740.00119 EW/11–145: Telegram
Mr. Alexander C. Kirk, Political Adviser to the Supreme Allied Commander, Mediterranean Theater, to the Secretary of State
[Received 9:21 p.m.]
4013. For Matthews. Reference our 4012, 1 November, 5 p.m.98 The following draft commentary has been prepared at AFHQ but has not been submitted to Combined Chiefs of Staff. It should not under [Page 1077] any circumstances be made known outside Department and is being sent to you with thought that it might be particularly helpful at this time.
“Supreme Allied Commander Mediterranean’s comments on additional conditions of armistice with Italy and the Cunningham-De Courten agreement are given below.99 It is recommended that these two documents with SACMED’s comments should be released for publication in the forms shown below. It is again stressed that the Cunningham-De Courten agreement should be published in its entirety. FX 49611 of 20 October refers. It is not considered that any comments on other papers under consideration for release are necessary. Additional conditions of armistice with Italy comment on the extent to which certain clauses of the following agreement signed on behalf of the United Nations on the one hand and the Italian Government on the other have been implemented or modified is shown in italics under the relevant clauses. The remaining clauses have either been superseded by events and are therefore dormant, or are still in force. These clauses are not commented upon.
(Note: Clauses of armistice terms to be inserted above each applicable comment).
Clauses 1–5 were complied with.
6–12. With the cooperation of the Italian Government, the Italian armed forces have been used to the maximum useful extent in the services of the United Nations and have contributed towards final victory. In particular the Italian Navy has been employed in accordance with the Cunningham-De Courten agreement.
14. While Italian merchant ships have been employed in the general interests of the United Nations, they have been primarily employed in the Italian interest, Italian Inland Transport and ports have now been largely returned to Italian administration except in so far as redeployment and maintenance of Allied Forces had to be effected.
15. The provision of this clause, as regards small vessels and craft, have not been fully satisfied owing to the difficulty of locating and identifying the vessels and craft concerned.
16. Control of radio has been returned to the Italian Government. All military and rehabilitated civilian telecommunications have been and will continue to be handed over to the Italians as military requirements decrease. Internal censorship has been abolished in the areas under Italian Government control.
18. The second sentence of this clause has never been invoked, except in two frontier areas.
19. Care has been taken to conserve wherever possible Italian resources for the use of the civil economy and to utilize local goods and services only when military necessity demanded. The Allied Forces Local Resources Board, on the committees of which Italian representatives have sat, was established as the allocation agency. [Page 1078] While the legal rights of the Allied Forces under this clause have not been modified, in practice it has been administered with as much regard as possible for Italian needs. With the redeployment of Allied troops from Italy the utilization of local resources and facilities is diminishing rapidly. In addition, substantial quantities of food, coal, clothing and other commodities have been imported into Italy by the United Nations, largely in United Nations’ ships to supplement local resources and to alleviate distress.
20. Allied Military Government was rigorously enforced in combat zones for obvious operational reasons. This was progressively relaxed as the battle moved forward until territories were handed over wholly to Italian administration.
21. As Allied Forces are redeployed, facilities are progressively being handed back to Italian control.
22. With the declaration of war upon the Germans by the Italian Government in October 1943 and the cooperation and loyalty of the Italian people to the Allied cause, there has never been any necessity to invoke this clause.
23. The Italian Government has been informed that the AC will no longer intervene in Italian internal financial affairs (except in cases of Allied military necessity) and that, with certain exceptions, the Italian Government need no longer obtain the approval of the AC (Allied Commission) prior to the execution of external financial transactions. The Italian Government is now free to fix or negotiate exchange rates for the lira without prior consultation with the AC (Allied Commission).
24. Private export trade may now be resumed and all types of commercial and financial correspondence may now go forward from Italy to the non-enemy world, subject to the Italian Govt putting into force certain trade control measures similar to those employed by the United Nations.
26. This clause is no longer enforced, and, provided an individual has the necessary civil document such as passport, visas, et cetera, there is nothing to prevent him leaving Italian territory, subject of course to the immigration laws and regulations of the countries of intended destination.
30 and 31. The Italian Government has of its own volition done all that could have been required.
32. This clause has been complied with and is, in the case of Sub-clauses A and B, no longer applicable. As regards Sub-clause C, the Italian Government has cooperated loyally in carrying out such instructions as have been given concerning the preservation and administration of United Nations’ property in Italy, previously sequestered by the Italian Government.
33. The paragraph of Sub-clause 33 (B) that deals with the disposal of foreign assets has been modified in favor of the Italian Government.
36 and 37. The execution of these clauses has been modified by the Macmillan aide-mémoire of 24 February, 1945.1 Practice (41) Albania is no longer included in the definition of Italian territory.
[Page 1079]Cunningham-De Courten agreement underlined the following general comments show the extent to which certain clauses have been implemented or modified.
- 1.
- As explained in the document, this agreement was produced in modification of the armistice terms so that the Italian fleet and mercantile marine could assist in the prosecution of the war against the Axis powers.
- 2.
- The provisions of this agreement have been carried out and those provisions that remain operative with the cessation of hostilities are still being carried out.
- 3.
- While the employment of Italian ships has been of use to the United Nations, it is pointed out that considerable United Nations’ resources have been expended in Italy to help the Italian Government by keeping the Italian ships running and their crews fed and clothed.
- 4.
- In addition to the use of Italian mercantile shipping under this agreement, a number of smaller Italian merchant ships have been returned to the control of Italian authorities.”
In addition to the foregoing SAC will recommend to CCS that he considers it of the utmost importance that these comments be agreed by Italian Government prior to publication of armistice papers.