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Volume E-1
Chapter 6. Oceans Policy
  

Chapter 6. Oceans Policy

--  332. Letter From the Deputy Secretary of Defense (Nitze) to Secretary of State Rusk, Washington, January 6, 1969 [Get Acrobat Reader PDF version   ] 

Nitze presented Department of Defense view on the continental shelf and related issues.

Source: National Archives, RG 59, Central Files 1967-69, POL 33-5. Secret.


--  333. Circular Airgram CA-406 From the Department of State to Multiple Posts, January 23, 1969, 1025Z [Get Acrobat Reader PDF version   ] 

The Department summarized U.S.-Soviet Law of the Sea negotiations held in New York on December 16-18, 1968, and enclosed a draft convention, dated December 20, which included a revised article on preferential fishing rights for coastal states.

Source:  National Archives, RG 59, Central Files 1967-69, POL 33-8. Confidential.  Drafted by Carter on January 17; cleared by McKernan, Springsteen, EA/J, Interior, and Defense; and approved by Meeker.  Sent to Ankara, Athens, Bonn, Brussels, Copenhagen, The Hague, Lisbon, London, Luxembourg, Madrid, Oslo, Paris, Reykjavik, Rome, Tokyo, and USNATO.  Repeated to Canberra, Moscow, Ottawa, and USUN.  The first two articles of the enclosed convention, negotiated ad referendum by U.S. and Soviet representatives in July 1968, are undated.  The third article is dated December 20, 1968.  No drafting information appears on the draft convention.  The memorandum of discussion with the Japanese Embassy was not found attached.


--  334. Memorandum From the Deputy Legal Adviser (Belman) to the Under Secretary of State for Political Affairs (Johnson), Washington, March 18, 1969 [Get Acrobat Reader PDF version   ] 

Belman reviewed the 2 years of interactions with the Soviet Union, concerning Law of the Sea issues, and recommended consultations with NATO allies. Johnson approved the recommendation.

Source: National Archives, RG 59, L/OA Files: Lot 72 D 505, Box 2, Law of the Sea NATO. Confidential. Sent for action. Sent through S/S. Drafted in L/SPA by Carter and Belman; cleared by McKernan and Springsteen; and approved by U. Alexis Johnson on March 20. Johnson added the following handwritten suggestion below his initials: "Suggest we consider whether we should not make simultaneous approaches to other selected countries such as Japan and some ARA state." Tab A is published as the enclosure to Document 333. Attached but not published at Tab B was an unsigned and undated report, which recounted the results of talks between U.S. and Soviet experts and surveyed the current status of international opinion on the limits of territorial waters, free passage through straits, and fisheries. Tab C is published as Document 333. Attached but not published at Tab D was an unsigned and undated memorandum, which listed amendments to the draft article III on fisheries proposed by the U.S.S.R. and the U.S. response to the Soviet proposals. Attached but not published at Tab E was a March 11 information memorandum from McKernan to Meeker that indicated that S/FW believed consultations through NATO channels would steer the fisheries negotiations away from provisions acceptable to developing countries, therefore making widespread agreement impossible.


--  335. Memorandum From the Assistant Secretary of State for International Organization Affairs (De Palma) to Secretary of State Rogers, Washington, April 2, 1969 [Get Acrobat Reader PDF version   ] 

De Palma noted the increased tempo of United Nations work on Law of the Sea issues and outlined key issues requiring United States attention.

Source: National Archives, RG 59, D/LOS Files: Lot 75 D 243, 1968 Seabeds. Confidential. Sent for information. Sent through S/S. Drafted in IO by Deputy Assistant Secretary David H. Popper. Copies were sent to U, J, and C. Published from an uninitialed copy.


--  336. Letter From Secretary of the Interior Hickel to Secretary of State Rogers, Washington, April 15, 1969 [Get Acrobat Reader PDF version   ] 

Hickel requested an interdepartmental review to consider the interests of the U.S. fishing industry in formulating policy priorities for potential upcoming law of the sea conference.

Source:  National Archives, RG 59, Central Files 1967-69, POL 33-8.  Confidential.


--  337. Memorandum From the Acting Legal Adviser of the Department of State (Belman) to Secretary of State Rogers, Washington, April 21, 1969 [Get Acrobat Reader PDF version   ] 

Belman forwarded to Rogers information pertinent to the issues raised by Interior Secretary Hickel's letter of April 15, 1969, and included a draft reply.

Source: National Archives, RG 59, Central Files 1967-69, POL 33-8. Confidential. Sent for action. Sent through S/S and initialed by Walsh. Drafted by Belman and concurred in by McKernan and by Acting Deputy Assistant Secretary Malcolm Toon (EUR). David S. Black was Under Secretary of the Interior from 1967-69. For Tab A, see Document 339. For Tab B, see Document 336.


--  338. Memorandum From the Assistant Secretary of State for European Affairs (Hillenbrand) to the Under Secretary of State for Political Affairs (Johnson), Washington, April 23, 1969 [Get Acrobat Reader PDF version   ] 

Hillenbrand recommended lodging a formal protest to a recent Canadian announcement expanding certain boundaries of Canadian internal waters and establishing expanded offshore zones that might exclude foreign fishing activities. Johnson approved the recommendation.

Source: National Archives, RG 59, Central Files 1967-69, POL 33-8. Confidential. Sent for action. Sent through S/S. Drafted by John C. Griffith, Office of Canadian Affairs, Bureau of European Affairs on April 22 and cleared by Springsteen, EUR/CAN, and S/FW, and in draft by Belman. Johnson apparently approved the recommendation. The approval line is marked in an unknown hand as follows: "4/25/69, 12:00 noon." Tabs A, B, C, and D were not found. For Tab E, see Document 333. Tab F, April 23, was a draft note from Rogers to Canadian Ambassador Ritchie expressing disappointment that the Canadian Government notified Washington only a few hours before the public announcement and registering the hope that U.S. officials would have the opportunity to consult and comment upon any proposed legislation the before it was submitted to the Canadian Parliament.


--  339. Letter From Secretary of State Rogers to Secretary of the Interior Hickel, Washington, April 28, 1969 [Get Acrobat Reader PDF version   ] 

Responding to Hickel's April 15 letter, Rogers assured him that consideration would be given to U.S. fisheries interests in developing Law of the Sea positions.

Source: National Archives, RG 59, Central Files 1967-69, POL 33-8. Confidential. Drafted by Belman on April 21.


--  340. Memorandum From the Assistant Legal Adviser for East Asian and Pacific Affairs (Aldrich) to the Under Secretary of State for Political Affairs (Johnson), Washington, May 29, 1969 [Get Acrobat Reader PDF version   ] 

Aldrich opposed compromise language proposed by the Department of the Interior concerning seabed principles. Johnson disapproved Aldrich's recommendation to continue efforts to secure an agreed continental shelf boundary and a moratorium on seabed claims.

Source: National Archives, RG 59, General Files on NSC Matters, S/S-I Files: Lot 73 D 288, Box 9, NSC/Misc. Seabed. Confidential. Sent for action. Sent through S/S. Drafted by Carter, who also drafted the undated "Seabeds Moratorium-Background and Considerations." Copies were sent to Richardson, Samuels, Pollack, and Popper. Johnson disapproved the recommendation on June 2.


--  341. Memorandum From Robert Osgood of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, June 12, 1969 [Get Acrobat Reader PDF version   ] 

Osgood discussed the imminent potential conflict between U.S. policies concerning ongoing seabeds treaty negotiations, a potential Law of the Sea treaty, and a longstanding fishing rights dispute with Peru. He outlined disagreements between Executive Branch agencies, and recommended preparation of a policy options study. Kissinger approved preparations of a NSSM.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970 (2 of 2). Secret. Kissinger initialed his approval of the recommendation and wrote on the final page, “do brief memo to Pres + NSSM for study.” An attached June 19 note from Haig to Osgood reads, “Henry has read you memorandum and asked that you coordinate with Pete Vaky and Mort Halperin in the preparation of a brief memorandum for the President, forwarding an NSSM for the President’s approval, which will initiate the necessary study.”


--  342. Circular Telegram 103620 From the Department of State to All American Republic Posts, June 24, 1969, 2054Z [Get Acrobat Reader PDF version   ] 

The Department registered concern over Uruguay's assertion of expanded territorial sea claims and the potential for further claims by other Latin American governments.

Source: National Archives, RG 59, Central Files 1967-69, POL 33-8. Confidential. Drafted by Carter on June 23; cleared in S/FW, ARA, L/ARA, ARA/APU, ARA/BR, the Departments of Defense and Interior; and approved by Assistant Legal Adviser for Economic Affairs Richard A. Frank. Edward M. Korry was the U.S. Ambassador to Chile. Gabriel Valdes Subercaseaux was the Chilean Foreign Minister.


--  343. Memorandum From Secretary of Defense Laird to the President's Assistant for National Security Affairs (Kissinger), Washington, July 1, 1969 [Get Acrobat Reader PDF version   ] 

Laird expressed concern that U.S. defense needs were not being taken sufficiently into account in the multiple, interrelated, sea law-related negotiations taking place concurrently. He recommended preparation of a National Security Study Memorandum on an expedited basis.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970, (2 of 2). Confidential.


--  344. Memorandum From Robert Osgood of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, July 7, 1969 [Get Acrobat Reader PDF version   ] 

Osgood recommended referring Law of the Sea questions to the Under Secretaries Committee rather than issuing a National Security Study Memorandum.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970, (2 of 2). Secret. Sent for action. For the final signed versions of Tab A and Tab B, see Documents 349 and 347. Tab C is published as Document 343.


