Foreign Relations of the United States, 1946, Paris Peace Conference: Documents, Volume IV

C.P.(Gen)Doc.1.U.27.

Annex 9

undated

(See Article 16)

Permanent Statute of the Free City of Trieste

section i.—Territory

Article 1

The City of Trieste and the surrounding territory shall constitute the Free City of Trieste.

The frontier of the Free City of Trieste shall leave the coast at about 0.5 km south of Cedas (Cedas) and extend in an easterly direction via Grize (Monte Griza, 355 m), Gorke (Monte Gorca, 371 m), cross the Prosek (Prosecco)-Opcine (Villa Opicina) road on the 297 m contour, and thence north of Opcine (Villa Opicina) so as to leave the railway station and the connection between the railway lines of Trst-Torica (Trieste-Gorizia) and Nabrezina-Sezana (Aurisine-Sesana) to the People’s Federative Republic of Yugoslavia. The frontier thence extends south-east along the 274 m and 334 m contours to Frankovec (Monte Franco, 408 m) and then in a south-easterly direction, along the 366 m and 398 m so as to leave Gropade and Bazovica (Basovizza) to the People’s Federative Republic of Yugoslavia and crosses the Kozina-Trst (Cosina-Trieste) railway.

Thence the frontier extends along the western slope of Mali Kras (Monte Carso), leaving to the People’s Federative Republic of Yugoslavia the plateau of Mali Kras (458 m) and the village of Socerb (San Servolo) and to the Free City of Trieste the villages of Kraglje (Crogle) and Dolina (San Dorligo della Valle). About 0.5 km north of Socerb the frontier crosses the Socerb-Dolina road and turns westward leaving the village of Mackovlje (Carasana d’Istria) to the Free City of Trieste and the village of Prebenek (Prebenico) to the People’s Federative Republic of Yugoslavia. It then crosses the 182 m and 85 m contours, the road and former railway up to the 165 m contour and reaches Kastelijer (Monte Castellier, 245 m), leaving the village of Jelarji (Elleri) to the People’s Federative Republic of Yugoslavia. From Kastelijer (245 m) the frontier crosses the summit of Sv. Mihel (S. Michele, 197 m) and reaches the sea about 1.5 km west of Sv. Rok (S. Rocco).

The frontier of the Free City of Trieste is shown on the map, scaled at 1/100.000, which is attached to the present document and which is deemed to be an integral part of the present Treaty.

In case of divergence between the frontier as traced on the map and as it is set forth in the above text, the latter shall have binding effect.

Article 2

The detailed tracing of the boundary on the ground shall be effected by a Mixed Commission consisting of representatives of the Federative People’s Republic of Yugoslavia and the Council of Government of the Free City of Trieste.

The Mixed Commission shall commence its duties on the spot, immediately after the coming into force of the present Statute, and shall complete them as soon as possible and in any case within a period of two months.

Any questions which the Commissions are unable to agree upon will be referred to the four Ambassadors acting as provided in Atticle 75. The four Ambassadors shall either find a final settlement to the dispute or appoint an impartial third Commissioner.

The expenses of the Boundary Commission will be shared equally by the People’s Federative Republic of Yugoslavia and the Free City of Trieste.

section ii.—General provisions

Article 3

The Free City of Trieste shall enjoy complete independence; its independence and integrity shall be guaranteed by the Security Council of the United Nations.

The Free City of Trieste shall be closely associated with the Federative People’s Republic of Yugoslavia in accordance with the provisions of the present Statute.

The status of the Free City of Trieste and its territory may not be modified except by a previous decision of the Security Council and with the consent of the Federative People’s Republic of Yugoslavia.

Article 4

The Territory of the Free City of Trieste shall be neutral and demilitarised.

No army, land, sea or air forces may be maintained on the Territory of the Free City of Trieste. No naval, military or air installations shall be established nor shall any war material be produced therein. The introduction of military service and the creation, training and activity of military or para-military formations are forbidden on the Territory of the Free City of Trieste.

For the maintenance of peace, order and security, the Free City of Trieste shall have only its own Police Force, the members of which shall be recruited from the Free City. This Force shall have the right to possess small arms only.

The Federative People’s Republic of Yugoslavia shall be authorised to maintain a contingent of guards on the Territory of the Free City of Trieste for the protection of the railways, the customs zone and the coast line.

Article 5

No armed, land, sea or air forces belonging to any State may enter the Territory, territorial waters or the air above the Free City of Trieste. Neither shall the Council of Government of the Free City of Trieste be allowed to conclude or negotiate military Treaties with any State.

