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

C.F.M. Files: Lot M–88: Box 2066: Deputies Records of Decisions

Record of Decisions, Council of Foreign Ministers, Third Session, Deputies, 133rd Meeting, Waldorf-Astoria Hotel, New York, December 12, 1946, 10:30 a.m.

New York, December 12, 1946, 10:30 a.m.

secret
CFM(D) (46) (NY) 133rd Meeting, December 12, 1946.

Present

	U.S.A.
	Mr. Dunn (Chairman)
	Mr. Reber
	Mr. Bishop
U.S.S.R.		France
M. Gousev		M. Alphand
M. Novikov		Prof. Gros
M. Kozyrev		M. Lebel
M. Stetsenko
	U.K.
	Mr. Jebb
	Mr. Gregory
	Mr. Sterndale Bennett
	Lord Hood
	Mr. Fitzmaurice

I. Reparation Deliveries From Germany

The Deputies noted a communication on this subject received from the Chairman of the Inter-Allied Reparations Agency which it was agreed to refer to the Ministers for consideration.⁴¹

II. Report by the Sub-Committee on Trieste

The texts of the Articles describing the frontiers between the Free Territory of Trieste and Italy and Yugoslavia, respectively, as contained in document CFM(46) (NY)72,⁴² were approved.

The Deputies further agreed to the insertion in the instrument for the Provisional Regime (Doc. CFM(46) (NY)43 (2nd Revision)) of the last sentence of the draft Article 9 proposed by the Sub-Committee.⁴³

III. Settlement of Disputes in Italian, Balkan and Finnish Treaties

It was agreed to recommend for insertion in the Peace Treaties with Roumania (Article 31), Bulgaria (Article 29), Hungary (Article 30) and Finland (Article 29) a revised text reading as follows:

“Any disputes which may arise in connection with Articles 23 and 24 and Annexes 4, 5, and 6 Part B of the present Treaty shall be referred to a Conciliation Commission composed of an equal number of representatives of the United Nations Government concerned and of the Roumanian Government. If agreement has not been reached within three months of the dispute having been referred to the Conciliation Commission, either Government may require the addition of a third member to the Commission, and failing agreement between the two Governments on the selection of this member, the Secretary General of the United Nations shall be requested to make the appointment. The decision of the majority of the members of the Commission shall be the decision of the Commission and shall be accepted by the parties as definitive and binding.”

It was agreed to substitute the last sentence of this text for paragraph (f) of Article 72 and also for Article 76 of the Italian Treaty. (See Doc. CFM(46) (NY)53)⁴⁴

IV. 17th Report of the Committee of Naval Experts (CFM(46) (NY) 65)⁴⁵

The U.K. Delegation having withdrawn its reservation regarding paragraph 7, the Report was adopted.

V. Terms of Reference for Trieste Commission of Inquiry

The following draft terms of reference were provisionally approved:

“The Foreign Ministers decided to appoint a Four-Power Commission to proceed as soon as possible to Trieste to investigate the general financial position and prospects of the proposed Free Territory of Trieste. After consultation with the Yugoslav and Italian authorities and any consultations which it deems appropriate, the Commission shall make recommendations not later than February 20th, 1947, on this matter and on any problems which may be involved in the setting up of the Free Territory as a separate currency and customs unit, with particular reference to any initial difficulties which may arise between the entry into force of the Treaty of Peace with Italy and the end of 1947.”

VI. Report of Committee of Legal Experts

The following text dealing with the problem of recognition by the Free Territory of Trieste of the provisions of the peace settlements was submitted by the Legal Experts and approved by the Deputies for insertion as paragraph 5 of Article 24 of the Permanent Statute. The text read as follows:

“The Free Territory of Trieste shall recognize the full force of the Treaty of Peace with Italy and shall give effect to the applicable provisions of that Treaty. The Free Territory shall also recognize the full force of the other agreements or arrangements which have been or will be reached by the Allied and Associated Powers for the restoration of peace.”

VII. 9th Report of the Committee of Economic Experts (Doc. CFM(46) (NY)71)⁴⁶

The U.S.S.R. Delegation tabled a new text for paragraphs 5 and 6 of Annex XIII (See Doc. CFM(46) (NY)71, 2nd Addendum).⁴⁷ After an exchange of views it was agreed to submit this Section of the 9th Report to the Ministers as unagreed.

