Part IV-Withdrawal of Allied Forces

Article 21 calls for the withdrawal within 90 days of all Allied forces and the return of goods in their possession, subject to the right of the Soviet Union to maintain troops on the line of communication with its occupation forces in Austria.

Part V-Reparation and Restitution

Article 22 provides for reparation to the Soviet Union in the amount of $300,000,000 payable in commodities over a period of eight years. Article 23 provides for the restitution by Rumania of identifiable property removed from United Nations territory and for the method of presenting claims.

Part VI-Economic Clauses

Articles 24-35 contain the standard provisions in respect of (a) United Nations property in Rumania with compensation in local currency for loss or damage equivalent to % of the value of the property, including a special provision for ships, not needed in the other treaties, (b) Rumanian property in the territory of the Allied and Associated Powers with the same exceptions from sequestration excluding, however, the inapplicable clause relating to ceded territories, (c) Renunciation of Claims including restitution of property in Germany, (d) Debts, (e) General Economic Relations including commercial aviation clauses, (f) Settlement of Economic Disputes, and (g) Miscellaneous Economic Clauses. In addition, the Rumanian Treaty calls for restoration of property and rights of minorities discriminated against in Rumania with fair compensation if restoration impossible and for transfer to appropriate organizations if property unclaimed or heirless. The right of the Soviet Union to German assets in Rumania is specifically recognized. Article 33 relates to settlement by conciliation and arbitration of disputes arising in connection with prices paid by the Rumanian Government for goods delivered for reparations and acquired from an Allied national.

Part VII-Danube

Article 36 provides for freedom of navigation on the Danube (the declaration relating to the Conference to be held on this subject having been approved by the Council of Foreign Ministers and published on December 6, 1946).

Part VIII-Final Clauses

Articles 37-40 contain the provisions relating to the interpretation of the Treaty, settlement of disputes, accession by other States, and the coming into force upon ratification by the United States, the United Kingdom, and the Soviet Union.

Annexes IV, V and VI contain the standard clauses relating to (a) Industrial, Literary and Artistic Property, (b) Insurance, (c) Contracts, Periods of Prescription and Negotiable Instruments, (d) Prize Courts, and (e) Judgments.

81. RENEWAL OF DIPLOMATIC RELATIONS WITH RUMANIA1

Statement by Secretary Marshall, July 23, 1947

With the termination of a state of war between Rumania and the United States imminent, the U. S. Government considers it desirable to accredit a diplomatic representative to Rumania to supersede the U. S. Political Representative who has been stationed in Rumania during the armistice regime. Mr. Burton Y. Berry served as U. S. Political Representative to Rumania from December 1944 until his return to this country last month. In his absence Mr. Roy M. Melbourne has been Acting U. S. Political Representative in Rumania. The appointment of Mr. Rudolph E. Schoenfeld as U. S. Minister to Rumania is predicated on the intention of the United States to maintain its interest in the welfare of the Rumanian people, to keep itself informed of developments in Rumania, and to continue its efforts on behalf of American interests there. It does not imply that the U. S. Government condones the actions of the Rumanian Government in denying the Rumanian people fundamental freedoms, regarding which the U. S. position has been set forth on various occasions.

HUNGARY

82. ARMISTICE WITH HUNGARY, JANUARY 20, 1945 Agreement Concerning an Armistice Between the Union of Soviet Socialist Republics, the United Kingdom, and the United States on One Hand and Hungary on the Other 2

The Provisional National Government of Hungary, recognizing the fact of the defeat of Hungary in the war against the Soviet Union, the United Kingdom, the United States of America, and other United Nations, accepts the armistice terms presented by the Governments of the above-mentioned three powers, acting on behalf of all the United Nations which are in a state of war with Hungary.

