Foreign Relations of the United States, 1946, Paris Peace Conference: Documents, Volume IV

CFM Files

Report to the Political and Territorial Commission for Italy by the Sub-Commission on the Statute of the Free Territory of Trieste

C.P.(IT/P) (S/T) Doc. 8

Paris, September 30, 1946.

1. The Sub-Commission for the Statute of Trieste received from the Political and Territorial Commission for Italy, on the 10 September, 1946, the task of examining and reporting as soon as possible on a statute for the Free Territory of Trieste.

2. The Sub-Commission held 15 meetings.

3. The delegate for the Netherlands, Mr. Star Busmann, was elected Chairman-Rapporteur.

4. The Sub-Commission adopted the following programme for its work, as proposed by the U.S. delegate, and amended by the Yugoslav delegate:

• I. Government of the Free Territory

  1. Legislative authority

  2. Executive authority

  3. Functions of the Governor in the administration of the Free Territory.

  4. Civic rights. The Judiciary.

  5. Citizenship.

• II. Economic questions and Free Port

  1. Economic questions

  2. Free Port.

• III. General Status of the Free Territory

  1. Independence, neutrality, demilitarisation, frontiers.

  2. Relationships between the Free Territory, Yugoslavia and Italy.

• IV. Provisional Government.

5. The Sub-Commission used as a basis for discussion the agreed decision of the Council of Foreign Ministers set out under Article 16 of the Draft Peace Treaty with Italy and the five draft permanent Statutes as presented by the delegations of France, United Kingdom, United States, the U.S.S.R. and Yugoslavia, with the help of the comparative texts compiled by the United States delegation and kindly supplied to the sub-commission.

6. From the beginning of the discussion, it became clear that there existed fundamental differences of interpretation and implementation of those proposals concerning:

(a) The character of the Free Territory

(b) The responsibilities of the Security Council toward the Free Territory and, deriving from these, the position and role of the Governor and the position and role of the legislative and executive authorities of the Free Territory.

7. Such differences of conception made the work of the sub-commission difficult and explain why it has not been able to present, except on certain points, a single draft Statute.

(a)

8. The Soviet, Yugoslav and Polish delegates hold the view that the Territory of Trieste should be considered a State, which, although small, enjoys full independence even towards the Security Council. It is neither a colony, nor a territory under mandate, nor a dominion. One cannot place the population of a large European city, which is so advanced and so accustomed to democratic forms, under a regime of a colonial pattern and under the rule of a foreign Governor in the hands of whom the legislative and executive authorities should be concentrated. There is nothing in the decision of the Council of Foreign Ministers as set forth in Article 16 of the draft Peace Treaty with Italy to justify such a point of view. It is only said that the Security Council shall ensure the independence and the integrity of the territory of Trieste, but it is in no way said that the Security Council shall administer this territory. The guarantee of the Security Council, provided for in Article 16, paragraph 2, only involves the safeguarding of the independence and integrity of the Territory.

9. On the other hand, the United Kingdom, U.S.A. and French Delegations pointed out that the provisions of Article 16 applied to a highly contested area which for special reasons was being constituted with a status of its own of a more limited character than that of a normal State and which was being placed under the protection of the Security Council. Its special character was indicated by the very name “Free Territory”.

10. This standpoint was also that of the Australian and Netherlands Delegations.

The Australian Delegation stated that it was taking part in the discussion and giving its views without prejudice to the Australian amendment as contained in document C.P.(Gen) Doc.1.B.6.

(b)

11. According to the U.S.S.R. views, the wording of Article 16 said no more than that the integrity and independence of the Free Territory should be assured by the Security Council; para. 6–2°³ of this Article stipulated that legislative and executive authorities should be established on democratic lines, including universal suffrage; and sub-section 4 provided that an annual report should be submitted by the Governor to the Security Council. There was no suggestion that the Governor should govern. The Governor should be the agent of the Security Council. The Free Territory should be freed from interference by all other Powers including the Security Council itself. The Security Council was intended to assure the integrity and independence of the Free Territory and was not meant to govern. It was thus meant that the Governor might intervene only when the integrity and independence of the Territory were threatened, and that in such cases he would report to the Security Council. Hence he should have no executive power. If he were to govern, he would have towards the Assembly a responsibility which would be incompatible with his responsibility to the Security Council.

12. This interpretation was also given by the Polish and by the Yugoslav Delegates, both of whom emphasized that governmental powers for the Governor (called High Commissioner in the Yugoslav draft) who was a foreigner and not elected by the Trieste people, would be in contradiction with the principles of democratic government, laid down in Article 16 (para. 6, sub-section 2).

13. According to the U.K. Delegate, paragraph 2 of the Ministers’ decision of July 3rd laid a practical duty on the Security Council and as it would involve heavy responsibilities the agent of the Security Council must have adequate powers to permit of their fulfilment. In face of the conflicting national claims and rivalries his first task should be to assure peace and stability and to prevent conditions arising in which the integrity and independence of the Free Territory might be imperilled. He ought in particular to be in possession of the means to maintain public order and security.

14. The French and U.S. Delegates held similar views. They and the Australian Delegate attached great importance to the principle that the Governor should be equipped with adequate powers to discharge his responsibility. The United States Delegate further pointed out that the Governor as agent of the Security Council was also responsible for the protection of the human rights and fundamental freedoms of the inhabitants of the Territory. In the opinion of the U.S. Delegate, the exercise of the specific powers conferred upon the Governor as agent of the Security Council would in no way be incompatible with the interests of the people of the Territory.

15. The Netherlands Delegate merely wished to state that the Governor should be equipped with adequate powers to discharge his responsibility.

16. In order to expedite the work of the Commission, the Sub-Commission suggests that the Commission should first pronounce itself on the basic conceptions as exposed above.

17. The Sub-Commission will now summarize the conclusions arrived at. Reference is made to the Annex prepared by the Drafting Group of the Sub-Commission insofar as the different texts of Articles are concerned.

I.—Legislative Authority

18. Agreement was reached on the following points: Legislative authority to be exercised by a popular Assembly consisting of a single chamber which should be elected on the basis of universal, equal, direct and secret suffrage. Subject to a reservation by the United Kingdom Delegate, the Sub-Commission also agreed to the principle of proportional representation.

19. The main point[s] of disagreement on the legislative authority were:

(a) Right of initiative of the Governor in legislative matters.

(b) Circumstances under which the Governor could comment upon or suspend legislative measures.

II.—Executive Authority

20. Setting aside the position of the Governor, there was agreement that there should be a Council of Government, exercising executive authority elected by the Assembly and responsible to it.

21. The U.S. and U.K. Delegations proposed that the Governor should not preside over or be a member of the Council of Government but should simply have the right to attend the meetings of the Council of Government without the right of vote, and to speak on all matters affecting the responsibilities of his office. The Deputy-Governor and the Director of the Free Port Administration would have a similar right. Under the new U.S. and U.K. draft of Article 15, the exercise of executive authority by the Council of Government would be specifically subject to the responsibilities vested in the Governor under the Statute; and the U.K. Delegation made it clear that its agreement to the new article was based upon the understanding that the Governor retained all the powers provided for in the other draft Articles of the Permanent Statute proposed by the U.S. and U.K. Delegations.