--  345. Memorandum of Conversation, Washington, July 7, 1969 [Get Acrobat Reader PDF version   ] 

Executive Branch representatives discussed with Senator Henry "Scoop" Jackson differences and concerns about Law of the Sea issues. All agreed on the need for a moratorium on seabed boundary claims. The Interior department reserved its position regarding the U.S. negotiating stance on seabed boundary issues in upcoming negotiations at the UN.

Source: National Archives, RG 59, Central Files 1967-69, POL 33-5. Limited Official Use. Drafted by Pollack and approved in J. The conversation was held in Jackson's office. For the seabed principles proposed by the United States at the UN Ad Hoc Committee to Study the Peaceful Uses of the Sea-Bed and the Ocean Floor Beyond the Limits of National Jurisdiction, see UN Document A/AC.135/25 (June 28, 1968).


--  346. Memorandum From Secretary of State Rogers to the President's Assistant for National Security Affairs (Kissinger), Washington, July 9, 1969 [Get Acrobat Reader PDF version   ] 

Rogers informed Kissinger that the Department of State disagreed with the Department of Defense proposal to prioritize Law of the Sea questions. He proposed that the government continue to work toward resolving internal differences without altering U.S. positions concerning several ongoing negotiations with sea law implications.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970, (2 of 2). Confidential.


--  347. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to Secretary of Defense Laird, Washington, July 12, 1969 [Get Acrobat Reader PDF version   ] 

Kissinger informed Laird that rather than issuing a National Security Study Memorandum, the Under Secretaries Committee would consider how to coordinate Law of the Sea policy.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970, (2 of 2). Confidential. The attachment is published as Document 348.


--  348. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to Secretary of State Rogers, Washington, July 12, 1969 [Get Acrobat Reader PDF version   ] 

Kissinger concurred with Rogers that the National Security Council need not deal with Law of the Sea matters presently. Kissinger requested the Under Secretaries Committee attempt to resolve the outstanding issues concerning Executive Branch disagreements and potential conflicts between the U.S. negotiating positions on various sea law negotiations.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970, (2 of 2). Confidential.


--  349. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to the Under Secretary of State (Richardson), Washington, July 12, 1969 [Get Acrobat Reader PDF version   ] 

Kissinger requested that Richardson convene the Under Secretaries Committee to consider coordination of U.S. policy concerning the Peruvian fishing dispute, the definition of a boundary between the continental shelf and the deep seabed, and a seabeds arms control agreement.

Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-253, Under Secretaries Study Memoranda, U/SM 50-54 [1 of 3]. Secret.


--  350. Memorandum From Robert Osgood of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, July 22, 1969 [Get Acrobat Reader PDF version   ] 

Osgood provided an update on the status of negotiations between Executive Branch agencies to develop coordinated positions on the interrelated issues of Peruvian fisheries, definition of the continental shelf, and seabed arms control.

Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-253, Under Secretaries Study Memoranda, U/SM 50-54 [1 of 3]. Confidential. Sent for information. Published from an uninitialed copy.


--  351. Memorandum From Robert Osgood of the National Security Council Staff to the Senior Military Assistant to the President for National Security Affairs (Haig), Washington, July 23, 1969 [Get Acrobat Reader PDF version   ] 

Osgood explained the current state of Executive Branch interagency negotiations concerning Peruvian fisheries policy. He also suggested that the President's Assistant for National Security Affairs Kissinger have the opportunity to examine any resultant bilateral agreement before it was signed.

Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-files), Box H-253, Under Secretaries Study Memoranda, U/SM 50-54 [1 of 3]. Confidential. Published from an uninitialed copy.


--  352. Memorandum From Robert Osgood of the National Security Council Staff to the Senior Military Assistant to the President for National Security Affairs (Haig), Washington, July 24, 1969 [Get Acrobat Reader PDF version   ] 

Osgood noted that the concerned Executive Branch agencies had agreed on a negotiating position for upcoming fisheries talks with Peru and assured Haig that the President's Assistant for National Security Affairs Kissinger would have a chance to review any bilateral accord produced.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970, (2 of 2). Confidential. After the penultimate sentence, Osgood inserted a handwritten note that read: "But I shall not send it. Instead, I have communicated its message to McKernan on the telephone. He assured me that HAK would have an opportunity to see the agreement before it is signed. He also assured me that he would keep me informed, through a special secretariat in his office, of the conference developments." A handwritten notation by Osgood on the attached letter reads: "Not sent. Communicated telephonically." Department of State Circular 175, December 13, 1955, outlined procedures for the negotiation and signature of treaties and other international agreements. See Arthur W. Rovine, Digest of United States Practice in International Law 1974, (Washington: U.S. Department of State, 1975), pp. 199-215.


--  353. Letter From the Under Secretary of State for Political Affairs (Johnson) to Members of the Committee on International Policy in the Marine Environment, Washington, August 11, 1969 [Get Acrobat Reader PDF version   ] 

As chair of the Committee on International Policy in the Marine Environment, Johnson furnished to the committee a draft resolution on seabed principles to guide the U.S. delegation at the August 1969 UN Seabeds Committee meeting and a memorandum of understanding among Executive Branch agencies concerning the seabed boundary principle.

Source: National Archives, RG 59, General Files on NSC Matters, S/S-I Files: Lot 73 D 288, Box 9, NSC/Misc.-Seabed. Limited Official Use; Noforn. A copy was sent to Christopher Phillips at USUN.


--  354. Circular Airgram CA-4850 From the Department of State to Multiple Posts, August 29, 1969, 1313Z [Get Acrobat Reader PDF version   ] 

The Department requested that the addressed posts discuss major issues with members of the host governments' delegations to the forthcoming 24th UN General Assembly meeting. The published section of the enclosure deals with seabeds issues.

Source: National Archives, RG 59, Central Files 1967-69, UNGA-3. Confidential; Priority. Drafted by the IO/UNP staff and approved by Greene. The published section of the enclosure is enclosure 5 and is classified as Limited Official Use. Sent to all posts except the following to which it was repeated for information: Algiers, Bern, Bonn, Bucharest, Budapest, Khartoum, Moscow, Prague, Saigon, Seoul, Sofia, Warsaw, USINT Cairo, USUN, USOECD Paris, US NATO, the mission at Geneva, and USEC Brussels. The remainder of the airgram, which deals with General Assembly issues unrelated to Law of the Sea negotiations, is not published.


--  355. Memorandum From the Legal Adviser of the Department of State (Stevenson) to Secretary of State Rogers, Washington, September 3, 1969 [Get Acrobat Reader PDF version   ] 

Stevenson registered his opinion that U.S. acceptance of a 12-mile limit to territorial waters in seabed arms control negotiations would not prejudice the more general U.S. policy of not recognizing territorial claims beyond 3 miles.

Source: National Archives, RG 59, L/OA Files: Lot 73 D 391, Box 9, Law of the Sea USG Position. Confidential. Drafted by Carter.


--  356. Memorandum From Robert Osgood of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, September 12, 1969 [Get Acrobat Reader PDF version   ] 

Osgood outlined the effects on international negotiations of disagreement among Executive Branch agencies concerning delineation of the continental shelf boundary. He noted increasing Congressional attention to the issue and anticipated that the Under Secretaries Committee might soon meet to address the issue.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970, (2 of 2). Secret. Sent for information. A notation on the memorandum indicates that Kissinger saw it. For Tab A, see Documents 350, 351, and 352. For Tab B, see Document 349. Senator Claiborne Pell (D-Rhode Island) was chair of the Oceans and Space Subcommittee of the Senate Foreign Relations Committee.


--  357. Memorandum From the Legal Adviser of the Department of State (Stevenson) to Secretary of State Rogers, Washington, October 13, 1969 [Get Acrobat Reader PDF version   ] 

Stevenson explained the rationale and methodology behind a worldwide canvass of governments to determine the prospects for a general Law of the Sea conference. The canvass utilized the attached aide-mimoire as a basis for discussion.

Source: National Archives, RG 59, S/S-I Files: Lot 83 D113, Box 7, NSC/MISC/ Law of the Sea. Confidential. Sent for information. Sent through S/S. Drafted by Carter on October 9. Copies were sent to U, J, C, AF, EA, EUR, NEA, ARA, IO, H, E, and S/FW. For the text of the draft articles attached, see Document 333.


--  358. Memorandum From the Deputy Assistant Secretary of State for International Organization Affairs (Greene) to the Under Secretary of State for Political Affairs (Johnson), Washington, November 10, 1969 [Get Acrobat Reader PDF version   ] 

Greene listed the Law of the Sea-related subjects and organizational issues to be addressed over the ensuing 6 months.

Source: National Archives, RG 59, D/LOS Files: Lot 75 D 243, 1968 Seabeds. Limited Official Use. Sent for information. Drafted by McIntyre and cleared by Stevenson, McKernan, Pollack, and in E. Published from an uninitialed copy.


--  359. Memorandum From F. Allen Harris, Special Assistant to the Legal Adviser to Selected Bureaus of the Department of State, Washington, December 2, 1969 [Get Acrobat Reader PDF version   ] 

Harris circulated a proposed U.S. Government position on the seabed boundary sent by Stevenson to other Executive Branch agencies.

Source: National Archives, RG 59, D/LOS Files: Lot 75 D 243, 1968 Seabeds. Confidential. The memorandum was sent to Staff Assistant John D. Stempel (U), Staff Assistant Richard W. Baker (J), Staff Assistant David Biltchick (S/PC), McIntyre, Deputy Director George Dolgin (SCI/SE), Adviser Clarence W. Nichols (E/ORF), William L. Sullivan (S/FW), and Deputy Director William J. Trainor (INR/XR). The attached analysis of the major proposals was not found. Tab B is attached but not published.


