Foreign Relations of the United States, 1981–1988, Volume XLIV, Part 1, National Security Policy, 1985–1988

275. Memorandum From the President’s Assistant for National Security Affairs (Powell) to President Reagan¹

Washington, August 12, 1988

SUBJECT

• ABM Treaty Review—Proposed NSDD on U.S. Delegation Instructions

Issue

Whether to sign the National Security Decision Directive providing instructions to the U.S. Delegation to the ABM Treaty Review which is scheduled to begin on August 24, 1988.

Background

In NSDD–312,² you provided guidance to agencies for the conduct of the Review and, inter alia, directed that the special interagency ABM Treaty Review Steering Group should finalize and provide for your approval the U.S. Delegation instructions and the plenary statements to be tabled during the ABM Treaty Review. In response to your directive, the Steering Group has forwarded these documents for review and approval.

Discussion

The instructions to the Delegation in the proposed NSDD at Tab A³ indicate that you have decided not to declare the illegal Soviet radar near Krasnoyarsk a material breach of the ABM Treaty during the ABM Treaty Review. The instructions make it clear that the U.S. would consider such an action in the future, but there is no suggestion that a decision has been made now to declare a material breach after the Treaty Review. The instructions also call for putting the Soviets on notice during the Treaty Review that should the Soviet Union continue to refuse to correct the Krasnoyarsk radar violation, the U.S. would reserve its rights to take the appropriate proportionate response in the future, including a declaration of material breach.

The plenary statements, unilateral U.S. statement, communique and protocol at Tab B⁴ are fully consistent with the attached NSDD and therefore may be forwarded to agencies along with the attached NSDD. They do not require your review.

In accordance with NSDD–266,⁵ Nicholas Rostow, Legal Adviser to the NSC, has coordinated the attached NSDD with A.B. Culvahouse in advance of its submission to you.

Recommendation

OK NO

____ ____ That you sign the NSDD at Tab A.⁶

1. Source: National Security Council, National Security Council Institutional Files, Box SR–097, NSDD 313. Secret. Sent for action. Prepared by Linhard and Heiser. Copies were sent to Bush and Duberstein.
2. See Document 272.
3. Printed as Document 276.
4. Attached but not printed.
5. NSDD 266, “Implementation of the Recommendations of the President’s Special Review Board,” March 31, 1987, is scheduled for publication in Foreign Relations, 1981–1988, vol. II, Organization and Management of Foreign Policy.
6. Reagan approved the recommendation.