DANUBE NAVIGATION AGREEMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-01035R000100040018-9
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 2
• Document Creation Date: December 14, 2016
• Document Release Date: February 15, 2001
• Sequence Number: 18
• Publication Date: March 30, 1948
• Content Type: REPORT

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INFORMATION REPORT
Approved For
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; Riiikaga011\14g RDP-81-01035R000f000468164
DATE DISTR. 30 Xarch 1948
NO. OF PAGES 2
COUNTRY Tegosiserla
SUBJECT
Dapnbe Navigation Agreement
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NO. OF ENOLS.
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SUPPLEMENT TO
REPORT NO.
Specif whAt are Thgoslavia's intentions for the change of the exiet4.
ing agreement between herself and Rumania for the operation of the Iron Gates,
AO The Adminietration sat up by the agreement ooncluded after the war, has thil
oharaoter of elienis rebus geetio. The name of the Administration, aeoording
to the prarleion of the agreement is The Provisional Iron Qat e Administration
et the Permanent Internatioeal Comedssion of the Danube" and the title ofethe
representatives of the participating countriee is "Delegate of to the
Provisional Iron Gates Adninistration at the Permanent International Comminsion
of the Danube" - Note the term :Permanent International Commission of the,
Denube. The word Permanent WAS not even coetained in the official title of
tOtteConmission before the um
Ileits documents the Administiation refere to itself by the above title, iaad
the representative sign the dominant? with the above title. Furthermore,J
the *gramma* refers to provisions of the pre-war agreements and pledges .he
(lounteies to observe the rulelOof these agreenents. AA the agreasomt olearly
eletatains recognition of pre-'Jai international acts reeulating the utatue of the
4relube, the Foreign Office realised that euek a documeat, bound to be dleolosod
ate future conference en the Danubeee status, could prove rather enharreSeinE
if tte Foveai,;e Office _e yeet ohaeged oireunstances rendered all previoue
international acts non-existent. it was therefore suggested that a new aGiee-
innt be made and so phrased as to give no recognition to the validity of the
pro-wax' status. No change in the operation cif the Gatee was contemplate&at
that times, however.
During the war and after, name agreenents and treaties with or cornernintdthe
"denooratie countries" were concluded, a tenainology was employed whichn4aviet
by continoue practice achieved a commonly recognised meaning, was conaid4ed
muffioient to regulate the given isec. Tet, it has been proved in any
stances, that the terminology so employed could be nettle meaningless by simply
divesting the tense employed of their aacepted meaning, and by taking as
granted everything not explicity forbidden or clearly defined, with the 1
"democratic countries" tretending to reMain strictly within the lettore of the
acts. Recent ineerentional dommente such as the ITO charter have therefore
incorporated sefeguards, Such safeguards, will probably be neoessary in the
ease of Danube agreements?
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The aim Of the "democratic countries" is to secure dominution on the
Denube, and to exclude "imperialistic powers" from it, By installing
puppet governments in the majority of the littoral states and by gain-
ing actual control and hold of the majority of ships plying between
the Delta and Regeneburg by mays of the mixed companies, they have
practically achieved domination. As long as the principle of free
navieation is maintained, however, they cannot achieve exclusion of les
"imperialistic powers".
Yet there is danelr in the term, "free navieetion"; it has ostensibly
lost its original meanieg4:-Alebotage long ago ceased to be regarded as an
element of "free navieation". The term has also lost a part or its mean-
ing leach was considered lalnIrent in it, in fact which wes the very reason
for its introduction, i.e. commeroial eeuality. Obviously there can be
no commercial equality when every com..;ercial interchange is a result of
eovernment-made agreements and the private citizen in the eariet orbit
is excluded fro: Foreii trade which has beoome a state monopoly.
At present, the practical eossibilities of free navieation on the Danube
av restricted to;
Jac:urine, for vessels of all flags, 400056 to the utmost parts of the
river;
necurine, for companies based in countries in the Danube area but out-
side of the Soviet orbit, all the acceseories necessary to maintain
navigation in the Soviet sphere. These aocessories would inolude ware-
houses, ports, pilots, and winter harbor facilities.
If proper safeeuards are not incorporated in the Danube agreement, the
riparian states will have many loopholes by which thenean render naviga-
tion on the Danube practically impossible while still maintaining the letter
cn the law, They could, for example, assert that mixed companies are entities
seeerate from tho staee, then transfer all navigation facilities to the mixed
companies end disown all responsibility for any violations of the free naviea-
tion principle which the companies may subsequently :sake.
The provisions contained in Article 23 of the Danube Statute regulating
transit formalities are strict, Thee could te made more strict by the agencies,
entrusted with eutorcine them. They could also be chaneed by the riparian
states to such an extent that it mould be dieficult net to violete them
unintentionally. It is easy to imagine the possibilities of "unintentional"
violations by .Nindeeired" vessels, and the exploitation of suoh incidents
by the riparian states eager to defend their "sovereien tiehts" and "under-
take measures to prevent texture encroeohments by imperialistic powers, etc,"
Bistory records previous instances where the principle of free navieution
was eroclaimed, then frustrated by the same powers who had proclaimed it.
The Treaty of Mains in 1831, for example, provided for free navieation ni the
Vans.. A proviiion inserted in the treaty, heeever, made possession of a
navigator's licence obligatory for all ship's easter& but, at the sate time,
deelared the masters of foreign vessels inelieible to reoeive such a licence.
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