SWNCC 271 Part I. 388.1 Peace Treaties—Italy

Draft Military and Civil Affairs Agreement Between the United States and Italy44

secret
SWNCC 271/5

Whereas an Agreement Modifying the Armistice regime is being entered into between the United States of America and other Allied Powers, acting on behalf of the United Nations, and Italy which Agreement Modifying the Armistice Regime will terminate the rights of the United States and its armed forces under the previous Armistice agreements and as a result of the occupation of Italy; and

Whereas it is agreed that certain of these rights must be continued during the period of redeployment of the U.S. forces in Italy and during the continued occupation of Venezia Giulia and the Province of Udine as provided for in the Agreement Modifying the Armistice Regime; and

Whereas during the temporary occupation of Austria by the United States, it will be necessary to insure appropriate provisions to protect the interests of the U.S. forces temporarily present in or passing through Italy, and to safeguard all equipment and stores belonging to and destined for use or distribution by such forces both inside and outside Italy in consequence of the Allied arrangements for the occupation of Austria;

Therefore, for the purpose of setting forth the arrangements and rights which it is desired be continued upon and after conclusion of the Agreement Modifying the Armistice Regime referred to above, the Italian Government and Commanding General of the U.S. Forces in Italy (hereinafter referred to as the Commanding General) have entered into the following agreement:

