CORRESPONDENCE 471
3. Equipment,materialsandpersonnel
With regard to the perplexities raised by you in the course of the meeting, 1
wish to point out the following:
(a) Al1the personnel connected with the program (executives, engineers,techni-
cians. skilled workers) have returned Io work and aereed to oDerate under
the new administration. 1 am enclosing (encl. 2)l-a notarizid statement
indicating the work force presently at the disposal of the seizing authority.
IbJ The orocürement of matefial needed to carrv out the work planned does not
presént, for the time heing, any difficulti as a result if the change in
administration. All the materials required for the normal production cycle
are in the company stores. Should any shortages occur in the future, no
narticular orocurement oroblems are envisa~e-since the necessarv materials
are freely available on the market.
(c) All the material and equipment property of the O.P.L.O.H. as well as the
classifieddocumentation are in oerfect order and condition under the surveil-
lance of both the S.G.S. and thécompany security service, whichhave never
ceased to operate.
1hope 1have given you, dear General Mancini, al1the necessary information
to disoel your uueasiness concernina the continuity in the work and supply of
the màterials reauired b,,vour oreaGzation.
I.ooking f~rxard i<hc.iring rrurii pu xi )dur carli~,.i~unienicn~~çc~~ncerning
the proçdurcs idbç folli>u.cJtu iorniïlix ihr ncu rel.iiinn.hips. I ihmkyou iur
your kind attention and assistance.
(Signed) BEVILACQUA.
86. THE AGENT OF ITALY TO THE REGISTRAR
13March 1989.
Pursuant to the invitation of the President ofthe Chamher of the International
Court of Justice in the ELSIcase, addressed to the Parties at the public sitting
of 2 March last2, 1 have the honour to transmit hereafter the comments of the
Italian Government to the re.olies3 eiven. on 27 February, by the Amencan
Government to the questions put hy Che~udges
Our comments are as follows:
''1hç ansucrj pvrn h) thc Applicani tu question, irom tlic IIcnch mcrçl)
contain .Isiatcnient «i ihc Applic3nt'CASC ilsdc\elopçd In the second round
of pleadings. These answers,-as well as the pleadings, present a senes of
assertions which either distort facts or are unsupported by evidence.
As the essential aspects of the Applicant's case were considered hy the
Resoondent in its rebuttal, a detailed consideration of each answer does not
apGar to be necessary at this stage of the proceedings.
However, the Respondeni would like to point out in particular two inac-
curacies in the Applicant's replies.
****
' Not provided.
See pp.371 and 383, supra.
' See pp.449-456, supra. , 1. In its response to the question from Judge Schwebel, the Applicant
states that
'with the requisition in place, there was no opportunity to show the plant
to prospective buyers after 1 April and no ability to negotiate any deals
for the immediate disposition of the plant and assets'.
As exemplifiedhy much of the material contained in the letter from the
Mavor of Palermo to General Mancini of 9 Mav 1968that was filed with
thekourt hy Respondent in response to a from Judge Schwebel,il
was obviouslyquite possible for Raytheon to have explored various alterna-
tives with himand there is no evidence to the oontr&y.
The requisition was issued to avoid the closure of the plant. The plant
was kept open, operations were maintained to a certain extent and the
premisescould have been viewedby anyone showing an interest in doing so.
Moreover, it mus1be remembered that the Mayor had originally appointed
ELSl's own director, MI. Profumo, as manager of the requisitioned plant
(Annex 34 to the Counter-Memonal).
II. In ils resoonses to auestions from President Ruda. Ao.li..nt states
that '~avtheon'and ~achfett were committed 10suonlvin.,,ecessa~ ~funds
~o~~accokplihthe orderly liquidation', and thai 'Rayrhcon mouid h35.e
incrcdsediis fundini:of the liquidation progrüm io takç carc of any shortfaIl'
in reauired severance nav
~c;~ondent's rcpl>'isonce again thai Applicanl here appcar, itsclf IO bc
staiing a qucstion of Pdctlhat is, unhappily. unsupporicd byany contcmpora-
neousrecord or any document."
87. THE REGlSTRAR TO THE AGENT OF ITALY
13 March 1989.
1 have the honour to acknowledge receipt of Your Excellency'sletter of 13
March 1989,setting out the comrnents of Italy on the replies givenby the United
States to questions put by Members of the Chamber during the oral proceedings
in the case concerning ElerironicoSiculoS.P.A. (ELSI).
13March 1989.
Dunng the lasi day of ihc oral procecdings' in the case concernlng Elrrrronrcu
StruloSp.A (ELSI,. the Court offrred cach pan). the opportunity io comment
on the answers given by the other party to questions of the Judges during the
final week.The United States does no1agee with the conclusions of the Respon-
dent in any of its answers, and accordingly suhmits the following comments. To
' See pp. 371 and 383, supro.
Observations écrites de l'Italie sur les réponses apportées le 27 février 1989 par les Etats-Unis d'Amérique aux questions posées par les juges