C.F.M. Flies: Lot M–88: Box 2079: CFM Documents
Proposals Prepared by the Deputies for the Council of Foreign Ministers65
CFM(46) (NY)43(Revised)
Peace Treaty With Italy: Instrument for the Provisional Regime of the Free Territory of Trieste
(annex to article 16 bis)
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Provisions of the Permanent Statute as and when these provisions prove to be applicable and in so far as they are not superseded by the present document. The Governor’s actions will be guided mainly by the needs of the population and its well-being.
[Page 1417]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 a Director of Public Security, who will reorganize and administer the police force and security services.
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
| [Referred to Military Experts] | [66 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 [Page 1418] right to refuse the participation of its contingent in the operation in question and shall inform the Security Council accordingly.]67 |
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
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 technically impossible the Governor shall report to the Security Council.
Article 9
| [Referred to Trieste Sub-Committee] | [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 10
Existing laws and regulations shall remain valid unless and until revoked or suspended by the Governor. The Governor shall have the right to amend existing laws and regulations and to introduce new laws and regulations in agreement with the majority of the Provisional Council of Government. Such amended and new laws and regulations, as well as the acts of the Governor in regard to the revocation or suspension of laws and regulations shall be valid unless and until they are amended, revoked 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. [Regulations on current matters shall be issued by the Provisional Council of Government.]
[Provisions regarding currency and Customs U.K. draft referred to Committee of Economic Experts].68
At their 127th Meeting, December 4, 1946, 11 a.m., the Deputies prepared this revision of document CFM(46) (NY)43, December 3, 1946, p. 1396, in the light of the agreements arrived at by the Council of Foreign Ministers at its 14th Meeting, December 3, 1946.
At its 15th Meeting, December 4, 1946, the Council of Foreign Ministers adopted article 10 of this revised paper, referred article 9 to the Economic Experts and the Subcommittee on Trieste, and accepted a new text for article 6 as indicated in footnote 67, p. 1418.
With the amendment of article 6 and the change in the wording in the brackets following article 10 (see footnote 68, p. 1419); this paper was circulated to the Council as CFM (46) (NY) 43 (2nd Revise), December 5, 1946, not printed.
↩- Brackets throughout this document appear in the source text and indicate unagreed language.↩
In its 12th Report, circulated as document CFM(46) (NY)48, December 4, 1946, not printed, the Committee of Military and Air Experts recommended to the Council of Foreign Ministers the following redraft of this article:
“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. The Governor shall, whenever possible, consult with the Military Commanders concerned before issuing his instructions but shall not interfere with the military handling of the forces in the discharge of his instructions. Each Commander has the right to report to his Government the instructions which he has received from the Governor, informing the Governor of the contents of such reports. The Government concerned shall have the right to refuse the participation of its forces in the operation in question, informing the Security Council accordingly.” (CFM Files, Lot M–88, Box 2079, CFM Documents)
This redraft was adopted by the Council of Foreign Ministers at its 15th Meeting, December 4, 1946; see the United States Delegation Minutes and the Record of Decisions of that meeting, pp. 1404 and 1415.
↩In the revision of this document, CFM(46) (NY)43(2nd Revise), not printed, the statement in brackets read:
“Provisions regarding currency and Customs U.K. draft Article (CFM(46) (NY)45) referred to Committee of Economic Experts”
Document CFM (46) (NY)45 is not printed.
↩