Panama


548. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon

Kissinger summarized the status of Canal treaty negotiations and presented the positions of the Departments of State and Defense and Special Representative for U.S.-Panama Relations Anderson regarding how to proceed and discussed the disagreements between the two agencies. Kissinger then made his recommendations concerning procedures and jurisdiction.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 792, Country Files, Latin America, Panama, Atlantic-Pacific International Ocean Canal Study Commission, Vol. 1, 1971. Secret; Exdis. Sent for action. President Nixon approved the first three recommendations, but did not agree to a meeting with Anderson. He signed both the letter to Anderson and the NSDM. Nixon wrote across the last page: “No—Haldeman and K[issinger:] 1. Have State handle it. 2. This is typical of type of issues I must not waste my time with.” Attached but not published are Tabs A, D, and E. Tab A is a June 24 letter from Nixon to Anderson; Tab D is an April letter from Anderson to the President; and Tab E is a March 1 letter from Nixon to Anderson. Not attached are Tabs B, an early draft of NSDM 115, and G, a Summary of Agreed Negotiating Objectives. NSDM 115, Tab C (the Undersecretaries Committee report), and Tab F (NSDM 64) are published as Documents 549, 547, and 536 respectively.


549. National Security Decision Memorandum 115

President Nixon authorized Special Representative for U.S.-Panama Relations Anderson to undertake negotiations on new Panama Canal treaties and outlined the U.S. Government’s negotiating position.

Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H–224, NSDM Files, NSDM 115. Secret; Exdis. Copies were sent to the Chairman of the NSC Under Secretaries Committee, the Secretary of the Army, the Chairman of the JCS, the DCI, and the Special Representative for Interoceanic Canal Negotiations. Anderson’s letter is referenced in the source note to Document 548. Recommendations B–3 through B–7 of the June 10 NSC Undersecretaries Committee report are published in Document 547. On July 29, the Under Secretaries Committee submitted its recommendations to the President. (National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H–261, Under Secretaries Committee Memorandum File, Under Secretaries Study Memorandums, U/SM 97–99)


550. Telegram 118183 From the Department of State to the Embassy in Panama

Under Secretary John Irwin summarized the first meeting of the treaty negotiations, which focused on issues of jurisdiction and duration. Irwin stated that the U.S. position called for a treaty which accommodated existing defense arrangements.

Source: National Archives, RG 59, Central Files 1970–73, POL PAN–US. Confidential. Repeated to USCINCSO and the Panama Canal Company. Drafted on June 30 by Finn; cleared by Curran; approved by Finn.


551. Intelligence Memorandum 1297/71

The Central Intelligence Agency predicted that President Torrijos’ strategy would be to negotiate in a very tough manner and that a violent confrontation within Panama was likely.

Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H–224, Panama Canal Treaty Negotiations, NSDM 115. Secret; Sensitive; No Foreign Dissem; Background Use Only. Prepared in the Directorate of Intelligence, Central Intelligence Agency.


552. Letter From President Nixon to the Special Representative for Inter-Oceanic Canal Negotiations (Anderson)

President Nixon informed Anderson that, before the U.S. negotiators agreed to accept fixed-term treaties, he was to consult with the Senate on the acceptability such treaties. Nixon also stated that he would ask the Department of State to explore the Panamanian position on duration.

Source: National Archives, RG 59, Central Files 1970–73, POL PAN–US. Secret. The July 9 letter from Anderson to Nixon has not been found.


553. Memorandum From Secretary of Defense Laird to President Nixon

Laird addressed the opposing positions on duration, the temporary decision on the issue, examined the termination arguments, and recommended that Panama be informed that the United States would not agree to a fixed-term treaty. He also recommended that the U.S. Government proceed much further into the negotiations and settle all other major terms in detail in order to present President Nixon as complete a document as possible for approval.

Source: Washington National Records Center, OASD/ISD Files: FRC 330–74–083, Panama 1971, 821. Secret; Noforn. Prepared on August 26 by Colonel Mallett (DOD/IA). Published from a copy that bears Laird’s typed signature with an indication that he signed the original. The President’s July 29 memorandum has not been found. Anderson’s August 20 letter to the President is referenced in the source note to Document 554.


554. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon

Kissinger updated President Nixon on Anderson’s most recent reports and advised Nixon to allow Anderson to negotiate a fixed-term Canal treaty with Panama since the collapse of the Canal negotiations would have high political costs for the United States.

Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H–227, NSDM Files, NSDM 131. Secret. Sent for action. A stamped notation on the memorandum indicates the President saw it. Tabs A, E, G, and H are published as Documents 555, 553, 549, and 536 respectively. Tab B, not attached, is a letter from Nixon to Special Representative Anderson, apparently explaining the change in policy. Tabs C, D, and F have not been found. Tab C is an August 20 letter from Anderson to Nixon; Tab D is an August 26 memorandum from Rogers to the President; and Tab F is a July 9 letter from Anderson on Nixon.


555. National Security Decision Memorandum 131

President Nixon stated that Anderson would be permitted to inform Panama that the United States would consider the possibility of a termination formula for the Canal Treaties. In addition, Anderson should attempt to obtain a guarantee from the Panamanians that the Canal would be open to all world commerce without discrimination at reasonable toll levels.

Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H–227, NSDM Files, NSDM 131. Secret. Copies were sent to the Chairman of the NSC Under Secretaries Committee, the Secretary of the Army, the Chairman of the Joint Chiefs of Staff, the DCI, and the Special Representative for Interoceanic Canal Negotiations. Anderson’s August 20 letter to Nixon is referenced in the source note to Document 554.


