740.00119 Council/7–2646: Telegram

The Assistant Secretary of State (Dunn) to the Secretary of State

secret
urgent

3653. Delsec 740 from Dunn. Commission on Statute for Trieste-Free Territory met twice each day July 20, 22, 23 and 24. On July 20, Commission agreed to give Yugoslav delegation copy of Italian remarks of July 18 and to give Italian delegation copy of Bebler’s statement of same date.23 July 24 Italian delegation circulated proposals concerning (1) statute of free territory, (2) economic proposals relating to free territory, and (3) problem of electrical supply in connection with new Yugoslav-Italian frontier. Italian proposals summarized in separate telegram.24

Commission has before it Soviet, UK and US draft statutes for free territory. Soviet draft (CFM(46)233, July 18) summarized in Delsec 730, No. 3574 from Paris, July 19.25 UK draft (CFM(46)235, July 19)26 concentrates very wide powers in hands of Governor, giving him veto over all legislation and power to appoint one-half of Council of Government, also wide initiative with respect to legislation, particularly concerning citizenship and legal system.

US draft (CFM(46)240, July 23) incorporates very helpful comments transmitted in Department’s 3528, July 19.27 It omits provisions [Page 20] relating to transitional or preparatory period for reasons given below. Sub-commission on Port Regime has been working separately, studying Soviet draft proposals (CFM(46)234, July 18); French draft (CFM(46)238, July 20); revised US draft, and UK draft.28 Separate telegram follows concerning free port discussions.29

During discussions July 20–24, Commission has reviewed in detail Soviet and UK draft statutes, and begins discussion US draft July 25. Discussion shows Soviet delegation wishes to keep powers of Governor to a minimum and to place maximum power in local assembly. However Soviet delegate has referred to need of revising his draft and now admits need for wider powers for governor in order to enable him to meet his responsibilities to Security Council.

After reviewing US draft today, Commission will discuss whether it should now proceed to negotiate a single agreed draft statute for submission to the Conference.30 US delegate will urge that this attempt be made, but is prepared submit a separate draft to Conference rather than sacrifice any essential element in the US draft statute. Soviet delegate shows keen interest in arrangements for transitional period which are key to stability and future character of free territory. US delegate will urge that Commission should first make every effort to work out a satisfactory permanent statute since planning for transitional period is dependent on the nature of the permanent arrangements to be set up. Soviet delegate has not set forth any concrete views regarding transitional period or means by which Security Council will give effect to its guarantee of free territory independence. In course of study of transitional arrangements, Colonel Bonesteel and Colonel Stilwell left today for visit Trieste area. Joseph M. Greene, Jr., recently PolAd Trieste, is working here on estimate of requirements for transitional or preparatory period.

[
Dunn
]
  1. Regarding the statements made to the Commission on July 18 by the Italian and Yugoslav representatives, see telegram 3554 (Delsec 727), July 19, from Paris, p. 3.
  2. The Italian proposals under reference were reported upon and summarized in telegrams 3651 (Delsec 742) and 3652 (Delsec 741), July 26, from Paris, neither printed.
  3. Neither the Soviet proposal nor the telegram under reference is printed; for text of the Soviet proposals for a draft permanent statute as subsequently included in the Report of the Commission of August 9, 1946, see vol. iv, p. 593.
  4. The British draft under reference is not printed; for the text of the British proposals as subsequently included in the Report of the Commission, see ibid., p. 599.
  5. Neither the United States draft nor the telegram under reference is printed; for text of the United States proposals as subsequently included in the Report of the Commission, see ibid., p. 608.
  6. None printed; the United States draft proposal was set forth in document C.F.M. (46) 236, July 20, 1946.

    On July 16, 1946, a special sub-commission of the Commission on the Statute of the Free Territory of Trieste began consideration of a regime for the Free Port of Trieste. On the basis of a report presented by this special sub-commission, the full Commission prepared a draft instrument for the Free Port of Trieste which was transmitted to the Peace Conference in document C.F.M. (46) 254, August 20, 1946, not printed.

  7. A subsequent telegram reporting on the free port discussions not found in Department files; presumably not sent.
  8. In the course of its later discussions, the Commission was unable to prepare a single agreed draft statute. In view of the differences that arose on a number of points, the Commission found it appropriate to submit to the Peace Conference four separate drafts of the permanent Statute of the Free Territory. For text of the Commission’s Report to the Peace Conference, C.F.M. (46) 253, August 9, 1946, circulated at the Peace Conference as C.P. (IT/P) Doc. 40, September 13, see vol. iv, p. 592.