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Treaty of Peace with Italy
[Paris, 10 February 1947]
The Union of Soviet Socialist Republics, the
United Kingdom of Great Britain and Northern Ireland, the United States of
America, China, France, Australia, Belgium, the Byelorussian Soviet Socialist
Republic, Brazil, Canada, Czechoslovakia, Ethiopia, Greece, India, the
Netherlands, New Zealand, Poland, the Ukrainian Soviet Socialist Republic, the
Union of South Africa, and the People's Federal Republic of Yugoslavia,
hereinafter referred to as "the Allied and Associated Powers", of the one part,
and Italy, of the other part:
WHEREAS Italy under the Fascist régime
became a party to the Tripartite Pact with Germany and Japan, undertook a war
of aggression and thereby provoked a state of war with all the Allied and
Associated Powers and with other United Nations, and bears her share of
responsibility for the war; and
WHEREAS in consequence of the victories
of the Allied forces, and with the assistance of the democratic elements of the
Italian people, the Fascist régime in Italy was overthrown on 25 July 1943, and
Italy, having surrendered unconditionally, signed terms of Armistice
[12]
3 and 29 September of the same year; and
WHEREAS after the said Armistice Italian
armed forces, both of the Government and of the Resistance Movement, took an
active part in the war against Germany, and Italy declared war on Germany as
from 13 October 1943 and thereby became a co-belligerent against Germany; and
WHEREAS the Allied and Associated Powers
and Italy are desirous of concluding a treaty of peace which, in conformity
with the principles of justice, will settle questions still outstanding as a
result of the events hereinbefore recited and will form the basis of friendly
relations between them, thereby enabling the Allied and Associated Powers to
support Italy's application to become a member of the United Nations and also
to adhere to any convention concluded under the auspices of the United Nations;
HAVE THEREFORE AGREED to declare the
cessation of the state of war and for this purpose to conclude the present
Treaty of Peace, and have accordingly appointed the undersigned
Plenipotentiaries who, after presentation of their full powers, found in good
and due form, have agreed on the following provisions:
PART I
TERRITORIAL CLAUSES
SECTION I: FRONTIERS
Article 1
The frontiers of Italy shall, subject to the
modifications set out in Articles 2, 3, 4, 11 and 22, be those which existed on
1 January 1938. These frontiers are traced on the maps attached to the present
Treaty (Annex I). In case of a discrepancy between the textual description of
the frontiers and the maps, the text shall be deemed to be authentic.
Article 2
The frontier between Italy and France, as it
existed on 1 January 1938, shall be modified as follows:
1. Little St. Bernard Pass
The frontier shall follow the watershed, leaving
the present frontier at a point about 2 kilometres northwest of the Hospice,
crossing the road about 1 kilometre northeast of the Hospice and rejoining the
present frontier about 2 kilometres southeast of the Hospice.
2. Mont Cenis Plateau
The frontier shall leave the present frontier about
3 kilometres northwest of the summit of Rochemelon, cross the road about 4
kilometres southeast of the Hospice and rejoin the present frontier about 4
kilometres northeast of Mont d'Ambin.
3. Mont Thabor-Chaberton
(a) In the Mont Thabor area, the frontier shall
leave the present frontier about 5 kilometres to the east of Mont Thabor and
run southeastward to rejoin the present frontier about 3 kilometres west of the
Pointe de Charra.
(b) In the Chaberton area, the frontier shall leave
the present frontier about 3 kilometres north-northwest of Chaberton, which it
skirts on the east, and shall cross the road about 1 kilometre from the present
frontier, which it rejoins about 2 kilometres southeast of the village of
Montgenevre.
4. Upper Valleys of the Tinée, Vesubie and Roya
The frontier shall leave the present frontier at
Colla Longa, shall follow along the watershed by way of Mont Clapier, Col de
Tenda, Mont Marguareis, whence it shall run southward by way of Mont
Saccarello, Mont Vacchi, Mont Pietravecchia, Mont Lega and shall reach a point
approximately 100 metres from the present frontier near Colla Pegairolle, about
5 kilometres to the northeast of Breil; it then shall run in a southwesterly
direction, and shall rejoin the existing frontier approximately 100 metres
southwest of Mont Mergo.
5. The detailed description of those sections of
the frontier to which the modifications set out in paragraphs 1, 2, 3 and 4
above apply, is contained in Annex II to the present Treaty and the maps to
which this description refers form part of Annex I.
Article 3
The frontier between Italy and Yugoslavia shall be
fixed as follows:
(i) The new frontier follows a line starting from
the junction of the frontiers of Austria, Italy and Yugoslavia as they existed
on 1 January 1938 and proceeding southward along the 1938 frontier between
Yugoslavia and Italy to the junction of that frontier with the administrative
boundary between the Italian provinces of Friuli (Udine) and Gorizia;
(ii) From this point the line coincides with the
said administrative boundary up to a point approximately 0.5 kilometre north of
the village of Mernico in the valley of the Iudrio;
(iii) Leaving the administrative boundary between
the Italian provinces of Friuli and Gorizia at this point, the line extends
eastward to a point approximately 0.5 kilometre west of the village of
Vercoglia di Cosbana and thence southward between the valleys of the Quarnizzo
and the Cosbana to a point approximately 1 kilometre southwest of the village
of Fleana, bending so as to cut the river Recca at a point approximately 1.5
kilometres east of the Iudrio and leaving on the east the road from Cosbana via
Nebola to Castel Dobra.;
(iv) The line then continues to the southeast
passing due south of the road between points 111 and 172, then south of the
road from Vipulzano to Uclanzi passing points 57 and 122, then crossing the
latter road about 100 metres east of point 122 and curving north in the
direction of a point situated 350 metres southeast of point 266;
(v) Passing about 0.5 kilometre north of the
village of San Floriano, the line extends eastward to Monte Sabotino (point
610), leaving to the north the village of Poggio San Valentino;
(vi) From Monte Sabotino the line extends
southward, crosses the Isonzo (Soca) river at the town of Salcano, which it
leaves in Yugoslavia, and runs immediately to the west of the railway line from
Canale d'Isonzo to Montespino to a point about 750 metres south of the
Gorizia-Aisovizza road;
(vii) Departing from the railway, the line then
bends southwest leaving in Yugoslavia the town of San Pietro and in Italy the
Hospice and the road bordering it and, some 700 metres from the station of
Gorizia S. Marco, crosses the railway connection between the above railway and
the Sagrado-Cormons railway, skirts the Gorizia cemetery, which is left in
Italy, passes between Highway No. 55 from Gorizia to Trieste, which highway is
left in Italy, and the crossroads at point 54, leaving in Yugoslavia the towns
of Vertoiba and Merna, and reaches a point located approximately at point 49;
(viii) Thence the line continues in a southerly
direction across the Karst plateau, approximately 1 kilometre east of Highway
No. 55, leaving on the east the village of Opacchiasella and on the west the
village of Iamiano;
(ix) From a point approximately 1 kilometre east of
Iamiano, the line follows the administrative boundary between the provinces of
Gorizia and Trieste as far as a point approximately 2 kilometres northeast of
the village of San Giovanni and approximately 0.5 kilometre northwest of point
208, forming the junction of the frontiers of Yugoslavia, Italy and the Free
Territory of Trieste.
The map to which this description refers forms part
of Annex I.
Article 4
The frontier between Italy and the Free Territory
of Trieste shall be fixed as follows:
(i) The line starts from a point on the
administrative boundary between the provinces of Gorizia and Trieste
approximately 2 kilometres northeast of the village of San Giovanni and
approximately 0.5 kilometre northwest of point 208, forming the junction of the
frontiers of Yugoslavia, Italy and the Free Territory of Trieste, and runs
southwestward to a point adjacent to Highway No. 14 and approximately 1
kilometre northwest of the junction between Highways Nos. 55 and 14,
respectively running from Gorizia and Monfalcone to Trieste;
(ii) The line then extends in a southerly direction
to a point, in the Gulf of Panzano, equidistant from Punta Sdobba at the mouth
of the Isonzo (Soca) river and Castello Vecchio at Duino, about 3.3 kilometres
south from the point where it departs from the coastline approximately 2
kilometres northwest of the town of Duino;
(iii) The line then reaches the high seas by
following a line placed equidistant from the coastlines of Italy and the Free
Territory of Trieste.
The map to which this description refers forms part
of Annex I.
Article 5
1. The exact line of the new frontiers laid down in
Articles 2, 3, 4 and 22 of the present Treaty shall be determined on the spot
by Boundary Commissions composed of the representatives of the two Governments
concerned.
2. The Commissions shall begin their work
immediately on the coming into force of the present Treaty, and shall complete
it as soon as possible and in any case within a period of six months.
3. Any questions which the Commissions are unable
to agree upon will be referred to the Ambassadors in Rome of the Soviet Union,
of the United Kingdom, of the United States of America, and of France, acting
as provided in Article 86, for final settlement by such methods as they may
determine, including, where necessary, the appointment of an impartial third
Commissioner.
4. The expenses of the Boundary Commissions will be
borne in equal parts by the two Governments concerned.
5. For the purpose of determining on the spot the
exact frontier laid down in Articles 3, 4 and 22, the Commissioners shall be
allowed to depart by 0.5 kilometre from the line laid down in the present
Treaty in order to adjust the frontier to local geographical and economic
conditions, provided that no village or town of more than 500 inhabitants, no
important railroads or highways, and no major power or water supplies are
placed under a sovereignty other than that resulting from the delimitations
laid down in the present Treaty.
SECTION II: FRANCE
(Special clauses)
Article 6
Italy hereby cedes to France in full sovereignty
the former Italian territory situated on the French side of the Franco-Italian
frontier defined in Article 2.
Article 7
The Italian Government shall hand over to the
French Government all archives, historical and administrative, prior to 1860,
which concern the territory ceded to France under the Treaty of 24 March 1860
and the Convention of 23 August 1860.
Article 8
1. The Italian Government shall cooperate with the
French Government for the possible establishment of a railway connection
between Briançon and Modane, via Bardonnèche.
2. The Italian Government shall authorize, free of
customs duty and inspection, passport and other such formalities, the passenger
and freight railway traffic travelling on the connection thus established,
through Italian territory, from one point to another in France, in both
directions; and shall take all necessary measures to ensure that the French
trains using the said connection are allowed, under the same conditions, to
pass duty free and without unjustifiable delay.
3. The necessary arrangements shall be concluded in
due course between the two Governments.
Article 9
1. Plateau of Mont Cenis
In order to secure to Italy the same facilities as
Italy enjoyed in respect of hydro-electric power and water supply from the Lake
of Mont Cenis before cession of this district to France, the latter shall give
Italy under a bilateral agreement the technical guarantees set out in Annex
III.
2. The Tenda-Briga District
In order that Italy shall not suffer any diminution
in the supplies of electric power which Italy has drawn from sources existing
in the Tenda-Briga district before its cession to France, the latter shall give
Italy under a bilateral agreement the technical guarantees set out in Annex
III.
SECTION III: AUSTRIA
(Special clauses)
Article 10
1. Italy shall enter into or confirm arrangements
with Austria to guarantee free movement of passenger and freight traffic
between the North and East Tyrol.
2. The Allied and Associated Powers have taken note
of the provisions (the text of which is contained in Annex IV) agreed upon by
the Austrian and Italian Governments on 5 September 1946.
SECTION IV: PEOPLE'S FEDERAL REPUBLIC OF YUGOSLAVIA
(Special clauses)
Article 11
1. Italy hereby cedes to Yugoslavia in full
sovereignty the territory situated between the new frontiers of Yugoslavia as
defined in Articles 3 and 22 and the Italo-Yugoslav frontier as it existed on 1
January 1938, as well as the commune of Zara and all islands and adjacent
islets lying within the following areas:
(a) The area bounded:
On the north by the parallel of 42deg.50'N;
On the south by the parallel of 42deg.42'N;
On the east by the meridian of 17deg.10'E;
On the west by the meridian of 16deg.25'E;
(b) The area bounded:
On the north by a line passing through the Porto
del Quieto, equidistant from the coastline of the Free Territory of Trieste and
Yugoslavia, and thence to the point 45deg.15'N, 13deg.24'E;
On the south by the parallel 44deg.23'N;
On the west by a line connecting the following
points:
(1) 45deg.15'N - 13deg.24'E;
(2) 44deg.51'N - 13deg.37'E;
(3) 44deg.23'N - 14deg.18'30"E.
On the east by the west coast of
Istria, the islands and the mainland of Yugoslavia.
A chart of these areas is contained in Annex I.
2. Italy hereby cedes to Yugoslavia in full
sovereignty the island of Pelagosa and the adjacent islets.
The island of Pelagosa shall remain demilitarised.
Italian fishermen shall enjoy the same rights in
Pelagosa and the surrounding waters as were there enjoyed by Yugoslav fishermen
prior to 6 April 1941.
Article 12
1. Italy shall restore to Yugoslavia all objects of
artistic, historical, scientific, educational or religious character (including
all deeds, manuscripts, documents and bibliographical material) as well as
administrative archives (files, registers, plans and documents of any kind)
which, as the result of the Italian occupation, were removed between 4 November
1918 and 2 March 1924 from the territories ceded to Yugoslavia under the
treaties signed in Rapallo on 12 November 1920 and in Rome on 27 January 1924.
Italy shall also restore all objects belonging to those territories and falling
into the above categories, removed by the Italian Armistice Mission which
operated in Vienna after the first World War.
2. Italy shall deliver to Yugoslavia all objects
having juridically the character of public property and coming within the
categories in paragraph 1 of the present Article, removed since 4 November 1918
from the territory which under the present Treaty is ceded to Yugoslavia, and
those connected with the said territory which Italy received from Austria or
Hungary under the Peace Treaties signed in St. Germain on 10 September 1919
[13]
and in the Trianon on 4 June 1920 [14] and
under the convention between Austria and Italy, signed in Vienna on 4 May 1920.
3. If, in particular cases, Italy is unable to
restore or hand over to Yugoslavia the objects coming under paragraphs 1 and 2
of this Article, Italy shall hand over to Yugoslavia objects of the same kind
as, and of approximately equivalent value to, the objects removed, in so far as
such objects are obtainable in Italy.
Article 13
The water supply for Gorizia and its vicinity shall
be regulated in accordance with the provisions of Annex V.
SECTION V: GREECE
(Special clause)
Article 14
1. Italy hereby cedes to Greece in full sovereignty
the Dodecanese Islands indicated hereafter, namely Stampalia (Astropalia),
Rhodes (Rhodos), Calki (Kharki), Scarpanto, Casos (Casso), Piscopis (Tilos),
Misiros (Nisyros), Calimnos (Kalymnos), Leros, Patmos, Lipsos (Lipso), Simi
(Symi), Cos (Kos) and Castellorizo, a well as the adjacent islets.
2. These islands shall be and shall remain
demilitarised.
3. The procedure and the technical conditions
governing the transfer of these islands to Greece will be determined by
agreement between the Governments of the United Kingdom and Greece and
arrangements shall be made for the withdrawal of foreign troops not later than
90 days from the coming into force of the present Treaty. |
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PART II
POLITICAL CLAUSES
SECTION I: GENERAL CLAUSES
Article 15
Italy shall take all measures necessary to secure
to all persons under Italian jurisdiction, without distinction as to race, sex,
language or religion, the enjoyment of human rights and of the fundamental
freedoms, including freedom of expression, of press and publication, of
religious worship, of political opinion and of public meeting.
Article 16
Italy shall not prosecute or molest Italian
nationals, including members of the armed forces, solely on the ground that
during the period from 10 June 1940 to the coming into force of the present
Treaty, they expressed sympathy with or took action in support of the cause of
the Allied and Associated Powers.
Article 17
Italy, which, in accordance with Article 30 of the
Armistice Agreement, has taken measures to dissolve the Fascist organizations
in Italy, shall not permit the resurgence on Italian territory of such
organizations, whether political, military or semi-military, whose purpose it
is to deprive the people of their democratic rights.
Article 18
Italy undertakes to recognize the full force of the
Treaties of Peace with Roumania, Bulgaria, Hungary and Finland and other
agreements or arrangements which have been or will be reached by the Allied and
Associated Powers in respect of Austria, Germany and Japan for the restoration
of peace.
SECTION II: NATIONALITY. CIVIL AND POLITICAL RIGHTS
Article 19
1. Italian citizens who were domiciled on 10 June
1940 in territory transferred by Italy to another State under the present
Treaty, and their children born after that date, shall, except as provided in
the following paragraph, become citizens with full civil and political rights
of the State to which the territory is transferred, in accordance with
legislation to that effect to be introduced by that State within three months
from the coming into force of the present Treaty. Upon becoming citizens of the
State concerned they shall lose their Italian citizenship.
2. The Government of the State to which the
territory is transferred shall, by appropriate legislation within three months
from the coming into force of the present Treaty, provide that all persons
referred to in paragraph 1 over the age of eighteen years (or married persons
whether under or over that age) whose customary language is Italian, shall be
entitled to opt for Italian citizenship within a a period of one year from the
coming into force of the present Treaty. Any person so opting shall retain
Italian citizenship and shall not be considered to have acquired the
citizenship of the State to which the territory is transferred. The option of
the husband shall not constitute an option on the part of the wife. 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 eighteen years.
3. The State to which the territory is transferred
may require those who take advantage of the option to move to Italy within a
year from the date when the option was exercised.
4. The State to which the territory is transferred
shall, in accordance with its fundamental laws, secure to all persons within
the territory, without distinction as to race, sex, language or religion, the
enjoyment of human rights and of the fundamental freedoms, including freedom of
expression, of press and publication, of religious worship, of political
opinion and of public meeting.
Article 20
1. Within a period of one year from the coming into
force of the present Treaty, Italian citizens over 18 years of age (or married
persons whether under or over that age), whose customary language is one of the
Yugoslav languages (Serb, Croat or Slovene), and who are domiciled on Italian
territory may, upon filing a request with a Yugoslav diplomatic or consular
representative in Italy, acquire Yugoslav nationality if the Yugoslav
authorities accept their request.
2. In such cases, the Yugoslav Government will
communicate to the Italian Government through the diplomatic channel lists of
the persons who have thus acquired Yugoslav nationality. The persons mentioned
in such lists will lose their Italian nationality on the date of such official
communication.
3. The Italian Government may require such persons
to transfer their residence to Yugoslavia within a period of one year from the
date of such official communication.
4. For the purposes of this Article, the rules
relating to the effect of options on wives and on children, set forth in
Article 19, paragraph 2, shall apply.
5. The provisions of Annex XIV, paragraph 10 of the
present Treaty, applying to the transfer of properties belonging to persons who
opt for Italian nationality, shall equally apply to the transfer of properties
belonging to persons who opt for Yugoslav nationality under this Article.
SECTION III: FREE TERRITORY OF TRIESTE
Article 21
1. There is hereby constituted the Free Territory
of Trieste, consisting of the area lying between the Adriatic Sea and the
boundaries defined in Articles 4 and 22 of the present Treaty. The Free
Territory of Trieste is recognized by the Allied and Associated Powers and by
Italy, which agree that its integrity and independence shall be assured by the
Security Council of the United Nations.
2. Italian sovereignty over the area constituting
the Free Territory of Trieste, as above defined, shall be terminated upon the
coming into force of the present Treaty.
3. On the termination of Italian sovereignty, the
Free Territory of Trieste shall be governed in accordance with an instrument
for a provisional régime drafted by the Council of Foreign Ministers and
approved by the Security Council. This Instrument shall remain in force until
such date as the Security Council shall fix for the coming into force of the
Permanent Statute which shall have been approved by it. The Free Territory
shall thenceforth be governed by the provisions of such Permanent Statute. The
texts of the Permanent Statute and of the Instrument for the Provisional Regime
are contained in Annexes VI and VII.
4. The Free Territory of Trieste shall not be
considered as ceded territory within the meaning of Article 19 and Annex XIV of
the present Treaty.
5. Italy and Yugoslavia undertake to give to the
Free Territory of Trieste the guarantees set out in Annex IX.
Article 22
The frontier between Yugoslavia and the Free
Territory of Trieste shall be fixed as follows:
(i) The line starts from a point on the
administrative boundary between the provinces of Gorizia and Trieste,
approximately 2 kilometres northeast of the village of San Giovanni and
approximately 0.5 kilometre northwest of point 208, forming the junction of the
frontiers of Yugoslavia, Italy and the Free Territory of Trieste, and follows
this administrative boundary as far as Monte Lanaro (point 546); thence it
extends southeastward as far as Monte Cocusso (point 672) through point 461,
Meducia (point 475), Monte dei Pini (point 476) and point 407, crossing Highway
No. 58, from Trieste to Sesana, about 3.3 kilometres to the southwest of this
town, and leaving the villages of Vogliano and Orle to the east, and at
approximately 0.4 kilometre to the west, the village of Zolla.
(ii) From Monte Cocusso, the line, continuing
southeastward leaving the village of Grozzana to the west, reaches Monte Goli
(point 621), then turning southwestward, crosses the road from Trieste to
Cosina at point 455 and the railway at point 485, passes by points 416 and 326,
leaving the villages of Beco and Castel in Yugoslav territory, crosses the road
from Ospo to Gabrovizza d'Istria about 100
metres to the southeast of Ospo; then crosses the river Risana and the road
from Villa Decani to Risano at a point about 350 metres west of the latter
village, the village of Rosario and the road from Risano to San Sergio being
left in Yugoslav territory; from this point the line proceeds as far as the
cross roads situated about 1 kilometre northeastward of point 362, passing by
points 285 and 354.
(iii) Thence, the line runs as far as a point about
0.5 kilometre east of the village of Cernova, crossing the river Dragogna about
1 kilometre north of this village, leaving the villages of Bucciai and Truscolo
to the west and the village of Tersecco to the east, it then runs southwestward
to the southeast of the road connecting the villages of Cernova and Chervoi,
leaving this road 0.8 kilometre to the east of the village of Cucciani; it then
runs in a general south-southwesterly direction, passing about 0.4 kilometre
east of Monte Braico and at about 0.4 kilometre west of the village of Sterna
Filaria, leaving the road running from this village to Piemonte to the east,
passing about 0.4 kilometre west of the town of Piemonte and about 0.5
kilometre east of the town of Castagna and reaching the river Quieto at a point
approximately 1.6 kilometre southwest of the town of Castagna.