22. The Delegations of the U.S.S.R., of Yugoslavia and of Poland, considering that the executive authority, embodied in the Government of the territory of Trieste, must be constituted by, and be fully responsible to, the popular Assembly, have held the view that the Governor cannot be a member of the Government nor intervene in any way in the sphere of the executive authority.

III.—The Governor

23. According to the U.S.S.R. delegate, supported by the Polish and Yugoslav delegates, it would be wrong to grant any executive powers to the Governor; the whole executive power should be vested in the Government appointed by and responsible to the popular Assembly.

24. The three Delegations have been particularly opposed to the maintenance of public order being made a responsibility of the Governor, and have declared themselves against all the reserve and special powers of the Governor, contained in the British, United States and French drafts.

25. On the other hand, the U.K. and U.S. delegates felt that the Governor should be provided with special powers for exceptional user’ He should be able to declare a state of siege and he should have reserve powers (Articles 21 and 22) for the following purposes:

Observance of the Statute including protection of basic human rights and the maintenance of integrity and independence, public order and security.

26. The U.S. and U.K. delegates emphasized that these reserve powers should only be exercised in exceptional circumstances but that these circumstances would not necessarily demand the prior proclamation of a state of seige.

27. The Australian delegate supported these views.

28. In addition, the U.K. and U.S. delegates felt that in the normal exercise of his responsibilities, the Governor should have certain limited prerogatives in the executive domain, namely:

(1) conduct of foreign relations;

(2) maintenance of public order and security;

(3) right, subject to safeguards, to dismiss any official for conduct incompatible with the Governor’s responsibilities to the Security Council (it being understood that all officials would hold office under the authority of the Governor);

(4) right to appoint members of the judiciary on the advice of the Council of Government, and, subject to safeguards, to dismiss such members for conduct incompatible with the responsibilities of their office;

(5) right of pardon and reprieve.

29. From its conception of the Governor’s role, the French delegation does not envisage, as regards the powers of the Governor, such extensive applications as the U.K. and U.S. delegations.

30. The Australian delegate took the same view and emphasized that the Governor’s powers should not entail more interference with local administration than was essential for the discharge of his responsibilities to the Security Council.

31. The Netherlands delegate submitted the following suggestions: the executive as well as the legislative powers should normally be in the hands of the locally constituted bodies and exercised by them in conformity with the Statute and the Constitution. The Governor’s power in the first place should consist in supervising their activities and safeguarding the independence and integrity of the Free Territory, the observance of the Statute, of the Constitution and of the decisions of the Security Council, including the giving effect to minority rights and the requirements of efficient government. He may always take part in the meetings of the local bodies and give advice. In case legislative or executive measures should infringe the above principles, the Governor may bring these measures before the Security Council for its decision; the Governor should have the right to suspend such measures and to take provisional action if the Government does not remedy the situation. Foreign affairs should be conducted in constant and complete consultation with the Governor. The Governor may declare a state of siege whenever he considers public peace and order to be seriously disturbed, thereby endangering the status of the Territory. In these circumstances, he should possess positive legislative and executive powers for the exercise of which he should be responsible to the Security Council. Normally, the responsibility for public security and safety should lie with the Trieste Government; a Director of public security should be appointed by the Security Council and should be a foreigner. A permanent Deputy Governor may thus be dispensed with.

IV.—Demilitarization of the Free Territory

32. There was agreement on general lines that the Free Territory of Trieste should be demilitarized. The U.S.S.R. delegate stated that it should also be declared neutral. This view was supported by the Polish and Yugoslav delegates.

33. The U.K. delegate supported by the U.S., French and Australian delegates felt it should be clearly stated that demilitarization should not affect in any way the fulfilment of the responsibilities of the Security Council.

V.—Economic Questions, Free Port and Transit Facilities

34. The U.S.S.R. delegate stated he was in favour of a customs union between the Free Territory and Yugoslavia and referred in this connection to point 4 of the proposal made by the Soviet delegation on September 16, 1946, which reads as follows:

“4. In order to ensure favourable conditions for the economic development of the Free Territory of Trieste, there should be established between the Free Territory and Yugoslavia, such economic cooperation as customs union, joint administration of railways of the Free Territory of Trieste, etc.”

35. The delegations of Poland and of Yugoslavia have shared the views of the delegation of U.S.S.R., but have declared themselves in favour of a real union between the Territory of Trieste and Yugoslavia, in view of the fact that Trieste is Yugoslavia’s only large port and that a close economic union with Yugoslavia is the only means whereby Trieste can achieve economic development and prosperity. Yugoslavia had the greatest part in the railway traffic of Trieste; she is the only country which is in a position to give a full measure of employment to the industry of Trieste, and to which this industry is really necessary.

36. The U.S. delegate made it quite clear that in his view, the status of the Free Territory would be incompatible with economic associations of an exclusive character with any other country. His delegation therefore rejected all proposals of this nature put forward by the U.S.S.R. and Yugoslav delegations. The Australian, French, Netherlands and U.K. delegations were in agreement with this statement of principle whereas the Polish delegation shared the views embodied in the Yugoslav proposal.

37. There was general agreement, that the Free Territory should have its own monetary system, subject to a reservation by the Yugoslav delegation supported by the Polish delegation that the monetary system of Trieste be linked with the dinar. The Netherlands delegation suggested that the Free Territory should be made a member of the International Monetary Fund.

38. The French delegation proposed that the whole Territory of Trieste should be made into a free customs zone. The Netherlands delegation supported the French view.

39. There was general agreement that there should be a Free Port within the Territory of Trieste and that it should be established by means of an international instrument.

40. Both the U.S.S.R. and the Yugoslav delegations were in favour of creating special port zones under exclusive Yugoslav and Italian jurisdictions, the U.S.S.R. delegation pointing out that these zones should be within the Free Port itself. The Polish delegation supported the U.S.S.R. and Yugoslav views; the other delegations felt that the creation of such special zones was unnecessary and incompatible with the status of the Free Territory. There was no objection however to the granting by the Government of the Free Territory, if practicable, of special facilities of a commercial nature, to countries requiring such facilities.

41. The U.S.S.R. and Yugoslav delegations were of the opinion that the creation of the Free Port should be dealt with in an independent and separate document which should be submitted to the Security Council for approval, while the other delegations thought that the instrument of the Free Port should form an annex to the Peace Treaty.

42. With regard to the transit traffic to and from Trieste, the Netherlands delegation, supported by the U.S., U.K., French and Australian delegates, suggested that the parties to the Peace Treaty should undertake not to impede such traffic in any way. The sub-commission felt that this matter should be referred to the Commission.

43. There was agreement on the point that ships could be registered in Trieste, but the U.S.S.R., Polish and Yugoslav delegations did not see any necessity for including such a provision in the Statute.

VI.—Citizenship

44. There was a general agreement that the provisions relating to citizenship should be included both in the Peace Treaty and the Statute.