On the basis of the foregoing the representative of the Allied (Soviet) High Command, Marshal of the Soviet Union K. E. Voroshilov, duly authorized thereto by the Governments of the Soviet Union, the United Kingdom, and the United States of America, acting on behalf of all the United Nations which are at war with Hungary, on the one hand and the representatives of the Provisional National Government of Hungary, Minister of Foreign Affairs, Mister Gyöngyösi Janos, Minister of Defense Colonel General Vörös Janos and State Secretary of the Cabinet of Ministers Mister Balogh Istvan, on the other, holding proper full powers, have signed the following conditions:

1. (a) Hungary has withdrawn from the war against the Union of Soviet Socialist Republics and other United Nations, including Czechoslovakia, has severed all relations with Germany and has declared war on Germany.

1 Department of State Bulletin of August 3, 1947, p. 229. The Senate on July 28, 1947, confirmed the nomination of Rudolf E. Schoenfeld to be Envoy Extraordinary and Minister Plenipotentiary of the United States of America to Rumania.

2 Department of State publication 2396, Executive Agreement Series 456, pp. 11-17, 31. Agreement signed at Moscow January 20, 1945; effective January 20, 1945.

(b) The Government of Hungary undertakes to disarm German armed forces in Hungary and to hand them over as prisoners of war. The Government of Hungary also undertakes to intern nationals of Germany.

(c) The Government of Hungary undertakes to maintain and make available such land, sea and air forces as may be specified for service under the general direction of the Allied (Soviet) High Command. In this connection Hungary will provide not less than eight infantry divisions with corps troops. These forces must not be used on allied territory except with the prior consent of the allied government concerned.

(d) On the conclusion of hostilities against Germany, the Hungarian armed forces must be demobilized and put on a peace footing under the supervision of the Allied Control Commission. (See Annex to Article I.)

2. Hungary has accepted the obligation to evacuate all Hungarian troops and officials from the territory of Czechoslovakia, Yugoslavia, and Rumania occupied by her within the limits of the frontiers of Hungary existing on December 31, 1937, and also to repeal all legislative and administrative provisions relating to the annexation or incorporation into Hungary of Czechoslovak, Yugoslav and Rumanian territory.

3. The Government and High Command of Hungary will ensure to the Soviet and other allied forces facilities for free movement on Hungarian territory in any direction if, in the opinion of the Allied (Soviet) High Command, the military situation requires this, the Government and High Command of Hungary giving such movement every possible assistance with their own means of communication and at their own expense on land, on water and in the air. (See Annex to Article 3).

4. The Government of Hungary will immediately release all allied prisoners of war and internees. Pending further instructions the Government of Hungary will at its own expense provide all allied prisoners of war and internees, displaced persons and refugees, including nationals of Czechoslovakia and Yugoslavia, with adequate food, clothing, medical services, and sanitary and hygienic requirements, and also with means of transportation for the return of any such persons to their own country.

5. The Government of Hungary will immediately release, regardless of citizenship and nationality, all persons held in confinement in connection with their activities in favor of the United Nations or because of their sympathies with the United Nations' cause or for racial or religious reasons, and will repeal all discriminatory legislation and disabilities arising therefrom.

The Government of Hungary will take all necessary measures to ensure that all displaced persons or refugees within the limits of Hungarian territory, including Jews and stateless persons, are accorded at least the same measure of protection and security as its own nationals.

6. The Government of Hungary undertakes to return to the Soviet Union, and also to Czechoslovakia and Yugoslavia and to the other United Nations, by the dates specified by the Allied Control Commission, and in complete good order, all valuables and materials removed during the war to Hungary from United Nations' territory

and belonging to state, public or cooperative organizations, enterprises, institutions or individual citizens, such as factory and works equipment, locomotives, rolling stock, tractors, motor vehicles, historic monuments, museum treasures and any other property.

7. The Government and High Command of Hungary undertake to hand over as booty into the hands of the Allied (Soviet) High Command all German war material located on Hungarian territory, including vessels of the fleet of Germany.

8. The Government and High Command of Hungary undertake not to permit, without the authorization of the Allied Control Commission, the export or expropriation of any form of property (including valuables and currency) belonging to Germany or her nationals or to persons resident in German territory or in territories occupied by Germany. They will safeguard such property in the manner specified by the Allied Control Commission.

