Oceans Policy
422. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to Secretary of State Rogers, Secretary of Defense Laird, and Secretary of Commerce Stans
Kissinger informed Rogers, Laird, and Stans that President Nixon approved renewal of Foreign Military Sales to Peru.
Source: National Archives, RG 59, Central Files 1970-73, INCO-FISH US. Secret.
423. Memorandum From the Chairman of the Inter-Agency Task Force on the Law of the Sea (Stevenson) to the President’s Assistant for National Security Affairs (Kissinger)
In preparation for the February-March 1972 session of the UN Seabeds Committee, Stevenson forwarded a report that recommended amendments to the U.S. negotiating positions indicated in NSDM 62 and NSDM 122.
Source: National Archives, RG 59, S/S-I Files: Lot 83 D 305, Box 4, NSDM 122-7/22/71-US Oceans Policy. Unclassified. No drafting information appears on the memorandum. On March 1 Eliot sent a memorandum to Kissinger indicating that the Departments of State, Defense, Commerce, and Interior had cleared the report. (Ibid.) For NSDM 62, see Document 375. For NSDM 122, see Document 405.
424. National Security Decision Memorandum 157
The President approved instructions for the U.S. delegation to the preparatory meeting for the 1973 Law of the Sea Conference and requested a report to guide the development of subsequent negotiating positions.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 364, Subject Files, National Security Defense Memoranda, Nos. 145-264. Secret. A copy was sent to the Director of Central Intelligence.
425. Letter From Spanish Chief of State Franco to President Nixon
Franco communicated Spanish objections to a section concerning free passage through straits in Nixon’s February 9, 1972, foreign policy report to Congress.
Source: National Archives, RG 59, Central Files 1970-73, POL SP-US. No classification indicated. Published from a copy that bears Franco’s typed signature. The letter was received in the Department of State and forwarded to Kissinger for the President by Eliot under a March 24 covering memorandum. (Ibid.) Nixon’s Report to Congress, “U.S. Foreign Policy for the 1970’s: The Emerging Structure of Peace” is published in the Department of State Bulletin, pp. 314-418. See pp. 409-411 for the section that refers to ocean policy.
426. Memorandum From the Deputy Assistant to the President for National Security Affairs (Haig) to President Nixon
Haig reported that fisheries negotiations with the Brazilian Government had produced an acceptable draft agreement. The pact enabled both parties to reserve their juridical positions until commencement of the Law of the Sea conference in 1973.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 772, Country Files, Latin America, Brazil, Vol. III, 8/1/71-12/72. Confidential. Sent for information. Irwin signed the attached memorandum for Rogers.
427. Circular Airgram A-4339 From the Department of State to All Diplomatic Posts
The Department updated posts about Law of the Sea negotiations, instructed posts to promote U.S. positions with host governments, and requested information about host government attitudes.
Source: National Archives, RG 59, Central Files 1970-73, POL 33-8. Limited Official Use. Repeated to USNATO, Geneva, OECD, and USUN, CINCPAC for POLAD, and CINCEUR for POLAD. Drafted by McIntyre and Otto Eskin (IO/UNP) on April 28; cleared in draft in IO, EUR/CAN, NEA/RA, AF, L/OA, S/FW, ARA, EA/RA, Defense, Commerce, NOAA, and Interior; and approved by Stevenson.
428. Memorandum From Ashley Hewitt of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Hewitt informed Kissinger about the Department of State strategy for negotiating the fisheries dispute with Ecuador.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 793, Country Files, Latin America, Peru, Vol. III, 1/72-12/31/73. Confidential. Sent for information. Tab A is attached but not published.
429. Memorandum From Denis Clift and Melvin Levine of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Clift and Levine summarized the position of the Joint Chiefs of Staff and the Defense Department concerning free transit through and over international straits.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 383, Subject Files, Seabeds, Volume IV, 1972, (3 of 3). Top Secret. Sent for information. The memorandum indicated that it was from Sonnenfeldt as well, but only Clift and Levine initialed it. Tab B is UN Document A/AC.138/SC.II/L.4 (July 30, 1971). The appendices cited in Tab A were not attached.
430. Circular Telegram 96469 From the Department of State to Multiple Posts
The Department outlined U.S. interim policy concerning seabed uses and requested responses from certain governments.