--  360. Memorandum From Robert Osgood of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, December 2, 1969 [Get Acrobat Reader PDF version   ] 

Osgood informed Kissinger of the continued disagreement among Executive Branch Agencies concerning determination of the continental shelf boundary and the proposal to enact a moratorium on further deep seabed claims of exploitation. Kissinger agreed to receive a briefing on the issues involved in anticipation of an Under Secretaries Committee meeting on the topic.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970, (2 of 2). Confidential. Kissinger initialed his approval. Attached at Tab A was a letter from Laird to Hickel, November 13, in which Laird expressed concern that granting certain offshore seabed exploitation leases by the Interior Department might jeopardize U.S. security interests. Tab B is published as section III of Document 341. Next to the statement in paragraph 2 that the differences between the Defense, Interior, and State Departments had not been resolved, Kissinger wrote, “Why?” Also in the third paragraph, after the sentence, “I do not know whether it will succeed” Kissinger wrote in the margin, “We should issue order that this can’t be done pending undersecretaries meeting. Put on agenda of next meeting with Richardson.” Concerning Behr’s forthcoming memorandum Kissinger wrote, “Succinct, I hope.” In the recommendation, Kissinger crossed out “one-hour” and wrote “1/2.” Next to his initials Kissinger wrote, “Have-1/2 hour.” Below Kissinger’s approval, written in a different hand, is an indication that the briefing was tentatively scheduled for December 23 at 3:00pm.


--  361. Memorandum From Robert Behr of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, December 5, 1969 [Get Acrobat Reader PDF version   ] 


Behr summarized a briefing that explained the Department of Defense position on Law of the Sea issues, especially concerning the continental shelf.

 Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970, (2 of 2).  Secret.  Sent for information.  Kissinger wrote at the top of the page:  "Let's get it before the Under Secretaries committee."  J. B. Parker wrote below Kissinger's note:  "Col. Behr is taking follow up action."  Both notes were written on December 11.


--  362. Memorandum From the Legal Adviser of the Department of State (Stevenson) to the Under Secretary of State for Political Affairs (Johnson), Washington, December 15, 1969 [Get Acrobat Reader PDF version   ] 


Stevenson reported that a resolution passed by the recent UN General Assembly made a general Law of the Sea conference likely.  He recommended that the administration should prepare for the conference by creating an office to coordinate Department of State policy and establishing an interagency working group to coordinate U.S. governmental efforts.

 Source:  National Archives, RG 59, Central Files 1967-69, POL 33-8.  Confidential.  Sent for action.  A copy was sent to Pollack.  Drafted by Oxman and concurred in by McKernan and Greene.  Johnson initialed his approval of both recommendations on December 24.  Tab A, the final version of the resolution as adopted by the General Assembly, is UN Document 2574A (XXIV), December 15, 1969.  Tab B is Document 333. 


--  363. Memorandum From Robert Osgood of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, January 20, 1970 [Get Acrobat Reader PDF version   ] 

Osgood outlined the Law of the Sea issues likely to be determined at an upcoming meeting by the Under Secretaries Committee.  He attributed the fundamental dispute among Executive Branch agencies to differing values ascribed to military security and commercial exploitation.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-253, Under Secretaries Study Memoranda, U/SM 50-54 [1 of 3].  Secret.  Sent for information.


--  364. Memorandum From Robert Osgood of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, January 26, 1970 [Get Acrobat Reader PDF version   ] 


Osgood described the potential clash between the U.S. response to the Peruvian fisheries dispute and joint U.S.-Soviet attempts to negotiate a new Law of the Sea treaty.  He recommended an examination of the issues to determine what options the Under Secretaries Committee might consider.  Kissinger approved the recommendation.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970, (2 of 2).  Secret.  Sent for action.  Kissinger initialed his approval on February 3 and wrote next to his initials:  "It needs a formal structure.  Do a joint paper with State."


--  365. Memorandum From Robert Osgood of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, January 30, 1970 [Get Acrobat Reader PDF version   ] 

Osgood summarized the Under Secretaries Committee meeting convened to consider the continental shelf boundary question. When it became evident that the representatives of the Departments of State, Defense, and Interior could not agree, Richardson concluded he would make a separate recommendation to the President.

Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-253, Under Secretaries Study Memoranda, U/SM 50-54 (3 of 3). Secret. Sent for information. A notation on the memorandum indicates that Kissinger saw it.


--  366. Airgram CA-1381 From the Department of State to the Mission to the United Nations Washington, March 10, 1970, 1907Z [Get Acrobat Reader PDF version   ] 

The Department forwarded instructions for the March 1970 meeting of the UN Seabeds Committee, including amendments to previous U.S. positions.

Source:  National Archives, RG 59, Central Files 1970-73, POL 33-6.  Confidential; Priority.  Drafted by McIntyre, Simsarian, and Oxman on March 10; cleared with SCI, E, S/FW, PM, L, ACDA, Defense, Interior, Commerce, Transportation, Justice, NSF, and NCMRED; and approved by Greene.  Repeated to London, Moscow, the Mission at Geneva, and USNATO.  Telegram 133845 was sent to USUN and repeated to the Mission at Geneva, USNATO, London, and Moscow.  (National Archives, RG 59, Central Files 1967-69, POL 33-6)


--  367. Memorandum From the Executive Secretary of the Department of State (Eliot) to the President's Assistant for National Security Affairs (Kissinger), Washington, March 12, 1970 [Get Acrobat Reader PDF version   ] 

Eliot reported the results of a meeting between Canadian representatives and Department of State officials to discuss an impending Canadian claim over Arctic waters.  He highlighted the significance of Canadian actions for current Law of the Sea negotiations.

Source:  National Archives, RG 59, Central Files 1970-73, POL 33-8.  Secret.  Drafted by Neuman and cleared by Johnson, Stevenson, and McKernan, and with EUR/CAN, Defense, Interior, and Transportation.


--  368. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to President Nixon, Washington, undated [Get Acrobat Reader PDF version   ] 

Kissinger informed Nixon that proposed Canadian legislation to protect Arctic waters and fisheries would prejudice U.S. interests and recommended that the President telephone Canadian Prime Minister Pierre Trudeau.  Nixon called Trudeau and arranged for a team of U.S. representatives to travel to Ottawa to discuss concerns.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 670, Country Files, Europe, Canada, March 1969-August 1970 (1 of 2).  Secret.  Sent for action.  Next to the approval line, Nixon wrote:  " I called Trudeau.  He agreed to hold up until he talked to team-I informed Alex of the call-I have one reservation-perhaps appointing Packard puts too much military emphasis."  According to Document 369, Nixon called Trudeau on March 17.  In the attached March 16 memorandum to Nixon, Rogers also explained the dangers posed to U.S. interests by unilateral Canadian action and outlined in detail the points he would convey to Ambassador Cadieux immediately after Nixon spoke to Trudeau.


--  369. Memorandum From the Under Secretary of State for Political Affairs (Johnson) to President Nixon, Washington, March 21, 1970 [Get Acrobat Reader PDF version   ] 

Johnson summarized the results of meetings held in Ottawa between a team of U.S. government representatives and Canadian officials.  He noted that although the Trudeau administration would likely moderate certain aspects of their impending Arctic legislation, domestic political pressures would likely produce a result adverse to U.S. interests.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 670, Country Files, Europe, Canada, March 1969-August 1970 (1 of 2).  Confidential.  A handwritten notation on the memorandum indicates the information was included in the President's Daily Brief for March 21.  An additional notation reads:  "OBE'D."  On April 1 the Canadian Government proposed legislation to control Arctic pollution, regulate fisheries, and extend territorial waters (External Affairs [Canada], May 1970, pp. 130-131).  On April 15 the Department of State lodged a formal protest with Ottawa, noting the potential impingement on U.S. interests and the likelihood of impairment to UN-sponsored sea law negotiations.  See Department of State Bulletin, May 11, 1970, pp. 610-611.


--  370. Memorandum From Robert Osgood of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, March 26, 1970 [Get Acrobat Reader PDF version   ] 

Osgood identified several significant developments that increased the urgency of reaching a decision about U.S. seabed policy.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970, (1 of 2).  Secret.  Sent for action.  A notation on the memorandum indicates a copy was sent to Haig and that he had seen it.  Another notation next to the subject line reads, "Re Urgency of Decision."  There is no indication of approval or disapproval of the recommendations.


--  371. Memorandum From Robert Osgood of the National Security Council Staff to the President's Assistant for Domestic Affairs (Ehrlichman), Washington, April 7, 1970 [Get Acrobat Reader PDF version   ] 

Osgood assessed the impact on domestic industries of a narrow continental shelf. He presented an alternative interpretation to that espoused by the Department of the Interior./P>

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970, (1 of 2). Secret. Sent for information.


--  372. Memorandum From Robert Osgood of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, April 8, 1970 [Get Acrobat Reader PDF version   ] 

Osgood outlined the possible effects on U.S. commerce of a narrow continental shelf boundary and a proposed international authority for seabed exploitation. He raised several policy questions related to the issue.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970, (1 of 2). Secret. Sent for information. Copies were sent to Haig and Lord. A notation on the memorandum indicates that Kissinger saw it on May 23. Tab A is published as Document 371.


--  373. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to President Nixon, Washington, May 8, 1970 [Get Acrobat Reader PDF version   ] 

Kissinger outlined policy alternatives the United States might adopt in international negotiations to determine the extent of national jurisdiction over the continental shelf and the nature of the regime governing seabed use beyond that boundary.  Kissinger recommended adopting either the Department of Defense position or the position proposed by Under Secretary of State Richardson. 

