Oceans Policy
362. Memorandum From the Legal Adviser of the Department of State (Stevenson) to the Under Secretary of State for Political Affairs (Johnson)
Stevenson reported that a resolution passed by the recent UN General Assembly made a general Law of the Sea conference likely. He recommended that the administration should prepare for the conference by creating an office to coordinate Department of State policy and establishing an interagency working group to coordinate U.S. governmental efforts.
Source: National Archives, RG 59, Central Files 1967-69, POL 33-8. Confidential. Sent for action. A copy was sent to Pollack. Drafted by Oxman and concurred in by McKernan and Greene. Johnson initialed his approval of both recommendations on December 24. Tab A, the final version of the resolution as adopted by the General Assembly, is UN Document 2574A (XXIV), December 15, 1969. Tab B is Document 333.
363. Memorandum From Robert Osgood of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Osgood outlined the Law of the Sea issues likely to be determined at an upcoming meeting by the Under Secretaries Committee. He attributed the fundamental dispute among Executive Branch agencies to differing values ascribed to military security and commercial exploitation.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-253, Under Secretaries Study Memoranda, U/SM 50-54 [1 of 3]. Secret. Sent for information.
364. Memorandum From Robert Osgood of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Osgood described the potential clash between the U.S. response to the Peruvian fisheries dispute and joint U.S.-Soviet attempts to negotiate a new Law of the Sea treaty. He recommended an examination of the issues to determine what options the Under Secretaries Committee might consider. Kissinger approved the recommendation.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970, (2 of 2). Secret. Sent for action. Kissinger initialed his approval on February 3 and wrote next to his initials: “It needs a formal structure. Do a joint paper with State.”
365. Memorandum From Robert Osgood of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Osgood summarized the Under Secretaries Committee meeting convened to consider the continental shelf boundary question. When it became evident that the representatives of the Departments of State, Defense, and Interior could not agree, Richardson concluded he would make a separate recommendation to the President.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-253, Under Secretaries Study Memoranda, U/SM 50-54 (3 of 3). Secret. Sent for information. A notation on the memorandum indicates that Kissinger saw it.
366. Airgram CA-1381 From the Department of State to the Mission to the United Nations
The Department forwarded instructions for the March 1970 meeting of the UN Seabeds Committee, including amendments to previous U.S. positions.
Source: National Archives, RG 59, Central Files 1970-73, POL 33-6. Confidential; Priority. Drafted by McIntyre, Simsarian, and Oxman on March 10; cleared with SCI, E, S/FW, PM, L, ACDA, Defense, Interior, Commerce, Transportation, Justice, NSF, and NCMRED; and approved by Greene. Repeated to London, Moscow, the Mission at Geneva, and USNATO. Telegram 133845 was sent to USUN and repeated to the Mission at Geneva, USNATO, London, and Moscow. (National Archives, RG 59, Central Files 1967-69, POL 33-6)
367. Memorandum From the Executive Secretary of the Department of State (Eliot) to the President’s Assistant for National Security Affairs (Kissinger)
Eliot reported the results of a meeting between Canadian representatives and Department of State officials to discuss an impending Canadian claim over Arctic waters. He highlighted the significance of Canadian actions for current Law of the Sea negotiations.
Source: National Archives, RG 59, Central Files 1970-73, POL 33-8. Secret. Drafted by Neuman and cleared by Johnson, Stevenson, and McKernan, and with EUR/CAN, Defense, Interior, and Transportation.
368. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger informed Nixon that proposed Canadian legislation to protect Arctic waters and fisheries would prejudice U.S. interests and recommended that the President telephone Canadian Prime Minister Pierre Trudeau. Nixon called Trudeau and arranged for a team of U.S. representatives to travel to Ottawa to discuss concerns.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 670, Country Files, Europe, Canada, March 1969-August 1970 (1 of 2). Secret. Sent for action. Next to the approval line, Nixon wrote: “I called Trudeau. He agreed to hold up until he talked to team-I informed Alex of the call-I have one reservation-perhaps appointing Packard puts too much military emphasis.” According to Document 369, Nixon called Trudeau on March 17. In the attached March 16 memorandum to Nixon, Rogers also explained the dangers posed to U.S. interests by unilateral Canadian action and outlined in detail the points he would convey to Ambassador Cadieux immediately after Nixon spoke to Trudeau.
