Foreign Relations of the United States, 1969–1976, Volume XXII, Panama, 1973–1976

82. Memorandum From the Deputy Secretary of Defense (Clements) to President Ford¹

Washington, June 20, 1975.

SUBJECT

• Panama Canal Treaty Negotiations

Reference is made to the recent memoranda on this subject forwarded to the Assistant to the President for National Security Affairs by the Deputy Secretary of State and Ambassador Bunker.²

The Secretary of State has indicated on several occasions in conversation and in meetings that the treaty duration for United States’ responsibility for Canal defense should be from 40–45 years; and he is aware that, if the treaty provides for more than 40 years for defense, it would be acceptable to the Department of Defense, including the Joint Chiefs of Staff. The Department of Defense continues to support this position on duration. Anything less than a period of over 40 years’ duration would be unacceptable to the Department of Defense, which would prefer to see the duration greater than 45 years.

With respect to the Lands and Waters issue, the present Defense Department position provides the bare minimum in terms of protection of vital installations of the Canal and United States citizens associated with the Canal operations. Anything less would not be acceptable, in that it would not permit the discharge of Department of Defense responsibilities.

In amplification of the above, the fundamental disagreement between Defense and State Departments is that the Department of Defense does not trust the reliability or stability of Torrijos’ Government. Our mistrust of the Panamanians engenders realistic concerns that under Panamanian control:

—Use of the Panama Canal could be denied the United States at any time under any conditions; i.e., Canal transit by United States Naval ships carrying nuclear warheads;

—United States citizens associated with the Canal operation would be subject to whims of an illegally spawned dictatorial regime which has repeatedly demonstrated abusive power, disregard of civil liberties, harassment of private citizens, capricious treatment by police and judges and repressed freedom of press, as well as increasing association with communist nations.

—Land areas adjacent to population centers would provide unlimited routes of approach for Panamanian mobs and rioters to vital U.S. installations, placing them in danger.

Adherence to a negotiating position which assures a United States military presence for more than 40 years, as well as retention of sufficient lands and waters (in return for relinquishing to Panama operational control of the Canal after a shorter period), would provide a deterrent against Panamanian irresponsibility.

W.P. Clements, Jr.

1. Source: Washington National Records Center, RG 330, OSD Files, FRC 330–80–0044, Box 13, NEG—Panama and Panama Canal Zone April 1975–Oct 1975. Secret. The memorandum was forwarded to Clements for his signature on June 19 under a covering memorandum from Ellsworth which requested permission to distribute copies of the memorandum to Kissinger, Bunker, Callaway, and Brown. Clements approved the distribution on June 20.
2. See footnote 4, Document 78, and Document 79.