ALLIED MILITARY GOVERNMENT BRITISH - UNITED STATES ZONE FREE TERRITORY OF TRIESTE OFFICIAL GAZETTE VOLUME V No. 4-11 February 1952 Published by the A. M. G. F. T. T. under the Authority of the Commander British - United States Forces Free Territory of Trieste. La Editorial« Libraria S. p. Am Trieste - 1952 ALLIED MILITARY GOVERNMENT British - United States Zone-Free Territory of Trieste Order No. 21 DETERMINATION OF THE CONTRIBUTION DUE TO THE „ENTE NAZIONALE DI PREVIDENZA ED ASSISTENZA PER I LAVORATORI DELLO SPETTACOLO “ WHEREAS it is deemed necessary to change the rate of the contribution due for sickness insurance as contemplated under Article VII of Order No. 114, dated 9 June 1950, in that part of the Free Territory of Trieste administered by the British- United States Forces ; NOW, THEREFORE, I, JOHN L. ‘WHITELAW, Brigadier General U. S. Army, Director General, Civil Affairs, ORDER: ARTICLE I The contribution contemplated under Article VII of Order No. 114, dated 9 June 1950, for sickness insurance of entertainment workers („lavoratori dello spettacolo“), shall be determined : a) at the rate of 5,50% of the daily gross earnings for those workers who, in case of sickness, are entitled to the pertinent indemnity by the „Ente nazionale di previdenza ed assistenza per i lavoratori dello spettacolo“ ; b) at the rate of 4% of the daily gross earnings for those workers who, in case of sickness, are not entitled to the aforesaid indemnity. ARTICLE II The maximum amount of the daily earnings on which calculation of the contribution is made, as contemplated under the foregoing Article, is hereby fixed at 3,200,— Lire. ARTICLE III This Order shall become effective on the date of its publication in the Official Gazette. Dated at TRIESTE, this 29th day of January 1952. JOHN L. WHITELAW Brigadier General U. S. Army Ref. : LD¡A¡52¡9 Director General, Civil Affairs WHEREAS it is deemed advisable in the interests of the administration of Justice in that part of the F.T.T. administered by the British-United States Forces (hereinafter called the Zone) to make provisions for the extinction of the offence in cases of suspended sentence and the rehabilitation of persons convicted by the Allied Military Courts, NOW, THEREFORE, I, JOHN L. WHITELAW, Brigadier General, U. S. Army, Director General, Civil Affairs, ORDER: ARTICLE I EXTINCTION OF THE OFFENCE In all cases where a judgement of an Allied Military Court has suspended the execution of a sentence of not more than 1 year for any fixed or indefinite period, provided that within the fixed period, or within 5 years of the date of the judgement in cases where the suspension was for an indefinite period, the convicted person has not committed a crime, or contravention of a similar nature, and has fulfilled any obligations imposed on him by the Court, the offence shall be extinguished. In such cases the execution of the punishment shall not take place and the execution of any accessory punishment or conditions shall cease. ARTICLE II REHABILITATION Rehabilitation shall be granted in all cases where a period of five years has elapsed from the date when a sentence of an Allied Military Court has been served or has in any other way been extinguished, provided that the convicted person has not been convicted of any other offence before or after the said conviction of the Allied Military Court and has been of good conduct during such period. ARTICLE III DECLARATION OF EXTINCTION OF THE OFFENCE The President of the Allied Military Court shall, either on written application of the convicted person or ex officio, make a declaration in Writing extinguishing the offence in all cases where there has been compliance with the conditions specified in Art. I hereof. The declaration shall specify the reasons for the extinction of the offence and shall be filed with the record of trial of the convicted person before the Allied Court. Copies of the declaration may be supplied to the convicted person on request. APPLICATIONS FOR A DECLARATION OF REHABILITATION a) Ail applications for rehabilitation in accordance with Art. II hereof, shall be made in writing to the President of the Allied Military Court and shall be accompanied by such documents as are necessary to show that the convicted person is not in a condition which would prevent him from being