Foreign Relations of the United States: Diplomatic Papers, 1945, Europe, Volume IV

740.00119 European War 1939/12–1045: Telegram

The Ambassador in Italy (Kirk) to the Secretary of State

Rome, December 10, 1945—6 p.m.
[Received 7:30 p.m.]

3981. AC has replied to AFHQ request for comments on Fan 629²³ (see my 3946, Dec 7) by suggesting termination of long and short armistice terms and their replacement by interim document and civil affairs agreement between Italian Govt and SAC representing United Nations. AC has suggested that civil affairs agreement be along lines of US draft prepared at AFHQ in Sept. AC draft document representing interim agreement to replace existing armistice terms contains preamble with 8 “whereas” clauses and 20 articles. Summary of agreement follows:

“Whereas” clauses recite history of Italian surrender, co-belligerency, contribution to war against Germany, elimination of Fascism, and desire to establish free and democratic form of govt. First paragraph body of Agreement provides for termination of short and long terms and “terms of restoration of Italian territory” beginning with those of Feb 11, 1944,²⁴ and subsequent similar documents. Relations of contracting parties will thereafter be governed by following provisions:

1. United Nations and Allied Forces in Italy will be assisted by Italian Govt to utmost of its power.

2. Italian Govt and people will be assisted toward restoration of political and economic life by United Nations.

3. Civil affairs agreement “attached to and forming part of this agreement” will govern relations between Allied Forces in Italy and Italian Govt.

4. Except as set forth in this agreement and civil affairs agreement Italian Govt shall have full jurisdiction and power of administration over all territory restored to it.

5. Italian Govt shall have sole jurisdiction over Italian foreign relations.

6. Recalling Allied Govts pledge to Italian people to choose their own form of govt and to ensure fullest possible expression of Italians’ wishes in this respect, Italian Govt undertakes to submit institutional question to Italian people in form of national referendum or plebiscite.

7. Subject to provisions made known by SAC and agreed by Italian Govt Italian Armed Forces will be under control of latter.

8. For purposes of advising and assisting Italian Govt it agrees to accept as Missions existing Air, Navy and Army Subcommissions of AC.

9. To advise and assist Italian Govt it agrees to existing Public Safety Subcommission of AC as Police Mission.

10. Without permission of SAC Italian Govt agrees to no fortifications, military installations, armaments or defenses.

11. To extent authorized by United Nations Italian Govt agrees to limit manufacture, production, construction war material.

12. Subject to limitations already made known and being progressively modified Italy shall have full financial intercourse with any foreign country.

13. Effective foreign exchange control agency and continued consultation with United Nations Diplomatic Missions in Rome on international economic objectives is agreed by Italian Govt.

14. Present agreement does not prejudice in any way final disposition of Italian territory.

15. Present agreement does not prejudice final settlement or impair rights of United Nations and Allied forces regarding:

a. Obligation of Italian Govt to assume responsibility for all AM²⁵ lire currency and to make available Italian currency as required;

b. Reparations for war damages suffered by United Nations and Allied Forces;

c. Full cost of Allied occupation of Italy.

16. Desequestration of United Nations property.

17. Reciprocal return of stolen works of art.

18. SAC reservation of right in event present terms of agreement not complied with.

19. SAC shall establish “for mutual regulation and implementation” of present agreement including civil affairs agreement, an “Allied Liaison Mission”. Navy, Army, Airforce and Police Missions activities will be coordinated under Allied Liaison Mission (this would in effect be successor to AC).

20. Definition of terms and time limit of present agreement.

Sent Dept repeated AmPolAd 1237.

Kirk

23. Not printed.
24. On February 11, 1944, the Commander in Chief of the Allied Forces handed over to Italian jurisdiction the territories south of the northern boundary of the provinces of Salerno and Potenza, together with Sicily and Sardinia on a specified condition.
25. Allied military.