C.F.M. Files: Lot M–88: Box 2080: Records of Decisions

Record of Decisions, Council of Foreign Ministers, Third Session, Seventh Meeting, Waldorf-Astoria Hotel, New York, November 12, 1946, 4:30 p.m.

secret
CFM (46) (NY) 7th Meeting

Present

U.K.
Mr. Bevin (Chairman)
Sir Oliver Harvey
Mr. Jebb
Mr. Sterndale-Bennett
U.S.S.R. France
M. Molotov M. Couve de Murville
M. Vyshinsky M. Alphand
M. Gousev M. Bérard
U.S.A.
Mr. Byrnes
Mr. Vandenberg
Mr. Dunn
Mr. Cohen
[Page 1127]

I Report by the Deputies

The Council approved the report submitted by the Chairman of the Deputies (see Annex).

As a result the amended texts to Article 13, para. 4 (Human Rights), Article 14 bis (Treatment of pro-Allied Sympathizers), and a new Article to be inserted between Articles 14 and 15 (Dissolution of Fascist Organizations) were agreed, and the reference of a number of questions to the Economic Experts approved (see Record of 117th Meeting of Deputies).4

II Peace Treaty With Italy

The Council resumed the discussion in second reading of the un-agreed Articles of the Italian Treaty.5

Article 10 bis, Austro-Italian Agreement

The decision on this Article was deferred.

Article 16, Free Territory of Trieste (also Articles 3 and 4)

The Council exchanged views regarding a possible reply to be sent to the letter of November 11, 1946 from the Italian Ambassador in Washington to the Heads of the Four Delegations on the problem of the Italo-Yugoslav frontier.6

The Council heard the proposal by the U.S.S.R. Delegation that the Deputies should be instructed to consider the draft Statute of the Free Territory of Trieste on the basis of the decision previously adopted by the Council and of the following directives:

  • “1. The duty of the Governor is to ensure the observance of the Statute of the Free Territory. For this purpose the Governor shall have the right to suspend the laws and regulations adopted in violation of the Statute.
  • “2. All foreign troops stationed in the Free Territory of Trieste shall be withdrawn within . . . . after the coming into force of the Peace Treaty with Italy.”

After an exchange of views, it was agreed to resume the discussion at the next meeting of the Council on the basis of the French proposal for the Statute of the Free Territory contained in the recommendation of the Paris Conference.

III Newt Meeting of the Council

Wednesday, November 13, at 4 p.m.

New York, November 21, 1946.

[Page 1128]

Annex

Report of the Acting Chairman of the 117th Meeting of the Deputies

The Deputies met this morning to consider the questions referred to them by the Council of Foreign Ministers. With respect to Article 13, paragraph (4), Human Rights, they agreed to the Soviet proposal to insert the words, “in accordance with the fundamental laws of the country in question”, after the word, “secure”. The Deputies agreed to recommend to the Council of Foreign Ministers the adoption of the following redraft of Article 14–A. It was a Yugoslav proposal on the Dissolution of Fascist Organizations. “Italy shall not persecute or molest Italian nationals including members of the armed forces solely on the grounds that during the period from June 10, 1940, to the date of the bringing into force of the present treaty they expressed sympathy with or took actions in support of the Allied or Associated Powers.” In accepting this wording, the Deputies agreed to include in their report to the Council of Foreign Ministers a suggestion made by the French representative with respect that it is understood that the draft of paragraph (4) in its general form covered Italian citizens who came out in favor of ceding Italian territory to one of the Allied or Associated Powers and that this interpretation will be brought to the knowledge of the four Ambassadors who would conform to it if a question of this nature is brought before them.

The Deputies also agreed to recommend to the Council of Foreign Ministers the adoption of the UK redraft of the new article, which was a joint Polish-Ukrainian proposal, to be inserted between Articles 14 and 15. This Article reads as follows: “Italy, in accordance with Article 30 of the Armistice Agreement, has taken measures to dissolve the Fascist organizations in Italy, shall not permit the resurgence in its territory of such organizations, whether political, military, or semi-military, whose purpose it is to deprive the people of their democratic rights.” The Deputies discussed the French draft proposed as a substitute for the Australian amendment providing for a reparations commission. It was agreed to refer this matter to the Economic Committee to go with the suggestion that there should be added to the French draft a provision along the lines of paragraph (3) (b) of the Australian amendment to provide for approval by the four Ambassadors of reparations agreements concluded between Italy and other governments.

The Deputies have also heard comments on the suggestion of the U.S. Deputy that Italy also be consulted.

[Page 1129]

The following Articles were also referred to the Economic Committee for discussion. Italy, Annex 6 (b); Roumanian Annex 4 (b); Bulgarian Annex 4 (b); Hungary Annex 4 (b); Petroleum Export; also the Restitution of Property and Claims against Germany, Finland; Article 26; and corresponding Articles of the Treaties.

  1. The Record of Decisions of the 117th Meeting of the Deputies, November 12, 1946, not printed, is substantially the same as the Report of the Deputies printed in the Annex to this document.
  2. The articles under consideration at this point were those included in the Recommendations of the Peace Conference on the Draft Peace Treaty with Italy, vol. iv, p. 889.
  3. For text of the letter under reference as transmitted to the Secretary of State, see p. 1109.