1.
The U.S. forces shall have full, free and unrestricted right to, enter, pass through, stay in and depart from Italy, including the right to navigate in Italian territorial waters and to have such free passage, as may be required in the interest of the U.S., for all types of aircraft over or within Italy, including landing at such bases as may be required and the transportation of personnel, material and mail. The necessary technical arrangements for advising the Italian authorities of such movements shall be made between the Commanding General and appropriate Italian authorities.
2.
(a) The Italian Government agrees to the stationing in Italy of U.S. personnel necessary for the purposes contemplated by this agreement [Page 850]including housekeeping, security, land, air and port operations. It further agrees to accord the U.S. Forces all facilities afforded by Italian ports (including dockyards, dry docks and ship repairing facilities), public services, utilities, railroads, inland waterways, telecommunications and airfields which the Commanding General having due regard for Italian essential requirements may from time to time request. Such airfield facilities and accommodations as are designated for the purpose of U.S. military aviation will be provided in agreement with the Commanding General, who shall have the right to make necessary extension and improvements thereto, and will be under the exclusive control of U.S. forces during such temporary period. On airfields where the U.S. forces require the status of “lodger rights” only, the Italian Government will furnish facilities for the operation and protection of U.S. Government aircraft and property.
(b) In particular, the Italian Government agrees that for mutual convenience special areas in Italian ports may be designated by the Commanding General for the exclusive use of the U.S. forces or for other purposes required by him. Such areas will remain under Italian civil administration, but the Commanding General shall have the right to police these areas and control the operation of port facilities therein.
(c) The Italian Government further agrees that the Commanding General shall have all rights necessary to the creation or maintenance for such time as shall appear necessary, of such posts, camps, stations, hospitals, shops, depots, staging areas, and such other military facilities and installations as he may determine to be necessary to the efficient maintenance, administration and operations of the U.S. forces.
(d) The appropriate Italian authorities will render assistance to the Commanding General in taking steps necessary to control epidemics of disease which constitute a threat to the health and welfare of the U.S. forces.
(e) In the interest of efficient operation, the Commanding General may, in agreement with the Italian Government, assist in the rehabilitation or operation, or assume the operation, of such facilities enumerated above as may be necessary.
3.
In order to meet telecommunications requirements of the U.S. forces, the Italian Government in cooperation with the Commanding General will grant to the U.S. forces services and facilities as follows:
(a)
The right to use such Italian telecommunications, radar, power and other communication facilities and services, including radio and radar aids to navigation, as the Commanding General after consultation with the Italian Government regarding Italian essential requirements may from time to time deem necessary for the purposes of U.S. forces in Italy.
(b)
The right to construct, maintain and operate such radio and radar stations, weather facilities and land line communication networks, including servicing facilities, as the Commanding General after consultation with the Italian Government may from time to time deem necessary for the purposes of U.S. forces of occupation in Austria and of U.S. forces in Italy, including the right to use and maintain necessary coded and security equipment.
4.
Until agreement is reached to coordinate, regulate and allocate frequencies for radio and radarcommunication networks and installations, the appropriate Italian authorities, after consultation and in cooperation with the Commanding General, will accord to the U.S. forces those frequencies and power which shall be deemed necessary for the purposes of U.S. forces of occupation in Germany and Austria and of U.S. forces in Italy.
5.
The Italian Government agrees that the U.S. forces may conduct their own postal system.
6.
(a) In agreement with the Commanding General, the Italian Government will make available to the U.S. forces such lands, buildings, installations and covered storage and other similar facilities as may be required from time to time by the U.S. forces for the accommodation and training of troops; the operation, maintenance, housing and servicing of aircraft; the storage of equipment, stores and supplies.
(b) The Commanding General shall have the freedom of access to and the right of removal of any or all U.S. property in Italy. The Italian Government agrees to lend such assistance as may be required in forcing delivery of any such property upon the request of the Commanding General for such assistance.
(c) Any surpluses arising as a result of U.S. forces remaining in Italy pursuant to this agreement, which are made available to the Italian Government, will be disposed of solely in accordance with the terms of any over-all agreement arrived at by the U.S. and the Italian Governments with respect to U.S. surplus property in Italy.
(d) The U.S. forces shall be granted right-of-way for and access to all military petroleum pipe lines and installations situated in Italian territory, connected with the distribution of petroleum products to such forces or to U.S. forces of occupation in Germany and Austria.
7.
(a) The U.S. forces shall have the right to purchase local produce, supplies, and manufactured goods and to contract for services in Italy. In order that such purchases may not have any adverse effect upon Italian economy, the U.S. military authorities will consult with the appropriate Italian authorities upon the particular articles which, from time to time, shall be excluded from local purchase by the U.S. forces.
(b) The Italian Government will, so far as may be reasonably practicable, arrange for the continued use of Italian manufacturing capacity to meet other U.S. military requirements.
(c) The U.S. forces shall have the right to employ local civilian labor directly or through appropriate local Italian authorities.
(d) Payment at not to exceed the prevailing wage rates shall be made by the U.S. forces directly to local civilian labor. Payment shall be made by the U.S. forces directly to suppliers of goods purchased and services contracted for in accordance with this paragraph.
8.
The financial terms and conditions covering the supply of Italian lira to the United States Forces, payment thereof and payment for services and facilities and related questions set forth in the Armistice Agreement, dated 29 September 1943, shall continue to govern the financial relations between the United States Forces and the government of Italy up to and including 30 June 1946, notwithstanding the abrogation of that Armistice Agreement.
9.
(a) Occupation costs exclusive of net troop pay for the direct maintenance of United States Forces in Venezia Giulia and the Province of Udine shall continue as heretofore to be a charge against the Italian Government.
(b) The cost of all services and facilities not covered under paragraphs 8 and 9 (a), made available to the United States Forces shall, from 1 July 1946, be the responsibility of the United States Government and shall be paid for in dollars currently.
(c) The conditions of payment on which services and facilities are made available to the United States Forces in Italy, together with the financial questions such as the supply of Italian currency to the United States Forces, shall be the subject of a separate agreement, effective as of 1 July 1946. These arrangements shall include the establishment of a lira account through which medium the Italian Government shall reimburse the U.S. Forces for lira payments made by U.S. disbursing officers in payment of expenses which, under the new financial agreement, are properly chargeable to the Italian Government. The United States Forces shall establish such procedures as are necessary to implement the new financial agreement.
