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

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

Memorandum by the United Kingdom Delegation to the Council of Foreign Ministers⁹¹

secret
CFM(46) (NY)23

New York, November 22, 1946.

Peace Treaty With Italy

Provisional Regime for the Free Territory of Trieste

In the opinion of the United Kingdom Delegation, the Provisional Government of the Free Territory should, from the date of the entry into force of the Peace Treaty until the entry into force of the Permanent Statute, be organized and conducted in accordance with an Instrument for the Provisional Regime which will include a definition of the Governor’s responsibilities, functions and powers and will be drafted by the Council of Foreign Ministers and approved by the Security Council.

2. The United Kingdom Delegation suggest that the Instrument should cover the following points.

(1) Authority to organize and conduct the provisional government in the name of the Security Council to be entrusted to a Governor who shall have the right to take all necessary executive action and to issue decrees with the force of law. His appointment by the Security Council to be provisional and subject to confirmation on the entry into force of the Permanent Statute.

(2) Appointment by the Governor on a similarly provisional basis of a Director of Public Security.

(3) Provision, until the arrival of the Governor, for the continuance of Allied Military Government.

(4) Those parts of the draft Permanent Statute which are relevant to be regarded as applying to the Provisional Régime.

(5) Continued validity of existing laws and regulations unless and until amended.

(6) The Governor, at the outset, to select from among residents of the Free Territory a Council to assist him in an advisory capacity in both legislative and executive matters pending the establishment of the Constitution and the formation of a Council of Government in accordance with it.

(7) The general responsibility of the Governor for the conduct of the Provisional Government to include the following functions:

(a) organising the administrative, judicial and security services without prejudice to the subsequent provisions of the Constitution.

(b) preparing and administering the provisional budget.

(c) setting up and supervising the operation of the necessary machinery for the scrutiny of qualifications for citizenship, the issue of certificates of citizenship and the preparation of electoral rolls.

(d) arranging, in consultation with representative bodies and persons in the Free Territory, the method and procedure for the election of the Constituent Assembly.

(e) promulgating the necessary orders and decrees for the elections, convoking the Constituent Assembly when elected and eventually submitting to the Security Council for approval the Constitution adopted by the Assembly.

(f) seeing to the establishment of the Free Port in accordance with the Free Port Instrument when approved and generally supervising the operation of that Instrument pending the constitution of the International Commission for the Free Port.

(g) taking the necessary measures for the financial organisation and economic life of the Free Territory.

3. The Instrument should also contain provisions relating to Allied military contingents remaining in the Free Territory pending their withdrawal as will be laid down in the Treaty of Peace.

4. The U.K. Delegation hold themselves free to amend or augment the above suggestions in the light of the discussion of them in the Council of Foreign Ministers.

91. This paper was taken up by the Council of Foreign Ministers during its 8th informal Meeting, November 22; see the United States Delegation Minutes, p. 1269. This document was subsequently used by the Deputies as a basis for the preparation of a Draft Instrument for the Provisional Regime of the Free Territory of Trieste, CFM(46) (NY)43, December 3, 1946, p. 1396.