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 382, Subject Files, Seabeds, Volume II, March 1970-December 1970, (2 of 2).  Secret.  Sent for action.  The President initialed his approval of the Richardson position on May 20


--  374. Memorandum From the Assistant Legal Adviser for Politico-Military and Ocean Affairs (Neuman) to the Legal Adviser of the Department of State (Stevenson), Washington, May 13, 1970 [Get Acrobat Reader PDF version   ] 

Neuman proposed establishing a small consultative group of representatives from selected governments to negotiate Law of the Sea issues confidentially and build support for U.S. positions.

Source: National Archives, RG 59, Central Files 1970-73, POL 33-8. Confidential. A copy was sent to Oxman.


--  375. National Security Decision Memorandum 62, Washington, May 22, 1970 [Get Acrobat Reader PDF version   ] 

The President's Assistant for National Security Affairs Kissinger communicated to concerned Executive Branch agencies the decision taken by President Nixon on the principles to be adopted in international negotiations about continental shelf and seabed issues.

Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-055, SRG Meeting, Oceans Policy (NSSM 125) 7/12/71 [2 of 2]. Secret.


--  376. Statement Issued by President Nixon, Washington, May 23, 1970 [Get Acrobat Reader PDF version   ] 

The President proposed that the resources of the deep seabed be exploited as the common heritage of humankind, establishing a 12-mile limit for territorial seas, and a guarantee for free transit through international straits.

Source:  Public Papers: Nixon, 1970, (Washington, D.C.: Government Printing Office, 1971), pp. 454-456. 


--  377. Circular Airgram CA-3320 From the Department of State to All Diplomatic Posts, June 18, 1970, 1305Z [Get Acrobat Reader PDF version   ] 

The Department requested posts to communicate U.S. sea law positions to host governments and solicit responses.  The Department also addressed confusion about two parallel, but separate initiatives, one dealing with uses of the seabed, and the other concerning the regime for of the waters above the seabeds.

Source:  National Archives, RG 59, Central Files 1970-73, POL 33-6.  Confidential.  Drafted by Salisbury and Harrison on June 16; cleared by McIntyre, E, S/FW, L, Oxman, and the Departments of Defense and Interior; and approved by Stevenson.  Attached but not published were Richardson's May 27 statement, a Questions and Answers paper, a Factsheet, and Stevenson's February 18 speech.


--  378. Memorandum for the Record, Washington, July 25, 1970 [Get Acrobat Reader PDF version   ] 

Deputy Assistant to the President for National Security Affairs Haig warned Deputy Executive Secretary of the Department of State Robert Brown that the Department of the Interior was attempting to convince the President to revisit NSDM 62.  Brown informed Department of State Legal Adviser Stevenson, who indicated his intention to implement NSDM 62.

Source:  National Archives, RG 59, S/S-I Files:  Lot 83 D 305, Box 3, NSDM 62-5/22/70-Convention on Shelf and Seabeds.  Secret.  Prepared by Brown.  For NSDM 62, see Document 375. 


--  379. Memorandum From the Legal Adviser of the Department of State (Stevenson) to Secretary of State Rogers, Washington, July 29, 1970 [Get Acrobat Reader PDF version   ] 

Stevenson forwarded a draft Law of the Sea treaty prepared by an inter-agency task force.

Source:  National Archives, RG 59, S/S-I Files:  Lot 73 D 288, Box 9, General Files on NSC Matters, NSC/Misc-Seabed.  No classification indicated.  Sent for information.  Sent through S/S.  For Attachment 1, see Document 376.  Attachments 2 and 4 are dated July 29.  Attachment 3, August 3, is entitled, "Draft United Nations Convention on the International Seabed Area, Working Paper" and is available as UN Document A/AC.138/25.


--  380. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to Harry Dent of the National Security Council Staff, Washington, August 8, 1970 [Get Acrobat Reader PDF version   ] 

Kissinger emphasized the President's resolve to implement his seabeds decision, briefly explained the rationale behind that decision, and offered opportunities for input to domestic constituencies displeased with the policy.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 382, Subject Files, Seabeds, Volume II, March 1970-December 1970, (1 of 2).  Confidential.  Tab A is published as Document 376.  For Tab B, Richardson's statement before the Special Subcommittee on Outer Continental Shelf of the Committee on Interior and Insular Affairs, U.S. Senate, May 27, 1970, see Department of State Bulletin, June 15, 1970, pp. 737-739.  George Herbert Walker Bush (R-Texas) was a member of the House of Representatives from 1967-1971.


--  381. Memorandum From Charles Pittman of the Office of Ocean Affairs, Department of State to the Assistant Legal Adviser for Politico-Military and Ocean Affairs (Neuman), Washington, August 28, 1970 [Get Acrobat Reader PDF version   ] 

Pitman presented an analysis of Latin American attitudes about Law of the Sea matters that highlighted divisions between governments in Central and South America.

Source:  National Archives, RG 59, L/OES Files:  Lot 75 D 88, Box 1, untitled folder.  Confidential.  An August 28 cover letter from Neuman to the Law of the Sea Executive Group indicated that this document, prepared by the Law of the Sea Task Force, was circulated to the U.S. delegation to Buenos Aries negotiations and to those dealing with Law of the Sea and seabeds issues at upcoming UN meetings.  For the Lima Declaration, see UN Document A/AC.138/28, August 14, 1970.  Rogelio Valdivieso Eguiguren was Ecuadorian Minister of Foreign Affairs.  Robert McClintock was U.S. Ambassador to Venezuela.  Gonzalo Facio Segreda was Costa Rican Minister of Foreign Relations.


--  382. Airgram CA-5062 From the Department of State to the Mission to the United Nations, September 30, 1970, 1102Z [Get Acrobat Reader PDF version   ] 

Acting Secretary of State Irwin issued instructions on sea law matters for the U.S. Delegation to the UN General Assembly.

Source:  National Archives, RG 59, Central Files 1970-73, POL 33-6.  Limited Official Use; Priority.  Drafted by McIntyre on September 25; cleared by Stevenson, E, IO/UNP, S/FW, and the Departments of Interior and Defense; and approved by Herz.  Repeated to Bonn, London, Moscow, New Delhi, Paris, Rome, Tokyo, the Mission at Geneva, and USNATO. 


--  383. Memorandum From the Assistant Legal Adviser for Politico-Military and Ocean Affairs (Neuman) to the Legal Adviser of the Department of State (Stevenson), Washington, October 20, 1970 [Get Acrobat Reader PDF version   ] 

Neuman reviewed the range of national interests involved in Law of the Sea negotiations.

Source:  National Archives, RG 59, Central Files 1970-73, POL 33-8.  Secret.


--  384. Memorandum From Helmut Sonnenfeldt of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, December 21, 1970 [Get Acrobat Reader PDF version   ] 

Sonnenfeldt explained the circumstances surrounding, and impact of, the Canadian announcement establishing fisheries closing lines.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 670, Country Files, Europe, Canada, Volume II, Mar 70-Aug 71.  Confidential.  Sent for information.  In the last two sentences, Kissinger underlined from "seems to" through "committee" and wrote in the margin,  "Which one? To what end?"  Tab A, not published, is a December 18 memorandum from Eliot to Kissinger.  For Tab B, see Department of State Bulletin, February 1, 1971, p. 139.


--  385. Telegram 211200 From the Department of State to the Mission to the North Atlantic Treaty Organization, December 30, 1970, 2355Z [Get Acrobat Reader PDF version   ] 

In anticipation of upcoming NATO consultations on Law of the Sea issues, the Department summarized the relevant resolutions adopted by the 25th UN General Assembly.

Source:  National Archives, RG 59, Central Files 1970-73, POL 33-6.  Limited Official Use.  Drafted on December 28 by Oxman, Salisbury and Francis S. M. Hodsoll (IO/UNP); cleared by Stevenson and Herz, and in S/FW and EUR/RPM; and approved by Hillenbrand.  Repeated to USNMR SHAPE and USUN.


--  386. Memorandum From Helmut Sonnenfeldt of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, January 14, 1971 [Get Acrobat Reader PDF version   ] 

Sonnenfeldt updated Kissinger on the response by the Law of the Sea Task Force to the Canadian announcement establishing fisheries closing lines.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 670, Country Files, Europe, Canada, Volume II, Mar 70-Aug 71.  Confidential.  Sent for information.  Tab A is published as Document 384. 


--  387. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to Secretary of State Rogers and Secretary of Defense Laird, Washington, February 10, 1971 [Get Acrobat Reader PDF version   ] 

On behalf of the President, Kissinger directed the Secretary of State to submit, in conjunction with other agencies, options and recommendations for a negotiated settlement to the fisheries dispute with Ecuador.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 283, Agency Files, Department of State, Vol. X, 1 December 1970-15 April 1971.  Secret; Limdis.  Also sent to Secretary of Defense Laird. Copies were sent to the Secretary of the Interior, the Chairman of the Joint Chiefs of Staff, and the director of the CIA. Between mid-January and mid-February 1971, Ecuadorian naval vessels seized 18 U.S. fishing boats operating within the 200-mile exclusionary zone claimed by Ecuador. The Ecuadorian government imposed fines in excess of $850,000. On January 18, 1971, the United States government suspended military sales to Ecuador under Section 3(b) of the Foreign Military Sales Act, which states, “No sales, credits, or guaranties shall be made or extended under the Act to any country during a period of one year after such country seizes, or takes into custody, or fines and American fishing vessel for engaging in fishing more that twelve miles from the coast of that country. The President may waive the provisions of this subsection when he determines it to be important to the security of the United States or he receives reasonable assurances from the country involved that future violations will not occur, and promptly so reports to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate. The provisions of the subsection shall not be applicable in any case governed by any international agreement to which the United States is party.” On February 1, 1971 the government of Ecuador ordered all U.S. military personnel to leave the country. For the response to this document, see Foreign Relations 1969-1976, E-Vol. 10, American Republics, 1969-1972.


