Annex to the Armistice Agreement

A. Annex to Article 1.

The Hungarian Military Command shall hand over to the Allied (Soviet) High Command within a period fixed by the latter all the information at its disposal regarding the German armed forces and the plans of the German Military Command for the development of military operations against the Union of Soviet Socialist Republics and the other United Nations, and also the charts and maps and all operational documents relating to the military operations of the German armed forces.

The measures provided for in Article I of the Agreement regarding the internment of nationals of Germany now in Hungarian territory do not apply to nationals of that country of Jewish origin.

B. Annex to Article 3.

The assistance specified in Article 3 of the Agreement shall be taken to mean that the Government and High Command of Hungary will place at the disposal of the Allied (Soviet) High Command, for use at its discretion during the armistice, in complete good order and with the personnel required for their maintenance, all Hungarian military, air and river fleet installations and buildings, ports, barracks, warehouses, airfields, means of communication and meteorological stations which might be required for military needs.

C. Annex to Article 11.

The Government of Hungary will withdraw and redeem within such time limits and on such terms as the Allied (Soviet) High Command may specify, all holdings in Hungarian territory of currencies issued by the Allied (Soviet) High Command, and will hand over currency so withdrawn free of cost to the Allied (Soviet) High Command.

The Government of Hungary will not permit the disposal of external Hungarian assets or the disposal of internal Hungarian assets to foreign governments or foreign nationals without the permission of the Allied (Soviet) High Command or Allied Control Commission.

D. Annex to Article 12.

The precise nomenclature and varieties of commodities to be delivered by Hungary to the Soviet Union, Czechoslovakia and Yugoslavia in accordance with Article 12 of the Agreement and also the more precise periods for making these deliveries each year shall be defined in special agreements between the respective governments. These deliveries will be calculated at 1938 prices with an increase of fifteen percent for industrial equipment and ten percent for other goods.

As the basis of calculation for payment of the indemnity foreseen in Article 12 of the Agreement, the American dollar is to be used as its gold parity on the day of signing of the agreement, i. e. thirty-five dollars to one ounce of gold.

In connection with Article 12 it is understood that the Government of Hungary will immediately make available certain food and other

supplies required for relief and rehabilitation of the population of those Czechoslovak and Yugoslav territories which have suffered as a result of Hungarian aggression. The quantities of the products to be delivered will be determined by agreement between the three governments and will be considered as part of the reparation by Hungary for the loss and damages sustained by Czechoslovakia and Yugoslavia. E. Annex to Article 16.

The Government of Hungary will ensure that wireless communication, telegraphic and postal correspondence, and correspondence in cipher and by courier, as well as telephonic communication with foreign countries, of embassies, legations and consulates situated in Hungary will be conducted in the manner laid down by the Allied (Soviet) High Command.

F. Annex to Article 18.

Control over the exact execution of the armistice terms will be entrusted to the Allied Control Commission to be established in conformity with Article 18 of the Armistice Agreement.

The Government of Hungary and its organs shall fulfill all instructions of the Allied Control Commission arising out of the armistice agreement.

The Allied Control Commission will set up special organs or sections, entrusting them respectively with the execution of various functions. In addition, the Allied Control Commission may have its officers in various parts of Hungary.

The Allied Control Commission will have its seat in the city of Budapest.

Moscow, 20 January 1945.

Protocol to the Armistice Agreement with Hungary In signing the Armistice Agreement with the Government of Hungary, the Allied Governments signatory thereto have agreed as follows: 1. The term "war material" used in Article 7 shall be deemed to include all material or equipment belonging to, used by, or intended for use by the military or para-military formations of the enemy or members thereof.

2. The use by the Allied (Soviet) High Command of allied vessels handed over by the Government of Hungary in accordance with Article 9 of the Armistice Agreement and the date of their return to their owners will be the subject of discussion and settlement between the Government of the Soviet Union and the Allied Governments concerned.

Done in Moscow in three copies, each in the Russian and English languages, the Russian and English texts being authentic. January 20, 1945.

98756-50-33

83. TREATY OF PEACE WITH HUNGARY, FEBRUARY 10, 1947 1

(Summary)

Like the Bulgarian Treaty, the Treaty of Peace with Hungary in general contains the same provisions as the Treaty with Rumania. The differences between the Rumanian and Hungarian Treaties are, however, noted as follows:

Article 1 re-establishes the frontiers of Hungary with Austria and with Yugoslavia as those which existed on January 1, 1938. It liquidates the Vienna Award of 1940 and restores Transylvania to Roumania. It establishes a frontier with the Soviet Union in recognition of the transfer of the sub-Carpathian Ukraine from Czechoslovakia to the Soviet Union. It liquidates the Vienna Award of 1938 whereby Hungary received certain territory from Czechoslovakia and restores this territory, together with increased area across the Danube from Bratislava, providing guarantees of human and civic rights for the population of the ceded area.

Article 5 provides that negotiations shall take place between Czechoslovakia and Hungary to settle the problem of the Magyars residing in Czechoslovakia, and that, if no agreement is reached in 6 months, Czechoslovakia shall be entitled to ask the Council of Foreign Ministers to effect a final solution.

Article 11 requires Hungary to deliver certain categories of cultural property and records to Yugoslavia and Czechoslovakia.

Article 12 sets the limits for personnel of the Hungarian Army, including frontier troops, anti-aircraft and river flotilla personnel at 65,000 and the personnel of the air force at 5,000 with 90 aircraft.

Article 22 which calls for the withdrawal of all Allied forces within 90 days also contains the reservation in respect of the right of the Soviet Union to maintain troops on line of communication with its occupation forces in Austria.

