618. Telegram 5166 From the Embassy in Peru to the Department of State1 2
For Ambassador Belcher from Clark
Subject:
- Overflight Problem
Ref:
- State 135777
1. As instructed reftel, I discussed overflight problem yesterday with FonOff SecGen Garcia Bedoya.
2. I reminded Garcia Bedoya that this problem had been with us now for over two years and was still unresolved. I said that despite the many conversations we had had on the subject we were still unclear as to what the GOP policy was on free passage through the territorial limits claimed by Peru, but not recognized by the United States, and therefore did not know what the root of the problem was. I noted that no problem existed with regard to surface vessels and recalled that FonMin Mercado had told Charge Siracusa in August of 1969 that he was in disagreement with the effort to control air traffic over the 200 mile zone (Lima 5948). I said that we had also taken note of paragraph 6 of the Montevideo Declaration and FonMin Mercado’s opening statement at the recent Lima LOS Conference, both of which suggested that it was not intended that there be interference with the right of [Page 2] free passage on and over the area to sea claimed by Peru and other governments. In view of the foregoing, I said, we were at a loss to understand precisely where the problem lay and how it might be resolved. The simplest and most desirable solution, I added, would be to go back to the status quo ante in accordance with which US military aircraft would merely resume overflights as before.
3. Garcia Bedoya said he recalled that there had been an exchange of notes on the subject between the Embassy and the Foreign Office. I replied that his recollection was correct, but that the wording of the Foreign Office note had given us some problems, mentioning specifically the reference to the air space over “jurisdictional waters” and said that if the existence of these notes constituted a problem for the Foreign Office we could agree to withdraw them. Again, I reiterated, we were not clear about what the GOP’s policy on free passage was and therefore precisely what the problem might be. This is what we would hope could be clarified in order that we might find a way to resolve it.
4. I said to Garcia Bedoya that this matter of free passage and free access was very important to the United States and that there had been some suggestions that the problem be taken up at the very highest level. He said he understood and gave me his assurance he would make known to FonMin Mercado before the latter’s departure on September 6 my representations with regard to this problem and would consult with him about it. He further assured me that he would throughly review the matter and get in touch with me again as soon as possible.
- Source: National Archives, RG 59, Central Files 1970–73, POL 33–4 PERU. Confidential; Limdis; No Distribution Outside Department.↩
- Edward W. Clark and Garcia Bedoya discussed the matter of overflights through territorial limits claimed by Peru. Clark reported that he told Bedoya that the problems may be taken up “at the very highest level.”↩