C.P.(Gen)Doc.1.J.20.
Annex 3
Add a new sub-paragraph (3) to paragraph 1 of Annex 3, reading as follows:
“Any cession or transfer of Italian State or parastatal property on the territory of the Dodecanese made subsequent to September 3. 1943, shall be null and void.”
Under paragraph 1 of Annex 3 of the draft Peace Treaty with Italy “The Successor State shall receive without payment Italian State and parastatal property within territory ceded to it”. As certain information would seem to show that, after September 3, 1943, the Fascist Republican Government of Italy improperly transferred certain property falling under the above category, it would be advisable to have a special clause implicitly confirming that such acts are null and void.
Add a new paragraph following paragraph 1, reading as follows:
“The Italian Government will immediately hand over to the Greek Government archives, manuscripts, registers, plans, topographical maps, deeds and any kind of document relating to the civil, military, financial, judicial or other administration of the Dodecanese. If any of these documents, archives, registers, deeds or plans have been removed, they will be restored by the Italian Government at the request of the Greek Government.
“The Italian Government agrees to trace and restore similarly to the Greek Government any documents, archives or objects of archeological, historical, religious or artistic value which have been removed from the Dodecanese following the Italian occupation of the Islands (5.5.1912).
“Any disputes concerning the interpretation or execution of the present Article will be referred to an arbitrator designated by UNESCO: the arbitrator’s ruling will be final.”
A special Article will be required defining the character of the archives referred to in Art. 1 of Annex 3, and including objects of archeological, artistic or historical importance. The point is that these [Page 708] objects relating to the Dodecanese constitute the moral and spiritual patrimony of the Islands and are evidence of the splendid part they have played in the age-old civilisation of Greece.
Substitute the following new Text for paragraph 2 of Annex 3:
“Within a period which it shall determine, the Successor State shall make arrangements for the conversion into its own currency of Italian currency held within the Ceded Territory by persons continuing to reside on the said territory or juridical persons continuing to carry on business there.
“Italy shall credit the Successor State with the sterling equivalent of the Italian lire thus converted. The rate of conversion shall be the average parity rate between the pound sterling and the lire obtaining in the Dodecanese during the Allied occupation.”
Under paragraph 2, Annex 3, of the draft Peace Treaty with Italy “The Successor State shall make arrangements for the conversion into its own currency of Italian currency held within the Ceded Territory by persons continuing to reside on the said territory or juridical persons continuing to carry on business there …”
Italian lire and British military currency (B.M.A.) issued by the British occupation authorities are now in circulation in the Dodecanese. The only fair way to convert such currency into currency of the Successor State is the following:
Greece will arrange to make the conversion in question within a limited period which she herself should determine. The exchange rate of the Italian lira in relation to the drachmae will correspond to the parity rate obtaining in the Dodecanese between the pound sterling and the lira (£1=400 lire). The inhabitants of the Dodecanese have been obliged to invest the proceeds of merchandise sold abroad and foreign exchange received from relatives abroad, in lire calculated at the foreign exchange rate fixed by the British authorities in the Islands—i.e. 400 lire to the pound sterling, or 100 lire to the dollar. Consequently, the drachmae received in exchange for their lire will be calculated at the corresponding rate (400 lire per 20,000 drachmae). The Bank of Greece, in remitting lire to the Bank of Italy, will be credited with an equivalent sum in pounds sterling.
After paragraph 3, add a new paragraph 3 (a), as follows:
“Italy shall be responsible to the Successor State for any obligations or debts assumed by her in virtue of international conventions where the holders are persons acquiring the nationality of the Successor State or juridical persons retaining their head office or principal place of business there.”
After line 1 of paragraph 5, Annex 3 (or possibly as a new paragraph 3(a) between paragraphs 3 and 4 of Annex 7) add a new paragraph reading as follows:
“Contracts concluded prior to September 3, 1948, between natural or juridical persons residing in the Dodecanese, of the one part, and the Italian State or its nationals residing in Italy, of the other part, the execution of which has been suspended as a result of the war, shall remain operative. Nevertheless, contracts in respect of which the Greek Government, in the general interest, shall have notified the dissolution within a period of six months from the coming into force of the present Treaty, shall become inoperative. Should such compensation calculated solely on the capital involved, regardless of any loss of profit which, in case of disagreement, will be determined by the Conciliation Commission set up under Article 72. [sic]
In respect of contracts concluded prior to September 3, 1943 by natural or juridical persons residing in the Dodecanese, of the one part, and the Italian State or its nationals residing in Italy, of the other part, provision should be made for their execution and possible dissolution in the general interest at the request of the Greek Government.