Office of the Historian

103. Memorandum From Acting Secretary of State Rush to President Nixon, Washington, January 16, 1974.1 2

Washington, January 16, 1974

DEPARTMENT OF STATE
WASHINGTON

January 16, 1974

MEMORANDUM FOR THE PRESIDENT

SUBJECT: Letter to President Suharto on the Law of the Sea Negotiations

The Law of the Sea Conference is scheduled to begin its first substantive session in June 1974. Among the most important issues in these negotiations is freedom of navigation. The United States has proposed specific treaty articles which would, among other things, guarantee free transit through and over international straits. Several countries have opposed the U.S. on this issue. This opposition has come principally from certain countries bordering on international straits and certain archipelago states such as Indonesia and the Philippines. These countries wish to gain international recognition of their archipelago concept which, in effect, could deny high seas freedoms to all waters within the archipelago.

It is possible that the archipelago countries can be accommodated in these negotiations without injuring U.S. navigational interests. U.S. representatives have discussed this issue with representatives of Indonesia and they have indicated they would welcome further exploratory talks. A formula which could be worked out with Indonesia might be acceptable to most, if not all, other archipelago states. Were this to happen, a major element of opposition to our straits proposal would be removed and the prospects for a successful Law of the Sea Conference improved.

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I believe that exploratory talks on this issue should begin at an early date and that the best method to initiate such talks would be by means of a letter from you to President Suharto. Attached for your signature is a proposed letter.

Sincerely,

[signed]
Kenneth Rush
Acting Secretary

Attachment: Proposed letter to President Suharto

  1. Source: National Archives, Nixon Presidential Materials, NSC Files, Box 755, Presidential Correspondence, Indonesia, Suharto [1970–1974]. Secret. The proposed letter, not attached, is Document 106.↩
  2. Rush recommended that Nixon send Suharto a letter on the Law of the Sea negotiations.↩