Foreign Relations of the United States, 1977–1980, Volume XIX, South Asia

58. Memorandum From Secretary of State Muskie to President Carter¹

Washington, undated

SUBJECT

• Eligibility of Bangladesh to Purchase Defense Articles and Defense Services Under The Arms Export Control Act

I. ISSUE

I am recommending that you find that the sale of defense articles and services under the Arms Export Control Act (the Act) to Bangladesh “will strengthen the security of the United States and promote world peace.” Such a finding is a condition of eligibility for Foreign Military Sales (FMS) under Section 3(a)(1) of the Act.

II. BACKGROUND

Bangladesh has a long-standing interest in developing the U.S. as a source of supply for military equipment and training. President Zia raised the issue during his August meeting with you.² Former Soviet sources of supply have now been completely closed down as a result of conscious choices by the present Bangladeshi leadership to move toward a more moderate and truly non-aligned foreign policy.³

There are good reasons for us to respond positively to these moves. We should continue to encourage a leadership that has already shown a readiness to identify with U.S. positions, often accepting political risks to do so. The Bangladeshis have given very positive support on Afghanistan, signed the Non-proliferation Treaty,⁴ and played a constructive role in the Security Council and the Non-Aligned Movement. Bangladesh is the only South Asian country denied FMS eligibility.

Internally, the military is the most cohesive element within a still developing Bangladeshi institutional framework. It has played a critical role in responding to natural disasters and promoting economic development. Maintenance of the military’s effectiveness and credibility is important to the stability of Bangladesh.

Initial sales under the FMS program would be directed toward expanded training in much needed managerial skills and the acquisition of dual purpose military equipment which would enhance the military role in economic development. We plan to limit both material and training programs to modest levels consistent with the priority we assign to economic development and population control.

LEGAL CONSIDERATIONS

Bangladesh is at present not 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.

ACDA does not object to this Determination. Future transfers will be reviewed by ACDA on a case-by-case basis.

CONGRESSIONAL ATTITUDES

Although not required by law, we believe that notification to the Congress and publication of your finding in the Federal Register would be helpful in its implementation. We do not anticipate any unfavorable Congressional reaction. All previous eligibility findings now in effect have been so notified and published.

RECOMMENDATION

That you approve and sign the attached Determination,⁵ thereby also approving the attached justification.⁶ In accordance with established procedures, your Determination and the attached justification will be furnished to the Congress. The Determination alone will be published in the Federal Register.

1. Source: National Archives, RG 59, Central Foreign Policy File, P810021–1965. Confidential.
2. See Document 57.
3. See Document 51.
4. Bangladesh signed the Nuclear Non-Proliferation Treaty on August 31, 1979.
5. Not attached. Carter signed Presidential Determination No. 81–1 on December 31. (National Archives, RG 59, Central Foreign Policy File, P810007–0325)
6. Attached but not printed is an undated paper prepared in the Department of State entitled “Justification for Presidential Determination on the Eligibility of Bangladesh to Make Purchases of Defense Articles and Defense Services Under the Arms Export Control Act, as Amended.”