Since the war the military forces have from time to time requested the
Department of State to obtain, through diplomatic channels, various military
rights, including base rights in foreign territories. Some of these
negotiations have been successful; others have not made available to U.S.
Forces the military facilities which are considered essential for national
security. With the thought in mind that a complete review and survey of what
we require in the way of foreign military rights would be extremely useful
to the Department of State, Secretary Forrestal several months ago requested
the Joint Chiefs of Staff to study the matter and place in one broad pattern
the various requirements and desires of the military forces. This project
has just been completed and the requirements stated supersede all previous
requests for military rights which have been submitted by the military
departments.
The National Military Establishment is charged with the responsibility of
providing an adequate defense for the United States, to assist in preserving
international security, and if war comes, to wage war successfully. In
planning our strategy for carrying out these functions we require suitable
positions from which to employ the manpower and materials which make up the
national military effort. We must have certain positions available and
adequately developed prior to any attack. In Some cases the continental
defense of the United States will require foreign facilities. In other
cases, our capability for retaliatory action, which may be one of the
indispensable elements of our strategy in a future war, will depend
importantly on foreign bases. I am sure that it is not necessary to belabor
the point, but I do wish to urge upon you a thorough study of this document
which has been strongly recommended by the Joint Chiefs of Staff as a basis
for your action.
With regard to the security of the strategic information contained in the
JCS study, I want to tell you that we
are giving this paper only a very limited distribution within the NME and trust that it will be possible for you
to take special precautions appropriately restricting the distribution and
use of the five copies which are enclosed.
In the light of the foregoing and the strong recommendation of the Joint
Chiefs of Staff, I would like to suggest that after you and your staff have
had an opportunity to study these recommendations that you may desire to
define the general principles and to outline a course of procedure to be
followed in the acquisition of military rights for the United States.
We in the Military Establishment recognize the need for the closest
correlation of our strategic planning with matters of U.S. foreign policy.
In this instance we regard prompt and effective cooperation to be
particularly important and, for this reason, we are planning to coordinate
in my office the handling of matters connected with these requirements,
including such review and revision as may become necessary. It is
anticipated that a specific agency or individual will be assigned to
cooperate with your representatives in working out the details in each case.
Thus, if you would outline a course of action, I will immediately arrange
for the expeditious performance of whatever functions need to be performed
by the Military Establishment.
[Enclosure]
Study Prepared by the Joint Chiefs of Staff2
top secret
[Washington, undated.]
Views of the Joint Chiefs of Staff on Military
Rights in Foreign Territories
1. The Joint Chiefs of Staff have prepared this study to serve as a basis
for their recommendations as to required and desired military rights.
They consider that the matter of base rights is inseparably related to
that of military rights of all types, and have covered, therefore, the
broader requirement in their over-all review. Accordingly, they
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have reviewed the over-all
situation with respect to military* rights, including
base rights, in foreign† territories.
2. Categories. For clarity in determining and
analyzing the rights requirements of the National Military
Establishment, these are summarized on Chart, Annex “A”,3 in three categories as defined
below:
a. Category I: Normal Peacetime
Conditions: Those rights, the exercise of which is required or
desired for the fulfillment of the continuing peacetime commitments and
responsibilities of the National Military Establishment.
b. Category II: Wartime
Requirements: Those rights, the exercise of which is required
or desired for the implementation of war plans, subsequent to the outbreak of hostilities.
c. Category III: Peacetime
Implementation of Plans: Peacetime rights required or desired
for the implementation of war plans. These rights consist of a prewar
extension in selected instances of wartime rights above.
3. Priorities. For purposes of indicating
priorities the rights have been regrouped, regardless of category, into
three general priorities: those required as a matter
of urgency, those required, and those
desired. No priority is indicated or
considered necessary between items in each class priority.
4. Explanation of Priorities. Required peacetime
rights are limited to those which are needed in the performance of
assigned missions. No rights have been shown as required unless the need
has been established and an interested Service (or Services) has
indicated intent to exercise them subject to the availability of funds,
where pertinent, or quid pro quo arrangements in
lieu thereof. Conversely, desired rights are furnished for guidance
only. Desired rights are of less importance than those set forth as
required; and the interested Service (or Services) has not necessarily
indicated an intent to exercise these rights within a specified time.
The Joint Chiefs of Staff consider that it is most important to obtain
all required rights listed in this study at the earliest practicable
date and by the most propitious means. All required rights set forth,
however, are not needed as a matter of urgency, timewise. Military
rights required as a matter of urgency include only
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those which have been determined, in the
military view, to be essential in the national interest, and those
considered necessary in the light of current joint war planning or for
the discharge of peacetime responsibilities for which no satisfactory
provision has been or is likely to be made through temporary agreements
or alternate arrangements.
