Foreign Relations of the United States, 1977–1980, Volume XVII, Part 3, North Africa

24. Memorandum From Acting Secretary of State Christopher to President Carter¹

Washington, August 20, 1977

SUBJECT

• Eligibility of Chad to Purchase Defense Articles and Defense Services under the Arms Export Control Act

Problem

You are asked to find that the sale of defense articles and defense services under the Arms Export Control Act (the Act) to Chad will strengthen the security of the United States and promote world peace. Your finding will assist the United States Government in responding positively to a Chadian request for approval to purchase military equipment and training on a government-to-government basis under Foreign Military Sales (FMS) procedures. This would be the first new country made FMS eligible by your Administration.

Background

Chad’s request for defense articles and services from the United States results from its unsuccessful efforts to quell an insurgency in northern Chad that has been receiving increased military support from Libya. On July 15, Vice President Mondale told the Chadian Vice President that we would assist in restoring Chad’s territorial integrity.² The Government of Chad has requested assistance from other governments as well as the United States to stabilize the situation.

I believe it is in our security interest to work with France and other interested governments to ensure that the internal security of Chad does not further deteriorate, and to ensure that Chad can assert control over its territory to the maximum extent possible.

If you approve this Determination, we would plan, subject to your agreement, to establish the military supply relationship with Chad on the understanding that it would be designed essentially to meet the current problem and would not be enduring. The principal purpose of your Determination would be to gain the authority to permit third country transfers. However, we would also wish to be in a position to authorize government-to-government sales of equipment which we have indicated to Chad we are prepared to provide. While our strong preference would be for third countries to finance such purchases, we plan to include a small amount of FMS credit for Chad in our preparations for the FY 1979 budget submissions in the event other countries prove unwilling to finance Chad’s military needs.

Legal Considerations

Chad is not at present eligible to purchase defense articles and services on a government-to-government basis. Section 3(a)(1) of the Act provides as one of the conditions of eligibility for any foreign country to purchase defense articles or defense services from the United States Government that the President find that such sales will “strengthen the security of the United States and promote world peace.” Authority to make this finding is reserved to the President by Section 1(a) of Executive Order 11958 of January 18, 1977. Section 3(a) of the Act also provides that consent may not be given to the proposed transfer from a third party of FMS-origin defense articles or services unless the United States would itself transfer the articles and services in question to the proposed recipient.

Other considerations

Because the equipment which we would consider for transfer to Chad would be limited in quantity, variety and sophistication, your determination of eligibility would not be inconsistent with your general arms transfer policy.

Chad’s human rights record has improved considerably under the military regime that came to power following the April 1975 coup d’etat. Though arbitrary arrests of suspect guerrillas have occurred, most detainees are quickly either brought to trial or released.

Preliminary soundings indicate that we must expect some Congressional opposition to expanding the list of countries eligible for FMS sales in light of your avowed determination to reduce arms sales worldwide. We doubt, however, given the limited nature of any likely sales to Chad, that there will be a major opposition to declaring Chad eligible to purchase defense articles and services from the United States. Although not required by law, we believe notification to Congress and publication of the Determination in the Federal Register will be helpful in its implementation.

Recommendation

I recommend that you approve and sign the attached Determination, thereby also approving the attached justification therefor. The Department of Defense concurs. In accordance with established procedures, your Determination and the attached justification therefor will be furnished to the Congress. The Determination alone will be published in the Federal Register.³

1. Source: Carter Library, National Security Affairs, Brzezinski Material, Brzezinski Office File, Country Chron File, Box 7, Chad. Confidential. Sent to Carter under an August 30 covering memorandum from Brzezinski, who recommended the President sign the Determination.
2. See footnote 2, Document 18.
3. Not attached. Presidential Determination No. 77–20, signed by Carter on September 1, is in the Carter Library, National Security Affairs, Brzezinski Material, Brzezinski Office File, Country Chron File, Box 7, Chad.