229. Memorandum From Secretary of Defense Laird to President Nixon

Laird requested the President’s approval to continue a limited herbicide program in Vietnam.

Source: Ford Library, Melvin Laird Papers, Box 39, Chemical Warfare & Biological Research, Vol. III Jan. 1971–July 1972, Calendar (5). Secret; Sensitive.

230. Note From Michael Guhin of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)

Guhin updated Kissinger on the impasse in the Senate Foreign Relations Committee over the Geneva Protocol due to tear gas/herbicides issue. Guhin requested additional information on options and arguments regarding tear gas to use when addressing the Committee and recommended that the Administration sit tight and wait for NSSM 112 before making any substantive response.

Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H–179, NSSM 1–248, NSSM 112. Confidential: Secret; Eyes Only. The attached memorandum of June 17 from Guhin is published but not the attachments to the June 17 memorandum, other than the letter from Fulbright to the President, which is an attachment to Document 226.

231. Memorandum From Secretary of State Rogers to President Nixon

Rogers advised against granting Laird’s May 13 request (Document 229) to continue the use of herbicides in Vietnam citing political grounds.

Source: National Archives, RG 59, Central Files 1970–1973, TS Files, POL 27–10 VIETS. Top Secret; Exdis.

232. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to the Secretary of State Rogers and Secretary of Defense Laird

Kissinger forwarded Fulbright’s April 5 letter (misdated March 5) on the Geneva Protocol, which indicated the Committee’s support of the Protocol, but cited contentious issues that needed to be addressed before it could be ratified. Kissinger, given the deadlock in the Senate over the Protocol, then requested a careful review of the situation.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 312, Subject Files, Chemical, Biological Warfare (Toxins, etc.) Vol. IV. Confidential; Limdis. A copy was sent to Helms, Smith, Moorer, and David. Regarding the proper date of Fulbright’s letter, see the attachment to Document 230. According to an undated, unsigned note attached to Document 272, a secretary in Fulbright’s office erroneously typed March 5 prior to sending the letter to the White House.

233. Telegram 137470 From the Department of State to All NATO Capitals

This eleven-page telegram provided instructions for consultations with allies on the text of the draft Biological Weapons Convention jointly agreed upon with the Soviets.

Source: National Archives, RG 59, Central Files 1970–1973, DEF 18–3 Switz (GE). Confidential; Priority. Also sent to Tokyo. It was repeated to USMission Geneva, USDel SALT V, USUN, and Moscow. Drafted by Van Heuven (ACDA/IR); cleared by Day (ACDA/IR), Martin (PM/DCA), Breer (EA/J), and Nolan (OSD/ISA); and approved by Goodby (EUR/RPM).

234. Telegram 3312 From the Mission in Geneva to the Department of State

The telegram reported that the U.S. and Soviet Co-Chairmen had reached agreement on the text of the draft Biological Weapons Convention.

Source: National Archives, RG 59, Central Files 1970–1973, DEF 18–3 Switz (GE). Confidential; Immediate. It was repeated to USNATO, Moscow, USUN, USDel SALT V, London, The Hague, Ottawa, Paris, Rome, and Tokyo.

235. Draft Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction

Text of the draft convention submitted to the Conference of the Committee on Disarmament.

Source: Documents on Disarmament, 1971, pp. 456–460. No classification marking. The text of the draft convention was transmitted to Washington in telegram 3312.

236. Report on the Geneva Protocol of 1925 Prepared by the Interdepartmental Political-Military Group

Prepared in response to Kissinger’s June 28 memorandum (Document 232), this report focused on the issue of riot control agents and chemical herbicides.

Source: National Archives, RG 59, General Files on NSC Matters, Box 8, NSC— Miscellaneous, Memos, October & November 1971. Secret. Under cover of a September 8 memorandum, Davis forwarded the report to Rogers, Laird, Helms, Moorer, Farley, and Edward David with a request that their views on the report’s options and alternatives be submitted to NSC by September 16 for incorporation in a memorandum to the President. Document 232 and its attachment are at Tabs A and C. The other attachments are not published.

237. Memorandum From the Assistant Secretary of Defense for International Security Affairs (Nutter) to the Chairman of the Joint Chiefs of Staff (Moorer)

Nutter forwarded draft instructions to Geneva concerning the draft Biological Weapons Convention and asked for JCS’s comments.

Source: Washington National Records Center, OASD/ISA Files: FRC 330–74–83, 384 Jan–1971. Secret. For text of the August 5 draft convention, see Document 235.

238. Memorandum From the President’s Science Adviser (David) to the President’s Assistant for National Security Affairs (Kissinger)

Responding to the IPMG’s report on the General Protocol and the question of riot control agents and chemical herbicides, David recommended implementing Alternative 1 of Option B. This alternative affirmed that the Protocol did not cover riot control agents and herbicides, but maintained that, in future conflicts, the U.S. would not initiate their first use.

Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H–179, NSSM 112. Secret.