(iv) Thence the line follows the main improved
channel of the Quieto to its mouth, passing through Porto del Quieto to the
high seas by following a line placed equidistant from the coastlines of the
Free Territory of Trieste and Yugoslavia.
The map to which this description refers forms part
of Annex I.
SECTION IV: ITALIAN COLONIES
Article 23
1. Italy renounces all right and title to the
Italian territorial possessions in Africa, ie. Libya, Eritrea and Italian
Somaliland.
2. Pending their final disposal, the said
possessions shall continue under their present administration.
3. The final disposal of these possessions shall be
determined jointly by the Governments of the Soviet Union, of the United
Kingdom, of the United States of America, and of France within one year from
the coming into force of the present Treaty, in the manner laid down in the
joint declaration of 10 February 1947 issued by the said Governments, which is
reproduced in Annex XI.
SECTION V: SPECIAL INTERESTS OF CHINA
Article 24
Italy renounces in favour of China all benefits and
privileges resulting from the provisions of the final Protocol signed at Pekin
on 7 September 1901, and all annexes, notes and documents supplementary
thereto, and agrees to the abrogation in respect of Italy of the said protocol,
annexes, notes and documents. Italy likewise renounces any claim thereunder to
an indemnity.
Article 25
Italy agrees to the cancellation of the lease from
the Chinese Government under which the Italian Concession at Tientsin was
granted, and to the transfer to the Chinese Government of any property and
archives belonging to the municipality of the said Concession.
Article 26
Italy renounces in favour of China the rights
accorded to Italy in relation to the International Settlements at Shanghai and
Amoy, and agrees to the reversion of the said Settlements to the administration
and control of the Chinese Government.
SECTION VI: ALBANIA
Article 27
Italy recognises and undertakes to respect the
sovereignty and independence of the State of Albania.
Article 28
Italy recognises that the Island of Saseno is part
of the territory of Albania and renounces all claims thereto.
Article 29
Italy formally renounces in favour of Albania all
property (apart from normal diplomatic or consular premises), rights,
concessions, interests and advantages of all kinds in Albania, belonging to the
Italian State or Italian para-statal institutions. Italy likewise renounces all
claims to special interests or influence in Albania, acquired as a result of
the aggression of 7 April 1939, or under treaties or agreements concluded
before that date.
The economic clauses of the present Treaty,
applicable to the Allied and Associated Powers, shall apply to other Italian
property and other economic relations between Albania and Italy.
Article 30
Italian nationals in Albania will enjoy the same
juridical status as other foreign nationals, but Italy recognises the legality
of all Albanian measures annulling or modifying concessions or special rights
granted to Italian nationals provided that such measures are taken within a
year from the coming into force of the present Treaty.
Article 31
Italy recognises that all agreements and
arrangements made between Italy and the authorities installed in Albania by
Italy from 7 April 1939 to 3 September 1943 are null and void.
Article 32
Italy recognises the legality of any measures which
Albania may consider necessary to take in order to confirm or give effect to
the preceding provisions.
SECTION VII: ETHIOPIA
Article 33
Italy recognises and undertakes to respect the
sovereignty and independence of the State of Ethiopia.
Article 34
Italy formally renounces in favour of Ethiopia all
property (apart from normal diplomatic or consular premises), rights, interests
and advantages of all kinds acquired at any time in Ethiopia by the Italian
State, as well as all para-statal property as defined in paragraph 1 of Annex
XIV of the present Treaty.
Italy also renounces all claims to special
interests or influence in Ethiopia.
Italy recognises the legality of all measures which
the Government of Ethiopia has taken or may hereafter take in order to annul
Italian measures respecting Ethiopia taken after 3 October 1935, and the
effects of such measures.
Article 36
Italian nationals in Ethiopia will enjoy the same
juridical status as other foreign nationals, but Italy recognises the legality
of all measures of the Ethiopian Government annulling or modifying concessions
or special rights granted to Italian nationals, provided such measures are
taken within a year from the coming into force of the present Treaty.
Article 37
Within eighteen months from the coming into force
of the present Treaty, Italy shall restore all works of art, religious objects,
archives and objects of historical value belonging to Ethiopia or its nationals
and removed from Ethiopia to Italy since 3 October 1935.
Article 38
The date from which the provisions of the present
Treaty shall become applicable as regards all measures and acts of any kind
whatsoever entailing the responsibility of Italy or of Italian nationals
towards Ethiopia, shall be held to be 3 October 1935.
SECTION VIII: INTERNATIONAL AGREEMENTS
Article 39
Italy undertakes to accept any arrangements which
have been or may be agreed for the liquidation of the League of Nations, the
Permanent Court of International Justice and also the International Financial
Commission in Greece.
Article 40
Italy hereby renounces all rights, titles and
claims deriving from the mandate system or from any undertakings given in
connection therewith, and all special rights of the Italian State in respect of
any mandated territory.
Article 41
Italy recognises the provisions of the Final Act of
31 August 1945,[15] and of the Franco-British
Agreement of the same date on the Statute of Tangier,[16]
as well as all provisions which may be adopted by the Signatory Powers for
carrying out these instruments.
Article 42
Italy shall accept and recognise any arrangements
which may be made by the Allied and Associated Powers concerned for the
modification of the Congo Basin Treaties with a view to bringing them into
accord with the Charter of the United Nations.
Article 43
Italy hereby renounces any rights and interests she
may possess by virtue of Article 16 of the Treaty of Lausanne signed on 24 July
1923.[17]
SECTION IX: BILATERAL TREATIES
Article 44
1. Each Allied or Associated Power will notify
Italy, within a period of six months from the coming into force of the present
Treaty, which of its pre-war bilateral treaties with Italy it desires to keep
in force or revive. Any provisions not in conformity with the present Treaty
shall, however, be deleted from the abovementioned treaties.
2. All such treaties so notified shall be
registered with the Secretariat of the United Nations in accordance with
Article 102 of the Charter of the United Nations.
3. All such treaties not so notified shall be
regarded as abrogated. |
PART III
WAR CRIMINALS
Article 45
1. Italy shall take all necessary steps to ensure
the apprehension and surrender for trial of:
(a) Persons accused of having committed, ordered or
abetted war crimes and crimes against peace or humanity;
(b) Nationals of any Allied or Associated Power
accused of having violated their national law by treason or collaboration with
the enemy during the war.
2. At the request of the United Nations Government
concerned, Italy shall likewise make available as witnesses persons within its
jurisdiction, whose evidence is required for the trial of the persons referred
to in paragraph 1 of this Article.
3. Any disagreement concerning the application of
the provisions of paragraphs 1 and 2 of this Article shall be referred by any
of the Governments concerned to the Ambassadors in Rome of the Soviet Union, of
the United Kingdom, of the United States of America, and of France, who will
reach agreement with regard to the difficulty. |
PART IV
NAVAL, MILITARY AND AIR CLAUSES
SECTION I: DURATION OF APPLICATION
Article 46
Each of the military, naval and air clauses of the
present Treaty shall remain in force until modified in whole or in part by
agreement between the Allied and Associated Powers and Italy or, after Italy
becomes a member of the United Nations, by agreement between the Security
Council and Italy.
SECTION II: GENERAL LIMITATIONS
Article 47
1 (a) The system of permanent Italian
fortifications and military installations along the Franco-Italian frontier,
and their armaments, shall be destroyed or removed.
(b) This system is deemed to comprise only
artillery and infantry fortifications whether in groups or separated, pillboxes
of any type, protected accommodation for personnel, stores and ammunition,
observation posts and military cableways, whatever may be their importance and
actual condition of maintenance or state of construction, which are constructed
of metal, masonry or concrete or excavated in the rock.
2. The destruction or removal, mentioned in
paragraph 1 above, is limited to a distance of 20 kilometres from any point on
the frontier as defined by the present Treaty, and shall be completed within
one year from the coming into force of the Treaty.
3. Any reconstruction of the abovementioned
fortifications and installations is prohibited.
4. (a) The following construction to the east of
the Franco-Italian frontier is prohibited: permanent fortifications where
weapons capable of firing into French territory or territorial waters can be
emplaced; permanent military installations capable of being used to conduct or
direct fire into French territory or territorial waters; and permanent supply
and storage facilities emplaced solely for the use of the abovementioned
fortifications and installations.
(b) This prohibition does not include other types
of non-permanent fortifications or surface accommodations and installations
which are designed to meet only requirements of an internal character and of
local defence of the frontiers.
5. In a coastal area 15 kilometres deep, stretching
from the Franco-Italian frontier to the meridian of 9deg.30'E, Italy shall not
establish any new, nor expand any existing, naval bases or permanent naval
installations. This does not prohibit minor alterations to, nor the maintenance
in good repair of, existing naval installations provided that their overall
capacity will not thereby be increased.
Article 48
1. (a) Any permanent Italian fortifications and
military installations along the Italo-Yugoslav frontier, and their armaments,
shall be destroyed or removed.
(b) These fortifications and installations are
deemed to comprise only artillery and infantry fortifications whether in groups
or separated, pillboxes of any type, protected accommodation for personnel,
stores and ammunition, observation posts and military cableways, whatever may
be their importance and actual condition of maintenance or state of
construction, which are constructed of metal, masonry or concrete or excavated
in the rock.
2. The destruction or removal, mentioned in
paragraph 1 above, is limited to a distance of 20 kilometres from any point on
the frontier, as defined by the present Treaty, and shall be completed within
one year from the coming into force of the Treaty.
3. Any reconstruction of the abovementioned
fortifications and installations is prohibited.
4. (a) The following construction to the west of
the Italo-Yugoslav frontier is prohibited: permanent fortifications where
weapons capable of firing into Yugoslav territory or territorial waters can be
emplaced; permanent military installations capable of being used to conduct or
direct fire into Yugoslav territory or territorial waters; and permanent supply
and storage facilities emplaced solely for the use of the abovementioned
fortifications and installations.
(b) This prohibition does not include other types
of non-permanent fortifications or surface accommodations and installations
which are designed to meet only requirements of an internal character and of
local defence of the frontiers.
5. In a coastal area 15 kilometres deep, stretching
from the frontier between Italy and Yugoslavia and between Italy and the Free
Territory of Trieste to the latitude of 44deg.50'N and in the islands adjacent
to this coast, Italy shall not establish any new, nor expand any existing,
naval bases or permanent naval installations. This does not prohibit minor
alterations to, nor the maintenance in good repair of, existing naval
installations and bases provided that their overall capacity will not thereby
be increased.
6. In the Apulian Peninsula east of longitude
17deg.45'E, Italy shall not construct any new permanent military, naval or
military air installations nor expand existing installations. This does not
prohibit minor alterations to, nor the maintenance in good repair of, existing
installations provided that their overall capacity will not thereby be
increased. Accommodation for such security forces as may be required for tasks
of an internal character and local defence of frontiers will, however, be
permitted.
Article 49
1. Pantellaria, the Pelagian Islands (Lampedusa,
Lampione and Linosa) and Pianosa (in the Adriatic) shall be and shall remain
demilitarised.
2. Such demilitarisation shall be completed within
one year from the coming into force of the present Treaty.
Article 50
1. In Sardinia all permanent coast defence
artillery emplacements and their armaments and all naval installations which
are located within a distance of 30 kilometres from French territorial waters
shall be removed to the mainland of Italy or demolished within one year from
the coming into force of the present Treaty.
2. In Sicily and Sardinia all permanent
installations and equipment for the maintenance and storage of torpedoes, sea
mines and bombs shall be demolished or removed to the mainland of Italy within
one year from the coming into force of the present Treaty.
3. No improvements to, reconstruction of, or
extensions of existing installations or permanent fortifications in Sicily and
Sardinia shall be permitted; however, with the exception of the northern
Sardinia areas described in paragraph 1 above, normal maintenance of such
installations or permanent fortifications and weapons already installed in them
may take place.
4. In Sicily and Sardinia Italy shall be prohibited
from constructing any naval, military and air force installations or
fortifications except for such accommodation for security forces as may be
required for tasks of an internal character.
Article 51
Italy shall not possess, construct or experiment
with (i) any atomic weapon, (ii) any self-propelled or guided missiles or
apparatus connected with their discharge (other than torpedoes and
torpedo-launching gear comprising the normal armament of naval vessels
permitted by the present Treaty), (iii) any guns with a range of over 30
kilometres, (iv) sea mines or torpedoes of non-contact types actuated by
influence mechanisms, (v) any torpedoes capable of being manned.
Article 52
The acquisition of war material of German or
Japanese origin or design, either from inside or outside Italy, or its
manufacture, is prohibited to Italy.
Article 53
Italy shall not manufacture or possess, either
publicly or privately, any war material different in type from, or exceeding in
quantity, that required for the forces permitted in Sections III, IV and V
below.
Article 54
The total number of heavy and medium tanks in the
Italian armed forces shall not exceed 200.
Article 55
In no case shall any officer or non-commissioned
officer of the former Fascist Militia or of the former Fascist Republican Army
be permitted to hold officer's or non-commissioned officer's rank in the
Italian Navy, Army, Air Force or Carabinieri, with the exception of such
persons as shall have been exonerated by the appropriate body in accordance
with Italian law.
SECTION III: LIMITATION OF THE ITALIAN NAVY
Article 56
1. The present Italian Fleet shall be reduced to
the units listed in Annex XIIA.
2. Additional units not listed in Annex XII and
employed only for the specific purpose of minesweeping, may continue to be
employed until the end of the mine clearance period as shall be determined by
the International Central Board for Mine Clearance of European Waters.
3. Within two months from the end of the said
period, such of these vessels as are on loan to the Italian Navy from other
Powers shall be returned to those Powers, and all other additional units shall
be disarmed and converted to civilian use.
Article 57
1. Italy shall effect the following disposal of the
units of the Italian Navy specified in Annex XIIB:
(a) The said units shall be placed at the disposal
of the Governments of the Soviet Union, of the United Kingdom, of the United
States of America, and of France;
(b) Naval vessels required to be transferred in
compliance with sub-paragraph (a) above shall be fully equipped, in operational
condition including a full outfit of armament stores, and complete with
on-board spare parts and all necessary technical data;
(c) The transfer of the naval vessels mentioned
above shall be effected within three months from the coming into force of the
present Treaty, except that, in the case of naval vessels that cannot be
refitted within three months, the time limit for the transfer may be extended
by the Four Governments;
(d) Reserve allowance of spare parts and armament
stores for the naval vessels mentioned above shall, as far as possible, be
supplied with the vessels.
The balance of reserve spare parts and armament
stores shall be supplied to an extent and at dates to be decided by the Four
Governments, in any case within a maximum of one year from the coming into
force of the present Treaty.
2. Details relating to the above transfers will be
arranged by a Four Power Commission to be established under a separate
protocol.
3. In the event of loss or damage, from whatever
cause, to any of the vessels in Annex XIIB scheduled for transfer, and which
cannot be made good by the agreed date for transfer of the vessel or vessels
concerned, Italy undertakes to replace such vessel or vessels by equivalent
tonnage from the list in Annex XIIA, the actual vessel or vessels to be
substituted being selected by the Ambassadors in Rome of the Soviet Union, of
the United Kingdom, of the United States of America, and of France.
Article 58
1. Italy shall effect the following disposal of
submarines and non-operational naval vessels. The time limits specified below
shall be taken as commencing with the coming into force of the present Treaty.
(a) Surface naval vessels afloat not listed in
Annex XII, including naval vessels under construction afloat, shall be
destroyed or scrapped for metal within nine months.
(b) Naval vessels under construction on slips shall
be destroyed or scrapped for metal within nine months.
(c) Submarines afloat and not listed in Annex XIIB
shall be sunk in the open sea in a depth of over 100 fathoms within three
months.
(d) Naval vessels sunk in Italian harbours and
approach channels, in obstruction of normal shipping, shall, within two years,
either be destroyed on the spot or salvaged and subsequently destroyed or
scrapped for metal.
(e) Naval vessels sunk in shallow Italian waters
not in obstruction of normal shipping shall within one year be rendered
incapable of salvage.
(f) Naval vessels capable of reconversion which do
not come within the definition of war material, and which are not listed in
Annex XII, may be reconverted to civilian uses or are to be demolished within
two years.
2. Italy undertakes, prior to the sinking or
destruction of naval vessels and submarines as provided for in the preceding
paragraph, to salvage such equipment and spare parts as may be useful in
completing the on-board and reserve allowances of spare parts and equipment to
be supplied, in accordance with Article 57, paragraph 1, for all ships
specified in Annex XIIB.
3. Under the supervision of the Ambassadors in Rome
of the Soviet Union, of the United Kingdom, of the United States of America,
and of France, Italy may also salvage such equipment and spare parts of a
non-warlike character as are readily adaptable for use in Italian civil
economy.
Article 59
1. No battleship shall be constructed, acquired or
replaced by Italy.
2. No aircraft carrier, submarine or other
submersible craft, motor torpedo boat or specialised types of assault craft
shall be constructed, acquired, employed or experimented with by Italy.
3. The total standard displacement of the war
vessels, other than battleships, of the Italian Navy, including vessels under
construction after the date of launching, shall not exceed 67,500 tons.
4. Any replacement of war vessels by Italy shall be
effected within the limit of tonnage given in paragraph 3. There shall be no
restriction on the replacement of auxiliary vessels.
5. Italy undertakes not to acquire or lay down any
war vessels before 1 January 1950, except as necessary to replace any vessel,
other than a battleship, accidentally lost, in which case the displacement of
the new vessel is not to exceed by more than ten percent the displacement of
the vessel lost.
6. The terms used in this Article are, for the
purposes of the present Treaty, defined in Annex XIIIA.
Article 60
1. The total personnel of the Italian Navy,
excluding any naval air personnel, shall not exceed 25,000 officers and men.
2. During the mine clearance period as determined
by the International Central Board for Mine Clearance of European Waters, Italy
shall be authorized to employ for this purpose an additional number of officers
and men not to exceed 2,500.
3. Permanent naval personnel in excess of that
permitted under paragraph 1 shall be progressively reduced as follows, time
limits being taken as commencing with the coming into force of the present
Treaty:
(a) To 30,000 within six months;
(b) To 25,000 within nine months.
Two months after the completion of minesweeping by
the Italian Navy, the excess personnel authorized by paragraph 2 is to be
disbanded or absorbed within the above numbers.
4. Personnel, other than those authorized under
paragraphs 1 and 2, and other than any naval air personnel authorized under
Article 65, shall not receive any form of naval training as defined in Annex
XIIIB.
SECTION IV: LIMITATION OF THE ITALIAN ARMY
Article 61
The Italian Army, including the Frontier Guards,
shall be limited to a force of 185,000 combat, service and overhead personnel
and 65,000 Carabinieri, though either of the above elements may be varied by
10,000 as long as the total ceiling does not exceed 250,000. The organisation
and armament of the Italian ground forces, as well as their deployment
throughout Italy, shall be designed to meet only tasks of an internal
character, local defence of Italian frontiers and anti-aircraft defence.
Article 62
The Italian Army, in excess of that permitted under
Article 61 above, shall be disbanded within six months from the coming into
force of the present Treaty.
Article 63
Personnel other than those forming part of the
Italian Army or Carabinieri shall not receive any form of military training as
defined in Annex XIIIB.
SECTION V: LIMITATION OF THE ITALIAN AIR FORCE
Article 64
1. The Italian Air Force, including any naval air
arm, shall be limited to a force of 200 fighter and reconnaissance aircraft and
150 transport, air-sea rescue, training (school type) and liaison aircraft.
These totals include reserve aircraft. All aircraft except for fighter and
reconnaissance aircraft shall be unarmed. The organisation and armament of the
Italian Air Force as well as their deployment throughout Italy shall be
designed to meet only tasks of an internal character, local defence of Italian
frontiers and defence against air attack.
2. Italy shall not possess or acquire any aircraft
designed primarily as bombers with internal bomb-carrying facilities.
Article 65
1. The personnel of the Italian Air Force,
including any naval air personnel shall be limited to a total of 25,000
effectives, which shall include combat, service and overhead personnel.
2. Personnel other than those forming part of the
Italian Air Force shall not receive any form of military air training as
defined in Annex XIIIB.
Article 66
The Italian Air Force, in excess of that permitted
under Article 65 above, shall be disbanded within six months from the coming
into force of the present Treaty.
SECTION VI: DISPOSAL OF WAR MATERIAL
(as defined in Annex XIIIC)
Article 67
1. All Italian war material in excess of that
permitted for the armed forces specified in Sections III, IV and V shall be
placed at the disposal of the Governments of the Soviet Union, of the United
Kingdom, of the United States of America, and of France, according to such
instructions as they may give to Italy.
2. All Allied war material in excess of that
permitted for the armed forces specified in Sections III, IV and V shall be
placed at the disposal of the Allied or Associated Power concerned according to
the instructions to be given to Italy by the Allied or Associated Power
concerned.
3. All German and Japanese war material in excess
of that permitted for the armed forces specified in Sections III, IV and V, and
all German or Japanese drawings, including existing blueprints, prototypes,
experimental models and plans, shall be placed at the disposal of the Four
Governments in accordance with such instructions as they may give to Italy.
4. Italy shall renounce all rights to the
above-mentioned war material and shall comply with the provisions of this
Article within one year from the coming into force of the present Treaty except
as provided for in Articles 56 to 58 thereof.
5. Italy shall furnish to the Four Governments
lists of all excess war material within six months from the coming into force
of the present Treaty.
SECTION VII: PREVENTION OF GERMAN AND JAPANESE REARMAMENT
Article 68
Italy undertakes to cooperate fully with the Allied
and Associated Powers with a view to ensuring that Germany and Japan are unable
to take steps outside German and Japanese territories towards rearmament.
Article 69
Italy undertakes not to permit the employment or
training in Italy of any technicians, including military or civil aviation
personnel, who are or have been nationals of Germany or Japan.
Article 70
Italy undertakes not to acquire or manufacture
civil aircraft which are of German or Japanese design or which embody major
assemblies of German or Japanese manufacture or design.
SECTION VIII: PRISONERS OF WAR
Article 71
1. Italian prisoners of war shall be repatriated as
soon as possible in accordance with arrangements agreed upon by the individual
Powers detaining them and Italy.
2. All costs, including maintenance costs, incurred
in moving Italian prisoners of war from their respective assembly points, as
chosen by the Government of the Allied or Associated Power concerned, to the
point of their entry into Italian territory, shall be borne by the Italian
Government.