--  388. Transcript of Telephone Conversation Between Secretary of Defense Laird and the President's Assistant for National Security Affairs (Kissinger), Washington, April 9, 1971, 10:57 a.m [Get Acrobat Reader PDF version   ] 

Laird and Kissinger discussed the influence of private interests in Law of the Sea negotiations and Laird's concerns about national security. "Bill" refers to Secretary of State Rogers, who attended an Organization of American States meeting in San Jose, Costa Rica, from Tuesday, April 13 through Friday, April 16.  Brigadier General Robert Pursley was Military Assistant to the Secretary, Department of Defense.

Source:  National Archives, Nixon Presidential Materials, Kissinger Transcripts, Chronological File, Box 9, April 8-14, 1971. No classification.


--  389. Memorandum From the Legal Adviser of the Department of State (Stevenson) to Secretary of State Rogers, Washington, April 14, 1971 [Get Acrobat Reader PDF version   ] 

Stevenson summarized the historical development and current status of the South American fisheries dispute.

Source:  National Archives, RG 59, Central Files 1970-73, POL 33-8.  Confidential.  Sent for information.  Sent through S/S.  Drafted by Horace F. Shamwell, Ocean Affairs, Office of the Legal Adviser and Nordquist on April 13 and cleared by Oxman.


--  390. National Security Study Memorandum 125, Washington, April 21, 1971 [Get Acrobat Reader PDF version   ] 

On behalf of the President, Kissinger directed the Law of the Sea Task Force to examine options for accomplishing U.S. ocean policy objectives.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-055, SRG Meeting, Oceans Policy (NSSM 125) 7/12/71 [2 of 2].  Secret.  A copy was sent to the Chairman of the Joint Chiefs of Staff.  For NSDM 62, see Document 375.  For the President's statement of May 23, 1970, see Document 376. 


--  391. Memorandum of Conversation, Brasilia, Brazil, May 11, 1971, 10:00 a.m [Get Acrobat Reader PDF version   ] 

Department of State Legal Adviser Stevenson and other representatives sent by President Nixon met with Brazilian officials to discuss problems associated with Brazil's claim to a 200-mile limit.

Source: National Archives, RG 59, L/OES Files: Lot 75 D 88, Box 1, LOS Ecuador (January-July) 1971. Secret; Exdis. Drafted by Stephen Low on May 17. The meeting was held at the Brazilian Foreign Ministry.


--  392. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to President Nixon, Washington, May 20, 1971 [Get Acrobat Reader PDF version   ] 

Kissinger informed Nixon that he was waiting for the response to NSSM 125 before considering recommendations submitted by the Departments of State, Defense, and Commerce concerning South American fisheries disputes.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-183, NSSM Files, NSSM 125 [2 of 3].  Secret.  Sent for information.  For NSSM 125, see Document 390.  Kissinger sent a memorandum the same day to Rogers, Laird, and Stans, indicating that consideration of their recommendations concerning the fisheries disputes would be deferred pending completion of NSSM 125.  (Washington National Records Center, RG 59, OES/OLP/OCEANS Files:  Lot 90 D 180, Box 3, POL 33.14(c), CEP talks on fisheries)


--  393. Circular Airgram CA-2554 From the Department of State to All Diplomatic Posts, Washington, May 28, 1971, 1104Z [Get Acrobat Reader PDF version   ] 

The Department transmitted a summary and analysis of the March 1971 meeting of the Seabeds Committee, which served as the Law of the Sea Preparatory Committee.

Source:  National Archives, RG 59, Central Files 1970-73, POL 33-8.  Confidential.  Drafted by Pitman and McIntyre on May 5; cleared by McKernan, Herz, Oxman, EUR/CAN, ARA/LA/APA, AF/I, EA/RA, and NEA/RA; provided for information to Defense, Interior, and NOAA; and approved by Stevenson.


--  394. Memorandum From Richard Kennedy, Arnold Nachmanoff, and Marshall Wright of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, undated [Get Acrobat Reader PDF version   ] 

Kennedy, Nachmanoff, and Wright outlined alternatives for dealing with Brazilian territorial sea claims and related fisheries problems.  They recommended bilateral negotiations, preferably to begin in the autumn but immediately if necessary to avoid a crisis.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-224, NSDM Files, NSDM 111.  Secret.  Sent for action.  Sent under a May 27 covering note from Nachmanoff to Haig that reads:  "The Brazilian Navy is drawing up rules of engagement for June 1 on the fishing regulations which are due to go into effect.  This means we must make our approach-if the President approves our recommendation-no later than Monday."  Nachmanoff urged Kissinger to take the issue up with the President the next day.  Nachmanoff also noted that the Department of Commerce had just endorsed the Department of State's position.  There is no indication of approval or disapproval by Kissinger, but Document 395 indicates he brought the matter to the attention of the President.  In the penultimate sentence of the penultimate paragraph, the correction "negotiations with" is written between "entering into" and "Brazil."  For Tab 1, see Document 397.  Tab B is a May 25 memorandum from Rogers to Nixon.


--  395. Conversation Between President Nixon and his Assistant for National Security Affairs (Kissinger), Washington, May 29, 1971 

Nixon and Kissinger agreed that the highest priority for U.S. oceans policy should be to secure free navigation on the high seas and through international straits.

Source: National Archives, Nixon Presidential Materials, White House Tapes, Recording of conversation between Nixon and Kissinger, Oval Office, Conversation No. 507-4. No classification marking. The portion of the discussion transcribed was part of a conversation covering a variety of subjects that began at 8:13 a.m. and concluded at 10:32 a.m. The editor transcribed the portion of the conversation printed here specifically for this volume. Assistant to the President H. R. Haldeman was also present at the meeting but did not speak during the portion of the conversation transcribed.


--  396. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to President Nixon, Washington, May 29, 1971 [Get Acrobat Reader PDF version   ] 

Kissinger recommended negotiations with the Brazilian Government concerning the fisheries dispute.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-224, NSDM Files, NSDM 111. Secret.  Sent for action.  Nixon initialed his approval of the recommendation.  For the text of the NSDM attached at Tab A, see Document 397. 


--  397. National Security Decision Memorandum 111, Washington, May 29, 1971 [Get Acrobat Reader PDF version   ] 

President Nixon approved negotiations with the Brazilian Government concerning fisheries issues.  He stipulated that discussions should commence in autumn 1971 but could begin sooner if the Brazilian Government insisted.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-224, NSDM Files, NSDM 111.  Secret.  A copy was sent to the Secretary of Commerce.  Another copy was sent to Haig.


--  398. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to President Nixon, Washington, June 2, 1971 [Get Acrobat Reader PDF version   ] 

Kissinger informed Nixon of the Ecuadorian Government's decision to refrain from seizing U.S. fishing boats in waters claimed by Ecuador.  In exchange, Ecuadorian officials indicated that they hoped that U.S. military sales would be reinstated.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-055, SRG Meeting, Oceans Policy (NSSM 125) 7/12/71 [2 of 2].  Secret; Exdis.  Sent for information.  Published from an uninitialed copy.  Carlos Mantilla-Ortega was the Ecuadorian Ambassador to the United States.


--  399. Memorandum From Secretary of State Rogers to President Nixon, Washington, June 22, 1971 [Get Acrobat Reader PDF version   ] 

Rogers informed Nixon that, in exchange for an Ecuadorian promise to cease seizures of U.S. fishing vessels, the Department of State intended to release loans to Ecuador.  Rogers believed those actions would to improve relations with Ecuador and enhance the U.S. position on crucial Law of the Sea provisions. 

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-055, SRG Meeting, Oceans Policy (NSSM 125) 7/12/71 [2 of 2].  Secret. Attached was Section 620(o) of the Foreign Assistance Act of 1961 (as amended), which reads:  "In determining whether or not to furnish assistance under this Act, consideration shall be given to excluding from such assistance any country which hereafter seizes, or imposes any penalty or sanction against, any United States fishing vessel on account of its fishing activities in international waters.  The provisions of this subsection shall not be applicable in any case governed by international agreement to which the United States is a party." (Ibid.)


--  400. Analytical Summary Prepared by John Negroponte of the National Security Council Staff, Washington, undated [Get Acrobat Reader PDF version   ] 

The memorandum summarized the report prepared in response to NSSM 125

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-055, SRG Meeting, Oceans Policy (NSSM 125) 7/12/71 [1 of 2].  Top Secret. A draft dated June 22, 1971 is ibid., Box 382, Subject Files, Seabeds, Volume III, 1971. The summary was prepared to provide information for an upcoming SRG meeting on the topic (see Document 403). The summary drew upon a lengthy study, dated June 26, submitted to Kissinger in his capacity as Chairman of the NSC SRG by Stevenson in his capacity as Chairman of the Interdepartmental Ad Hoc Inter-Agency Group to Prepare a NSSM 125 Study (ibid.)


--  401. Memorandum From John Hedley of the Office of the Deputy Director for Intelligence, Central Intelligence Agency to Jeanne Davis of the National Security Council Staff, Washington, June 29, 1971 [Get Acrobat Reader PDF version   ] 


Hedley noted that certain options suggested in NSSM 125 might prove counterproductive and suggested considering long-range changes in technology when calculating national defense requirements.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-55, SRG Meeting, Oceans Policy (NSSM 125), 7/12/71 [1 of 2].  Top Secret.  John H. Hedley was a member of the Office of the Deputy Director for Intelligence. 


