Foreign Relations of the United States, 1969–1976, Volume E–10, Documents on American Republics, 1969–1972

252. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to Secretary of State Rogers, Secretary of Defense Laird, Secretary of Transportation Volpe, and Director of Central Intelligence Helms¹ ²

Washington, December 23, 1971

SUBJECT:

• Safeguarding of Freedom of Navigation in the Caribbean for Third Country Flag Vessels Engaged in Commercial Pursuits

The President has reviewed the Contingency Plan submitted by the Interdepartmental Group for Inter-American Affairs (IG/ARA) on the above subject and has approved it with the following modifications:

• —US military aircraft and vessels are authorized to enter the air space and territorial waters of friendly countries without prior permission if in the act of preventing or forestalling a Cuban attack on a third country vessel. The country whose air space or territorial waters we have entered is to be simultaneously informed of the incident and the reasons for our entering their territory.
• —At the first indication of Soviet movements or intentions which might lead to the involvement of Soviet units in the area in an incident of this kind, the President is to be immediately informed.
• —No steps should be taken to inform the other members of the Organization of American States (OAS) or the Soviet Union of our intentions or actions to date.

In addition, the President has directed the Secretaries of State and Defense to prepare a study of the advisability and feasibility of escorting specific vessels potentially threatened by Cuban attack. The Secretary of State should also prepare a scenario and the necessary supporting papers for raising the issue in the Organization of American States in a timely fashion if another attack on a third country vessel occurs. Both papers should be submitted no later than January 7, 1972.

Henry Kissinger

1. Source: Central Intelligence Agency, Executive Registry, Subject Files, Job 80–B01086A. Top Secret. Copies were sent to the Chairman of the Joint Chiefs of Staff and the Attorney General. The contingency plan is Document 251.
2. President Nixon approved the contingency plan submitted by the Department of State Inter-Departmental Group for Inter-American Affairs (IG/ARA) with modifications.