30. Action Memorandum From the Assistant Secretary of State for Inter-American Affairs (Kubisch) to Secretary of State Kissinger1

Approval of the “Joint Statement of Principles” on the Panama Canal

As Ambassador Bunker has informed you, he and Panamanian Foreign Minister Tack on January 7 initialed, ad referendum their respective governments, a set of eight principles (Tab A)2 which are to serve [Page 85] as guidelines in negotiating a new, modern treaty arrangement governing the Canal. Subsequently you agreed to travel to Panama on February 6–7 to participate in the signing ceremony with Foreign Minister Tack. In preparation for this event we need your formal approval of the principles on behalf of this Government.

The principles negotiated by Ambassador Bunker are consistent with existing presidential guidelines for the treaty negotiations (Tab C).3 I have asked the Department of Defense for formal concurrence in the principles. The clearance, which covers DOD, JCS and the Department of the Army, is at Tab D.4 With reference to the last paragraph of the Defense statement, Ambassador Bunker has well in mind that in the formal treaty negotiations it will be necessary under existing presidential guidelines to incorporate provisions guaranteeing that upon the treaty’s termination the Canal will remain open to all world shipping without discrimination at reasonable tolls, and that Panama will not hamper the Canal’s efficient operation. In the Ambassador’s judgment that provision, and many other provisions of interest to the United States, constituted details which were not suitable for inclusion in a statement of broad principles.

We anticipate certain criticism by the hardcore Congressional opponents of any change in the status quo in the Canal Zone when the principles are made public. However, these opponents appear to be more vocal than numerous and otherwise influential. What counts is the attitude of the moderates. Ambassador Bunker’s three sets of consultations with Congressional leaders thus far—the last by means of a message from Jerusalem which H sent out in his name5—should reinforce the inclination of the moderates to take a positive approach to the negotiations.

Because the principles represent a major foreign policy move, you may want to inform the President of the text of the Joint Statement and your plans to travel to Panama. I attach a draft memorandum for your consideration (Tab B).6

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Recommendations:

1. That you approve the Joint Statement of Principles (Tab A).7

2. That you sign the memorandum at Tab B to the President to inform him of the action you are planning to take.8

  1. Source: National Archives, RG 59, Central Foreign Policy File, P820043–1526. Secret; Nodis. Drafted by Bell and Bowdler; concurred in in L and H. Kissinger wrote in the right margin: “Redo Pres. memo to give him summary of principles.” Another note in an unknown hand indicates the memorandum was redone on January 26.
  2. Attached but not printed. See Document 29.
  3. Tab C, undated, entitled “Negotiating Objectives Approved by the President,” is attached but not printed. See footnote 5, Document 18.
  4. Tab D, a memorandum to the President dated January 17, is attached but not printed.
  5. Telegram 48/Secto 14 from Jerusalem, January 12. (National Archives, RG 59, Central Foreign Policy File, [no film number])
  6. Tab B is not attached, but a copy of the revised memorandum to the President signed by Kissinger is in the National Archives, RG 59, Central Foreign Policy File, P820043–1518.
  7. Kissinger initialed his approval of the first recommendation on January 25.
  8. Kissinger did not indicate his approval of the second recommendation, but traveled to Panama City on February 7 and signed the Joint Statement of Principles with Tack. See Document 32.