45. There was a certain measure of agreement as to the criteria of citizenship. It was agreed that the date mentioned in Article 15 of the Treaty (June 10th, 1940) should be adopted for the required condition of domicile. There was no agreement however on the proposal of the U.S.S.R. and Yugoslav delegations to make continuous residence until the coming into force of the Peace Treaty a second requisite for citizenship nor was there agreement on the exclusion from citizenship, as proposed in the U.S.S.R. and Yugoslav drafts, of certain categories of persons because of their past political record. The French delegate, in opposing this exclusion, proposed to replace the relevant paragraph of the U.S.S.R. and Yugoslav drafts by the text of Article 38 of the Peace Treaty with Italy dealing with War Criminals. The U.S. and U.K. delegations considered that the criterion for determining original citizenship should be domicile in the Territory on June 10th, 1940 on the ground that this was the last date on which the real intent of the inhabitants could be determined.

46. There was also objection to the U.S.S.R. and Yugoslav drafts supported by the Polish delegate to extend on the basis of a simple declaration on their part citizenship of the Free Territory to all former Austro-Hungarian nationals who had left that area after October 28, 1918.

47. The Australian and Netherlands delegations felt that there was no objection to including in the Statute a provision facilitating the conditions of naturalization in the case of such persons. The other delegations felt however that the question of naturalization should be dealt with in the Constitution.

VII.—Provisional Government

48. The sub-commission held no more than a brief discussion on the general question of the provisional government and did not have time to discuss the detailed provisions of the U.K., Yugoslav and U.S. proposals.

49. The Soviet delegate proposed that an inter-allied commission should be established consisting of the representatives of U.K., U.S.A., U.S.S.R. and France, which after the entry into force of the Peace Treaty should form a provisional government of the Free Territory. For this purpose, the inter-allied commission should consult the local democratic parties and organizations.

50. The Soviet delegate also proposed that all foreign troops stationed in the Free Territory of Trieste should be withdrawn within 30 days from the coming into force of the Peace Treaty.

51. The Yugoslav delegate briefly explained the main ideas underlying his proposals relating to the provisional government of Trieste and which constituted the Yugoslav proposal for Annex 9 of the Peace Treaty. The Yugoslav proposal provided for the constitution upon the coming into force of the Peace Treaty, of an inter-allied commission composed of representatives of the U.S., the U.S.S.R., the U.K. and France. This Commission should exercise the powers of the representative of the Security Council, pending the election of the popular Assembly of Trieste. The Commission should have at its disposal for the maintenance of public order, contingents of the four Powers’ forces, of 1,000 officers and men each. These joint forces should be withdrawn within a period of not more than one month after the election of the Assembly. The Commission should appoint a provisional government, composed of four Italian and two Yugoslav representatives, which would exercise the executive authority and prepare the elections for the Constituent Assembly. The provisional government should form a provisional Assembly composed of forty Italian and twenty Yugoslav representatives. In this way, democratic principles would be safeguarded also in the transitional period.

52. The U.S. and U.K. delegates maintained that the responsibility of the Security Council in respect to the Territory should start from the day that the Territory was created. In their view the first days in which the Territory was under the provisional regime would be of the utmost importance for the future maintenance of the independence of the Territory and for its future well being. Adequate provisions should therefore be made to ensure that during this period the responsibility of the Security Council was thoroughly protected. The agent of the Security Council should immediately assume office when the responsibility of the Council begins and he must have sufficient power to enable him to carry out these responsibilities. He would have to work out in consultation with the people of the Territory, the machinery necessary to realize fully the democratic provisions of the permanent Statute. This realization must take place in an orderly and progressive way. The Security Council would have to determine what troop contingents could be withdrawn and whether other troops were necessary. The Australian delegate generally supported their views.

53. The U.K. delegate explained the main lines of the project submitted by the U.K. delegation on the basis of the above principles. He stressed the need for the preservation of peace and stability in the Free Territory during the critical transitional period and drew attention to the fact that the U.K. proposal contemplated as a matter of convenience that available U.S. and U.K. personnel and military contingents should as from the entry into force of the Treaty be at the disposal of the Governor as the agent of the Security Council until such time as the Security Council should decide that adequate and alternative provision had been made for the good administration and public order of the Free Territory.

54. The U.K. and U.S. delegates also considered that special economic provisions would be needed in this interim period pending final determination of these questions.

55. With regard to the creation of an inter-allied commission as suggested by the U.S.S.R. delegate, the U.S. delegate drew attention to the fact that Article 16, para. 6 of the Peace Treaty mentioned only the appointment of a Governor in connection with both the provisional and permanent Statute.

56. The French delegation reminded the sub-commission that their draft Statute, as contained in Doc.C.P.(IT/P) Doc.40, set forth various provisions which they proposed for the interim period. Of these, the most important relate to the organisation of the first elections, to certain special powers granted to the Governor during the said period and to the maintenance of order by troop contingents of an international character under the authority of the Security Council.

57. The Netherlands delegate stated that he associated himself with the French proposal insofar as it concerned international contingents.

Annex

Comparative Texts of the Various Draft Statutes

INDEX

Section I. General Provisions

• Article 1. Area of Free Territory
• Article 2. Guarantee of Integrity and Independence
• Article 3. Demilitarization of the Free Territory

Section II. Human Rights and Constitution

• Article 4. Human Rights and Fundamental Freedoms
• Article 5. The Constitution of the Free Territory
• Article 6. Organs of Government

Section III. Status of the Governor

• Articles 7, 8, and 11. Appointment and Citizenship of Governor—Tenure of Office—Salary and Allowances
• Article 9. Appointments of Deputy Governor, Director of Public Security and Director of the Free Port Administration
• Article 10. Governor and Staff: Prohibitions against Their Receiving Instructions from any Source External to the Security Council

Section IV. Legislative Authority

• Article 12. Legislative Authority
• Article 13. Enactment of Legislation
• Article 13A. Right of Assembly to Deliberate
• Article 14. Preparation of Budget

Section V. Executive Authority

• Article 15. Council of Government
• Article 16. Administrative Officials to Hold Offices under authority of Governor

Section VI. The Judiciary

• Article 17. Exercise of Judicial Authority
• Article 18. Guarantee of Freedom and Independence of Judiciary
• Article 19. Appointment of Judiciary

Section VII. Responsibilities of the Governor

• Article 20. Responsibility of Governor to Security Council
• Article 21. Exercise of Reserve Powers by Governor
• Article 22. Suspension—Legislative and Administrative Measures
• Article 23. Report to Security Council on Exercise of Reserve Powers
• Article 24. Maintenance of Police Force
• Article 25. Exercise of the Power of Pardon and Reprieve

Section VIII. Foreign Relations

• Article 26. Conduct of Foreign Relations
• Article 27. Conduct of Foreign Relations (continued)
• Article 28. Flag and Coat–of–Arms

Section IX. Economic Provisions

• Article 29. Monetary System
• Article 30. Free Port
• Article 31. Registration of Vessels
• Article 31A. Administration Railways of the Free Territory
• Article 31B. Customs Union Between the Free Territory and Yugoslavia
• Article 31C. Reciprocal Rights of Settlement and Employment between Yugoslavia and the Free Territory
• Article 31D. Water and Electric Power
• Article 3IF. Postal, Telegraph and Telephone Union
• Article 31G. Labour Legislation
• Article 31H. Special Agreements on Yugoslav-Triestine Services
• Article 31I. Frontier Traffic

Section X. Local Government

• Article 32. Local Government

Section XI. Citizenship and Language

• Article 33. Citizenship
• Article 34. Language

Section XII. Interpretation and Application of the Statute

• Article 35. Interpretation of Statute
• Article 36. Petitions by Assembly to Security Council

Section XIII. Commencement and Amendment of the Statute

• Article 37. Amendment of Statute
• Article 38. Coming Into Force of Statute
• Article 38A. Liquidation Italian Sovereignty

Article 1. Area of Free Territory^*

Agreed

The drafting of Article 1 shall correspond to the drafting of the corresponding Articles in the Peace Treaty with Italy.