556. Memorandum From the Executive Secretary of the Department of State (Eliot) to the President’s Assistant for National Security Affairs (Kissinger)

Eliot provided a status report on five months of meetings between Panamanian and United States officials. He explained that, although agreement was not reached on major issues, tentative understandings had been reached on a number of articles of secondary importance.

Source: National Archives, RG 59, Central Files 1970–73, POL PAN–US. Confidential. Drafted on November 20 by Hurwitch and Finn; cleared by Mundt, Pringle, and Hurwitch. Attached but not published is a position paper entitled “U.S. Position on Treaty Issues,” dated November 19.


557. Memorandum From Arnold Nachmanoff of the National Security Council Staff, to the President’s Assistant for National Security Affairs (Kissinger)

Nachmanoff summarized a recent memorandum from Eliot regarding potential problems that might result from a recent narcotics seizure and informed Kissinger that Panama had become a major conduit for heroin and cocaine traffic to the United States. Nachmanoff’s main concern was the possible effect that public and congressional attention on the narcotics problem might have on the Canal negotiations.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 791, Country Files, Latin America, Panama, Vol. 1, 1 March 1970–31 December 1971. Secret; Exdis. Sent for information. Attached but not published at Tab A is a November 23 memorandum from Eliot to Kissinger.


558. Memorandum From Ashley C. Hewitt of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)

Hewitt summarized two CIA reports regarding the Panama Canal treaty negotiations. The first report indicated that Torrijos criticized the U.S. stance in the Canal negotiations and the second that the Panamanian Government would slow the pace of negotiations until after the August National Assembly elections.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 792, Country Files, Latin America, Panama, Atlantic-Pacific International Ocean Canal Study Commission, Vol. 2, 1972. Secret; Sensitive. Sent for information. Attached but not published are Tabs A and B. Tab A is a January 14 CIA memorandum titled “Plan of Panamanian Government to Issue Official Statement on Status of Canal Treaty Negotiations;” Tab B is a January 17 CIA memorandum titled “Criticism by General Omar Torrijos of the Position Taken by the United States in the Treaty Negotiations.”


559. Special National Intelligence Estimate 84–72

The Central Intelligence Agency discussed the political stance and probable negotiating position of the Torrijos regime regarding the Canal. In addition, the Agency analyzed different threats to the Canal and the possible reaction of the Panamanian Government to those threats under a new treaty relationship.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 361, Subject Files, National Intelligence Estimates, Part 3. Secret.


560. Memorandum From Edward Ridley Finch, Jr. to the Deputy Secretary of State (Irwin)

Finch recounted his conversation with General Torrijos and President Lakas over topics in U.S.-Panamanian relations, including narcotics, the Pan American Highway, and the Panama Canal.

Source: National Archives, RG 59, Central Files 1970–73, POL PAN–US. TLE Sensitive; Personal and Confidential; Nodis. An attached handwritten note reads: “JDI [Irwin] has asked ARA to redraft Finch’s report to make it less sensational. He will ask Finch to sign redrafted version and then send it to WH [White House] under Irwin/Pres memo. This version being given only to ARA and us. Ted—do you want a TLE sensitive for now?” The later version of the letter was sent to the President on November 13 and is ibid., POL 2 PAN. Nixon’s October 9 letter to Torrijos is ibid., Nixon Presidential Materials, NSC Files, Box 760, Presidential Correspondence, 1969–1974, Panama, President Demetrio B. Lakas. Nixon’s letter to Lakas has not been found.


561. Telegram 4843 From the Embassy in Panama to the Department of State

Ambassador Sayre reported that General Torrijos requested a meeting with President Nixon after the U.S. election. Sayre sought authorization to tell the Panamanian head of state that he would not recommend a meeting until he was confident it had a good chance of success.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 791, Country Files, Latin America, Panama, Vol. 3, January 1972. Secret; Exdis. No record of a meeting between Torrijos and Nixon has been found. Torrijos’s comments to Finch are in Document 560. Anderson’s October 5 letter to Tack and Tack’s August 3 memorandum have not been found.


562. Memorandum From William J. Jorden of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)

Jorden discussed efforts to gain the release of two U.S. ships, a possible meeting between President Nixon and General Torrijos, an upcoming UNSC meeting in Panama, and Canal negotiations. If Kissinger thought it were necessary, Jorden stated that he was willing to ascertain from Torrijos what he wanted regarding the Canal negotiations.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 791, Country Files, Latin America, Panama, Vol. 3, January 1972. Secret; Sensitive. Sent for action. The memorandum was sent to Kissinger through Haig. Kissinger approved the recommendation, and wrote next to Jorden’s name: “I think you should go. HK.” [text not declassified] Tab B, “Previous Scenario 11/1/72,” has not been found. For documents on efforts to release the ships, see Documents 258, 262, and 264 in the Cuba compilation. Jorden traveled to Panama February 9–11, 1973.


563. Intelligence Memorandum 2438/72

In this 2 page intelligence memorandum titled, “Panama 1973: The Year of the Treaty?” the Central Intelligence Agency concluded that the current round of Canal treaty talks had stalled mainly because President Torrijos had been unwilling to move from exploratory negotiations to bargaining on the issues to be resolved.

Source: Central Intelligence Agency, Office of Current Intelligence, Job 79–T00832A, Panama, 1973—The Year of the Treaty?. Secret; No Foreign Dissem.