Source: Department of State Files, OES/OA/MLP Files: Lot 92 D 208, Classified (interim policy documents), Santo Domingo Declaration. Confidential; Priority. Drafted by Oxman, McIntyre, and Ratiner (Interior); cleared in draft with EA/RA, EUR/CAN, S/FW, IO, DOD/ISA, and NOAA; and approved by Stevenson. Sent priority to Bonn, Brussels, Canberra, Copenhagen, the Hague, London, Moscow, Oslo, Paris, Reykjavik, Rome, Tokyo, Valletta, Vienna, and Wellington. Sent by pouch to all other diplomatic posts.
431. Memorandum From the Executive Secretary of the Department of State (Eliot) to the President’s Assistant for National Security Affairs (Kissinger)
Eliot forwarded Legal Adviser Stevenson’s report on the February-March 1972 meeting of the U.N. Seabeds Committee, including information about concurrent bilateral discussions held with other delegations.
Source: National Archives, RG 59, Central Files 1970-73, POL 338. Confidential. Robert T. Curran signed for Eliot.
432. Memorandum From Helmut Sonnenfeldt and Denis Clift of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
The memorandum summarized Legal Adviser Stevenson’s report on the February-March 1972 U.N. Seabeds Committee meeting.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 383, Subject Files, Seabeds, Volume IV, 1972 (3 of 3). Confidential. Sent for information. For Tab A, see Document 431.
433. Memorandum From the Chairman of the Inter-Agency Task Force on the Law of the Sea (Stevenson) to the President’s Assistant for National Security Affairs (Kissinger)
The memorandum summarized a lengthy report and accompanying instructions prepared for the U.S. delegation to the July-August 1972 preparatory meeting for the Law of the Sea Conference.
Source: National Archives, RG 59, Central Files 1970-73, POL 33-8. Secret. Attached but not published is Attachment 1-Response to NSDM 157-consisting of 70 pages of detailed recommendations for the U.S. delegation to the July-August 1972 Seabeds Committee meeting. For Attachment 2, see Document 431.
434. National Security Decision Memorandum 177
The President amended the instructions for the U.S. delegation to the July-August meeting of the UN Seabeds Committee (acting as the Preparatory Committee for the 1973 Law of the Sea Conference). He amplified the importance of gaining international support for U.S. positions on exploitation of marine resources, determining territorial sea boundaries, and free transit in international straits.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 364, Subject Files, National Security Decision Memoranda, Nos. 145-264. Secret. Copies were sent to the Secretary of Transportation and the Director of Central Intelligence. Section A, Recommendation 3 of the June 20 report (see Document 433) stated: “Propose that the LOS treaty provide that state aircraft, exercising the right of free transit provided for in the U.S. straits proposal, (a) will respect International Civil Aviation Organization (ICAO) standards, recommended practices and procedures as they apply to civil aircraft over the high seas, provided that they shall not be required to do so in special circumstances of operational necessity, and (b) will at all times operate with due regard for the safety of navigation of civil aircraft.
435. Memorandum From the Deputy Assistant to the President for National Security Affairs (Haig) to President Nixon
Haig recommended accepting a compromise on the question of international straits at the July-August UN Seabeds Committee meeting. Nixon approved the recommendation.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-235, NSDM Files, NSDM 177 [1 of 2]. Confidential. Sent for action. Nixon indicated his approval of the position taken by the Departments of State, Commerce, and Interior. Tab A, an August 14 memorandum from Irwin to Nixon, outlined in more detail the issues summarized by Haig. (Ibid.) Kissinger communicated the President’s decision to the Secretaries of State, Commerce, and Interior in an August 15 memorandum. (Ibid., RG 59, Central Files 1970-73, POL 33-8)
436. Memorandum From Acting Secretary of State Irwin to President Nixon
Irwin proposed a scenario for breaking the deadlocked fisheries dispute with Ecuador while protecting the U.S. position on key Law of the Sea principles.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-237, NSDM Files, NSDM 194 [2 of 2]. Confidential. The attachment was not found.
437. Memorandum From Secretary of Defense Laird to President Nixon
Laird registered Department of Defense concerns about the scenario for resolving the Ecuadorian fisheries dispute proposed by the Department of State.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-237, NSDM Files, NSDM 194 [2 of 2]. Confidential.
