Foreign Relations of the United States, 1946, Paris Peace Conference: Documents, Volume IV

CFM Files

Record of Recommendations by the Conference on the Draft Peace Treaty With Finland

undated

I. By a majority of two-thirds or more.

a. Article of the Draft peace Treaty drawn up by the Council of Foreign Ministers, adopted without modification.

• Preamble, §§ 1, 2, 3, 5.
• Article 1.
• Article 2.
• Article 3.
• Article 4.
• Article 5.
• Article 6.
• Article 7.
• Article 8.
• Article 9.
• Article 10.
• Article 11.
• Article 12.
• Article 13.
• Article 14.
• Article 15.
• Article 17.
• Article 18.
• Article 19.
• Article 20.
• Article 21.
• Article 23.
• Article 24, §§ 1, 2, 3, 5, 6, 7, 8.
• Article 25.
• Article 26, §§ 1 and 2.
• Article 27, §§ 1, 2 and 4.
• Article 28, §§ 1a and b.
• Article 31.
• Article 32.
• Article 34.
• Annex 1.
• Annex 2.
• Annex 3.
• Annex 4, section A, §§ 1, 2, 3, 5, 6 and 8.
• Annex 6, section A.

b. Articles of the Draft peace Treaty drawn up by the Council of Foreign Ministers, adopted with modification and new recommendations.

• Preamble, § 4.
• Article 13a (new article).
• Article 16.
• Article 24, § 4a.
• Article 27, § 3.
• Article 28, § 1c (civil aviation).
• Article 28, § 2.
• Article 29.
• Article 30.
• Article 33.
• Annex 4, Section A, §§ 4 and 7.

II. Adopted by a simple majority.

a. Articles of the Draft peace Treaty drawn up by the Council of Foreign Ministers adopted without modification.

• Article 22.

b. Articles of the Draft peace Treaty drawn up by the Council of Foreign Ministers, adopted with modification and new recommendations.

• Article 24, § 4a: Extent of compensation of 75 p. 100,^* §§ b, c, d, e.
• Article 28, § 1c (state monopolies).
• Annex 4, Section B.
• Annex 5, Section III.
• Annex 6, Section B.

TEXTS

I.—New Articles and Modification to Articles of the Draft Peace Treaty With Finland Adopted by a Majority of Two-Thirds or More

Preamble

Paragraph 4:

Whereas the Allied and Associated Powers and Finland are respectively desirous of concluding a Treaty of Peace which, conforming to the principles of justice, will settle questions still outstanding as a result of the events hereinbefore recited and will form the basis of friendly relations between them, thereby enabling the Allied and Associated Powers to support Finland’s application to become a Member of the United Nations and also to adhere to any Convention concluded under the United Nations Charter.

Article 13a (new article)

1. As from the coming into force of the present Treaty, Finland will be invited to join the Barents, Baltic, and Black Sea Zone Board of the International Organisation for Mine Clearance of European Waters, and she undertakes to maintain at the disposal of the Central Mine Clearance Board the whole of her minesweeping forces until the end of the post-war mine clearance period, as determined by the Central Board.

2. During this post-war mine clearance period, Finland may retain additional naval units employed only for the specific purpose of mine-sweeping, over and above the tonnage permitted in Article 13, Clause 1b.

Such units are to be handed over to their owners or to be demilitarised with a view to civilian use, within two months of the end of the said period.

3. Finland is also authorised to employ 1.500 additional officers and men for minesweeping over and above the numbers permitted in Article 13(1.b). Two months after the completion of minesweeping, the excess personnel is to be disbanded or absorbed within the numbers permitted in the said Article.

Article 16

Finland shall not possess, construct or experiment with any atomic weapon, any self-propelled or guided missiles or apparatus connected with their discharge (other than torpedoes and torpedo launching gear inherent to naval vessels permitted by this Treaty), sea-mines or torpedoes, of non-contact types actuated by influence mechanisms, torpedoes capable of being manned, submarines or other submersible craft, motor torpedo boats (M. T. B.) or specialised type of assault craft.