9. The Government and High Command of Hungary undertake to hand over to the Allied (Soviet) High Command all vessels belonging or having belonged to the United Nations which are located in Hungarian Danubian ports, no matter at whose disposal these vessels may be, for use during the period of the war against Germany by the Allied (Soviet) High Command in the general interests of the Allies, these vessels subsequently to be returned to their owners.

The Government of Hungary will bear full material responsibility for any damage or destruction of the aforementioned property until the moment of its transfer to the Allied (Soviet) High Command.

10. Hungarian merchant vessels, whether in Hungarian or foreign waters, shall be subject to the operational control of the Allied (Soviet) High Command for use in the general interests of the Allies.

11. The Government of Hungary will make regular payments in Hungarian currency and provide commodities (fuel, foodstuffs, et cetera), facilities and services as may be required by the Allied (Soviet) High Command for the fulfillment of its functions as well as for the needs of missions and representatives of the allied states connected with the Allied Control Commission.

The Government of Hungary will also assure, in case of need, the use and regulation of the work of industrial and transport enterprises, means of communication, power stations, enterprises and installations of public utility, stores of fuel and other material, in accordance with instructions issued during the armistice by the Allied (Soviet) High Command or the Allied Control Commission. (See Annex to Article 11.)

12. Losses caused to the Soviet Union, Czechoslovakia and Yugoslavia by military operations and by the occupation by Hungary of the territories of these states will be made good by Hungary to the Soviet Union, Czechoslovakia and Yugoslavia, but taking into consideration that Hungary has not only withdrawn from the war against the United Nations but has declared war against Germany, the parties agree that compensation for the indicated losses will be made by Hungary not in full but only in part; namely, to the amount of 300 million American dollars payable over six years in commodities (machine equipment, river craft, grain, livestock, et cetera), the sum to be paid to the Soviet Union to amount to 200 million American dollars and the sum to be paid to Czechoslovakia and Yugoslavia to amount to 100 million American dollars.

Compensation will be paid by Hungary for loss and damage caused by the war to other allied states and their nationals, the amount of compensation to be fixed at a later date. (See Annex to Article 12.)

13. The Government of Hungary undertakes to restore all legal rights and interests of the United Nations and their nationals on Hungarian territory as they existed before the war and also to return. their property in complete good order.

14. Hungary will cooperate in the apprehension and trial, as well as the surrender to the governments concerned, of persons accused of war crimes.

15. The Government of Hungary undertakes to dissolve immediately all pro-Hitler or other fascist political, military, para-military and other organizations on Hungarian territory conducting propaganda hostile to the United Nations and not to tolerate the existence of such organizations in future.

16. The publication, introduction and distribution in Hungary of periodical or non-periodical literature, the presentation of theatrical performances or films, the operation of wireless stations, post, telegraph and telephone services will take place in agreement with the Allied (Soviet) High Command. (See Annex to Article 16.)

17. Hungarian civil administration will be restored in the whole area of Hungary separated by not less than 50-100 kilometres (depending upon conditions of terrain) from the front line, Hungarian administrative bodies undertaking to carry out, in the interests of the reestablishment of peace and security, instructions and orders of the Allied (Soviet) High Command or Allied Control Commission issued by them for the purpose of securing the execution of these armistice

terms.

18. For the whole period of the armistice there will be established in Hungary an Allied Control Commission which will regulate and supervise the execution of the armistice terms under the chairmanship of the representative of the Allied (Soviet) High Command and with the participation of representatives of the United Kingdom and the United States.

During the period between the coming into force of the armistice and the conclusion of hostilities against Germany, the Allied Control Commission will be under the general direction of the Allied (Soviet) High Command. (See Annex to Article 18.)

19. The Vienna Arbitration Award of November 2, 1938 and the Vienna Award of August 30, 1940 are hereby declared to be null and void.

20. The present terms come into force at the moment of their signing.

Done in Moscow 20 January, 1945, in one copy which will be entrusted to the safekeeping of the Government of the Union of Soviet Socialist Republics, in the Russian, English and Hungarian languages, the Russian and English texts being authentic.

Certified copies of the present agreement, with annexes, will be transmitted by the Government of the Union of Soviet Socialist Republics to each of the other governments on whose behalf the present agreement is being signed.