SECTION IX: MINE CLEARANCE
Article 72
As from the coming into force of the present
Treaty, Italy will be invited to join the Mediterranean Zone Board of the
International Organisation for Mine Clearance of European Water, and shall
maintain at the disposal of the Central Mine Clearance Board all Italian
minesweeping forces until the end of the post-war mine clearance period as
determined by the Central Board. |
PART V
WITHDRAWAL OF ALLIED FORCES
Article 73
1. All armed forces of the Allied and Associated
Powers shall be withdrawn from Italy as soon as possible and in any case not
later than 90 days from the coming into force of the present Treaty.
2. All Italian goods for which compensation has not
been made and which are in possession of the armed forces of the Allied and
Associated Powers in Italy at the coming into force of the present Treaty shall
be returned to the Italian Government within the same period of 90 days or due
compensation shall be made.
3. All bank and cash balances in the hands of the
forces of the Allied and Associated Powers at the coming into force of the
present Treaty which have been supplied free of cost by the Italian Government
shall similarly be returned or a corresponding credit given to the Italian
Government. |
PART VI
CLAIMS ARISING OUT OF THE WAR
SECTION I: REPARATION
Article 74
A. Reparation for the Union of Soviet Socialist
Republics
1. Italy shall pay the Soviet Union reparation in
the amount of $100,000,000 during a period of seven years from the coming into
force of the present Treaty. Deliveries from current industrial production
shall not be made during the first two years.
2. Reparation shall be made from the following
sources:
(a) A share of the Italian factory and tool
equipment designed for the manufacture of war material, which is not required
by the permitted military establishments, which is not readily susceptible of
conversion to civilian purposes and which will be removed from Italy pursuant
to Article 67 of the present Treaty;
(b) Italian assets in Roumania, Bulgaria and
Hungary, subject to the exceptions specified in paragraph 6 of Article 79;
(c) Italian current industrial production,
including production by extractive industries.
3. The quantities and types of goods to be
delivered shall be the subject of agreements between the Governments of the
Soviet Union and of Italy, and shall be selected and deliveries shall be
scheduled in such a way as to avoid interference with the economic
reconstruction of Italy and the imposition of additional liabilities on other
Allied or Associated Powers. Agreements concluded under this paragraph shall be
communicated to the Ambassadors in Rome of the Soviet Union, of the United
Kingdom, of the United States of America, and of France.
4. The Soviet Union shall furnish to Italy on
commercial terms the materials which are normally imported into Italy and which
are needed for the production of these goods. Payments for these materials
shall be made by deducting the value of the materials furnished from the value
of the goods delivered to the Soviet Union.
5. The Four Ambassadors shall determine the value
of the Italian assets to be transferred to the Soviet Union.
6. The basis of calculation for the settlement
provided in this Article will be the United States dollar at its gold parity on
1 July 1946, ie. $35 for one ounce of gold.
B. Reparation for Albania, Ethiopia, Greece and
Yugoslavia
1. Italy shall pay reparation to the following
States:
Albania in the amount of $5,000,000
Ethiopia in the amount of $25,000,000
Greece in the amount of $105,000,000
Yugoslavia in the amount $125,000,000
These payments shall be made during a period of
seven years from the coming into force of the present Treaty. Deliveries from
current industrial production shall not be made during the first two years.
2. Reparation shall be made from the following
forces:
(a) A share of the Italian factory and tool
equipment designed for the manufacture of war material, which is not required
by the permitted military establishments, which is not readily susceptible of
conversion to civilian purposes and which will be removed from Italy pursuant
to Article 67 of the present Treaty;
(b) Italian current industrial production,
including production by extractive industries;
(c) All other categories of capital goods or
services, excluding Italian assets which, under Article 79 of the present
Treaty, are subject to the jurisdiction of the States mentioned in paragraph 1
above. Deliveries under this paragraph shall include either or both of the
passenger vessels Saturnia and Vulcania if, after their value has
been determined by the Four Ambassadors, they are claimed within 90 days by one
of the States mentioned in paragraph 1 above. Such deliveries may also include
seeds.
3. The quantities and types of goods and services
to be delivered shall be the subject of agreements between the Governments
entitled to receive reparation and the Italian Government, and shall be
selected and deliveries shall be scheduled in such a way as to avoid
interference with the economic reconstruction of Italy and the imposition of
additional liabilities on other Allied or Associated Powers.
4. The States entitled to receive reparation from
current industrial production shall furnish to Italy on commercial terms the
materials which are normally imported into Italy and which are needed for the
production of these goods. Payment for these materials shall be made by
deducting the value of the materials furnished from the value of the goods
delivered.
5. The basis of calculation for the settlement
provided in this Article will be the United States dollar at its gold parity on
1 July 1946, ie. $35 for one ounce of gold.
6. Claims of the States mentioned in paragraph 1 of
part B of this Article, in excess of the amounts of reparation specified in
that paragraph, shall be satisfied out of the Italian assets subject to their
respective jurisdictions under Article 79 of the present Treaty.
7. (a) The Four Ambassadors will coordinate and
supervise the execution of the provisions of part B of this Article. They will
consult with the Heads of the Diplomatic Missions in Rome of the States named
in paragraph 1 of part B and, as circumstances may require, with the Italian
Government, and advise them. For the purpose of this Article, the Four
Ambassadors will continue to act until the expiration of the period for
reparation deliveries provided in paragraph 1 of part B.
(b) With a view to avoiding conflict or overlapping
in the allocation of Italian production and resources among the several States
entitled to reparation under part B of this Article, the Four Ambassadors shall
be informed by any one of the Governments entitled to reparation under part B
of this Article and by the Italian Government of the opening of negotiations
for an agreement under paragraph 3 above and of the progress of such
negotiations. In the event of any differences arising in the course of the
negotiations the Four Ambassadors shall be competent to decide any point
submitted to them by either Government or by any other Government entitled to
reparation under part B of this Article.
(c) Agreements when concluded shall be communicated
to the Four Ambassadors. The Four Ambassadors may recommend that an agreement
which is not, or has ceased to be, in consonance with the objectives set out in
paragraph 3 or sub-paragraph (b) above be appropriately modified.
C. Special provision for earlier deliveries
With respect to deliveries from current industrial
production, as provided in part A, paragraph 2(c) and part B, paragraph 2(b),
nothing in either part A or part B of this Article shall be deemed to prevent
deliveries during the first two years, if such deliveries are made in
accordance with agreements between the Government entitled to reparation and
the Italian Government.
D. Reparation for other States
1. Claims of the other Allied and Associated Powers
shall be satisfied out of the Italian assets subject to their respective
jurisdictions under Article 79 of the present Treaty.
2. The claims of any State which is receiving
territories under the present Treaty and which is not mentioned in part B of
this Article shall also be satisfied by the transfer to the said State, without
payment, of the industrial installations and equipment situated in the ceded
territories and employed in the distribution of water, and the production and
distribution of gas and electricity, owned by any Italian company whose
siège social is in Italy or is transferred to Italy, as well as by the
transfer of all other assets of such companies in ceded territories.
3. Responsibility for the financial obligations
secured by mortgages, liens and other charges on such property shall be assumed
by the Italian Government.
E. Compensation for property taken for
reparation purposes
The Italian Government undertakes to compensate all
natural or juridical persons whose property is taken for reparation purposes
under this Article.
SECTION II: RESTITUTION BY ITALY
Article 75
1. Italy accepts the principles of the United
Nations Declaration of 5 January 1943 and shall return, in the shortest
possible time, property removed from the territory of any of the United
Nations.
2. The obligation to make restitution applies to
all identifiable property at present in Italy which was removed by force or
duress by any of the Axis Powers from the territory of any of the United
Nations, irrespective of any subsequent transactions by which the present
holder of any such property has secured possession.
3. The Italian Government shall return the property
referred to in this Article in good order and, in this connection, shall bear
all costs in Italy relating to labour, materials and transport.
4. The Italian Government shall cooperate with the
United Nations in, and shall provide at its own expense all necessary
facilities for, the search for and restitution of property liable to
restitution under this Article.
5. The Italian Government shall take the necessary
measures to effect the return of property covered by this Article held in any
third country by persons subject to Italian jurisdiction.
6. Claims for the restitution of property shall be
presented to the Italian Government by the Government of the country from whose
territory the property was removed, it being understood that rolling stock
shall be regarded as having been removed from the territory to which it
originally belonged. The period during which such claims may be presented shall
be six months from the coming into force of the present Treaty.
7. The burden of identifying the property and of
proving ownership shall rest on the claimant Government, and the burden of
proving that the property was not removed by force or duress shall rest on the
Italian Government.
8. The Italian Government shall restore to the
Government of the United Nation concerned all monetary gold looted by or
wrongfully removed to Italy or shall transfer to the Government of the United
Nation concerned an amount of gold equal in weight and fineness to that looted
or wrongfully removed. This obligation is recognised by the Italian Government
to exist irrespective of any transfers or removals of gold from Italy to any
other Axis Power or a neutral country.
9. If, in particular cases, it is impossible for
Italy to make restitution of objects of artistic, historical or archaeological
value, belonging to the cultural heritage of the United Nation from whose
territory such objects were removed by force or duress by Italian forces,
authorities or nationals, Italy shall transfer to the United Nation concerned
objects of the same kind as, and of approximately equivalent value to, the
objects removed, in so far as such objects are obtainable in Italy.
SECTION III: RENUNCIATION OF CLAIMS BY ITALY
Article 76
1. Italy waives all claims of any description
against the Allied and Associated Powers on behalf of the Italian Government or
Italian nationals arising directly out of the war or out of actions taken
because of the existence of a state of war in Europe after 1 September 1939,
whether or not the Allied or Associated Power was at war with Italy at the
time, including the following:
(a) Claims for losses or damages sustained as a
consequence of acts of forces or authorities of Allied or Associated Powers;
(b) Claims arising from the presence, operations,
or actions of forces or authorities of Allied or Associated Powers in Italian
territory;
(c) Claims with respect to the decrees or orders of
Prize Courts of Allied or Associated Powers, Italy agreeing to accept as valid
and binding all decrees and orders of such Prize Courts on or after 1 September
1939 concerning Italian ships or Italian goods or the payment of costs;
(d) Claims arising out of the exercise or purported
exercise of belligerent rights.
2. The provisions of this Article shall bar,
completely and finally, all claims of the nature referred to herein, which will
be henceforward extinguished, whoever may be the parties in interest. The
Italian Government agrees to make equitable compensation in lire to persons who
furnished supplies or services on requisition to the forces of Allied or
Associated Powers in Italian territory and in satisfaction of non-combat damage
claims against the forces of Allied or Associated Powers arising in Italian
territory.
3. Italy likewise waives all claims of the nature
covered by paragraph 1 of this Article on behalf of the Italian Government or
Italian nationals against any of the United Nations which broke off diplomatic
relations with Italy and which took action in cooperation with the Allied and
Associated Powers.
4. The Italian Government shall assume full
responsibility for all Allied military currency issued in Italy by the Allied
military authorities, including all such currency in circulation at the coming
into force of the present Treaty.
5. The waiver of claims by Italy under paragraph 1
of this Article includes any claims arising out of actions taken by any of the
Allied and Associated Powers with respect to Italian ships between 1 September
1939 and the coming into force of the present Treaty, as well as any claims and
debts arising out of the Conventions on prisoners of war now in force.
6. The provisions of this Article shall not be
deemed to affect the ownership of submarine cables which, at the outbreak of
the war, were owned by the Italian Government or Italian nationals. This
paragraph shall not preclude the application of Article 79 and Annex XIV to
submarine cables.
Article 77
1. From the coming into force of the present Treaty
property in Germany of Italy and of Italian nationals shall no longer be
treated as enemy property and all restrictions based on such treatment shall be
removed.
2. Identifiable property of Italy and of Italian
nationals removed by force or duress from Italian territory to Germany by
German forces or authorities after 3 September 1943 shall be eligible for
restitution.
3. The restoration and restitution of Italian
property in Germany shall be effected in accordance with measures which will be
determined by the Powers in occupation of Germany.
4. Without prejudice to these and to any other
dispositions in favour of Italy and Italian nationals by the Powers occupying
Germany, Italy waives on its own behalf and on behalf of Italian nationals all
claims against Germany and German nationals outstanding on 8 May 1944, except
those arising out of contracts and other obligations entered into, and rights
acquired, before 1 September 1939. This waiver shall be deemed to include
debts, all inter-governmental claims in respect of arrangements entered into in
the course of the war, and all claims for loss or damage arising during the
war.
5. Italy agrees to take all necessary measures to
facilitate such transfers of German assets in Italy as may be determined by
those of the Powers occupying Germany which are empowered to dispose of the
said assets. |
PART VII
PROPERTY, RIGHTS AND INTERESTS
SECTION I: UNITED NATIONS PROPERTY IN ITALY
Article 78
1. In so far as Italy has not already done so,
Italy shall restore all legal rights and interests in Italy of the United
Nations and their nationals as they existed on 10 June 1940 and shall return
all property in Italy of the United Nations and their nationals as it now
exists.
2. The Italian Government undertakes that all
property, rights and interests passing under this Article shall be restored
free of all encumbrances and charges of any kind to which they may have become
subject as a result of the war and without the imposition of any charges by the
Italian Government in connection with their return. The Italian Government
shall nullify all measures, including seizures, sequestration or control, taken
by it against United Nations property between 10 June 1940 and the coming into
force of the present Treaty. In cases where the property has not been returned
within six months from the corning into force of the present Treaty,
application shall be made to the Italian authorities not later than twelve
months from the coming into force of the present Treaty, except in cases in
which the claimant is able to show that he could not file his application
within this period.
3. The Italian Government shall invalidate
transfers involving property, rights and interests of any description belonging
to United Nations nationals, where such transfers resulted from force or duress
exerted by Axis Governments or their agencies during the war.
4. (a) The Italian Government shall be responsible
for the restoration to complete good order of the property returned to United
Nations nationals under paragraph 1 of this Article. In cases where property
cannot be returned or where, as a result of the war, a United Nations national
has suffered a loss by reason of injury or damage to property in Italy, he
shall receive from the Italian Government compensation in lire to the extent of
two-thirds of the sum necessary, at the date of payment, to purchase similar
property or to make good the loss suffered. In no event shall United Nations
nationals receive less favourable treatment with respect to compensation than
that accorded to Italian nationals.
(b) United Nations nationals who hold, directly or
indirectly, ownership interests in corporations or associations which are not
United Nations nationals within the meaning of paragraph 9(a) of this Article,
but which have suffered a loss by reason of injury or damage to property in
Italy, shall receive compensation in accordance with sub-paragraph (a) above.
This compensation shall be calculated on the basis of the total loss or damage
suffered by the corporation or association and shall bear the same proportion
to such loss or damage as the beneficial interests of such nationals in the
corporation or association bear to the total capital thereof.
(c) Compensation shall be paid free of any levies,
taxes or other charges. It shall be freely usable in Italy but shall be subject
to the foreign exchange control regulations which may be in force in Italy from
time to time.
(d) The Italian Government shall grant United
Nations nationals an indemnity in lire at the same rate as provided in
sub-paragraph (a) above to compensate them for the loss or damage due to
special measures applied to their property during the war, and which were not
applicable to Italian property. This sub-paragraph does not apply to a loss of
profit.
5. All reasonable expenses incurred in Italy in
establishing claims, including the assessment of loss or damage, shall be borne
by the Italian Government.
6. United Nations nationals and their property
shall be exempted from any exceptional taxes, levies or imposts imposed on
their capital assets in Italy by the Italian Government or any Italian
authority between 3 September 1943 and the coming into force of the present
Treaty for the specific purpose of meeting charges arising out of the war or of
meeting the costs of occupying forces or of reparation payable to any of the
United Nations. Any sums which have been so paid shall be refunded.
7. Notwithstanding the territorial transfers
provided in the present Treaty, Italy shall continue to be responsible for loss
or damage sustained during the war by property in ceded territory or in the
Free Territory of Trieste belonging to United Nations nationals. The
obligations contained in paragraphs 3, 4, 5 and 6 of this Article shall also
rest on the Italian Government in regard to property in ceded territory and in
the Free Territory of Trieste of United Nations nationals except in so far as
this would conflict with the provisions of paragraph 14 of Annex X and
paragraph 14 of Annex XIV of the present Treaty.
8. The owner of the property concerned and the
Italian Government may agree upon arrangements in lieu of the provisions of
this Article.
9. As used in this Article:
(a) "United Nations nationals"' means individuals
who are nationals of any of the United Nations, or corporations or associations
organised under the laws of any of the United Nations, at the coming into force
of the present Treaty, provided that the said individuals, corporations or
associations also had this status on 3 September 1943, the date of the
Armistice with Italy.
The term "United Nations nationals" also includes
all individuals, corporations or associations which, under the laws in force in
Italy during the war, have been treated as enemy;
(b) "Owner" means the United Nations national, as
defined in sub-paragraph (a) above, who is entitled to the property in
question, and includes a successor of the owner, provided that the successor is
also a United Nations national as defined in sub-paragraph (a). If the
successor has purchased the property in its damaged state, the transferor shall
retain his rights to compensation under this Article, without prejudice to
obligations between the transferor and the purchaser under domestic law;
(c) "Property" means all movable or immovable
property, whether tangible or intangible, including industrial, literary and
artistic property, as well as all rights or interests of any kind in property.
Without prejudice to the generality of the foregoing provisions, the property
of the United Nations and their nationals includes all seagoing and river
vessels, together with their gear and equipment, which were either owned by
United Nations or their nationals, or registered in the territory of one of the
United Nations, or sailed under the flag of one of the United Nations and
which, after 10 June 1940, while in Italian waters, or after they had been
forcibly brought into Italian waters, either were placed under the control of
the Italian authorities as enemy property or ceased to be at the free disposal
in Italy of the United Nations or their nationals, as a result of measures of
control taken by the Italian authorities in relation to the existence of a
state of war between members of the United Nations and Germany.
SECTION II: ITALIAN PROPERTY IN THE TERRITORY OF ALLIED AND ASSOCIATED POWERS
Article 79
1. Each of the Allied and Associated Powers shall
have the right to seize, retain, liquidate or take any other action with
respect to all property, rights and interests which on the coming into force of
the present Treaty are within its territory and belong to Italy or to Italian
nationals, and to apply such property or the proceeds thereof to such purposes
as it may desire, within the limits of its claims and those of its nationals
against Italy or Italian nationals, including debts, other than claims fully
satisfied under other Articles of the present Treaty. All Italian property, or
the proceeds thereof, in excess of the amount of such claims, shall be
returned.
2. The liquidation and disposition of Italian
property shall be carried out in accordance with the law of the Allied or
Associated Power concerned. The Italian owner shall have no rights with respect
to such property except those which may be given him by that law.
3. The Italian Government undertakes to compensate
Italian nationals whose property is taken under this Article and not returned
to them.
4. No obligation is created by this Article on any
Allied or Associated Power to return industrial property to the Italian
Government or Italian nationals, or to include such property in determining the
amounts which may be retained under paragraph 1 of this Article. The Government
of each of the Allied and Associated Powers shall have the right to impose such
limitations, conditions and restrictions on rights or interests with respect to
industrial property in the territory of that Allied or Associated Power,
acquired prior to the coming into force of the present Treaty by the Government
or nationals of Italy, as may be deemed by the Government of the Allied or
Associated Power to be necessary in the national interest.
5. (a) Italian submarine cables connecting points
in Yugoslavia shall be deemed to be Italian property in Yugoslavia, despite the
fact that lengths of these cables may lie outside the territorial waters of
Yugoslavia.
(b) Italian submarine cables connecting a point in
the territory of an Allied or Associated Power with a point in Italian
territory shall be deemed to be Italian property within the meaning of this
Article so far as concerns the terminal facilities and the lengths of cables
lying within territorial waters of that Allied or Associated Power.
6. The property covered by paragraph 1 of this
Article shall be deemed to include Italian property which has been subject to
control by reason of a state of war existing between Italy and the Allied or
Associated Power having jurisdiction over the property, but shall not include:
(a) Property of the Italian Government used for
consular or diplomatic purposes;
(b) Property belonging to religious bodies or
private charitable institutions and used exclusively for religious or
charitable purposes;
(c) Property of natural persons who are Italian
nationals permitted to reside within the territory of the country in which the
property is located or to reside elsewhere in United Nations territory, other
than Italian property which at any time during the war was subjected to
measures not generally applicable to the property of Italian nationals resident
in the same territory;
(d) Property rights arising since the resumption of
trade and financial relations between the Allied and Associated Powers and
Italy, or arising out of transactions between the Government of any Allied or
Associated Power and Italy since 3 September 1943;
(e) Literary and artistic property rights;
(f) Property in ceded territories of Italian
nationals, to which the provisions of Annex XIV shall apply;
(g) With the exception of the assets indicated in
Article 74, part A, paragraph 2(b) and part D, paragraph 1, property of natural
persons residing in ceded territories or in the Free Territory of Trieste who
do not opt for Italian nationality under the present Treaty, and property of
corporations or associations having siège social in ceded territories or
in the Free Territory of Trieste, provided that such corporations or
associations are not owned or controlled by persons in Italy. In the cases
provided under Article 74, part A, paragraph 2(b), and part D, paragraph 1, the
question of compensation will be dealt with under Article 74, part E.
SECTION III: DECLARATION OF THE ALLIED AND ASSOCIATED POWERS IN RESPECT OF
CLAIMS
Article 80
The Allied and Associated Powers declare that the
rights attributed to them under Articles 74 and 79 of the present Treaty cover
all their claims and those of their nationals for loss or damage due to acts of
war, including measures due to the occupation of their territory, attributable
to Italy and having occurred outside Italian territory, with the exception of
claims based on Articles 75 and 78.
SECTION IV: DEBTS
Article 81
1. The existence of the state of war shall not, in
itself, be regarded as affecting the obligation to pay pecuniary debts arising
out of obligations and contracts which existed, and rights which were acquired,
before the existence of the state of war, which became payable prior to the
coming into force of the present Treaty, and which are due by the Government or
nationals of Italy to the Government or nationals of one of the Allied and
Associated Powers or are due by the Government or nationals of one of the
Allied and Associated Powers to the Government or nationals of Italy.
