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

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

Report by the Deputies to the Council of Foreign Ministers¹⁶

secret
CFM(46) (NY)28

New York, November 25, 1946.

Peace Treaty With Italy

revised text of article 16 bis and of the recommended action for the drafting of the statute of the free territory of trieste and of instruments for the provisional regime and the free port regime¹⁷

1. There is hereby constituted the Free Territory of Trieste consisting of the area lying between the Adriatic Sea and the boundaries defined in articles 4 and 16 of the present Treaty. The Free Territory of Trieste is recognized by the Allied and Associated Powers and by Italy, which agree that its integrity and independence shall be assured by the Security Council of the United Nations.

2. Italian sovereignty over the area constituting the Free Territory of Trieste, as above defined, shall be terminated upon the coming into force of the present Treaty.

3. On the renunciation of Italian sovereignty, the Free Territory of Trieste shall be governed in accordance with an instrument for a provisional régime to be drafted by the Council of Foreign Ministers and approved by the Security Council. This instrument 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. A draft Permanent Statute and a draft instrument for a provisional régime are contained in Annex …

4. 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.

5. Italy and Yugoslavia undertake to give to the Free Territory of Trieste the guarantees set out in Annex …

Principles To Govern the Drafting of the Statute of the Free Territory of Trieste and of Instruments for the Provisional Regime and the Free Port Regime.

The Council of Foreign Ministers,

Having taken note of the recommendations of the Paris Conference regarding the Statute of the Free Territory of Trieste, the Free Port Régime and the Provisional Régime,

I. Approves those provisions in the draft Statute on which unanimous agreement was reached by the Sub-Commission on the Statute for the Free Territory,

II. Confirms paragraphs 2, 4 and 6 of the decision of the Council of Foreign Ministers of July 3, 1946,

III. And, in order to facilitate the elaboration of the Permanent Statute, the Free Port Regime, and the Provisional Regime,

Agrees that:

The Principles referred to in Section II above should be expanded as follows:

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 protect the basic human rights of the inhabitants.

(b) ensure the maintenance 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, shall be allowed in the Free Territory.

3. In conformity with the principle that the legislative and executive authority of the Free Territory shall be established 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. (Deleted.)

5. The Governor shall be appointed by the Security Council after consultation with Yugoslavia and Italy. He shall be the representative of the Security Council in the Free Territory and shall 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. The Governor shall have the right to be present at all meetings of the Council of Government. He may express his views on all questions affecting his responsibilities.

8. The responsibilities of the Governor shall include:

(a) ensuring that public order and security are maintained by the Government of the Free Territory in accordance with the Statute, the Constitution and the laws of the Free Territory.

(b) ensuring that the Government of the Free Territory conducts its foreign relations in conformity with the Statute, Constitution and laws of the Free Territory. To this end the Governor shall have authority to prevent the entry into force of treaties or agreements affecting foreign relations which in his judgment conflict with the Statute, Constitution and laws of the Free Territory. Treaties and agreements as well as exequaturs and consular commissions shall be signed jointly by the Governor and a representative of the Council of Government.

(c) the appointment of the judiciary from among candidates proposed by the Council of Government or from among other persons after consultation with the Council of Government unless the Constitution provides for a different manner for filling judicial posts: and, subject to safeguards to be established by the Constitution, the removal of members of the judiciary for conduct incompatible with their judicial office.

8 bis. The Governor’s responsibilities under paragraph 8(a) shall be exercised in the following manner:

1. (a) The Council of Government shall submit to the Governor a list of candidates for the post of Director of Public Security. The Governor shall appoint the Director from among the candidates presented to him, or from among other persons after consultation with the Council of Government, He may also dismiss the Director of Public Security after consultation with the Council of Government.

(b) Members of the police force and of the security services shall be recruited by the Director of Public Security and shall be subject to dismissal by him.

2. The Director of Public Security shall normally be under the immediate authority of the Council of Government from which he will receive instructions on questions within his competence.

3. (a) The Governor shall receive regular reports from the Director of Public Security and shall consult with him on any questions coming within the competence of the Director.

(b) The Governor shall be informed by the Council of Government of its instructions to the Director of Public Security and may express his opinion thereon.

(c)The Governor may require the Council of Government to suspend administrative measures which in his view conflict with his responsibilities as they will be defined in the Statute (observance of the Statute; maintenance of public order and security; respect for human rights). Should the Council of Government object, the Governor may suspend those administrative measures and the Governor or the Council of Government may refer the whole question to the Security Council for decision.

In matters affecting his responsibilities as defined in the Statute the Governor may propose to the Council of Government the adoption of any administrative measures. Should the Council of Government not accept such proposals the Governor may, without prejudice to paragraph 9 below, refer the matter to the Security Council for decision.

9. In cases which in the opinion of the Governor permit of no delay, threatening the independence or integrity of the Free Territory, [public order or respect for human rights],¹⁸ the Governor may directly order and require the execution of appropriate measures subject to an immediate report thereon being made to the Security Council. In the same circumstances he may himself assume, if he deems it necessary, control of the security services.

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 original citizenship of the Free Territory.