--  402. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to President Nixon, Washington, July 6, 1971 [Get Acrobat Reader PDF version   ] 
Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-183, NSSM Files, NSSM 125 [3 of 3].  Secret. 
--  403. Minutes of Senior Review Group Meeting, Washington, July 12, 1971, 4:30-6:45 p.m. [Get Acrobat Reader PDF version   ] 

The Senior Review Group met to consider NSSM 125 and to consider how to promote U.S. Oceans policy in international and bilateral negotiations.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-112, SRG Minutes, Originals, 1971.  Top Secret.  The meeting was held in the White HOuse Situation Room. For the attached instrucitons to the U.S. delegation to the UN Law of the Sea Preparatory Committee, see Document 405.


--  404. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to President Nixon, Washington, July 22, 1971 [Get Acrobat Reader PDF version   ] 

Kissinger reviewed the positions that might be adopted by the U.S. delegation to the Law of the Sea Preparatory Committee (the Seabed Committee).  He recommended accommodating the fisheries interests of other states, a more flexible approach to defining seabed boundaries, and emphasizing the importance of U.S. security interests with other delegations.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-226, NSDM Files, NSDM 122.  Top Secret.  Sent for action.  For Tab A as approved, see Document 405.  Nixon did not initial the recommendation, but the attached slip indicates that he approved the recommendation on July 22.


--  405. National Security Decision Memorandum 122, Washington, July 22, 1971 [Get Acrobat Reader PDF version   ] 

The President provided guidance for the U.S. delegation to the Law of the Sea Preparatory Committee and issued instructions concerning other aspects of U.S. oceans policy.

Source:  National Archives, RG 59, S/S-I Files:  Lot 83 D 305, Box 4, NSDM 122-7/22/71-US Oceans Policy.  Top Secret.  A copy was sent to the Chairman of the Joint Chiefs of Staff.  The document, as published, incorporates an amended second page that was circulated to all addressees on July 27.  Haig initialed the document, indicating that he had seen it.


--  406. Memorandum From Secretary of State Rogers to President Nixon, Washington, August 4, 1971 [Get Acrobat Reader PDF version   ] 


Rogers proposed a scenario for ending the suspension of military sales to Ecuador and resuming fishing negotiations with the Ecuadorian and Peruvian Governments.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 799, Country Files, Latin America, LA Gen., Vol. VI, Jul 71-1974.  Secret; Exdis.  For the text of Section 3(b) of the Foreign Military Sales Act, see the source note to Document 387.   


--  407. Memorandum From Arnold Nachmanoff of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, August 5, 1971 [Get Acrobat Reader PDF version   ] 


Nachmanoff explained the importance of resuming fishing negotiations with the Ecuadorian Government, and perhaps with the Peruvian and Chilean Governments, as quickly as possible.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 799, Country Files, Latin America, LA Gen., Vol. VI, Jul 71-1974.  Secret; Exdis.  Sent for action.  Sent to Kissinger through Haig.  Haig's handwritten notation on the memorandum reads:  "If no reply in 48 hours approve for President."  Concurred in by Levine, Clift, and Kennedy.  Haig initialed for Levine and Clift.  The attached memorandum is published as Document 408. 


--  408. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to President Nixon, Washington, August 9, 1971 [Get Acrobat Reader PDF version   ] 


Kissinger recommended a strategy for resolving the fisheries dispute with Ecuador, and possibly Peru and Chile, while simultaneously advancing U.S. oceans policy in Law of the Sea negotiations.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 799, Country Files, Latin America, LA Gen., Vol. VI, Jul 71-1974.  Secret; Exdis.  Sent for action.  A notation on the memorandum indicates that the President saw it.  Nixon initialed approval of the recommendation on August 11 and wrote, "K inform Connally," indicating he wished Kissinger to inform Treasury Secretary John B. Connally.  Tab A is published as Document 406.


--  409. Memorandum of Conversation, Washington, October 7, 1971, 10:00 a.m. [Get Acrobat Reader PDF version   ] 


The Spanish Ambassador to the United States Arguelles recounted his recent discussion with the Spanish Foreign Minister Lopez Bravo concerning Spain's straits policy, which was at odds with U.S. policy.

Source:  National Archives, RG 59, Central Files 1970-73, POL 33-8.  Confidential; Nodis.  Drafted by Landau.  The conversation was held in Johnson's office at the Department of State.


--  410. Memorandum From Acting Secretary of State Johnson to President Nixon, Washington, October 8, 1971 [Get Acrobat Reader PDF version   ] Source:  National Archives, RG 59, Central Files 1970-73, POL 33-8.  Secret. 
--  411. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to President Nixon, Washington, October 8, 1971 [Get Acrobat Reader PDF version   ] 


Kissinger summarized an attached memorandum from Secretary of State Rogers to Nixon that discussed recent Law of the Sea negotiations and assessed the prospects for acceptance of U.S. policy preferences.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 382, Subject Files, Seabeds, Volume III, 1971.  Secret.  Sent for information.  The attached document is not published.  Notations on the memorandum and the attachment indicate that Nixon saw them.


--  412. Memorandum Prepared by the Chairman of the Inter-Agency Task Force on the Law of the Sea (Stevenson), Washington, undated [Get Acrobat Reader PDF version   ] 

Legal Adviser Stevenson outlined the measures taken to implement U.S. oceans policy at the July-August meeting of the Seabeds Committee, acting as the Preparatory Law of the Sea Committee.  Stevenson concluded with proposals for future action.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-226, NSDM Files, NSDM 122.  Secret.  Sent under an October 14 covering memorandum from Eliot to Kissinger.  For NSDM 122, see Document 405.  A typed notation at the end of the memorandum reads, "This memorandum has been cleared with other agencies as appropriate."  The formal statements of the U.S. delegation at the Seabeds Commttee meeting were not annexed but are printed in United States Congress, Senate, Committee on Interior and Insular Affairs, 92nd Congress, 1st Session, December 1971, Part 1, The Law of the Sea Crisis:  A Staff Report on the United Nations Seabed Committee, the Outer Continental Shelf and Marine Mineral Development (Washington, D.C.:  Government Printing Office, 1972).  The Department sent a summary report containing similar information as circular telegram CA-4763 to all diplomatic posts on October 19. (National Archives, RG 59, Central Files 1970-73, POL 33-8)


--  413. Telegram 4815 From the Embassy in Spain to the Department of State, October 22, 1971, 1205Z [Get Acrobat Reader PDF version   ] Ambassador Hill described his conversation with General Franco after handing him President Nixon's letter. 

Source:  National Archives, RG 59, Central Files 1970-73, POL 33-8.  Secret; Priority; Exdis. 
--  414. Telegram 194015 From the Department of State to the Embassy in Spain, October 22, 1971, 1629Z [Get Acrobat Reader PDF version   ] 

The Department forwarded background information about the U.S. Law of the Sea position for Ambassador Hill to use in deliberations with Spanish officials.

Source:  National Archives, RG 59, Central Files 1970-73, POL 33-8.  Secret; Priority; Exdis.  Cleared with L/OA, EUR/SPP, S/S, and the White House. Approved by Stevenson.


--  415. Telegram 3859 From the Mission to the United Nations to the Department of State, October 26, 1971, 2230Z [Get Acrobat Reader PDF version   ] 


U.S. Ambassador to the United Nations Bush reported continued Spanish opposition to the U.S. position on international straits.

Source:  National Archives, RG 59, Central Files 1970-73, POL 33-8.  Limited Official Use.  Repeated to Madrid and Defense.  Sent with a request to pass to the Office of Ocean Affairs in the Department of Defense.


--  416. National Security Decision Memorandum 139, Washington, November 5, 1971 [Get Acrobat Reader PDF version   ] 

The President directed the Departments of State, Defense, and Commerce to pursue negotiations with the Chilean, Ecuadorian, and Peruvian Governments to resolve the fisheries dispute without conceding the U.S. position on crucial Law of the Sea issues.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 364, Subject Files, National Security Defense Memoranda, Nos 97-144.  Secret.  Copies were sent to the Departments of Interior and Transportation, the Director of Central Intelligence, the Chairman of the JCS, and the Assistant to the President for International Economic Affairs.  The Ad Hoc Group Report, authored by Stevenson, outlined scenarios and negotiating positions for dealing with South American fisheries disputes.  Accompanying memorandum communicated the views of the Department of State concerning the various options proposed and recommended an interim licensing arrangement.  Both are attached to an October 6 memorandum from Eliot to Kissinger.  (Ibid., RG 59, S/S-I Files:  Lot 83 D 305, Box 4, NSDM 122, 7/22/71-U.S. Oceans Policy)  A joint October 4 memorandum from the Departments of Defense and Commerce favored the status quo as long as South American governments made statements regarding freedom of navigation and free transit that did not contravene the U.S. position.  (Ibid., Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-226, NSDM Files, NSDM 122)


--  417. Telegram 224617 From the Department of State to the Embassy in Spain, December 14, 1971, 2022Z [Get Acrobat Reader PDF version   ] 

The Department transmitted the text of General Franco's reply to President Nixon on the international straits issue.

Source:  National Archives, RG 59, Central Files 1970-73, POL 33-8.  Secret; Exdis.  Drafted by Towell; cleared with L/OA, and in substance with the White House; and approved by Deputy Assistant Secretary Russell Fessenden (EUR).  Repeated to Quito for Stevenson.