Article 6

The organs of Government of the Free City of Trieste shall be determined by the constitution of the Free City of Trieste which will be drawn up by the National Assembly in accordance with the provisions of the present Statute.

section iii.—High commissioner and governor

[Article 7]

The Security Council shall appoint a High Commissioner for the Free City of Trieste, whose duty it shall be to supervise the application of the present Statute. He shall have authority to draw the Governor’s attention to any infringement of the present Statute, to claim reparation in the event of any such infringement and, if necessary, to postpone the execution of decision taken by the Governor or authorities of the Free City of Trieste, while immediately notifying the Security Council. The High Commissioner and his Deputy shall be appointed for a term of five years by the Security Council, after consultation with the Governments of the Federative People’s Republic of Yugoslavia and Italy. The High Commissioner and his Deputy may not be nationals of the Federative People’s Republic of Yugoslavia, Italy, or the Free City of Trieste. On the occasion of their appointment, the Security Council shall determine their emoluments, which shall be borne by the budget of the United Nations. Should the Security Council consider that the High Commissioner or his Deputy fall short of their duty, it may suspend them from office even before the expiry of their term of appointment and, if need be, remove them.

The High Commissioner shall be required to report to the Security Council at least once a year on the situation obtaining in the territory of the Free City of Trieste.

Article 8

The High Commissioner, in the accomplishment of his duties, may not ask for or receive instructions from any government or authority other than the Security Council. He shall refrain from any activity incompatible with his position as an international official.

Article 9

The Governor of the Free City of Trieste shall be nominated by the Government of the Federative People’s Republic of Yugoslavia.

The Governor shall represent the Federative People’s Republic of Yugoslavia for all matters of interest to Yugoslavia in connection with actual union. The Governor shall be entitled to submit his comments to the High Commissioner in respect of questions concerning the actual union and the application of the present Statute. Should the High Commissioner not agree to the Governor’s comments, the matter shall be brought before the Security Council.

Article 10

The High Commission [Commissioner] and Governor shall have the right to investigate and seek information on any matters concerning the competence of the authorities of the Free City of Trieste and the Administration of the Free Port.

section iv.—Legislative and executive power

Article 11

Sovereignty over the territory of the Free City of Trieste shall be vested in the people.

The people shall exercise their sovereign power through the National Assembly, freely elected by universal suffrage and secret ballot, direct and equal for all, in accordance with the system of absolute proportional representation. One Member of the Assembly shall be returned for every . . . . . inhabitants. Any citizen of the Free City of Trieste of either sex who has attained the age of twenty years shall have the active and passive right of vote. War criminals or former officials of the Fascist party shall not be entitled to vote.

Pending the promulgation of the first Constitution of the Free City of Trieste, only such citizens as are mentioned in Article 17, paragraph 1, of the present Statute shall be entitled to vote.

Article 12

Legislative power over the territory of the Free City of Trieste shall be exercised by the National Assembly resolved into a single Chamber.

Article 13

Legislative action shall be the prerogative of members of the National Assembly and the Council of Government of the Free City of Trieste. Any Bill passed by the National Assembly shall have force of law as soon as it is promulgated by the President of the National Assembly. Prior to their promulgation, the National Assembly shall communicate to the High Commissioner and Governor the texts of any Bills adopted. If he considers them inconsistent with the present Statute, the High Commissioner may return the laws adopted by the National Assembly, together with his comments and recommendations, within ten days. If the National Assembly does not agree with the High Commissioner’s comments, it shall forthwith notify the Security Council, with whom the final decision shall rest. Any Bill not returned to the National Assembly by the High Commissioner within ten days shall have force of law.

Article 14

Executive power over the territory of the Free City of Trieste shall be exercised by the Council of Government of the Free City of Trieste, the members of which shall be appointed or removed from office by the National Assembly, to which they are accountable.

Article 15

The Constitution of the Free City of Trieste shall provide for the establishment of local administrative organs based on democratic principles and, more particularly, elected by equal and universal suffrage, by direct and secret ballot, in accordance with the system of proportional representation.

section v.—Judicial power

Article 16

Judicial power over the territory of the Free City of Trieste shall be exercised by courts established in conformity with the Constitution and laws of the Free City of Trieste.

The Constitution shall guarantee the complete freedom and independence of the judicial power, and shall provide for the establishment of a Court of Appeal.

section vi.—Citizenship

Article 17

All persons permanently settled as former Austro-Hungarian nationals on the present territory of the Free City of Trieste on October 28, 1918, and permanently domiciled there on the date of the coming into force of the present Statute, shall automatically become citizens of the Free City of Trieste. Persons permanently established as Austro-Hungarian nationals on October 28, 1918 who subsequently emigrated abroad may apply to recover Trieste citizenship within twelve months of the coming into force of the present Statute, even if they have since acquired another nationality.

