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

C.P.(Gen)Doc.1.U.24.

Annex 3

undated

1. Line 1 of paragraph 1 should be reworded as follows:

The Successor State shall receive free of payment, Italian State or para-statal property situated on Territory ceded under the terms of the present Treaty and which belonged, as on September 1943 or later, to the Italian State or to Italian para-statal institutions.

The Italian Government, within three months of the date of entry into force of the present Treaty, shall hand over to the Successor State all archives, documents, general and detailed plans concerning all branches of administration, public services, transport, electricity supply, land improvements, water supply, public works as well as plans and documents concerning undertakings on ceded territory; within the same time limit the Government of the Free City of Trieste shall hand over to the Federative People’s Republic of Yugoslavia or to Italy the documentation mentioned above which is to be found on its Territory and which concerns Territories belonging to the Federative People’s Republic of Yugoslavia or to Italy under the terms of the present Treaty.

2. In line 2 of paragraph 1, the words “State property” should be replaced by “State property and State interests in private undertakings of the State”.

3. After paragraph 1, a new paragraph 1a should be inserted, reading as follows:

“Except insofar as otherwise specifically provided for in the present Treaty, property belonging to Italian public associations in the Territory to be divided between the successor State and Italy on a basis of the proportions of the population. Property exclusively serving the purely local needs of certain parts of the Territory, which belonged to any one of these countries shall not be divided but used, free of charge, for the needs of the population of the region in question.

“Institutions belonging to public associations situated solely on the territory of one of these States, shall not be divided, but shall become the property of the State to whom the territory is ceded.

“Centralized funds, establishments, centralized institutions shall withdraw from their funds which have remained in Italy and shall pay over a quota proportional to the interests in the ceded territories.”

4. Paragraph 3 should be worded as follows:

“The State to whom the territory is ceded shall not be required to make any contribution of any kind towards the service of the Italian public debt.”

5. Paragraph 4 should be replaced by the following:

“Within a period of one year from the entry in force of the present Treaty, Italy shall transfer to the successor State, calculated at their 1938 value, together with instruments and documents referring to them, reserve capitals and all actuarial reserves and capitalisation premiums corresponding to the liabilities assumed by the successor State towards beneficiaries of social insurance in the ceded territory in accordance with the nature of the insurance, whether disablement, old age, accident or death.

“Within a year of the entry into force of the present Treaty, Italy will hand over to the Free City of Trieste the proportion of the assets of Italian sick insurance funds due to the successor State on the basis of the ratio between the number of insured persons in its Territory and the total number of insured persons in Italy in 1938.

“Within one year Italy will hand over to the successor State together with the revalued deeds and documents, at their 1938 value, the reserve funds intended for paying the retirement pensions of civil servants and their families living in ceded Territory who become Trieste nationals of the successor State and who have acquired the right to a personal or family pension, whether this pension has or has not already been awarded. At the same time the Italian Government will transfer the sums paid as pension on the basis of their 1938 valuation.

“Within a period of one year from the entry into force of the present Treaty, Italian insurance companies shall transfer to the Successor State all contracts of insurance applying to physical or juridical persons living in ceded territory, who are to become nationals of the successor States, as also contract of insurance applying to Articles or undertakings situated in ceded territory. At the same time the Italian Government shall transfer to the successor States, at their 1938 valuation, all assets representing general or special funds (premiums or others) intended to cover past or future losses or other liabilities of the insurer, as well as the actuarial reserves and the reinsurance funds insofar as such funds relate to the aforesaid contracts. The details of the methods of transfer shall be determined by special agreements to be concluded between the successor States and the Government of Italy within a period of 9 months from the entry into force of the present Treaty.”

6. Line 2 of paragraph 5 should be replaced by the following:

“The successor States will take over, free of charge, the property, rights and interests of all Italian concessionary or public utility undertakings, such as water, gas and electricity supply, or transport undertakings, and in such cases the Italian Government shall undertake to pay equitable compensation to the interested parties.”

7. Paragraph 11 should be omitted (see our paragraph 15 below).

8. At the end five new paragraphs should be added, worded as follows:

“11. Italy will cede to the successor States all railways running through ceded territory and will transfer such quantity of the total Italian rolling stock as is proportional to the length of the railways handed over, the nature and importance of the traffic, and to the method of utilisation (steam or electric traction). In the same manner Italy will hand over a corresponding quantity of railway workshops, of material necessary for the upkeep of rolling stock, the corresponding number of spare parts of mobile workshops, and of tools and equipment. Italy will hand over these goods to the successor State within a period of 6 months from the entry into force of the present Treaty, in accordance with agreements to be concluded between the successor States and the Italian Government.

“12. Within a period of 3 months from the date of entry into force of the present Treaty, Italy will transfer to the successor States all merchant ships registered in the ports situated in ceded territory. Italy will transfer these ships free of all charges which they may have incurred in the course of the war, and in good condition.

“13. The successor States will have the right to recover as reparation all property illegally removed from the ceded territories including property removed from these territories by means of requisition or by the orders of the military organisations of the Axis.

“14. Within a period of 3 months from the entry into force of the present Treaty, Italy will hand over to the successor States the proportion of the assets, gold reserves and stocks of currency, corresponding to the number of the population in the ceded territory and held by the Bank of Italy on the date of the entry into force of the present Treaty.

“15. The provisions of this Annex shall apply equally to the Free City of Trieste, but not to the territory of the former Italian Colonies.”