Foreign Relations of the United States: Diplomatic Papers, The Conference of Berlin (The Potsdam Conference), 1945, Volume I

740.00119 E. W./7–1545: Telegram

No. 472
The Ambassador in Italy (Kirk) to the Acting Secretary of State

secret

Rome, July 15, 1945—5 p.m.

1983. With reference to Dept’s circular information telegram of July 3, 10 a.m.¹ regarding immediate revision of Italian armistice terms, I submit herewith suggestion for possible use in a draft agreement of a modus vivendi or interim arrangement [to be] signed by SACMed² to replace the instrument of surrender.

(Begin Summary of Draft Agreement)

section i. abrogation of prior agreements

1. Armistice of Sept 3³ and instrument of surrender of Sept 29, 1943⁴ and all terms relating to restoration of Italian territory effective Feb 11, 1944 and subsequently shall, from date of execution of this agreement, be abrogated. Following provisions shall govern relations of contracting parties.

section ii. allied aid to Italy

1. Allied Commission is hereby dissolved with exception of land, navy and air forces subcommissions, which will be attached to Allied Military HQs. A special section composed of representatives of British, Soviet and US Govts will be established at AFHQ to direct foregoing subcommissions or a military mission under AFHQ with same composition may be established for that purpose.

2. In order to facilitate the normal development of Italian economic life there shall be established a Tripartite Economic Advisory Council, the members of which will represent the US, UK and Italian Govts. It will function as described in my 1403, May 24, 6 p.m.⁵

3. HQs for Allied Military Govt will be at Allied Military HQs.

4. Italian prisoners of war under the jurisdiction of the UK and US will be liberated from that status or repatriated with the greatest possible urgency that present transportation facilities permit.

section iii. italian aid to the allies

1. Italian Govt and people will abstain from all acts detrimental to interests of United Nations and will carry out promptly all orders given by them.

2. Italian Army, Navy and Air Force and equipment will be subject to SACMed as though under his command. He shall direct the size and character of Italian military establishment.

3. For a period not yet determined, Allied force requirements in Italy shall be accorded SACMed by Italian Govt in perpetuation of rights and powers formerly his by conquest or agreement as follows: (a) Such areas, facilities, utilities and installations as SACMed may require will be made available to Allied forces; (b) right to maintain and quarter troops in Italy; (c) right to declare any area a military zone; (d) right to convene Allied military tribunals to try and punish persons violating Allied military orders or performing hostile acts against Allied forces; (e) right to hold or require Italian Govt to hold civilian internees, POWs and displaced persons; (f) Italian courts may not try members of Allied forces or officials of United Nations, civilian or military; (g) members of Allied forces or officials of the United Nations may not be taxed without consent of AAC [ SAC ?]; (h) complete freedom of movement for Allied forces and officials of United Nations in Italy.

4. All information concerning military installations and technical information of value to the United Nations in connection with military operations in Italy and elsewhere shall be made available to SAC by Italian Govt.

5. Mutual cooperation between Italian Govt and United Nations for repatriation or movement of displaced and stateless persons.

6. Cooperation in apprehension and trial of war criminals.

7. SAC or other appropriate Allied authority shall control for operational purposes, in general interest of the United Nations, Italian merchant vessels.

8. Italian Govt will establish and maintain an effective foreign exchange control agency for the purpose of implementing the economic warfare objectives of United Nations Govts and to assure the most effective use of Italy’s foreign exchange resources.

The Italian Govt will adopt measures in support of economic warfare objectives of the United Nations to be worked out in consultation with the appropriate United Nations diplomatic missions in Rome.

9. The Italian Govt will be issuing authority for AM lire or such other lire currency as may be used by the Allied forces in Italy in such quantities as are required.

10. The Italian Govt will request the Tripartite Economic Advisory Council for guidance before entering into any agreement or settlement involving the use of Italian external assets for the purpose of paying claims arising prior to Sept 8, 1943.

11. Obligation to pay for supplies imported into Italy by Allied forces is recognized by Italian Govt as well as all services, installations, et cetera, furnished by Allied forces for benefit of Italy.

section iv. political status of Italy

1. All territory restored to its jurisdiction will be administered by Italian Govt free of control by Allied forces, except in case of military necessity or when assistance or advice may be requested by Italian Govt of Tripartite Economic Advisory Council (see Section II, paragraph 2 above).

2. Italian diplomatic relations with other states will be solely within competence of Govt of Italy.

3. Italian Govt will continue to carry out without control by Allied forces program of defascistization. Italian Govt may request assistance or advice of Tripartite Economic Advisory Council.

4. Italian Govt communications and Italian communications within Italy will not be subject to Allied control or censorship.

5. Allied pledge to Italian people that they may determine their form of Govt is recognized by Italian Govt as likewise binding upon it. In order to ensure the fullest possible expression of the Italian people on this important question, Italian Govt undertakes to submit it to the Italian people in the form of a plebiscite or a national referendum, notwithstanding previous Italian legislation to the contrary.

section v. limitations of this agreement

1. The rights of Allied forces to continue to occupy Italian territory governed by AMG and to continue to use and possess property and facilities now under requisition remain entirely unprejudiced by this agreement.

2. No disposition or predetermination of any disputed Italian territory is contemplated by this agreement, all such questions being relegated to ultimate agreement between Italian Govt and United Nations.

3. Full rights of the Allied forces and of the United Nations to reparations for war damage suffered by them at the hands of the Italian people or Govt or for cost of Allied occupation of Italy will not be impaired by this agreement, which in no sense constitutes a final settlement. (End of Draft Agreement.)

It is further suggested that decision be taken by interested powers to permit Italy to adhere to United Nations Declaration.⁶ Italian Govt could then be informed at time of signing of new agreement that Italy would be admitted to ranks of United Nations upon application.

Kirk

1. Not printed.
2. Field Marshal Sir Harold Alexander.
3. Treaties and Other International Acts Series No. 1604; 61 Stat. (3) 2740.
4. Treaties and Other International Acts Series No. 1604; 61 Stat. (3) 2742.
5. Not printed.
6. Of January 1, 1942. Executive Agreement Series No. 236; 55 Stat. (2) 1600.