Article 24

Paragraph 4, sub-paragraph a:

a. The Finnish Government will be responsible for the restoration to complete good order of the property returned to United Nations nationals under paragraph 1 of this Article. In cases where property cannot be returned or where as a result of the war a United Nations national has suffered a loss by reason of injury or damage to property, he shall receive from the Finnish Government compensation in Finnish marks to the extent of …^† percent of the sum necessary, at the date of payment, to purchase similar property or to make good the loss suffered. In no event shall United Nations nationals receive less favourable treatment with respect to compensation than that accorded Finnish nationals.

Article 27

Paragraph 3:

Finland likewise waives all claims of the nature covered by paragraph 1 of this Article on behalf of the Finnish Government or Finnish nationals against any of the United Nations whose diplomatic relations with Finland have been broken off during the war and which took action in co-operation with the Allied and Associated Powers.

Article 28

Paragraph 1. Sub-paragraph c (civil aviation):

It is further understood that the foregoing provisions of paragraph c shall not apply to civil aviation, but that Finland will grant no exclusive or discriminatory right to any country with regard to the operation of civil aircraft in international traffic, will afford all the United Nations equality of opportunity for obtaining international commercial aviation rights in Finnish territory, and will grant to any United Nation on a basis of reciprocity, and without discrimination, with regard to the operation of civil aircraft in international traffic, the right to fly over Finnish territory without landing and to make landings in Finnish territory for non-commercial purposes.

Paragraph 2:

The foregoing undertakings by Finland shall be understood to be subject to the exceptions customarily included in commercial treaties concluded by Finland before the war, and the provisions with respect to reciprocity granted by each of the United Nations shall be understood to be subject to the exceptions customarily included in the commercial treaties concluded by that Power.

Article 29

Any disputes which may arise in connexion with Articles 23 and 24 and Annexes 4, 5 and 6 of the present Treaty shall be referred to a Conciliation Commission composed of an equal number of representatives of the United Nations Government concerned and of the Finnish Government. If agreement has not been reached within three months of the dispute having been referred to the Conciliation Commission, either Government may require the addition of a third member to the Commission, and failing agreement between the two Governments on the selection of this member, the President of the International Court of Justice shall be requested to make the appointment. The decisions of the Commission, as so constituted, shall be taken by the same procedure as is provided for decisions of the International Court itself in Articles 48 and 55–57 of the Statute of the Court and shall be final and binding on all parties.

Article 30

Articles 23, 24 and Annex 6 of the present Treaty shall apply to the Allied and Associated Powers and France and to those of the United Nations whose diplomatic relations with Finland have been broken off during the war.

Article 33

Except where any other procedure is specifically provided under any Article of the present Treaty, disputes concerning the interpretation or execution of the Treaty shall be referred to the two ministers acting as provided under Article 32 and, if not resolved by them within a period of 2 months, shall, at the request of any party to any dispute, be referred to the International Court of Justice. Any dispute still pending at, or arising after, the date when the Ministers terminate their functions under Article 32, and which is not settled by direct diplomatic negotiations, shall equally, at the request of any party to the dispute, be referred to the International Court of Justice.

Annex IV

Section A

Paragraph 4:

The foregoing provisions concerning the rights of the Allied and Associated Powers or their nationals shall apply equally to Finland and its nationals, but nothing in these provisions shall entitle Finland or its nationals to more favourable treatment in the territory of any of the Allied or Associated Powers than is accorded by such Power in like cases to other United Nations or their nationals, nor shall Finland be required thereby to accord to any of the Allied or Associated Powers or its nationals more favourable treatment than Finland or its nationals receive in the territory of such Power in regard to the matters dealt with in the foregoing provisions.

Paragraph 7:

Finland shall extend the benefits of Section A of this Annex to France and to other United Nations, other than Allied or Associated Powers, whose diplomatic relations with Finland have been broken off during the war and which undertake to extend to Finland the benefits accorded to Finland wider section A of this Annex.

