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

C.F.M. Files: Lot M–88: Box 2066: Deputies Records of Decision

Record of Decisions, Council of Foreign Ministers, Third Session, Deputies, 122nd Meeting, Waldorf-Astoria Hotel, New York, November 28, 1946, 11 a.m.

secret

CFM(D) (46) (NY) 122nd Meeting, November 28, 1946.

Present

	France
	M. Alphand (Chairman)
	M. Wolfrom
	M. Burin des Roziers
	Prof. Gros
U.K.		U.S.A.
Mr. Jebb		Mr. Dunn
Mr. Sterndale Bennett		Mr. Reber
Lord Hood		Mr. Summers
Mr. Fitzmaurice
	U.S.S.R.
	M. Gousev
	M. Kozyrev
	M. Novikov
	M. Stetsenko

Peace Treaty With Italy: Free Territory of Trieste

The Deputies proceeded, on the instructions of the Ministers,⁴⁴ to discuss certain of the principles which were to govern the establishment of permanent and provisional regimes in the Free Territory of Trieste.

As a result of the discussion a text was established (see Annex) which it was agreed the Acting Chairman would submit with his report to the Council at its next meeting.

Annex

secret

[New York,] November 28, 1946.

Draft Paper Submitted by the Deputies to the Council of Foreign Ministers⁴⁵

Peace Treaty With Italy: Free Territory of Trieste

principals to govern the establishment of the permanent and provisional regimes

Withdrawal of Troops

• (a) On the entry into force of the present Treaty, troops stationed in the Free Territory shall be reduced to 5,000 men for the United Kingdom, 5,000 men for the United States and 5,000 men for Yugoslavia.
• (b) These troops shall be placed at the disposal of the Governor for a period of 90 days after his assumption of office in the Free Territory. As from the end of that period, they will cease to be at the disposal of the Governor and will be withdrawn from the Territory within a further period of . . . . . days, unless the Governor advises the Security Council that, in the interests of the Territory, some or all of them should not, in his view, be withdrawn. In the latter event, the troops required by the Governor shall remain until . . . . . days after the Governor has advised the Security Council that the security services can maintain internal order in the Territory without the assistance of foreign troops.⁴⁶
• [(c) The withdrawal prescribed in paragraph (b) shall be carried out so as to maintain, insofar as possible, the ratio prescribed in paragraph (a) between the troops of the three Powers concerned.]⁴⁷

Continuance of Allied Military Government Pending Assumption of Office by the Governor

The Governor shall assume office in the Territory at the earliest possible moment after the entry into force of the present Peace Treaty. Pending assumption of office by the Governor, the Free Territory shall continue to be administered by the Allied military commands within their respective zones.

Appointment of the Governor

(See Article 7 of Recommendation for the Permanent Statute for the Free Territory of Trieste)

The Governor shall be appointed by the Security Council after consultation with the Yugoslav and Italian Governments.

Protocol of November 27, 1946

Signed in New York by the Foreign Ministers of France, Union of Soviet Socialist Republics, United Kingdom and United States of America.

The representatives of France, Union of Soviet Socialist Republics, United Kingdom and United States of America, assembled on November 27, 1946 at New York as the Council of Foreign Ministers, have agreed that their Governments will take all possible steps to secure the designation of the Governor of the Free Territory of Trieste at the earliest possible date under the conditions laid down in the draft Permanent Statute so as to ensure his appointment by the Security Council simultaneously with the entry into force of the Peace Treaty.

Appointment of a Provisional Council of Government⁴⁸

On assuming office in the Free Territory of Trieste, the Governor shall be empowered to select, from among persons domiciled in the Free Territory, and after consultation with the Governments of Yugoslavia and Italy, a Provisional Council of Government [to assist him in the fulfillment of his executive, administrative and legislative authority pending the entry into force of the Constitution and the formation of a Council of Government as provided therein]. [The Governor and the Provisional Council of Government shall exercise their functions in the manner laid down in the provisions of the Statute as and when these provisions prove to be applicable.]

Election to the Constituent Assembly

The Governor, in consultation with the Provisional Council of Government, shall be responsible for organizing the elections of Members of the Constituent Assembly in accordance with the conditions as provided for in the Statute for elections to the Popular Assembly.

The elections shall be held not later than four months after the Governor’s assumption of office.

[In case this is materially impossible the Governor shall report to the Security Council.]

44. The Council’s instructions are recorded in the United States Delegation Minutes of the Council’s 10th Informal Meeting, November 27, 1946, p. 1304.
45. This paper was discussed, amended, and approved by the Council of Foreign Ministers at its 10th Meeting, November 28, 1946, 4 p.m.; see the United States Delegation Minutes and the Record of Decisions of that meeting, pp. 1324 and 1337.

46. The 11th Report of the Committee of Military and Air Experts to the Deputies, CFM(46) (NY)34, November 29, 1946, which was concerned with this paragraph, read as follows:

    • “1. At the 122nd meeting of the Deputy Foreign Ministers on 28th November 1946 the Committee of Military and Air Experts was instructed to recommend the time limits to be placed on the withdrawal of Allied troops from the Free Territory of Trieste in accordance with the French draft (attached) of paragraph (b).
    • “2. The Committee of Military and Air Experts recommends the insertion of ‘45’ in the blank space in the second sentence and ‘not later than 45’ in the blank space in the last sentence.” (CFM Files, Lot M–88, Box 2079, CFM Documents)

    CFM (46) (NY)34 was approved by the Council of Foreign Ministers at its 11th Meeting, November 29, 1946, 4 p.m.; see the United States Delegation Minutes and the Record of Decisions, pp. 1340 and 1352.

47. Brackets throughout this document appear in the source text and indicate unagreed language.

48. In considering this topic during their meeting, the Deputies had before them two proposals. The British proposal had been referred to by Bevin during the 10th Informal Meeting of the Council of Foreign Ministers and its text is included in footnote 31, p. 1306. The French proposal read as follows:

    “On assuming office in the Free Territory of Trieste, the Governor shall be empowered to select from among persons domiciled in the Free Territory, and after consultation with the Governments of Yugoslavia and Italy, a Provisional Council of Government. The Governor and the Provisional Council of Government shall exercise their functions in the manner laid down in the provisions of the Statute as and when these provisions prove to be applicable.”

    The text printed here and submitted to the Council of Foreign Ministers included portions from both the French and the British proposals. The brackets indicate unagreed clauses. (United States Delegation Minutes, Deputies Meeting, November 28, 1946, CFM Files, Lot M–88, Box 2067)