59. Memorandum From the Director of the Arms Control and Disarmament Agency (Lehman) to Secretary of State Baker1

SUBJECT

  • Malta and Arms Control

The President has reinforced his view that Malta2 is not meant to be an arms control summit and has sought to control the agenda and keep down expectations. He has said he is taking no specific proposals and is seeking no agreements. At the same time, he correctly acknowledges that he wishes to discuss a range of issues including arms control and will be prepared to do so. To help in that process I offer the attached paper in which I have attempted briefly to place arms control in the context of current changes and then to offer some specific suggestions. I would appreciate your making this paper available to the President as he prepares.

The paper makes the following points:

Progress in human rights may ultimately do more for real arms control than anything we do in the arms negotiations, but our arms control efforts also are designed to improve the prospects for change in Eastern Europe and the Soviet Union. We should do nothing to slow that process, but violent Soviet repression could derail arms control.

The START Talks need a public boost, which is warranted after the Wyoming meeting. We should make clear we are entering the “end game” for completion of a START Treaty by the end of 1990 or early 1991. Details of the treaty and verification now determine the time needed to complete START, not the so-called big issues. Nevertheless, we should highlight the importance of reaching agreement on some key issues such as ALCM counting, range and definitions, mobile ICBMs, and the like.

We should avoid any agreement to a “time certain” solution of the SLCM and Defense and Space problems. This would only reinforce the very linkage that the Soviet Union has signalled it may be prepared to reduce or stop. It could also delay START while we work what is really a Soviet agenda, and it could undermine START ratification. Most of the preferred US approaches to these two issues can be completed quickly and require no agreement now.

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Gorbachev will have his own arms control agenda for the meeting. We should be well prepared on issues such as the future of the European alliances, stationed forces, deeper CFE cuts, naval arms control, “next steps” in nuclear testing, binary CW production, and the like. Even if Gorbachev should not raise such issues, the press will and so will Gorbachev’s very effective and knowledgeable public relations machine.

Ronald F. Lehman II3

Attachment

Paper Prepared by the Director of the Arms Control and Disarmament Agency (Lehman)4

Arms Control, Political Change in Eastern Europe, and the Malta Meeting

Two years ago, while still START Negotiator, in a speech in Vienna I suggested that the arms control spotlight would increasingly turn from Geneva and its nuclear talks toward Vienna where new conventional force talks and human rights discussions were taking place in the CSCE context. In the years ahead, we would reach the limits of what could be accomplished in nuclear arms control without parallel progress in the conventional arena. More significantly, progress in human rights would be more important for the future success of our arms control efforts than any of our current arms control negotiations. Arms control deals only with the symptoms of East–West tension, whereas CSCE strives to deal with the causes of insecurity in Europe. Although we wish to avoid rigid and arbitrary linkages, arms control and human rights issues were inherently connected. In the end, we could not trust the regimes of the Warsaw Pact any more than they trust their own people and are trusted by them. I still believe this to be the case.

Political change is helping arms control

Last week I returned from a trip to Berlin, Warsaw and Budapest. Clearly, we should do nothing that would slow the pace of political, social and economic change in Eastern Europe. Positive political change in Eastern Europe will enhance the prospects for arms control, and vice [Page 397] versa. Change has begun to ameliorate the climate of distrust, increasing prospects that the sides will be prepared to reduce and restructure their forces. Furthermore, change is bringing greater openness. This has resulted in the East accepting improved verification measures and has enhanced the quality of our overall intelligence assessments and warning, thus helping also to reduce tensions.

The effects of rapid change were quite evident at the Wyoming Ministerial, which was the best meeting of its type I have seen. The Soviet side demonstrated much greater common purpose than before. More striking, however, was watching Soviet diplomats openly debate the future of their own country in front of Westerners.

Our arms control should help political change

Such happenings should remind us that our arms control efforts have played an important role in accelerating political change in the East. A Soviet journalist recently told me that the Western presence in the Soviet Union has helped to break down the “state security mentality” within the Soviet Union. The people of the Soviet Union are now asking of their own bureaucrats, “If you can show these things to Americans, why can’t you show them to us?” He had in mind the Stockholm Agreement on-site observers, INF inspectors, Perimeter-Portal Monitoring at Votkinsk, the Carlucci visit which included entering the cockpit of a Blackjack bomber and the like.

And we are doing more. A number of specific Western positions in CFE are designed to enhance the security of East European states, less against any threat posed by the West than against that posed by some of their own allies, including the Soviet Union. These include our approach to the sufficiency rule, stationed forces, notifications and inspectors. Under our approach to CFE the Soviet Union could not intervene as easily in Poland or Hungary given the new balance of forces, the extensive notifications that would be required for movements of forces, and the Western inspectors accompanying their troops.

