiction over all disputes arising between the Three Powers and the Federal Republic under the provisions of the present Convention or the annered Charter or any of the related Conventions which the parties are not able to settle by negotiation or by other means agreed between all the Signatory States, except as otherwise provided by paragraph 3 of this Article or in the annexed Charter or in the related Conventions. 3. Any dispute involving the rights of the Three Powers referred to in Article 2, the first two sentences of paragraph 1 of Article 4, the first sentence of paragraph 2 of Article 4 and the first two sentences of paragraph 2 of Article 5, or action taken thereunder, shall not be subject to the jurisdiction of the Arbitration Tribunal or of any other tribunal or court. ARTICLE 10 The Signatory States will review the terms of the present Convention and the related Conventions (a) upon request of any one of them, in the event of the reunification of Germany, or an international understanding being reached with the participation or consent of the States parties to the present Convention on steps towards bringing about the reunification of Germany, or the creation of a European Federation; or (b) in any situation which all of the Signatory States recognize has resulted from a change of a fundamental character in the conditions prevailing at the time of the entry into force of the present Convention. In either case they will, by mutual agreement, modify the present Convention and the related Conventions to the extent made necessary or advisable by the fundamental change in the situation, 1. [Deleted.] 2. [Deleted.] ARTICLE 11 3. The present Convention and the related Conventions shall be deposited in the Archives of the Government of the Federal Republic of Germany, which will furnish each Signatory State with certified copies thereof and notify each such State of the date of the entry into force of the present Convention and the related Conventions. IN FAITH WHEREOF the undersigned representatives duly authorized thereto by their respective Governments have signed the present Convention. Done at BONN this twenty-sixth day of May, 1952, in three texts, in the English, French and German languages, all being equally authentic. [Signatures omitted. 126. STATE TREATY FOR THE RE-ESTABLISHMENT OF AN INDEPENDENT AND DEMOCRATIC AUSTRIA, MAY 15, 1955 (EXCERPT) 1 PREAMBLE 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 13th March, 1938, Hitlerite Germany annexed Austria by force and incorporated its territory in the German Reich; 'Department of State Bulletin, June 6, 1955, p. 916. Whereas in the Moscow Declaration published on 1st November, 1943, 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 13th March, 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 16th November, 1943; 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 re-establishing Austria as a free, independent and democratic State, thus contributing to the restoration of peace in Europe; Whereas the Allied and Associated Powers desire by means of the present Treaty to settle in accordance with the principles of justice all questions which are still outstanding in connection with the events referred to above, including the annexation of Austria by Hitlerite Germany and participation of Austria in the war as an integral part of Germany; 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 application for admission to the United Nations Organization; Have therefore appointed the undersigned Plenipotentiaries who, after presentation of their full powers, found in good and due form, have agreed on the following provisions: PART II-MILITARY AND AIR CLAUSES ARTICLE 12-PROHIBITION OF SERVICE IN THE AUSTRIAN ARMED FORCES OF FORMER MEMBERS OF NAZI ORGANIZATIONS, AND CERTAIN OTHER CATEGORIES OF PERSONS The following shall in no case be permitted to serve in the Austrian Armed Forces: 1. Persons not of Austrian nationality; 2. Austrian nationals who had been German nationals at any time before 13th March, 1938; 3. Austrian nationals who served in the rank of Colonel or in any higher rank in the German Armed Forces during the period from 13th March, 1938, to 8th May, 1945; 4. With the exception of any persons who shall have been exonerated by the appropriate body in accordance with Austrian law, Austrian nationals falling within any of the following categories: (a) Persons who at any time belonged to the National Socialist Party ("N. S. D. A. P.") or the "S. S.", "S. A.", or "S. D." organizations; the Secret State Police ("Gestapo"); or the National Socialist Soldiers' Association ("N. S. Soldatenring"); or the National Socialist Officers' Association ("N. S. Offiziersvereinigung"). (b) Officers in the National Socialist Fliers' Corps ("N. S. F. K.") or the National Socialist Motor Corps "N. S. K. K.") of rank not lower than "Untersturmfuehrer" or its equivalent; (c) Functionaries in any supervised or affiliated organizations of the N. S. D. A. P. of rank not lower than that equivalent to "Ortsgruppenleiter"; (d) Authors of printed works or scenarios placed by the competent commissions set up by the Government of Austria in the category of prohibited works because of their Nazi character; (e) Leaders of industrial, commercial and financial undertakings who according to the official and authenticated reports of existing industrial, commercial and financial associations, trade unions and party organizations are found by the competent commission to have co-operated actively in the achievement of the aims of the N. S. D. A. P. or of any of its affiliated organizations, supported the principles of National Socialism or financed or spread propaganda for National Socialist organizations or their activities, and by any of the foregoing to have damaged the interests of an independent and democratic Austria. ARTICLE 13-PROHIBITION OF SPECIAL WEAPONS 1. Austria shall not possess, construct or experiment with-(a) Any atomic weapon, (b) any other major weapon adaptable now or in the future to mass destruction and defined as such by the appropriate organ of the United Nations, (c) any self-propelled or guided missile or torpedoes, or apparatus connected with their discharge or control, (d) sea mines, (3) torpedoes capable of being manned, (f) submarines or other submersible craft, (g) motor torpedo boats, (h) specialized types of assault craft, (i) guns with a range of more than 30 kilometers, (j) asphyxiating, vesicant or poisonous materials or biological substances in quantities greater than, or of types other than, are required for legitimate civil purposes, or any apparatus designed to produce, project or spread such materials or substances for war purposes. 2. The Allied and Associated Powers reserve the right to add to this Article prohibitions of any weapons which may be evolved as a result of scientific development. ARTICLE 14-DISPOSAL OF WAR MATERIEL OF ALLIED AND GERMAN ORIGIN 1. All war materiel of Allied origin in Austria shall be placed at the disposal of the Allied or Associated Power concerned according to the instructions given by that Power. Austria shall renounce all rights to the above-mentioned war materiel. 2. Within one year from the coming into force of the present Treaty Austria shall render unusable for any military purpose or destroy: all excess war materiel of German or other non-Allied origin; |