103. RECOGNITION OF AUSTRIAN GOVERNMENT, JANUARY 7, 1946 1 In accordance with the resolution of December 18, 1945 of the Allied Council in Austria, the members of the Council unanimously recommended to their respective governments that the Austrian Government formed by Chancellor Leopold Figl as a result of the mandate received in the elections of November 25, 1945 be recognized by the states represented on the Council. The recognition of the Austrian Government has been approved by the President, and the United States member of the Allied Council has been instructed to notify the Austrian Government to this effect. The President has in addition sent the following telegram to Dr. Karl Renner on the occasion of his election to the presidency of the Austrian Republic: "I wish to extend to you my sincere congratulations on your election as President of the Austrian Republic and my best wishes in your task of completing the liberation of Austria and the revival of an independent and democratic state. I can assure you that the people of the United States will wish to assist Austria in this endeavor." The recognition of the Austrian Government by the United States. in no way affects the supreme authority of the Allied Council. The Council will continue to operate in carrying out the Allied objectives in Austria. As the Council proceeds with its task of eliminating Nazi influences and institutions in Austria, and assisting in the reconstruction of democratic life, it is hoped that a large-scale reduction may be made in the number of occupation troops of the four states and that Austria may progressively acquire the status of an independent state. The United States Government also hopes that an Austrian agent will arrive soon in Washington to discuss matters of mutual interest which do not affect the supreme authority of the Allied Council. 104. CONTROL MACHINERY IN AUSTRIA 2 Agreement Between the Governments of the United Kingdom, the United States of America, the Union of Soviet Socialist Republics and the Government of the French Republic on the Machinery of Control in Austria, June 28, 1946 The Governments of the United Kingdom of Great Britain and Northern Ireland, the United States of America, the Union of Soviet Socialist Republics and the Government of the French Republic (hereinafter called the Four Powers); In view of the declaration issued at Moscow on 1st November, 1943, in the name of the Governments of the United Kingdom, the United States of America and the Union Soviet Socialist Republics, whereby the three Governments announced their agreement that Austria should be liberated from German domination, and declared that they wished to see reestablished a free and independent Austria, and in view of the subsequent declaration issued at Algiers on 16th November, 1943 by the French 1 Department of State Bulletin, January 20, 1946, p. 81. Committee of National Liberation concerning the independence of Austria; Considering it necessary, in view of the establishment, as a result of free elections held in Austria on 25th November, 1945, of an Austrian Government recognized by the Four Powers, to redefine the nature and extent of the authority of the Austrian Government and of the functions of the Allied organization and forces in Austria and thereby to give effect to Article 14 of the Agreement signed in the European Advisory Commission on 4th July, 1945; Have agreed as follows: ARTICLE 1 The authority of the Austrian Government shall extend fully throughout Austria, subject only to the following reservations; (a) The Austrian Government and all subordinate Austrian authorities shall carry out such directions as they may receive from the Allied Commission: (b) In regard to the matters specified in Article 5 below neither the Austrian Government nor any subordinate Austrian authority shall take action without the prior written consent of the Allied Commission. ARTICLE 2 (a) The Allied organization in Austria shall consist of (i) an Allied Council, consisting of four High Commissioners, one appointed by each of the Four Powers; (ii) an Executive Committee, consisting of one high ranking representative of each of the High Commissioners; (iii) Staffs appointed respectively by the Four Powers, the whole organization being known as the Allied Commission for Austria. (b) (i) The authority of the Allied Commission in matters affecting Austria as a whole shall be exercised by the Allied Council or the Executive Committee or the Staffs appointed by the Four Powers when acting jointly. (ii) The High Commissioners shall within their respective zones ensure the execution of the decisions of the Allied Commission and supervise the execution of the directions of the central Austrian authorities. (iii) The High Commissioners shall also ensure within their respective zones that the actions of the Austrian provincial authorities deriving from their autonomous functions do not conflict with the policy of the Allied Commission. (c) The Allied Commission shall act only through the Austrian Government or other appropriate Austrian authorities except: (i) to maintain law and order if the Austrian authorities are unable to do so; (ii) if the Austrian Government or other appropriate Austrian authorities do not carry out directions received from the Allied Commission; (iii) where, in the case of any of the subjects detailed in Article 5 below, the Allied Commission acts directly. (d) In the absence of action by the Allied Council, the four several High Commissioners may act