Office of the Historian

214. Memorandum From Denis Clift of the National Security Council Staff to the President’s Assistant for National Security Affairs (Scowcroft)1

Washington, July 22, 1976.

SUBJECT

  • Senate Declarations Regarding the Spanish Treaty

You requested (Tab A) additional information regarding the five declarations included in the Senate’s June 21 resolution giving its advice and consent to the Spanish Base Treaty and its related agreements and notes. The Senate gave its advice and consent subject to the declaration that:

(1) the United States, recognizing the aspiration of Spain to achieve full participation in the political and economic institutions of Western Europe, and recognizing further that the development of free institutions in Spain is a necessary aspect of Spain’s full integration into European life, hopes and intends that this Treaty will serve to support and foster Spain’s progress toward free institutions and toward Spain’s participation in the institutions of Western European political and economic cooperation;

(2) the United States, while recognizing that this Treaty does not expand the existing United States defense commitment in the North Atlantic Treaty area or create a mutual defense commitment between the United States and Spain, looks forward to the development of such an expanded relationship between Western Europe and a democratic Spain as would be conducive to Spain’s full cooperation with the North Atlantic Treaty Organization, its activities and mutual defense obligations;

(3) the United States, recognizing that this Treaty provides a framework for continued nuclear cooperation for peaceful purposes with Spain, looks forward to a continued relationship in this field commensurate with steps taken by Spain toward becoming a party to the Treaty on the Non-Proliferation of Nuclear Weapons or placing all of its nuclear facilities under safeguards administered by the International Atomic Energy Agency;

(4) Senate advice and consent to ratification shall be understood to apply only to the initial five-year period of the Treaty, so that any United States agreement to an extension of the Treaty shall require the further advice and consent of the Senate; and

(5) the sums referred to in the Supplementary Agreement on Cooperation Regarding Matériel for the Armed Forces and Notes of Jan [Typeset Page 701] uary 24, 1976, appended to the Treaty, shall be made available for obligation through the normal procedures of the Congress, including the process of prior authorization and annual appropriations, and shall be provided to Spain in accordance with the provisions of foreign assistance and related legislation.

Comment: The first three declarations are statements of principle and are not considered binding. The last two procedural declarations are consistent with our understanding with Congress. The question that arises is whether the declarations should be included in the instruments of ratification to be signed by the President. The Spanish would oppose their inclusion. State is in touch with Ambassador Stabler on this. State believes that we will not be required to include the declarations either for domestic or international legal reasons. We concur that it would be unwise to include specific reference to the Senate declarations in the instrument of ratification.

State informs us that the instrument of ratification will be sent to us next week with ratification planned for early August. A signing ceremony may not be appropriate since either the Spanish or the Senate will be upset regarding the decision on including the Senate declarations in the instrument of ratification.

  1. Summary: Clift discussed the Senate’s declarations concerning the U.S.-Spanish Treaty of Friendship and Cooperation.

    Source: Ford Library, National Security Adviser, Presidential Country Files for Europe and Canada, Box 12, Spain (4). Secret. Sent for information. Attached but not published is Tab A. Scowcroft initialed the memorandum.

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