--  418. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to President Nixon, Washington, January 2, 1972 [Get Acrobat Reader PDF version   ] 

Kissinger provided an update on fisheries dispute with Ecuador, Peru, and Chile.  He recommended a compromise with the Ecuadorian Government that would not prejudice the U.S. position on issues vital to national security.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-229, NSDM Files, NSDM 139.  Secret.  Sent for action.  There is no indication on the memorandum of Nixon's approval or disapproval of the recommendation, but Tab A, published as Document 419, issued instructions that follow the recommendations advanced in this memorandum.  Tab B is a December 24 memorandum to Kissinger from Irwin, in which he recommended a compromise with Ecuador that is encapsulated in NSDM 147 (Ibid.).  At Tab C is an undated draft of proposed amendments to the Fisherman's Protective Act.  Tabs B and C are not published.


--  419. National Security Decision Memorandum 147, Washington, January 4, 1972 [Get Acrobat Reader PDF version   ] 

The President approved submission to Congress of an amendment to the Fishermen's Protective Act and issued instructions for further negotiations with the Ecuadorian Government.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 364, Subject Files, National Security Defense Memoranda, Nos. 145-264.  Secret.  A note attached to a January 6 copy of this NSDM, which was addressed by McIntyre apparently to Samuel De Palma, reads:  "Sam:  Meyer, Stevenson and McKernan feel the emphasis placed on Ecuador's straits position is wrong and are trying to get greater negotiating flexibility from the White House."  (Department of State Files, OES/OLP/OCEANS Files:  Lot 90 D 180, Box 3, POL 33.14(c), CEP talks on fisheries).


--  420. Memorandum From the Under Secretary of State (Irwin) to the President's Assistant for National Security Affairs (Kissinger), Washington, January 6, 1972 [Get Acrobat Reader PDF version   ] 


Irwin recommended against requiring the Ecuadorian Government to support the U.S. position on freedom of transit through international straits as a quid pro quo for ending the ban on foreign military sales.

Source:  National Archives, RG 59, S/S-I Files:  Lot 83 D 305, Box 4, NSDM 147-1/4/72-Fisheries Dispute with Ecuador, Peru, and Chile.  Secret.  Drafted by Irwin and Stevenson and concurred in by Meyer and McKernan.


--  421. Memorandum From the Executive Secretary of the Department of State (Eliot) to the President's Assistant for National Security Affairs (Kissinger), Washington, January 8, 1972 [Get Acrobat Reader PDF version   ] 

The Department specified the reasons for accommodation with the Peruvian Government in order to reduce tensions over the fisheries dispute.

Source:  National Archives, RG 59, Central Files 1970-73, INCO-FISH US.  Secret.  Drafted in ARA/EP by R. L. Ridgway and cleared in ARA/EP by Deputy Director Richard F. Weber, and Executive Assistant B. Scott Custer, Jr., (U), in substance by McKernan, and in draft by Deputy Assistant Secretary John H. Crimmins (ARA) and Stevenson.  Copies were sent to Carter (Defense) and Johnson (NOAA).


--  422. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to Secretary of State Rogers, Secretary of Defense Laird, and Secretary of Commerce Stans, Washington, January 14, 1972 [Get Acrobat Reader PDF version   ] 

Kissinger informed Rogers, Laird, and Stans that President Nixon approved renewal of Foreign Military Sales to Peru.

Source:  National Archives, RG 59, Central Files 1970-73, INCO-FISH US.  Secret. 


--  423. Memorandum From the Chairman of the Inter-Agency Task Force on the Law of the Sea (Stevenson) to the President's Assistant for National Security Affairs (Kissinger), Washington, February 22, 1972 [Get Acrobat Reader PDF version   ] 


In preparation for the February-March 1972 session of the UN Seabeds Committee, Stevenson forwarded a report that recommended amendments to the U.S. negotiating positions indicated in NSDM 62 and NSDM 122.

Source:  National Archives, RG 59, S/S-I Files:  Lot 83 D 305, Box 4, NSDM 122-7/22/71-US Oceans Policy.  Unclassified.  No drafting information appears on the memorandum.  On March 1 Eliot sent a memorandum to Kissinger indicating that the Departments of State, Defense, Commerce, and Interior had cleared the report.  (Ibid.)  For NSDM 62, see Document 375.  For NSDM 122, see Document 405. 


--  424. National Security Decision Memorandum 157, Washington, March 13, 1972 [Get Acrobat Reader PDF version   ] 

The President approved instructions for the U.S. delegation to the preparatory meeting for the 1973 Law of the Sea Conference and requested a report to guide the development of subsequent negotiating positions.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 364, Subject Files, National Security Defense Memoranda, Nos. 145-264.  Secret.  A copy was sent to the Director of Central Intelligence.


--  425. Letter From Spanish Chief of State Franco to President Nixon, Madrid, March 15, 1972 [Get Acrobat Reader PDF version   ] 

Franco communicated Spanish objections to a section concerning free passage through straits in Nixon's February 9, 1972, foreign policy report to Congress.

Source:  National Archives, RG 59, Central Files 1970-73, POL SP-US.  No classification indicated.  Published from a copy that bears Franco's typed signature.  The letter was received in the Department of State and forwarded to Kissinger for the President by Eliot under a March 24 covering memorandum. (Ibid.)  Nixon's Report to Congress, "U.S. Foreign Policy for the 1970's:  The Emerging Structure of Peace" is published in the Department of State Bulletin, pp. 314-418.  See pp. 409-411 for the section that refers to ocean policy.


--  426. Memorandum From the Deputy Assistant to the President for National Security Affairs (Haig) to President Nixon, Washington, March 24, 1972 [Get Acrobat Reader PDF version   ] 

Haig reported that fisheries negotiations with the Brazilian Government had produced an acceptable draft agreement.  The pact enabled both parties to reserve their juridical positions until commencement of the Law of the Sea conference in 1973.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 772, Country Files, Latin America, Brazil, Vol. III, 8/1/71-12/72.  Confidential.  Sent for information.  Irwin signed the attached memorandum for Rogers.


--  427. Circular Airgram A-4339 From the Department of State to All Diplomatic Posts, Washington, May 1, 1972, 1028Z [Get Acrobat Reader PDF version   ] 

The Department updated posts about Law of the Sea negotiations, instructed posts to promote U.S. positions with host governments, and requested information about host government attitudes.

Source:  National Archives, RG 59, Central Files 1970-73, POL 33-8.  Limited Official Use.  Repeated to USNATO, Geneva, OECD, and USUN, CINCPAC for POLAD, and CINCEUR for POLAD.  Drafted by McIntyre and Otto Eskin (IO/UNP) on April 28; cleared in draft in IO, EUR/CAN, NEA/RA, AF, L/OA, S/FW, ARA, EA/RA, Defense, Commerce, NOAA, and Interior; and approved by Stevenson.


--  428. Memorandum From Ashley Hewitt of the National Security Council Staff to the  [Get Acrobat Reader PDF version   ] 

Hewitt informed Kissinger about the Department of State strategy for negotiating the fisheries dispute with Ecuador.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 793, Country Files, Latin America, Peru, Vol. III, 1/72-12/31/73.  Confidential.  Sent for information.  Tab A is attached but not published.


--  429. Memorandum From Denis Clift and Melvin Levine of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, May 25, 1972 [Get Acrobat Reader PDF version   ] 

Clift and Levine summarized the position of the Joint Chiefs of Staff and the Defense Department concerning free transit through and over international straits.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 383, Subject Files, Seabeds, Volume IV, 1972, (3 of 3).  Top Secret.  Sent for information.  The memorandum indicated that it was from Sonnenfeldt as well, but only Clift and Levine initialed it.  Tab B is UN Document A/AC.138/SC.II/L.4 (July 30, 1971).  The appendices cited in Tab A were not attached.


--  430. Circular Telegram 96469 From the Department of State to Multiple Posts, June 1, 1972, 1716Z [Get Acrobat Reader PDF version   ] 

The Department outlined U.S. interim policy concerning seabed uses and requested responses from certain governments.

Source:  Department of State Files, OES/OA/MLP Files:  Lot 92 D 208, Classified (interim policy documents), Santo Domingo Declaration.  Confidential; Priority.  Drafted by Oxman, McIntyre, and Ratiner (Interior); cleared in draft with EA/RA, EUR/CAN, S/FW, IO, DOD/ISA, and NOAA; and approved by Stevenson.  Sent priority to Bonn, Brussels, Canberra, Copenhagen, the Hague, London, Moscow, Oslo, Paris, Reykjavik, Rome, Tokyo, Valletta, Vienna, and Wellington.  Sent by pouch to all other diplomatic posts.


--  431. Memorandum From the Executive Secretary of the Department of State (Eliot) to the President's Assistant for National Security Affairs (Kissinger), Washington, June 1, 1972 [Get Acrobat Reader PDF version   ] 

Eliot forwarded Legal Adviser Stevenson's report on the February-March 1972 meeting of the U.N. Seabeds Committee, including information about concurrent bilateral discussions held with other delegations.

Source:  National Archives, RG 59, Central Files 1970-73, POL 338.  Confidential.  Robert T. Curran signed for Eliot.


--  432. Memorandum From Helmut Sonnenfeldt and Denis Clift of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, June 9, 1972 [Get Acrobat Reader PDF version   ] 


The memorandum summarized Legal Adviser Stevenson's report on the February-March 1972 U.N. Seabeds Committee meeting.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 383, Subject Files, Seabeds, Volume IV, 1972 (3 of 3).  Confidential.  Sent for information.  For Tab A, see Document 431.