All persons permanently domiciled on the territory of the Free City of Trieste at the time of the 1936 census and living there permanently at the time of the coming into force of the present Statute shall automatically become citizens of the Free City of Trieste. The provisions of this paragraph shall not apply to war criminals, persons in respect of whom purge measures have been taken by decision of the Trieste courts, recognized officials of the Fascist party, officers and non-commissioned officers of the Fascist militia, Italian civil servants coming from areas under Italian jurisdiction prior to 1915, and persons who, after the rise to power of Fascism, obtained a grant to trade as concessionaries.

Persons who become citizens of the Free City of Triests by virtue of paragraphs 1 and 2 above shall ipso facto forfeit their Italian nationality.

The provisions of paragraphs 1 and 2 above shall likewise apply to the descendants of all such persons.

Article 18

All persons coming under Article 17 above who are over the age of eighteen years, as well as married persons under the age of eighteen years, shall be entitled to opt for Italian nationality within twelve months of the coming into force of the present Statute. Anybody so doing shall be considered as not having even [ever] acquired citizenship of the Free City of Trieste.

Option by a husband shall not entail option on the part of the wife. Option by a father or, in the event of his decease, a mother, shall automatically imply option on the part of any unmarried children under eighteen years of age.

The Council of Government of the Free City of Trieste may require persons opting for Italy to transfer their residence to the State for which they have opted within twelve months from the date of option.

Article 19

Persons in Italian public, civil or military employment who, within a period of three months from the coming into force of the present statute, have not resigned from their employment and have not, within a period of six months from the coming into force of the present statute, transferred their domicile to the territory of the Free City of Trieste, shall be regarded as having opted in favour of Italian nationality.

Article 20

More specific revisions concerning citizenship of the Free City of Trieste shall be determined by the Constitution and the laws. Naturalisation shall be regulated by a law; notwithstanding the above, no person may be naturalised on the territory of the Free City of Trieste, if not already domiciled therein:

(a) For at least two years, if born in the territory of Venezia Giulia;

(b) For at least ten years, if born elsewhere.

section vii.—Rights of citizenship

Article 21

The Constitution and laws of the Free City of Trieste shall guarantee all citizens, without distinction of sex, national sentiment, language, race or religion, the fundamental rights of man and of a citizen, in particular: the right of individual liberty; freedom to express political opinions verbally, in writing, or in the press; freedom of association, public meeting and political action in so far as this does not involve any Fascist activity; equality before the law; freedom of association and of religious denomination, the right to belong or not to belong to a religious denomination; right of equal access to public functions; right to receive public instruction and a knowledge of science, art, and general culture by being guaranteed the possibility of obtaining public instruction and cultural development in the citizen’s own national language; the right to use the national languages of all citizens in public and private life without any restriction; freedom of postal, telegraphic and telephonic communication; inviolability of domicile.

Article 22

The official languages in the territory of the Free City of Trieste shall be Italian, and also Slovene and Croat. These languages shall enjoy equal rights. Citizens shall be entitled, at their own preference, to make use of one or other of these languages. This right shall not be subject to any restriction whatsoever in consequence of the use or ignorance of one of these languages, or of differences between them.

section viii.—Relations with the Federative People’s Republic of Yugoslavia

Article 23

The Federative People’s Republic of Yugoslavia undertakes to represent the Free City of Trieste and its citizens in its relations with foreign countries. Methods of representation shall be determined by special agreement between the Federative People’s Republic of Yugoslavia and the Free City of Trieste.

Any agreements which the Federative People’s Republic of Yugoslavia may conclude on behalf of the Free City of Trieste shall come into force when they have been ratified by the National Assembly of the Free City of Trieste.

The Council of Government of the Free City of Trieste shall receive consuls and grant them an exequatur for the exercise of consular functions in the territory of the Free City.

Article 24

The Free City of Trieste shall have its own monetary system. The currency of Trieste shall, by agreement, be linked to the Yugoslav dinar.

Article 25

The Free City of Trieste and the Federative People’s Republic of Yugoslavia shall constitute a Customs Union. The Free City of Trieste shall receive a share of the customs revenue of the Union, proportionate to its trade with foreign countries, other than the Federative People’s Republic of Yugoslavia. [The Federative People’s Republic of Yugoslavia] shall be responsible for the customs administration of the Union, even within the territory of the Free City of Trieste.

