Foreign Relations of the United States, 1964–1968, Volume XI, Arms Control and Disarmament

128. Telegram From the Department of State to the Mission to the United Nations¹

Washington, May 10, 1966, 7:03 p.m.

2639. Subject: Celestial Bodies Treaty.

A. We hope it will be possible for Amb. Goldberg at meeting with Fedorenko May 11 to move ahead on celestial bodies treaty. We think it desirable that you give Fedorenko paper containing “Outline of Points for Inclusion in Treaty on Celestial Bodies” (text follows).² This outline is an elaboration of the treaty items mentioned by the President in his May 7 announcement³ and is designed to give picture of treaty we have in mind without getting at this early stage into problems detail and drafting.

B. Meeker can come to New York May 16 if desired to assist in consultations with other members of Legal Subcommittee and Waldheim. Possible pattern for such consultations might be (1) Old Commonwealth, (2) Waldheim, (3) friendly fifteen and (4) non-aligned.

C. “Outline of Points for Inclusion in Celestial Bodies Treaty

1. The moon and other celestial bodies should be free for exploration by all in accordance with international law.

2. Celestial bodies should not be subject to any claim of sovereignty.

3. There should be freedom of scientific investigation, and all countries should cooperate in scientific activities relating to celestial bodies.

4. A State conducting explorations on a celestial body should report on the results of a mission.

5. Open access to all areas of celestial bodies should be assured.

6. Celestial bodies should be used for peaceful purposes only. No country should be permitted to station weapons of mass destruction on a celestial body. Military fortifications, weapons tests, and military maneuvers should be forbidden.

7. A launching State should be entitled to exercise authority over its facilities on a celestial body and persons participating in its activities there.

8. Ownership of objects landed, constructed or used on a celestial body should be retained by the launching State.

9. Astronauts of one country should render assistance to other astronauts as may be required by circumstances.

10. States should pursue studies and take appropriate steps to avoid harmful contamination.

11. Consideration should be given to a provision for the settlement of any disputes that might arise.

12. Final clauses—there should be appropriate provisions on signature, ratification, depositary, entry into force, amendment, duration, and registration with the United Nations.”

D. Department will inform Soviet Embassy here.⁴

Rusk

1. Source: Department of State, Central Files, SP 6 UN. Confidential. Drafted by Gerald B. Helman (UNP) and Herbert K. Reis (L/EUR); cleared by Meeker (L), Stoessel (EUR), and Jonathan Dean (IO/UNP); and approved by David H. Popper (IO). Repeated to Moscow and Paris.

   Shortly before leaving for Geneva to negotiate an outer space treaty with the Soviet Union, Ambassador Goldberg telephoned President Johnson on June 28 to brief him on the latest developments. Goldberg said that the U.S. draft of the treaty was very similar to the Soviets’ draft. “We should be able to make an agreement because they took the points from your letter and incorporated [them] in their treaty, a very interesting development,” he remarked. In briefing the Senate Foreign Relations Committee the previous day, he had said that the treaty contained no military or security considerations and both Senators Symington, who attended as a representative of the Senate Armed Services Committee, and Anderson said they supported the U.S. draft. Throughout Goldberg’s presentation, President Johnson interjected “good” or “sure” after nearly every sentence. (Johnson Library, Records and Transcripts, Recording of Telephone Conversation between President Johnson and Arthur Goldberg, June 28, 1966, 5:21 p.m., Tape F66.17, Side B) Reference to the President’s “letter” above presumably is to his May 7 statement, which Goldberg quoted in a May 9 letter to Kurt Waldheim, Chairman of the U.N. General Assembly Outer Space Committee. See Document 127.

2. Regarding this outline, see Document 127. Telegram 4852 from USUN, May 11, reported that Soviet Ambassadors Fedorenko and Morozov gave Ambassador Goldberg a “sympathetic but noncommittal reception in course of presentation per reftel” on May 11. (Department of State, Central Files, SP 6 UN)
3. See Document 127.
4. Telegram 2651 to USUN, repeated to Moscow as telegram 2638, May 12, reported that Stoessel and Meeker called in Soviet Charge Alexander I. Zinchuk to give him the outline. (Department of State, Central Files, SP 6 UN)