entitled to rehabilitation. b) In all cases where the application is granted, the President of the Allied Military Court shall make a declaration in writing to this effect which shall be filed with the record of trial of the convicted person before the Allied Court. Copies of the declaration may be issued to the person rehabilitated, on request. ARTICLE V REVOCATION OF REHABILITATION The rehabilitation granted by Art. IV hereof shall be revoked ipso jure if the rehabilitated person within 5 years of the date of the declaration, commits a crime in respect of which he is sentenced to a term of imprisonment of not less than 3 years. The revocation shall be pronounced by the Judge of the Allied Military Court which pronounces the sentence in consequence of which rehabilitation must be revoked or by the President of the Allied Military Courts if such sentence is pronounced by a Court other than the Allied Military Court. ARTICLE VI FINALITY OF DECISION The decisions of the President of the Allied Military Court in granting or denying extinction of the offence under Art. I or rehabilitation under Art. II hereof shall be final. No new application for rehabilitation shall be considered until a further period of 5 years has elapsed, unless the denial is caused by the lack of, or irregularity in, any document presented With the application, in which case a new application can be made at any time. " ARTICLE VII ADMINISTRATIVE INSTRUCTIONS The Director of Legal Affairs shall, from time to time, issue such administrative instructions as are necessary to ijnplement the execution of the provisions of this Order. ARTICLE VIII EFFECTIVE DATE This Order shall become effective on the date it is signed by me. Dated at TRIESTE this 29th day of January 1952. JOHN L. WHITELAW Brigadier General U. S. Army Ref. : LDIA/5219 Director General, Civil Affairs WHEREAS it is deemed necessary to issue provisions governing the transport of meat by means of motor-vehicles, in that part of the Free Territory of Trieste administered by the British--United States Forces, NOW, THEREFORE, I, JOHN L. WHIT EL AW, Brigadier General U. S. Army, Director General, Civil Affairs, ORDER: ARTICLE I Any one intending to carry out, by means of motor-vehicles, the transport of fresh or frozen slaughtered meat shall obtain the relative authorization from the Zone President, to whom application must be submitted with following indications : a) personal particulars and domicile of the applicant ; b) location of the automobile-garage ; c) the factory-make, type and registration plate of the motor-vehicle. ARTICLE II Motor-vehicles destined for the transport referred to in the foregoing Article shall be of the „van type“, with fully closable doors furnished with locks, and shall fulfil the following requisites : a) side structures, floors and ceiling internally covered with bars rustless metal sheets well fixed one to another, rounded inside corners and arrises ; b) floor built in such a way as to allow for the pooling of any possible liquids into an appropriate water-tight metal container placed under the floor and easily removable for cleaning ; c) bare rustless metal hooks placed at such a height as halves and quarters of carcasses hung thereon will not touch the floor. (vi- • 1 ARTICLE III The garages referred to in Article I, letter b), shall be located in hygienically fit places, have washable walls and floors and be furnished with the equipment necessary for the cleaning, washing and disinfecting of motor-vehicles. No other motor-vehicles or goods imcompatible with meat transportation service shall be brought inside said garage. The Zone President’s authorization shall be subject, besides to the ascertainments within the competence of the other Administrations, to the Provincial Veterinary’s ascertainments and opinion wherefrom it shall appear that both the motor-vehicle and the relative garage meet the sanitary requisites required. Said authorization shall be valid for one year from the date of its issue. An appropriate register shall be kept at the Office of the Zone. President in charge of the Provincial Veterinary wherein there shall be reported all the details set forth in Article I hereof as well as the date of issue of the relative authorization and all the variations which might possibly take place-. An