Article 23 provides for reparation to the Soviet Union in the amount of $200,000,000 and $100,000,000 to Czechoslovakia and Yugoslavia payable in commodities over a period of 8 years.

Article 25 calls for the annulment of the legal consequences of the Vienna Award entailed in the return of territory to Czechoslovakia. Article 26 contains the standard clauses relating to return of property to the United Nations and their nationals and to compensation in the event of loss or damage and extends these provisions to cover such property in Northern Transylvania during period when it was subject to Hungarian authority.

Article 34 provides that Hungary should facilitate railway transit traffic through its territory and negotiate the necessary agreements for this purpose.

Annex VI omits the clauses relating to Prize Courts as inapplicable.

1 S. Exec. F, G, H, I, 80th Cong., 1st sess., February 27, 28, 1947. See also texts of the President's letter of transmittal, report of the Secretary of State, and summaries of texts of treaties with Italy, Bulgaria, Rumania, and Hungary, Department of State Bulletin of March 23 and June 1, 1947; full text of treaty of peace with Hungary, Department of State publication 2974, Treaties and Other International Acts Series 1651; also, Department of State publication 2743, European Series 21. Treaty of peace with Hungary signed at Paris February 10, 1947; ratified by the United States June 14, 1947; effective September 15, 1947.

84. RENEWAL OF DIPLOMATIC RELATIONS WITH HUNGARY1 Statement by the Department of State, September 29, 1945

Feeling that the provisional government of Hungary is able to take into account the interests of the various elements of the population in performing its functions as an interim government, the United States Government has decided to indicate its willingness to proceed with normalizing its relations with that country.

Accordingly, on September 22, 1945, acting under instructions from the Secretary of State, the United States Representative in Hungary, H. F. Arthur Schoenfeld, delivered a note to the Hungarian Foreign Minister indicating the readiness of this Government to establish diplomatic relations and negotiate a treaty with the provisional government of Hungary if that government would give full assurances for free and untrammeled elections for a representative government and if, in the meantime, it would provide to the full measure of its responsibilities under the armistice regime for freedom of political expression of democratic parties and right of assembly, such conditions being essential to permit the holding of free elections.

On September 25 the Hungarian Foreign Minister handed the United States Representative in Budapest a note of the same date. stating that the Provisional National Government of Hungary was in a position to offer full guaranties to the Government of the United States concerning the conditions set forth in the note of September 22.

FINLAND

85. RENEWAL OF DIPLOMATIC RELATIONS WITH FINLAND

Statement by Secretary Byrnes, August 21, 1945 2

Paragraph X of the report on the Berlin Conference provided that the three Governments concerned would examine, each separately, the establishment of diplomatic relations with Finland. After studying all available reports the Government of the United States has concluded that the Finnish parliamentary elections of March 1945 were freely conducted and expressed through secret ballot the democratic wishes of the Finnish people. The Finnish Government has been reorganized so as to reflect the results of that election and is now, in the opinion of our Government, broadly representative of all democratic elements in Finnish political life. Accordingly the United States representative in Finland has been instructed to propose to the Finnish Government the establishment of diplomatic relations between the United States and Finland.

1 Department of State Bulletin, September 30, 1945, p. 478.

• Department of State Bulletin, August 26, 1945, p. 283. Although the United States did not declare war on Finland, the Finnish Legation at Washington and the United States Legation at Helsinki were used in June 1944. Diplomatic relations between the United States and Finland were renewed August 31, 1945. Armistice signed by the Governments of the United Kingdom and the Soviet Union, acting on behalf of the United Nations at war with Finland, and the Government of Finland, September 19, 1944, Department of State Bulletin of February 18, 1945, pp. 261-268; text of treaty of peace with Finland, signed at Paris on February 10, 1947, Department of State publication 2743, European Series 21.

GERMANY 1

86. DECLARATION OF WAR WITH GERMANY, DECEMBER 11, 1941

JOINT RESOLUTION Declaring That a State of War Exists Between the Government of Germany and the Government and the People of the United States and Making Provision to Prosecute the Same 2

Whereas the Government of Germany has formally declared war against the Government and the people of the United States of America: Therefore be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of war between the United States and the Government of Germany which has thus been thrust upon the United States is hereby formally declared; and the President is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Government of Germany; and, to bring the conflict to a successful termination, all of the resources of the country are hereby pledged by the Congress of the United States.

Approved, December 11, 1941, 3:05 p. m., E. S. T.

87. THE MORGENTHAU PLAN, 1943

3

Program To Prevent Germany From Starting a World War III 3 1. Demilitarization of Germany

It should be the aim of the Allied Forces to accomplish the complete demilitarization of Germany in the shortest possible period of time after surrender. This means completely disarming the German Army and people (including the removal or destruction of all war material), the total destruction of the whole German armament industry, and the removal or destruction of other key industries which are basic to military strength.

2. New Boundaries of Germany

(a) Poland should get that part of East Prussia which doesn't go to the U. S. S. R. and the southern portion of Silesia.

(b) France should get the Saar and the adjacent territories bounded by the Rhine and the Moselle Rivers.

(c) As indicated in 4 below an International Zone should be created containing the Ruhr and the surrounding industrial areas.

1 Documents on the problems of war criminals, dismantling and reparations will be found in Part VIII below.

2 55 Stat. 796.

3 This memorandum was printed as the first few pages of Henry Morgenthau, Jr., Germany Is Our Prob lem, Harper and Brothers Publishers, New York and London, 1945. Although it was taken to Quebec by President Roosevelt and Mr. Morgenthau in August 1943 and there provisionally approved by President Roosevelt and Prime Minister Churchill, it never was adopted as the policy of the United States nor was this memorandum ever issued as an official document of the United States. It is included here for handy reference only because so much controversy has raged about it.