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

C.F.M. Files: Lot M–88: Box 2080: Records of Decisions

Record of Decisions, Council of Foreign Ministers, Third Session, Tenth Meeting, Waldorf-Astoria Hotel, New York, November 28, 1946, 4 p.m.

New York, November 28, 1946, 4 p.m.

secret
CFM(46) (NY) 10th Meeting, November 28, 1946.

Present

	U.K.
	Mr. Bevin (Chairman)
	Mr. Jebb
	Mr. Gregory
	Lord Hood
	Mr. Majoribanks
France		U.S.S.R.
M. Couve de Murville		M. Molotov
M. Alphand		M. Vyshinsky
M. Wolfram		M. Gousev
M. de Carbonnel
	U.S.A.
	Mr. Byrnes
	Mr. Connally
	Mr. Vandenberg
	Mr. Dunn
	Mr. Cohen

I Report by the Deputies

The Council heard and adopted the report of the 122nd meeting of the Deputies submitted by M. Alphand, Acting Chairman.

II Peace Treaty With Italy: Free Territory of Trieste

The Council considered the unagreed sections of the Deputies’ draft text of the principles to be included in the Permanent Statute of the Free Territory (see Annex to Record of 122nd Meeting of Deputies),⁶⁵

a) Withdrawal of Troops

It was agreed to ask the Military Experts to submit a recommendation on the figures to be inserted in the blank spaces in paragraph (b) of this text.

It was agreed to delete the brackets around paragraph (c).

b) Appointment of Provisional Council of Government

It was agreed to defer a decision on the alternative texts in square brackets until the Deputies had reported on the Permanent Statute as a whole.

c) Elections to the Constituent Assembly

It was agreed to adopt the whole of this text, the brackets being deleted and the word “technically” substituted for the word “materially” in the third paragraph.

d) It was agreed to adopt the text of the draft protocol concerning the appointment of a governor for Trieste as recommended by the Deputies.

III Reports of the Committee of Economic Experts

a) First Report (Doc. CFM(46) (NY)17)⁶⁶

The Council adopted this report and approved the texts contained in it.

b) Second Report (Doc. CFM(46) (NY)20)⁶⁷

1. 1. Contracts, (page 3). The additional paragraph 2(a) proposed by the United Kingdom representative was agreed, as well as the text submitted by the Economic Committee.

In this connection, the special provision relating to the U.S. was agreed.

2. Periods of Prescription. The text submitted for Part II of Annex VII of the Italian Treaty, and for Part II of Annex V of the other treaties was agreed.

3. Miscellaneous Provisions. The U.K. delegate withdrew Part IV of Annex VII of the Italian Treaty and Part IV of Annex V of the other treaties.

4. Claims on Germany (page 5). The text proposed by the United States Delegation was approved for inclusion in the Peace Treaties with Italy, Roumania, Bulgaria and Hungary. The first three paragraphs of the United States text were approved for inclusion in the Peace Treaty with Finland.

5. Insurance (pages 6 and 7). The text proposed by the United Kingdom Delegation as set out in paragraph 2 was agreed and that set out in paragraph 5 was adopted with the period of 3 years amended to 18 months.

6. Petroleum (page 8). The text proposed by the United Kingdom representative to be added to the end of Article 24, paragraph 1, of the Roumanian Treaty was agreed, subject to an amendment by the U.S.S.R. Delegation. The amended text read as follows:

“If necessary the Roumanian Government shall revoke legislation enacted since September 1, 1939, in so far as it discriminates against the rights of United Nations nationals.”

In this connection the U.S.S.R. representative proposed the deletion from the Roumanian Treaty of Article 30 bis dealing with the question of fair market prices. After an exchange of views it was agreed to defer further consideration of the question until later.

c) Third Report (Docs. CFM (46)(NY)29 and 30)⁶⁸

The Council proceeded to consider the unagreed sections of these reports on Annex III of the Peace Treaty with Italy and the related provisions of Article 69 with the following results:

1. Transfer of State and Para-statal Property (page 2). The new paragraph 1A recommended by the Committee was agreed with the deletion of the brackets round the concluding phrase.

2. Works of Art, etc., Removed from Ceded Territory (page 3). The new paragraph 1C was adopted, the French Delegation having withdrawn their objections to its inclusion.

3. Public Debt (page 4). The text proposed for paragraph 3 was adopted with the deletion of all the brackets.

4. Italian Pension Obligations (page 5). The new paragraph 4A recommended by the Committee was adopted with the deletion of the brackets round the words “or military”.

5. Concessionary companies (page 5). This question was reserved pending final agreement on the problem of reparation.

6. Property removed from Ceded Territory (page 7). The text proposed for the new paragraph 10A on this subject was agreed, subject to the words “during the war” being amended to read “after September 3, 1943”.

7. Subparagraph (g) of paragraph 5, Article 69 (page 9). The text proposed for this subparagraph by the French and U.S.S.R. representatives was agreed.^68a

8. The remainder of the text in CFM (46) (NY) 30 was approved.

IV Regime of the Danube

The U.S.S.R. representative submitted the text of a proposal dealing with this question to be recorded as a decision of the Council of Foreign Ministers. The provisional English text read as follows:

“Navigation in the Danube shall be free and open on terms of equality in so far as this concerns port and navigation charges and conditions of commercial shipping within the limits of the usual commercial relations, to the nationals, vessels of commerce and goods of all states.”

It was agreed to refer this text to the Deputies for drafting and with a view to its eventual inclusion as a Peace Treaty article.

V Next Meetings of the Council

• Deputies—November 29, 1946, at 11 a.m.
• Ministers—November 29, 1946, at 4 p.m.
• New York, November 29, 1946.

65. Ante, p. 1321.
66. Ante, p. 1196.
67. Ante, p. 1227.
68. CFM(46) (NY)29, November 26, 1946, the Third Report of the Committee of Economic Experts, is not printed. All the amendments and additions to Annex III of the Draft Peace Treaty with Italy that were agreed upon by the Committee and included in its Report were subsequently incorporated in document CFM (46) (NY)30, November 26, 1946, p. 1296.
69. Regarding the report by the Committee of Economic Experts, as included in document CFM (46) (NY)29, see footnote 62, p. 1332. The text proposed by the Soviet and French Delegations for this sub-paragraph is included in the United States Delegation Minutes of this meeting of the Council; see p. 1324.