up-to-date list of the authorized firms and of their residences, furnished with all the elements necessary for the identification of the motor-vehicle and for locating the garage shall be forwarded every half- year, in four copies, to the Department of Interior, Allied Military Government. ARTICLE V The burden relative to the ascertainments required shall rest on the parties concerned. ARTICLE VI In each garage there shall be kept an up-to-date register wherein the following indications shall be entered for each transport: а) surname, name and domicile of the owner or sender of the meat ; б) date on which the transport is made ; c) date on which the sanitary certificate indicated in subsequent Article VII is released, with specification of the Commune of origin and of that of destination, of the surname, name and domicile of the addressee ; of the kind, category and weight of the meat transported. ARTICLE VII Motor-vehicle drivers shall ascertain, before loading, that the meat is accompanied by the certificate referred to in articles 40 and 42 of the Regulations concerning sanitary supervision on meat, approved by R.D. 20 December 1928, No. 3298, and is furnished with the stamps provided for by article 16 of said Regulations and by Article 2 of R.D.L. 26 September 1930, No. 1458. Drivers shall further be furnished with a statement released by the Veterinary of the Commune of origin, stating that both the motor-vehicle and any possible implements used for the loading have been duly washed and disinfected before such loading. The date of departure shall be indicated on such statement, which shall be valid for the entire journey and must be withdrawn by the Veterinary of the place where the off-load of the meat is completed. Halves and quarters shall always be transported in a hanging position, their heaping being prohibited. Pieces smaller than a quarter, small skinned animals, offals, including completely bleached tripe, as well as heads and paws, provided they are skinned, shall be contained in appropriate crates in terms of articles 40 and 41 of the mentioned Regulations. Slaughtered animals in their skins shall be kept separate from meat. Big size animals shall be transported either in a hanging position or lying on the floor ; small size animals may also be heaped up. The meat, upon arrival at the Commune of destination, shall be off-loaded in the public slaughter-house or in private ones in the presence of the Communal Veterinary. The loading of meat mixed with tripe, heads and paws which do not conform to the aforementioned conditions, as well as with industrial slaughtering by-products or with means of other nature is hereby prohibited. Frozen meat, provided it is wrapped up in cloth, may be transported in bulk. ARTICLE VIII Motor-vehicles used for the transport of meat within the Commune shall be subject to application of the provisions established by Articles I through VI hereof. Such provisions shall not be applied in case of transport of meat made within the Commune, by the butcher („esercente“), on his own behalf, from the slaughter-house to the sale-shop. In such case the use of motor-vehicles of various types shall be permitted, provided they are fitted with a large case having an airtight lid and being completely covered inside with inoxidable metal sheets, in conformity with the provisions of article 20 of R.D. 20 December 1928, No. 3298. ARTICLE IX Contraveners hereof shall be liable to the penalties provided for by the Consolidated Text of Sanitary Laws approved by R.D. 27 July 1934, No. 1265, as increased in terms of Article I of General Order No. 30B, dated 1 June 1946, and of Article IV of Order No. 117, dated 15 January 1948. ARTICLE X The Zone President is hereby entrusted with the application of this Order. ARTICLE XI This Order shall become effective six months after its publication in the Official Gazette. Dated at TRIESTE, this 30th day of January 1952. JOHN L. WHITELAW Brigadier General U. S. Army Ref. : LD¡A¡51I203 Director General, Civil Affairs. WHEREAS it is deemed advisable to issue provisions concerning production and sale of petrol in that part of Free Territory of Trieste administered by British-United States Forces (hereinafter referred to as the „Zone“), NOW, THEREFORE, I, JOHN L. WHITELAW, Brigadier General U. S. Army, Director