II.—New Articles and Modifications to the Articles of the Draft Peace Treaty With Finland Adopted by a Simple Majority

Article 24

Paragraph 4, sub-paragraphs b, c, d, and e.:

b. United Nations nationals who have ownership interests, held directly or indirectly in corporations or associations which are not United Nations nationals within the meaning of paragraph 8, a, of this Article, but which have suffered a loss by reason of injury or damage to property, shall receive compensation in accordance with sub-paragraph a above. This compensation shall be based on the total loss or damage suffered by the corporation or association and shall bear the same proportion to such loss or damage as the beneficial interest of such nationals bears to the total capital of the corporation or association.

c. Compensation shall be paid free of any levies, taxes or other charges. It shall be freely usable in Finland but shall be subject to the foreign exchange control regulations which may be in force in Finland from time to time.

d. The Finnish Government agrees to accord to United Nations nationals fair and equitable treatment in the allocation of materials for the repair or rehabilitation of their property and in the allocation of foreign exchange for the importation of such materials and will in no event discriminate in these respects against such nationals as compared with Finnish nationals.

e. The Finnish Government shall grant nationals of the United Nations an indemnity in Finnish marks sufficient to compensate, at the date of payment, the losses and damage due to special measures applied to their property during the war, and which were not applicable to Finnish property.

Article 28

Paragraph 1c (state monopolies).

Natural and legal persons who are nationals of any of the United Nations shall be granted national and most-favoured-nation treatment in all matters pertaining to commerce, industry, shipping and other forms of business activity within Finland.

This paragraph shall not be deemed to confer on the United Nations, or their nationals, rights to engage in any branch of commerce, industry, shipping or other form of business activity which under Finnish law is a monopoly of the Finnish State. Nevertheless, the most-favoured-nation principle shall be observed in any such cases in which foreign participation is allowed.

Annex 4

Section B

1. The Finnish Government shall grant every facility to insurers who are nationals of the United Nations to resume possession of their former portfolios in Finland.

2. Should an insurer being a national of any of the United Nations, wish to resume his professional activities in Finland, and should the value of guarantee deposits or reserves required for the operation of insurance concerns in Finland be found to have decreased as a result of the loss or depreciation of the securities which constituted such deposits or reserves, the Finnish Government undertakes to accept such securities as still remain (for a period of three years) as fulfilling the legal requirements in respect of deposits and reserves.

Annex 5

Section III.—Negotiable Instruments

1. As between enemies no negotiable instrument made before the war shall be deemed to have become invalid by reason only of failure within the required time to present the instrument for acceptance or payment or to give notice of non-acceptance or non-payment to drawers or endorsers or to protest the instrument, nor by reason of failure to complete any formality during the war.

2. Where the period within which a negotiable instrument should have been presented for acceptance or for payment, or within which notice of non-acceptance or non-payment should have been given to the drawer or endorser, or within which the instrument should have been protested, has elapsed during the tear, and the party who should have presented or protested the instrument or have given notice of non-acceptance or non-payment has failed to do so during the war, a period of not less than three months from the coming into force of the present Treaty shall be allowed within which presentation, notice of non-acceptance or non-payment or protest may be made.

3. If a person has either before or during the war become liable upon a negotiable instrument in accordance with an undertaking given to him by a person who has subsequently become an enemy, the latter shall remain liable to indemnify the former in respect of his liability notwithstanding the outbreak of war.

Annex 5

Section B

The Finnish Government shall take the necessary measures to enable nationals of any [of] the United Nations at any time within one year after the coming into force of this Treaty to submit to the appropriate Finnish Authorities for review any judgment given by a Finnish Court between June 22, 1941, and the coming into force of the present Treaty in any proceeding in which the United Nations national teas unable to make adequate presentation of his case as plaintiff or defendant. The Finnish Government shall provide that, where the United Nations national has suffered injury by reason of any such judgment, he shall be restored in the position in which he teas before the judgment was given or shall be afforded such relief as may be just and equitable in the circumstances. The term “United Nations nationals” includes corporations or associations organised or constituted under the laws of any of the United Nations.

1. The figure of 75 p. 100 was adopted by a simple majority and the text of paragraph 4a by a majority of two-thirds. [Footnote in the source text.]
2. Figure in blank has been voted by a simple majority. See IIb. [Footnote in the source text.]