174. Memorandum From Michael A. Guhin of the National Security Council Staff to the President’s Assistant for National Security Affairs (Clark)1

SUBJECT

  • LOS and Oceans Policy Review

This memo updates and expands on some of the considerations relevant to my recommendation to turn off Watt’s effort to have oceans policy under the Cabinet Council on Natural Resources and Environment and to keep ocean policy in the LOS IG/SIG system.2

A Cabinet Council working group met this week and wants to move fast on some substantive issues. I support moving fast on these issues, but the Cabinet Council is still the wrong forum for that. First, the issues which it is addressing are not only international and LOS-related but also tie into other LOS and ocean policy matters that are being considered by State, Defense and the LOS IG system. Coordination is important among these issues and that is best done with one focal point, not two. Second, State is in fact the only agency qualified to do the papers and backup support for those issues which the Cabinet Council is considering, and this argues as well for its having lead agency role.

Interior moved into this oceans policy not only because it has wanted it for some time but also because of a vacuum at State. Malone has not been active in the interagency process since his nomination was withdrawn and has not moved to command any of these issues;3 his deputy does not have the wherewithal to command them under existing circumstances and may believe that Interior is closer to his views than State anyway (largely since Shultz was persuaded to go against the LOS IG and recommend that it not be treated as a special issue);4 and Buckley has been more or less in abeyance because of other priority issues and his role in this one is unclear.

[Page 504]

If we wish to coordinate some initiatives most effectively, that could prove positive, I believe we ought to focus them in the LOS IG/SIG system, perhaps reinforced by reiterating your May directive for a review of oceans issues.5 If combined with a decision on the emissary and if Buckley assumed a clearer role, this could energize the system. If this course is not accepted, we may wish to consider forming a new LOS SIG (perhaps in conjunction with naming an emissary). Spreading these issues among two different systems is, in my view, the worst alternative.

  1. Source: Reagan Library, Guhin, Michael A.: Files, 9/24/1982–9/26/1982. Confidential. Sent for information. A stamped notation on the memorandum indicates Clark saw it.
  2. In a September 21 memorandum to Clark, Guhin expressed his concerns regarding the Cabinet Council on Natural Resources. (Ibid.)
  3. In July 1982, Reagan withdrew Malone’s nomination for Ambassador-at-Large for the Law of the Sea Conference. (Miller, “Nominee to Sea Parley Withdrawn by Reagan,” New York Times, July 27, 1982, p. A10)
  4. See Document 171.
  5. See attachment, Document 158.