Article 2. Guarantee of Integrity and Independence

(a) The integrity and independence of the Free Territory shall be assured by the Security Council of the United Nations.

U.S., France and U.K. proposed addition

… which shall take all measures necessary for this purpose and for ensuring the observance of the present Statute and the maintenance of public order.

U.S. and U.K. proposed addition

(b) The Security Council shall take all such military and other measures as may be necessary to give effect to sub-paragraph (a) above.

The Yugoslav Delegation reserved its position regarding sub-paragraphs 2 and 3 of Article 3 of its draft, which read as follows:

The Free City of Trieste shall be closely associated with the Federative People’s Republic of Yugoslavia in accordance with the provisions of the present Statute.

The status of the Free City of Trieste and its territory may not be modified except by a previous decision of the Security Council and with the consent of the Federative People’s Republic of Yugoslavia.

Article 3. Demilitarization of the Free Territory

U.S. & U.K.

The Free Territory shall be demilitarized. Without prejudice to the responsibilities of the Security Council under the Charter of the United Nations and under the terms of the present Statute:

(a) No military, naval, or air forces, installations or equipment shall be maintained, built, or manufactured in the Free Territory. No paramilitary formations, exercises or activities shall be permitted within the Free Territory.

(b) No military, naval, or air forces of any State shall enter the territory, territorial waters, or air space of the Free Territory. Likewise, neither the Government of the Free Territory nor any person under its jurisdiction shall make or discuss any military arrangements or understandings with any State or with any person under the jurisdiction of any State.

France

Article 3. The Free Territory shall be, and shall remain, demilitarised. It shall not maintain any armed forces, other than the police and gendarmerie required to enforce law and order in the territory, as hereinafter provided.

No military, naval or air forces, except upon direction from the Security Council, shall be allowed in the Free Territory or in its territorial waters.

The Free Territory shall refrain from entering into negotiations or arrangements having the nature of an alliance or liable to involve military obligations.

U.S.S.R. and Yugoslavia

The Free Territory of Trieste shall be neutral and demilitarised.

No military, naval or air forces, installations or equipment shall be maintained, built or manufactured in the Free Territory. No paramilitary formations, exercises or activities shall be permitted within the Free Territory.

No military, naval or air forces of any State shall enter the territory, territorial waters or air space of the Free Territory. Likewise the Government of the Free Territory shall not make or discuss any military arrangements or undertakings with any State.

The Yugoslav Delegation proposed to complete the U.S.S.R. draft with the following paragraph:

The Federative People’s Republic of Yugoslavia shall be authorised to maintain a contingent of guards on the Territory of the Free City of Trieste for the protection of the railways, the customs zone and the coast line.

Article 4. Human Rights and Fundamental Freedoms

The Constitution of the Free Territory shall ensure to all persons under the jurisdiction of the Free Territory, without distinction as to ethnic origin, sex, language or religion, the enjoyment of human rights and of the fundamental freedoms, including freedom of religious warship, language, speech and publication, education, assembly and association.^† Citizens of the Free Territory shall be assured of equality of access to public office.

Article 5. The Constitution of the Free Territory

U.S. and U.K.

The organization of the government of the Free Territory shall be laid down in the Constitution of the Free Territory which shall be in conformity with the provisions of the present Statute. The Constitution shall be established by democratic processes and shall be subject to approval by the Security Council as shall any amendments thereto.

France

Article 9. The Free Territory shall adopt its Constitution in accordance with democratic processes. The present Statute shall, however, form an integral part of the Constitution which shall not include any clauses incompatible with its provisions.

U.S.S.R. and Yugoslavia

The governmental structure of the Free Territory shall be defined by the Constitution of the said Territory.

The Constitution of the Free Territory shall be in conformity with the provisions of the present Statute.

The Constitution shall be established in accordance with democratic principles and ratified by the Popular Assembly with ⅔ majority of all its members.

Article 6. Organs of Government

U.S. and U.K.

The Government of the Free Territory shall be entrusted to a Governor, to a Council of Government, and to a legislative Assembly elected by the people of the Free Territory. Their respective powers shall be exercised in accordance with the provisions of the present Statute and of the Constitution of the Free Territory.

The French, U.S.S.R. and Yugoslav Delegations consider this Article is unnecessary.

Articles 7, 8 and 11. Appointment and Citizenship of Governor, Tenure of Office, Salary and Allowances

U.S., France, U.K. and U.S.S.R.

The Governor shall be appointed by the Security Council after consultation with the Governments of Italy and Yugoslavia. He shall not be a citizen of Yugoslavia or Italy [or of the Free Territory]^‡. He shall be appointed for five years and may be reappointed. His salary and allowances shall be borne by the United Nations.

The Security Council, if it considers that the Governor has failed to carry out his duties, may suspend him and, under appropriate safeguards of investigation and hearing, dismiss him from his office. In the event of his suspension or dismissal or in the event of his death or protracted disability the Security Council may designate or appoint another person to act as Provisional Governor until the Governor recovers from his disability or a new Governor is appointed.

Yugoslavia

The Government of the Federative People’s Republic of Yugoslavia shall appoint a Governor who shall be its representative with the Government of the Free City of Trieste for all matters of interest to Yugoslavia in connection with the real union.

The Governor shall be entitled to submit his comments to the Government of the Free City and to the High Commissioner in respect of questions concerning the real union and the application of the present Statute. Should the High Commissioner not agree with the Governor’s comments, the matter shall be submitted to the Security Council.

Article 9. Appointments or Deputy Governor, Director of Public Security and Director of the Free Port Administration

France, U.S. and U.K.

The Governor shall appoint a Deputy Governor, who shall also act as Director of Public Security under the direction of the Governor.

The general rules stipulated in Articles . . . . above apply to the Deputy Governor, who shall act for the Governor whenever the latter is prevented from performing his duties.

U.K. & U.S. proposed addition:

The Governor shall also appoint a Director of the Free Port Administration.

The U.S.S.R. and Yugoslav Delegations are opposed to the inclusion of this Article.

Article 10. Governor and Staff: Prohibitions Against Their Receiving Instructions From Any Source External to the Security Council

In the performance of their duties, the Governor [and his staff]^§ shall not seek or receive instructions from any Government or from any other authority external to the Security Council. They shall refrain from any act which might reflect on their position as international officials responsibile only to the Security Council.

Article 12. Legislative Authority

U.S., France, U.K. and U.S.S.R.

The legislative authority shall be exercised by a popular assembly consisting of a single chamber elected [on the basis of proportional representation]^║, by the citizens of both sexes of the Free Territory. The elections for the Assembly shall be conducted on the basis of universal, equal, direct and secret suffrage.

