Oceans Policy
392. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger informed Nixon that he was waiting for the response to NSSM 125 before considering recommendations submitted by the Departments of State, Defense, and Commerce concerning South American fisheries disputes.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-183, NSSM Files, NSSM 125 [2 of 3]. Secret. Sent for information. For NSSM 125, see Document 390. Kissinger sent a memorandum the same day to Rogers, Laird, and Stans, indicating that consideration of their recommendations concerning the fisheries disputes would be deferred pending completion of NSSM 125. (Washington National Records Center, RG 59, OES/OLP/OCEANS Files: Lot 90 D 180, Box 3, POL 33.14(c), CEP talks on fisheries)
393. Circular Airgram CA-2554 From the Department of State to All Diplomatic Posts
The Department transmitted a summary and analysis of the March 1971 meeting of the Seabeds Committee, which served as the Law of the Sea Preparatory Committee.
Source: National Archives, RG 59, Central Files 1970-73, POL 33-8. Confidential. Drafted by Pitman and McIntyre on May 5; cleared by McKernan, Herz, Oxman, EUR/CAN, ARA/LA/APA, AF/I, EA/RA, and NEA/RA; provided for information to Defense, Interior, and NOAA; and approved by Stevenson.
394. Memorandum From Richard Kennedy, Arnold Nachmanoff, and Marshall Wright of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Kennedy, Nachmanoff, and Wright outlined alternatives for dealing with Brazilian territorial sea claims and related fisheries problems. They recommended bilateral negotiations, preferably to begin in the autumn but immediately if necessary to avoid a crisis.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-224, NSDM Files, NSDM 111. Secret. Sent for action. Sent under a May 27 covering note from Nachmanoff to Haig that reads: “The Brazilian Navy is drawing up rules of engagement for June 1 on the fishing regulations which are due to go into effect. This means we must make our approach-if the President approves our recommendation-no later than Monday.” Nachmanoff urged Kissinger to take the issue up with the President the next day. Nachmanoff also noted that the Department of Commerce had just endorsed the Department of State’s position. There is no indication of approval or disapproval by Kissinger, but Document 395 indicates he brought the matter to the attention of the President. In the penultimate sentence of the penultimate paragraph, the correction “negotiations with” is written between “entering into” and “Brazil.” For Tab 1, see Document 397. Tab B is a May 25 memorandum from Rogers to Nixon.
395. Conversation Between President Nixon and his Assistant for National Security Affairs (Kissinger)
Nixon and Kissinger agreed that the highest priority for U.S. oceans policy should be to secure free navigation on the high seas and through international straits.
Source: National Archives, Nixon Presidential Materials, White House Tapes, Recording of conversation between Nixon and Kissinger, Oval Office, Conversation No. 507-4. No classification marking. The portion of the discussion transcribed was part of a conversation covering a variety of subjects that began at 8:13 a.m. and concluded at 10:32 a.m. The editor transcribed the portion of the conversation printed here specifically for this volume. Assistant to the President H. R. Haldeman was also present at the meeting but did not speak during the portion of the conversation transcribed.
396. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger recommended negotiations with the Brazilian Government concerning the fisheries dispute.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-224, NSDM Files, NSDM 111. Secret. Sent for action. Nixon initialed his approval of the recommendation. For the text of the NSDM attached at Tab A, see Document 397.
397. National Security Decision Memorandum 111
President Nixon approved negotiations with the Brazilian Government concerning fisheries issues. He stipulated that discussions should commence in autumn 1971 but could begin sooner if the Brazilian Government insisted.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-224, NSDM Files, NSDM 111. Secret. A copy was sent to the Secretary of Commerce. Another copy was sent to Haig.
398. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger informed Nixon of the Ecuadorian Government’s decision to refrain from seizing U.S. fishing boats in waters claimed by Ecuador. In exchange, Ecuadorian officials indicated that they hoped that U.S. military sales would be reinstated.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-055, SRG Meeting, Oceans Policy (NSSM 125) 7/12/71 [2 of 2]. Secret;Exdis. Sent for information. Published from an uninitialed copy. Carlos Mantilla-Ortega was the Ecuadorian Ambassador to the United States.
