210. Memorandum for the Record1

The attached reflects an oral expression of opinion by Secretary Vance in a discussion2 at the Cairo airport on March 13, 1979, with President Carter, President Sadat and Prime Minister Khalil.

[Page 738]

Attachment

Letter From Secretary of State Vance to Egyptian Prime Minister Khalil3

Dear Mustafa:

I am writing this to follow up our discussions on March 13 at the Cairo airport concerning the Agreed Minutes to Articles VI (2) and VI (5) of the Treaty of Peace. Those Agreed Minutes are as follows: Quote:

ARTICLE VI (2)

The provisions of Article VI shall not be construed in contradiction to the provisions of the Framework for Peace in the Middle East Agreed at Camp David. The foregoing is not to be construed as contravening the provisions of Article VI (2) of the Treaty, which reads as follows:

The Parties undertake to fulfill in good faith their obligations under this Treaty, without regard to action or inaction of any other party and independently of any instrument external to this Treaty.

ARTICLE VI (5)

It is agreed by the Parties that there is no assertion that this Treaty prevails over other treaties or agreements or that other treaties or agreements prevail over this Treaty. The foregoing is not to be construed as contravening the provisions of Article VI (5) of the Treaty, which reads as follows:

Subject to Article 103 of the United Nations Charter, in the event of a conflict between the obligations of the Parties under the present Treaty and any of their other obligations, the obligations under this Treaty will be binding and implemented. Unquote.

This will confirm that in my opinion these Agreed Minutes to Articles VI (2) and VI (5) are interpretations of those Articles.

Sincerely yours,

Cyrus Vance4
  1. Source: National Archives, RG 59, Bureau of Near Eastern and South Asian Affairs, Files of Alfred L. Atherton, Lot 80D166, Box 8, Final Treaty Package. Secret. On March 14, Vance sent the letter to Cairo in an unnumbered telegram while en route to Washington in Air Force One. (Carter Library, National Security Affairs, Brzezinski Material, Cables File, Middle East, Box 48, 3/6–15/79)
  2. See Document 202.
  3. Secret.
  4. Printed from a copy that bears this typed signature.