Yugoslavia

The legislative authority shall be exercised by a popular Assembly consisting of a single chamber elected on the basis of proportional representation by the citizens of the Free City of both sexes, being over 20 years of age. The elections for the Assembly shall be conducted on the basis of universal, equal, direct and secret suffrage.

War criminals or former officials of the Fascist party shall not be entitled to vote.

The popular Assembly and the Government of the Free City shall be the representatives of the people’s sovereignty over the territory of the Free City.

Article 13. Enactment of Legislation

Legislation may be initiated by members of the popular Assembly and by the [Council of]^¶ Government [and, in matters affecting his responsibilities to the Security Council, by the Governor],^**

Before being promulgated legislation enacted by the Assembly shall be presented to the Governor.

If the Governor considers that such legislation is contrary to the Statute, [or contains provisions likely to imperil the integrity, independence or internal order of the Free Territory, or to prejudice the human and civic rights of its inhabitants]^††, he may, within ten days following presentation of such legislation to him, return it to the Assembly with his comments and recommendations. If the Governor does not return the legislation within such ten days or advises the Assembly within such period that it calls for no comment or recommendation on his part, legislation shall be promulgated forthwith.

If the Assembly makes manifest its refusal to withdraw legislation returned to the Assembly by the Governor or to amend it in conformity with his comments or recommendations, the Governor shall, unless he is prepared to withdraw his comments or recommendations, in which case the law shall be promulgated forthwith, immediately report the matter to the Security Council. The Governor shall likewise transmit without delay to the Security Council any communication which the Assembly may wish to make to the Counsel on the matter.

[Legislation shall not be promulgated and shall remain pending until the decision by the Security Council if such legislation, in the opinion of the Governor, imperils the independence, the integrity or the principles of equality of the rights of the inhabitants of the Free Territory without distinction as to race, nationality or religion. In the other cases of refusal by the Assembly to withdraw or to amend the legislation, the latter may be promulgated if it concerns internal questions which do not affect the principle of equality of rights of the inhabitants’].^‡‡

If the Security Council, whose decision in the matter shall be final, shall fail to uphold the Governor in the position taken by him, the legislation shall be promulgated immediately. The legislation shall likewise be promulgated if the Security Council does not act within thirty days after receiving the report of the Governor, [unless a member of the Security Council shall register an objection to the coming into force of such legislation].^§§

[No law shall enter into force until it shall have been promulgated].^¶¶

The promulgation of laws shall take place in accordance with the provisions of the Constitution of the Free Territory.

Article 13A. Right of Assembly To Deliberate

Agreed

The Assembly shall have the right to deliberate upon any matters affecting the interests of the Free Territory.

Article 14. Preparation of Budget

U.S., French and U.K.

The Council of Government shall be responsible for the preparation of the budget of the Free Territory, including both revenue and expenditure, and for its submission to the Assembly.

If the Assembly should fail to vote the budget within the proper time limit, the provisions of the budget for the preceding period shall be applied to the new budgetary period until such time as the new budget shall have been voted.

The U.S.S.R. and Yugoslav Delegation considered the inclusion of this Article was unnecessary.

Article 15. Council of Government

U.S. and U.K.

Subject to the responsibilities vested in the Governor under the present Statute, executive authority in the Free Territory of Trieste shall be exercised by a Council of Government which will be formed by the Assembly and which will be responsible to the Assembly.

Members of the Council of Government shall be elected for a period of two years unless there is a change of legislature in which case they shall be required to stand for re-election. They shall be eligible for re-election. They may only be removed from office by the Assembly prior to the expiration of their term by a two-thirds majority vote.

Decisions of the Council of Government shall be taken by the vote of the majority of those present and voting.

The Governor, the Deputy Governor and the Director of the Free Port Administration shall have the right to attend, without right of vote, the meetings of the Council of Government and to speak on all matters affecting the responsibilities of their offices.

France

Article 17. Executive authority shall be exercised by a Council of Government.

The members of the Council of Government, whose number shall correspond to that of the principal administrative departments subject to executive supervision, shall be elected by the Assembly under a system of proportional representation, in principle, for a term of one year. They may be re-appointed.

Members of the Council can only be removed from office by the Assembly, prior to the expiry of their year of office, by a two-thirds majority vote. They shall be required to stand for re-election whenever there is a change of legislature.

The Governor shall preside over meetings of the Council of Government; the Deputy Governor shall be ex officio a member of the Council.

A member of the Council of Government may be designated from among the members elected by the assembly to represent the Council in its relations with the Assembly.

U.S.S.R. and Yugoslavia

Executive authority shall be vested in the Council of Government of the Free Territory.

The Council of Government shall be constituted by the Popular Assembly and be responsible to the latter for its actions.

Article 16. Administrative Officials To Hold Offices Under Authority of Governor

U.S. and U.K.

All administrative officials in the Free Territory shall hold their offices under the authority of the Governor. The Governor may, under appropriate safeguards of investigation and hearing, suspend or remove any administrative official any of whose acts contravenes, in the opinion of the Governor, the responsibilities of the Governor to the Security Council.

The French, U.S.S.R. and Yugoslav Delegations considered the inclusion of this Article is unnecessary.

Article 17. Exercise of Judicial Authority

Agreed

The judicial authority in the Free Territory shall be exercised by tribunals established pursuant to the Constitution and laws of the Free Territory.

Article 18. Guarantee of Freedom and Independence of Judiciary

Agreed

The Constitution of the Free Territory shall guarantee the complete freedom and independence of the judiciary and shall provide for appellate jurisdiction.

Article 19. Appointment of Judiciary

U.S., France and U.K.

The Governor shall appoint, with the advice of the Council of Government, the members of the judiciary and, subject to such safegards of investigation and hearing as may be established by the Constitution of the Free Territory, shall have the right to suspend or remove any member of the judiciary on account of any action or conduct incompatible with the responsibilities of such member’s office. The Assembly by a two-thirds majority may request the Governor to investigate any charge brought against a member of the judiciary which, if proved, would warrant his suspension or removal.

Article 20. Responsibility of Governor to Security Council

U.S. and U.K.

The Governor shall be responsible to the Security Council for ensuring the observance of this Statute and the maintenance of public order within the Free Territory. The Governor shall present to the Security Council annual reports concerning the operation of the Statute and the performance of his duties.

France

Article 14. Apart from the governmental or administrative attributions assigned to him by the Statute, the Governor shall be the custodian for the observance of the Statute.

He shall receive instructions only from the Security Council to which he shall submit annual reports on the discharge of his duties, the application of the Statute, and the general situation in the Free Territory.

Article 18 (part). The Governor is the representative of the Security Council, and the supervision of the Free Territory by the said Council shall be exercised, in the first instance, by the Governor.

In this capacity:⁴

. . . . . . .

(b) He shall be responsible for the maintenance of order and internal security. For this purpose, he shall recruit police, gendarmerie and coastguard forces. The Security Council shall be consulted with regard to the armament of these forces.

(c) He shall be responsible for ensuring that the provisions of the Statute are duly observed and applied.

U.S.S.R. and Yugoslavia

The Governor shall submit to the Security Council annual reports on the execution of the present Statute and the discharge of his duties.

Article 21. Exercise of Reserve Powers by Governor

U.S. and U.K.

