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

Record of Decisions, Council of Foreign Ministers, Third Session, Twelfth Meeting, Waldorf-Astoria Hotel, New York, November 30, 1946, 4 p.m.

secret
CFM(46) (NY) 12th Meeting

Present

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

I. Report by the Deputies

The Council heard the report submitted by the Acting Chairman of the Deputies (See CFM(D) (46) (NY) 124th Meeting).4

The question of the powers of the Provisional Council of Government was re-examined and after a further exchange of views a redraft of the text on this subject was provisionally agreed (with a reservation by the U.K. Delegate—see Annex), and was referred to the Deputies for consideration together with the U.S. and U.K. proposals contained in documents CFM(46) (NY) 22 and 23 respectively, the French draft instructions to the Governor and the special question dealt with in the U.K. memorandum of August 29, 1946 (Doc. CFM (46)258).5

II. Questions Outstanding on the Peace Treaties6

The Council resumed consideration item by item of the list of unsettled questions in the various Treaty texts.

[Page 1368]

(1) Settlement of Economic Disputes

It was agreed to adopt the Soviet Delegation’s proposal for this Article in the various treaties as modified by the original U.S. amendment under which the Secretary-General of the United Nations instead of the President of the International Court of Justice would nominate an arbitrator. It was further agreed that Article 72 in the Italian Treaty should also include paragraphs (b) to (g) of the Conference recommendation on this Article. Final formulation of the relevant texts was entrusted to the Economic Experts.

(2) Enemy Assets in the Territory of the Allied and Associated Powers

It was agreed to bring the text of Article 25 in the Hungarian Treaty into line with that of the corresponding Article in the Roumanian Treaty.

The decision regarding Article 24 of the Bulgarian Treaty was deferred.

(3) Return of Jewish Property

It was agreed to accept the first paragraphs of Article 24A of the Roumanian Treaty, and of Article 23A of the Hungarian Treaty subject to the substitution of “fair compensation” for “full compensation”, and to defer decision on the second paragraphs of those Articles.

(4) Rail Traffic

The Paris Conference recommendations for the texts of Article 28 bis in the Bulgarian and Article 29 bis in the Hungarian Treaty were adopted.

(5) Fair Prices for Reparation Deliveries

Decision deferred.

(6) Danube-Sava-Adriatic Railway

It was agreed to accept the text of Article 23, para. 9 of the Hungarian Treaty in the same wording as Annex III, para. 10 of the Italian Treaty (See Doc. CFM (46) (NY)30).7

(7) Shipping

Decision deferred.

(8) Interpretation

Decision deferred.

(9) Motor Torpedo Boats

Decision deferred.

III. Next Meeting:

of the Council, Monday, December 2nd, at 4 p.m.;

of the Deputies, Monday, December 2nd, at 11 a.m.

[Page 1369]

Annex

Appointment of a Provisional Council of Government

amended text

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 shall have the right to make changes in the composition of the Provisional Council of Government whenever he deems it necessary. The Governor and the Provisional Council of Government shall exercise their functions in the manner laid down in the provisions of the Permanent Statute as and when these provisions prove to be applicable.

Note: The U.K. Delegation entered a reservation as to the inclusion of the last sentence in the above text.

  1. Ante, p. 1355.↩
  2. Locations of the documents under reference in this paragraph are indicated in the document cited in footnote 4 above.↩
  3. Individual articles referred to in this section are identified in greater detail in the United States Delegation Minutes, supra.↩
  4. Ante, p. 1296.↩