438. Memorandum From the Chairman of the Inter-Agency Task Force on the Law of the Sea (Stevenson) to the President’s Assistant for National Security Affairs (Kissinger)
In response to NSDM 177, Stevenson forwarded recommended instructions on law of the sea matters for the U.S. delegation to the 27th UN General Assembly. He also forwarded a report on the July-August meeting of the UN Seabeds Committee.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-237, NSDM Files, NSDM 196. Confidential. Only the summary of the lengthy report on the July-August UN Seabeds Committee meeting, sent to the Department and all diplomatic posts on August 18 as telegram 3844 from Geneva, is published. The full text of telegram 3844 is ibid.
439. Memorandum From Denis Clift of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
In preparation for the UN Conference on the Law of the Sea scheduled to commence in 1973, Sonnenfeldt and Clift reviewed timing, location, and representation issues that required consideration by President Nixon.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-237, NSDM Files, NSDM 196. Confidential. Sent for action. Sent to Kissinger through Haig. Concurred in by Kennedy. The memorandum indicated that it was also from Sonnenfeldt, but only Clift initialed it. For Tab A, see Document 441. For Tab B, see Document 438. Tab C includes brief letters indicating concurrence in the report and recommendations: from the Department of State, Eliot to Kissinger, October 13, from the Defense Department, Laird to Kissinger, October 20, from the Commerce Department, Pollock to Kissinger, October 11, and from the Interior Department, Morton to Kissinger, October 12.
440. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger informed Nixon of a proposed scenario for resolving the fisheries dispute with Ecuador. Nixon approved lifting the suspension on Foreign Military Sales and a flat fee payment in exchange for informal assurances that the Ecuadorian Government would refrain from seizing U.S. fishing vessels within 200 miles of the Ecuadorian coast.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-237, NSDM Files, NSDM 194 [2 of 2]. Confidential. Sent for action. A notation on the memorandum indicates that Nixon saw it. Nixon initialed approval of both recommendations. Tab A is published as Document 436. Tab B is published as Document 437. At Tab C was a September 22 memorandum from Office of Management and Budget Director Caspar W. Weinberger to Nixon. At Tab I was Presidential Determination 73-4, issued on October 27, which directed Rogers to inform Congress of the waiver but retained its classified status for national security reasons. (Ibid.) Tab II is published as Document 442.
441. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger recommended that Nixon approve a NSDM dealing with questions arising from preparations for the 1973 UN Law of the Sea Conference. Nixon approved the recommendation.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-237, NSDM Files, NSDM 196. Confidential. Sent for action. A notation on the memorandum indicates that Nixon saw it. Nixon initialed his approval. For Tab A, see Document 443.
442. National Security Decision Memorandum 194
In an attempt to resolve the Ecuadorian fisheries dispute, while safeguarding U.S. oceans policy, the President authorized a resumption of military sales to Ecuador and approved bilateral negotiations.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 364, Subject Files, National Security Decision Memoranda, Nos. 145-264. Confidential. A copy was sent to the Director of Central Intelligence.
443. National Security Decision Memorandum 196
The President approved instructions for the U.S. delegation to the UN General Assembly regarding the timing, location, and program of work for the 1973 Law of the Sea Conference.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 364, Subject Files, National Security Defense Memoranda, Nos. 145-264. Confidential. Copies were sent to the Secretary of Transportation and the Director of Central Intelligence. The General Assembly adopted a resolution on December 18 that provided for an organizational session of UNCLOS III in November-December 1973 and a substantive session in April-May 1974. The resolution expressed the expectation that subsequent sessions of UNCLOS III would convene until an agreement was concluded. The General Assembly also called for an accelerated work schedule for the Seabed Committee during 1973 (UN Document A/RES/3209(XXVII))
444. Airgram A-12376 From the Department of State to the Embassy in the United Kingdom
The Department informed concerned posts of private consultations between the governments most interested in deep seabed exploitation.
Source: National Archives, Central Files 1970-73, POL 33-8. Confidential. Drafted by Oxman on December 21; cleared with IO/UNP, EA/RA, EUR/CAN, EUR/GER, EUR/SOV, and L/OA; and approved by Stevenson. Also sent to Moscow, Paris, Tokyo, USUN, and Geneva. Repeated to Bonn. The enclosure entitled “Comparison and Analysis of Seabeds Regime and Machinery Proposals,” summarized and assessed ideas for organization and operation of an international deep seabed exploitation agency.