262. Memorandum From William J. Jorden of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)1 2

[Page 1]

SUBJECT:

  • Cuban Proposal to Release Babun Ships and Crewman

We have received an interesting and important proposal from the Cubans via the Panamanians. General Torrijos has sent the following message through his G–2, Colonel Noriega, [text not declassified]

“Visiting Cuban Alfredo Garcia informed Foreign Minister Juan A. Tack that Cuba wanted to rid itself of the problem Cuba has had since impounding the Babun ships and crews. Garcia told Tack that the Mexican Embassy in Cuba was pressuring the Cubans for release but (the latter) would prefer to make the release to the Panamanian Government. Garcia said if Torrijos would send a delegation to Cuba to negotiate the return of the ships and crews (including Captain Villa who Garcia said was under death sentence), he believed that they would be released to Panama. Torrijos said that if President Nixon wants him to do so, he would make the request to the Cubans for release. Torrijos is prepared to send a delegation to Cuba next week.”

[text not declassified] in making this offer, Torrijos is trying to build credit with President Nixon. He feels that return of the ships and crews would be of possible political value during the election campaign.

[text not declassified] The Department of State has not been advised yet of the above information.

BACKGROUND

Last December, the Cubans seized two ships of Panamanian registry—the LAYLA EXPRESS on December 5, 1971, and the JOHNNY EXPRESS on December 15, 1971. They are owned and operated by the Babun Brothers, Cuban exiles. Both ships have been used in the past as mother ships for infiltration raids into Cuba by exile groups. All but four crewman from the ships have already been released [Page 2] by the Cubans. The four still in custody are all of Cuban extraction; but one, Captain Jose Villa, is an American citizen. Our information is that Villa has been sentenced to 30 years in prison, not to death as Garcia claimed. You will recall that Captain Villa’s wife and daughter have made repeated appeals for our help in securing the Captain’s release. One appeal was made in person to President Nixon at Key Biscayne.

The Alfredo Garcia mentioned in the message is an identified Cuban intelligence officer.

COMMENT

It may well be that the Cubans do want to liquidate this problem which has been something of an embarrassment in their relations with other Latin countries. They probably also feel that they have made their point effectively—i.e., that ships used against them are in danger of seizure. Nor has the imprisonment of Captain Villa—and the related adverse publicity—done Havana much good. However, if the Cubans receive a Panamanian delegation and agree to the request to release the ships and men, they will certainly ask for a quid pro quo. I assume that would probably be Panamanian agreement to recognize Cuba and restore diplomatic relations.

In fact, I would not be surprised if this is not a Panamanian idea rather than a Cuban initiative. We know that Torrijos and Tack have been moving in the direction of restoring relations with Havana. (Panama voted with Peru at the recent OAS meeting to free hemisphere governments from continuing sanctions against Cuba.)

It may also be that Torrijos, in making this offer, is looking ahead to concessions from us in the Canal negotiations.

Despite all this, there does seem to be some prospect that Panama can induce the Cubans to release the two ships as well as Captain Villa and the other three men. Certainly that is desirable—especially the release of Captain Villa, an American citizen, whose family has gone through agonizing worry and misery. But we must recognize that we will be incurring a debt to Torrijos—probably Panama’s recognition of Cuba and/or concessions on canal treaty issues.

RECOMMENDATION

That we go back to Torrijos/Noriega [text not declassified] with something like the following:

“We have received the message given us by Colonel Noriega. Since the two ships in question are of Panamanian registry, we assume that the [Page 3] Panamanian Government is interested in their prompt return to their rightful owners. The U.S. Government is mainly interested in the release of the crew members who have been illegally imprisoned. We are especially desirous of securing the earliest possible release of Captain Villa. We would appreciate anything President Torrijos can do toward this end.”

This puts our appeal principally on humanitarian grounds rather than commercial. It also avoids a direct appeal from President Nixon to Torrijos. But it does unleash the Panamanians to do what they can to win the release of Villa and the others, as well as the ships. (Note: We have reason to believe that the Babun ships have on occasion been used in the narcotics traffic.)

Because of the sensitivity and complexity of this matter, I believe you will wish to discuss it orally with the President rather than putting it in memo form.

Approve suggested message to Torrijos
Approve message, as revised
Disapprove
Call me on this

  1. Source: National Archives, Nixon Presidential Materials, NSC Files, Box 781, Country Files, Latin America, Cuba, Vol. IV, 1972. Secret; Sensitive. Sent for action. The approval line was not marked.
  2. Jorden reported on a proposal by the Cuban Government to release the ships and crewmen involved in the Johnny Express incident of December 1971.