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

Record of Decisions, Council of Foreign Ministers, Third Session, Twenty-First Meeting, Waldorf-Astoria Hotel, New York, December 11, 1946, 11:30 a.m.13

secret
CFM(46) (NY) 21st Meeting

Present

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

I. Reports of the Deputies

1. Acting Chairman presented such parts of the report of the 131st Meeting of the Deputies as had not been discussed at the 20th Meeting of the Council, on the basis of which the following action was taken:

(a) Peace Treaty with Italy, Article 72 [see the 5th Report of the Economic Experts—Document CFM(46) (NY)53].14

The text of the Article 72 was approved as it appeared in the 5th Report of the Economic Experts, with the understanding that the sentence in brackets in paragraph (c) would be deleted.

The Council decided, moreover, that the Deputies should study the changes to be made in the corresponding articles of the four other Treaties in order to make them agree with the principles contained in Article 72.

(b) Peace Treaty with Italy, Article 71. [See the 6th Report of the Economic Experts—Doc. CFM(46) (NY)54 Revised].15

After an exchange of views, discussion of this subject was deferred until an agreement should be reached on Article 32 of the Permanent Statute of the Free Territory of Trieste on the same subject.

[Page 1518]

(c) Peace Treaty with Italy. Financial Assistance to the Free Territory of Trieste [See the 7th Report of the Committee of Economic Experts—Doc. CFM(46) (NY)61].16

The Council decided to send to Trieste, as soon as possible, a commission of financial experts made up of representatives of the United States, France, the United Kingdom and the Soviet Union. This Commission, whose terms of reference were referred to the Deputies for definition, was to be instructed to study the financial situation of the Free Territory during the initial period, and to make recommendations on this subject, if necessary. It was to consult Yugoslav and Italian representatives and undertake such other consultations as it deemed appropriate.

The Commission was to submit its report before February 20, 1947.

The names of the representatives of the four Governments on the Commission should be communicated to the Secretary General of the Council as soon as possible before the conclusion of the present session.

(d) Signing of the Treaties. The Council decided that the five Treaties would be signed in Paris on February 10, 1947. The Ministers of Foreign Affairs of the four Governments might, if they deem it advisable, be represented on that date by Plenipotentiaries having the necessary powers to sign the Treaties. The Ministers of Foreign Affairs of the four Governments who were unable to be present would affix their signatures on the Treaties in question at a later date.

(e) Frontiers of the Free Territory of Trieste. The Council decided that the frontiers of the Free Territory of Trieste should be those indicated on the large-scale map submitted by the French Delegation.

(f) Commission of Inquiry in regard to Former Italian Colonies. The Council decided that the representatives of the four Governments on the Commission of Inquiry in regard to former Italian Colonies should be appointed by February 10, 1947. The Commission would begin its work with the coming into force of the Peace Treaty with Italy.

(g) Drafting Committee. The Council decided that the Drafting Committee should meet as soon as possible.

2. The Acting Chairman of the 132nd Meeting of the Deputies then read the report of that Meeting, on the basis of which report the following action was taken:

(a) Peace Treaty with Bulgaria, Article 20 [See the 8th Report of the Committee of Economic Experts—Doc. CFM(46) (NY)66].17

[Page 1519]

The first three paragraphs of this Article were adopted as submitted by the Economic Experts. An additional paragraph was accepted as follows:

“The basis of valuation of goods delivered under this Article shall be the 1938 international market prices in United States dollars with an increase of 15 percent for industrial products and 10 percent for other products. The cost of transport to the Greek or Yugoslav frontier shall be chargeable to the Bulgarian Government.”

(b) Peace Treaty with Bulgaria—Article 30
Peace Treaty with Hungary—Article 31
Peace Treaty with Finland—Article 30 [See 9th Report of the Committee of Economic Experts—Doc. CFM(46)(NY)71].18

The Council adopted the proposal of the Deputies to the effect that reference be made to Article 28 in Article 30 of the Peace Treaty with Bulgaria, to Article 29 in Article 31 of the Peace Treaty with Hungary and to Article 26 in Article 30 of the Peace Treaty with Finland.19

(c) Peace Treaty with Roumania—Article 24 A.
Peace Treaty with Hungary—Article 23 A. [See 9th Report of the Committee of Economic Experts—Doc. CFM(46) (NY)71].