399. Memorandum From Secretary of State Rogers to President Nixon
Rogers informed Nixon that, in exchange for an Ecuadorian promise to cease seizures of U.S. fishing vessels, the Department of State intended to release loans to Ecuador. Rogers believed those actions would to improve relations with Ecuador and enhance the U.S. position on crucial Law of the Sea provisions.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-055, SRG Meeting, Oceans Policy (NSSM 125) 7/12/71 [2 of 2]. Secret. Attached was Section 620(o) of the Foreign Assistance Act of 1961 (as amended), which reads: “In determining whether or not to furnish assistance under this Act, consideration shall be given to excluding from such assistance any country which hereafter seizes, or imposes any penalty or sanction against, any United States fishing vessel on account of its fishing activities in international waters. The provisions of this subsection shall not be applicable in any case governed by international agreement to which the United States is a party.” (Ibid.)
400. Analytical Summary Prepared by John Negroponte of the National Security Council Staff
The memorandum summarized the report prepared in response to NSSM 125
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-055, SRG Meeting, Oceans Policy (NSSM 125) 7/12/71 [1 of 2]. Top Secret. A draft dated June 22, 1971 is ibid., Box 382, Subject Files, Seabeds, Volume III, 1971. The summary was prepared to provide information for an upcoming SRG meeting on the topic (see Document 403). The summary drew upon a lengthy study, dated June 26, submitted to Kissinger in his capacity as Chairman of the NSC SRG by Stevenson in his capacity as Chairman of the Interdepartmental Ad Hoc Inter-Agency Group to Prepare a NSSM 125 Study (ibid.)
401. Memorandum From John Hedley of the Office of the Deputy Director for Intelligence, Central Intelligence Agency to Jeanne Davis of the National Security Council Staff
Hedley noted that certain options suggested in NSSM 125 might prove counterproductive and suggested considering long-range changes in technology when calculating national defense requirements.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-55, SRG Meeting, Oceans Policy (NSSM 125), 7/12/71 [1 of 2]. Top Secret. John H. Hedley was a member of the Office of the Deputy Director for Intelligence.
402. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger evaluated the Department of Defense and Department of State views on the fisheries dispute with Brazil, and recommended Nixon defer action on negotiation for an agreement.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-183, NSSM Files, NSSM 125 [3 of 3]. Secret. A stamped notation reads: “The President has seen.”
403. Minutes of Senior Review Group Meeting
The Senior Review Group met to consider NSSM 125 and to consider how to promote U.S. Oceans policy in international and bilateral negotiations.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-112, SRG Minutes, Originals, 1971. Top Secret. The meeting was held in the White HOuse Situation Room. For the attached instrucitons to the U.S. delegation to the UN Law of the Sea Preparatory Committee, see Document 405.
404. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger reviewed the positions that might be adopted by the U.S. delegation to the Law of the Sea Preparatory Committee (the Seabed Committee). He recommended accommodating the fisheries interests of other states, a more flexible approach to defining seabed boundaries, and emphasizing the importance of U.S. security interests with other delegations.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-226, NSDM Files, NSDM 122. Top Secret. Sent for action. For Tab A as approved, see Document 405. Nixon did not initial the recommendation, but the attached slip indicates that he approved the recommendation on July 22.
405. National Security Decision Memorandum 122
The President provided guidance for the U.S. delegation to the Law of the Sea Preparatory Committee and issued instructions concerning other aspects of U.S. oceans policy.
Source: National Archives, RG 59, S/S-I Files: Lot 83 D 305, Box 4, NSDM 122-7/22/71-US Oceans Policy. Top Secret. A copy was sent to the Chairman of the Joint Chiefs of Staff. The document, as published, incorporates an amended second page that was circulated to all addressees on July 27. Haig initialed the document, indicating that he had seen it.
406. Memorandum From Secretary of State Rogers to President Nixon
Rogers proposed a scenario for ending the suspension of military sales to Ecuador and resuming fishing negotiations with the Ecuadorian and Peruvian Governments.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 799, Country Files, Latin America, LA Gen., Vol. VI, Jul 71-1974. Secret; Exdis. For the text of Section 3(b) of the Foreign Military Sales Act, see the source note to Document 387.