5. Military rights which are required as a matter of
urgency, timewise:
a. A firm, recognized agreement assuring, at
minimum, United States long-term rights in Greenland equivalent to those
now exercised, and in addition, the right to install and operate a Loran
Navigation facility.
b. The right to supplement the British effort to
improve the medium bomber bases of Abu Sueir, Suez Canal Zone;
Khormaksar, Aden; and such other air bases in this area as may be
necessary to implement current emergency war plans; and the following
bases in the U.K.: Brize Norton, Upper Hey ford, Fairford, and one
additional base, in the United Kingdom.
c. Unlimited landing rights at Port Lyautey,
Morocco.4
d. The right to use, jointly or on a lodger
basis, and improve the French North African naval air bases of
Karouba/Sidi Amed, Thiersville, and Tafaraoui/Lartigue.
e. The right to develop and use an amphibious
training base, in French North African territory, preferably at Arzeu
Bay near Oran.
f. The right to additional space at or near that
currently granted at Lagens Field, Terciera Island, Azores, and to erect
and operate Air Force and Navy communication facilities thereon.5
g. The right to erect, maintain, and operate Air
Force and Navy communication facilities on the Island of Ceylon.
h. The continuation of present U.S. rights in
Saudi Arabia on a long-term basis.
i. The right to conduct security and defense
planning at military level with the Dutch Colonial authorities in Aruba
and Curacao, Dutch West Indies.
j. The right to install, maintain and operate an
Air Force communication facility in Aden.
6. Required Military Rights. The Joint Chiefs of
Staff consider that the following required
military rights, although not required as a matter of urgency, timewise,
are of equal importance as those in paragraph 5 above, and should be
obtained on the highest priority with due regard to the appropriateness
of the means and timing of negotiations.
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a. Greenland, Iceland,6 and
Azores: Interminant rights to establish, occupy, maintain and
operate military installations and facilities as considered essential to
the security of the United States and the defense of these areas.
b. Canada:
- (1)
- Continuation on a firm basis of rights presently exercised at
Goose Bay, Labrador.
- (2)
- Reaffirmation on change of sovereignty of the military rights held in Newfoundland
under 99-year base agreement.7
- (3)
- The right to develop, maintain, and operate a heavy bomber
base and a jet fighter base in Newfoundland.
- (4)
- Additional rights as necessary to cover the use, operation,
and maintenance of communication facilities (pole lines) to and
between leased bases in Newfoundland.
c. Eritrea:8 A firm long-term agreement assuring the
continued right to maintain and operate existing communication
facilities at Asmara, Eritrea.
d. Libya: Right to maintain, develop, occupy and
use an airfield and military base at Tripoli on a long-term basis.
e. United Kingdom:
- (1)
- Indefinite continuation of rights to base and maintain United
States Air groups in the United Kingdom.
- (2)
- Right to supplement British effort to maintain and improve
communication, port, and logistics facilities.
- (3)
- Rights to provide by cooperative effort a long-range proving
ground in and over the territory and territorial waters of the
Bahama Islands to be utilized by the United States and the
United Kingdom for the flight-testing of, and training with,
guided missiles and other equipment.
f. French Territories:
- (1)
- Limited development and use of a military base in the
Casablanca-Port Lyautey area.
- (2)
- Unlimited rights of air transit and technical stop throughout
North Africa.
- (3)
- Clarification of the application of rights granted in the
Civil Affairs Agreement with respect to French Pacific Island
possessions.
g. The right to maintain stockpiles of Avgas,
navy fuels, materiel, and ammunition as necessary, is required in the
following areas. This right is currently being exercised under local
agreements at those sites
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underlined below, in which cases long-term confirmation of the rights is
necessary.
Ceylon |
(Trincomalee) |
Greenland |
(Selected bases) |
Iceland |
(Meeks Field and
Reykjavik) |
Italy |
(Amendola, Naples,
Pozzuoli) |
Labrador |
(Goose Bay) |
Azores |
(Lagens, Ponta del Gada, Horta) |
Turkey |
(Selected air bases) |
United Kingdom |
(As mutually agreed) |
Malta |
(As mutually agreed) |
Gibraltar |
(As mutually agreed) |
Eritrea |
(Massawa, Asmara) |
Morocco |
(Casablanca, Port
Lyautey) |
Algeria |
(Mers el Kebir, Oran, Algiers) |
Tunisia |
(Bizerte, Tunis) |
Libya |
(Wheelus Field) |
Saudi Arabia |
(Dhahran) |
Egypt–Suez Canal Zone and Aden Protectorate |
(As mutually agreed) |
h. Saudi Arabia: Rights as necessary to the
limited development, manning, and stockpiling of a military base in this
area to include the stationing of defensive forces thereat. (In the
event these rights are denied at Dhahran, they should be obtained at
Bahrein Island.)
i. Egypt:
- (1)
- Right to base fleet units, including carrier and patrol
aircraft in the Alexandria Harbor–Abu Qir Bay area, and to make
necessary improvements to naval and naval air facilities in that
area.