In order that he may carry out his responsibilities to the Security Council under the present Statute, the Governor shall possess the power to proclaim a state of siege. He shall also possess and exercise reserve powers for the following purposes:

(a) to maintain the provisions of the present Statute including protection of the basic human rights of the inhabitants of the Free Territory, and

(b) to assure the integrity and independence and the public order and security of the Free Territory.

France

Article 18 (part). The Governor is the representative of the Security Council, and the supervision of the Free Territory by the said Council shall be exercised, in the first instance, by the Governor.

In this capacity:⁴

. . . . . . .

(b) He shall be responsible for the maintenance of order and internal security. For this purpose, he shall recruit police, gendarmerie and coastguard forces. The Security Council shall be consulted with regard to the armament of these forces.

(c) He shall be responsible for ensuring that the provisions of the Statute are duly observed and applied.⁵

. . . . . . .

The Governor shall possess the power to proclaim a state of siege.

The U.S.S.R. and Yugoslav Delegations were opposed to the inclusion of this Article.

Article 22. Suspension—Legislative and Administrative Measures

U.S. & U.K.

In the application of his reserve powers the Governor may suspend the effect of any legislative act and rescind any administrative measure which, in his opinion, conflicts with his responsibilities to the Security Council and may, if he deems it necessary, issue orders with the effect of law.

The U.S.S.R. and Yugoslav Delegations were opposed to the inclusion of this Article.

The French Delegation pointed out that it had proposed on the subject transitory provisions in Article 18B of its draft.

Article 23. Report to Security Council on Exercise of Reserve Powers

U.S. & U.K.

The Governor on each occasion when he exercises his reserve powers, shall immediately report his action to the Security Council, giving the reasons for such action. The legislative Assembly may petition the Security Council concerning any such exercise of the reserve powers of the Governor.

The U.S.S.R. and Yugoslav Delegation were opposed to the inclution of this Article.

Article 24. Maintenance of Police Force

U.S., France and U.K.

Subject to any directions issued by the Security Council, the Governor, in carrying out his responsibilities for the maintenance of public order and security within the boundaries and territorial waters of the Free Territory, shall be empowered to maintain police forces, local gendarmerie and coastguards.

The U.S.S.R. and Yugoslav Delegations were opposed to the inclusion of this Article.

Article 25. Exercise of the Power of Pardon and Reprieve

U.S. & U.K.

The power of pardon and reprieve shall vest in and be exercised by the Governor.

The French, U.S.S.R. and Yugoslav Delegations were opposed to the inclusion of this Article.

Article 26. Conduct of Foreign Relations

U.S., France & U.K.

The Governor shall be responsible for conducting the foreign relations of the Free Territory [with the advice of the Council of Government].^*** It shall be the responsibility of the Governor to ensure the protection abroad of the interests of the citizens of the Free Territory.

U.S.S.R. and Yugoslavia

Questions affecting the international relations of the Free Territory, the protection in foreign countries of the interests of the citizens of the Free Territory and conclusion of international treaties on political, economic, cultural, social or health questions shall fall within the province of the Popular Assembly.,^†††

Article 27. Conduct of Foreign Relations (Continued)

U.S. & U.K.

In carrying out his responsibilities under the preceding Article the Governor shall be empowered:

(a) to conclude agreements with States for the purposes of furthering the economic and other interests of the Free Territory and to enter into or accede to multilateral international agreements;

(b) to consult all specialized agencies of the United Nations and other international organizations and to accept membership in such organizations; and

(c) to accept consular representatives of foreign Governments.

France

Article 5. The Free Territory shall admit the consular representatives of other States. It may maintain consular representatives in foreign cities or ports in which the interests of nationals of the Free Territory require protection.

Article 6. The Free Territory may accede to international conventions or become a member of international organizations provided the aim of such conventions or organizations is to settle economic, cultural, social or health questions.

U.S.S.R.

Article 13. The Free Territory shall accept consular representatives of other States who receive an exequatur from the Council of Government of the Free Territory.

The Free Territory may maintain consuls in foreign towns or ports where the interests of citizens of the Free Territory require to be protected.

Yugoslavia

Article 23. (part)

The Council of Government of the Free City of Trieste shall receive consuls and grant them an exequatur for the exercise of consular functions in the territory of the Free City.

Article 28. Flag and Coat-of-Arms

Agreed.

The Free Territory of Trieste shall have its own flag and coat-of-arms. The flag shall be the traditional flag of the City, and the arms shall be its historic coat of arms.

Article 29. Monetary System

U.S., France, U.S.S.R. & U.K.

The Free Territory shall have its own monetary system.

The Yugoslav Delegation accepted this text with the following addition:

A common monetary system shall be established between the Free City and the People’s Federative Republic of Yugoslavia.

Article 30. Free Port

U.S. & U.K.

(a) A Free Port shall be established in the Free Territory and shall be administered on the basis of the provisions of the international instrument regulating the Free Port of Trieste. The Government of the Free Territory shall enact all necessary legislation and take all necessary steps to give effect to the provisions of such instrument.

(b) The Governor shall appoint a representative of the Free Territory to the International Commission for the Free Port.

France

Article 8. The Free Territory shall constitute a free zone. No dues shall be levied on the import or export of goods other than those commensurate with services rendered, and such dues shall be identical for all categories of merchandise, irrespective of origin of destination.

The foregoing provision shall not prevent the levying, should occasion arise, of fiscal or consumption taxes on goods intended for the Free Territory itself.

U.S.S.R.

Article 29. In the Free Territory a Free Port in the City of Trieste shall be established and shall be administered on the basis of a special Provision.

The Government of the Free Territory shall enact any necessary laws and take any necessary steps for the execution of the rules of this provision subject to the approval by the Security Council.

Yugoslavia

Article 32. The Port of Trieste, together with its installations and warehouses, shall be divided as follows:

(a) An International Free Port, administered by an International Administration in conformity with a special Statute, which shall be open equally to all vessels and all goods, without distinction of nationality;

(b) The Yugoslav Free Zone, subject to the jurisdiction of the Federative People’s Republic of Yugoslavia;

(c) The part of the Port under the jurisdiction of the Free City of Trieste.

Article 33. All goods despatched in transit through the Free Port of Trieste shall be entitled to free passage, and shall be exempt from customs formalities in the territory of the Yugoslav-Triestine Customs Union. Customs formalities for purposes of supervision shall be limited to indispensable measures for the protection of public order, the security of persons, and the protection of property and health.

Furthermore, no customs duties shall be levied on imported goods, if these are packed, refined or manufactured within the limits of the international Free Zone for subsequent re-export. The Yugoslav-Triestine Customs Union shall not levy any contributions, except fees for the supervision and manipulation of goods imported into the territory of the Free State of Trieste from abroad, if such goods are manufactured or processed there and subsequently re-exported. These goods are submitted to the customs control and to the deposit of a caution, which is given back if within a prescribed time they are re-exported.

Article 31. Registration of Vessels

U.S., France & U.K.

(a) The Free Territory is entitled to open registers for the registration of ships and vessels owned by the Government of the Free Territory or by persons or organizations domiciled within the Free Territory.