239. Memorandum From the Joint Chiefs of Staff to Secretary of Defense Laird

Responding to Nutter’s September 13 memorandum, the JCS objected to several of the proposed changes in the draft Biological Weapons Convention. The JCS then stipulated it would only pledge its support of the draft if the draft did not 1) alter the U.S. position on the Geneva Protocol, 2) impede future negotiations concerning chemical weapons, and 3) make specific time commitments for chemical weapons negotiations.

Source: Washington National Records Center, OASD/ISA Files: FRC 330–74–83, 384 Jan–1971. Secret.

240. Memorandum From Michael Guhin of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)

Guhin briefed Kissinger on changes in the draft Biological Weapons Convention, most notably the shift from eliminating biological and toxic weapons to chemical and bacteriological ones and the separation of the bans on chemical and biological weaponry. Kissinger approved the changes.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 312, Subject Files, Chemical, Biological Warfare Vol. IV. Confidential. Sent for action. Kissinger wrote “Approved H” on page one and initialed the “Approve” option on page two. At Tab A are the instructions transmitted in Document 241. At Tab B is Document 225. The attachment at Tab B is not published.

241. Telegram 175047 From the Department of State to the Mission in Geneva

The telegram transmitted instructions for the final text of the draft convention on biological weapons.

Source: National Archives, RG 59, Central Files 1970–1973, DEF 18–3 Switz (GE). Confidential; Immediate. Repeated immediate to All NATO Capitals, USUN, Moscow, Tokyo, and USDel SALT V. Drafted by Rodes (ACDA/IR); cleared in PM/DCA, DOD/ISA, EUR/RPM, IO/UNP, L, the White House, ACDA/IR, and ACDA/GC; and approved by Farley.

242. Memorandum From the Deputy Secretary of Defense (Packard) to the President’s Assistant for National Security Affairs (Kissinger)

Responding to the IPMG report on the Geneva Protocol, Packard stated that, while the ratification of the Protocol remained a desirable object, the military had used herbicides to successfully decrease civilian and military casualties in warfare. The DOD wanted to preserve the option to use riot control agents and chemical herbicides in future conflicts.

Source: Washington National Records Center, OASD/ISA Files: FRC 330–74–83, 40 NSC (September 1971). Secret.

243. Telegram 4163 From the Mission in Geneva to the Department of State

The telegram summarized negotiations over the first paragraph of the draft Biological Weapons Convention resulting in a decision to accept the version recommended by the co-chairmen.

Source: National Archives, RG 59, Central Files 1970–1973, DEF 18–3 Switz (GE). Confidential; Priority. It was repeated to USNATO and USUN.

244. Revised Draft Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction

Text of the revised version of the draft convention.

Source: Documents on Disarmament, 1971, pp. 568–573. No classification marking. The final text of the convention is in Documents on Disarmament, 1972, pp. 133–138, but is essentially the same as the revised draft convention dated September 28, 1971.

245. Memorandum From Acting Secretary of State Johnson to President Nixon

Responding to the IPMG’s report on the Geneva Protocol, Johnson, like Edward David, recommended Alternative 1 of Option B. This alternative affirmed that the Protocol did not cover riot control agents and herbicides, but maintained that, in future conflicts, the U.S. would not initiate their first use.

Source: National Archives, RG 59, General Files on NSC Matters, Box 8, NSC Miscellaneous Memos, October & November 1971. Secret.

246. Memorandum From the Chairman of the National Security Council Interdepartmental Political-Military Group (Spiers) to the President’s Assistant for National Security Affairs (Kissinger)

Spiers forwarded the recently compiled DOD studies of the military utility of herbicides and riot control agents, fulfilling the requirements of NSSM 112.

Source: Washington National Records Center, OSD Files: FRC 330–76–197, 370.64 CBR (Jul–). Secret. Davis circulated the memorandum and its attachments to Laird and other officials, under cover of a memorandum in which she requested comments before December 28. (Ibid.)

247. Memorandum From Secretary of State Rogers to President Nixon

Rogers discussed planning for the signing ceremony for the Convention on Biological Weapons and recommended that the President participate.

Source: National Archives, RG 59, Central Files 1970–1973, POL 27–10. Limited Official Use. Drafted by Van Novena (ACDA/IR).

248. Memorandum From the Acting Director of the Arms Control and Disarmament Agency (Farley) to the President’s Assistant for National Security Affairs (Kissinger)

Farley contended that DOD’s studies on the utility of herbicides and riot control agents (see attachments to Document 246) did not generate a need to modify the judgments contained in the Geneva Protocol study (Document 236). [ca. 9/8]

Source: Washington National Records Center, Office of the Director, DD/ACDA, P. Farley Subject Files, March 1969–June 1973: FRC 383–98–96, Chron Files: Deputy Director, ACDA, J. Philip Farley, September–December 1971. Secret.

