Foreign Relations of the United States, 1946, Council of Foreign Ministers, Volume II

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

Record of Decisions, Council of Foreign Ministers, Third Session, Twentieth Meeting, Waldorf-Astoria Hotel, New York, December 10, 1946, 11:45 a.m.⁹²

New York, December 10, 1946, 11:45 a.m.

secret
CFM(46) (NY) 20th Meeting

Present

	U.S.A.
	Mr. Byrnes (Chairman)
	Mr. Dunn
	Mr. Cohen
U.S.S.R.		France
M. Molotov		M. Couve de Murville
M. Gousev		M. Alphand
M. Novikov		M. Bérard
		M. Lebel
	U.K.
	Mr. Bevin
	Mr. Jebb
	Mr. Sterndale Bennett
	Lord Hood

I. Report by the Deputies

The Council heard reports by the Acting Chairmen of the 130th and 131st meetings of the Deputies.

II. Letter to Secretary-General of the United Nations Concerning the Decision of the Council of Foreign Ministers on the Establishment of the Free Territory of Trieste, Together With Relevant Documents

The draft of this letter circulated in Doc. CFM(46) (NY)67 revised⁹³ was approved for signature by the Acting Chairman and for despatch to the UN Secretary-General as soon as the texts to be attached to it were finally completed.

III. Commercial Aviation—Article 32 of the Permanent Statute of the Free Territory of Trieste⁹⁴

After an exchange of views the decision was deferred.

IV. Ban on Exclusive Economic Unions—Sub-Paragraph III, 11(d) of the original French Resolution on Trieste⁹⁵

This clause proposed by the French Delegation and adopted by the Paris Conference was agreed for inclusion in the Permanent Statute.

V. Instrument for the Free Port of Trieste (Doc. CFM(46) (NY)68)⁹⁶

Article 18

This article was adopted to read as follows:

“The administration of the Free Port shall be carried on by the Director of the Free Port who will represent it as a juridical person. The Council of Government shall submit to the Governor a list of qualified candidates for the post of Director of the Free Port. The Governor shall appoint the Director from among the candidates presented to him after consultation with the Council of Government. In case of disagreement the matter shall be referred to the Security Council. He may also dismiss the Director upon the recommendation of the International Commission or the Council of Government. The Director shall not be a citizen of Yugoslavia or Italy.

“All other employees of the Free Port will be appointed by the Director. In all appointments of employees preference shall be given to citizens of the Free Territory.”

Article 21

In this Article it was agreed to add Poland and Switzerland to the original enumeration of countries.

Article 22

The unagreed words in this Article were deleted.

Article 23

The unagreed phrase was adopted with the addition of the words “the technical aspects of” before “transit”.

Article 26

This Article was adopted, the words “Security Council” being amended to read “Government of the French Republic”.

With the above modifications and additions the Instrument as a whole was adopted.

VI. Committee of Economic Experts

It was agreed to instruct this Committee to report on the remaining economic questions outstanding in the various treaties in time for a meeting of the Deputies to be held at 10 a.m. on the following day.

VII. Next Meetings of the Council

Deputies—10 a.m. on December 11th.

Ministers—11:30 a.m. on December 11th.

92. A marginal typewritten notation indicates that this Record is a provisional text as revised on December 28.
93. See footnote 79, p. 1495.
94. The text of article 32 of the draft Permanent Statute as contained in document CFM(46) (NY)62, December 7, 1946, not printed, is given in footnote 81, ibid.
95. Under reference here is article 16, paragraph 11, sub-paragraph d, of the Recommendations of the Peace Conference on the Draft Peace Treaty with Italy, vol. iv, p. 897.
96. The draft Instrument for the Free Port of Trieste, CFM(46) (NY)68, December 9, 1946, is not printed. Articles and language under dispute in that draft are set forth in annotations to the United States Delegation Minutes of this meeting, supra.