The U.S. Delegation tabled a new draft of Part A of Annex IX. The draft was referred to the Economic Experts for consideration.⁴⁸

Parts B, C, and D of Annex IX were agreed, the bracketed phrase “[in Trieste]” in paragraph 6 of Part C being deleted.⁴⁹

It was agreed to submit to the Ministers as unagreed items the proposed texts of Articles 11, 12 and 13 of the Instrument for the Provisional Regime.⁵⁰

VIII. Instrument for the Provisional Regime in Trieste⁵¹

It was agreed to amend the English and French texts of paragraph (a) of Article 5 to read as follows:

“As from the entry … troops … shall be limited to 5,000 …”

“des l’entrée en vigueur … l’effectif des troupes … ne dépassera pas 5,000 hommes …”

IX. Declaration on the Regime of the Danube

It was provisionally agreed, subject to later confirmation by the U.S.S.R. Delegation, that the text of the declaration on the Regime of the Danube adopted at the 17th meeting of the Council on December 6,⁵² would be issued for publication by midnight on December 12.

X. Preparation, Signature and Publication of Treaty Texts

It was agreed to recommend to the Ministers that the Secretary-General be authorized, when handing the final texts of the Peace Treaties to the signatory Governments’ representatives in Washington, to inform them that the treaties would be signed in Paris on February 10, 1947, and that names of plenipotentiaries should be communicated to the French Government. Texts for general publication could be released to the Press one day later.

XI. Approval of Record of Decisions

The Deputies agreed to notify the Secretary General, through the Drafting Committee, of their acceptance of the remaining Records of Decisions.

XII. Appointment of Governor of Trieste

The Deputies agreed to suggest to the Ministers that they instruct their representatives on the Security Council to meet in order to consider how to implement the Protocol on this subject.

XIII. Next Meeting

The Deputies agreed not to meet again, and to instruct the Drafting Committee to meet at 10:30 a.m. on Friday, December 13.

41. For text of the communication under reference, dated October 8, 1946, see enclosure 1, p. 1562.
42. The document under reference is not printed. The descriptions of the frontiers between the Free Territory of Trieste and Italy and Yugoslavia as set forth therein were subsequently included as articles 4 and 22, respectively, of the Treaty of Peace with Italy.
43. The document under reference is not printed. The revised article 9 therein was subsequently included in the Instrument for the Provisional Regime of the Free Territory of Trieste, Annex VII of the Treaty of Peace with Italy.
44. The document under reference is not printed; it set forth the redraft of article 72 of the Draft Peace Treaty with Italy. Articles 72 and 76 of the Draft Treaty were renumbered as articles 83 and 87 in the final Treaty of Peace with Italy.
45. Ante, p. 1491.
46. Not printed.
47. Point 5 of CFM(46) (NY)71 set forth proposed texts for articles 5 and 6 of Annex XIII of the Draft Peace Treaty with Italy dealing with the economic and financial provisions relating to the Free Territory of Trieste. Addendum 2 to CFM(46) (NY)71, which contained the Soviet amendments to these paragraphs 5 and 6, is not printed. For the text of articles 5 and 6 of Annex XIII as proposed by the Committee of Economic Experts, see footnote 58, p. 1537.
48. The Annex under reference was concerned with the technical dispositions regarding the Free Territory of Trieste. The new draft of Annex IX, Part A, was circulated to the Council as CFM(46) (NY)75, December 12, 1946, not printed. That text, which was subsequently accepted by the Council of Foreign Ministers at its 23rd Meeting, December 12, 1946, was included in the final Treaty of Peace with Italy as a separate annex, Annex V.
49. Parts B, C, and D of Annex IX were subsequently included in the final Treaty of Peace with Italy as Parts A, B, and C, respectively, of Annex IX.
50. Regarding proposed articles 11, 12, and 13 of the Instrument for the Provisional Regime of the Free Territory of Trieste, which were included under point 7 of CFM(46) (NY)71, see footnote 11, p. 1514.
51. The Instrument was included as Annex VII of the final Treaty of Peace with Italy.
52. The Declaration on the Danube is included as Annex 5 to the Record of Decisions of the 129th Meeting of the Deputies, December 6, 1946, p. 1446; see also item I, 4, of the Record of Decisions of the 17th Meeting of the Council of Foreign Ministers, December 6, 1946, p. 1462.