2. Except as otherwise expressly provided in the
present Treaty, nothing therein shall be construed as impairing debtor-creditor
relationships arising out of pre-war contracts concluded either by the
Government or nationals of Italy. |
PART VIII
GENERAL ECONOMIC RELATIONS
Article 82
1. Pending the conclusion of commercial treaties or
agreements between individual United Nations and Italy, the Italian Government
shall, during a period of eighteen months from the coming into force of the
present Treaty, grant the following treatment to each of the United Nations
which, in fact, reciprocally grants similar treatment in like matters to Italy:
(a) In all that concerns duties and charges on
importation or exportation, the internal taxation of imported goods and all
regulations pertaining thereto, the United Nations shall be granted
unconditional most-favoured-nation treatment;
(b) In all other respects, Italy shall make no
arbitrary discrimination against goods originating in or destined for any
territory of any of the United Nations as compared with like goods originating
in or destined for territory of any other of the United Nations or of any other
foreign country;
(c) United Nations nationals, including juridical
persons, shall be granted national and most-favoured-nation treatment in all
matters pertaining to commerce, industry, shipping and other forms of business
activity within Italy. These provisions shall not apply to commercial aviation;
(d) Italy shall grant no exclusive or
discriminatory right to any country with regard to the operation of commercial
aircraft in international traffic, shall afford all the United Nations equality
of opportunity in obtaining international commercial aviation rights in Italian
territory, including the right to land for refueling and repair, and, with
regard to the operation of commercial aircraft in international traffic, shall
grant on a reciprocal and non-discriminatory basis to all United Nations the
right to fly over Italian territory without landing. These provisions shall not
affect the interests of the national defence of Italy.
2. The foregoing undertakings by Italy shall be
understood to be subject to the exceptions customarily included in commercial
treaties concluded by Italy before the war; and the provisions with respect to
reciprocity granted by each of the United Nations shall be understood to be
subject to the exceptions customarily included in the commercial treaties
concluded by that State. |
PART IX
SETTLEMENT OF DISPUTES
Article 83
1. Any disputes which may arise in giving effect to
Articles 75 and 78 and Annexes XIV, XV, XVI and XVII, part B, of the present
Treaty shall be referred to a Conciliation Commission consisting of one
representative of the Government of the United Nation concerned and one
representative of the Government of Italy, having equal status. If within three
months after the dispute has been referred to the Conciliation Commission no
agreement has been reached, either Government may ask for the addition to the
Commission of a third member selected by mutual agreement of the two
Governments from nationals of a third country. Should the two Governments fail
to agree within two months on the selection of a third member of the
Commission, the Governments shall apply to the Ambassadors in Rome of the
Soviet Union, of the United Kingdom, of the United States of America, and of
France, who will appoint the third member of the Commission. If the Ambassadors
are unable to agree within a period of one month upon the appointment of the
third member, the Secretary-General of the United Nations may be requested by
either party to make the appointment.
2. When any Conciliation Commission is established
under paragraph 1 above, it shall have jurisdiction over all disputes which may
thereafter arise between the United Nation concerned and Italy in the
application or interpretation of Articles 75 and 78 and Annexes XIV, XV, XVI,
and XVII, part B, of the present Treaty, and shall perform the functions
attributed to it by those provisions.
3. Each Conciliation Commission shall determine its
own procedure, adopting rules conforming to justice and equity.
4. Each Government shall pay the salary of the
member of the Conciliation Commission whom it appoints and of any agent whom it
may designate to represent it before the Commission. The salary of the third
member shall be fixed by special agreement between the Governments concerned
and this salary, together with the common expenses of each Commission, shall be
paid in equal shares by the two Governments.
5. The parties undertake that their authorities
shall furnish directly to the Conciliation Commission all assistance which may
be within their power.
6. The decision of the majority of the members of
the Commission shall be the decision of the Commission, and shall be accepted
by the parties as definitive and binding. |
PART X
MISCELLANEOUS ECONOMIC PROVISIONS
Article 84
Articles 75, 78, 82 and Annex XVII of the present
Treaty shall apply to the Allied and Associated Powers and to those of the
United Nations which broke off diplomatic relations with Italy or with which
Italy broke off diplomatic relations. These Articles and this Annex shall also
apply to Albania and Norway.
Article 85
The provisions of Annexes VIII, X, XIV, XV, XVI and
XVII shall, as in the case of the other Annexes, have force and effect as
integral parts of the present Treaty. |
PART XI
FINAL CLAUSES
Article 86
1. For a period not to exceed eighteen months from
the coming into force of the present Treaty, the Ambassadors in Rome of the
Soviet Union, of the United Kingdom, of the United States of America, and of
France, acting in concert, will represent the Allied and Associated Powers in
dealing with the Italian Government in all matters concerning the execution and
interpretation of the present Treaty.
2. The Four Ambassadors will give the Italian
Government such guidance, technical advice and clarification as may be
necessary to ensure the rapid and efficient execution of the present Treaty
both in letter and in spirit.
3. The Italian Government shall afford to the said
Four Ambassadors all necessary information and any assistance which they may
require in the fulfilment of the tasks devolving on them under the present
Treaty.
Article 87
1. Except where another procedure is specifically
provided under any Article of the present Treaty, any dispute concerning the
interpretation or execution of the Treaty, which is not settled by direct
diplomatic negotiations, shall be referred to the Four Ambassadors acting under
Article 86 except that in this case the Ambassadors will not be restricted by
the time limit provided in that Article. Any such dispute not resolved by them
within a period of two months shall, unless the parties to the dispute mutually
agree upon another means of settlement, be referred at the request of either
party to the dispute to a Commission composed of one representative of each
party and a third member selected by mutual agreement of the two parties from
nationals of a third country. Should the two parties fail to agree within a
period of one month upon the appointment of the third member, the
Secretary-General of the United Nations may be requested by either party to
make the appointment.
2. The decision of the majority of the members of
the Commission shall be the decision of the Commission, and shall be accepted
by the parties as definitive and binding.
Article 88
1. Any member of the United Nations, not a
signatory to the present Treaty, which is at war with Italy, and Albania, may
accede to the Treaty and upon accession shall be deemed to be an Associated
Power for the purposes of the Treaty.
2. Instruments of accession shall be deposited with
the Government of the French Republic and shall take effect upon deposit.
Article 89
The provisions of the present Treaty shall not
confer any rights or benefits on any State named in the Preamble as one of the
Allied and Associated Powers or on its nationals until such State becomes a
party to the Treaty by deposit of its instrument of ratification.
Article 90
The present Treaty, of which the French, English
and Russian texts are authentic, shall be ratified by the Allied and Associated
Powers.[18] It shall also be ratified by
Italy. It shall come into force immediately upon the deposit of ratifications
by the Union of Soviet Socialist Republics, by the United Kingdom of Great
Britain and Northern Ireland, by the United States of America, and by France.[19]
The instruments of ratification shall, in the shortest time possible, be
deposited with the Government of the French Republic.
With respect to each Allied or Associated Power
whose instrument of ratification is thereafter deposited the Treaty shall come
into force upon the date of deposit.[20] The
present Treaty shall be deposited in the archives of the Government of the
French Republic, which shall furnish certified copies to each of the signatory
States.
IN FAITH WHEREOF the undersigned Plenipotentiaries have signed the
present Treaty and have affixed thereto their seals.
DONE in the city of Paris in the French, English, Russian and Italian
languages, this tenth day of February One Thousand Nine Hundred and
Forty-Seven.
[Signatures not reproduced here.] |
ANNEX I
MAPS TO ACCOMPANY THE PEACE TREATY WITH ITALY
- Frontiers of Italy (Article 1).
- Franco-Italian Frontier (Article 2).
- Yugoslav-Italian Frontier (Article 3).
- Frontiers of the Free Territory of Trieste
(Articles 4 and 22).
- Sea Areas defined in Article 11 of the present
Treaty.
[Maps not reproduced here - see UNTS 50.] |
ANNEX II
FRANCO-ITALIAN FRONTIER
Detailed description of the sections of the frontier to which the
modifications set out in Article 2 apply
LITTLE SAINT BERNARD PASS
Reference: 1:20,000 map: Ste. Foy Tarentaise Nos.
1-2.
The new frontier follows a line which starts from
the rocky ridge of Lancebranlette, then, descending towards the east, follows
the line of the watershed to the 2,180 metre level, whence it passes to the
Colonna Joux (2188). From there, still following the line of the watershed, it
reascends on to Costa del Belvedere, the rocky outcrops of which it follows,
climbs Mt. Belvedere, skirting its summit and leaving the latter in French
territory 120 metres away from the frontier and, passing through points 2570,
2703, Bella Valletta and point 2746, it rejoins the old frontier at Mt.
Valaisan.
MONT CENIS PLATEAU
Reference: 1:20,000 map: Lanslebourg, Nos. 5-6 and
7-8 and of Mont D'Ambin, Nos. 1-2.
The new frontier follows a line which leaves the
old frontier at Mt. Tour, follows westwards the administrative boundary shown
on the map, follows the Vitoun as soon as it meets it on its northern branch
and descends along it as far as Rocca della Torretta.
Then following the line of rocky outcrops, it
reaches the stream coming from the Alpe Lamet and descends with it as far as
the base of the rocky escarpment along which it runs for about 800 metres as
far as the thalweg at a point situated about 200 metres north of point 1805.
Then it mounts to the top of the landslips which
overlook Ferrera Cenisio about 300 metres away and, continuing westwards, meets
the road which skirts the east of Rne. Paradiso 400 metres west of the loop
(1854), leaving it immediately and bending southwards.
It cuts the Bar Cenisia road at a point about 100
metres southeast of Refuge 5, crosses the thalweg in the direction of Lago S.
Giorgio, roughly follows contour 1900 as far as point 1907, then skirts the
southern side of Lago d'Arpon and rejoins the rocky ridge on which it remains
in a south-westerly direction as far as the confluence of the streams coming
from the Bard glacier (Ghiacciaio di Bard) at a point approximately 1,400
metres southwest of Lago d'Arpon.
From there, bending southwards, it roughly follows
contour 2500, goes as far as point 2579, then, running along contour 2600, it
reaches the Lago della Vecchia and rejoins, at the administrative boundary
marked on the map about 700 metres southeast of the lake, the Pso. d'Avanza
path, which it follows along the rocky escarpments to the old frontier, halfway
between the Col della Vecchia and the Col de Clapier.
MONT THABOR
Reference: 1:20,000 map: Nevache, 1-2, 5-6 and 7-8.
From Cina de la Planette to Rocher de Guion (Cima del Sueur)
The new frontier follows a line which leaves the
present frontier at Cima de la Planette and, proceeding southwards, follows the
ridge through points 2980, 3178, Rca. Bernaude (3228), points 2842, 2780, 2877,
Pso. della Gallina (2671), points 2720, 2806 and Pta. Quattro Sorelle (2700).
Descending the eastern slope of this summit, the
line leaves in French territory point 2420, whence it rejoins and follows on
the east the path leading to the buildings situated about 200 metres from point
2253, this path and these buildings being left in French territory. It then
enters a thalweg, passing about 300 metres northeast of point 1915, whence it
reaches the northwestern edge of the reservoir which, in the Vallee Etroite
(Valle Stretta) feeds the hydro-electric installations of Sette Fontane,
leaving this reservoir and these installations in Italian territory. Skirting
the reservoir on the south, it reaches the crossroads at point 1499.
Thence it follows the path which hugs the edge of
the woods along contour 1500 and which leads it to Comba della Gorgia near the
1580 contour; then it ascends the thalweg towards point 1974 and joins the edge
of the rocky escarpments of La Sueur as marked by points 2272, 2268, 2239,
2266, 2267, remaining on this edge until it meets the old frontier, the crest
of the rocks and the path bordering it remaining in French territory.
CHABERTON
Reference: 1:20,000 map: Briançon, Nos. 3-4.
The new frontier follows a line which leaves the
old frontier at point 3042 (north of point 3070 and north of Pointe des Trois
Scies) and follows the rocky ridge as far as Croce del Vallonetto.
From the Croce del Vallonetto it bends towards the
south along the rocky ridge and meets the Chaberton road at the point where the
latter enters the cirque of the Clot des Morts.
Crossing this road and the thalweg which borders
it, the line roughly follows, for 1250 metres, contour 2300 which, on the
ground, follows to the southeast a series of rocky outcrops and debris, then it
cuts straight across the eastern slope of Mt. Chaberton, reaches a point about
400 metres west of point 2160 leaving in French territory the intermediate
pylon of the cable railway which stands there.
Then it proceeds in a straight line, across a
series of rocky barriers and steep ravines, towards the position (not marked on
the map) of La Fontaine des Chamois, near point 2228 (about 1400 metres
northeast of Clavières) which it skirts to the east, following the second bend
of the road joining this position with the fortified barracks of Chaberton, on
the road from Cézanne (Cesana) to Clavières, leaving the fortifications at La
Fontaine des Chamois in French territory.
Thence following first in a southerly direction the
commune boundary marked on the map, and then the rocky barrier about 400 metres
north of the Clavières-Cézanne (Cesana) road, it bends towards the southwest,
passing along the foot of the rocky cliffs, sufficiently far from the latter to
allow the construction of double-track road
Skirting in this way to the north the village of
Clavières, which is left in Italian territory, it meets the Rio Secco about 200
metres upstream from the Clavières bridge and follows down its course, then
that of Doire Ripaire (Doria Riparia) as far as the road from Clavières to Val
Gimont, which is left to Italy, and follows this road as far as the bridge over
the Gimont.
Proceeding up the course of the latter for about
300 metres, the line then leaves it and follows the mule-track which takes it
to the upper pylon of the Clavières cable railway (Col du Mont Fort du Boeuf),
which is left in French territory. Then, across the ridge, it rejoins the
present frontier at Mont la Plane, frontier post 251. The road in the valley of
the Gimont is left in Italian territory.
UPPER VALLEYS OF LA TINÉE, LA VESUBIE AND LA ROYA
1. From Cime de Colla Longa to Cima di
Mercantour
References: 1:20,000 maps: St. Etienne de Tinée,
Nos. 3-4 and 7-8, Les Trois Ponts, Nos. 5-6.
The new frontier follows a line which leaves the
old frontier at Cime de Colla Longa and proceeding eastwards and following the
line of the watershed, skirts the rocky ridge, passing through points 2719,
2562, Cle. di Seccia, reaches at point 2760 the Testa dell'Autaret, passes to
point 2672, to the Cle. della Guercia (2456) and through points 2640, 2693,
2689, reaches Rocche di Saboulé and follows the northern ridge thereof.
Following the ridge, it passes through points 2537,
2513, Pso. del Lausfer (2461) and point 2573 to Testa Auta del Lausfer (2587)
whence it bends southwards as far as Testa Colla Auta, passing Cima del Lausfer
(2544), leaving the latter point in Italy.
Thence through point 2484, and along the ridge path
which is left in French territory, through points 2240 and 2356, it crosses the
Passo di S. Anna, and passing through points 2420 and 2407 it reaches a point
about 80 metres south of point 2378 (Cima Moravacciera).
Following the ridge path left in French territory,
it passes through Testa Ga del Caval and point 2331, both left in French
territory, then leaving the path it continues on the ridge of Testa del'Adreck
(2457) and through Cle. della Lombarda and point 2556 and arrives at Cima della
Lombarda (2801).
Bending southeastwards, it then follows the rocky
ridge and passing through Pso. di Peania, Cima di Vermeil, point 2720 left in
French territory, Testa Cba. Grossa (2792), Pso. del Lupo (2730) and point
2936, reaches Mt. Malinvern.
Thence, in a southerly direction, through points
2701, 2612 and Cima di Tavels (2804), then in an easterly direction through
point 2823, it reaches Testa del Claus (2889).
Then, bending in a general southeasterly direction,
it crosses Passo delle Portette, passes to point 2814, to Testa delle Portette,
to point 2868, to Testa Margiola (2831), to Caire di Prefouns (2840), to Passo
ael Prefouns (2620), to Testa di Tablasses (2851), to Passo di Bresses (2794),
to Testa di Bresses (2820), and passing through Cima di Fremamorta (2731), Cle.
Fremamorta, point 2625, point 2675, and point 2539, Cima di Pagari (2686), Cima
di Naucetas (2706), points 2660 and 2673, Cle. di Ciriegia (2581), reaches Cima
di Mercantour (2775).
2. From Cima di Mercantour to Mt. Clapier
References: 1:20,000 map: Les Trois Ponts, Nos. 5-6
and the Italian 1:20,000 map: Madonna delle Finestre.
From Cima di Mercantour, it proceeds through point
2705, Cle. Mercantour (2611), Cima Ghilie (2998), points 2939 and 2955, Testa
della Rovina (2981), points 2844 and 2862, Paso della Rovina, Caire dell'Agnel
(2935, 2867, 2784), Cima del Caire Agnel (2830), Cima Mallariva (2860), Cima
Cairas (2831), Cima Cougourda (2881, 2921), Cima dei Gaisses (2896), points
2766, 2824, Cima del Lombard (2842), points 2831, 2717, 2591, 2600 and 2582,
Boccia Forno, Cima delle Finestre (2657), Col delle Finestre, points 2634, 2686
and 2917 and reaches Cima dei Gelas (3143), then through point 3070 to Cima
della Maledia (3061), from whence it skirts the Passo del Pagari (2819) path
and then, following the commune boundary, shown on the map, it reaches the
Passo di Mt. Clapier (2827), winds round the north and east of Mt. Clapier
(3045) along the administrative boundary shown on the map.
3. From Mt. Clapier to Colle di Tenda
References: Italian 1:20,000 map: Madonna delle
Finestre and Colle di Tenda.
From Mt. Clapier, the line follows the
administrative boundary represented on the map by points 2915, 2887 and 2562,
Passo dell'Agnel and point 2679, up to Cima dell'Agnel (2775).
The line then bears eastwards, still adhering to
the administrative boundary represented on the map by points 2845 and 2843 of
Rce. dell'Agnel; it then reaches Cima della Scandeiera (2706), crosses Cle. del
Sabbione (2332), proceeds over points 2373, 2226, 2303, and 2313 to Cma. del
Sabbione (2610), point 2636, Pta. Peirafica, points 2609, 2585, 2572, 2550 and
reaches Rca. dell'Abisso (2755).
The line still continues along the administrative
boundary marked on the map up to the east of point 2360, then skirts the rocky
outcrops north of Rne. Pian Misson, from whence it reaches the Mt. Becco Rosso
path and follows it to the north of points 2181, 2116 and 1915 and then skirts
the road for approximately 1 kilometre northwards before rejoining the
abovementioned path up to Colle di Tenda. The path and the section of highway
mentioned above remain in French territory.
4. From Colle di Tenda to Cima Missun
Reference: Italian 1:20,000 map: Tenda and Certosa
di Pesio.
From Colle di Tenda the line, leaving the path in
French territory, proceeds to points 1887 and 2206, then branches off the path
to follow along the ridge the administrative boundary shown on the map, then
passing through point 2262 reaches Cma. del Becco (2300).
Bearing northward and along the administrative
boundary shown on the map it reaches the Col della Perla (2086), follows the
path which skirts the rocky outcrop in Cma. del Cuni to Col della Boaira, where
it leaves it to follow the ridge to the north. The abovementioned path remains
in French territory.
Skirting the rocky outcrop, it proceeds to point
2275, reaches Testa Ciaudon (2386), skirts the rocky escarpments, crosses Colla
Piana (2219) and reaches point 2355 of Mt. Delle Carsene which is left on
French soil, then it follows the northern ridge of this mountain over Pta.
Straldi (2375), points 2321 and 2305 up to Pso. Scarason, then swerves
northwards up to point 2352, where it meets the administrative boundary shown
on the map and follows this boundary through points 2510 and 2532 up to Pta.
Marguareis (2651).
Deviating southward it then follows the ridge,
passes point 2585 and, passing down the rocky crest, reaches Colle del Lago dei
Signori.
Following the path on the summit, which is left in
French territory, then running along the crest proper, it comes to Cima di
Pertega (2402), passes along the rocky ridge down to Cle. delle Vecchie (2106),
whence it follows the summit path, which it leaves in French territory, through
points 2190, 2162, Cima del Vescovo (2257) and Cima di Velega (2366) up to Mt.
Bertrand.
From Mt. Bertrand (2481) it follows the
administrative boundary shown on the map up to Cla. Rossa, where it rejoins the
summit path which it then skirts passing through points 2179 and 2252 up to
Cima Missun (2356), then, winding round the east of this mountain summit, the
line follows the abovementioned path which remains in French territory.
5. From Cima Missun to Col de Pegairole
References: 1:20,000 map: Pointe de Lugo, Nos. 1-2
and 5-6.
Following the same summit path, the line crosses
Cla. Cravirora and passes east of point 2265 to Pta. Farenga. It then leaves
the path and winds round Cma. Ventosa to the east, after which it joins the
Passo di Tanarello path and leaves in France the constructions beside this
path. The line then passes along Mt. Tanarello, crosses Passo Basera (2038),
skirts Mt. Saccarello which is left approximately 300 metres to the westwards,
then following first the rocky ridge and then the path up to Pso. di
Collardente it reaches the ridge which leads up to Mt. Collardente, leaving
point 1762 on French Territory. At this point it skirts a path which is left in
Italian territory and comes to Mt. Collardente, leaving on French soil the path
which crosses it. The line then follows this path through the Bassa di Sanson
east and south of point 1769 up to the constructions, situated approximately
500 metres east of Testa della Nava (1934), which are left in French territory.
When it reaches these works, it leaves the road,
rejoins at the ridge the road along the Testa della Nava ridge which remains in
French territory, and follows it as far as the works to the southeast of the
Cima di Marta or Mt Vacche, skirting it from the east.
From there, passing along the ridge road left in
French territory, it skirts Mt. Ceriana, leaves the road to reach Mt. Grai
(2014) and joins it again at the col (1875), follows it to skirt Cima della
Valetta and Mt. Pietravecchia as far as the rocky crest.
It then crosses Gola dell'Incisa, runs by way of
the ridge and point 1759 to Mt. Toraggio (1972), then to Cima di Logambon and
the Gola del Corvo, skirts Mt. Bauso and Mt. Lega (1552, 1563 and 1556) and
follows the ridge downwards to Passo di Muratone.