independently in their respective zones in any matter covered by subparagraphs (i) and (ii) of paragraph (c) of this Article and by Article 5, and in any matter in respect of which power is conferred on them by the agreement to be made under Article 8 (a) of the agreement. (e) Forces of occupation furnished by the Four Powers will be stationed in the respective zones of occupation in Austria and Vienna as defined in the Agreement on Zones of Occupation in Austria and the administration of the City of Vienna, signed in the European Advisory Commission on 9th July, 1945. Decisions of the Allied Council which require implementation by the forces of occupation will be implemented by the latter in accordance with instructions from their respective High Commissioners. ARTICLE 3 The primary tasks of the Allied Commission for Austria shall be: (a) To ensure the enforcement in Austria of the provisions of the Declaration on the Defeat of Germany signed at Berlin on 5th June, 1945; (b) To complete the separation of Austria from Germany, and to maintain the independent existence and integrity of the Austrian State, and pending the final definition of its frontiers to ensure respect for them as they were on 31st December, 1937; (c) To assist the Austrian Government to recreate a sound and democratic national life based on an efficient administration, stable economic and financial conditions and respect for law and order; (d) To assist the freely elected Government of Austria to assume as quickly as possible full control of the affairs of state in Austria; (e) To ensure the institution of a progressive long-term educational program designed to eradicate all traces of Nazi ideology and to instill into Austrian youth democratic principles. ARTICLE 4 (a) In order to facilitate the full exercise of the Austrian Government's authority equally in all zones and to promote the economic unity of Austria, the Allied Council will from the date of signature of this Agreement ensure the removal of all remaining restrictions on the movement within Austria of persons, goods, or other traffic, except such as may be specifically prescribed by the Allied Council or required in frontier areas for the maintenance of effective control of international movements. The zonal boundaries will then have no other effect than as boundaries of the spheres of authority and responsibility of the respective High Commissioners and the location of occupation troops. (b) The Austrian Government may organize a customs and frontier administration, and the Allied Commission will take steps as soon as practicable to transfer to it customs and travel control functions concerning Austria which do not interfere with the military needs of the occupation forces. ARTICLE 5 The following are the matters in regard to which the Allied Commission may act directly as provided in Article 2 (c) (iii) above: (i) Demilitarization and disarmament (military, economic, industrial, technical and scientific). (ii) The protection and security of the Allied forces in Austria, and the fulfilment of their military needs in accordance with the Agreement to be negotiated under Article 8 (a). (iii) The protection, care and restitution of property belonging to the Governments of any of the United Nations or their nationals. (iv) The disposal of German property in accordance with the existing agreements between the Allies. (v) The care and evacuation of, and exercise of judicial authority over prisoners of war and displaced persons. (vi) The control of travel into and out of Austria until Austrian travel controls can be established. (vii) (a) The tracing, arrest and handing-over of any person wanted by one of the Four Powers or by the International Court for War Crimes and Crimes against Humanity. (b) The tracing, arrest and handing-over of any person wanted by other United Nations for the crimes specified in the preceding paragraph and included in the lists of the United Nations Commission for War Crimes. The Austrian Government will remain competent to try any other person accused of such crimes and coming within its jurisdiction, subject to the Allied Council's right of control over prosecution and punishment for such crimes. ARTICLE 6 (a) All legislative measures, as defined by the Allied Council, and international agreements which the Austrian Government wishes to make except agreements with one of the 4 Powers, shall, before they take effect or are published in the State Gazette be submitted by the Austrian Government to the Allied Council. In the case of constitutional laws, the written approval of the Allied Council is required, before any such law may be published and put into effect. In the case of all other legislative measures and international agreements it may be assumed that the Allied Council has given its approval if within thirty-one days of the time of receipt by the Allied Commission it has not informed the Austrian Government that it objects to a legislative measure or an international agreement. Such legislative measure or international agreement may then be published and put into effect. The Austrian Government will inform the Allied Council of all international agreements entered into with one or more of the 4 Powers. (b) The Allied Council may at any time inform the Austrian Government or the appropriate Austrian authority of its disapproval of any of the Legislative measures or administrative actions of the Government or of such authority, and may direct that the action in question shall be cancelled or amended. |