--  433. Memorandum From the Chairman of the Inter-Agency Task Force on the Law of the Sea (Stevenson) to the President's Assistant for National Security Affairs (Kissinger), Washington, June 20, 1972 [Get Acrobat Reader PDF version   ] 

The memorandum summarized a lengthy report and accompanying instructions prepared for the U.S. delegation to the July-August 1972 preparatory meeting for the Law of the Sea Conference.

Source:  National Archives, RG 59, Central Files 1970-73, POL 33-8.  Secret.  Attached but not published is Attachment 1-Response to NSDM 157-consisting of 70 pages of detailed recommendations for the U.S. delegation to the July-August 1972 Seabeds Committee meeting.  For Attachment 2, see Document 431.


--  434. National Security Decision Memorandum 177, Washington, July 18, 1972 [Get Acrobat Reader PDF version   ] 

The President amended the instructions for the U.S. delegation to the July-August meeting of the UN Seabeds Committee (acting as the Preparatory Committee for the 1973 Law of the Sea Conference).  He amplified the importance of gaining international support for U.S. positions on exploitation of marine resources, determining territorial sea boundaries, and free transit in international straits.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 364, Subject Files, National Security Decision Memoranda, Nos. 145-264.  Secret.  Copies were sent to the Secretary of Transportation and the Director of Central Intelligence.  Section A, Recommendation 3 of the June 20 report (see Document 433) stated:  "Propose that the LOS treaty provide that state aircraft,* exercising the right of free transit provided for in the U.S. straits proposal, (a) will respect International Civil Aviation Organization (ICAO) standards, recommended practices and procedures as they apply to civil aircraft over the high seas, provided that they shall not be required to do so in special circumstances of operational necessity,** and (b) will at all times operate with due regard for the safety of navigation of civil aircraft.
* The term "state aircraft" includes military aircraft.  The aircraft of state-owned commercial airlines are considered "civil aircraft" and not "state aircraft".
** The U.S. should make clear that the flag State will determine when special circumstances of operational necessity exist."


--  435. Memorandum From the Deputy Assistant to the President for National Security Affairs (Haig) to President Nixon, Washington, August 15, 1972 [Get Acrobat Reader PDF version   ] 

Haig recommended accepting a compromise on the question of international straits at the July-August UN Seabeds Committee meeting. Nixon approved the recommendation.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-235, NSDM Files, NSDM 177 [1 of 2].  Confidential.  Sent for action.  Nixon indicated his approval of the position taken by the Departments of State, Commerce, and Interior.  Tab A, an August 14 memorandum from Irwin to Nixon, outlined in more detail the issues summarized by Haig.  (Ibid.)  Kissinger communicated the President's decision to the Secretaries of State, Commerce, and Interior in an August 15 memorandum.  (Ibid., RG 59, Central Files 1970-73, POL 33-8)

An attached note from Sonnenfeldt to Haig, August 15, reads:
"I have been watching this one with considerable pain.  I am sorry we ever got ourselves in the position of having to work with the Russians against the Spanish, but I guess that is the ineluctable result of both of us being major maritime powers, even if adversary ones.
 "On the particular issue, no matter what the agenda says, free transit will be an issue at the conference and we will find ourselves facing the difference of interests and perception between the maritime states and the straits states.  Maybe somewhere down the road there still is a chance for a separate deal with a country like Spain, but every day the clock ticks on for Franco, and once he is gone so will that chance.
 "I think we have no real alternative to going along with the State version but perhaps in making that decision we can find a form of words in a directive which also says that the agenda formulation is in no sense intended by the President to prejudice our substantive position." (Ibid., Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-235, NSDM Files, NSDM 177 [1 of 2])


--  436. Memorandum From Acting Secretary of State Irwin to President Nixon, Washington, August 29, 1972 [Get Acrobat Reader PDF version   ] 

Irwin proposed a scenario for breaking the deadlocked fisheries dispute with Ecuador while protecting the U.S. position on key Law of the Sea principles. 

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-237, NSDM Files, NSDM 194 [2 of 2].  Confidential.  The attachment was not found.


--  437. Memorandum From Secretary of Defense Laird to President Nixon, Washington, September 15, 1972 [Get Acrobat Reader PDF version   ] 

Laird registered Department of Defense concerns about the scenario for resolving the Ecuadorian fisheries dispute proposed by the Department of State.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-237, NSDM Files, NSDM 194 [2 of 2].  Confidential.


--  438. Memorandum From the Chairman of the Inter-Agency Task Force on the Law of the Sea (Stevenson) to the President's Assistant for National Security Affairs (Kissinger), Washington, September 29, 1972 [Get Acrobat Reader PDF version   ] 

In response to NSDM 177, Stevenson forwarded recommended instructions on law of the sea matters for the U.S. delegation to the 27th UN General Assembly.  He also forwarded a report on the July-August meeting of the UN Seabeds Committee.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-237, NSDM Files, NSDM 196.  Confidential.  Only the summary of the lengthy report on the July-August UN Seabeds Committee meeting, sent to the Department and all diplomatic posts on August 18 as telegram 3844 from Geneva, is published.  The full text of telegram 3844 is ibid.


--  439. Memorandum From Denis Clift of the National Security Council Staff to the President's Assistant for National Security Affairs (Kissinger), Washington, October 19, 1972 [Get Acrobat Reader PDF version   ] 

In preparation for the UN Conference on the Law of the Sea scheduled to commence in 1973, Sonnenfeldt and Clift reviewed timing, location, and representation issues that required consideration by President Nixon.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-237, NSDM Files, NSDM 196.  Confidential.  Sent for action.  Sent to Kissinger through Haig.  Concurred in by Kennedy.  The memorandum indicated that it was also from Sonnenfeldt, but only Clift initialed it.  For Tab A, see Document 441.  For Tab B, see Document 438.  Tab C includes brief letters indicating concurrence in the report and recommendations:  from the Department of State, Eliot to Kissinger, October 13, from the Defense Department, Laird to Kissinger, October 20, from the Commerce Department, Pollock to Kissinger, October 11, and from the Interior Department, Morton to Kissinger, October 12.


--  440. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to President Nixon, Washington, October 24, 1972 [Get Acrobat Reader PDF version   ] 

Kissinger informed Nixon of a proposed scenario for resolving the fisheries dispute with Ecuador.  Nixon approved lifting the suspension on Foreign Military Sales and a flat fee payment in exchange for informal assurances that the Ecuadorian Government would refrain from seizing U.S. fishing vessels within 200 miles of the Ecuadorian coast.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-237, NSDM Files, NSDM 194 [2 of 2].  Confidential.  Sent for action.  A notation on the memorandum indicates that Nixon saw it.  Nixon initialed approval of both recommendations.  Tab A is published as Document  436.  Tab B is published as Document 437.  At Tab C was a September 22 memorandum from Office of Management and Budget Director Caspar W. Weinberger to Nixon.  At Tab I was Presidential Determination 73-4, issued on October 27, which directed Rogers to inform Congress of the waiver but retained its classified status for national security reasons. (Ibid.)  Tab II is published as Document 442.


--  441. Memorandum From the President's Assistant for National Security Affairs (Kissinger) to President Nixon, Washington, October 26, 1972 [Get Acrobat Reader PDF version   ] 

Kissinger recommended that Nixon approve a NSDM dealing with questions arising from preparations for the 1973 UN Law of the Sea Conference.  Nixon approved the recommendation.

Source:  National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-237, NSDM Files, NSDM 196.  Confidential.  Sent for action.  A notation on the memorandum indicates that Nixon saw it.  Nixon initialed his approval.  For Tab A, see Document 443.


--  442. National Security Decision Memorandum 194, Washington, October 27, 1972 [Get Acrobat Reader PDF version   ] 


In an attempt to resolve the Ecuadorian fisheries dispute, while safeguarding U.S. oceans policy, the President authorized a resumption of military sales to Ecuador and approved bilateral negotiations.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 364, Subject Files, National Security Decision Memoranda, Nos. 145-264.  Confidential.  A copy was sent to the Director of Central Intelligence.


--  443. National Security Decision Memorandum 196, Washington, October 31, 1972 [Get Acrobat Reader PDF version   ] 

The President approved instructions for the U.S. delegation to the UN General Assembly regarding the timing, location, and program of work for the 1973 Law of the Sea Conference.

Source:  National Archives, Nixon Presidential Materials, NSC Files, Box 364, Subject Files, National Security Defense Memoranda, Nos. 145-264.  Confidential.  Copies were sent to the Secretary of Transportation and the Director of Central Intelligence.  The General Assembly adopted a resolution on December 18 that provided for an organizational session of UNCLOS III in November-December 1973 and a substantive session in April-May 1974.  The resolution expressed the expectation that subsequent sessions of UNCLOS III would convene until an agreement was concluded.  The General Assembly also called for an accelerated work schedule for the Seabed Committee during 1973 (UN Document A/RES/3209(XXVII))


--  444. Airgram A-12376 From the Department of State to the Embassy in the United Kingdom, December 23, 1972, 0826Z [Get Acrobat Reader PDF version   ] 

The Department informed concerned posts of private consultations between the governments most interested in deep seabed exploitation.

Source:  National Archives, Central Files 1970-73, POL 33-8.  Confidential.  Drafted by Oxman on December 21;cleared with IO/UNP, EA/RA, EUR/CAN, EUR/GER, EUR/SOV, and L/OA; and approved by Stevenson.  Also sent to Moscow, Paris, Tokyo, USUN, and Geneva. Repeated to Bonn.  The enclosure entitled "Comparison and Analysis of Seabeds Regime and Machinery Proposals," summarized and assessed ideas for organization and operation of an international deep seabed exploitation agency.


  
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