The first of these regulates the stationing of Allied Forces on German territory and is discussed further elsewhere. The second one declares that the retained rights set out in the Convention on Relations will be exercised by the respective Chiefs of Mission accredited to the Federal Republic of Germany who will act jointly in matters the Three Powers consider to be of common concern. Neither of these instruments has been submitted to the Senate for approval.

12. SENATE ATTITUDES TOWARD GERMANY

The committee notes that these protocols reflect views which the Senate has often expressed on the German question. For the past several years the reports of the Foreign Relations Committee have called attention to the potential importance of Western Germany in the joint defense of the free world. At the same time the committee has urged upon the executive branch that appropriate action should be taken as soon as practicable so that Germany might assume her proper place in the family of nations.

As has been noted, the Senate has taken a series of steps in this direction. On October 18, 1951, the Senate approved a resolution which had been passed by the House of Representatives and which was signed by the President on October 19, bringing to an end the state of war between the United States and Germany. As the Foreign Relations Committee's report on the resolution pointed out, this resolution reflected the agreement reached by the Governments of France and the United Kingdom on September 18, 1950,2 to the effect that the unification of the German people was of fundamental importance to the free world and that peaceful and friendly relations should be restored with the Federal Republic of Germany as soon as possible.

Then in July 1952, the Senate, with only five dissenting votes, approved the 1952 Bonn agreement and the NATO protocol to include Western Germany within the defensive system of the North Atlantic

area.

On July 30, 1954, by a vote of 88-0, the Senate approved Senate Resolution 295,3 expressing its wish that the President should

take such steps as he deems appropriate. . to restore sovereignty to Germany and to enable her to contribute to the maintenance of international peace and security.

These are only a few of the many manifestations of interest which the Senate has expressed in the desirability of working out a satisfactory solution to the German problem. The committee believes that inasmuch as the Senate's advice has been followed by the executive branch, this should constitute an additional reason why the consent of the Senate to ratification should be speedily granted.

1 PL 181 (H. J. Res. 289), 82d Cong., 1st sess. (65 Stat. 451); see also President Truman's proclamation of Oct. 24, 1951 (infra, pp. 1723-1724).

2 See the communique of Sept. 19, 1950; infra, p. 1462.

3 Infra, p. 1732.

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13. SUMMARY AND RECOMMENDATIONS

The two protocols before the Senate have the same basic purposes as the 1952 Bonn conventions and the 1952 NATO protocol. These remain the same as when the Senate considered the 1952 agreements. The effect of the protocol on termination, and the related documents, is to bring the occupation regime to an end, to include the Federal Republic of Germany in the community of free nations as an equal partner, to resolve a number of outstanding problems left over from the war and the occupation, to provide for the stationing of forces in the Federal Republic for the purpose of assisting in the common defense, to regulate the status of those forces while they are in the Federal territory, and to provide for their support by the Federal Republic.

Had the Bonn conventions of 1952 come into effect it would not now be necessary for the Senate to act on the pending protocols. Those conventions, however, have had to be revised for several reasons.

In the first place, they were, by their own terms, to come into effect only upon the entry into force of the treaty constituting the European Defense Community. When that treaty failed of ratification in France last August, the conventions were prevented from coming into force, and the references to the treaty in their texts became meaningless. Shortly thereafter, new arrangements for a German defense contribution were agreed upon in London, utilizing NATO and the new Western European Union, rather than the European Defense Community. Accordingly, the conventions had to be revised to sever the connection between them and the EDC Treaty, to delete the references to that treaty, and to take account of the new defense arrangements. In addition, there were provisions which had become outmoded since the conventions were signed, because the action originally contemplated had subsequently been taken or otherwise become out of date, and further revisions were called for in order to simplify the agreements and make them reflect more clearly the status of equality which the Federal Republic was to attain.

The Committee on Foreign Relations believes that it is in the national interest for the United States to take the steps necessary to restore the Federal Republic of Germany to a position of equality with other free nations of the world. In the 10 years since the end of World War II, the German people and their Government have shown their dedication to the principles of free economic enterprise and democratic government. Their dedication to these principles has been rewarded. German economic recovery has been little short of phenomenal. Postwar elections have been conducted freely and fairly with a resulting stability of government necessary for economic

progress.

Western Germany, by the Convention Terminating the Occupation Regime, undertakes to conduct its policy

in accordance with the principles set forth in the Charter of the United Nations and with the aims defined in the Statute of the Council of Europe.

It affirms its intention

to associate itself fully with the community of free nations through membership in international organizations contributing to the common aims of the free world.

It undertakes by the protocols to the Brussels Treaty to subject its potential military strength to international control. And, finally, as noted earlier, in the final act of the London Conference, despite the tremendous desire of the people of Germany to be reunited, the Federal Republic has undertaken

never to have recourse to force to achieve the reunification of Germany or the modification of the present boundaries of the German Federal Republic and to resolve by peaceful means any disputes which may arise between the Federal Republic and other states.

The committee urges the Senate to give its support to the pending protocols so that the desire of the United States to have the Federal Republic of Germany join with the free nations in defense of free men may be clearly demonstrated.

Re-establishment of an Independent and Democratic Austria

24. AUSTRIAN STATE TREATY, MAY 15, 19551

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;

Whereas in the Moscow Declaration published on 1st November, 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 13th March, 1938, as null and void and affirmed their wish to see Austria re-established as a free and independent State, and the French Committee of National Liberation made a similar declaration on 16th November, 1943; 3

1 TIAS 3298; 6 UST, pt. 2, p. 2369. Ratification advised by the Senate June 17, 1955; ratified by the President June 24, 1955; proclaimed by the President Aug. 5, 1955; entered into force July 27, 1955.

A Decade of American Foreign Policy, p. 11.

3 Recueil de Textes à l'usage des Conférences de la Paix, Première partie, Documents généraux, II, Déclaration du Comité français de la libération nationale relative à indépendance de l'Autriche (Paris, 1947), p. 5.

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;1

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 I

POLITICAL AND TERRITORIAL CLAUSES

ARTICLE 1

Re-Establishment 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

Maintenance 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.

ARTICLE 3

Recognition by Germany of Austrian Independence

The Allied and Associated Powers will incorporate in the German Peace Treaty provisions for securing from Germany the recognition of

The Austrian application was approved by the U.N. Security Council Dec. 14, 1955; see supra, p. 337.

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