Foreign Relations of the United States, 1946, Council of Foreign Ministers, Volume II

C.F.M. Documents: Lot M–88: Box 2079: CFM Documents

Proposals by the Soviet Union Regarding the Free Territory of Trieste²⁰

secret
CFM (46) (NY) 13

New York, November 14, 1946.

Peace Treaty With Italy

Free Territory of Trieste

Amendments to Article 16 (U.S. and French Proposals)²¹ proposed by the U.S.S.R. Delegation at the Meeting of the Council of Foreign Ministers on November 13, 1946

[Note—The words underlined are those proposed by the U.S.S.R. Delegation. Words in brackets are those which the U.S.S.R. Delegation proposes should be deleted.]²²

U.S. Proposal (Part A)

1. There is hereby constituted the Free Territory of Trieste which is recognized by the Allied and Associated Powers and by Italy. They agree that the integrity and independence of this Free Territory shall be assured by the Security Council of the United Nations.

2. (Description of the frontiers)

3. Italian sovereignty over the territory lying between the Adriatic Sea and the frontiers as defined in Article 4 of the Treaty terminates upon the coming into force of the Treaty.

4. On the termination of Italian sovereignty, the Free Territory of Trieste shall be governed in accordance with a provisional régime to be established [by the Security Council] by the Council of Foreign Ministers, which shall remain in force until such date as the Security Council shall fix for the coming into force of the Permanent Statute which shall have been approved by it. The Free Territory shall thenceforth be governed by the provisions of such Permanent Statute.

5. The Free Territory of Trieste shall not be considered as ceded territory within the meaning of Article 13 and Annex III of the present Treaty.

French Proposal

1. The integrity and independence of the Free Territory is assured by the Security Council. This responsibility implies that the Council shall:

a. ensure the observance of the Permanent Statute and, in particular, the protection of basic human rights;

b. ensure maintenance of the fundamental principles of public order and security in the Free Territory.

2. The Free Territory shall be demilitarized and declared neutral. No armed forces, except upon direction of the Security Council, and in event of a threat to the integrity and independence of the Free Territory of Trieste, shall be located in the Free Territory.

3. In conformity with the principle that the legislative and executive authority of the Free Territory shall be shaped on democratic lines, the Permanent Statute of the Free Territory shall provide for the creation of a Popular Assembly elected on the basis of proportional representation by means of universal, direct, equal and secret suffrage, and a Council of Government formed by and responsible to the Assembly.

4. By reason of the responsibilities imposed upon the Security Council in regard to the Free Territory it is inevitable that certain limitations shall be imposed upon the powers of the Popular Assembly and the Council of Government. These limitations result from the rights now conferred upon the Governor, subject to any modification which the Security Council may subsequently determine.

5. The Governor shall be appointed by the Security Council after consultation with Yugoslavia and Italy. He is the representative of the Security Council in the Free Territory, and shall [in particular] have the duty of supervising the observance of the Statute.

6. In matters which [in his view] affect the responsibilities of the Security Council as defined in paragraph 1 above the Governor shall have the right to propose legislation to the Popular Assembly and to prevent the entry into force of legislative measures which are in contradiction with the Statute, subject to reference to the Security Council if the Popular Assembly does not accept his views and recommendations.

7. At the meetings of the Council of Government the Governor shall express his views on all matters affecting his responsibilities.

8. The primary responsibilities of the Governor shall be:

a. to supervise the maintenance of the fundamental principles of public order and security

b. the conduct of foreign relations in close liaison with the elected authorities of the Territory (issue of exequaturs and patents)

c. the appointment of the judiciary, except in cases where the Constitution provides for elections, on the advice of the Council of Government, and subject to safeguards to be established by the Constitution, the removal of members of the judiciary for conduct incompatible with their judicial office.

9. In cases where, as a result of exceptional circumstances, the independence and integrity of the Free Territory, public order and security or human and civic rights are endangered, the Governor, in conjunction with the Council of Government, may take all necessary measures.

In cases where delay is inadmissible the Governor shall take the necessary measures, subject to his making an immediate report to the Security Council. [Under the same reservation he may proclaim a state of siege]

10. Citizenship

a. Domicile in the Free Territory on June 10th, 1940, as provided in Article 13 of the Peace Treaty with Italy shall be the qualification for acquiring original citizenship of the Free Territory.

b. The conditions for the acquisition of citizenship by persons not qualifying for original citizenship shall be determined by the Assembly of the Free Territory and embodied in the Constitution.

c. The right of acquiring Trieste citizenship shall not be enjoyed by active members of the Fascist régime in Italy, active members of the Fascist party, war criminals, former members of the Italian police and government officials who came from Italy after the year 1922.

11. Free Port and Economic Questions

(Proposals will be submitted later)

Provisional Government

a) From the date of the entry into force of the Treaty of Peace until the entry into force of the Permanent Statute the Provisional Government of the Free Territory will be organized by the [Security Council] Council of Foreign Ministers which in particular will appoint a Governor and define his powers.

b) The Security Council shall fix the date or dates for the withdrawal of foreign troops stationed in the Free Territory, in order that such withdrawal of troops shall be completed not later than 4 months from the date of entry into force of the Peace Treaty.

20. This paper was discussed by the Council of Foreign Ministers at its 8th and 9th Meetings, November 13 and 14, and its 1st and 2nd Informal Meetings, November 15 and 16; for the United States Delegation Minutes of those meetings, see pp. 1129, 1144, 1166, and 1174.
21. The United States and French proposals under reference are those for article 16 of the Draft Peace Treaty with Italy which were included in the Record of Recommendations by the Peace Conference on the Draft Peace Treaty with Italy, vol. iv, p. 895.
22. Brackets appear in the source text.