40. National Security Decision Memorandum 811
- The Vice President
- The Secretary of State
- The Secretary of Defense
- The Secretary of the Treasury
- The Attorney General
- The Secretary of Commerce
- The Director, Office of Emergency Preparedness
- Implementation of Arms Embargo on South Africa and Portuguese African Territories
After a review of the implementation of the arms embargo relating to South Africa and the Portuguese African territories,2 the President has directed that the United States will continue to adhere to the pertinent 1963 Security Council Resolutions and will, on appropriate occasions, affirm its intention so to do.
The President is concerned with the delays that have attended the handling of applications for “gray area” export licenses. The President has therefore directed that such applications in future will be handled as follows:
- Non-lethal dual-use items which are preponderantly employed for civilian use will be licensed to either civilian or military buyers. Such items will generally not be manufactured to military specifications, and will not have any direct and clear application in combat, or to internal security operations. Items on our “Munitions List” are automatically excluded from this category.
- Non-lethal dual-use items which are preponderantly used by military forces, but which do not have a clear and direct application to combat or to internal security operations, will be licensed for sale to civilian purchasers for civilian use, and may be licensed to military buyers upon the recommendation of the Department of Commerce and [Page 116] with the concurrence of the Department of State. Such items will generally be built to military specifications.
- Whether preponderantly employed for civilian or military use, dual-use items with a clear and direct application to combat or to internal security operations (including aircraft suitable for troop transport), will not be licensed to military buyers. Such items may be licensed for sale to civilian purchasers for civilian use, only upon the recommendation of the Department of Commerce and with the concurrence of the Department of State.
In accordance with the above guidelines, the President has directed that:
- Licenses be issued for the sale of Lear jets to the South African Defense Forces.
- Licenses be issued for the sale of Cessna dual-engine 401s and 402s to the South African Defense Forces.
- Licenses will not be issued for the sale of Cessna single-engine 180/185s to the South African Defense Forces.
- Licenses will not be issued for the sale of Lockheed Orion P–3Cs to the South African Defense Forces.
- Licenses will not be issued for the sale of L–100 transport aircraft to the South African Defense Forces.
The President wishes special care taken to avoid these decisions being related to the current consideration being given by the Government of the United Kingdom to the sale of maritime defense equipment to South Africa. The President has therefore directed that the security classification of this document be scrupulously observed. The President has also directed that his Special Assistant for National Security Affairs and the Chairman of the Under Secretaries Committee together determine and agree upon the procedures for informing members of Congress, interested American companies, and the South African and Portuguese governments of the decisions reflected herein.
- Source: National Archives, Nixon Presidential Materials, NSC Files, Box 363, Subject Files, National Security Decision Memoranda. Secret. Copies were sent to the Director of Central Intelligence and the Chairman of the Joint Chiefs of Staff.↩
- In an August 10 memorandum to Nixon, Kissinger summarized the review of the implementation of the arms embargo and offered a series of recommendations which served as the basis for NSDM 81. (Library of Congress, Manuscript Division, Kissinger Papers, Box CL 291, Memoranda to the President, July–August 1970)↩