In Poland, Solidarity members are just now beginning to focus on the arms control question, but they clearly see the importance of some CFE measures as a means of guaranteeing their political freedom. In Hungary, where leaders are undertaking a major reevaluation of Hungary’s relationship to the Warsaw Pact, the issue of maintaining sufficient flexibility under CFE to accommodate new relationships is emerging. All of this, while creating greater uncertainty about the future and bringing with it a certain amount of instability and risk, nevertheless presents us with major opportunities and a strong position in the CFE negotiations. These developments will demand that we consult closely, not only with our Western European allies, but increasingly with the more independent Eastern European nations.

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Last year, I attended a number of working groups, conferences, and seminars on the prospect for change in Eastern Europe and the Soviet Union. If the most optimistic of those experts had been given the power to dictate the pace of change they would have mandated far less than what has already occurred. The pace of change in Eastern Europe is both accelerating and spreading to more countries at an incredible rate. While at a conference in Berlin last week, I met with the leaders of some of the new opposition movements in East Germany. At this largely academic conference, attended by scholars and officials of East Germany and the Soviet Union, when observers noted that East German opposition leaders seemed to have no concrete agenda apart from free travel and free elections, one senior Soviet official leaned over to me and remarked that the same had been true initially in the Baltic States. He added that he fully expected these new German opposition movements to be part of the government within a year.

Self-determination and stability

We still hear some journalists and experts recommend that the United States and the Soviet Union jointly manage change in Eastern Europe. It is difficult to believe that this process of radical political, economic, and social change, compelled in the first place by the failure of centralized planning, would benefit from attempts at just such management by the United States and the Soviet Union. Nevertheless, we must engage the Soviet Union on the subject or change and begin to discuss how positive developments will alter and improve our relationship. Our clear message to the Soviet Union, however, must be the primacy of self determination, not simply end of the Brezhnev Doctrine and military interference, but also the clear right of each Eastern European nation to decide its own path and timetable for change. In summary, we should not put ourselves in the position of telling Eastern Europeans to slow down, even if we thought it would have any effect. East Europeans are in a much better position to determine how fast they can go than we are.

Rapid change always increases the chance of violence. Recently, a Soviet official, stressing the importance of the arms control process, asked me privately whether the use of force to deal with domestic violence in the Soviet Union or in any of the Eastern European countries would present a problem for progress in the negotiations. An effort was made to stress that they had in mind police actions, brought on by intersectarian violence. Obviously, a distinction between legitimate police functions and political repression can be made in theory, but in the current context, drawing such a distinction would be difficult. That the question was asked at all suggests that the fears of greater violence in the East are real. This is a question likely to be raised in some form at Malta and we should be prepared to answer it.

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START needs a boost

From a more specific arms control perspective, we should remain firm in the intent not to let this meeting become a negotiation. However, we do need to emphasize our commitment to concluding START as soon as possible. We should avoid setting a deadline for this Treaty or for specific issues, but we can increase the drum beat on our agenda.

The Wyoming Ministerial was very important for START, less because it resolved specific issues, than because the Soviet Union recognized that verification details are the long-pole in the START Treaty tent and also because the Soviet Union began to clear the decks of obstacles they had presented, namely linkage to SLCMs and a new Defense and Space Agreement.

Above all, at the Malta meeting, we should acknowledge that we are entering the end game for START. The two heads of state should make clear that they expect their ministers and negotiators to step up the pace toward Treaty completion by late 1990 or early 1991. This will energize work on the myriad details involved and serve notice that bigger issues such as ALCM counting, Mobile ICBM sublimits will have to be resolved, probably by Ministers. We should be careful about sequencing, especially with respect to SLCM and to Defense and Space linkage.

Reduce linkage to START

While some would like for us to push resolution of the SLCM issue in the near term, we should not forget that Shevardnadze put down an important marker on this issue in Wyoming. The Soviet Union’s willingness to unencumber the START Treaty text of the SLCM issue and to work it perhaps in a different forum—one which does not even exist at this point—suggests to me that Moscow is willing to accept far less than many people seem to think. In passing, I would note that last year, after our meeting with Soviet Defense Minister Yazov, the Soviet side seemed clearly prepared to retreat from its position on Krasnoyarsk. However, in anticipation of an upcoming Foreign Ministers meeting, an internal U.S. effort was made to come up with fallback positions on the issue; news of that effort leaked, and the Soviet Union subsequently stood firm. We should not make the same mistake with the SLCM issue. If we agree to a deadline for resolving this issue, the pressure will be on us rather than on the Soviet Union to provide a solution. The less time left to deal with the issue, the more the final outcome will look like the U.S. position. The same is true in Defense and Space.

