C.F.M. Files: Lot M–88: Box 2080: Records of Decisions
Record of Decisions, Council of Foreign Ministers, Third Session, Sixteenth Meeting, Waldorf-Astoria Hotel, New York, December 5, 1946, 4 p.m.
CFM(46) (NY) 16th Meeting
Present
| U.S.A. | ||
| Mr. Byrnes (Chairman) | ||
| Mr. Dunn | ||
| Mr. Vandenberg | ||
| Mr. Cohen | ||
| U.S.S.R. | France | |
| M. Molotov | M. Couve de Murville | |
| M. Gousev | M. Alphand | |
| M. Novikov | M. Bonnet | |
| M. Kozyrev | M. Bérard | |
| U.K. | ||
| Mr. Bevin | ||
| Mr. Jebb | ||
| Mr. Gregory | ||
| Mr. Sterndale Bennett | ||
| Mr. Fitzmaurice | ||
| Lord Hood |
I. Report by the Deputies
The Council heard the report submitted by the Acting Chairman of the Deputies concerning the text of the Draft Permanent Statute of the Free Territory of Trieste and decided to adopt the agreed Articles in this draft.97
[Page 1435]After an exchange of views on the unagreed Articles the following decisions were adopted, subject to final drafting:
Article 6. (now Article 9 in document CFM(46) (NY) 62).98 Opening phrase to read: “For the government of the Free Territory there shall be a Governor, a Council of Government …”
Article 25. (now 23) Adopted to read as follows:
“The power of pardon and reprieve shall be vested in the Governor and shall be exercised by him in accordance with the provisions to be laid down in the Constitution.”
Article 26. (now 24) The U.S.S.R. Delegation having withdrawn its reservation regarding paragraph 3, the whole of this Article was adopted.
Article 31. (now 33) The whole of this Article was adopted with the exception of the concluding sentence in paragraph (c). The first sentence of paragraph (b) was amended to read:
“The Free Territory shall open special maritime registers for Czechoslovak and Swiss, and when the Peace Treaties with Austria and Hungary have been concluded, for Austrian and Hungarian ships and vessels upon request of any one of these Governments.”
Article 33. (now 6) The unagreed paragraphs 2 and 3 of Part A of this Article were adopted subject to the end of the first sentence of paragraph 2 being amended to read:
“. . . . shall be entitled to opt for Italian citizenship within a period of 6 months from the entry into force of the Constitution and on the conditions laid down in the Constitution”.
Article 34. (now 7) It was agreed to delete the words “[and Croat]”99 in the first sentence and to adopt the second sentence without brackets.
Article 38. (same number in CFM(46) (NY)62). A proposal by the U.S. Delegation to add at the end of this Article the words:
“except that those provisions of the present Statute which are not inconsistent with the Instrument for the Provisional Regime and are applicable during the period of such regime shall enter into force along with the provisions of such Instrument”
was referred to the Legal Committee:
II. Report by the Legal Committee
Article 77 A was adopted.1
[Page 1436]III. Motor Torpedo-Boats
The Council agreed to adopt the Paris Conference recommendations on this subject in respect of Article 14 of the Roumanian, Article 12 of the Bulgarian, Article 13 of the Hungarian and Article 16 of the Finnish Treaties.
IV. Regime of the Danube
The Council agreed to adopt the following Soviet text amended by the U.K. Delegation for inclusion as Article 34 of the Roumanian, Article 32 of the Bulgarian and Article 33 of the Hungarian Treaties.
“Navigation on the Danube shall be free and open for the nationals, vessels of commerce and goods of all States on a footing of equality in regard to port and navigation charges and conditions for merchant shipping. The foregoing shall not apply to traffic between ports of the same State.”
It was further agreed that the Soviet text amended by the U.K. Delegation concerning a conference to draw up a new convention for the regime of the Danube would be adopted as a resolution of the Council of Foreign Ministers. The Drafting Committee was instructed to review the text with a view, more particularly, to the orderly enumeration of the participating States.
V. Fair Prices for Reparation Deliveries
The Council adopted for Article 30 bis of the Roumanian Treaty the following text proposed by the U.S.S.R. Delegation and amended by the U.K. Delegation:
“Any disputes which may arise in connection with the prices paid by the Roumanian Government for goods delivered by this Government on account of reparations and acquired from nationals of an Allied or Associated Power or companies owned by them shall be settled, without prejudice to the execution of obligations with regard to reparations, by means of diplomatic negotiations between the Roumanian Government and the Government of the country concerned. Should the direct diplomatic negotiations between the parties concerned not result in a solution of a dispute within two months, such a dispute shall be referred to the Ambassadors in Bucharest of the USSR, USA and UK for settlement. In case the Ambassadors fail to reach agreement within two months, either party may request the Secretary General of the United Nations to appoint an arbitrator who shall take a decision binding on the parties to the dispute.”
VI. Compensation
It was agreed that the rate of compensation payable to United Nations nationals under the various Treaties would be fixed at 66⅔%, the Deputies being instructed to review in this light the wording of the relevant Treaty Articles, in particular Article 68, para, 4(d) of the Italian Treaty and Article 24, para. 4(d) and (e) of the Roumanian Treaty.
[Page 1437]VII. Reparation
It was agreed to fix the amount of reparation to be paid by Italy and Bulgaria as follows:
| Italy | Bulgaria | |
| To Ethiopia | $25,000,000 | |
| To Yugoslavia | 125,000,000 | $25,000,000 |
| To Greece | 105,000,000 | 45,000,000 |
| To Albania | 5,000,000 |
Article 20 of the Bulgarian Treaty (concerning conditions which should govern payment of the reparation amounts agreed for Bulgaria) was, after an exchange of views between members of the Council, referred to the Economic Committee, to determine whether it is possible to make this Article conform to the corresponding articles either of the Roumanian or of the Italian Treaties.
VIII. Preparation of Final Treaty Texts
The Deputies were instructed to consider and report on the question of the technical preparation of the final texts of the various Peace Treaties with a view to their completion for signature at the earliest possible moment.
IX. Next Meeting
Friday, December 6, at 4 p.m.
- The Draft Permanent Statute under reference, which had been prepared by the Trieste Sub-Committee, was submitted to the Deputies at their 128th Meeting, December 5, 1946, as an unnumbered document dated December 3, 1946, not printed. As finally adopted by the Council and included in the signed Treaty of Peace with Italy, the Permanent Statute of the Free Territory of Trieste was included as Annex VI. The unagreed portions of the undated draft of December 3 are identified specifically in annotations to the United States Delegation Minutes of this Council meeting, supra.↩
- This document, dated December 7, constituted a revision of the unnumbered document of December 3, prepared by the Trieste Sub-Committee. It is not printed.↩
- Brackets appear in the source text.↩
- In the Treaty of Peace with Italy, this article was renumbered as article 89.↩