Along the ridge road, left in French territory, it
runs to Mt. Scarassan, to the south of Mt. Battolino and of point 1358 and
reaches Cla. Pegairole.
6. From Cla. Pegairole to Mt. Mergo
References: 1:20,000 maps: Pointe de Lugo, Nos.
5-6, San Remo, Nos. 1-2 and Menton, Nos. 3-4.
From Cla. Pegairole the line follows the
administrative boundary marked on the map, leaving Cisterne to France, climbs
Mt. Simonasso, drops as far as the col and follows the road to Margheria Suan
which it leaves in French territory, the chalets remaining in Italian
territory.
Continuing to follow the road, left in French
territory, it passes to the east of Testa d'Alpe to Fontana dei Draghi, to the
springs at point 1406, to point 1297, skirts Colla Sgora on the east, passes
the points 1088, 1016, and 1026, crosses the rocky ridge of Mt. Colombin,
follows the cantonal boundary shown on the map along Cima di Reglie (846 and
858), departs from this cantonal boundary in a southwesterly direction to
follow the ridge of Serra dell'Arpetta (543, 474 and 416) down to the thalweg
of the Roya, which it crosses about 200 metres northwest of the bridge of
Fanghetto.
The line then ascends the thalweg of Roya to a
point situated about 350 metres from the abovementioned bridge. It leaves the
Roya at this point and bears southwest to point 566. From this point it bears
west until it meets the ravine descending to Olivetta which it follows as far
as the road, leaving the dwellings on this road in Italian territory, mounts
the Vle. di Tronto for about 200 metres and then turns towards point 410 as far
as the road from Olivetta to San Girolamo. Thence it runs southeast along this
road for about 100 metres and then bears generally southwest to point 403,
running for about 20 metres along and to the south of the road marked on the
map. From point 403, it follows the ridge of Pta. Becche as far as point 379,
then again bearing southwest, crosses the Bevera, following the thalweg towards
Mt. Mergo which it skirts on the south at about 50 metres from the summit
(686), left in French territory, and rejoins the present frontier at a point
about 100 metres to the southwest of that summit. |
ANNEX III
GUARANTEES IN CONNECTION WITH MONT CENIS AND THE TENDA-BRIGA DISTRICT
(See Article 9)
A. GUARANTEES TO BE GIVEN BY FRANCE TO ITALY IN CONNECTION WITH THE CESSION OF
THE PLATEAU OF MONT CENIS
I. In respect of water supplied from the Lake of
Mont Cenis for hydro-electric purposes
(a) France shall so control the supply of water
from the Lake of Mont Cenis to the underground conduits supplying the Gran
Scala, Venaus and Mompantero hydro-electric plants, as to supply for those
plants such quantities of water at such rates of flow as Italy may require.
(b) France shall repair and maintain in good and
substantial condition and, as may be necessary, shall renew all the works
required for the purposes of controlling and supplying the water in accordance
with sub-paragraph (a) in so far as these works are within French territory.
(c) France shall inform Italy, as and when required
by Italy, of the amount of water in the Lake of Mont Cenis and of any other
information pertaining thereto, so as to enable Italy to determine the
quantities of water and rates of flow to be supplied to the said underground
conduits.
(d) France shall carry out the foregoing provisions
with due regard for economy and shall charge Italy the actual cost incurred in
so doing.
II. In respect of electricity produced at the
Gran Scala hydro-electric plant
(a) France shall operate the Gran Scala
hydro-electric plant so as to generate (subject to the control of the supply of
water as provided in Guarantee I) such quantities of electricity at such rates
of output as Italy may require after the local requirements (which shall not
substantially exceed the present requirements) in the vicinity of Gran Scala
within French territory have been met.
(b) France shall operate the pumping plant adjacent
to the Gran Scala plant so as to pump water to the Lake of Mont Cenis as and
when required by Italy.
(c) France shall repair and maintain in good and
substantial condition and, as may be necessary, shall renew all the works
comprising the Gran Scala hydro-electric plant and pumping plant together with
the transmission line and equipment from the Gran Scala plant to the
Franco-Italian frontier.
(d) France shall transmit over the transmission
line from Gran Scala to the Franco-Italian frontier the electricity required by
Italy as aforesaid, and shall deliver that electricity to Italy at the point at
which that transmission line crosses the Franco-Italian frontier into Italian
territory.
(e) France shall maintain the voltage and
periodicity of the electricity supplied in accordance with the foregoing
provisions at such levels as Italy may reasonably require.
(f) France shall arrange with Italy for telephone
communication between Gran Scala and Italy and shall communicate with Italy in
order to ensure that the Gran Scala plant, the pumping plant and transmission
line are operated in such a manner as to comply with the foregoing guarantees.
(g) The price to be charged by France and paid by
Italy for electricity available to Italy from the Gran Scala plant (after the
local requirements as aforesaid have been met) shall be the same as the price
charged in France for the supply of similar quantities of hydro-electricity in
French territory in the neighbourhood of Mont Cenis or in other regions where
conditions are comparable.
III. Duration of guarantees
Unless otherwise agreed between France and Italy
these guarantees will remain in force in perpetuity.
IV. Supervisory Technical Commission
A Franco-Italian Supervisory Technical Commission
comprising an equal number of French and Italian members shall be established
to supervise and facilitate the execution of the foregoing guarantees which are
designed to secure the same facilities as Italy enjoyed in respect of
hydro-electric and water supplies from the Lake of Mont Cenis before the
cession of this region to France. It shall also be within the functions of the
Supervisory Technical Commission to cooperate with the competent French
technical services in order to ensure that the safety of the lower valleys is
not endangered.
B. GUARANTEES TO BE GIVEN BY FRANCE TO ITALY IN CONNECTION WITH THE CESSION OF
THE TENDA-BRIGA DISTRICT TO FRANCE
1. Guarantees to ensure to Italy the supply
of electricity generated by the two 16 2/3rd period generators of the
hydro-electric plant at San Dalmazzo; and the supply of electricity generated
at 50 periods at the hydro-electric plants at Le Mesce, San Dalmazzo and
Confine in excess of such amount thereof as may be required by France for
supply to the Sospel, Menton and Nice areas until the complete reconstruction
of the wrecked hydro-electric plants at Breil and Fontan, it being understood
that such amount will decrease as reconstruction of these plants proceeds and
will not exceed 5,000 KW in power and 3,000,000 KWH per month and that, if no
special difficulties are encountered in the reconstruction, the work should be
completed not later than the end of 1947:
(a) France shall operate the said plants so as to
generate (subject to such limitations as may be imposed by the amount of water
available and taking into account as far as reasonably practicable the needs of
the plants downstream) such quantities of electricity at such rates of output
as Italy may require, firstly, at 16 2/3rd periods for the Italian railways in
Liguria and South Piedmont and secondly, at 50 periods for general purposes,
after the requirements by France for Sospel, Menton and Nice, as aforesaid, and
the local requirements in the vicinity of San Dalmazzo, have been met;
(b) France shall repair and maintain in good and
substantial condition and, as may be necessary, shall renew all the works
comprising the Le Mesce, San Dalmazzo and Confine hydro-electric plants
together with the transmission lines and equipment from the Le Mesce and
Confine plants to the San Dalmazzo plant and also the main transmission lines
and equipment from the San Dalmazzo plant to the Franco-Italian frontier;
(c) France shall inform Italy, as and when required
by Italy, of the rate of flow of water at Le Mesce and Confine and of the
amount of water stored at San Dalmazzo and of any other information pertaining
thereto so as to enable Italy to determine her electricity requirements, as
indicated in sub-paragraph (a);
(d) France shall transmit over the main
transmission lines from San Dalmazzo to the Franco-Italian frontier the
electricity required by Italy as aforesaid, and shall deliver that electricity
to Italy at the points at which those main transmission lines cross the
Franco-Italian frontier into Italian territory;
(e) France shall maintain the voltage and
periodicity of the electricity supplied in accordance with the foregoing
provisions at such levels as Italy may actually require;
(f) France shall arrange with Italy for telephone
communications between San Dalmazzo and Italy and shall communicate with Italy
in order to ensure that the said hydro-electric plants and transmission lines
are operated in such a manner as to comply with the foregoing guarantees.
2. Guarantee concerning the price to be
charged by France to Italy for the electricity made available to Italy under
paragraph 1 above until terminated in accordance with paragraph 3 below:
The price to be charged by France and paid by Italy
for the electricity made available to Italy from the Le Mesce, San Dalmazzo and
Confine hydro-electric plants after the requirements by France for Sospel,
Menton and Nice and the local requirements in the vicinity of San Dalmazzo have
been met as provided in sub-paragraph (a) of Guarantee 1, shall be the same as
the price charged in France for the supply of similar quantities of
hydro-electricity in French territory in the neighbourhood of the Upper Valley
of the Roya or in the other regions where conditions are comparable.
3. Guarantee of a reasonable period of time
for the supply of electricity by France to Italy:
Unless otherwise mutually agreed between France and
Italy, Guarantees 1 and 2 shall remain in force until 31 December 1961 and
shall terminate then or any subsequent 31 December if either country shall have
given to the other at least two years notice in writing of its intention to
terminate.
4. Guarantee of full and equitable
utilization by France and Italy of the waters of the Roya and its tributaries
for hydro-electric production:
(a) France shall operate the hydro-electric plants
on the Roya in French territory, taking into account as far as reasonably
practicable the needs of the plants downstream. France shall inform Italy in
advance of the amount of water which it is expected will be available each day,
and shall furnish any other information pertaining thereto;
(b) Through bilateral negotiations France and Italy
shall develop a mutually agreeable, coordinated plan for the exploitation of
the water resources of the Roya.
5. A commission or such other similar body as may
be agreed shall be established to supervise the carrying out of the plan
mentioned in sub-paragraph (b) of Guarantee 4 and to facilitate the execution
of Guarantees 1-4. |
ANNEX IV
PROVISIONS AGREED UPON BY THE AUSTRIAN AND ITALIAN GOVERNMENTS ON 5 SEPTEMBER
1946
(Original English text as signed by the two Parties and communicated to the
Paris Conference on 6 September 1946)
(See Article 10)
1. German-speaking inhabitants of the Bolzano
Province and of the neighbouring bilingual townships of the Trento Province
will be assured complete equality of rights with the Italian-speaking
inhabitants, within the framework of special provisions to safeguard the
ethnical character and the cultural and economic development of the
German-speaking element.
In accordance with legislation already enacted or
awaiting enactment the said German-speaking citizens will be granted in
particular:
(a) elementary and secondary teaching in the
mother-tongue;
(b) parification of the German and Italian
languages in public offices and official documents, as well as in bilingual
topographic naming;
(c) the right to re-establish German family names
which were italianized in recent years;
(d) equality of rights as regards the entering upon
public offices, with a view to reaching a more appropriate proportion of
employment between the two ethnical groups.
2. The populations of the above-mentioned zones
will be granted the exercise of autonomous legislative and executive regional
power. The frame within which the said provisions of autonomy will apply, will
be drafted in consultation also with local representative German-speaking
elements.
3. The Italian Government, with the aim of
establishing good neighbourhood relations between Austria and Italy, pledges
itself, in consultation with the Austrian Government and within one year from
the signing of the present Treaty:
(a) to revise in a spirit of equity and
broadmindedness the question of the options for citizenship resulting from the
1939 Hitler-Mussolini agreements;
(b) to find an agreement for the mutual recognition
of the validity of certain degrees and University diplomas;
(c) to draw up a convention for the free passengers
and good transit between northern and eastern Tyrol both by rail and, to the
greatest possible extent, by road;
(d) to reach special agreements aimed at
facilitating enlarged frontier traffic and local exchanges of certain
quantities of characteristic products and goods between Austria and Italy. |
ANNEX V
WATER SUPPLY FOR GORIZIA AND VICINITY
(See Article 13)
1. Yugoslavia, as the owner, shall maintain and
operate the springs and water supply installations at Fonte Fredda and
Moncorona and shall maintain the supply of water to that part of the Commune of
Gorizia, which, under the terms of the present Treaty, remains in Italy. Italy
shall continue to maintain and operate the reservoir and water distribution
system within Italian territory which is supplied by the abovementioned springs
and shall maintain the supply of water to those areas in Yugoslavia which,
under the terms of the present Treaty, will be transferred to that State and
which are supplied from Italian territory.
2. The water so supplied shall be in the amounts
which have been customarily supplied to the region in the past. Should
consumers in either State require additional supplies of water, the two
Governments shall examine the matter jointly with a view to reaching agreement
on such measures as may reasonable be required to satisfy these needs. Should
there be a temporary reduction in the amount of water available due to natural
causes, distribution of water from the abovenamed sources to the consumers in
Yugoslavia and Italy shall be reduced in proportion to their respective
previous consumption.
3. The charges to be paid by the Commune of Gorizia
to Yugoslavia for the water supplied to it, and the changes to be paid by
consumers in Yugoslav territory to the Commune of Gorizia, shall be based
solely on the cost of operation and maintenance of the water supply system as
well as new capital expenditures which may be required to give effect to these
provisions.
4. Yugoslavia and Italy shall, within one month
from the coming into force of the present Treaty, enter into an agreement to
determine their respective responsibilities under the foregoing provisions and
to establish the charges to be paid under these provisions. The two Governments
shall establish a joint commission to supervise the execution of the said
agreement.
5. Upon the expiration of a ten-year period from
the coming into force of the present Treaty, Yugoslavia and Italy shall
re-examine the foregoing provisions in the light of conditions at that time in
order to determine whether any adjustments should be made in those provisions,
and shall make such alterations and additions as they may agree. Any disputes
which may arise as a result of this re-examination shall be submitted for
settlement under the procedure outlined in Article 87 of the present Treaty. |
ANNEX VI
PERMANENT STATUTE OF THE FREE TERRITORY OF TRIESTE
(See Article 21)
Article 1
Area of Free Territory
The area of the Free Territory of Trieste shall be
the territory within the frontiers described in Articles 4 and 22 of the
present Treaty as delimited in accordance with Article 5 of the Treaty.
Article 2
Integrity and independence
The integrity and independence of the Free
Territory shall be assured by the Security Council of the United Nations
Organization. This responsibility implies that the Council shall:
(a) ensure the observance of the present Statute
and in particular the protection of the basic human rights of the inhabitants.
(b) ensure the maintenance of public order and
security in the Free Territory.
Article 3
Demilitarisation and neutrality
1. The Free Territory shall be demilitarised and
declared neutral.
2. No armed forces, except upon direction of the
Security Council, shall be allowed in the Free Territory.
3. No para-military formations, exercises or
activities shall be permitted within the Free Territory.
4. The Government of the Free Territory shall not
make or discuss any military arrangements or undertakings with any State.
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
worship, language, speech and publication, education, assembly and association.
Citizens of the Free Territory shall be assured of equality of eligibility for
public office.
Article 5
Civil and political rights
No person who has acquired the citizenship of the
Free Territory shall he deprived of his civil or political rights except as
judicial punishment for the infraction of the penal laws of the Free Territory.
Article 6
Citizenship
1. Italian citizens who were domiciled on 10 June
1940 in the area comprised within the boundaries of the Free Territory, and
their children born after that date, shall become original citizens of the Free
Territory with full civil and political rights. Upon becoming citizens of the
Free Territory they shall lose their Italian citizenship.
2. The Government of the Free Territory shall,
however, provide that the persons referred to in paragraph 1 over the age of
eighteen years (or married persons whether under or over that age) whose
customary language is Italian shall be entitled to opt for Italian citizenship
within six months from the coming into force of the Constitution under
conditions to be laid down therein. Any person so opting shall be considered to
have re-acquired Italian citizenship. The option of the husband shall not
constitute an option on the part of the wife. 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 eighteen years.
3. The Free Territory may require those who take
advantage of the option to move to Italy within a year from the date on which
the option was exercised.
4. The conditions for the acquisition of
citizenship by persons not qualifying for original citizenship shall be
determined by the Constituent Assembly of the Free Territory and embodied in
the Constitution. Such conditions shall, however, exclude the acquisition of
citizenship by members of the former Italian Fascist Police (OVRA) who have not
been exonerated by the competent authorities, including the Allied Military
Authorities who were responsible for the administration of the area.
Article 7
Official languages
The official languages of the Free Territory shall
be Italian and Slovene. The Constitution shall determine in what circumstances
Croat may be used as a third official language.
Article 8
Flag and coat-of-arms
The Free Territory shall have its own flag and
coat-of-arms. The flag shall be the traditional flag of the City of Trieste and
the arms shall be its historic coat-of-arms.
Article 9
Organs of government
For the government of the Free Territory there
shall be a Governor, a Council of Government, a popular Assembly elected by the
people of the Free Territory and a Judiciary, whose respective powers shall be
exercised in accordance with the provisions of the present Statute and of the
Constitution of the Free Territory.
Article 10
Constitution
1. The Constitution of the Free Territory shall be
established in accordance with democratic principles and adopted by a
Constituent Assembly with a two-thirds majority of the votes cast. The
Constitution shall be made to conform to the provisions of the present Statute
and shall not enter into force prior to the coming into force of the Statute.
2. If in the opinion of the Governor any provisions
of the Constitution proposed by the Constituent Assembly or any subsequent
amendments thereto are in contradiction to the Statute he may prevent their
entry into force, subject to reference to the Security Council if the Assembly
does not accept his views and recommendations.
Article 11
Appointment of the Governor
1. The Governor shall be appointed by the Security
Council after consultation with the Governments of Yugoslavia and Italy. 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.
2. The Governor may authorize a person selected by
him to act for him in the event of his temporary absence or temporary inability
to perform his duties.
3. 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 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.
Article 12
Legislative authority
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.
Article 13
Council of Government
1. Subject to the responsibilities vested in the
Governor under the present Statute, executive authority in the Free Territory
shall be exercised by a Council of Government which will be formed by the
popular Assembly and will be responsible to the Assembly.
2. The Governor shall have the right to be present
at all meetings of the Council of Government. He may express his views on all
questions affecting his responsibilities.
3. When matters affecting their responsibilities
are discussed by the Council of Government, the Director of Public Security and
the Director of the Free Port shall be invited to attend meetings of the
Council and to express their views.
Article 14
Exercise of judicial authority
The judicial authority in the Free Territory shall
be exercised by tribunals established pursuant to the Constitution and laws of
the Free Territory.
Article 15
Freedom and independence of judiciary
The Constitution of the Free Territory shall
guarantee the complete freedom and independence of the Judiciary and shall
provide for appellate jurisdiction.
Article 16
Appointment of Judiciary
1. The Governor shall appoint the Judiciary from
among candidates proposed by the Council of Government or from among other
persons, after consultation with the Council of Government, unless the
Constitution provides for a different manner for filling judicial posts; and,
subject to safeguards to be established by the Constitution, may remove members
of the Judiciary for conduct incompatible with their judicial office.
2. The popular Assembly, by a two-thirds majority
of votes cast, 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 17
Responsibility of the Governor to the Security Council
1. The Governor, as the representative of the
Security Council, shall be responsible for supervising the observance of the
present Statute including the protection of the basic human rights of the
inhabitants and for ensuring that public order and security are maintained by
the Government of the Free Territory in accordance with the present Statute,
the Constitution and laws of the Free Territory.
2. The Governor shall present to the Security
Council annual reports concerning the operation of the Statute and the
performance of his duties.
Article 18
Rights of the Assembly
The popular Assembly shall have the right to
consider and discuss any matters affecting the interests of the Free Territory.
Article 19
Enactment of legislation
1. Legislation may be initiated by members of the
popular Assembly and by the Council of Government as well as by the Governor in
matters which in his view affect the responsibilities of the Security Council
as defined in Article 2 of the present Statute.
2. 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.
3. Before being promulgated legislation enacted by
the Assembly shall be presented to the Governor.
4. If the Governor considers that such legislation
is in contradiction to the present Statute, 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 if he advises the Assembly within such period that it
calls for no comments or recommendation on his part, the legislation shall be
promulgated forthwith.
5. 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 Council on
the matter.
6. Legislation which forms the subject of a report
to the Security Council under the provisions of the preceding paragraph shall
only be promulgated by the direction of the Security Council.
Article 20
Rights of the Governor with respect to administrative measures
1. The Governor may require the Council of
Government to suspend administrative measures which in his view conflict with
his responsibilities as defined in the present Statute (observance of the
Statute; maintenance of public order and security; respect for human rights).
Should the Council of Government object, the Governor may suspend these
administrative measures and the Governor or the Council of Government may refer
the whole question to the Security Council for decision.
2. In matters affecting his responsibilities as
defined in the Statute the Governor may propose to the Council of Government
the adoption of any administrative measures. Should the Council of Government
not accept such proposals the Governor may, without prejudice to Article 22 of
the present Statute, refer the matter to the Security Council for decision.
Article 21
Budget
1. 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 popular Assembly.
2. 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.
Article 22
Special powers of the Governor
1. In order that he may carry out his
responsibilities to the Security Council under the present Statute, the
Governor may, in cases which in his opinion permit of no delay, threatening the
independence or integrity of the Free Territory, public order or respect of
human rights, directly order and require the execution of appropriate measures
subject to an immediate report thereon being made by him to the Security
Council. In such circumstances the Governor may himself assume, if he deems it
necessary, control of the security services.
2. The popular Assembly may petition the Security
Council concerning any exercise by the Governor of his powers under paragraph 1
of this Article.
Article 23
Power of pardon and reprieve
The power of pardon and reprieve shall be vested in
the Governor and shall be exercised by him in accordance with provisions to be
laid down in the Constitution.
Article 24
Foreign relations
1. The Governor shall ensure that the foreign
relations of the Free Territory shall be conducted in conformity with the
Statute, Constitution, and laws of the Free Territory. To this end the Governor
shall have authority to prevent the entry into force of treaties or agreements
affecting foreign relations which, in his judgment, conflict with the Statute,
Constitution or laws of the Free Territory.
2. Treaties and agreements, as well as exequaturs
and consular commissions, shall be signed jointly by the Governor and a
representative of the Council of Government.
3. The Free Territory may be or become a party to
international conventions or become a member of international organizations
provided the aim of such conventions or organizations is to settle economic,
technical, cultural, social or health questions.
4. Economic union or associations of an exclusive
character with any State are incompatible with the status of the Free
Territory.
