Office of the Historian

CFM Files

United States Delegation Journal

October 4, 1946, 10 a.m.

USDel (PC) (Journal) 61

The Commission heard a statement by the Bulgarian Delegation on Bulgarian reparation, which reviewed Bulgaria’s part in the war against Germany, described the Greek and Yugoslav claims as not corresponding to the facts of the small damages inflicted by Bulgarian forces, analyzed Bulgaria’s extremely limited capacity to pay, and asked the Conference to establish a minimum reparation obligation, payment of which would be deferred for several years. At request of the U.K. representative further consideration of the problem was postponed until 9 p.m.

The Commission considered Annex 5, Section I of the Rumanian Treaty (Contracts, Prescriptions and Negotiable Instruments). Mr. Reinstein (U.S.) explained that, owing to the constitutional position of the Federal Government, the U.S. could not accept any obligations on the matters covered by the Annex and introduced an amendment to this effect. After an exchange of views, in which the same views were expressed as in the discussion of the corresponding Annex of the Italian Treaty, the Commission voted on the U.S.S.R. proposal to exclude such an Annex from the Treaty, the result being 5 to 5 (Australia, France, U.K., India, South Africa) with four abstentions [Page 663] (U.S., Canada, Greece, New Zealand). The U.S. amendment was accepted by 8 votes to 3 (Ukraine, U.S.S.R., Yugoslavia) with 3 abstentions (Byelo-Russia, New Zealand, Czechoslovakia). The Commission rejected the U.K. proposal as a whole (as modified by the French amendment to para. 1) by 7 votes to 5 (Australia, France, U.K., Greece, and South Africa).

The Commission rejected the Soviet proposal on Periods of Prescription, Annex 5, Section II (as modified by the French and Yugoslav amendments) by 7 votes to 6 with one abstention. The vote on the U.K. proposal was 6 to 6 with 2 abstentions.

The Soviet proposal to delete Annex 5, Section III, Negotiable Instruments, having been rejected by 8 votes to 5 with one abstention, the Commission adopted the U.K. proposal by 7 votes to 5 with 2 abstentions.

The Soviet proposal to delete Annex 5, Section IV, Miscellaneous, having been rejected by 7 votes to 6 with one abstention, the Commission voted on the U.K. proposal, the result being a 6 to 6 tie with two abstentions.6

Annex 6, Part A, Prize Courts was adopted unanimously.

The U.S. proposal, supported by the U.S.S.R., for Annex 6, Part B, Judgments, was adopted by 7 votes to 6 with one abstention. (The French proposal was defeated by 9 votes to 2 with 3 abstentions and the U.K. proposal by 7 votes to 5 with 2 abstentions.)

Article 33 of the Rumanian Treaty (Effect of Annexes) was unanimously adopted.

The U.S. Delegation proposed the addition of a new sentence to paragraph 3 of Article 23 (United Nations Property in Hungary) of the Hungarian Treaty, to provide for the special problem of transfers after November 2, 1938 which resulted from force or duress or from measures taken under discriminatory legislation by the Hungarian Government or its agencies in Czech territory annexed by Hungary.7 This addition was unanimously approved, as was the paragraph as amended.

  1. Regarding the action of the Commission on Annex 5, see C.P.(Plen) Doc. 29, Report of the Commission on the Draft Peace Treaty with Rumania, vol. iv, pp. 434, 451.↩
  2. For text, see C.P. (Plen) Doc. 34, Report of the Commission on the Draft Peace Treaty with Hungary, ibid., p. 535.↩