- (2)
- Renewal of 1947 rights of air transit and technical stop to
include unlimited rights of overflight as necessary for access
to British bases in the Suez Canal Zone.
- (3)
- Right to survey the Alexandria-Cairo-Suez area for Army
garrison and base facilities.
j. Belgium, Luxemburg, Metropolitan France and
Netherlands:
- (1)
- Continuation of present rights for the duration of occupation
of Germany and Austria is a minimum requirement.
- (2)
- French governmental confirmation is required of military plans
for the utilization of ports and Line of Communications‡ facilities necessary to establish a
LOC through France for the
support of occupation forces in Germany and Austria, should its
use become necessary.
[Page 307]
k. India, Pakistan, Dutch Guiana, Iraq, Trans Jordan,
Burma, and Ceylon: Continuation on a long-term basis of air
transit rights and technical stop.
l. China: Continuation of present rights in
Nationalist China.
m. Italy:
- (1)
- The right to supplement, if necessary, Italian Air Force
efforts to maintain and stockpile Amendola air base, Foggia,
Italy.
- (2)
- Continuation of present rights for duration of U.S. occupation
of Trieste and Austria.
- (3)
- Italian governmental confirmation is required of military
plans for the utilization of ports and LOC facilities necessary to establish a LOG through
Italy for the support of occupation forces in Trieste and
Austria should its use become necessary.
n. Christmas and Canton Islands:9 Permanent
rights for the use of military facilities on these islands are required
regardless of the settlement which may be made with respect to
sovereignty claims.
o. Greece and Turkey:
- (1)
- Continuation of present rights for the duration of aid
programs,
- (2)
- Right to supplement through the current Turkish aid program
Turkish effort in the development of a military base in the
Iskenderon–Adana area,
p. Latin American Republics:
- (1)
- Continuation of current agreements with Central American
countries, relative to air transit and technical stop on the air
route between the United States and the Canal Zone.
- (2)
- Continuation on a long-term basis of military rights,
privileges and arrangements with Brazil equivalent to those
provided under present agreements.10
- (3)
- Rights to conduct security and defense planning with Venezuela
as necessary to assure the protection of oil areas.11
7. Desired Military Rights. The Joint Chiefs of
Staff consider that certain additional rights of lesser immediate
importance than those above, are desirable in peacetime. These, together
with the military rights required or desired in wartime, have not been
included above, but are summarized on Chart, Annex “A”. These desired
military rights are set forth as guidance to indicate the lesser
immediate needs of the National Military Establishment which should be
met whenever the political opportunity presents itself and which may be
introduced, where pertinent, within the machinery of regional defense
agreements when established.
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8. Present Military Rights. The military rights
currently enjoyed, other thaji 99-year leases, consist principally of
rights obtained for the support of occupation forces. It is not
considered that these rights can be materially reduced at this time.
9. Standardization. Existing rights of air
transit, technical stop, naval visit, and for the functioning of
military missions are not uniform among the several countries with which
such agreements are in effect. To date, these rights have been
negotiated through agreements varying from treaties to informal
understandings. The provisions of agreements for rights of this nature
vary widely with different countries, and the limitations imposed by,
and limited duration of, many of these agreements necessitate constant
correspondence, negotiations and modifications by the National Military
Establishment and the Department of State. The provisions of all of
these rights should be standardized in nature, scope and duration to the
greatest extent possible. These rights should be on a reciprocal basis
wherever pertinent in order to reduce the barriers to friendly
intercourse with signatory nations.
10. The Joint Chiefs of Staff recommend, therefore, that the Department
of State review existing agreements for rights of air transit, technical
stop, naval visit, and the functioning of military missions. The North
Atlantic Pact, military aid agreements, and existing regional agreements
appear to provide a suitable basis for the adoption by signatory
nations, where pertinent, of standard, long-term, reciprocal agreements
for rights of this nature. As practicable, existing agreements with
other nations should be revised and opportunity taken to reach such
agreements when none exist. The form and provisions of standard
agreements proposed by the Joint Chiefs of Staff are set forth in
Annexes “B”, “C”, and “D”.12 These are provided as a suggested form for use by
the Department of State in obtaining, from foreign nations, acceptance
of the principle of standardizing these rights.
11. Negotiation for Military Rights. The Joint
Chiefs of Staff have considered the opportunity which may be presented
by the North Atlantic Pact and military aid programs to obtain military
rights of all categories. Cognizance has been taken of the comments of
Mr. Lovett, the Acting Secretary of State, with respect to the
desirability of bilateral and multilateral negotiations for rights, as
set forth in his letter of January 17, 1949, to the Secretary of
Defense.13 The Joint
Chiefs of Staff have also considered the proposed statements
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of United States policy
concerning the foreign military assistance programs (FACC D–314 and FACC D–3/115)
as forwarded on February 8, 1949, for their comments by the Secretary of
Defense.
