Law of the Sea
31. Memorandum From the President’s Assistant for National Security Affairs (Scowcroft) to President Ford
Scowcroft summarized a report on the March 15–May 7 (New York) UNCLOS III negotiating session.
Source: Ford Library, William Seidman Files, Box 75, Law of the Sea. Secret. Sent for action. A signed copy of Tab A is in the National Archives, RG 59, Central Foreign Policy Files, P760110–0509. Tab B was not attached to this document, but a copy is in the Department of State, S/SI Files: Lot 83 D 290, NSC Under Secretaries Committee Miscellaneous Memoranda (1972–1977), 1976. Tab C is published as UN Document A/CONF.62/WP.8/REV.1. NSDM 320 is published as Document 25. For Kissinger’s speech, see the source note of Document 27.
32. Memorandum From the President’s Assistant for National Security Affairs (Scowcroft) to President Ford
Scowcroft summarized the instructions to guide the U.S. delegation to the August–September 1976 (New York) UNCLOS III session and recommended approval.
Source: Ford Library, National Security Council, Institutional Files, Box 67, NSDM 336 (1). Secret. Ford initialed his approval. For Kissinger’s April 8 speech, see the source note to Document 27. Kissinger’s message to UNCLOS III President Amerasinghe is published in Department of State Bulletin, September 6, 1976, pp. 327–328. Tab A, as signed, is published as Document 38. Attached but not published at Tab B is the July 30 NSC Under Secretaries Committee Memorandum NSC–U/DM–109L from Habib to Ford. Attached but not published at Tab C is a July 21 memorandum from Frizzel to NSC Under Secretaries Committee Chairman Robinson.
33. Memorandum for the Record
Kissinger discussed with Department of State officials how best to utilize his August 13–14 appearance at the August–September, 1976 (New York) UNCLOS III session.
Source: National Archives, RG 59, Central Foreign Policy Files, P820118–0520. Secret; Nodis. A note to researchers, this document was found under the date September 13, 1976 in the electronic search system.
34. Memorandum of Conversation
Kissinger discussed negotiating strategy with team leaders of the U.S. delegation to the August–September 1976 (New York) UNCLOS III session.
Source: National Archives, RG 59, Central Foreign Policy Files, P820121–0558. Secret; Nodis. The “Brazil Group” or “Secret Brazil Group” included Brazil, Chile, France, Kenya, Mexico, Norway, Peru, Singapore, Sri Lanka, the United States, and, after mid–1976, Jamaica. The group met privately to negotiate compromises when impasses arose in LOS negotiations, and then quietly used UNCLOS III officers or sympathetic delegations to introduce conciliatory language into the public debate.
35. Memorandum of Conversation
Kissinger and other representatives of the U.S. delegation discussed Law of the Sea matters with members of the Mexican delegation.
Source: National Archives, RG 59, Central Foreign Policy Files, P820121–0548. Secret; Nodis.
36. Memorandum of Conversation
Kissinger and other representatives of the U.S. delegation discussed Law of the Sea matters with UNCLOS III officers.
Source: National Archives, RG 59, Central Foreign Policy Files, P820121–0508. Secret; Nodis. Kissinger’s toast was circulated as Department of State Press Release USUN (91) 76, which can be found in the National Archives, RG 59, Central Foreign Policy Files, P820121–0517. Ambassador Kenneth Osbourne Rattray of Jamaica was Solicitor General of the Attorney General’s Department and a member of the Jamaican UNCLOS III Delegation.
37. Memorandum of Conversation
Kissinger and other representatives of the U.S. delegation discussed Law of the Sea matters with members of the Soviet delegation.
Source: National Archives, RG 59, Central Foreign Policy Files, P820121–0527. Secret; Nodis.
38. National Security Decision Memorandum 336
Ford approved instructions for the U.S. delegation to the August–September 1976 (New York) session of UNCLOS III.