5. The Free Territory of Trieste shall recognize
the full force of the Treaty of Peace with Italy, and shall give effect to the
applicable provisions of that Treaty. The Free Territory shall also recognize
the full force of the other agreements or arrangements which have been or will
be reached by the Allied and Associated Powers for the restoration of peace.
Article 25
Independence of the Governor and staff
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 except the Security Council. They shall refrain from
any act which might reflect on their position as international officials
responsible only to the Security Council.
Article 26
Appointment and removal of administrative officials
1. Appointments to public office in the Free
Territory shall be made exclusively on the ground of ability, competence and
integrity.
2. Administrative officials shall not be removed
from office except for incompetence or misconduct and such removal shall be
subject to appropriate safeguards of investigation and hearing to be
established by law.
Article 27
Director of Public Security
1. The Council of Government shall submit to the
Governor a list of candidates for the post of Director of Public Security. The
Governor shall appoint the Director from among the candidates presented to him,
or from among other persons, after consultation with the Council of Government.
He may also dismiss the Director of Public Security after consultation with the
Council of Government.
2. The Director of Public Security shall not be a
citizen of Yugoslavia or Italy.
3. The Director of Public Security shall normally
be under the immediate authority of the Council of Government from which he
will receive instructions on matters within his competence.
4. The Governor shall:
(a) receive regular reports from the Director of
Public Security, and consult with him on any matters coming within the
competence of the Director.
(b) be informed by the Council of Government of its
instructions to the Director of Public Security and may express his opinion
thereon.
Article 28
Police force
1. In order to preserve public order and security
in accordance with the Statute, the Constitution and the laws of the Free
Territory, the Government of the Free Territory shall be empowered to maintain
a police force and security services.
2. Members of the police force and security
services shall be recruited by the Director of Public Security and shall be
subject to dismissal by him.
Article 29
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 30
Monetary system
The Free Territory shall have its own monetary
system.
Article 31
Railways
Without prejudice to its proprietary rights over
the railways within its boundaries and its control of the railway
administration, the Free Territory may negotiate with Yugoslavia and Italy
agreements for the purpose of ensuring the efficient and economical operation
of its railways. Such agreements would determine where responsibility lies for
the operation of the railways in the direction of Yugoslavia or Italy
respectively and also for the operation of the railway terminal of Trieste and
of that part of the line which is common to all. In the latter case such
operation may be effected by a special commission comprised of representatives
of the Free Territory, Yugoslavia and Italy under the chairmanship of the
representative of the Free Territory.
Article 32
Commercial aviation
1. Commercial aircraft registered in the territory
of any one of the United Nations which grants on its territory the same rights
to commercial aircraft registered in the Free Territory, shall be granted
international commercial aviation rights, including the right to land for
refueling and repairs, to fly over the Free Territory without landing and to
use for traffic purposes such airports as may be designated by the competent
authorities of the Free Territory.
2. These rights shall not be subject to any
restrictions other than those imposed on a basis of non-discrimination by the
laws and regulations in force in the Free Territory and in the countries
concerned or resulting from the special character of the Free Territory as
neutral and demilitarized.
Article 33
Registration of vessels
1. 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 organisations domiciled within the Free Territory.
2. The Free Territory shall open special maritime
registers for Czechoslovak and Swiss ships and vessels upon request of these
Governments, as well as for Hungarian and Austrian ships and vessels upon the
request of these Governments after the conclusion of the Treaty of Peace with
Hungary and the treaty for the re-establishment of the independence of Austria
respectively. Ships and vessels entered in these registers shall fly the flags
of their respective countries.
3. In giving effect to the foregoing provisions,
and subject to any international convention which may be entered into
concerning these questions, with the participation of the Government of the
Free Territory, the latter shall be entitled to impose such conditions
governing the registration, retention on and removal from the registers as
shall prevent any abuses arising from the facilities thus granted. In
particular as regards ships and vessels registered under paragraph 1 above,
registration shall be limited to ships and vessels controlled from the Free
Territory and regularly serving the needs or the interests of the Free
Territory. In the case of ships and vessels registered under paragraph 2 above,
registration shall be limited to ships and vessels based on the Port of Trieste
and regularly and permanently serving the needs of their respective countries
through the Port of Trieste.
Article 34
Free port
A free port shall be established in the Free
Territory and shall be administered on the basis of the provisions of an
international instrument drawn up by the Council of Foreign Ministers, approved
by the Security Council, and annexed to the present Treaty (Annex VIII). 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.
Article 35
Freedom of transit
Freedom of transit shall, in accordance with
customary international agreements, be assured by the Free Territory and the
States whose territories are traversed to goods transported by railroad between
the Free Port and the States which it serves, without any discrimination and
without customs duties or charges other than those levied for services
rendered.
Article 36
Interpretation of Statute
Except where another procedure is specifically
provided under any Article of the present Statute, any dispute relating to the
interpretation or execution of the Statute, not resolved by direct
negotiations, shall, unless the parties mutually agree upon another means of
settlement, be referred at the request of either party to the dispute to a
Commission composed of one representative of each party and a third member
selected by mutual agreement of the two parties from nationals of a third
country. Should the two parties fail to agree within a period of one month upon
the appointment of the third member, the Secretary-General of the United
Nations may be requested by either party to make the appointment. The decision
of the majority of the members of the Commission shall be the decision of the
Commission, and shall be accepted by the parties as definitive and binding.
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 by the popular Assembly upon a vote taken by
a two-thirds majority of the votes cast.
Article 38
Coming into force of Statute
The present Statute shall come into force on a date
which shall be determined by the Security Council of the United Nations
Organisation. |
ANNEX VII
INSTRUMENT FOR THE PROVISIONAL REGIME OF THE FREE TERRITORY OF TRIESTE
(See Article 21)
The present provisions shall apply to the
administration of the Free Territory of Trieste pending the coming into force
of the Permanent Statute.
Article 1
The Governor shall assume office in the Free
Territory at the earliest possible moment after the coming into force of the
present Treaty. Pending assumption of office by the Governor, the Free
Territory shall continue to be administered by the Allied military commands
within their respective zones.
Article 2
On assuming office in the Free Territory of Trieste
the Governor shall be empowered to select from among persons domiciled in the
Free Territory and after consultation with the Governments of Yugoslavia and
Italy a Provisional Council of Government. The Governor shall have the right to
make changes in the composition of the Provisional Council of Government
whenever he deems it necessary. The Governor and the Provisional Council of
Government shall exercise their functions in the manner laid down in the
provisions of the Permanent Statute as and when these provisions prove to be
applicable and in so far as they are not superseded by the present Instrument.
Likewise all other provisions of the Permanent Statute shall be applicable
during the period of the Provisional Regime as and when these provisions prove
to be applicable and in so far as they are not superseded by the present
Instrument. The Governor's actions will be guided mainly by the needs of the
population and its well being.
Article 3
The seat of Government will be established in
Trieste. The Governor will address his reports directly to the Chairman of the
Security Council and will, through that channel, supply the Security Council
with all necessary information on the administration of the Free Territory.
Article 4
The first concern of the Governor shall be to
ensure the maintenance of public order and security. He shall appoint on a
provisional basis a Director of Public Security, who will reorganize and
administer the police force and security services.
Article 5
(a) From the coming into force of the present
Treaty, troops stationed in the Free Territory shall not exceed 5,000 men for
the United Kingdom, 5,000 men for the United States of America and 5,000 men
for Yugoslavia.
(b) These troops shall be placed at the disposal of
the Governor for a period of 90 days after his assumption of office in the Free
Territory. As from the end of that period, they will cease to be at the
disposal of the Governor and will be withdrawn from the Territory within a
further period of 45 days, unless the Governor advises the Security Council
that, in the interests of the Territory, some or all of them should not, in his
view, be withdrawn. In the latter event, the troops required by the Governor
shall remain until not later than 45 days after the Governor has advised the
Security Council that the security services can maintain internal order in the
Territory without the assistance of foreign troops.
(c) The withdrawal prescribed in paragraph (b)
shall be carried out so as to maintain, in so far as possible, the ratio
prescribed in paragraph (a) between the troops of the three Powers concerned.
Article 6
The Governor shall have the right at any time to
call upon the Commanders of such contingents for support and such support shall
be given promptly. The Governor shall, whenever possible, consult with the
Commanders concerned before issuing his instructions but shall not interfere
with the military handling of the forces in the discharge of his instructions.
Each Commander has the right to report to his Government the instructions which
he has received from the Governor, informing the Governor of the contents of
such reports. The Government concerned shall have the right to refuse the
participation of its forces in the operation in question, informing the
Security Council accordingly.
Article 7
The necessary arrangements relating to the
stationing, administration and supply of the military contingents made
available by the United Kingdom, the United States of America, and Yugoslavia
shall be settled by agreement between the Governor and the Commanders of those
contingents.
Article 8
The Governor, in consultation with the Provisional
Council of Government, shall be responsible for organizing the elections of
Members of the Constituent Assembly in accordance with the conditions provided
for in the Statute for elections to the popular Assembly.
The elections shall be held not later than four
months after the Governor's assumption of office. In case this is technically
impossible the Governor shall report to the Security Council.
Article 9
The Governor will, in consultation with the
Provisional Council of Government, prepare the provisional budget and the
provisional export and import programmes and will satisfy himself that
appropriate arrangements are made by the Provisional Council of Government for
the administration of the finances of the Free Territory.
Article 10
Existing laws and regulations shall remain valid
unless and until revoked or suspended by the Governor. The Governor shall have
the right to amend existing laws and regulations and to introduce new laws and
regulations in agreement with the majority of the Provisional Council of
Government. Such amended and new laws and regulations, as well as the acts of
the Governor in regard to the revocation or suspension of laws and regulations,
shall be valid unless and until they are amended, revoked or superseded by acts
of the popular Assembly or the Council of Government within their respective
spheres after the entry into force of the Constitution.
Article 11
Pending the establishment of a separate currency
regime for the Free Territory the Italian lira shall continue to be the legal
tender within the Free Territory. The Italian Government shall supply the
foreign exchange and currency needs of the Free Territory under conditions no
less favourable than those applying in Italy.
Italy and the Free Territory shall enter into an
agreement to give effect to the above provisions as well as to provide for any
settlement between the two Governments which may be required. |
ANNEX VIII
INSTRUMENT FOR THE FREE PORT OF TRIESTE
Article 1
1. In order to ensure that the port and transit
facilities of Trieste will be available for use on equal terms by all
international trade and by Yugoslavia, Italy and the States of Central Europe,
in such manner as is customary in other free ports of the world:
(a) There shall be a customs free port in the Free
Territory of Trieste within the limits provided for by or established in
accordance with Article 3 of the present Instrument.
(b) Goods passing through the Free Port of Trieste
shall enjoy freedom of transit as stipulated in Article 16 of the present
Instrument.
2. The international regime of the Free Port shall
be governed by the provisions of the present Instrument.
Article 2
1. The Free Port shall be established and
administered as a State corporation of the Free Territory, having all the
attributes of a juridical person and functioning in accordance with the
provisions of this Instrument.
2. All Italian state and para-statal property
within the limits of the Free Port which, according to the provisions of the
present Treaty, shall pass to the Free Territory shall be transferred, without
payment, to the Free Port.
Article 3
1. The area of the Free Port shall include the
territory and installations of the free zones of the port of Trieste within the
limits of the 1939 boundaries.
2. The establishment of special zones in the Free
Port under the exclusive jurisdiction of any State is incompatible with the
status of the Free Territory and of the Free Port.
3. In order, however, to meet the special needs of
Yugoslav and Italian shipping in the Adriatic, the Director of the Free Port,
on the request of the Yugoslav or Italian Government and with the concurring
advice of the International Commission provided for in Article 21 below, may
reserve to merchant vessels flying the flags of either of these two States the
exclusive use of berthing spaces within certain parts of the area of the Free
Port.
4. In case it shall be necessary to increase the
area of the Free Port such increase may be made upon the proposal of the
Director of the Free Port by decision of the Council of Government with the
approval of the popular Assembly.
Article 4
Unless otherwise provided for by the present
Instrument the laws and regulations in force in the Free Territory shall be
applicable to persons and property within the boundaries of the Free Port and
the authorities responsible for their application in the Free Territory shall
exercise their functions within the limits of the Free Port.
Article 5
1. Merchant vessels and goods of all countries
shall be allowed unrestricted access to the Free Port for loading and discharge
both for goods in transit and goods destined for or proceeding from the Free
Territory.
2. In connection with importation into or
exportation from or transit through the Free Port, the authorities of the Free
Territory shall not levy on such goods customs duties or charges other than
those levied for services rendered.
3. However, in respect of goods, imported through
the Free Port for consumption within the Free Territory or exported from this
Territory through the Free Port, appropriate legislation and regulations in
force in the Free Territory shall be applied.
Article 6
Warehousing, storing, examining, sorting, packing
and repacking and similar activities which have customarily been carried on in
the free zones of the port of Trieste shall be permitted in the Free Port under
the general regulations established by the Director of the Free Port.
Article 7
1. The Director of the Free Port may also permit
the processing of goods in the Free Port.
2. Manufacturing activities in the Free Port shall
be permitted to those enterprises which existed in the free zones of the port
of Trieste before the coming into force of the present Instrument. Upon the
proposal of the Director of the Free Port, the Council of Government may permit
the establishment of new manufacturing enterprises within the limits of the
Free Port.
Article 8
Inspection by the authorities of the Free Territory
shall be permitted within the Free Port to the extent necessary to enforce the
customs or other regulations of the Free Territory for the prevention of
smuggling.
Article 9
1. The authorities of the Free Territory will be
entitled to fix and levy harbour dues in the Free Port.
2. The Director of the Free Port shall fix all
charges for the use of the facilities and services of the Free Port. Such
charges shall be reasonable and be related to the cost of operation,
administration, maintenance and development of the Free Port.
Article 10
In the fixing and levying in the Free Port of
harbour dues and other charges under Article 9 above, as well as in the
provision of the services and facilities of the Free Port, there shall be no
discrimination in respect of the nationality of the vessels, the ownership of
the goods or on any other grounds.
Article 11
The passage of all persons into and out of the Free
Port area shall be subject to such regulations as the authorities of the Free
Territory shall establish. These regulations, however, shall be established in
such a manner as not unduly to impede the passage into and out of the Free Port
of nationals of any State who are engaged in any legitimate pursuit in the Free
Port area.
Article 12
The rules and bye-laws operative in the Free Port
and likewise the schedules of charges levied in the Free Port must be made
public.
Article 13
Coastwise shipping and coastwise trade within the
Free Territory shall be carried on in accordance with regulations issued by the
authorities of the Free Territory, the provisions of the present Instrument not
being deemed to impose upon such authorities any restrictions in this respect.
Article 14
Within the boundaries of the Free Port, measures
for the protection of health and measures for combating animal and plant
diseases in respect of vessels and cargoes shall be applied by the authorities
of the Free Territory.
Article 15
It shall be the duty of the authorities of the Free
Territory to provide the Free Port with water supplies, gas, electric light and
power, communications, drainage facilities and other public services and also
to ensure police and fire protection.
Article 16
1. Freedom of transit shall, in accordance with
customary international agreements, be assured by the Free Territory and the
States whose territories are traversed to goods transported by railroad between
the Free Port and the States which it serves, without any discrimination and
without customs duties or charges other than those levied for services
rendered.
2. The Free Territory and the States assuming the
obligations of the present Instrument through whose territory such traffic
passes in transit in either direction shall do all in their power to provide
the best possible facilities in all respects for the speedy and efficient
movement of such traffic at a reasonable cost, and shall not apply with respect
to the movement of goods to and from the Free Port any discriminatory measures
with respect to rates, services, customs, sanitary, police or any other
regulations.
3. The States assuming the obligations of the
present Instrument shall take no measures regarding regulations or rates which
would artificially divert traffic from the Free Port for the benefit of other
seaports. Measures taken by the Government of Yugoslavia to provide for traffic
to ports in southern Yugoslavia shall not be considered as measures designed to
divert traffic artificially.
Article 17
The Free Territory and the States assuming the
obligations of the present Instrument shall, within their respective
territories and on non-discriminatory terms, grant in accordance with customary
international agreements freedom of postal, telegraphic, and telephonic
communications between the Free Port area and any country for such
communications as originate in or are destined for the Free Port area.
Article 18
1. The administration of the Free Port shall be
carried on by the Director of the Free Port who will represent it as a
juridical person. The Council of Government shall submit to the Governor a list
of qualified candidates for the post of Director of the Free Port. The Governor
shall appoint the Director from among the candidates presented to him after
consultation with the Council of Government. In case of disagreement the matter
shall be referred to the Security Council. The Governor may also dismiss the
Director upon the recommendation of the International Commission or the Council
of Government.
2. The Director shall not be a citizen of
Yugoslavia or Italy.
3. All other employees of the Free Port will be
appointed by the Director. In all appointments of employees preference shall be
given to citizens of the Free Territory.
Article 19
Subject to the provisions of the present
Instrument, the Director of the Free Port shall take all reasonable and
necessary measures for the administration, operation, maintenance and
development of the Free Port as an efficient port adequate for the prompt
handling of all the traffic of that port. In particular, the Director shall be
responsible for the execution of all kinds of port works in the Free Port,
shall direct the operation of port installations and other port equipment,
shall establish, in accordance with legislation of the Free Territory,
conditions of labour in the Free Port, and shall also supervise the execution
in the Free Port of orders and regulations of the authorities of the Free
Territory in respect to navigation.
Article 20
1. The Director of the Free Port shall issue such
rules and bye-laws as he considers necessary in the exercise of his functions
as prescribed in the preceding Article.
2. The autonomous budget of the Free Port will be
prepared by the Director, and will be approved and applied in accordance with
legislation to be established by the popular Assembly of the Free Territory.
3. The Director of the Free Port shall submit an
annual report on the operations of the Free Port to the Governor and the
Council of Government of the Free Territory. A copy of the report shall be
transmitted to the International Commission.
Article 21
1. There shall be established an International
Commission of the Free Port, hereinafter called "the International Commission",
consisting of one representative from the Free Territory and from each of the
following States: France, the United Kingdom of Great Britain and Northern
Ireland, the Union of Soviet Socialist Republics, the United States of America,
the People's Federal Republic of Yugoslavia, Italy, Czechoslovakia, Poland,
Switzerland, Austria and Hungary, provided that such State has assumed the
obligations of the present Instrument.
2. The representative of the Free Territory shall
be the permanent Chairman of the International Commission. In the event of a
tie in voting, the vote cast by the Chairman shall be decisive.
Article 22
The International Commission shall have its seat in
the Free Port. Its offices and activities shall be exempt from local
jurisdiction. The members and officials of the International Commission shall
enjoy in the Free Territory such privileges and immunities as are necessary for
the independent exercise of their functions. The International Commission shall
decide upon its own secretariat, procedure and budget. The common expenses of
the International Commission shall be shared by member States in an equitable
manner as agreed by them through the International Commission.
Article 23
The International Commission shall have the right
to investigate and consider all matters relating to the operation, use, and
administration of the Free Port or to the technical aspects of transit between
the Free Port and the States which it serves, including unification of handling
procedures. The International Commission shall act either on its own initiative
or when such matters have been brought to its attention by any State or by the
Free Territory or by the Director of the Free Port. The International
Commission shall communicate its views or recommendations on such matters to
the State or States concerned, or to the Free Territory, or to the Director of
the Free Port. Such recommendations shall be considered and the necessary
measures shall be taken. Should the Free Territory or the State or States
concerned deem, however, that such measures would be inconsistent with the
provisions of the present Instrument, the matter may at the request of the Free
Territory or any interested State be dealt with as provided in Article 24
below.
Article 24
Any dispute relating to the interpretation or
execution of the present Instrument, not resolved by direct negotiations,
shall, unless the parties mutually agree upon another means of settlement, be
referred at the request of either party to the dispute to a Commission composed
of one representative of each party and a third member selected by mutual
agreement of the two parties from nationals of a third country. Should the two
parties fail to agree within a period of one month upon the appointment of the
third member, the Secretary-General of the United Nations may be requested by
either party to make the appointment. The decision of the majority of the
members of the Commission shall be the decision of the Commission, and shall be
accepted by the parties as definitive and binding.
Article 25
Proposals for amendments to the present Instrument
may be submitted to the Security Council by the Council of Government of the
Free Territory or by three or more States represented on the International
Commission. An amendment approved by the Security Council shall enter into
force on the date determined by the Security Council.
Article 26
For the purposes of the present Instrument a State
shall be considered as having assumed the obligations of this Instrument if it
is a party to the Treaty of Peace with Italy or has notified the Government of
the French Republic of its assumption of such obligations. |
ANNEX IX
TECHNICAL DISPOSITIONS REGARDING THE FREE TERRITORY OF TRIESTE
(See Article 21)
A. Water supply to northwestern
Istria
Yugoslavia shall continue to supply water to the
region of northwestern Istria within the
Free Territory of Trieste from the spring of San Giovanni de Pinguente through
the Quieto water supply system and from the spring of Santa Maria del Risano
through the Risano system. The water so supplied shall be in such amounts, not
substantially exceeding those amounts which have been customarily supplied to
the region, and at such rates of flow, as the Free Territory may request, but
within limits imposed by natural conditions. Yugoslavia shall maintain the
water conduits, reservoirs, pumps, purifying systems and such other works
within Yugoslav territory as may be required to fulfil this obligation.
Temporary allowance must be made in respect of the foregoing obligations on
Yugoslavia for necessary repair of war damage to water supply installations.
The Free Territory shall pay a reasonable price for the water thus supplied,
which price should represent a proportionate share, based on the quantity of
water consumed within the Free Territory, of the total cost of operation and
maintenance of the Quieto and the Risano water supply systems. Should, in the
future, additional supplies of water be required by the Free Territory,
Yugoslavia undertakes to examine the matter jointly with the authorities of the
Free Territory and by agreement to take such measures as are reasonable to meet
these requirements.
B. Electricity supplies
1. Yugoslavia and Italy shall maintain the existing
supply of electricity to the Free Territory of Trieste, furnishing to the Free
Territory such quantities of electricity at such rates of output as the latter
may require. The quantities furnished need not at first substantially exceed
those which have been customarily supplied to the area comprised in the Free
Territory, but Italy and Yugoslavia shall, on request of the Free Territory,
furnish increasing amounts as the requirements of the Free Territory grow,
provided that any increase of more than 20 percent over the amount normally
furnished to the Free Territory from the respective sources shall be the
subject of an agreement between the interested Governments.