369. Memorandum From the Under Secretary of State for Political Affairs (Johnson) to President Nixon
Johnson summarized the results of meetings held in Ottawa between a team of U.S. government representatives and Canadian officials. He noted that although the Trudeau administration would likely moderate certain aspects of their impending Arctic legislation, domestic political pressures would likely produce a result adverse to U.S. interests.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 670, Country Files, Europe, Canada, March 1969-August 1970 (1 of 2). Confidential. A handwritten notation on the memorandum indicates the information was included in the President’s Daily Brief for March 21. An additional notation reads: “OBE/D.” On April 1 the Canadian Government proposed legislation to control Arctic pollution, regulate fisheries, and extend territorial waters (External Affairs [Canada], May 1970, pp. 130-131). On April 15 the Department of State lodged a formal protest with Ottawa, noting the potential impingement on U.S. interests and the likelihood of impairment to UN-sponsored sea law negotiations. See Department of State Bulletin, May 11, 1970, pp. 610-611.
370. Memorandum From Robert Osgood of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Osgood identified several significant developments that increased the urgency of reaching a decision about U.S. seabed policy.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970, (1 of 2). Secret. Sent for action. A notation on the memorandum indicates a copy was sent to Haig and that he had seen it. Another notation next to the subject line reads, “Re Urgency of Decision.” There is no indication of approval or disapproval of the recommendations.
371. Memorandum From Robert Osgood of the National Security Council Staff to the President’s Assistant for Domestic Affairs (Ehrlichman)
Osgood assessed the impact on domestic industries of a narrow continental shelf. He presented an alternative interpretation to that espoused by the Department of the Interior.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970, (1 of 2). Secret. Sent for information.
372. Memorandum From Robert Osgood of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Osgood outlined the possible effects on U.S. commerce of a narrow continental shelf boundary and a proposed international authority for seabed exploitation. He raised several policy questions related to the issue.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 381, Subject Files, Seabeds, Volume I, May 1970, (1 of 2). Secret. Sent for information. Copies were sent to Haig and Lord. A notation on the memorandum indicates that Kissinger saw it on May 23. Tab A is published as Document 371.
373. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger outlined policy alternatives the United States might adopt in international negotiations to determine the extent of national jurisdiction over the continental shelf and the nature of the regime governing seabed use beyond that boundary. Kissinger recommended adopting either the Department of Defense position or the position proposed by Under Secretary of State Richardson.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 382, Subject Files, Seabeds, Volume II, March 1970-December 1970, (2 of 2). Secret. Sent for action. The President initialed his approval of the Richardson position on May 20
374. Memorandum From the Assistant Legal Adviser for Politico-Military and Ocean Affairs (Neuman) to the Legal Adviser of the Department of State (Stevenson)
Neuman proposed establishing a small consultative group of representatives from selected governments to negotiate Law of the Sea issues confidentially and build support for U.S. positions.
Source: National Archives, RG 59, Central Files 1970-73, POL 33-8. Confidential. A copy was sent to Oxman.
375. National Security Decision Memorandum 62
The President’s Assistant for National Security Affairs Kissinger communicated to concerned Executive Branch agencies the decision taken by President Nixon on the principles to be adopted in international negotiations about continental shelf and seabed issues.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-055, SRG Meeting, Oceans Policy (NSSM 125) 7/12/71 [2 of 2]. Secret.
376. Statement Issued by President Nixon
The President proposed that the resources of the deep seabed be exploited as the common heritage of humankind, establishing a 12-mile limit for territorial seas, and a guarantee for free transit through international straits.
Source: Public Papers: Nixon, 1970, (Washington, D.C.: Government Printing Office, 1971), pp. 454-456.
377. Circular Airgram CA-3320 From the Department of State to All Diplomatic Posts
The Department requested posts to communicate U.S. sea law positions to host governments and solicit responses. The Department also addressed confusion about two parallel, but separate initiatives, one dealing with uses of the seabed, and the other concerning the regime for of the waters above the seabeds.
Source: National Archives, RG 59, Central Files 1970-73, POL 33-6. Confidential. Drafted by Salisbury and Harrison on June 16; cleared by McIntyre, E, S/FW, L, Oxman, and the Departments of Defense and Interior; and approved by Stevenson. Attached but not published were Richardson’s May 27 statement, a Questions and Answers paper, a Factsheet, and Stevenson’s February 18 speech.
