1947 Paris Peace Treaty
TREATY OF PEACE WITH ITALY
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.
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.
Article 35
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
A. Frontiers of Italy (Article 1).
B. Franco-Italian Frontier (Article 2).
C. Yugoslav-Italian Frontier (Article 3).
D. Frontiers of the Free Territory of Trieste (Articles 4 and 22).
E. 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:
(a) mounts a gun with a calibre exceeding 4.7 inches (120 mm.);
(b) mounts more than four guns with a calibre exceeding 3 inches (76 mm.);
(c) is designed or fitted to launch torpedoes or to lay mines;
(d) is designed or fitted to launch self-propelled or guided missiles;
(e) is designed for protection by armour plating exceeding 1 inch (25mm.) in thickness;
(f) is designed or adapted primarily for operating aircraft at sea;
(g) mounts more than two aircraft launching apparatus;
(h) 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
1. All types of craft specially designed or adapted for amphibious operations.
2. 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.