2. The price to be charged by Yugoslavia or by
Italy and to be paid by the Free Territory for the electricity furnished to it
shall be no higher than the price charged in Yugoslavia or in Italy for the
supply of similar quantities of hydro-electricity from the same sources in
Yugoslav or Italian territory.
3. Yugoslavia, Italy and the Free Territory shall
exchange information continuously concerning the flow and storage of water and
the output of electricity in respect of stations supplying the former Italian
compartimento of Venezia Giulia, so that each of the three parties will be
in a position to determine its requirements.
4. Yugoslavia, Italy and the Free Territory shall
maintain in good and substantial condition all of the electrical plants,
transmission lines, substations and other installations which are required for
the continued supply of electricity to the former Italian compartimento
of Venezia Giulia.
5. Yugoslavia shall ensure that the existing and
any future power installations on the Isonzo (Soca) are operated so as to
provide that such supplies of water as Italy may from time to time request may
be diverted from the Isonzo (Soca) for irrigation in the region from Gorizia
southwestward to the Adriatic. Italy may not claim the right to the use of
water from the Isonzo (Soca) in greater volume or under more favourable
conditions than has been customary in the past.
6. Yugoslavia, Italy and the Free Territory shall,
through joint negotiations, adopt a mutually agreeable convention in conformity
with the foregoing provisions for the continuing operation of the electricity
system which serves the former Italian compartimento of Venezia Giulia.
A mixed commission with equal representation of the three Governments shall be
established for supervising the execution of the obligations arising under
paragraphs 1 to 5 above.
7. Upon the expiration of a ten-year period from
the coming into force of the present Treaty, Yugoslavia, Italy and the Free
Territory shall re-examine the foregoing provisions in the light of conditions
at that time in order to determine which, if any, of the foregoing obligations
are no longer required, and shall make such alterations, deletions and
additions as may be agreed upon by the parties concerned. Any disputes which
may arise as a result of this re-examination shall be submitted for settlement
under the procedure outlined in Article 87 of the present Treaty.
C. Facilities for local frontier trade
Yugoslavia and the Free Territory of Trieste, and
Italy and the Free Territory of Trieste, shall, within one month of the coming
into force of the present Treaty, undertake negotiations to provide
arrangements which shall facilitate the movement across the frontiers between
the Free Territory and the adjacent areas of Yugoslavia and Italy of foodstuffs
and other categories of commodities which have customarily moved between those
areas in local trade, provided these commodities are grown, produced or
manufactured in the respective territories. This movement may be facilitated by
appropriate measures, including the exemption of such commodities, up to agreed
quantities or values, from tariffs, customs charges, and export or import taxes
of any kind when such commodities are moving in local trade. |
ANNEX X
ECONOMIC AND FINANCIAL PROVISIONS RELATING TO THE FREE TERRITORY OF TRIESTE
1. The Free Territory of Trieste shall receive,
without payment, Italian State and para-statal property within the Free
Territory.
The following are considered as State or
para-statal property for the purposes of this Annex: movable and immovable
property of the Italian State, of local authorities and of public institutions
and publicly owned companies and associations, as well as movable and immovable
property formerly belonging to the Fascist Party or its auxiliary
organizations.
2. All transfers effected after 3 September 1943 of
Italian State and para-statal property as defined in paragraph 1 above shall be
deemed null and void. This provision shall not, however, extend to lawful acts
relating to current operations of State and para-statal agencies in so far as
they concern the sale, within normal limits, of goods ordinarily produced by
them or sold in the execution of normal commercial arrangements or in the
normal course of governmental administrative activities.
3. Submarine cables owned by the Italian State or
by Italian para-statal organisations shall fall within the provisions of
paragraph 1 so far as concerns terminal facilities and the lengths of cables
lying within territorial waters of the Free Territory.
4. Italy shall hand over to the Free Territory all
relevant archives and documents of an administrative character or historical
value concerning the Free Territory or relating to property transferred under
paragraph 1 of this Annex. The Free Territory shall hand over to Yugoslavia all
documents of the same character relating to territory ceded to Yugoslavia under
the present Treaty, and to Italy all documents of the same character which may
be in the Free Territory and which relate to Italian territory.
Yugoslavia declares herself ready to hand over to
the Free Territory all archives and documents of an administrative character
concerning and required exclusively for the administration of the Free
Territory, which are of a kind which were usually held before 3 September 1943
by the local authorities having jurisdiction over what now forms part of the
Free Territory.
5. The Free Territory shall be exempt from the
payment of the Italian public debt, but shall assume the obligations of the
Italian State towards holders who continue to reside in the Free Territory, or
who, being juridical persons, retain their siège social or principal
place of business there, in so far as these obligations correspond to that
portion of this debt which has been issued prior to 10 June 1940 and is
attributable to public works and civil administrative services of benefit to
the said Territory but not attributable directly or indirectly to military
purposes.
Full proof of the source of such holdings may be
required from the holders.
Italy and the Free Territory shall conclude
arrangements to determine the portion of the Italian public debt referred to in
this paragraph and the methods for giving effect to these provisions.
6. The future status of external obligations
secured by charges upon the property or revenues of the Free Territory shall be
governed by further agreements between the parties concerned.
7. Special arrangements shall be concluded between
Italy and the Free Territory to govern the conditions under which the
obligations of Italian public or private social insurance organizations towards
the inhabitants of the Free Territory, and a proportionate part of the reserves
accumulated by the said organizations, shall be transferred to similar
organizations in the Free Territory.
Similar arrangements shall also be concluded
between the Free Territory and Italy, and between the Free Territory and
Yugoslavia, to govern the obligations of public and private social insurance
organizations whose siège social is in the Free Territory, with regard
to policy holders or subscribers residing respectively in Italy or in territory
ceded to Yugoslavia under the present Treaty.
Similar arrangements shall also be concluded
between the Free Territory and Yugoslavia to govern the obligations of public
and private social insurance organizations whose siège social is in
territory ceded to Yugoslavia under the present Treaty, with regard to policy
holders or subscribers residing in the Free Territory.
8. Italy shall continue to be liable for the
payment of civil or military pensions earned, as of the coming into force of
the present Treaty, for service under the Italian State, municipal or other
local government authorities, by persons who under the Treaty acquire the
nationality of the Free Territory, including pension rights not yet matured.
Arrangements shall be concluded between Italy and the Free Territory providing
for the method by which this liability shall be discharged.
9. The property, rights and interests of Italian
nationals who became domiciled in the Free Territory after 10 June 1940 and of
persons who opt for Italian citizenship pursuant to the Statute of the Free
Territory of Trieste shall, provided they have been lawfully acquired, be
respected in the same measure as the property, rights and interests of
nationals of the Free Territory generally, for a period of three years from the
coming into force of the Treaty.
The property, rights and interests within the Free
Territory of other Italian nationals and also of Italian juridical persons,
provided they have been lawfully acquired, shall be subject only to such
legislation as may be enacted from time to time regarding the property of
foreign nationals and juridical persons generally.
10. Persons who opt for Italian nationality and
move to Italy shall be permitted, after the settlement of any debts or taxes
due from them in the Free Territory, to take with them their movable property
and transfer their funds, provided such property and funds were lawfully
acquired. No export or import duties shall be imposed in connection with the
moving of such property. Further, they shall be permitted to sell their movable
and immovable property under the same conditions as nationals of the Free
Territory.
The removal of property to Italy will be effected
under conditions which will not be in contradiction to the Constitution of the
Free Territory and in a manner which will be agreed upon between Italy and the
Free Territory. The conditions and the time periods of the transfer of the
funds, including the proceeds of sales, shall be determined in the same manner.
11. The property, rights and interests of former
Italian nationals, resident in the Free Territory, who become nationals of the
Free Territory under the present Treaty, existing in Italy at the coming into
force of the Treaty, shall be respected by Italy in the same measure as the
property, rights and interests of Italian nationals generally, for a period of
three years from the coming into force of the Treaty.
Such persons are authorized to effect the transfer
and the liquidation of their property, rights and interests under the same
conditions as are provided for under paragraph 10 above.
12. Companies incorporated under Italian law and
having siège social in the Free Territory, which wish to remove siège
social to Italy or Yugoslavia, shall likewise be dealt with under the
provisions of paragraph 10 above, provided that more than fifty percent of the
capital of the company is owned by persons usually resident outside the Free
Territory, or by persons who move to Italy or Yugoslavia.
13. Debts owed by persons in Italy, or in territory
ceded to Yugoslavia, to persons in the Free Territory, or by persons in the
Free Territory to persons in Italy or in territory ceded to Yugoslavia, shall
not be affected by the cession. Italy, Yugoslavia and the Free Territory
undertake to facilitate the settlement of such obligations. As used in this
paragraph, the term "persons" includes juridical persons.
14. The property in the Free Territory of any of
the United Nations and its nationals, if not already freed from Italian
measures of sequestration or control and returned to its owner, shall be
returned in the condition in which it now exists.
15. Italy shall return property unlawfully removed
after 3 September 1943 from the Free Territory to Italy. Paragraphs 2, 3, 4, 5
and 6 of Article 75 shall govern the application of this obligation except as
regards property provided for elsewhere in this Annex.
The provisions of paragraphs 1, 2, 5 and 6 of
Article 75 shall apply to the restitution by the Free Territory of property
removed from the territory of any of the United Nations during the war.
16. Italy shall return to the Free Territory in the
shortest possible time any ships in Italian possession which were owned on 3
September 1943 by natural persons resident in the Free Territory who acquire
the nationality of the Free Territory under the present Treaty, or by Italian
juridical persons having and retaining siège social in the Free
Territory, except any ships which have been the subject of a bona fide
sale.
17. Italy and the Free Territory, and Yugoslavia
and the Free Territory, shall conclude agreements providing for a just and
equitable apportionment of the property of any existing local authority whose
area is divided by any frontier settlement under the present Treaty, and for a
continuance to the inhabitants of necessary communal services not specifically
covered in other parts of the Treaty.
Similar agreements shall be concluded for a just
and equitable allocation of rolling stock and railway equipment and of dock and
harbour craft and equipment, as well as for any other outstanding economic
matters not covered by this Annex.
18. Citizens of the Free Territory shall,
notwithstanding the transfer of sovereignty and any change of nationality
consequent thereon, continue to enjoy in Italy all the rights in industrial,
literary and artistic property to which they were entitled under the
legislation in force in Italy at the time of the transfer.
The Free Territory shall recognize and give effect
to rights of industrial, literary and artistic property existing in the Free
Territory under Italian laws in force at the time of transfer, or to be
re-established or restored in accordance with Annex XV, part A of the present
Treaty. These rights shall remain in force in the Free Territory for the same
period as that for which they would have remained in force under the laws of
Italy.
19. Any dispute which may arise in giving effect to
this Annex shall be dealt with in the same manner as provided in Article 83 of
the present Treaty.
20. Paragraphs 1, 3 and 5 of Article 76; Article
77; paragraph 3 of Article 78; Article 81; Annex XV, part A; Annex XVI and
Annex XVII, part B, shall apply to the Free Territory in like manner as to
Italy. |
ANNEX XI
JOINT DECLARATION BY THE GOVERNMENTS OF THE SOVIET UNION, OF THE UNITED
KINGDOM, OF THE UNITED STATES OF AMERICA AND OF FRANCE CONCERNING ITALIAN
TERRITORIAL POSSESSIONS IN AFRICA
(See Article 23)
1. The Governments of the Union of Soviet Socialist
Republics, of the United Kingdom of Great Britain and Northern Ireland, of the
United States of America, and of France agree that they will, within one year
from the coming into force of the Treaty of Peace with Italy bearing the date
of 10 February 1947, jointly determine the final disposal of Italy's
territorial possessions in Africa, to which, in accordance with Article 23 of
the Treaty, Italy renounces all right and title.
2. The final disposal of the territories concerned
and the appropriate adjustment of their boundaries shall be made by the Four
Powers in the light of the wishes and welfare of the inhabitants and the
interests of peace and security, taking into consideration the views of other
interested Governments.
3. If with respect to any of these territories the
Four Powers are unable to agree upon their disposal within one year from the
coming into force of the Treaty of Peace with Italy, the matter shall be
referred to the General Assembly of the United Nations for a recommendation,
and the Four Powers agree to accept the recommendation and to take appropriate
measures for giving effect to it.
4. The Deputies of the Foreign Ministers shall
continue the consideration of the question of the disposal of the former
Italian Colonies with a view to submitting to the Council of Foreign Ministers
their recommendations on this matter. They shall also send out commissions of
investigation to any of the former Italian Colonies in order to supply the
Deputies with the necessary data on this question and to ascertain the views of
the local population. |
ANNEX XII
(See Article 56)
The names in this Annex are those which were used in the Italian Navy on 1 June
1946.
A. LIST OF NAVAL VESSELS TO BE RETAINED BY ITALY
MAJOR WAR VESSELS
Battleships
Andrea Doria
Caio Duilio
Cruisers
Luigi di Savoia Duca degli Abruzzi
Guiseppe Garibaldi
Raimondo Montecuccoli
Luigi Cadorna
Destroyers
Carabiniere
Granatiere
Grecale
Nicoloso da Recco
Torpedo boats
Giuseppe Cesare Abba
Aretusa
Calliope
Giacinto Carini
Cassiopea
Clio
Nicola Fabrizi
Ernesto Giovannini
Libra
Monzambano
Antonio Mosto
Orione
Orsa
Rosalino Pilo
Sagittario
Sirio
Corvettes
Ape
Baionetta
Chimera
Cormorano
Danaide
Driade
Fenice
Flora
Folaga
Gabbiano
Gru
Ibis
Minerva
Pellicano
Pomona
Scimittara
Sfinge
Sibilla
Urania
Together with one corvette to be salvaged,
completed or constructed.
MINOR WAR VESSELS
Minesweepers
R. D. Nos. 20, 32, 34, 38, 40, 41, 102, 103, 104,
105, 113, 114, 129, 131, 132, 133, 134, 148, 149, together with 16 YMS type
acquired from the United States of America.
Vedettes
VAS Nos. 201, 204, 211, 218, 222, 224, 233, 235
AUXILIARY NAVAL VESSELS
Fleet tankers
Nettuno
Lete
Water carriers
Arno
Frigido
Mincio
Ofanto
Oristano
Pescara
Po
Sesia
Simeto
Stura
Tronto
Vipacco
Tugs (large)
Abbazia
Asinara
Atlante
Capraia
Chioggia
Emilio
Gagliardo
Gorgona
Licosa
Lilibeo
Linosa
Mestre
Piombino
Porto Empedocle
Porto Fossone
Porto Pisano
Porto Rose
Porto Recanati
San Pietro
San Vito
Ventimiglia
Tugs (small)
Argentario
Astico
Cordevole
Generale Pozzi Irene
Passero
Porto Rosso
Porto Vecchio
San Bartolomeo
San Benedetto
Tagliamento
N 1
N 4
N 5
N 9
N 22
N 26
N 27
N 32
N 47
N 52
N 53
N 78
N 96
N 104
RLN 1
RLN 3
RLN 9
RLN 10
Training ship
Amerigo Vespucci
Transports
Amalia Messina
Montegrappa
Tarantola
Supply ship
Giuseppe Miraglia
Repair ship
Antonio Pacinotti (after conversion from S/M Depot
Ship)
Surveying ships
Azio (after conversion from minelayer)
Cherso
Lighthouse-service vessel
Buffoluto
Cable ship
Rampino
B. LIST OF NAVAL VESSELS TO BE PLACED AT THE DISPOSAL OF THE GOVERNMENTS OF THE
SOVIET UNION, OF THE UNITED KINGDOM, OF THE UNITED STATES OF AMERICA, AND OF
FRANCE
MAJOR WAR VESSELS
Battleships
Giulio Cesare
Italia
Vittorio Veneto
Cruisers
Emanuele Filiberto Duca d'Aosta
Pompeo Magno
Attilio Regolo
Eugenio di Savoia
Scipione Africano
Sloop
Eritrea
Destroyers
Artigliere
Fuciliere
Legionario
Mitragliere
Alfredo Oriani
Augusto Riboty
Velite
Torpedo boats
Aliseo
Animoso
Ardimentoso
Ariete
Fortunale
Indomito
Submarines
Alagi
Atropo
Dandolo
Giada
Marea
Nichelio
Platino
Vortice
MINOR WAR VESSELS
M.T.Bs
MS Nos. 11, 24, 31, 35, 52, 53, 54, 55, 61, 65, 72,
73, 74, 75.
MAS Nos. 433, 434, 510, 514, 516, 519, 520, 521, 523, 538, 540, 543, 545, 547,
562.
ME Nos. 38, 40, 41.
Minesweepers
RD Nos. 6, 16, 21, 25, 27, 28, 29.
Gunboat
Illyria
Vedettes
VAS Nos. 237, 240, 241, 245, 246, 248.
Landing craft
MZ Nos. 713, 717, 722, 726, 728, 729, 737, 744,
758, 776, 778, 780, 781, 784, 800, 831.
AUXILIARY NAVAL VESSELS
Tankers
Prometeo
Stige
Tarvisio
Urano
Water carriers
Anapo
Aterno
Basento
Bisagno
Dalmazia
Idria
Isarco
Istria
Liri
Metauro
Polcevera
Sprugola
Timavo
Tirso
Tugs (large)
Arsachena
Basiluzzo
Capo d'Istria
Carbonara
Cefalu
Ercole
Gaeta
Lampedusa
Lipari
Liscanera
Marechiaro
Mesco
Molara
Nereo
Porto Adriano
Porto Conte
Porto Quieto
Porto Torres
Porto Tricase
Procida
Promontore
Rapallo
Salvore
San Angelo
San Antioco
San Remo
Talamone
Taormina
Teulada
Tifeo
Vado
Vigoroso
Tugs (small)
Generale Valfre
Licata
Noli
Volosca
N 2
N 3
N 23
N 24
N 28
N 35
N 36
M 37
N 80
N 94
Depot ship
Anteo
Training ship
Cristoforo Colombo
Auxiliary mine-layer
Fasana
Transports
Giuseppe Messina
Montecucco
Panigaglia |
ANNEX XIII
DEFINITIONS
A. NAVAL
(See Article 59)
Standard displacement
The standard displacement of a surface vessel is
the displacement of the vessel, complete, fully manned, engined and equipped
ready for sea, including all armament and ammunition, equipment, outfit,
provisions and fresh water for crew, miscellaneous stores and implements of
every description that are intended to be carried in war, but without fuel or
reserve feed water on board.
The standard displacement is expressed in tons of
2,240 lbs. (1,016 kgs.).
War vessel
A war vessel, whatever its displacement, is:
1. A vessel specifically built or adapted as a
fighting unit for naval, amphibious or naval air warfare; or
2. A vessel which has one of the following
characteristics:
- mounts a gun with a calibre exceeding 4.7
inches (120 mm.);
- mounts more than four guns with a calibre
exceeding 3 inches (76 mm.);
- is designed or fitted to launch torpedoes or to
lay mines;
- is designed or fitted to launch self-propelled
or guided missiles;
- is designed for protection by armour plating
exceeding 1 inch (25mm.) in thickness;
- is designed or adapted primarily for operating
aircraft at sea;
- mounts more than two aircraft launching
apparatus;
- is designed for a speed greater than twenty
knots if fitted with a gun of calibre exceeding 3 inches (76 mm.).
A war vessel belonging to sub-category 1 is no
longer to be considered as such after the twentieth year since completion if
all weapons are removed.
Battleship
A battleship is a war vessel, other than an
aircraft carrier, the standard displacement of which exceeds 10,000 tons or
which carries a gun with a calibre exceeding 8 inches (203 mm.).
Aircraft carrier
An aircraft carrier is a war vessel, whatever her
displacement, designed or adapted primarily for the purpose of carrying and
operating aircraft.
Submarine
A submarine is a vessel designed to operate below
the surface of the sea.
Specialised types of assault craft
- All types of craft specially designed or adapted
for amphibious operations.
- All types of small craft specially designed or
adapted to carry an explosive or incendiary charge for attacks on ships or
harbours.
Motor torpedo boat
A vessel of a displacement less than 200 tons,
capable of a speed of over 25 knots and of operating torpedoes.
B. MILITARY, MILITARY AIR AND NAVAL TRAINING
(See Articles 60, 63 and 65)
1. Military training is defined as: the study of
and practice in the use of war material specially designed or adapted for army
purposes, and training devices relative thereto; the study and carrying out of
all drill or movements which teach or practice evolutions performed by fighting
forces in battle; and the organised study of tactics, strategy and staff work.
2. Military air training is defined as: the study
of and practice in the use of war material specially designed or adapted for
air force purposes, and training devices relative thereto; the study and
practice of all specialised evolutions, including formation flying, performed
by aircraft in the accomplishment of an air force mission; and the organised
study of air tactics, strategy and staff work.
3. Naval training is defined as: the study,
administration or practice in the use of warships or naval establishments as
well as the study or employment of all apparatus and training devices relative
thereto, which are used in the prosecution of naval warfare, except for those
which are also normally used for civilian purposes; also the teaching, practice
or organised study of naval tactics, strategy and staff work including the
execution of all operations and manoeuvres not required in the peaceful
employment of ships.
C. DEFINITION AND LIST OF WAR MATERIAL
(See Article 67)
The term "war material" as used in the present
Treaty shall include all arms, ammunition and implements specially designed or
adapted for use in war as listed below.
The Allied and Associated Powers reserve the right
to amend the list periodically by modification or addition in the light of
subsequent scientific development.
Category I
1. Military rifles, carbines, revolvers and
pistols; barrels for these weapons and other spare parts not readily adaptable
for civilian use.
2. Machine guns, military automatic or autoloading
rifles, and machine pistols; barrels for these weapons and other spare parts
not readily adaptable for civilian use; machine gun mounts.
3. Guns, howitzers, mortars, cannon special to
aircraft, breechless or recoil-less guns and flamethrowers; barrels and other
spare parts not readily adaptable for civilian use; carriages and mountings for
the foregoing.
4. Rocket projectors; launching and control
mechanisms for self-propelling and guided missiles; mountings for same.
