37. Memorandum From Paula Dobriansky and David Major of the National Security Council Staff to the President’s Assistant for National Security Affairs (McFarlane)1

SUBJECT

  • Imposition of Travel Restrictions on East European Officials

Attached at Tab I is a memorandum from State regarding the imposition of travel restrictions on East European officials.2 Specifically, it notes that in accordance with NSDD 196 (Tab II),3 the Department has imposed a requirement that all East German, Polish, Czech and Bulgarian officials in the U.S., as well as their nationals assigned to the U.N. Secretariat, use the Office of Foreign Missions (OFM) to book commercial transportation and public accommodations. The Department has advised the Hungarian and Romanian governments that similar requirements will be imposed on their officials if their personnel engage in espionage activities in the U.S.

NSDD 196 (option #7) states that “East European hostile country officials are to use the OFM service bureau to book commercial transportation and public accommodations unless expressly waived in specific instances by the Secretary of State”. State’s memorandum, however, does not indicate why Shultz waived this requirement for the Hungarians and Romanians. In fact, their memorandum seems to imply that Hungary and Romania have abstained from espionage and intelligence-related activities in the U.S.—which is clearly not true. If the reason for their exclusion stems from our differentiation policy, one must ask whether the political benefits of their exclusion outweigh the costs of not restraining their intelligence activities.

As you know, this was a contentious issue during the IG/CI and ISG(I) deliberations. A decision was reached that waiving the restrictions for any Eastern European country would require a specific explanation. Up until late October, State repeatedly indicated that they planned to exempt all the East European countries. In November, Jim Nolan advised us that a proposal was being forwarded to Secretary Shultz which would exempt Hungary and Romania. Neither the [Page 128] paper nor State’s rationale for this recommendation was provided to the NSC.

Coincidental to State’s testimony before Congress on this issue, State called in and briefed the East European Ambassadors on the travel guidelines. Apparently, these steps were taken simultaneously to avoid the Administration from being accused of responding solely to Congressional pressure on this issue. However, State undertook this unilateral action without coordinating with NSC, despite the language of NSDD 196 which provides that “the CI/CM implementing task force will make the decisions on the method, timing, and procedures to implement the SIG(I) options . . . The final implementation decision will be made by the President.”

The NSDD also indicates that waived countries will be placed under OFM controls if their personnel engage in espionage and/or intelligence related activities in the United States. As State’s memo omitted any reference to intelligence related activities, it is unclear whether the Hungarian and Romanian Ambassadors were correctly informed about the content of our policy (Note: There is a major distinction between pure espionage resulting in an arrest and an intelligence activity (i.e. clandestine meeting with a double agent)).

Given the actions taken by State already, it is arguably too late to raise this issue in formal interagency channels. It would, however, be advisable for you to discuss this matter with Shultz during one of the breakfast meetings. You should inform him of State’s lack of coordination and query him as to why Hungary and Romania were excluded from the imposed travel restrictions.

Jack Matlock and Ken DeGraffenreid concur.4

RECOMMENDATION

That you raise this matter with Shultz at a breakfast meeting.5

  1. Source: Reagan Library, Paula J. Dobriansky Files, Europe, Eastern (General) (6). Secret. Sent for action.
  2. Attached but not printed. The memorandum from Platt to McFarlane, December 2, outlined the travel restrictions that the Department of State was now imposing on East German, Polish, Czech, and Bulgarian government officials traveling in the United States.
  3. Attached but not printed.
  4. Matlock and deGraffenreid initialed their concurrence. Major initialed for deGraffenreid.
  5. The recommendation was neither approved nor disapproved.