407. Memorandum From Arnold Nachmanoff of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)
Nachmanoff explained the importance of resuming fishing negotiations with the Ecuadorian Government, and perhaps with the Peruvian and Chilean Governments, as quickly as possible.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 799, Country Files, Latin America, LA Gen., Vol. VI, Jul 71-1974. Secret; Exdis. Sent for action. Sent to Kissinger through Haig. Haig’s handwritten notation on the memorandum reads: “If no reply in 48 hours approve for President.” Concurred in by Levine, Clift, and Kennedy. Haig initialed for Levine and Clift. The attached memorandum is published as Document 408.
408. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger recommended a strategy for resolving the fisheries dispute with Ecuador, and possibly Peru and Chile, while simultaneously advancing U.S. oceans policy in Law of the Sea negotiations.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 799, Country Files, Latin America, LA Gen., Vol. VI, Jul 71-1974. Secret; Exdis. Sent for action. A notation on the memorandum indicates that the President saw it. Nixon initialed approval of the recommendation on August 11 and wrote, “K inform Connally,” indicating he wished Kissinger to inform Treasury Secretary John B. Connally. Tab A is published as Document 406.
409. Memorandum of Conversation
The Spanish Ambassador to the United States Arguelles recounted his recent discussion with the Spanish Foreign Minister Lopez Bravo concerning Spain’s straits policy, which was at odds with U.S. policy.
Source: National Archives, RG 59, Central Files 1970-73, POL 33-8. Confidential; Nodis. Drafted by Landau. The conversation was held in Johnson’s office at the Department of State.
410. Memorandum From Acting Secretary of State Johnson to President Nixon
Johnson discussed Spanish opposition to the U.S. oceans policy, and attached a draft letter from Nixon to Franco.
Source: National Archives, RG 59, Central Files 1970-73, POL 33-8. Secret.
411. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger summarized an attached memorandum from Secretary of State Rogers to Nixon that discussed recent Law of the Sea negotiations and assessed the prospects for acceptance of U.S. policy preferences.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 382, Subject Files, Seabeds, Volume III, 1971. Secret. Sent for information. The attached document is not published. Notations on the memorandum and the attachment indicate that Nixon saw them.
412. Memorandum Prepared by the Chairman of the Inter-Agency Task Force on the Law of the Sea (Stevenson)
Legal Adviser Stevenson outlined the measures taken to implement U.S. oceans policy at the July-August meeting of the Seabeds Committee, acting as the Preparatory Law of the Sea Committee. Stevenson concluded with proposals for future action.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-226, NSDM Files, NSDM 122. Secret. Sent under an October 14 covering memorandum from Eliot to Kissinger. For NSDM 122, see Document 405. A typed notation at the end of the memorandum reads, “This memorandum has been cleared with other agencies as appropriate.” The formal statements of the U.S. delegation at the Seabeds Committee meeting were not annexed but are printed in United States Congress, Senate, Committee on Interior and Insular Affairs, 92nd Congress, 1st Session, December 1971, Part 1, The Law of the Sea Crisis: A Staff Report on the United Nations Seabed Committee, the Outer Continental Shelf and Marine Mineral Development (Washington, D.C.: Government Printing Office, 1972). The Department sent a summary report containing similar information as circular telegram CA-4763 to all diplomatic posts on October 19. (National Archives, RG 59, Central Files 1970-73, POL 33-8)
413. Telegram 4815 From the Embassy in Spain to the Department of State
Ambassador Hill described his conversation with General Franco after handing him President Nixon’s letter.
Source: National Archives, RG 59, Central Files 1970-73, POL 33-8. Secret; Priority; Exdis.
414. Telegram 194015 From the Department of State to the Embassy in Spain
The Department forwarded background information about the U.S. Law of the Sea position for Ambassador Hill to use in deliberations with Spanish officials.
Source: National Archives, RG 59, Central Files 1970-73, POL 33-8. Secret; Priority; Exdis. Cleared with L/OA, EUR/SPP, S/S, and the White House. Approved by Stevenson.
415. Telegram 3859 From the Mission to the United Nations to the Department of State
U.S. Ambassador to the United Nations Bush reported continued Spanish opposition to the U.S. position on international straits.
Source: National Archives, RG 59, Central Files 1970-73, POL 33-8. Limited Official Use. Repeated to Madrid and Defense. Sent with a request to pass to the Office of Ocean Affairs in the Department of Defense.