(b) The Free Territory shall open special maritime registers for Czechoslovak, Austrian, Swiss or Hungarian ships and vessels upon request of any one of these Governments. Vessels entered in these registers shall fly the flags of their respective countries.

The U.S.S.R. and Yugoslav Delegations considered the inclusion of this Article was unnecessary.

Article 31A. Administration of Railways of the Free Territory

U.S.S.R.

Article 25. The Railways of the Free Territory shall be under the joint administration of the Free Territory and of Yugoslavia.

Yugoslavia

Article 26. The Free City of Trieste and the Federative People’s Republic of Yugoslavia shall constitute a Railway Union. The Yugoslav State Railways shall be responsible for the administration and operation of the railway lines situated in the territory of the Free City of Trieste. All technical posts in the railway administration in the territory of the Free City of Trieste shall be filled by Triestine citizens. The Free City of Trieste shall receive a share of the net revenue of the Yugoslav State Railways, proportionate to the aggregate goods and passenger traffic, and to the mileage. The Free City of Trieste shall not be required to contribute to any possible deficit in the working of the Yugoslav State Railways.

The U.S., French and U.K. Delegations were opposed to the inclusion of this Article.

Article 31B. Customs Union Between the Free Territory and Yugoslavia

U.S.S.R.

Article 26. An agreement for a customs union shall be concluded between the Free Territory and Yugoslavia to be valid for a period of five years, with the right of prolongation by their mutual agreement.

Yugoslavia

Article 25. The Free City of Trieste and the Federative People’s Republic of Yugoslavia shall constitute a Customs Union. The Free City of Trieste shall receive a share of the customs revenue of the Union, proportionate to its trade with foreign countries, other than the Federative People’s Republic of Yugoslavia. The Federative People’s Republic of Yugoslavia shall be responsible for the customs administration of the Union, even within the territory of the Free City of Trieste.

The U.S., French and U.K. Delegations were opposed to the inclusion of this Article.

Article 31C. Reciprocal Rights of Settlement and Employment Between Yugoslavia and the Free Territory

U.S.S.R. and Yugoslavia

Citizens of the Free Territory shall have the right of free settlement and employment on the territory of Yugoslavia and Yugoslav nationals shall have identical rights in the Free Territory.

The U.S., French and U.K. Delegations were opposed to the inclusion of this Article.

Article 31D. Water and Electric Power

U.S.S.R.

Article 28. The supply of water and electric power, local transport and other similar public services shall fall within the exclusive province of the Government of the Free Territory.

The use of the sources of water supply and electric power, situated on the territory of Yugoslavia, shall be regulated under bilateral agreements concluded between Yugoslavia and the Free Territory.

Yugoslavia

Article 29. Services for the distribution of water and electricity, local transport services, and other public services of a similar character, which were hitherto common to the territory which, under the Treaty of Peace with Italy, becomes part of the Federative People’s Republic of Yugoslavia and of the Free City of Trieste, shall continue to be operated under existing conditions for a period of 10 years from the coming into force of the present Statute.

The future working of these services shall be determined by a special agreement, to be concluded between the Government of the Federative People’s Republic of Yugoslavia and the Council of Government of the Free City of Trieste, before the expiration of this period.

The U.S., French and U.K. Delegations were opposed to the inclusion of this Article on the ground that the matter should be covered by Annex 9 of the Treaty.

Article 31F. Postal, Telegraph and Telephone Union

Yugoslavia

Article 27. The Free City of Trieste and the Federative People’s Republic of Yugoslavia shall constitute a Postal, Telegraphic and Telephonic Union. The Union shall be administered by the Federative People’s Republic of Yugoslavia. All the technical posts in the Postal, Telegraphic and Telephonic Union shall be filled by Triestine citizens. The Free City of Trieste shall receive a share of the net revenue of the Postal, Telephonic and Telegraphic Union, proportionate to the total receipts. The Free City of Trieste shall not be required to contribute to any possible deficit of the Postal Union.

The U.S., French, U.K. Delegations were opposed to the inclusion of this Article.

The U.S.S.R. Delegation considered the inclusion of this Article as unnecessary.

Article 31G. Labour Legislation

Yugoslavia

Article 35. The Free City of Trieste shall immediately introduce and apply within its territory labour legislation guaranteeing at least similar advantages and benefits to those guaranteed by international labour legislation.

If legislation of this kind is not promulgated in the territory of the Free City of Trieste within a period of two years from the coming into force of the present Statute, all the collective agreements whose application is supervised by the International Labour Office shall be applied directly.

The U.S., French, U.K. and U.S.S.R. Delegations considered the inclusion of this Article was unnecessary.

Article 31H. Special Agreements on Yugoslav–Triestine Services

Yugoslavia

Article 28. The Free City of Trieste shall be entitled, by special agreement, to empower the Yugoslav Government to exercise certain functions within its territory for the purpose of administering the Triestine and Yugoslav services as a common service. Such agreements shall become valid after they have received the assent of the High Commissioner.

The U.S.S.R., U.S., French and U.K. Delegations considered the inclusion of this Article as unnecessary.

Article 31I. Frontier Traffic

Yugoslavia

Article 31. Measures shall be taken to regulate special frontier traffic, both in goods and passengers, between the Free City of Trieste and the Federative People’s Republic of Yugoslavia, both as regards persons of these two nationalities and goods of Triestine or Yugoslav origin or manufacture.

The U.S., French, U.K. Delegations were opposed to the inclusion of this Article.

The U.S.S.R. Delegation considered the inclusion of this Article as unnecessary.

Article 32. Local Government

The Constitution of the Free Territory shall provide for the establishment [on the basis of proportional representation]^‡‡‡ of organs of local Government on democratic principles, including universal, equal, direct and secret suffrage.

Article 33. Citizenship

U.S. & U.K.

1. Any Italian citizen, who was domiciled on June 10, 1940 in the area comprised within the Free Territory or who is a child born after June 10, 1940 to any such person, shall become an original citizen of the Free Territory, with full civil and political rights, upon the termination of one year after the coming into force of this treaty, unless such person shall within such year opt, either himself or through his parents, to retain his Italian citizenship or to acquire Yugoslav citizenship under paragraph 2 of the present Article.

2. Any Italian citizen who is eligible to become an original citizen of the Free Territory may, in lieu of opting to retain his Italian citizenship, opt, either himself or through his parents, to acquire Yugoslav citizenship provided the acquisition of that citizenship by such person shall be acceptable to the Yugoslav Government.

3. Any person over 18 years of age or, if married, of any age, eligible to become an original citizen of the Free Territory under paragraph 1 of this Article may become an original citizen of the Free Territory, without awaiting termination of the one-year period referred to in that paragraph, by filing a declaration of his intent to become such citizen.

4. Persons who become citizens of the Free Territory under this Article shall thereupon cease to have Italian citizenship.

5. The options referred to in paragraphs 1 and 2 of this Article may be exercised by any person eligible to exercise such option who is over 18 years of age or is married. An option on the part of the husband shall not constitute an option on the part of the wife. An option on the part of the father, or if the father is not alive, on the part of the mother, shall however automatically include all unmarried children under the age of 18 years.

6. A person who has exercised an option to retain his Italian citizenship or to acquire Yugoslav citizenship may be required by the Free Territory to move to the state whose citizenship he possesses or acquires, or to such other state as may be willing to accept him.