249. Memorandum From the Executive Secretary of the Department of State (Eliot) to the President’s Assistant for National Security Affairs (Kissinger)

The Department of State informed Kissinger that the Department of Defense studies did not require modification of the IPMG study on the Geneva Protocol made in Document 245. It then outlined three options for the Administration to consider and recommended that the Administration actively move ahead with gaining support for ratification.

Source: National Archives, Nixon Presidential Materials, NSC Files, NSC Institutional Files (H-Files), Box H–179, NSSM 112. Secret.

250. Telegram 37639 From the Department of State to the Embassy in the Soviet Union

The telegram reported on a telephone conversation between Soviet Ambassador Dobrynin and Assistant Secretary DePalma concerning the upcoming signature of the Biological Weapons Convention. Dobrynin proposed that the signing occur between March 20 and 24, and be done at the foreign minister level in the presence of heads of Government.

Source: National Archives, RG 59, Central Files 1970–1973, POL 27–10. Confidential. Also sent to London. It was repeated to USMission Geneva, USNATO, and USUN. Drafted on March 3 by Neidle (ACDA/IR); cleared by De Palma (IO) and Shaw (PM); and approved by Leonard (ACDA/IR).

251. Memorandum From Michael Guhin of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)

Guhin indicated that the President had decided not to participate in the signing ceremony for the Biological Weapons Convention and forwarded an appeal from Secretary of State Rogers. The appeal noted that the absence of the President was likely to be construed as a rejection of the Soviet’s March 3 démarche (see Document 250) and as appropriate given the leading role the U.S. had taken in bringing the Convention to fruition.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 312, Subject Files, Chemical, Biological Warfare Vol. V. Limited Official Use. Sent for action. Sent through Walsh. Below the “Recommendation” line Sonnenfeldt wrote, “I reluctantly concur in view of Sec Rogers’ appeal. HS.” Below that, Kissinger wrote, “Add that Dobrynin has appealed because Kosygin will participate,” presumably meaning that Guhin should add the information to the schedule proposal for the President. The memorandum was sent through Haig, who initialed it. At the top of the memorandum is written “Rush,” with a line linking “Rush” to Kissinger’s note at the bottom. The schedule proposal is not published.

252. Memorandum From the Director of the Arms Control and Disarmament Agency (Smith) to the President’s Assistant for National Security Affairs (Kissinger)

Smith emphasized the importance of the President’s attendance at the Biological Weapons Convention signing ceremony in light of Dobrynin’s March 3 request (Document 250) and Soviet suspicions over Nixon’s recent trip to China.

Source: National Archives, Nixon Presidential Materials, NSC Files, Box 312, Subject Files, Chemical, Biological Warfare Vol. V. Confidential.

253. Transcript of Telephone Conversation Between the President’s Assistant for National Security Affairs (Kissinger) and the Soviet Ambassador (Dobrynin)

Dobrynin pressed Kissinger for a decision on Nixon’s attending the signing ceremony for the Biological Weapons Convention.

Source: Library of Congress, Manuscript Division, Kissinger Papers, Box 395, Telephone Conversations, Dobrynin, September 1971–April 1972. No classification marking.

254. Conversation Between President Nixon and the President’s Chief of Staff (Haldeman)

During this discussion, Haldeman convinced the President to attend the signing ceremony for the Biological Weapons Convention.

Source: National Archives, Nixon Presidential Materials, White House Tapes, Conversation No. 323–33. No classification marking. The editors transcribed the portion of the tape recording published here specifically for this volume.

255. Draft Convention on Chemical Weapons

Text of Communist draft convention prohibiting production and stockpiling of chemical weapons.

Source: Documents on Disarmament, 1972, pp. 120–124. No classification marking. For text of the U.S. Work Program regarding negotiations on the prohibition of chemical weapons, submitted to the CCD on March 20, and the statement of the U.S. Representative on chemical weapons, made March 21, see ibid., pp. 98—113.

256. Editorial Note.

257. Report by Secretary of State Rogers to President Nixon

Rogers summarized the negotiations concerning the Biological Weapons Convention and analyzed its terms in anticipation of its submission to the Senate for ratification.

Source: Documents on Disarmament, 1972, pp. 380–386. No classification marking. Nixon submitted the convention to the Senate for its advice and consent on August 10, 1972, but the Senate Foreign Relations Committee held up the vote along with the vote on the Geneva Protocol because of its disagreement with the administration over whether the Protocol prohibited the use of herbicides and riot control agents. In December 1974, after a concerted lobbying effort by the Ford administration, the Senate gave its consent to both treaties, and President Ford ratified them on January 22, 1975.

258. Memorandum From the Assistant Secretary of Defense for International Security Affairs (Nutter) to Secretary of Defense Laird

Nutter forwarded a DOD study of chemical warfare initiatives for the Conference of the Committee on Disarmament and offered a detailed analysis of the options presented.

Source: Washington National Records Center, OASD/ISA Files: FRC 330–75–155, 384. Top Secret. Appendices A and B to JCSM–276–72 are not published.