[(b) The conditions for the acquisition of citizenship by persons not qualifying for original citizenship [for instance, active members of the Fascist Regime in Italy and former members of the Italian police] [with the exception of such persons as shall have been exonerated by the appropriate authority] shall be determined by the Assembly of the Free Territory and embodied in the Constitution.] U.S. proposal: Add at end of paragraph 10(b):

“No person who has acquired the citizenship of the Free Territory shall be deprived of his civic or political rights except as punishment for the infraction of the penal laws of the Territory.”

Soviet proposal for paragraph 10(b):

“The conditions for the acquisition of citizenship by persons not qualifying for original citizenship and the conditions providing for deprivation of the right to acquire citizenship (e.g. by active members of the Fascist Regime and persons who had served in the Fascist police insofar as they had not been vindicated in accordance with the established procedure)¹⁹ shall be determined by the Assembly of the Free Territory and embodied in the Constitution.”

11. Free Port and economic questions.

(a) A Free port shall be established in the Free Territory and shall be administered on the basis of the provisions of an international instrument drawn up by the Council of Foreign Ministers and approved by the Security Council. The Government of the Free Territory shall enact all necessary legislation and take all necessary steps to give effect to the provisions of such instrument.

(b) The Conference proposal was:—

“[The establishment of special zones under the exclusive jurisdiction of any country is incompatible with the status of the Free Territory and of the Free Port.”]

The Soviet amendment of November 17th was:—

[“The establishment of free zones under the exclusive jurisdiction of any country, with the exception of neighbouring countries, is incompatible with the Statute of the Free Territory and of the Free Port.”]

New Proposal of the Soviet Delegation on Paragraph 11(b)

“In order to meet the special needs of Yugoslav and Italian shipping in the Adriatic, the Director of the Free Port, on request by the Yugoslav and Italian Governments:

shall reserve, on the basis of a special agreement, to merchant vessels flying the flags of either of these two Governments the exclusive use of certain parts of the port area with the berthing spaces and other technical port installations located therein.”

First French proposal regarding paragraph 11(b):

“In order to meet the special needs of Yugoslav and Italian shipping in the Adriatic, the Director of the Free Port, on request by the Yugoslav or Italian Governments, and with the concurring advice of the International Commission, may reserve to merchant vessels flying the flags of either of these two Governments the exclusive use of berthing spaces within certain parts of the area defined in paragraph (b) of the preceding Article.”

Second French proposal regarding paragraph 11 (b):

Add, at end of Conference proposal:

“…, without prejudice to the opportunity for merchant vessels of neighboring countries to obtain certain special facilities.”

U.S. proposal regarding paragraph 11(b):

After the word “may” in the first French proposal add: “, if it serves the best interests of the Free Territory.” Also, add at the end of the paragraph:

“Any such facilities shall remain under the jurisdiction of the Free Port Administration.”

British Proposal Regarding Paragraph 11(b):

“Without prejudice to the foregoing, the competent authorities may insofar as technical considerations permit, and with the concurring advice of the International Commission for the Free Port, allocate berthing space for the exclusive use of ships flying the flags of Italy or Yugoslavia outside the Free Port zones as they existed prior to the entry into force of the present Treaty.

The conditions under which such allocations are made shall be settled by agreements entered into between the said authorities and the shipping interests concerned, subject to approval by the International Commission for the Free Port.”

[(c) Freedom of transit shall be assured to goods and means of transport between the Free Port and the States which it serves, without any discrimination and without customs or fiscal charges, by the States whose territories are traversed. (Agreed to by the French, U.K. and U.S.)]

(d) (The Conference proposal was:—

“Economic union or associations of an exclusive character with any other country incompatible with the status of the Free Territory.” (Agreed to by the French, U.K. and U.S.)

The Soviet amendment of November 17th was:—

“In order to ensure favourable conditions for the economic development of the Free Territory of Trieste, economic collaboration shall be established between the Free Territory and Yugoslavia (customs union, joint administration of the railroads of the Free Territory of Trieste, etc.)”)

New Proposal of Soviet Delegation:

Instead of paragraphs 11(c) and 11(d) the following paragraph to be adopted:

In order to secure normal operation of railways in the Free Territory and assure freedom of transit between the Free Port and the States which it serves and in the interest of further development of the Free Territory of Trieste and the territory to be ceded to Yugoslavia, an agreement on railway traffic shall be concluded between the Government of the Free Territory of Trieste and the Government of Yugoslavia and Yugoslavia shall assume obligations to render technical assistance in the organization and exploitation of railways in the Free Territory.

16. This paper was prepared as a result of the discussion by the Deputies at their 121st Meeting, November 25, 1946, 11 a.m. The paper was considered by the Council of Foreign Ministers at its 8th Informal Meeting, November 25, 4 p.m.; for the United States Delegation Minutes, see supra.
17. The first five numbered paragraphs of this paper represent a revision of the United States proposals for Part a of article 16 of the Draft Peace Treaty with Italy as included in the Recommendations of the Paris Peace Conference, vol. iv, p. 895. The remainder of this paper is a revision and elaboration of the French proposal for article 16, ibid., pp. 895–897.
18. Brackets throughout this document appear in the source text and indicate unagreed language.
19. Underlining in this document appears in the source text and indicates suggested variations from an earlier text.