5. Self-propelling and guided missiles,
projectiles, rockets, fixed ammunition and cartridges, filled or unfilled, for
the arms listed in sub-paragraphs 1-4 above and fuses, tubes or contrivances to
explode or operate them. Fuses required for civilian use are not included.
6. Grenades, bombs, torpedoes, mines, depth charges
and incendiary materials or charges, filled or unfilled; all means for
exploding or operating them. Fuses required for civilian use are not included.
7. Bayonets.
Category II
1. Armoured fighting vehicles; armoured trains, not
technically convertible to civilian use.
2. Mechanical and self-propelled carriages for any
of the weapons listed in Category I; special type military chassis or bodies
other than those enumerated in sub-paragraph 1 above.
3. Armour plate, greater than three inches in
thickness, used for protective purposes in warfare.
Category III
1. Aiming and computing devices, including
predictors and plotting apparatus, for fire control; direction of fire
instruments; gun sights; bomb sights; fuse setters; equipment for the
calibration of guns and fire control instruments.
2. Assault bridging, assault boats and storm boats.
3. Deceptive warfare, dazzle and decoy devices.
4. Personal war equipment of a specialised nature
not readily adaptable to civilian use.
Category IV
1. Warships of all kinds, including converted
vessels and craft designed or intended for their attendance or support, which
cannot be technically reconverted to civilian use, as well as weapons, armour,
ammunition, aircraft and all other equipment, material, machines and
installations not used in peace time on ships other than warships.
2. Landing craft and amphibious vehicles or
equipment of any kind; assault boats or devices of any type as well as
catapults or other apparatus for launching or throwing aircraft, rockets,
propelled weapons or any other missile, instrument or device whether manned or
unmanned, guided or uncontrolled.
3. Submersible or semi-submersible ships, craft,
weapons, devices, or apparatus of any kind, including specially designed
harbour defence booms, except as required by salvage, rescue or other civilian
uses, as well as all equipment, accessories, spare parts, experimental or
training aids, instruments or installations as may be specially designed for
the construction, testing, maintenance or housing of the same.
Category V
1. Aircraft, assembled or unassembled, both heavier
and lighter than air, which are designed or adapted for aerial combat by the
use of machine guns, rocket projectors or artillery, or for the carrying and
dropping of bombs, or which are equipped with, or which by reason of their
design or construction are prepared for, any of the appliances referred to in
sub-paragraph 2 below.
2. Aerial gun mounts and frames, bomb racks,
torpedo carriers and bomb release or torpedo release mechanisms; gun turrets
and blisters.
3. Equipment specially designed for and used solely
by airborne troops.
4. Catapults or launching apparatus for ship-borne,
land- or sea-based aircraft; apparatus for launching aircraft weapons.
5. Barrage balloons.
Category VI
Asphyxiating, lethal, toxic or incapacitating
substances intended for war purposes, or manufactured in excess of civilian
requirements.
Category VII
Propellants, explosives, pyrotechnics or liquefied
gases destined for the propulsion, explosion, charging or filling of, or for
use in connection with, the war material in the present categories, not capable
of civilian use or manufactured in excess of civilian requirements.
Category VIII
Factory and tool equipment specially designed for
the production and maintenance of the material enumerated above and not
technically convertible to civilian use.
D. DEFINITION OF THE TERMS "DEMILITARISATION" AND "DEMILITARISED"
(See Articles 11, 14, 49 and Article 3 of Annex VI)
For the purpose of the present Treaty the terms
"demilitarisation" and "demilitarised" shall be deemed to prohibit, in the
territory and territorial waters concerned, all naval, military and military
air installations, fortifications and their armaments; artificial military,
naval and air obstacles; the basing or the permanent or temporary stationing of
military, naval and military air units; military training in any form; and the
production of war material. This does not prohibit internal security personnel
restricted in number to meeting tasks of an internal character and equipped
with weapons which can be carried and operated by one person, and the necessary
military training of such personnel. |
ANNEX XIV
ECONOMIC AND FINANCIAL PROVISIONS RELATING TO CEDED TERRITORIES
1. The Successor State shall receive, without
payment, Italian State and para-statal property within territory ceded to it
under the present Treaty, as well as all relevant archives and documents of an
administrative character or historical value concerning the territory in
question, or relating to property transferred under this paragraph.
The following are considered as State or
para-statal property for the purposes of this Annex: movable and immovable
property of the Italian State of local authorities and of public institutions
and publicly owned companies and associations, as well as movable and immovable
property formerly belonging to the Fascist Party or its auxiliary
organizations.
2. All transfers effected after 3 September 1943 of
Italian State and para-statal property as defined in paragraph 1 above shall be
deemed null and void. This provision shall not, however, extend to lawful acts
relating to current operations of State and para-statal agencies in so far as
they concern the sale, within normal limits, of goods ordinarily produced or
sold by them in the execution of normal commercial arrangements or in the
normal course of governmental administrative activities.
3. Italian submarine cables connecting points in
ceded territory, or connecting a point in ceded territory with a point in other
territory of the Successor State, shall be deemed to be Italian property in the
ceded territory, despite the fact that lengths of these cables may lie outside
territorial waters. Italian submarine cables connecting a point in ceded
territory with a point outside the jurisdiction of the Successor State shall be
deemed to be Italian property in ceded territory so far as concerns the
terminal facilities and the lengths of cables lying within territorial waters
of the ceded territory.
4. The Italian Government shall transfer to the
Successor State all objects of artistic, historical or archaeological value
belonging to the cultural heritage of the ceded territory, which, while that
territory was under Italian control were removed therefrom without payment and
are held by the Italian Government or by Italian public institutions.
5. The Successor State shall make arrangements for
the conversion into its own currency of Italian currency held within the ceded
territory by persons continuing to reside in the said territory or by juridical
persons continuing to carry on business there. Full proof of the source of the
funds to be converted may be required from their holders.
6. The Government of the Successor State shall be
exempt from the payment of the Italian public debt, but will assume the
obligations of the Italian State towards holders who continue to reside in the
ceded territory, or who, being juridical persons, retain their siège social
or principal place of business there, in so far as these obligations correspond
to that portion of this debt which has been issued prior to 10 June 1940 and is
attributable to public works and civil administrative services of benefit to
the said territory but not attributable directly or indirectly to military
purposes.
Full proof of the source of such holdings may be
required from the holders.
The Successor State and Italy shall conclude
arrangements to determine the portion of the Italian public debt referred to in
this paragraph and the methods for giving effect to these provisions.
7. Special arrangements shall be concluded between
the Successor State and Italy to govern the conditions under which the
obligations of Italian public or private social insurance organizations towards
the inhabitants of the ceded territory, and a proportionate part of the
reserves accumulated by the said organizations, shall be transferred to similar
organizations in the Successor State.
Similar arrangements shall also be concluded
between the Successor State and Italy to govern the obligations of public and
private social insurance organizations whose siège social is in the
ceded territory, with regard to policy holders or subscribers residing in
Italy.
8. Italy shall continue to be liable for the
payment of civil or military pensions earned, as of the coming into force of
the present Treaty, for service under the Italian State, municipal or other
local government authorities, by persons who under the Treaty acquire the
nationality of the Successor State, including pension rights not yet matured.
Arrangements shall be concluded between the Successor State and Italy providing
for the method by which this liability shall be discharged.
9. The property, rights and interests of Italian
nationals permanently resident in the ceded territories at the coming into
force of the present Treaty shall, provided they have been lawfully acquired,
be respected on a basis of equality with the rights of nationals of the
Successor State.
The property, rights and interests within the ceded
territories of other Italian nationals and also of Italian juridical persons,
provided they have been lawfully acquired, shall be subject only to such
legislation as may be enacted from time to time regarding the property of
foreign nationals and juridical persons generally.
Such property, rights and interests shall not be
subject to retention or liquidation under the provisions of Article 79 of the
present Treaty, but shall be restored to their owners freed from any measures
of this kind and from any other measure of transfer, compulsory administration
or sequestration taken between 3 September 1943 and the coming into force of
the present Treaty.
10. Persons who opt for Italian nationality and
move to Italy shall be permitted, after the settlement of any debts or taxes
due from them in ceded territory, to take with them their movable property and
transfer their funds, provided such property and funds were lawfully acquired.
No export or import duties will be imposed in connection with the moving of
such property. Further, they shall be permitted to sell their movable and
immovable property under the same conditions as nationals of the Successor
State.
The removal of property to Italy will be effected
under conditions and within the limits agreed upon between the Successor State
and Italy. The conditions and the time periods of the transfer of the funds,
including the proceeds of sales, shall likewise be agreed.
11. The property, rights and interests of former
Italian nationals, resident in the ceded territories, who become nationals of
another State under the present Treaty, existing in Italy at the coming into
force of the Treaty, shall be respected by Italy in the same measure as the
property, rights and interests of United Nations nationals generally.
Such persons are authorized to effect the transfer
and the liquidation of their property, rights and interests under the same
conditions as may be established under paragraph 10 above.
12. Companies incorporated under Italian law and
having siège social in the ceded territory, which wish to remove
siège social to Italy, shall likewise be dealt with under the provisions of
paragraph 10 above, provided that more than fifty percent of the capital of the
company is owned by persons usually resident outside the ceded territory, or by
persons who opt for Italian nationality under the present Treaty and who move
to Italy, and provided also that the greater part of the activity of the
company is carried on outside the ceded territory.
13. Debts owed by persons in Italy to persons in
the ceded territory or by persons in the ceded territory to persons in Italy
shall not be affected by the cession. Italy and the Successor State undertake
to facilitate the settlement of such obligations. As used in this paragraph,
the term "persons" includes juridical persons.
14. The property in ceded territory of any of the
United Nations and its nationals, if not already freed from Italian measures of
sequestration or control and returned to its owner, shall be returned in the
condition in which it now exists.
15. The Italian Government recognizes that the
Brioni Agreement of 10 August 1942 is null and void. It undertakes to
participate with the other signatories of the Rome Agreement of 29 March 1923 [21]
in any negotiations having the purpose of introducing into its provisions the
modifications necessary to ensure the equitable settlement of the annuities
which it provides.
16. Italy shall return property unlawfully removed
after 3 September 1943 from ceded territory to Italy. Paragraphs 2, 3, 4, 5 and
6 of Article 75 shall govern the application of this obligation except as
regards property provided for elsewhere in this Annex.
17. Italy shall return to the Successor State in
the shortest possible time any ships in Italian possession which were owned on
3 September 1943 by natural persons resident in ceded territory who acquire the
nationality of the Successor State under the present Treaty, or by Italian
juridical persons having and retaining siège social in ceded territory,
except any ships which have been the subject of a bona fide sale.
18. Italy and the Successor States shall conclude
agreements providing for a just and equitable apportionment of the property of
any existing local authorities whose area is divided by any frontier settlement
under the present Treaty, and for a continuance to the inhabitants of necessary
communal services not specifically covered in other parts of the Treaty.
Similar agreements shall be concluded for a just
and equitable allocation of rolling stock and railway equipment and of dock and
harbour craft and equipment as well as for any other outstanding economic
matters not covered by this Annex.
19. The provisions of this Annex shall not apply to
the former Italian Colonies. The economic and financial provisions to be
applied therein will form part of the arrangements for the final disposal of
these territories pursuant to Article 23 of the present Treaty. |
ANNEX XV
SPECIAL PROVISIONS RELATING TO CERTAIN KINDS OF PROPERTY
A. INDUSTRIAL, LITERARY AND ARTISTIC PROPERTY
1. (a) A period of one year from the coming into
force of the present Treaty shall be accorded to the Allied and Associated
Powers and their nationals without extension fees or other penalty of any sort
in order to enable them to accomplish all necessary acts for the obtaining or
preserving in Italy of rights in industrial, literary and artistic property
which were not capable of accomplishment owing to the existence of a state of
war.
(b) Allied and Associated Powers or their nationals
who had duly applied in the territory of any Allied or Associated Power for a
patent or registration of a utility model not earlier than twelve months before
the outbreak of the war with Italy or during the war, or for the registration
of an industrial design or model or trade mark not earlier than six months
before the outbreak of the war with Italy or during the war, shall be entitled
within twelve months after the coming into force of the present Treaty to apply
for corresponding rights in Italy, with a right of priority based upon the
previous filing of the application in the territory of that Allied or
Associated Power.
(c) Each of the Allied and Associated Powers and
its nationals shall be accorded a period of one year from the coming into force
of the present Treaty during which they may institute proceedings in Italy
against those natural or juridical persons who are alleged illegally to have
infringed their rights in industrial, literary or artistic property between the
date of the outbreak of the war and the coming into force of the present
Treaty.
2. A period from the outbreak of the war until a
date eighteen months after the coming into force of the present Treaty shall be
excluded in determining the time within which a patent must be worked or a
design or trade mark used.
3. The period from the outbreak of the war until
the coming into force of the present Treaty shall be excluded from the normal
term of rights in industrial, literary and artistic property which were in
force in Italy at the outbreak of the war or which are recognised or
established under part A of this Annex, and belong to any of the Allied and
Associated Powers or their nationals. Consequently, the normal duration of such
rights shall be deemed to be automatically extended in Italy for a further term
corresponding to the period so excluded.
4. The foregoing provisions concerning the rights
in Italy of the Allied and Associated Powers and their nationals shall apply
equally to the rights in the territories of the Allied and Associated Powers of
Italy and its nationals. Nothing, however, in these provisions shall entitle
Italy or its nationals to more favourable treatment in the territory of any of
the Allied and Associated Powers than is accorded by such Power in like cases
to other United Nations or their nationals, nor shall Italy be required thereby
to accord to any of the Allied and Associated Powers or its nationals more
favourable treatment than Italy or its nationals receive in the territory of
such Power in regard to the matters dealt with in the foregoing provisions.
5. Third parties in the territories of any of the
Allied and Associated Powers or Italy who, before the coming into force of the
present Treaty, had bona fide acquired industrial, literary or artistic
property rights conflicting with rights restored under part A of this Annex or
with rights obtained with the priority provided thereunder, or had bona fide
manufactured, published, reproduced, used or sold the subject matter of such
rights, shall be permitted, without any liability for infringement, to continue
to exercise such rights and to continue or to resume such manufacture,
publication, reproduction, use or sale which had been bona fide acquired
or commenced. In Italy, such permission shall take the form of a non-exclusive
licence granted on terms and conditions to be mutually agreed by the parties
thereto or, in default of agreement, to be fixed by the Conciliation Commission
established under Article 83 of the present Treaty. In the territories of each
of the Allied and Associated Powers, however, bona fide third parties
shall receive such protection as is accorded under similar circumstances to
bona fide third parties whose rights are in conflict with those of the
nationals of other Allied and Associated Powers.
6. Nothing in part A of this Annex shall be
construed to entitle Italy or its nationals to any patent or utility model
rights in the territory of any of the Allied and Associated Powers with respect
to inventions, relating to any article listed by name in the definition of war
material contained in Annex XIII of the present Treaty, made, or upon which
applications were filed, by Italy, or any of its nationals, in Italy or in the
territory of any other of the Axis Powers, or in any territory occupied by the
Axis forces, during the time when such territory was under the control of the
forces or authorities of the Axis Powers.
7. Italy shall likewise extend the benefits of the
foregoing provisions of this Annex to United Nations, other than Allied or
Associated Powers, whose diplomatic relations with Italy have been broken off
during the war and which undertake to extend to Italy the benefits accorded to
Italy under the said provisions.
8. Nothing in part A of this Annex shall be
understood to conflict with Articles 78, 79 and 81 of the present Treaty.
B. INSURANCE
1. No obstacles, other than any applicable to
insurers generally, shall be placed in the way of the resumption by insurers
who are United Nations nationals of their former portfolios of business.
2. Should an insurer, who is a national of any the
United Nations, wish to resume his professional activities in Italy, and should
the value of the guarantee deposits or reserves required to be held as a
condition of carrying on business in Italy be found to have decreased as a
result of the loss or depreciation of the securities which constituted such
deposits or reserves, the Italian Government undertakes to accept, for a period
of eighteen months, such securities as still remain as fulfilling any legal
requirements in respect of deposits and reserves. |
ANNEX XVI
CONTRACTS, PRESCRIPTION AND NEGOTIABLE INSTRUMENTS
A. CONTRACTS
1. Any contract which required for its execution
intercourse between any of the parties thereto having become enemies as defined
in part D of this Annex, shall, subject to the exceptions set out in paragraphs
2 and 3 below, be deemed to have been dissolved as from the time when any of
the parties thereto became enemies. Such dissolution, however, is without
prejudice to the provisions of Article 81 of the present Treaty, nor shall it
relieve any party to the contract from the obligation to repay amounts received
as advances or as payments on account and in respect of which such party has
not rendered performance in return.
2. Notwithstanding the provisions of paragraph 1
above, there shall be excepted from dissolution and, without prejudice to the
rights contained in Article 79 of the present Treaty, there shall remain in
force such parts of any contract as are severable and did not require for their
execution intercourse between any of the parties thereto, having become enemies
as defined in part D of this Annex. Where the provisions of any contract are
not so severable, the contract shall be deemed to have been dissolved in its
entirety. The foregoing shall be subject to the application of domestic laws,
orders or regulations made by any of the Allied and Associated Powers having
jurisdiction over the contract or over any of the parties thereto and shall be
subject to the terms of the contract.
3. Nothing in part A of this Annex shall be deemed
to invalidate transactions lawfully carried out in accordance with a contract
between enemies if they have been carried out with the authorization of the
Government of one of the Allied and Associated Powers.
4. Notwithstanding the foregoing provisions,
contracts of insurance and reinsurance shall be subject to separate agreements
between the Government of the Allied or Associated Power concerned and the
Government of Italy.
B. PERIODS OF PRESCRIPTION
1. All periods of prescription or limitation of
right of action or of the right to take conservatory measures in respect of
relations affecting persons or property, involving United Nations nationals and
Italian nationals who, by reason of the state of war, were unable to take
judicial action or to comply with the formalities necessary to safeguard their
rights, irrespective of whether these periods commenced before or after the
outbreak of war, shall be regarded as having been suspended, for the duration
of the war, in Italian territory on the one hand, and on the other hand in the
territory of those United Nations which grant to Italy, on a reciprocal basis,
the benefit of the provisions of this paragraph. These periods shall begin to
run again on the coming into force of the present Treaty. The provisions of
this paragraph shall be applicable in regard to the periods fixed for the
presentation of interest or dividend coupons or for the presentation for
payment of securities drawn for repayment or repayable on any other ground.
2. Where, on account of failure to perform any act
or to comply with any formality during the war, measures of execution have been
taken in Italian territory to the prejudice of a national of one of the United
Nations, the Italian Government shall restore the rights which have been
detrimentally affected. If such restoration is impossible or would be
inequitable, the Italian Government shall provide that the United Nations
national shall be afforded such relief as may be just and equitable in the
circumstances.
C. NEGOTIABLE INSTRUMENTS
1. As between enemies, no negotiable instrument
made before the war shall be deemed to have become invalid by reason only of
failure within the required time to present the instrument for acceptance or
payment, or to give notice of non-acceptance or non-payment to drawers or
endorsers, or to protest the instrument, nor by reason of failure to complete
any formality during the war.
2. Where the period within which a negotiable
instrument should have been presented for acceptance or for payment, or within
which notice of non-acceptance or non-payment should have been given to the
drawer or endorser, or within which the instrument should have been protested,
has elapsed during the war, and the party who should have presented or
protested the instrument or have given notice of non-acceptance or non-payment
has failed to do so during the war, a period of not less than three months from
the coming into force of the present Treaty shall be allowed within which
presentation, notice of non-acceptance or non-payment, or protest may be made.
3. If a person has, either before or during the
war, incurred obligations under a negotiable instrument in consequence of an
undertaking given to him by a person who has subsequently become an enemy, the
latter shall remain liable to indemnify the former in respect of these
obligations, notwithstanding the outbreak of war
D. SPECIAL PROVISIONS
1. For the purposes of this Annex, natural or
juridical persons shall be regarded as enemies from the date when trading
between them shall have become unlawful under laws, orders or regulations to
which such persons or the contracts were subject.
2. Having regard to the legal system of the United
States of America, the provisions of this Annex shall not apply as between the
United States of America and Italy. |
ANNEX XVII
PRIZE COURTS AND JUDGMENTS
A. PRIZE COURTS
Each of the Allied and Associated Powers reserves
the right to examine, according to a procedure to be established by it, all
decisions and orders of the Italian Prize Courts in cases involving ownership
rights of its nationals, and to recommend to the Italian Government that
revision shall be undertaken of such of those decisions or orders as may not be
in conformity with international law.
The Italian Government undertakes to supply copies
of all documents comprising the records of these cases, including the decisions
taken and orders issued, and to accept all recommendations made as a result of
the examination of the said cases, and to give effect to such recommendations.
B. JUDGMENTS
The Italian Government shall take the necessary
measures to enable nationals of any of the United Nations at any time within
one year from the coming into force of the present Treaty to submit to the
appropriate Italian authorities for review any judgment given by an Italian
court between 10 June 1940 and the coming into force of the present Treaty in
any proceeding in which the United Nations national was unable to make adequate
presentation of his case either as plaintiff or defendant. The Italian
Government shall provide that, where the United Nations national has suffered
injury by reason of any such judgment, he shall be restored in the position in
which he was before the judgment was given or shall be afforded such relief as
may be just and equitable in the circumstances. The term "United Nations
nationals" includes corporations or associations organised or constituted under
the laws of any of the United Nations.
|
[Notes]
- Cmd. 6693.
- UKTS 1919 No. 11 (Cmd. 490).
- UKTS 1920 No. 10 (Cmd. 896).
- Cmd. 6678.
- UKTS 1923 No. 16 (Cmd. 1929).
- UKTS 1923 No. 16 (Cmd. 1929).
- The Treaty was signed for Australia 10 February 1947. Instrument of
ratification deposited for Australia 9 July 1948.
- The Treaty entered into force generally 15 September 1947.
- The Treaty entered into force for Australia 9 July 1948.
- Printed ATS text showed date, in error, as 29 May 1923.
Source:
- Australian Legal Information Institute
- World II Treaties, Treaties and International Agreements -
Australian Treaty Series 1948 -
Treaty of Peace with Italy ATS2 -
https://www.austlii.edu.au/au/other/dfat/treaties/1948/2.html
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