The Council adopted the following wording for Paragraph 2 of the two Articles in question:

“2. All property, rights and interests in Roumania of persons, organizations or communities which individually or as members of groups were the object of racial, religious or other Fascist measures of persecution, and remaining heirless or unclaimed for six months after the coming into force of the present Treaty, shall be transferred by the Roumanian Government to organizations in Roumania representative of such persons, organizations or communities. The property transferred shall be used by such organizations for purposes of relief and rehabilitation of surviving members of such groups, organizations and communities in Roumania. Such transfer shall be effected within twelve months after the coming into force of the Treaty and shall include property, rights and interests required to be restored under Paragraph 1 of this Article.”20

(d) Peace Treaty with Italy—Article 69, Paras. 5 (h) and (i). [See the 9th Report of the Committee of Economic Experts—Doc. CFM(46) (NY)71, point 3.]21

[Page 1520]

After an exchange of views, a decision was deferred.

(e) Peace Treaty with Italy—Article 68, para. 4(d)

Peace Treaty with Roumania—Article 24, para. 4 (d) and (e)

Peace Treaty with Bulgaria—Article 22, para. 4 (d) and (e)

Peace Treaty with Hungary—Article 23, para. 4 (d) and (e)

Peace Treaty with Finland—Article 23, para. 4 (d) and (e)

[See 9th Report of the Economic Committee—Doc. CFM(46) (NY)71.]

The Council adopted sub-paragraphs (d) and (e) which are to be included in the Treaties with Roumania, Bulgaria, Hungary and Finland in the following form:22

“(d) The . . . . . Government shall accord to United Nations nationals the same treatment in the allocation of materials for the repair or rehabilitation of their property in . . . . . and in the allocation of foreign exchange for the importation of such materials as applies to . . . . . nationals.

“(e) The . . . . . Government shall grant nationals of the United Nations an indemnity in . . . . . at the same rate as provided in sub-paragraph (a), to compensate the loss or damage due to special measures applied to their property during the war, and which were not applicable to . . . . . property. This sub-paragraph does not apply to a loss or profit.”

The Council decided that sub-paragraph (e) as adopted should be included, as sub-paragraph (d), in Article 68, Paragraph 4, of the Peace Treaty with Italy.

(f) Financial and Economic Clauses of the Instrument for the Provisional Regime in Trieste: Commission of Inquiry into the Economic and Financial Future of the Free Territory of Trieste. [See 9th Report of the Economic Committee—Doc. CFM(46) (NY)71, section 7.]23

After an exchange of views concerning a Commission of Inquiry, it was decided to defer decision until agreement should be reached on Article 12 and 13 of the Instrument for the Provisional Regime concerning the monetary system and the customs of the Free Territory.

II. Next Meeting of the Council

It was agreed to meet again on Wednesday, December 11, at 4 p.m.

  1. A marginal typewritten notation indicates that this Record of Decisions was provisional as revised on December 28, 1946.
  2. Brackets throughout this document appear in the source text. The Report under reference is not printed, but see footnote 2, p. 1510.
  3. Not printed.
  4. Ante, p. 1477.
  5. Not printed; it contained a recommended text for article 20 (Reparations) of the draft Peace Treaty with Bulgaria. With the change in the last paragraph agreed upon at this meeting of the Council, the article was included in the final Treaty of Peace with Bulgaria, where it appeared as article 21.

  6. Not printed.
  7. The proposal under reference was included as point 1 of CFM(46) (NY)71, not printed.
  8. The text set forth here had been included as point 2 of CFM(46) (NY)71, not printed.
  9. Sub-paragraphs (h) and (i) referred to here are quoted in footnote 10, p. 1514.
  10. The text that follows here was contained in point 4 of CFM(46) (NY)71, not printed.
  11. Point (or section) 7 of CFM(46) (NY)71, not printed, is discussed in greater detail in footnote 11, p. 1514.