270. Letter From Secretary of Defense Clifford to Secretary of State Rusk1

Dear Dean:

The proposed memorandum for the President concerning Arms Control on the Seabed has been reviewed within the Department of Defense.2

I agree that there may be serious disadvantages in a United States refusal to be forthcoming on the issue of peaceful purposes. The Joint Chiefs of Staff concur in this view. However, we have certain difficulties with the specific arms control proposal set forth in the draft formulation of a U.S. statement on this subject. I am therefore enclosing an alternative draft statement incorporating some changes which I believe will cover the concerns expressed in the discussion portion of the draft memorandum while affording more adequate protection for the national security interest.3

[Page 681]

I am in general agreement with the discussion which supports the proposal. The Joint Chiefs of Staff have suggested some changes in paragraphs 5 and 6 of this section which will more accurately reflect their previously expressed views. I agree with these suggested changes so they are also attached.4

Sincerely,

Clark

Tab A5

Memorandum for the President

SUBJECT

  • Arms Control on the Seabed

Recommendation:

That, during the August 19-30 meeting of the United Nations Ad Hoc Committee on the Seabed, the United States Representative be authorized to state:

“The United States supports the adoption of a General Assembly resolution declaring that the seabed and deep ocean floor should be used exclusively for peaceful purposes. The United States has previously supported, in the Space Treaty of 1967, the use exclusively for peaceful purposes of the moon and other celestial bodies. As we said then we understand that the test of whether an activity is ‘peaceful’ is whether it is consistent with the United Nations Charter and other obligations of international law.

“We believe it is important to prevent the spread of the arms race to new environments. It is appropriate that the General Assembly should go on record in support of this proposition as the Assembly addresses itself to the future use of the seabed and deep ocean floor. A resolution declaring that the deep ocean floor should be used exclusively for peaceful purposes. It is evident that preventing the spread of the arms race to this new environment requires meaningful and effective measures of arms control, and to that end the careful elaboration of legal instruments taking the form of an international agreement. There must obviously be reliable and effective means for verifying compliance with such an agreement. [Page 682] However, considering that the term ‘peaceful purposes’ does not preclude military activities generally, specific limitations on certain military activities will require the negotiation of a detailed arms control agreement.

“To that end the United States proposes that the ENDC undertake negotiations with a view to achieving an examine the question as to whether a viable international agreement pursuant to may be achieved in which each party would agree not to emplace or fix weapons of mass destruction on the seabed or deep ocean floor, beyond a narrow band along its coast and up to the coast of any other State. The width of this narrow band would be determined by negotiation. The prohibition on emplacement or fixing should be aimed at launching platforms and delivery systems as well as weapons themselves. These discussions must also consider the need for reliable and effective means for verifying compliance with such an agreement. Other military activities would continue to be conducted in accordance with the principle of freedom of the seas and exclusively for peaceful purposes.

“We propose that (this Committee or General Assembly) request the ENDC to take up this question.”

Tab B6

EXCERPT FROM JCSM-497-68, dated 10 August 1968

“3. (S) The Joint Chiefs of Staff also have no objection to the”Discussion” provided the following changes are made:

a. Substitute the following for paragraph 5:

“5. The Joint Chiefs of Staff understandably have been concerned about the question of verification of a ban on seabed emplacement of nuclear weapons. On 27 April 1968, they stated that the United States did not have a verification capability.7 They also stated that they did not believe that any nation had such a capability. However, this issue is now under intensive study by the intelligence community. In any event, during discussions in the ENDC there will be a full opportunity to investigate the problems of verification and to satisfy ourselves as to how they will be handled before we enter into new treaty commitments.”

Reason: Accuracy.

b. Substitute the following for paragraph 6: [Page 683]

“6. Although there is no formally planned weapons system on the deep ocean bottom, the Joint Chiefs of Staff feel strongly that the option of a future nuclear weapons system in this environment should remain open. Should technological developments by the United States make this option feasible, the Joint Chiefs of Staff believe the use of the deep ocean bottom would be more advantageous to the United States than to the USSR. Paragraph 3 of the recommended statement uses the language you recently approved for use in the United Nations. This language was carefully formulated so as not to foreclose any military options prematurely. We have taken action to reassure our NATO Allies that it is not our intention to foreclose this option but only to define those factors vital to the consideration of an agreement in this area. The definition of these factors, along with the progress made in the strategic missile talks to which a seabed agreement is a logical corollary, may determine whether an agreement in this area should be pursued.”

Reason: To make the discussion support the recommended change to paragraph 3 of the proposed statement and to express more clearly the position of the Joint Chiefs of Staff.

For the Joint Chiefs of Staff:
Pete C. Sianis 8
Major General, USAF Deputy Director, Joint Staff
  1. Source: Washington National Records Center, RG 330, OASD/ISA Files: FRC 72 A 1498, 388.3, August-December 1968. Confidential.
  2. Secretary Rusk sent a memorandum to Clifford on July 31, requesting his concurrence on an attached memorandum to President Johnson seeking Presidential approval of a proposed statement on arms control of the seabed to be made by the U.S. Representative to the upcoming conference of the U.N. Ad Hoc Committee on the Seabed at Rio de Janeiro. The memorandum also provided rationale for the proposed statement. Clifford forwarded the memorandum to the Joint Chiefs of Staff for comment; they responded with a memorandum to Clifford (JCSM-497-68), August 10. These documents are ibid.
  3. Tab A.
  4. Tab B.
  5. Secret. Crossed through text on the source text reproduced here as underlined text.
  6. Secret.
  7. Document 236.
  8. Printed from a copy that indicates Sianis signed the original.