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

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

Proposals Prepared by the Deputies for the Council of Foreign Ministers⁴⁵

secret
CFM(46)(NY)43

New York, December 3, 1946.

Peace Treaty With Italy

Instrument for the Provisional Regime of the Free Territory of Trieste

(annex to article 16 bis)⁴⁶

Preamble

The present provisions shall apply to the administration of the Free Territory of Trieste pending the entry into force of the Permanent Statute.

Article 1

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.

Article 2

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]⁴⁷

[Alternative text for last line]

[in so far its provisions are not superseded by the for present document and are applicable to the circumstances of the provisional regime].

The Governor’s actions will be guided mainly by the needs of the population and its well-being.

Article 3

The seat of Government will be established in Trieste. The Governor will address his reports directly to the Chairman of the Security Council and will through that channel supply the Security Council with all necessary information on the administration of the Free Territory.

Article 4

The first concern of the Governor shall be to ensure the maintenance of public order and security. He shall appoint [on a provisional basis] [in accordance with the provisions of the Permanent Statute] a Director of Public Security, who will reorganize and administer the police force and security services [under the general direction of the Governor]

Article 5

(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 45 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 not later than 45 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.

(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.

Article 6

[The Governor shall have the right at any time to call upon the Commanders of such contingents for support, and such support shall be given promptly subject to the right of the senior officer of each contingent to appeal to his Government should he consider that his forces are unjustifiably endangered or will be employed for purposes inconsistent with the responsibilities of the Security Council. Should the Government concerned endorse the opinion of its senior officer, it shall have the right to refuse the participation of its contingent in the operation in question and shall inform the Security Council accordingly.]

Article 7

The necessary arrangements relating to the stationing, administration and supply of the military contingents made available by the U.K., U.S.A., and Yugoslavia shall be settled by agreement between the Governor and the Commanders of those contingents.

Article 8

[In consultation with the Provisional Council, the Governor shall set up and supervise the operation of all necessary machinery for the scrutiny of qualifications for citizenship as prescribed in Article … of the Permanent Statute and for the issue of certificates of citizenship and the compilation of electoral rolls on the basis of such certificates.]

Article 9

The Governor, in consultation with the Provisional Council of Government [and the democratic organizations] shall be responsible for organizing the elections of members of the Constituent Assembly in accordance with the conditions laid down in the Permanent Statute for elections to the popular Assembly. All citizens of the Free Territory of more than 18 years of age shall be entitled to vote.

Article 10

[Local electoral commissions of an impartial and representative character [composed of representatives of democratic organizations] shall be established [for carrying out the elections and] for the consideration of all claims concerning the right to vote. These commissions shall have all necessary powers subject to appeal to a [Central Appeal Board] [central electoral commission composed of the representatives of democratic organizations] [and presided over by the Governor]. The decisions of this [Board] [Commission] shall be final.]

Article 11

The elections shall be held not later than four months after the assumption of office by the Governor. In case this is technically impossible the Governor shall report to the Security Council.

Article 12

[It will be the duty of the Governor to take the necessary measures to organise the administrative services of the Free Territory under the conditions laid down in the Permanent Statute to the fullest extent that these are or may become applicable.]

Article 13

[The funds needed to meet the salary and expenses of the Governor and any deficit in the administrative budget of the Territory and to make available the foreign exchange resources required to meet any deficit in the Territory’s external balance of payments will be advanced to the Governor by the United Nations Organisation up to an amount of . . . . . for the first six months’ period. The Governor will account to the United Nations Organisation for the expenditure of these funds. He will, in consultation with the Provisional Council of Government, prepare the provisional budget and the provisional export and import programmes and will satisfy himself that appropriate arrangements are made by the Provisional Council of Government for the administration of the finances of the Free Territory.]

Article 14

Existing laws and regulations shall remain valid unless and until revoked or amended by the Governor, after consultation with the Provisional Council of Government. Decisions to modify or supplement existing laws and regulations shall be implemented by means of decrees issued by the Governor. These decrees will have force of law unless and until they are modified, abrogated or superseded by acts of the Popular Assembly or the Council of Government within their respective spheres after the entry into force of the Constitution.

[Provisions regarding currency and customs U.K. draft referred to the Committee of Economics Experts]

45. This paper, which was prepared by the Deputies during their 125th and 126th Meetings, December 2 and 3, was based upon the memorandum by the United Kingdom Delegation, CFM(46) (NY)23, November 22, 1946, p. 1252. For a detailed report by the Deputies regarding the preparation of this paper, see the United States Delegation Minutes of the 14th Meeting of the Council of Foreign Ministers, December 3, 1946, p. 1382. This paper was reviewed in detail by the Council at its 14th Meeting, and the amendments agreed to at that time were incorporated in a revised paper, CFM(46) (NY)43 (Revised), December 4, 1946, p. 1416.
46. As set forth in document CFM(46) (NY)28, November 25, 1946, p. 1278, the revised text of article 16 bis, paragraph 3 of the Draft Peace Treaty with Italy provided for an Annex containing an instrument for a provisional regime for Trieste.
47. Brackets throughout this document appear in the source text and indicate unagreed language.