10.
(a) Without prejudice to the provisions of paragraph 16, U.S. military courts and authorities shall have exclusive jurisdiction over all members of the U.S. forces and over all persons of non-Italian nationality not belonging to such forces but who are employed by or who accompany or serve with those forces and are subject to U.S. naval or military law, and the dependents of such persons.
(b) Arrangements concerning the exercise of jurisdiction in matters relating to civil law over non-military personnel referred to in [Page 853]paragraph (a) above will be made the subject of a separate agreement but until and unless such agreement is adopted, the Italian courts shall not exercise jurisdiction in civil matters affecting such persons without the written consent in each instance of the Commanding General.
11.
(a) The U.S. forces shall have the exclusive right to police their own installations, camps and other areas and buildings specially used by them and to employ Military Police patrols as may be necessary for the maintenance of good order and discipline of persons subject to the jurisdiction of U.S. forces. Persons who are subject to the jurisdiction of the Italian Authorities may be arrested by the U.S. Military Police within such installations, camps, areas and buildings and detained by them until they can be handed over to the appropriate Italian authorities.
(b) The Italian police may arrest personnel subject to the exclusive jurisdiction of U.S. military courts and authorities for offenses against Italian law outside the installations, camps, areas and buildings referred to in the preceding subparagraph, and detain them until they can be handed over for disposal to the appropriate U.S. Military authority. A certificate signed by a U.S. officer that the person to whom it refers belongs to one of the classes mentioned in paragraph 10 (a) above shall be conclusive. The procedure for handing over such persons is a matter for local arrangements. Immediate notification of any such arrest will be given to the nearest U.S. Military installation.
12.
The Italian Government will make the necessary arrangements for insuring the trial by Italian courts of persons who are alleged to have committed offenses against the persons, property or security of the U.S. forces.
13.
The Commanding General and the appropriate Italian authorities will establish machinery for such mutual assistance as may be required for making investigations, collecting evidence, securing the attendance of witnesses in relation to cases triable under Allied, U.S. or Italian jurisdiction, and to provide procedure for punishment in appropriate courts of witnesses who refuse or fail to comply with a summons, improperly refuse to testify, or who commit perjury or contempt of court.
14.
The Government of Italy hereby undertakes to satisfy and to hold harmless the United States and its armed forces in all cases of non-combat claims of the Italian Government or of third persons against the United States, not arising out of contract, which have arisen or may arise by reason of acts, defaults or operations of members of the armed forces of the United States, civilian employees thereof, and [Page 854]persons accompanying or serving with the United States armed forces, in Italy or Italian territory. Such claims shall be assumed, settled, litigated or otherwise disposed of in such manner as the Italian Government may determine. For the purposes of this undertaking the term “persons” shall include corporations, partnerships and similar entities with a place of business in Italy or Italian territory.
15.
(a) Members of the U.S. forces and organizations or persons employed by or accompanying these forces and property, income, compensation or receipts belonging to them or to their Government shall be exempt from any impost, tax, charge or duty of any kind whatsoever imposed by the Italian Government or any of its political subdivisions or agencies. All the exemptions mentioned in this paragraph shall also apply to property imported by the U.S. forces or by organizations employed by or accompanying these forces for use or for distribution as relief or otherwise, in Italy or elsewhere.
(b) Without limiting the generality of subparagraph (a) of this paragraph, no impost, tax, charge or duty of any kind whatsoever imposed by the Italian Government or any of its political subdivisions or agencies shall apply to or with respect to the sale or other disposition, for export or otherwise, of surplus or other U.S. Government material or property; nor shall the Italian Government or any of its political subdivisions or agencies discriminate, by taxation or otherwise, against the purchaser or recipient of such material or property on account of the acquisition, use or disposition of such material or property.
16.
(a) The Commanding General shall have the right to exercise jurisdiction over and to hold displaced and stateless persons, enemy prisoners of war, disarmed enemy personnel, war criminals, and security suspects of enemy nationality in refugee, prisoner of war or internment camps in Italian territory or to remove them from such camps and from Italian territory at will.
(b) The Italian Government shall have the right to hold prisoners of war (German) and displaced persons in Italian territory. At the request of the Commanding General under appropriate arrangements that may be entered into, the Italian Government will hold all such persons listed in paragraph 16 (a) for any of the Allied Governments.
(c) The Italian Government will cooperate in facilitating the repatriation of displaced persons and the disposition of stateless persons from or through Italy.
17.
Arrangements for the disposal of the remains of deceased members of the U.S. forces of World War II and erection of monuments will be set forth in a separate agreement.
18.
The Italian Government when requested will attach to the U.S. forces Italian officers or civilian officials for liaison duties to assist the U.S. military authorities in their relations with the Italian civil and military authorities. These liaison officers or officials, whose numbers and qualifications will be agreed upon between the Commanding General and the appropriate Italian ministries, shall so far as possible be employed as intermediaries between the U.S. military authorities and the Italian local authorities in the execution of the provisions of this agreement and in other matters.
19.
The interpretation of this agreement, the settlement of any difficulties arising therefrom, and the question of appropriate supplementary arrangements covering questions not dealt with in this agreement shall form the basis of further discussions between the United States and the Italian Government.
20.
The term “U.S. forces” when used in this agreement shall be defined as “U.S. Armed Forces and Governmental organizations and accredited agencies operating under or in conjunction with such forces” whenever applicable. The term “Italy” shall be deemed for the purposes of this agreement to include all territories under Italian sovereignty and the territorial waters around them. However, nothing herein contained shall be construed to limit the existing rights and powers vested in Allied or U.S. commanders by virtue of the military occupation of Venezia Giulia and the Province of Udine.
21.
The foregoing agreement shall be in full force and effect from the date of signing of this agreement and shall continue during the occupation by U.S. forces of Austria or of any portion of Italian territory which may be provided for in the Agreement Modifying the Armistice Regime, and shall continue for such reasonable time thereafter, not to exceed three months, as is required for the withdrawal of the U.S. forces.
22.
In the event that conflicting requests are made on the Italian Government by the Commanding General, United States Forces under the provisions of this agreement and the Commanding General of the forces of another government under a similar agreement, the Italian Government shall invite the attention of the Commanding Generals concerned to such conflicting demands and request that they resolve their differences or report the situation to their respective governments for determination.

  1. A note by the secretaries of the State–War–Navy Coordinating Committee, June 10, 1946, states that by informal action on June 7 the Committee approved; this modified draft.