416. National Security Decision Memorandum 139
The President directed the Departments of State, Defense, and Commerce to pursue negotiations with the Chilean, Ecuadorian, and Peruvian Governments to resolve the fisheries dispute without conceding the U.S. position on crucial Law of the Sea issues.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 364, Subject Files, National Security Defense Memoranda, Nos. 97-144. Secret. Copies were sent to the Departments of Interior and Transportation, the Director of Central Intelligence, the Chairman of the JCS, and the Assistant to the President for International Economic Affairs. The Ad Hoc Group Report, authored by Stevenson, outlined scenarios and negotiating positions for dealing with South American fisheries disputes. Accompanying memorandum communicated the views of the Department of State concerning the various options proposed and recommended an interim licensing arrangement. Both are attached to an October 6 memorandum from Eliot to Kissinger. (Ibid., RG 59, S/S-I Files: Lot 83 D 305, Box 4, NSDM 122, 7/22/71-U.S. Oceans Policy) A joint October 4 memorandum from the Departments of Defense and Commerce favored the status quo as long as South American governments made statements regarding freedom of navigation and free transit that did not contravene the U.S. position. (Ibid., Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-226, NSDM Files, NSDM 122)
417. Telegram 224617 From the Department of State to the Embassy in Spain
The Department transmitted the text of General Franco’s reply to President Nixon on the international straits issue.
Source: National Archives, RG 59, Central Files 1970-73, POL 33-8. Secret; Exdis. Drafted by Towell; cleared with L/OA, and in substance with the White House; and approved by Deputy Assistant Secretary Russell Fessenden (EUR). Repeated to Quito for Stevenson.
418. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Nixon
Kissinger provided an update on fisheries dispute with Ecuador, Peru, and Chile. He recommended a compromise with the Ecuadorian Government that would not prejudice the U.S. position on issues vital to national security.
Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H-229, NSDM Files, NSDM 139. Secret. Sent for action. There is no indication on the memorandum of Nixon’s approval or disapproval of the recommendation, but Tab A, published as Document 419, issued instructions that follow the recommendations advanced in this memorandum. Tab B is a December 24 memorandum to Kissinger from Irwin, in which he recommended a compromise with Ecuador that is encapsulated in NSDM 147 (Ibid.). At Tab C is an undated draft of proposed amendments to the Fisherman’s Protective Act. Tabs B and C are not published.
419. National Security Decision Memorandum 147
The President approved submission to Congress of an amendment to the Fishermen’s Protective Act and issued instructions for further negotiations with the Ecuadorian Government.
Source: National Archives, Nixon Presidential Materials, NSC Files, Box 364, Subject Files, National Security Defense Memoranda, Nos. 145-264. Secret. A note attached to a January 6 copy of this NSDM, which was addressed by McIntyre apparently to Samuel De Palma, reads: “Sam: Meyer, Stevenson and McKernan feel the emphasis placed on Ecuador’s straits position is wrong and are trying to get greater negotiating flexibility from the White House.” (Department of State Files, OES/OLP/OCEANS Files: Lot 90 D 180, Box 3, POL 33.14(c), CEP talks on fisheries).
420. Memorandum From the Under Secretary of State (Irwin) to the President’s Assistant for National Security Affairs (Kissinger)
Irwin recommended against requiring the Ecuadorian Government to support the U.S. position on freedom of transit through international straits as a quid pro quo for ending the ban on foreign military sales.
Source: National Archives, RG 59, S/S-I Files: Lot 83 D 305, Box 4, NSDM 147-1/4/72-Fisheries Dispute with Ecuador, Peru, and Chile. Secret. Drafted by Irwin and Stevenson and concurred in by Meyer and McKernan.
421. Memorandum From the Executive Secretary of the Department of State (Eliot) to the President’s Assistant for National Security Affairs (Kissinger)
The Department specified the reasons for accommodation with the Peruvian Government in order to reduce tensions over the fisheries dispute.
Source: National Archives, RG 59, Central Files 1970-73, INCO-FISH US. Secret. Drafted in ARA/EP by R. L. Ridgway and cleared in ARA/EP by Deputy Director Richard F. Weber, and Executive Assistant B. Scott Custer, Jr., (U), in substance by McKernan, and in draft by Deputy Assistant Secretary John H. Crimmins (ARA) and Stevenson. Copies were sent to Carter (Defense) and Johnson (NOAA).