701.0065/34

Memorandum by Mr. Heyward G. Hill of the Division of Southern European Affairs

Mr. Barclay of the British Embassy has left a note at the Department stating that the Foreign Office would be glad to have the views of this Government on the general question of neutral representation in Italy which they think should be cleared up before the Allied forces reach Rome. The following is quoted from this note:

[Here follows second paragraph of British note dated May 1, supra.]

Article 25 (b) of the long terms of the armistice states as follows: [Page 1171]

“The United Nations reserve the right to require the withdrawal of neutral diplomatic and consular officers from occupied Italian territory and to prescribe and lay down regulations governing the procedure for and methods of communication between the Italian Government and its representatives in neutral countries and regarding communications emanating from or destined for the representatives of neutral countries in Italian territory.”

The Allied military authorities have no objection to the appointment by the United Nations of consuls to liberated Italian territory. They would function through the political section of the Allied Control Commission. The following is quoted from Tam telegram 125 of January 8:

“The United States State Department desires to appoint consular officers and open consulates in Sicily and southern Italy as soon as Allied Military Government is terminated in those areas. It has also been proposed by several of the other United Nations to appoint consuls general or representatives to liberated Italian territory. It is contemplated that contact between the Italian Government and these consular officers, including United States consular officers, will be through the political section of the control commission only. Such officers will not be members of or attached to the commission as suggested in Tam 60.36 In this way the present balance of the control commission will not be disturbed. Consular officials may, in the discretion of the control commission, be granted permission to approach directly local Italian officials within the consuls respective districts. Authority to act in lieu of exequaturs, if deemed necessary, will be issued by you in your capacity of President of the Allied Control Commission.”37

After Rome is liberated and the Italian government is set up there, it is suggested that the Italian government can conveniently carry on its relations with the allied and neutral nations through the exchange of consular representatives. These would be concerned with such matters as economic proceedings, commercial and banking transactions, citizenship, welfare and protection cases, etc.

Until a peace treaty is signed and Italy again takes its place as a fully sovereign member of the family of nations, it will not be in a position to send or to receive duly accredited diplomatic representatives, nor would there appear to be any necessity for it to do so. Nations now or shortly to be represented by consuls in liberated Italy: United States, United Kingdom, Poland, Netherlands, Belgium, Switzerland.

[Page 1172]

As regards the neutral diplomatic representatives now in Rome, I suggest that they be considered as having no diplomatic status with the present Government of Italy, and that, under the terms of Article 25(b) of the armistice, they be requested to withdraw when Rome is occupied by the Allies. Their governments might be given the option of naming them consuls.

The problem is still left as regards Italian diplomatic representation now functioning in certain neutral countries (Portugal, Spain, Sweden, Buenos Aires, Eire, Turkey, Switzerland). As all of these representatives now conduct their negotiations with the Italian Foreign Office through the Allied Control Commission, they could continue to do so.

  1. Not printed, but see footnote 23, p. 1167.
  2. The Supreme Allied Commander, Mediterranean Theater, Gen. Sir Henry Maitland Wilson, agreed to Tam 125 in his telegram Mat 136, February 5, 1944 (not printed) adding: “Considering policy of the Headquarters to devolve upon GO CinC ACMF [General Officer, Commander in Chief, Allied Central Mediterranean Force], who is also representative in Italy of President of Allied Control Commission, responsibility for Italian civil affairs, it is contemplated that requests for authority to act as consul would be referred to him for consideration and action.”