Although the Soviet Union has agreed in principle to delinkage of START and Defense & Space, the Soviet negotiators have insisted on conditions for formal delinkage and have tried to strengthen their hand for an informal political linkage. Gorbachev will likely propose at Malta an agreement “simply” to seek to “clarify” constraints [Page 400] embodied in the ABM Treaty. There is no virtue in trying to resolve these issues in the abstract against a timetable, especially without having specific technologies or a specific context to adjudicate. That effort would swiftly devolve into a negotiation of restrictive “lists” of permitted activities or of vague codewords for the restrictive interpretations of the ABM Treaty. The SCC remains the appropriate forum in which to resolve specific issues and, in the longer term, both sides anticipate holding stability talks. Hopefully, we will have our new Defense and Space Treaty tabled in Geneva soon which will provide a renewed basis for negotiating predictability measures “delinked” from START. Most efforts to place a timetable on resolution of Defense and Space issues works against delinkage. Our theme should be that if the Soviet Union is truly delinking START and D&S, then we don’t need a deadline for D&S issues in our START workplan.

Watch out for Soviet grandstanding in Europe

With all of the press speculation over an “arms control summit” in the context of political change in Europe, despite our efforts to keep expectations down, there remains a prospect that a Soviet proposal to withdraw at some point in time all foreign stationed forces from Europe may in fact materialize. We may also see a proposal for deeper cuts in Phase II of CFE or even in Phase I. We must make clear to Gorbachev that NATO exists for reasons other than simply to counter the Warsaw Pact, and that U.S. troops must remain in Europe for now regardless of whether Soviet troops are withdrawn from Eastern European countries or not. The U.S. will withdraw its troops only when they are no longer wanted or needed.

The CFE Agreement is no obstacle to further reductions. It does not compel any nation to station forces outside its borders nor does it require nations to maintain their forces at the proposed ceiling. To introduce and encumber Phase I of the CFE Treaty with politically grandiose schemes could undo the treaty and introduce instability into Europe and panic into the NATO alliance, which is even now struggling to deal collectively with the rapid pace of change in Eastern Europe. Thus, a diversion to a debate over deep cuts to Phase II levels in a Phase I agreement could cost us a treaty and an alliance. The Soviet Union has already indicated that they will have difficulty in reducing to the Phase I levels in the timeframe we propose. A Soviet proposal to radically alter Phase I of CFE could signal Soviet reluctance to conclude a treaty early. Our difficulties in negotiating with 23 nations will be made far worse if we let ourselves get off track.

Remember the broader agenda

Much has been made of the notion that an “at sea” meeting will highlight the Soviet public campaign for naval arms control or naval [Page 401] nuclear arms control. We shouldn’t be too worried. We have agreed mandates in Vienna which exclude naval forces as such from CFE (but do include land-based naval air) and which exclude most air and naval exercises from the CSBMs talks (but do include those integral to land-based operations). We are in a strong position on SLCM in START. We have the Incidents at Sea Agreement, and we have clarified rights of innocent passage in territorial seas. We need our navy because of geography as much as because the Soviet Union has a huge navy, but obviously as the threat to our vital interests and allies overseas diminish, we can reduce the size of our naval forces as appropriate. For the time being, we have a full arms control agenda.

Given that broader agenda, Gorbachev could well raise many other arms control issues, some general, some specific. The Reykjavik meeting grew out of a Soviet public campaign to draw the U.S. into a nuclear testing moratorium. At Malta, we will be agreeing that the Nuclear Testing Talks will soon complete the verification protocols to the TTBT and PNET. Gorbachev could well raise the question of “next steps,” especially in the context of the 1990 NPT Review Conference and the LTBT Amendment Conference. We should make clear that a responsible nuclear superpower must test its nuclear weapons.

Gorbachev will likely press for a commitment not to produce binary weapons. He may call for a moratorium now, or he may call for an end to production when we enter into either a bilateral reduction agreement or the multilateral ban. Indeed, knowing of the President’s personal commitment to CW arms control as expressed in his UNGA initiatives, but also knowing the President’s past votes on the binary program, Gorbachev may offer a deal of deep bilateral cuts in exchange for an end to binary production. We should make clear that we will continue production until we have the safe stocks necessary, but we should keep our options open until we are certain of the exact relationship between our binary program and our CW arms control timetable.

Numerous other arms control related issues may come up—nuclear, chemical and missile proliferation, outer space cooperation, technology transfer controls, etc. In general, Gorbachev’s theme on these issues will stress cooperation in a new global security environment. But on a number of these issues, he may try to position the Soviet Union as being more supportive of the aspirations of developing nations, even as he presses for more open Soviet access to the economies and technologies of developed nations.

  1. Source: Department of State, STARS, Document Number 198927847-0. Secret. Copied to Scowcroft. A stamped notation at the top of the memorandum reads: “Treat as Original.”
  2. Reference is to the December 2–3 meeting in Malta between Bush and Gorbachev following the collapse of the Berlin Wall on November 9.
  3. Lehman signed the memorandum “Ron” above this typed signature.
  4. Secret.