12. In general, military rights required should be obtained by the most
propitious means available. Bilateral agreements are desirable for the
achievement of required rights and are essential for the achievement of
rights required as a matter of urgency or wherever it may be
subsequently determined that sole rights are desired. The negotiation of
military rights through the machinery of regional defense agreements has
not been successful under past agreements of this nature. The use of
this means, therefore, in the future must be contingent on recognition,
in regional defense agreements, that military rights will be considered,
and on the establishment of adequate machinery to assure that
negotiations are undertaken promptly.
13. Rights currently required should be negotiated bilaterally insofar as
possible, utilizing as appropriate the principle of quid pro quo in all countries where military or economic aid
is provided. Even though the interested Service (Services) has (have)
indicated an intent to exercise any required peacetime right (as listed
herein) obtained, subject to the availability of funds, the Joint Chiefs
of Staff wish to emphasize that the principle of quid
pro quo or of mutual assistance should be applied wherever
possible, not only to the obtaining of rights, but also to the
fulfillment of U.S. requirements envisaged under those rights. Wherever
possible the provision and maintenance of facilities for the use of U.S.
military forces as envisaged herein should be undertaken by the country
of sovereignty.
14. The Joint Chiefs of Staff consider that henceforth provisions must be
made in military aid agreements and regional defense agreements for the
continuing consideration of military rights. Such provisions should take
the form of articles recognizing the principles involved and providing
the necessary terms of reference to bind the signatory nations to
positive action. The following draft articles are set forth as being
indicative of the nature of guarantees required. It is not intended that
the exact wording of these articles be adopted, but it is considered
that provisions in each treaty of agreement should provide the
equivalent of these guarantees.
-
a.
-
Category I: Normal Peacetime Conditions:
Article: The signatory nations
agree that peacetime rights of air transit and technical
stop of military aircraft and for visit and anchorage of
naval vessels (and provision for military missions and
advisory groups where pertinent) should be set forth and
standardized (under the terms of this pact or in
long-term,
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reciprocal, collective agreements). In recognition of
this requirement, the several nations agree to institute
talks, at a military level, as necessary, to develop
mutually satisfactory agreements for consideration of
their respective governments. (Proposed provisions for
such an agreement are furnished as a guide, Annexes “B”,
“C” and “D”)
-
b.
-
Category III: Peacetime Implementation of
Plans:
(1) In collective defense pacts.
Article: The several nations
recognize that implementation of Article ——— (mutual
defense or support article) in the event of war will
require, in certain selected instances, peacetime
preparation of a military nature, for the maintenance of
an acceptable degree of readiness for defense. To assure
that the forces of said nations can be suitably employed
in any or all of their territories for the common
defense, it is agreed that any nation may grant to
another military rights in its sovereign territories in
peacetime, subject to the collective approval of such
agreements, by signatory nations.
(2) In bilateral aid agreements.
Article: The signatory nations
agree that in furtherance of the common defense
interests, each nation recognizes the need which the
other may have from time to time to effectuate
preparations within the territory of the other, in time
of peace to permit the rendering of timely aid to each
other. In recognition of this interest, the signatory
nations agree to conduct talks, at military level, as
necessary to develop mutually satisfactory agreements
for military rights to fulfill this requirement.
15. The Joint Chiefs of Staff recognize that the Department of State
cannot be expected to negotiate for pertinent military rights on foreign
soil on a blank-check basis. The nature of these rights necessitates
that the United States set forth, in each instance, its intentions with
respect to exercising these rights should they be granted. The National
Military Establishment, however, cannot commit itself to the budgetary
expenditure requisite to the use of such rights without approval from
the legislative branch and the legislative branch cannot be expected to
grant such approval unless adequate security for the investment, in
terms of rights, can be assured. Hence, it is considered that diplomatic
negotiations must be directed toward obtaining initially, in each
instance, the rights desired in broad terms, indicating for bargaining
purposes what the National Military Establishment hopes to accomplish.
Within these broad terms detailed planning can and will be conducted at
military level or within the machinery of regional defense agreements if
pertinent, A general outline of the actions envisioned as being taken to
implement the more important rights requested is set forth in Annex
“E”16 as guidance for
negotiating such rights.
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16. If further background information is required by the Department of
State, the Joint Chiefs of Staff are prepared to furnish the necessary
information on specific areas to selected representatives of the
Department of State.
17. The Department of State may be advised that the requirements herein
supersede all previous requests for military rights submitted by the
National Military Establishment.