Foreign Relations of the United States, 1969–1976, Volume IX, Vietnam, October 1972–January 1973

326. Backchannel Message From the Ambassador to Vietnam (Bunker) to the President’s Assistant for National Security Affairs (Kissinger)¹

Saigon, January 22, 1973, 0850Z.

349. Ref: WHS 3107.²

1. I delivered the President’s letter and the draft note to Thieu at noon today. Thieu seemed pleased with the letter and with the revisions in the note conforming to points made in his letter of January 21, especially with the President’s offer to state our views publicly along the same lines.

2. In response to my question whether he would make a statement at the same time or immediately following the President’s speech Thieu said that what he would say would depend in part on what the President planned to say and what FonMin Lam reported from Paris. He asked whether we could supply an outline of what the President proposed to say which would be helpful to him in planning his own statement; he would appreciate having this as soon as possible. I informed him that present plans called for the President to speak at 2200 January 23, which would be 1100 January 24, Saigon time.

3. Thieu said that there were two important points in connection with the protocols on the Joint Military Commissions on which he had asked FonMin Lam to concentrate:

1) Police force: Thieu said that as far as he was aware no police force anywhere was prevented from having weapons necessary to maintain law and order. He believes that in the case of the protocols the limitation should be only on the use of police weapons, i.e., a prohibition on their being used to provoke hostilities or violate the ceasefire. I called his attention to the statement in the President’s letter that if we failed to obtain the proposed modification we will interpret the phrases in the protocol “unusual circumstances” in a way that gives us the necessary latitude.

2) VC cadre having diplomatic immunity: Thieu suggested that some limitation be placed on the number or eligibility of those entitled to diplomatic immunity or restricting diplomatic immunity to certain rank levels. In any case there should be a prohibition against using diplomatic immunity to spread propaganda. Perhaps some wording along the following or similar lines might cover this point: “Members of the Joint Military Commission are explicitly barred from undertaking any political, proselytizing or any other activity intended to influence, change or otherwise alter the political situation of the area in which they are stationed by virtue of their membership in the Joint Military Commission.”

4. I said that Dr. Kissinger planned to meet with FonMin Lam this evening on his arrival in Paris and would see him both before and after the meeting tomorrow.

5. Thieu appeared more cheerful and relaxed today than last night when he seemed rather discouraged and resigned. He has clearly crossed the bridge.

6. More power to you. My prayers are with you. Warm regards.

1. Source: National Archives, Nixon Presidential Materials, NSC Files, Box 860, For the President’s Files (Winston Lord)—China Trip/Vietnam, Sensitive Camp David, Vol. XXIV. Top Secret; Operational Immediate; Sensitive; Exclusively Eyes Only.
2. Document 325. This message included the President’s letter and the draft note mentioned in paragraph 1.