Foreign Relations of the United States, 1969–1976, Volume VII, Vietnam, July 1970–January 1972

247. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to Secretary of State Rogers and Secretary of Defense Laird¹

Washington, August 18, 1971.

SUBJECT

• Herbicides in Vietnam

The President has reviewed the memoranda of the Secretary of Defense and the Secretary of State, respectively dated May 13² and June 24,³ 1971, on the subject of herbicide use in Vietnam. The President has made the following decisions:

• —The planned phase-out of the herbicide operations in Vietnam and, as necessary, the introduction of alternate means for clearing perimeters be completed as rapidly as possible and not later than December 1, 1971.
• —Until December 1, 1971, subject to the outcome of the current Geneva Protocol review⁴ and the NSSM 112 study,⁵ American Embassy Saigon and COMUSMACV have joint authority to use herbicides around fire bases and U.S. installations when considered essential for the protection of U.S. and allied forces in those cases where other means are not possible or available. (Use will continue to be restricted to perimeter of fire bases and U.S. installations, and conducted by only helicopter or ground-based spray equipment under the same regulations as apply in the United States. Alternative means should be utilized whenever feasible.)
• —The question of whether the U.S. should assist the South Vietnamese to develop a herbicide capability should be considered as a separate issue, not linked to the U.S. phase-out program. Pending the President’s decision on any proposed plan for such assistance, there should be no actions or statements which would in any way encourage the South Vietnamese to acquire or develop a herbicide capability.

The Department of Defense should prepare an appropriate public release, in coordination with the Department of State and the White House.

Henry A. Kissinger

1. Source: National Archives, Nixon Presidential Materials, NSC Files, Box 156, Vietnam Country Files, Viet Aug 71. Secret. A copy was sent to the Chairman of the Joint Chiefs of Staff. Kissinger sent this memorandum to Nixon under a covering memorandum, August 13, in which he argued that while political disadvantages of extending the phase-out of the program into December would be significant, the use of herbicides to protect U.S. troops was the overriding concern. Nixon initialed Kissinger’s August 18 covering memorandum, indicating his approval.
2. Foreign Relations, 1969–1976, volume E–2, Documents on Arms Control and Non-proliferation, 1969–1972, Document 229. According to a transcript of a telephone conversation between Kissinger and Laird on August 17, 8:25 a.m., the Secretary of Defense inquired, “I wonder if the President understands the problem I am having on herbicides around fire bases.” Kissinger explained that the President had just extended operations until December 1 but that Laird had not yet received the memorandum. (National Archives, Nixon Presidential Materials, Kissinger Telephone Conversations, Box 11, Chronological File)
3. Foreign Relations, 1969–1976, volume E–2, Documents on Arms Control and Non-proliferation, 1969–1972, Document 231.
4. Kissinger ordered an interagency review on June 28 to plan for the Senate’s advice and consent to ratify the 1925 Geneva Protocol, an agreement to forswear the use of all chemical and biological weapons. His memorandum to Rogers and Laird is ibid., Document 232.
5. Nixon issued NSSM 112 on January 7; see ibid., Document 210.