23. Presidential Determination No. 77–191

MEMORANDUM FOR THE SECRETARY OF STATE

SUBJECT

  • Waiver of the Limitation on the Aggregate of Military Assistance Granted under the Foreign Assistance Act of 1961, and of Credits Extended and Loans Guaranteed under the Arms Export Control Act for African Countries in Fiscal Year 1977

Pursuant to the authority vested in me by Section 33(b) of the Arms Export Control Act, as amended, I hereby determine that the waiver of the limitations of Section 33(a) of the Arms Export Control Act, as amended, for fiscal year 1977 is important to the security of the United States.

You are requested, on my behalf, to report this determination promptly to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, as required by law.

This determination shall be published in the Federal Register.

Jimmy Carter

JUSTIFICATION FOR PRESIDENTIAL DETERMINATION UNDER SECTION 33 OF THE ARMS EXPORT CONTROL ACT, WAIVING THE $40 MILLION CEILING ON TOTAL FY 1977 MILITARY ASSISTANCE, CREDITS AND GUARANTEED LOANS TO AFRICAN COUNTRIES

Problem

Section 33 of the Arms Export Control Act limits to $40,000,000 in any fiscal year the total of grant military assistance and of financing for foreign military sales for African countries, exclusive of training. This section also authorizes the President to waive the $40,000,000 limitation if he determines that to do so is important to the security of the United States. Inflationary trends and changes in regional security needs in Africa since Congress enacted the ceiling have required program modifications and waivers of this limitation in recent years. For fiscal year (FY) 1977, Congress enacted security assistance legislation based on an Executive Branch presentation which showed a total of [Page 44] approximately $100,000,000 in military assistance and in foreign military sales (FMS) financing for African countries.

The Executive Branch intends to provide in FY 1977 a total of $108,500,000 in FMS financing for seven African countries—Zaire, Senegal, Liberia, Gabon, Kenya, Morocco and Tunisia. The only grant military assistance program in Africa for FY 1977 was a $6,000,000 program for Ethiopia, which was terminated as a result of events in April 1977.

Justification

The recent Angola-supported invasion of the Shaba region of Zaire, the continued Soviet/Cuban presence in Angola, and the continuing flow of Soviet arms into the Congo (Brazzaville) represent a threat to the security and stability of Central Africa. These developments have heightened insecurity in Gabon and in West Africa, where Senegal and Liberia also share borders with Soviet-supported Guinea.

The preservation of Zaire’s territorial integrity and the maintenance of security and stability in Central and West Africa are important to the security interests of the United States. To further these interests, the Executive Branch is planning to furnish FY 1977 FMS financing totaling:

—$28,000,000 to Zaire for the purchase of nonlethal military equipment and supplies required to repel the Shaba invasion and military equipment to improve Zaire’s defensive capability upon the completion of the Shaba operations.

—$2,000,000 to assist Gabon’s purchase of one C–130 aircraft and the financing of armored cars.

—$8,000,000 to Senegal for the purchase of engineering equipment for its armed forces.

—$500,000 to Liberia to improve its modest military capability and support the civic action program conducted by its armed forces.

During the past six months, there have also been destabilizing developments in East Africa. Ethiopia’s continued internal instability, its declining relations with Sudan and the United States, its growing ties with the Soviet Union, and the coming independence of Djibouti have fostered an atmosphere of political uncertainty in the region. Kenya remains directly threatened by the forces of Somalia and Uganda, which have superior Soviet equipment. Kenya is also one of the few countries on the east coast of Africa which allows U.S. naval vessels to make port calls. Kenya’s continued pro-Western democratic orientation and continued U.S. naval access to Kenyan ports are important to the protection of U.S. security interests in the Indian Ocean region. To support these security interests, the Executive Branch plans to provide Kenya $15,000,000 in FY 1977 FMS financing to facilitate its 1976 purchase of F–5E aircraft.

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In North Africa, Morocco and Tunisia respectively occupy strategic positions at the entrance to and along the southern shore of the Mediterranean Sea. They have neighbors whose largely Soviet-supplied military power greatly exceeds their own. Morocco provides U.S. naval vessels access to its ports and has supported recent U.S. efforts to secure peace in the Middle East. Tunisia is a moderate voice in Arab councils, particularly in contrast with its neighbor Libya, which continues to intervene in the affairs of its neighbors. Tunisia also provides units of the U.S. Sixth Fleet with their only regular access to ports on the central southern shore of the Mediterranean Sea.

To advance U.S. security interests in North Africa and the Mediterranean Sea, the Executive Branch expects to furnish FMS financing totaling $30,000,000 to Morocco for payments on transport and training aircraft and other defense equipment and $25,000,000 to Tunisia for payments toward the purchase of an air defense system.

  1. Source: Carter Library, National Security Affairs, Brzezinski Material, Brzezinski Office File, Country Chron File, Box 50, Tunisia. No classification marking.