Foreign Relations of the United States: Diplomatic Papers, Conferences at Malta and Yalta, 1945

860H.01/12–1644

The Ambassador Near the Yugoslav Government in London (Patterson) to the Secretary of State

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No. 7

London, December 16, 1944.

Subject: Agreements between Dr. Subasic and Marshal Tito.

Sir: I have the honor to report that Prime Minister Subasic today handed me translations of the following agreements between himself and Marshal Tito:

1. Agreement of November 1, 1944.

2. Agreement entitled “Elections for the Constituent Assembly and Organization of Public Powers”, dated December 7, 1944.

3. Agreement entitled “Property of H. M. the King and Regency Council”, dated December 7, 1944.

4. Communiqué dated December 7, 1944.

Copies of these translations are enclosed. The translation of the agreement of November 1, 1944 is apparently a revision of the undated draft submitted by Mr. R. E. Schoenfeld in his despatch (Yugoslav) No. 18 of November 8, 1944,¹ and the two versions are not essentially different. Enclosures Nos. 2, 3 and 4 comprise the “supplemental agreements” referred to in my telegram Yugos 8 of December 12, 1944.¹ The wording of these agreements is far from precise in some instances and would seem to permit considerable latitude in interpretation.

Respectfully submitted,

Richard C. Patterson, Jr.

[Enclosure 1]

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Agreement

between the President of the National Committee of Liberation of Yugoslavia, Josip Broz Tito, and the Prime Minister of the Royal Yugoslav Government, Dr. Ivan Subasic.

In compliance with the principle of the continuity of the Yugoslav State from the point of view of international law, and the clearly expressed will of all Yugoslav nations, demonstrated by their four years’ struggle for a new, independent and federal State, built up on the principles of democracy, we desire and make every effort for the people’s will to be respected at every step and by everybody, both with regard to the internal organization of the State and to the form of government, and therefore intend to comply with the fundamental and general principles of constitutional government proper to all truly democratic States.

Yogoslavia being acknowledged among the United Nations in its established form, and functioning as such, we shall continue to represent our country abroad and in all acts pertaining to foreign policy in the same way, up to the time when our State, the democratic, federative Yugoslavia of the future, assumes, by a free decision of the people, the definite form of its government.

In order to avoid any possible tension of relations in the country, we have agreed that King Peter II shall not return to the country until the people have pronounced their decision in this respect, and that in his absence the Royal Power should be wielded by a Regency Council.

The Regency Council will be appointed by a constitutional act of the Bang, on the proposal of the Royal Government, and in agreement with the President of the National Committee of Liberation of Yugoslavia, Marshal J. B. Tito, and the President of the Royal Government, Dr. Ivan Subasic. The Regency Council take their oath to the King, while the Government take their oath to the people.

The President of the National Committee of Liberation of Yugoslavia, Marshal Josip Broz Tito, and the President of the Royal Yugoslav Government, Dr. Subasic, with the full concurrence of the Anti-Fascist Council of Liberation of Yugoslavia, agree that the Govern ment be formed as follows:

1. President;

2. Vice-President;

3. Minister of Foreign Affairs;

4. Minister of the Interior;

5. Minister of National Defense;

6. Minister of Justice;

7. Minister of Education;

8. Minister of Finance;

9. Minister of Trade and Industry;

10. Minister of Communications;

11. Minister of Post, Telegraphs and Telephones;

12. Minister of Forests;

13. Minister of Mines;

14. Minister of Agriculture;

15. Minister of Social Welfare;

16. Minister of National Health;

17. Minister of Public Works;

18. Minister of Reconstruction;

19. Minister of Food;

20. Minister of Information;

21. Minister for Colonization;

22. Minister for the Constituent Assembly;

23. Minister of State for Serbia;

24. Minister of State for Croatia;

25. Minister of State for Slovenia;

26. Minister of State for Montenegro;

27. Minister of State for Macedonia;

28. Minister of State for Bosnia and Hercegovina.

This form of government in Yugoslavia shall remain in force up to the decision of the Constituent Assembly, i. e., until the final constitutional organization of the State will be established.

