Foreign Relations of the United States, 1969–1976, Volume XXXVIII, Part 2, Organization and Management of Foreign Policy; Public Diplomacy, 1973–1976

187. Memorandum From Acting Secretary of State Robinson to President Ford¹

Washington, September 17, 1976.

SUBJECT

• Establishment of an Arms Export Control Board

The topic of security assistance and arms export control is one of increasing complexity and public and Congressional concern. The International Security Assistance and Arms Export Control Act of 1976, which you signed on 30 June, reflects this heightened Congressional involvement, mandating sweeping changes in arms transfer processes and reporting.²

Secretary Kissinger believes the time has come to establish an interagency Board to advise you and him in discharging your statutory responsibilities for security assistance and arms export control programs and policies. In his absence he has directed me to inform you of his views and to make the following recommendations in his name.

As he envisages it, such a Board would:

—serve as a forum and a mechanism for all the interested agencies to provide their views in an early and orderly way so as to facilitate the development of coherent security assistance and arms export control policy formulation and execution.

—provide general policy oversight and guidance in the transfer of defense articles and services to ensure that such transfers are fully coordinated with and supportive of the foreign policy of the United States.

—review and provide recommendations upon security assistance plans and programs, including economic ones, and recommend resource allocations and budgets therefor.

Without infringing upon any statutorily assigned responsibilities, such an advisory forum would both strengthen our internal processes in the Executive and help meet the demand in Congress for a more comprehensive approach to security assistance and arms export controls. Additionally, he believes your creating such a Board would provide an initiative which would undoubtedly be well received by the media and public.

Secretary Kissinger has prepared the attached draft NSDM establishing such a Board;³ which takes into consideration the comments of Defense, NSC Staff, ACDA, AID, OMB and Treasury, the agencies principally interested.⁴ All these agree with the general concept of the Board and its general, overall mandate, although Defense, Treasury, OMB, and AID have some specific reservations as footnoted on the draft mandate.⁵ In view of the importance of timeliness in this initiative, and in light of the general consensus on the Board and its functions, the Secretary believes you should now proceed to create the Board.

Recommendations:

That you direct the establishment now of a Board along the lines of the draft NSDM and Mandate.⁶

Alternatively that you approve in principle the establishment of an interagency Arms Export Control Board, with details of its character and functions to be finalized without delay through the NSC process.⁷

1. Source: National Archives, RG 59, Records of the Deputy Secretary of State Charles W. Robinson, 1976–1977, Entry 5176, Box 3, D—Chron September 1976. No classification marking. Kissinger left on September 14 for a 10-day trip to Tanzania, Zambia, South Africa, Zaire, Kenya, and the United Kingdom, where he conferred with leaders on the situation in Rhodesia and Namibia. He returned to Washington on September 24.
2. See footnote 2, Document 186. The legislation gave Congress the power to review commercial arms sales for the first time and extended veto power on government sales of military equipment valued over $7 million. Moreover, it prohibited private companies from selling directly to foreign governments any military equipment valued over $25 million. (Congress and the Nation, 1973–1976, Vol. IV, p. 875)
3. Attached but not printed. The draft NSDM outlines the creation of a Security Assistance and Arms Export Control Board (SAAECB) under the supervision of the Secretary of State in his capacity as a member of the NSC. Chaired by the Under Secretary of State for Security Assistance, SAAECB’s permanent membership was to include the Deputy Secretary of Defense, the Under Secretary of State for Political Affairs, the Chairman of the JCS, the Assistant to the President for National Security Affairs, and the Director of the ACDA. The Under Secretary of the Treasury, the Associate Director of OMB, and the Administrator of AID were to be members when SAAECB considered matters related to their responsibilities.
4. On July 7, Maw sent a draft mandate to Robinson, Habib, Rogers, Eagleburger, Vest, State Department Legal Adviser Monroe Leigh, and Lord, for their comments. (Department of State, Administrative Correspondence Files 1969–77, Policy and Procedural Files of the Deputy Under Secretary for Management: Lot 79 D 63, M Chron July 1976 B) Their responses were summarized in a July 13 memorandum from Dennis H. Wood (D) to Robinson. (National Archives, RG 59, Records of the Deputy Secretary of State Charles W. Robinson, 1976–1977, Entry 5176, Box 9, Arms Control Export Board) A similar memorandum requesting comments was sent on July 15 to the Deputy Secretary of Defense, the President’s Assistant for National Security Affairs, the Under Secretary of State for Political Affairs, the Chairman of the JCS, the Director of ACDA, the Associate Director of OMB, and the Under Secretary of the Treasury. (Ford Library, National Security Council, Institutional Files, Box 63, Establishment of an Arms Export Control Board) Responses from the NSC are ibid.
5. The draft mandate is attached but not printed. On September 27, Bush wrote to Robinson requesting that the DCI be added to the list of permanent members of the SAAECB. (National Archives, RG 59, Records of the Deputy Secretary of State Charles W. Robinson, 1976–1977, Entry 5176, Box 3, D—Chron September 1976) Amos A. Jordan, Acting Under Secretary of State for Security Assistance, recommended to Robinson in an October 11 memorandum that the DCI be added to the Board “whenever it considers matters pertaining to their responsibilities.” (Ibid., Box 4, D—Chron October–November 1976) Robinson concurred and signed a memorandum to Bush inviting CIA participation on this basis. (Ibid.)
6. There is no indication that Ford approved or disapproved the recommendation. The NSDM was never issued.
7. There is no indication that Ford approved or disapproved the recommendation. On January 18, 1977, President Ford signed Executive Order 11958, giving the Secretaries of State and Defense the authority to review proposed arms exports in consultation with the Secretary of the Treasury, the Director of the International Development Cooperation Agency, and the Director of ACDA on matters pertaining to their respective responsibilities. For the text of Executive Order 11958, see Weekly Compilation of Presidential Documents, Vol. 13, No. 3, January 20, 1977, pp. 66–67.