232. Draft Memorandum of Agreement Between the Governments of the United States of America and the State of Israel1
Memorandum of Agreement Between the Governments of the United States of America and the State of Israel
Recognizing the significance to Israel2 of the conclusion of the Treaty of Peace between it3 and Egypt and considering the importance of full implementation of the Treaty of Peace to Israel’s4 security interests, the contribution of the conclusion of the Treaty of Peace to the security and development of Israel5 as well as its significance to peace and stabil-ity in the region, and to the maintenance of international peace and security;
Recognizing that the withdrawal from Sinai imposes additional heavy security, military and economic burdens on Israel;
The Governments of the United States of America and the State of Israel, subject to their constitutional processes and applicable law, confirm as follows:
1. In the light of the role of the United States in achieving the Treaty of Peace and the parties’ desire that the United States continue its supportive efforts, the United States will take appropriate measures to promote full observance of the Treaty of Peace.
2. Should it be demonstrated to the satisfaction of the United States that there has been a violation or threat of violation of the Treaty of Peace, the United States will consult with the parties with regard to [Page 800] measures to halt or prevent the violation, ensure observance of the Treaty of Peace, enhance friendly and peaceful relations between the parties and promote peace in the region, and will take such remedial measures as it deems appropriate, which may include diplomatic, economic and military measures as described below.
3. The United States will provide support it deems appropriate for actions taken by Israel in proper6 response to violations7 of the Treaty of Peace. In particular, if a violation of the Treaty of Peace is deemed to threaten the security of Israel, including, inter alia, a blockade of Israel’s use of international waterways, a violation of provision of the Treaty of Peace concerning limitation of forces or an armed attack against Israel, the United States will be prepared to consider, on an urgent basis, such measures as the strengthening of the United States presence in the area, the providing of emergency supplies to Israel, and the exercise of maritime rights in order to put an end to the violation.
4. The United States will support the parties’ rights to navigation and overflight for access to either country through and over the Strait of Tiran and the Gulf of Aqaba pursuant to the Treaty of Peace.
5. The United States will oppose and, if necessary, vote against any action or resolution in the United Nations which in its judgement adversely affects the Treaty of Peace.
6. Subject to Congressional authorization and appropriation, the United States will endeavor to take into account and will endeavor to be responsive to military and economic assistance requirements of Israel.
7. The United States will continue to impose restrictions on weapons supplied by it to any country which prohibits their unauthorized transfer to any third party. The United States will not supply or authorize transfer of such weapons for use in an armed attack against Israel, and will take steps to prevent such unauthorized transfer.8
- Source: Department of State, Office of the Secretariat Staff, Cyrus R. Vance, Secretary of State—1977–1980, Lot 84D241, Box 5, Middle East Peace Treaty—1979. No classification marking. The memorandum is stamped “CV,” indicating that Vance saw the document. In the upper right-hand corner, Carter wrote: “My suggestions. JC.” An earlier, March 16 line-in, line-out draft of the memorandum text, containing Israel’s proposed deletions and additions, is ibid. A handwritten record of Vance’s March 23 meeting with Dayan, at which they discussed the draft Memorandum of Agreement, is in the Department of State, U.S. Embassy Tel Aviv, Principal Officer Program Files, Lot 85F104, Personal for Ambassador Lewis—Sensitive Notes 1979. The final version of this memorandum of agreement, dated March 26, is printed in Dayan, Breakthrough, pp. 356–357. A similar draft memorandum of agreement with Egypt, replicating most of the points of the agreement with Israel is in the Department of State, Office of the Secretariat Staff, Cyrus R. Vance—Secretary of State 1977–1980, Lot 84D241, Box 5, Peace Treaty March 1979.↩
- Carter struck through the phrase “to Israel.”↩
- Carter deleted “it” and replaced it with“Israel.”↩
- Above this, Carter wrote “[Egypt].”↩
- Above this, Carter wrote “[Egypt].”↩
- An unknown hand moved the word “proper” up between “for” and “actions” in this sentence to read “The United States will provide support it deems appropriate for proper actions taken by Israel.”↩
- An unknown hand inserted the words “such demonstrated” between “to” and “violations” to read “to such demonstrated violations.”↩
- The final version of the memorandum added two further paragraphs. Paragraph 8 reads: “Existing agreements and assurances between the United States and Israel are not terminated or altered by the conclusion of the Treaty of Peace, except for those contained in Articles 5, 6, 7, 8, 11, 12, 15, and 16 of Memorandum of Agreement between the Government of Israel and the Government of the United States (United States-Israeli Assurances) of 1 September 1975.” Paragraph 9 reads: “This Memorandum of Agreement sets forth the full understandings of the United States and Israel with regard to the subject matters covered between them hereby, and shall be implemented in accordance with its terms.” (Dayan, Breakthrough, p. 357)↩