378. Memorandum for the Record
Deputy Assistant to the President for National Security Affairs Haig warned Deputy Executive Secretary of the Department of State Robert Brown that the Department of the Interior was attempting to convince the President to revisit NSDM 62. Brown informed Department of State Legal Adviser Stevenson, who indicated his intention to implement NSDM 62.
Source: National Archives, RG 59, S/S-I Files: Lot 83 D 305, Box 3, NSDM 62-5/22/70-Convention on Shelf and Seabeds. Secret. Prepared by Brown. For NSDM 62, see Document 375.
379. Memorandum From the Legal Adviser of the Department of State (Stevenson) to Secretary of State Rogers
Stevenson forwarded a draft Law of the Sea treaty prepared by an inter-agency task force.
Source: National Archives, RG 59, S/S-I Files: Lot 73 D 288, Box 9, General Files on NSC Matters, NSC/Misc-Seabed. No classification indicated. Sent for information. Sent through S/S. For Attachment 1, see Document 376. Attachments 2 and 4 are dated July 29. Attachment 3, August 3, is entitled, “Draft United Nations Convention on the International Seabed Area, Working Paper” and is available as UN Document A/AC.138/25.
380. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to Harry Dent of the National Security Council Staff
Kissinger emphasized the President’s resolve to implement his seabeds decision, briefly explained the rationale behind that decision, and offered opportunities for input to domestic constituencies displeased with the policy.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 382, Subject Files, Seabeds, Volume II, March 1970-December 1970, (1 of 2). Confidential. Tab A is published as Document 376. For Tab B, Richardson’s statement before the Special Subcommittee on Outer Continental Shelf of the Committee on Interior and Insular Affairs, U.S. Senate, May 27, 1970, see Department of State Bulletin, June 15, 1970, pp. 737-739. George Herbert Walker Bush (R-Texas) was a member of the House of Representatives from 1967-1971.
381. Memorandum From Charles Pittman of the Office of Ocean Affairs, Department of State to the Assistant Legal Adviser for Politico-Military and Ocean Affairs (Neuman)
Pitman presented an analysis of Latin American attitudes about Law of the Sea matters that highlighted divisions between governments in Central and South America.
Source: National Archives, RG 59, L/OES Files: Lot 75 D 88, Box 1, untitled folder. Confidential. An August 28 cover letter from Neuman to the Law of the Sea Executive Group indicated that this document, prepared by the Law of the Sea Task Force, was circulated to the U.S. delegation to Buenos Aries negotiations and to those dealing with Law of the Sea and seabeds issues at upcoming UN meetings. For the Lima Declaration, see UN Document A/AC.138/28, August 14, 1970. Rogelio Valdivieso Eguiguren was Ecuadorian Minister of Foreign Affairs. Robert McClintock was U.S. Ambassador to Venezuela. Gonzalo Facio Segreda was Costa Rican Minister of Foreign Relations.
382. Airgram CA-5062 From the Department of State to the Mission to the United Nations
Acting Secretary of State Irwin issued instructions on sea law matters for the U.S. Delegation to the UN General Assembly.
Source: National Archives, RG 59, Central Files 1970-73, POL 33-6. Limited Official Use; Priority. Drafted by McIntyre on September 25; cleared by Stevenson, E, IO/UNP, S/FW, and the Departments of Interior and Defense; and approved by Herz. Repeated to Bonn, London, Moscow, New Delhi, Paris, Rome, Tokyo, the Mission at Geneva, and USNATO.
383. Memorandum From the Assistant Legal Adviser for Politico-Military and Ocean Affairs (Neuman) to the Legal Adviser of the Department of State (Stevenson)
Neuman reviewed the range of national interests involved in Law of the Sea negotiations.
Source: National Archives, RG 59, Central Files 1970-73, POL 33-8. Secret.
384. Memorandum From Helmut Sonnenfeldt of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Sonnenfeldt explained the circumstances surrounding, and impact of, the Canadian announcement establishing fisheries closing lines.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 670, Country Files, Europe, Canada, Volume II, Mar 70-Aug 71. Confidential. Sent for information. In the last two sentences, Kissinger underlined from “seems to” through “committee” and wrote in the margin, “Which one? To what end?” Tab A, not published, is a December 18 memorandum from Eliot to Kissinger. For Tab B, see Department of State Bulletin, February 1, 1971, p. 139.
