Foreign Relations of the United States, 1969–1976, Volume IX, Vietnam, October 1972–January 1973

328. Message From the Deputy Assistant Secretary of State for East Asian and Pacific Affairs (Sullivan) to the President’s Assistant for National Security Affairs (Kissinger)¹

Paris, January 22, 1973, 1517Z.

1. U.S. and DRV delegations met again January 22 from 1030 to 1430 at golf club in effort resolve last outstanding issues.

2. I opened by informing Thach we would have two officers in Paris for preliminary discussions on four party JMC and would ask Vinh Loc this afternoon for an ARVN officer.

3. Next, I informed him that text of announcement and of ICCS notes were agreed. He said he did not yet have Le Duc Tho formal agreement with text of understanding on “unanimity” but saw no problems there.

4. They agreed to accept “in accordance with the terms of the agreement” in place of “as envisaged in the agreement” for Article 8 (c) understanding. Surprisingly, they also agreed to drop “don doc” in favor of milder Vietnamese word, while we retain “promote” in English text of that understanding.

5. Most of our time was then consumed by issue of police weapons, with limited excursion into frontier control teams. On latter, I accepted Bien Hoa airfield as one control post, reinforced the team at Vung Tau, and dropped Ap An Thuan.

6. On the police question, they proved just as stubborn as yesterday, and Thach said he was under categoric instructions from Le Duc Tho to accept no rpt no changes in text of Article 6 as currently worded. After much back and forth, he finally agreed to accept a substitute sentence in place of current second sentence in Article 6, but only ad referendum to Le Duc Tho.

7. This new sentence represents a change in which I feel no rpt no particular pride, since it says much the same thing as the previous sentence. However, it can be read with a slightly different emphasis to our darlings to persuade them that significance is somehow lurking in its syntax, and at least they will have the satisfaction of knowing they made Thach and me sweat blood for 6 hours on their amour propre.

8. The new sentence reads as follows:

Quote: As required by their responsibilities, normally they shall be authorized to be armed with pistols, but, when required by unusual circumstances, with other individual small arms. Unquote

9. In addition to this change, they have also agreed that you and Le Duc Tho could develop an understanding during the course of your meeting tomorrow which would spell this out further in whichever way our darlings want. I will have a draft ready for you on your arrival. You can discuss this tonight with Lam and, whatever eventuates in the understanding, he can take credit for. This would conform to your desire to see to it that Lam gets credit for some change. You will appreciate, as an historian, that my concern for asserting your integrity is second only to my passion for preserving my own.

10. Kubisch and Isham greeted Lam at Orly. It is arranged that Amb. Lam and Phong will greet you this evening. You will then call on Lam either enroute from airport to town or shortly after you have stopped briefly at residence.

11. Aldrich is preparing the briefing. He will fly back with you and then return to Paris with Secretary Rogers. He has really been as solid as a rock and has earned enormous respect for [from?] the North Vietnamese.

12. Message concerning diplomatic immunity arrived after completion of my meeting with Thach.² As far as the question of immunity below certain ranks is concerned, that is already clear from the negotiating history and from the division which they made between “delegations” on the one hand and “support and guard” forces on the other. We will have no problem there.

13. The language they propose about limiting political activity is egregiously insulting and would not stand a chance in negotiations. Moreover, I have studiously assured Thach that our change in Article 6 was the last change we would ask for. This latest parseflage is something we can try to set in another understanding, for the sake of Tran Van Lam. However, it is definitely redundant because their immunity extends only to “carrying out their tasks.”

14. As of this very moment, the language experts are proofreading comparative texts, binding them into four monumental piles of documents, attaching them with ribbons and affixing seals. They will finish this shortly before your arrival so that the whole lot will be on the table tomorrow.

15. The sun is shining in Paris this afternoon.

16. Warm regards.

End of message.

1. Source: National Archives, Nixon Presidential Materials, NSC Files, Box 860, For the President’s Files (Winston Lord)—China Trip/Vietnam, Sensitive Camp David, Vol. XXIV. Secret; Operational Immediate; Sensitive; Exclusively Eyes Only. Sent via Guay and Scowcroft.
2. In message WHP 381, January 22, 1325Z, Kissinger forwarded to Sullivan message 349 from Bunker relating Thieu’s concerns. (Ibid.) Message 349 is Document 326.