The new Government will publish a declaration proclaiming the fundamental principles of the democratic liberties and guaranteeing their application. Personal freedom, freedom from fear, freedom of worship, liberty of conscience, freedom of speech, liberty of the press, freedom of assembly and association, will be specially emphasized and guaranteed; and, in the same way, the right of property and private initiative. The sovereignty of the national individualities within the State and their equal rights will be respected and safeguarded, as decided at the Second Session of the Anti-Fascist Council of National Liberation of Yugoslavia. Any predominance of one nation over another will be excluded.

November 1, 1944.

The President of the Royal Yugoslav Government:

Dr. Ivan Subasic

November 1, 1944.

The President of the National Committee of Liberation of Yugoslavia:

J. B. Tito

[Enclosure 2]

Elections for the Constituent Assembly and Organization of Public Powers

1. Elections for the Constituent Assembly will be decided upon within three months of the liberation of the whole country. The elections will be held in accordance with the Law on Elections for the Constituent Assembly which will be enacted in good time. This law will guarantee complete freedom of elections, freedom of assembly and speech, liberty of the press, franchise for all and a secret ballot, as well as the right of independent or united political parties, corporations, groups and individuals—who have not collaborated with the enemy—to present lists of candidates for the election. All those whose collaboration with the enemy will have been proved, will be deprived of both the right to elect and to be elected.

2. The Anti-Fascist Council of the National Liberation of Yugoslavia will wield the legislative power until the Constituent Assembly will have completed its task.

3. The Government will be responsible for the organization of the executive power.

4. One of the first and foremost tasks of the new Government will be to organize the judiciary power in the country in a democratic spirit. The Courts of Justice will be independent in their proceedings and the judges will decide according to the law and to their conscience.

December 7, 1944.

J. B. Tito
Dr. Ivan Subasic

[Enclosure 3]

Property of H. M. the King and Regency Council

1. H. M. King Peter II can dispose of his estates and property in the country during his absence. The superintendence of the Royal Estates will for that period be under the supervision of the Regency Council.

2. Regular intercourse between H. M. the King and the Regency Council will be established and guaranteed.

3. In case of disability, ill-health, death or resignation of one of the Regents, H. M. the King will, on the proposal of the Government, appoint one other Regent in his place.

Belgrade, December 1944.

J. B. Tito
Dr. Ivan Subasic

(Note by Embassy: The Croatian copy of the above agreement is dated December 7, 1944)

[Enclosure 4]

Communiqué

In the course of the negotiations which have taken place in Belgrade between the President of the National Liberation Committee of Yugoslavia, Marshal Josip Broz Tito, and the Prime Minister of the Royal Yugoslav Government, Dr. Ivan Subasic, before and after Dr. Subasic’s visit to Moscow, and completed on December 7, 1944, both the question of the formation of a single Yugoslav Government and the question of the transitional regime of the Yugoslav State, pending the decisions of the Constituent Assembly, have been exhaustively discussed.

At that occasion, it was decided that a single Yugoslav Government be formed, consisting of representatives of all nations and federal units of Yugoslavia and including individuals of various political opinions supporting the fundamental aspirations of the national liberation struggle. This Government would be expected, as early as may be, to establish civic authorities in the country, to proceed to economic reconstruction, and to prepare and carry out elections to the Constituent Assembly.

Decisions were also taken making it possible for the nations of Yugoslavia to express, in these elections, their true will in full freedom.

During the talks, Marshal Tito and Dr. Subasic discussed the provisional regime to be set up in the transitional period before the elections, bearing in mind the achievements in the struggle for national liberation, conditions and feelings throughout the country, as well as the international status of Yugoslavia among the United Nations.

Belgrade, December 7, 1944.

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