385. Telegram 211200 From the Department of State to the Mission to the North Atlantic Treaty Organization
In anticipation of upcoming NATO consultations on Law of the Sea issues, the Department summarized the relevant resolutions adopted by the 25th UN General Assembly.
Source: National Archives, RG 59, Central Files 1970-73, POL 33-6. Limited Official Use. Drafted on December 28 by Oxman, Salisbury and Francis S. M. Hodsoll (IO/UNP); cleared by Stevenson and Herz, and in S/FW and EUR/RPM; and approved by Hillenbrand. Repeated to USNMR SHAPE and USUN.
386. Memorandum From Helmut Sonnenfeldt of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Sonnenfeldt updated Kissinger on the response by the Law of the Sea Task Force to the Canadian announcement establishing fisheries closing lines.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 670, Country Files, Europe, Canada, Volume II, Mar 70-Aug 71. Confidential. Sent for information. Tab A is published as Document 384.
387. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to Secretary of State Rogers and Secretary of Defense Laird
On behalf of the President, Kissinger directed the Secretary of State to submit, in conjunction with other agencies, options and recommendations for a negotiated settlement to the fisheries dispute with Ecuador.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 283, Agency Files, Department of State, Vol. X, 1 December 1970-15 April 1971. Secret; Limdis. Also sent to Secretary of Defense Laird. Copies were sent to the Secretary of the Interior, the Chairman of the Joint Chiefs of Staff, and the director of the CIA. Between mid-January and mid-February 1971, Ecuadorian naval vessels seized 18 U.S. fishing boats operating within the 200-mile exclusionary zone claimed by Ecuador. The Ecuadorian government imposed fines in excess of $850,000. On January 18, 1971, the United States government suspended military sales to Ecuador under Section 3(b) of the Foreign Military Sales Act, which states, “No sales, credits, or guaranties shall be made or extended under the Act to any country during a period of one year after such country seizes, or takes into custody, or fines and American fishing vessel for engaging in fishing more that twelve miles from the coast of that country. The President may waive the provisions of this subsection when he determines it to be important to the security of the United States or he receives reasonable assurances from the country involved that future violations will not occur, and promptly so reports to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate. The provisions of the subsection shall not be applicable in any case governed by any international agreement to which the United States is party.” On February 1, 1971 the government of Ecuador ordered all U.S. military personnel to leave the country. For the response to this document, see Foreign Relations 1969–1976, E-Vol. 10, American Republics, 1969–1972.
388. Transcript of Telephone Conversation Between Secretary of Defense Laird and the President’s Assistant for National Security Affairs (Kissinger)
Laird and Kissinger discussed the influence of private interests in Law of the Sea negotiations and Laird’s concerns about national security. “Bill” refers to Secretary of State Rogers, who attended an Organization of American States meeting in San Jose, Costa Rica, from Tuesday, April 13 through Friday, April 16. Brigadier General Robert Pursley was Military Assistant to the Secretary, Department of Defense.
Source: National Archives, Nixon Presidential Materials, Kissinger Transcripts, Chronological File, Box 9, April 8-14, 1971. No classification.
389. Memorandum From the Legal Adviser of the Department of State (Stevenson) to Secretary of State Rogers
Stevenson summarized the historical development and current status of the South American fisheries dispute.
Source: National Archives, RG 59, Central Files 1970-73, POL 33-8. Confidential. Sent for information. Sent through S/S. Drafted by Horace F. Shamwell, Ocean Affairs, Office of the Legal Adviser and Nordquist on April 13 and cleared by Oxman.
390. National Security Study Memorandum 125
On behalf of the President, Kissinger directed the Law of the Sea Task Force to examine options for accomplishing U.S. ocean policy objectives.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-055, SRG Meeting, Oceans Policy (NSSM 125) 7/12/71 [2 of 2]. Secret. A copy was sent to the Chairman of the Joint Chiefs of Staff. For NSDM 62, see Document 375. For the President’s statement of May 23, 1970, see Document 376.
391. Memorandum of Conversation
Department of State Legal Adviser Stevenson and other representatives sent by President Nixon met with Brazilian officials to discuss problems associated with Brazil’s claim to a 200-mile limit.
Source: National Archives, RG 59, L/OES Files: Lot 75 D 88, Box 1, LOS Ecuador (January-July) 1971. Secret; Exdis. Drafted by Stephen Low on May 17. The meeting was held at the Brazilian Foreign Ministry.