Source: Ford Library, National Security Adviser, National Security Decision Memoranda and Study Memoranda, Box 1. NSDM 336. Secret. Copies were sent to the Secretary of Transportation, the Director of the Office of Management and Budget, the Director of Central Intelligence, the Assistant to the President for Economic Policy, the Director of the Office of Science and Technology Policy, and the Chairman of the Joint Chiefs of Staff. NSDM 260 is published as Document 14. NSDM 288 is published as Document 18. NSDM 320 is published as Document 25. The July 30 Memorandum from the Acting Chairman of the NSC Under Secretaries Committee is summarized in Document 32.
39. Memorandum for the Record
Kissinger discussed with Department of State officials how best to utilize his early September appearance at the August–September, 1976 (New York) UNCLOS III session.
Source: National Archives, RG 59, Central Foreign Policy File, P860084–2123. Secret; Nodis. The meeting took place in the Secretary’s Conference Room. Paul Engo of the Republic of Cameroon chaired the First Committee of UNCLOS III.
40. Memorandum for the Record
Kissinger met with selected Executive Branch representatives to discuss strategy on key Law of the Sea issues.
Source: National Archives, RG 59, Central Foreign Policy Files, P820118–0912. Secret; Nodis. The meeting took place in the Secretary’s Conference Room.
41. Telegram 213536 From the Department of State to Multiple Posts
The Department cabled for immediate delivery a private message from Kissinger to selected Foreign Ministers concerning the UNCLOS III negotiations taking place in New York.
Source: National Archives, RG 59, Central Foreign Policy Files. Confidential; Niact Immediate; Exdis. Drafted by Newlin (D/LOS); cleared by Lord (S/P); and approved by Kissinger. Sent Niact immediate to Abidjan, Bogota, Bonn, Brasilia, Buenos Aires, Cairo, Canberra, Caracas, Dakar, Jakarta, Jidda, Kathmandu, Kingston, Kinshasa, Kuala Lumpur, La Paz, Lima, London, Lusaka, Mexico City, Monrovia, Nairobi, Nassau, Oslo, Ottawa, Rabat, San Jose, Santiago, Singapore, Tehran, The Hague, Tokyo, Tunis, Vienna, and Wellington. Sent immediate to USUN and Paris.
42. Memorandum of Conversation
Kissinger and other members of the U.S. delegation discussed marine scientific research and the status of the economic zone with representatives of selected delegations to UNCLOS III.
Source: National Archives, RG 59, Central Foreign Policy Files, P820121–0625. Secret; Nodis.
43. Memorandum of Conversation
Kissinger and other members of the U.S. delegation discussed UNCLOS III negotiations with British, Soviet, Japanese and French representatives.
Source: National Archives, RG 59, Central Foreign Policy Files, P820121–0672. Secret; Nodis. A note to researchers, this was found under the date December 8, 1976 in the electronic system.
44. Memorandum of Conversation
Kissinger and other members of the U.S. delegation discussed UNCLOS III issues with a roundtable of representatives from other states.
Source: National Archives, RG 59, Central Foreign Policy Files, P820121–0651. Secret; Nodis.
45. Memorandum of Conversation
Kissinger and other members of the U.S. delegation discussed UNCLOS III issues with representatives from Norway, Sri Lanka, and Peru.
Source: National Archives, RG 59, Central Foreign Policy Files, P820121–0641. Secret; Nodis.
46. Memorandum of Conversation
Kissinger reported to President Ford on his intervention at the UNCLOS III session in New York.
Source: Ford Library, National Security Adviser, Memoranda of Conversations, Box 21, September 2, 1976, Ford, Kissinger, Scowcroft. Secret; Nodis. The meeting took place in the Oval Office. For the announced changes in the U.S. position, see Kissinger’s speech in source note, Document 27.
47. Memorandum of Conversation
After Kissinger’s second visit to the August–September 1976 (New York) UNCLOS III session, he discussed Law of the Sea matters with Department of State officials.
Source: National Archives, RG 59, Central Foreign Policy Files, P860084–2438. Secret; Nodis. The meeting took place in the Secretary’s office. “Jules” refers to Katz.