7. The conditions governing the acquisition of citizenship of the Free Territory by birth, marriage or naturalization, shall be prescribed in the Constitution.

U.S.S.R. & Yugoslavia

Article 17. Italian citizens who have been permanently resident within the boundaries of the Free Territory before June 10, 1940 and are still resident in such territory on the date of entry into force of the Peace Treaty with Italy, shall lose their Italian citizenship and become citizens of the Free Territory as from the date of entry into force of the Peace Treaty.

All the inhabitants of the Free Territory of Trieste who are not Italian citizens, but who fulfil the other conditions, shall become citizens of the Free Territory if they desire it and if they make a declaration thereto within a period of one year.

The provisions of the present Article shall not apply to active supporters of the Fascist regime in Italy, active members of the Fascist party, war criminals, persons who served in the Italian police, and Government officials who arrived from Italy after 1922.

Article 18. The various persons referred to in the first part of Article 17 who are over 18 years of age (and married persons below this age) shall have the right to opt for the Italian citizenship, which they formerly possessed, within a period of one year from the entry into force of the Peace Treaty. Any person so opting shall retain this former citizenship and shall not be deemed to have acquired the citizenship of the Free Territory.

Article 19. Option by the husband shall not constitute option on the part of the wife. Option by a father, or if the father is deceased, by a mother, shall automatically include all unmarried children under the age of 18 years.

Article 20. The Free Territory may require any persons who have exercised the right of option to move to the State for whose citizenship they have opted within a year from the date when the option was exercised.

Article 21. Former Austro-Hungarian nationals who were resident within the Free Territory before its occupation by the Italian armed forces in 1918, and who thereafter left that Territory, as also the children of such persons, shall be deemed to be nationals of the Free Territory on their making such declaration. Declarations to this effect may be made within three years from the entry into force of the Peace Treaty.

France

The French Delegation made a general reservation under which the texts on citizenship to be inserted in the Statute should be in conformity with the texts on citizenship of the Peace Treaty with Italy.

The French Delegation declared it was ready, subject to this reservation, to accept the U.S.S.R. Articles with the following amendments:

Article 17. “Permanently resident” should be replaced by “domiciled”.

“and are still resident in such territory on the date of entry into force of the Peace Treaty with Italy” should be omitted.

Before the words “shall lose their Italian …”, insert “as well as their children born after June 10, 1940”.

Omit sub-paragraph 2 of Article 17.

Sub-paragraph 3 of Article 17 should be replaced by an Article containing the provisions of the Peace Treaty with Italy on war criminals.

Articles 18, 19, & 20. Adopted without change.

Article 21. Omitted.

Article 34. Language

The official languages of the Free Territory shall be Italian, Slovene and Croatian.^§§§

Article 35. Interpretation of the Statute

France, U.S. & U.K.

Any dispute relating to the interpretation of the Statute shall be referred in the first instance by any of the parties involved to the Security Council. The decisions of the Council on these matters shall be binding on the Free Territory.

If the Security Council shall not have been able within three months of the matter being referred to it to find a solution of the dispute, or if this solution is not accepted by any party to the dispute, other than the Free Territory, the dispute shall be submitted to the International Court of Justice.

The U.S.S.R. and Yugoslav Delegations considered the inclusion of this Article was unnecessary, since the usual procedure of settling disputes between sovereign states should be used in this case.

Article 36. Petitions by Assembly to Security Council

U.S., France & U.K.

The Assembly may petition the Security Council if the Assembly considers that the action of the Governor is not in accordance with the present Statute, and in this event the Security Council may give directions relating to the matter, which shall immediately be put into effect.

The U.S.S.R. and Yugoslav Delegations considered the inclusion of this Article as unnecessary, since the Assembly may apply to the Security Council even in the absence of any special provisions.

Article 37. Amendment of Statute

This Statute shall constitute the permanent Statute of the Free Territory, subject to any amendment which may hereafter be made by the Security Council. Petitions for the amendment of the Statute may be presented to the Security Council of the United Nations by the Assembly upon a vote taken by a two-thirds majority.

U.S.S.R. and Yugoslav proposed addition:

… of all its members.

Article 38. Coming Into Force of Statute

Agreed.

The present Statute shall come into force on a date which shall be determined by the Security Council of the United Nations.

Article 38A. Liquidation of Italian Sovereignty

Yugoslavia

Article 38. The liquidation of Italian sovereignty in Trieste, and the rights and duties of the Free City of Trieste as successor of the Italian State, are determined by the Treaty of Peace with Italy (Article 16) and in Annexes II, III, IIIa and XI of the said Treaty, whose provisions shall be considered as equally binding on the Free City of Trieste.

The U.S., French, U.K. and U.S.S.R. Delegations considered the inclusion of this Article as unnecessary.

3. The degree mark indicates sub-paragraph.
4. The Yugoslav Delegation made a general reservation report to the final name to be given to the territory of Trieste. [Footnote in the source text.]

5. The Yugoslav and U.S.S.R. Delegations proposed the following addition to this sentence:

   … freedom of postal, telegraphic and telephonic communication; inviolability of domicile; the right of public instruction in Slovene, Italian and Croat languages. No restriction can be made on the grounds of the use of, or the lack of knowledge of one of the official languages, or of any differences existing between them. [Footnote in the source text.]

6. The French Delegation did not accept the words between brackets. [Footnote in the source text.]
7. The Yugoslav Delegation reserved its position in regard to the words between brackets. [Footnote in the source text.]
8. The United Kingdom Delegation has reserved its views on the words between brackets. [Footnote in the source text.]
9. The U.S.S.R. and Yugoslav Delegations made a general reservation in regard to the final name to be given to the Council of Government. [Footnote in the source text.]
10. U.S., French and U.K. proposal. [Footnote in the source text.]
11. U.S. and U.K. proposal. [Footnote in the source text.]
12. French, U.S.S.R. and Yugoslav proposal. [Footnote in the source text.]
13. U.S., French and U.K. proposal. [Footnote in the source text.]
14. The U.S.S.R. and Yugoslav Delegations considered that this sentence was unnecessary. [Footnote in the source text.]
4. The following omission indicated in the source text.
4. The following omission indicated in the source text.
5. The following omission indicated in the source text.

6. The French Delegation was willing to substitute for the words between brackets the following words:

   … in consultation with the President of the Assembly.

   [Footnote in the source text.]

7. The Yugoslav Delegation accepted the text of the U.S.S.R. Delegation with the addition of paragraphs 1 and 2 of Article 23 of the Yugoslav draft which reads as follows: The Federative People’s Republic of Yugoslavia undertakes to represent the Free City of Trieste and its citizens in its relations with foreign countries. Methods of representation shall be determined by special agreement between the Federative People’s Republic of Yugoslavia and the Free City of Trieste.

   Any agreements which the Federative People’s Republic of Yugoslavia may conclude on behalf of the Free City of Trieste shall come into force when they have been ratified by the National Assembly of the Free City of Trieste.

   [Footnote in the source text.]

8. The United Kingdom Delegation has reserved its views on the words between brackets. [Footnote in the source text.]
9. The French Delegation reserved its position as to the Croatian language being admitted as the third official language. [Footnote in the source text.]