Article 26

The Free City of Trieste and the Federative People’s Republic of Yugoslavia shall constitute a Railway Union. The Yugoslav State Railways shall be responsible for the administration and operation of the railway lines situated in the territory of the Free City of Trieste. All technical posts in the railway administration in the territory of the Free City of Trieste shall be filled by Triestine citizens. The Free City of Trieste shall receive a share of the net revenue of the Yugoslav State Railways, proportionate to the aggregate goods and passenger traffic, and to the mileage. The Free City of Trieste shall not be required to contribute to any possible deficit in the working of the Yugoslav State railways.

Article 27

The Free City of Trieste and the Federative People’s Republic of Yugoslavia shall constitute a Postal, Telegraphic and Telephonic Union. The Union shall be administered by the Federative People’s Republic of Yugoslavia. All the technical posts in the Postal, Telegraphic and Telephonic Union shall be filled by Triestine citizens. The Free City of Trieste shall receive a share of the net revenue of the Postal, Telephonic and Telegraphic Union, proportionate to the total receipts. The Free City of Trieste shall not be required to contribute to any possible deficit of the Postal Union.

Article 28

The Free City of Trieste shall be entitled, by special agreement, to empower the Yugoslav Government to exercise certain functions within its territory for the purpose of administering the Triestine and Yugoslav services as a common service. Such agreements shall become valid after they have received the assent of the High Commissioner.

Article 29

Services for the distribution of water and electricity, local transport services, and other public services of a similar character, which were hitherto common to the territory which, under the Treaty of Peace with Italy, becomes part of the Federative People’s Republic of Yugoslavia and of the Free City of Trieste, shall continue to be operated under existing conditions for a period of 10 years from the coming into force of the present Statute.

The future working of these services shall be determined by a special agreement, to be concluded between the Government of the Federative People’s Republic of Yugoslavia and the Council of Government of the Free City of Trieste, before the expiration of this period.

Article 30

Yugoslav citizens shall have the right to reside, and to exercise a calling or a trade, in the territory of the Free City of Trieste, and Triestine citizens shall enjoy similar rights within the territory of the Federative People’s Republic of Yugoslavia.

Article 31

Measures shall be taken to regulate special frontier traffic, both in goods and passengers, between the Free City of Trieste and the Federative People’s Republic of Yugoslavia, both as regards persons of these two nationalities and goods of Triestine or Yugoslav origin or manufacture.

section ix.—Free Port of Trieste

Article 32

The Port of Trieste, together with its installations and warehouses, shall be divided as follows:

(a) An International Free Port, administered by an International Administration in conformity with a special Statute, which shall be open equally to all vessels and all goods, without distinction of nationality;

(b) The Yugoslav Free Zone, subject to the jurisdiction of the Federative People’s Republic of Yugoslavia;

(c) The part of the Port under the jurisdiction of the Free City of Trieste.

Article 33

All goods despatched in transit through the Free Port of Trieste shall be entitled to free passage, and shall be exempt from customs formalities in the territory of the Yugoslav-Triestine Customs Union. Customs formalities for purposes of supervision shall be limited to indispensable measures for the protection of public order, the security of persons, and the protection of property and health.

Furthermore, no customs duties shall be levied on imported goods, if these are packed, refined or manufactured within the limits of the international Free Zone for subsequent re-export. The Yugoslav-Triestine Customs Union shall not levy any contributions, except fees for the supervision and manipulation of goods imported into the territory of the Free State of Trieste from abroad, if such goods are manufactured or processed there and subsequently re-exported.

section x.—Miscellaneous provisions

Article 34

The Free City of Trieste shall have its own flag and arms. The flag shall be the traditional flag of the City, and the arms shall be its historic Coat of Arms.

Article 35

The Free City of Trieste shall immediately introduce and apply within its territory labour legislation guaranteeing at least similar advantages and benefits to those guaranteed by international labour legislation.

If legislation of this kind is not promulgated in the territory of the Free City of Trieste within a period of two years from the coming into force of the present Statute, all the collective agreements whose application is supervised by the International Labour Office shall be applied directly.

Article 36

The Free City of Trieste shall have its own mercantile marine, flying the flag of the Free City.

section xi.—Final provisions

Article 37

The initial organisation of public authority in the Free City of Trieste shall be determined by special provisions concerning the Provisional Government of the Free City of Trieste.

Article 38

The liquidation of Italian sovereignty in Trieste, and the rights and duties of the Free City of Trieste as successor of the Italian State, are determined by the treaty of Peace with Italy (Art. 16) and in Annexes II, III, IIIa and XI of the said treaty, whose provisions shall be considered as equally binding on the Free City of Trieste.

Article 39

This Statute shall constitute an integral part of the treaty of Peace with Italy.