Foreign Relations of the United States, 1947, The British Commonwealth; Europe, Volume III

740.00119 Council/1–2447

The Secretary of State to the Italian Ambassador ( Tarchiani )

The Secretary of State presents his compliments to His Excellency the Italian Ambassador and has the honor to refer to His Excellency’s note 85 D/S of January 24, 1947,¹ inquiring concerning the coming into force of the Treaty of Peace with Italy. It is noted that a similar inquiry was addressed to the Secretary General of the Council of Foreign Ministers under date of January 23, 1947.

Article 90 of the proposed treaty provides that it shall be ratified by the Allied and Associated Powers and also by Italy. It also provides that it shall come into force immediately upon the deposit of ratifications by the Union of Soviet Socialist Republics, the United Kingdom, the United States and France.²

Article 89 expressly states that the Treaty shall not confer any rights or benefits on any Allied or Associated Power or its nationals until such power ratifies the Treaty.³

Although the Treaty itself is silent as to the rights of Italy in the absence of ratification by Italy, it is the view of the United States Government that until the treaty is ratified by Italy, no rights or benefits under the treaty can be claimed by Italy, which would remain subject to the terms of the Armistice.⁴

It is the sincere hope of the American Government that Italy will in its own interest promptly sign and ratify the Treaty.⁵

Washington , February 1, 1947.

1. Not printed; it stated: “… that the Italian juridical experts have been unanimously and constantly interpreting that clause in the sense that the coming into force of the Treaty is subordinated, not only to the signature, but also to the successive ratification on the part of the competent Italian organs.

   “On the contrary, according to press reports, a spokesman of the [British] Foreign Office is said to have expressed himself these days in the sense that the Treaties would come into force, not only in case of failure to ratify, but also in case of failure to sign on the part of ex-enemy States.” (740.00119 Council/1–2447)

2. Article 90 reads: “The present Treaty, of which the French, English and Russian texts are authentic, shall be ratified by the Allied and Associated Powers. It shall also be ratified by Italy. It shall come into force immediately upon the deposit of ratifications by the Union of Soviet Socialist Republics, by the United Kingdom of Great Britain and Northern Ireland, by the United States of America, and by France. The instruments of ratification shall, in the shortest time possible, be deposited with the Government of the French Republic.

   “With respect to each Allied or Associated Power whose instrument of ratification is thereafter deposited, the Treaty shall come into force upon the date of deposit. The present Treaty shall be deposited in the archives of the Government of the French Republic, which shall furnish certified copies to each of the signatory States.”

3. See footnote 1 to telegram 107, p. 517.

4. In telegram 268, February 1, from Moscow, not printed, Ambassador Smith reported that the Italian Embassy in Moscow had asked the same question of the Soviet Government, mentioning the press statements regarding the views of the British Foreign Office. The Soviet Government’s opinion was that in accordance with Article 90 “treaty will be ratified by allied and united powers and must also be ratified by Italy. Article 90 obligates Italy to sign and ratify. Moment when treaty comes into effect depends on exchange of ratified copies by four powers as indicated Article 90.” The Soviet Government asked for the views of the United States since the question was within the competence of the Four Powers. (740.00119 EW/2–147)

   By telegram 174, February 4, not printed, Ambassador Smith was instructed to explain the United States’ view in language almost identical with that of the Secretary’s reply to Ambassador Tarchiani and to add that the Department “hopes Italy will in her own interest sign and promptly ratify treaty”. The message was repeated to Rome, 164; to London, 567; Paris, 440. (740.00119 EW/2–147)

5. By telegram 154, January 31, not printed, the Embassy in Rome was advised of the Department’s view that Italy’s own interest required that it sign and ratify the treaty, that care had been taken to avoid any impression of pressure but the hope had been expressed that Italy would sign and ratify the treaty (740.00119 EW/1–3047).