740.00119 Council/1–3047: Telegram
The United States Deputy for Austria at the Council of Foreign Ministers (Clark) to the Secretary of State
670. Delsec 1164 from Clark. The Austrian deputies met this morning at 10:30 to continue the discussion on political clauses.5 Since it had been decided to pass over the question raised in US article 4 of a special guarantee of Austrian independence, I opened discussion on US article 5.6 M. Couve de Murville noted that there were only differences of wording between the French article 1 B and US article 5. Hood signified agreement in principle but said he would have drafting suggestions to be made at committee level. Gousev agreed to prohibition of Anschluss but said wording of US draft was too general. He said responsibilities of members of United Nations were amply covered by United Nations Charter and presumably Austria would be a member. I said aim of article was to prevent Anschluss with or subordination to any other country. Therefore, additional obligations over and above those of United Nations members justified. Gousev disagreed and referred to absence of any such provision in Italian treaty. M. Couve de Murville pointed out that United Nations Charter says nothing against a union between two states, and therefore, since we wish to guard against this, a special provision is necessary. Hood reserved right to present an article forbidding Anschluss and stating that Austria has responsibility to undertake to abstain from any act leading to Anschluss or compromising her independence. Gousev agreed to these general principles voiced by Hood. It was agreed to discontinue discussion of this point until United Kingdom and Soviet drafts were received presumably tomorrow when sub-committee would take up discussion.
Discussion then turned on United Kingdom and French clauses providing for inclusion in German settlement of recognition by Germany of Austrian independence and renunciation by Germany of right and title to Austrian territory. I said I would accept either one. It was generally agreed that such a clause should contain wording similar to that in articles 29 and 34 of Italian treaty,7 concerning Italian interests in Albania and Ethiopia. It was agreed to refer this question to [Page 119] the political sub-committee for drafting since all views were close together.
Inclusion of a clause stating that annexation of Austria and measures resulting from it are null and void was next discussed. I stated that I would have no objection to such a clause providing there was recognition of work already accomplished by Control Council and Austrian Government in separating Austria from Germany. There was general agreement with my suggestion. Discussion was deferred when Hood, objecting to too general terms of French draft, asked for further time to consider.
Frontiers were then discussed. United Kingdom, US and French clauses fixing frontiers were practically identical, but US draft includes provision to note Austro-Italian agreement on Bolzano,8 and provision for United Nations to support freedom of transit for Austrians between Salzburg and Lofer. Hood ready to accept both latter provisions. M. Couve de Murville agreed to both in principle but reserved final opinion until Austria is heard. Gousev was non-committal. Subject of frontiers dropped here until after hearing of Austrians.
In discussion of question of Austrian nationality, Gousev opposed to all UK and French clauses on this subject except for French provisions for refusing naturalization to German nationals who were Nazi party members and for cancellation of naturalization of German nationals which took place between March 1, 1933 and March 13, 1938 except for naturalizations justified by legitimate interests. Gousev raised the question of naturalization of displaced persons and refugees saying he wanted to hear views of Austrian Government on this before expressing an opinion. Both Gousev and I stated that determination of Austrian citizenship was a matter within competence of the Austrian Government. Discussion on this point will be resumed after hearing Austrian views tomorrow.
- This was the 10th Meeting of the Deputies for Austria.↩
- The article under reference here was included in the proposals of the United States Delegation for the political clauses of a draft Austrian peace treaty, circulated to the Deputies as document C.F.M.(D) (47) (A) 6, January 18, 1947, not printed. The proposed article was subsequently included as paragraph 3 of Article 2 of the Draft Treaty for the Re-Establishment of an Independent and Democratic Austria, March 29, 1947, p. 519.↩
- For the text of the Treaty of Peace with Italy, signed at Paris on February 10, 1947, see Department of State Treaties and Other International Acts Series 1648.↩
- The agreement under reference here, dated September 5, 1946, is included as Annex IV to the Treaty of Peace with Italy.↩