General, Civil Affairs, ORDER: ARTICLE I Starting from the 1st February 1952, the oil refineries of the Zone must not produce petrol of less than Octane Number 70/72. Starting from the same date, petrol offered for sale shall not be less than Octane Number 70/72. ARTICLE II This Order shall become effective on the date it is signed by me. Dated at TRIESTE, this 31st day of January 1952. JOHN L. WHITELAW Brigadier General, U. S. Army Ref. : LDfA/52122 Director General, Civil Affairs Order No. 25 INCREASE IN FAVOUR OF THE STATE TREASURY OF THE SURCHARGE ON CERTAIN TAXES AS PROVIDED FOR BY D.L. 30 NOVEMBER 1937, No. 2145, AS AMENDED WHEREAS it is deemed necessary to increase in favour of the State Treasury („Erario“) the surcharge on certain taxes as provided for by D.L. 30 November ig3y, No. 2143, in that part of the Free Territory of Trieste administered by the British-United States Forces, NOW, THEREFORE, I, JOHN L. WHITELAW, Brigadier General U. S. Army, Director General, Civil Affairs, ORDER: ARTICLE I The surcharge introduced by D.L. 30 November 1937, No. 2145, converted into Law 25 April 1938, No. 614, as increased to 5 centesimi per lira of various State, Communal and Provincial taxes under General Order No. 57, dated 24 May 1946, is hereby further increased to 10 centesimi for the period 1 January to 31 December 1952. The additional revenue deriving from the above increase shall be credited to the State Treasury („Erario“) and shall be transferred to an appropriate Heading of the Estimated Revenue Budget. ARTICLE II This Order shall become effective on the date of its publication in the Official Gazette. Dated at TRIESTE, this 4th day of February 1952. JOHN L. WHITELAW Brigadier General IT. S. Army Ref. : LD¡A¡¡2¡j Director General, Civil Affairs / Order No. 26 OFFICIAL VALUE OF COFFEE, TEA, MATÉ AND SPICES FOR THE PURPOSE OF APPLICATION OF TURNOVER TAX WHEREAS it is deemed necessary to establish the official value of certain goods coming from abroad for the purposes of application of turnover tax by the Customs, in that part of the Free Territory of Trieste administered by the British-United States Forces, NOW, THEREFORE, I, JOHN L. WHITELAW, Brigadier General U. S. Army Director General, Civil Affairs, ORDER: ' ARTICLE I For the purposes of application of turnover tax by the Customs, the official value, of the goods hereinafter listed is hereby fixed as follows : Coffee containing caffeine ...... Caffeine-free coffee............. Loose tea.......................... Tea in packets or packed in any way Maté............................. Pepper .......................... Pimento.......................... Vanilla ......................... Cinnamom......................... Cloves .......................... Nutmegs ......................... Macis............................ Amomum and Cardamom ............. Ginger........................... L. 720 per kilo „ 1.100 55 „ 1,000 „ 1.400 „ 400 55 „ 3.000 , „ „ 500 „ „ 4.000 55 ' „ 550 55 „ 850 „ „ 800 55 „ 2.000 55 „ 5.500 55 „ 1.000 55 This Order shall become effective on the date of its publication in the Official Gazette and, pursuant to administrative instructions already issued, shall be operative as from 1 January 1952. Dated at TRIESTE, this 4th day of February 1952. JOHN L. WHITELAW Brigadier General U. S. Army Ref. : LD/Aj'52/10 Director General, Civil Affairs Order No. 27 EXTENSION OF THE TIME-LIMIT ESTABLISHED BY ARTICLE II OF ORDER N. 182/1950, CONCERNING THE ABOLITION OF COMMERCIAL SECURITIES („CAUZIONI COMMERCIALI“) WHEREAS it is deemed advisable to extend the time-limit established by Article II of Order n. 182, dated 20 September X950, concerning the abolition of commercial securities („cauzioni commerciali“) in that part of the Free Territory of Trieste administered by the British-United States Forces ; NOW, THEREFORE, I, JOHN L. WHITELAW, Brigadier General U. S. Army, Director General, Civil Affairs, ORDER: ARTICLE I The time-limit established by Article II of Order No. 182 dated 20 September 1950 is hereby extended to 30 June 1952. ARTICLE II This Order shall become effective on the date of its publication in the Official Gazette. Dated at TRIESTE, this 4th day of February 1952. JOHN L. WHITELAW Brigadier General U. S. Army Ref. : LD/A/52/ii Director General, Civil Affairs DUES ON CUSTOMS’ SEALS WHEREAS it is deemed necessary to alter the dues for the application of Customs’ seals in relation to their present cost, in that part of the Free Territory of Trieste administered by the British- United States Forces ; NOW, THEREFORE, I, JOHN L. WHITELAW, Brigadier General U. S. Army, Director General, Civil Affairs, ORDER: ARTICLE I Art. 17 of the Instructions concerning Customs’ seals, as approved by D.M. 5 January 1897, and subsequent amendments, is hereby repealed and substituted by the following : „Dues to be collected for the application of seals are hereby fixed as follows : For each lead or aluminium seal applied to packages of goods and to the vehicles used for their transportation : Lire ten. No dues shall be collected for the application to packages of „controlled goods“ marks. When lead or aluminium seals are applied by the Customs for the purpose of insuring samples of foreign goods forwarded under bond and samples of national goods forwarded between national ports or circulating in the national territory, the relative dues shall be collected at the rate established by this Article. The application of seals to vehicles shall be gratuitous if sealing is not explicitly required by the law or Customs regulations and is only done for the purpose of guaranteeing the internal movement of the goods within Customs’ areas.“ ARTICLE II This Order shall become effective on the date of its pubblication in the Official Gazette and, pursuant to administrative instructions already issued, shall be operative as from 1 January 1952. Dated at TRIESTE, this 4th day of February 1952. JOHN L. WHITELAW Brigadier General U. S. Army Ref. : LD/A/52¡12 Director General. Civil Affairs AMENDMENT TO ORDER No. 179/1951 REGULATIONS FOR MOVEMENT OF PERSONS INTO AND OUT OF THE BRITISH-UNITED STATES ZONE OF THE FREE TERRITORY OF TRIESTE WHEREAS it is considered necessary to amend the Table annexed to Order No. 179 dated 12 November 1951, containing regulations for movement of persons into and out of that part of the Free Territory of Trieste administered by the British-United States Forces, NOW, THEREFORE, I, JOHN L. WHITELAW, Brigadier General U. S. Army, Director General, Civil Affairs, ORDER: ARTICLE I AMENDMENT TO THE TABLE ANNEXED TO ORDER No. 179/1951 Paragraph ,,C. Control Points for entry and for leaving by sea“ of the Table annexed to Order No. 179 dated 12 November 1951, as amended by Order No. 191 dated 21 December 1951, is hereby cancelled and substituted by the following : ,,C. Control points for entry and tor leaving by sea Molo Bersaglieri Molo Pescheria Molo Aquilinia Punto Franco Vecchio Punto Franco Nuovo Muggia Harbour Sistiana — new quay south side of Harbour, 100 meters only of the quayside from the sea end.“ ARTICLE II , REPEAL OF ORDER No. 191/1951 Order No. 191 dated 21 December 1951 is hereby repealed. ARTICLE III EFFECTIVE DATE This Order shall become effective on the date of its publication in the Official Gazette. Dated at TRIESTE, this 6th day of February 1952. JOHíi L. WHITELAW Brigadier General U. S. Army Ref. : LDfAf52\15 Director General, Civil Affairs REOPENING OF THE TIME-LIMIT AFFORDED TO PROVIDE FOR PAYMENT OF THE BASIC INSURANCE CONTRIBUTIONS FIXED UNDER ARTICLE II OF ORDER No. 188/1951 WHEREAS it is deemed advisable to reopen the time-limit afforded to those employees formerly excluded from compulsory social insurances under Article 5 of R.D.L. 14 April 1939, No. 636, in •order to enable them to provide for payment of the basic contributions, in that part of the Free Territory of Trieste administered by the British-United States Forces, NOW, THEREFORE, I, JOHN L. WHITELAW, Brigadier General U. S. Army, Director General, Civil Affairs, ORDER: ARTICLE I The time-limit as fixed under Article II, Section d, of Order No. 188, dated 2 October 1950, within which those employes formerly excluded from the compulsory social insurances, were permitted to provide for payment of the basic insurance contributions, is hereby reopened for a period of six months as from the first day of the month subsequent to that in which this Order is published. ARTICLE II This Order shall become effective on the date of its publication in the Official Gazette. Dated at TRIESTE, this 6th day of February 1952. JOHN L. WHITELAW Brigadier General U. S. Army Ref. : DD¡A¡52¡19 - Director General, Civil Affairs Administrative Order No. 6 SUBSTITUTION OF MEMBERS OF THE ZONE COMMISSION FOR TAXES WHEREAS it is deemed necessary to-provide for the substitution of some members of the Zone Commission for Taxes in that part of the Free Territory of Trieste administered by the British-United States Forces, NOW, THEREFORE, I, VONNA F. BURGER, Colonel Arty, Executive Director to Director General, Civil Affairs, ORDER: 1. Dott. Ferruccio BERCICH is hereby appointed full member of the Zone Commission for Taxes Special Section competent to make decisions on . questions of Law relating to taxes on transfers of property, in substitution of dott. Guido BOSUTTI, appointed by Administrative Order No. 71, dated 8 December 1950, deceased. 2. Dott. Giuseppe CHICCO is hereby appointed deputy member of the Zone Commission for Taxes Special Section competent to make decisions on questions of Law relating to taxes on transfers of property in substitution of dott. Sebastiano MICELI, appointed by Administrative Order No. 14, dated 30 March 1949, Who has resigned. 3. This Order shall become effective on the date it is signed by me. Dated at TRIESTE, this 6th day of February 1952. VONNA F. BURGER Colonel Arty Executive Director to Ref. : LDfB/5215 Director General, Civil Affairs Notice No. 3 MINIMUM WAGES FOR GARDEN LABORERS IN THE EMPLOY OF FLOWERS AND FRUIT-TREES GROWING FIRMS NOTICE is hereby given that the Minimum Arbitration Board established pursuant to Order No. 63 dated 1 December 1947 has issued in respect.of garden laborers employed by firms growing flowers and fruit-trees, not subject to the Collective Labor Contract, the following Award, LODO Il lodo pubblicato con Avviso No. 52 di data 29 ottobre 1951 s’intende prorogato a tutto il 27 novembre 1952, giorno in cui verrà a scadere ; a meno che il contratto collettivo di lavoro per i lavoratori giardinieri non subisca una modifica anteriormente a questa data. Letto, confermato e sottoscritto. Trieste, 20 novembre 1951. Il Presidente : I Componenti : I Consulenti tecnici Approvato : 10 dicembre 1951 Sgd. : de PETRIS Capo, Dipartimento del Lavoro Dated at TRIESTE, this 28th day of December 1951. Dr Eng. E. PETRIS Ref. : LD\Cf51\56 Chief, Department of Labor Sgd. Walter LEVITUS „ E. D. RUSTIA-TRAINE „ Nereo BRUCCHI „ Antonio CATTUNAR „ Giuseppe MUSLIN „ Nicolò PASE „ Mario SMECCHIA Errata corrigenda The date appearing at the end of Order No. 16 — Provisions in favour of Local Finance — published at page 46 of Gazette No. 3 dated 1 February 1952, should read ,,22nd day of January 1952“ instead of „22nd day of January 1951“. CONTENTS Odrer Page No. 21 Determination of the contribution due to the „Ente nazionale di previdenza ed assistenza per i lavoratori dello spettacolo ............................. 59 No. 22 Provisions relating to sentences of the Allied Military Courts ............ 60 No. 23 Provisions governing the transport of meat by means of motor-vehicles.... 62 No. 24 Provisions concerning production and sale of petrol ....................... 65 No. 25 Increase in favour of the State Treasury of the surcharge on certain taxes as provided for by D. L. 30 November 1937, No. 2145, as* amended ............ 65 No. 26 Official value of coffee, tea, mate and spices for the purposes of application of turnover tax ................................................................ 66 No. 27 Extension of the time-limit established by Art. II of Order No. 182/1950, concerning the abolition of commercial securities („cauzioni commerciali“) .... 67 No. 28 Dues on customs’ seals .................................................. 68 No. 29 Amendments to Order No. 179/51 — Regulations for movement of persons into and out of the British-United States Zone of the Free Territory of Trieste..... 69 No. 30 Reopening of the time-limit afforded to provide for payment of the basic insurance contributions fixed under Art. II of Order No. 188/1950.................... 70 Administrative Order No. 6 Substitution of members of the Zone Commission for Taxes .................. 70 Notice No. 3 Minimum wages for garden laborers in the employ of flowers and fruit-trees growing firms ............................................................. 71 Errata corrigenda...................................................................... 72