48. Telegram 225459 From the Department of State to the Mission to the United Nations
Kissinger issued instructions to guide the U.S. delegation during the final stages of the August–September (New York) UNCLOS III negotiating session.
Source: National Archives, RG 59, Central Foreign Policy Files. Secret; Immediate; Exdis, Stadis. Drafted by Blaney (S/P); cleared in L, OES, D/LOS, and S/S; and approved by Kissinger.
49. Telegram 3788 From the Mission to the United Nations to the Department of State
The U.S. delegation submitted an unclassified report concerning the August 2–September 17 (New York) UNCLOS III negotiating session.
Source: National Archives, RG 59, Central Foreign Policy Files. Unclassified; Priority. Only the summary of the 22-page telegram is published. Kissinger’s September 17 statement issued upon the closing of the UNCLOS III negotiations in New York is published in Department of State Bulletin, October 11, 1976, pp. 451–453.
50. Telegram 3795 From the Mission to the United Nations to the Department of State
The U.S. delegation submitted a classified report concerning the August 2–September 17 (New York)UNCLOS III negotiating session.
Source: National Archives, RG 59, Central Foreign Policy Files. Confidential; Priority. The delegation’s unclassified report is published as Document 49.
51. Memorandum From Denis Clift of the National Security Council Staff to the President’s Assistant for National Security Affairs (Scowcroft)
Clift reviewed, for Scowcroft, the August 2–September 17 (New York) UNCLOS III negotiating session, outlined the preparatory steps to be taken prior to the May 1977 UNCLOS negotiations, and recommended course of action pertaining to domestic seabed mining and fisheries legislation.
Source: Ford Library, National Security Adviser, NSC Europe, Canada, and Ocean Affairs Staff, Box 58, General Subject File, Ocean Policy, 1976 (18). Secret; Sensitive. Sent for action. The tabs have not been found. For a copy of Learson’s report see Ford Library, National Security Adviser, NSC Europe, Canada, and Ocean Affairs Staff, Box 58, General Subject File, Ocean Policy, 1976 (16). NSDM 336 is published as Document 38. In the same file is an October 21 memorandum from Scowcroft to the Under Secretaries Committee requesting a review of the most likely outcomes of Congressional seabed mining initiatives during 1977 and the development of legislative response options taking into account the positions of interested Executive Branch agencies.
52. Memorandum of Conversation
Kissinger discussed preparatory measures for the May 1977 LOS session with Department of State officials.
Source: National Archives, RG 59, Central Foreign Policy File, P860084–2438. Secret; Nodis. The meeting took place in the Secretary’s Conference Room. “Jules” refers to Katz.
53. Action Memorandum From the Deputy Secretary of State (Robinson) to Secretary of State Kissinger
Robinson outlined a basic strategy for future UNCLOS III negotiations.
Source: National Archives, RG 59, Central Foreign Policy Files, P760189–1838. Confidential. Drafted by Poats (D); and cleared in the LOS Planning Group. At the top of the first page notation in an unknown hand reads, “Interagency consultations are already underway. Robinson would appreciate confirmation you are in agreement with strategy laid out below.” Kissinger initialed his approval and noted “Make absolutely clear that there is to be no further give in Committee I.” Attached but not published is the 62-page paper, dated November 3. Legislation to enable U.S. companies to proceed with seabed mining had been introduced in previous sessions of Congress, the most recent being the 1976 Deep Seabed Hard Minerals Act (S. 713). No bill had been enacted by the close of the Ford administration and it was not clear what provisions might be included in legislation likely to be introduced in 1977.
54. Briefing Paper Prepared in the Bureau of Oceans and International Environmental and Scientific Affairs at the Department of State
This transition paper written for the incoming Carter administration outlined the principal issues surrounding UNCLOS III negotiations and the implementation of 200-mile fisheries legislation.
Source: Library of Congress, Manuscript Division, Kissinger Papers, Box CL 327, Department of State, Carter, Jimmy, Transition Papers, Briefing Books, Series I (2), December 1976. No classification marking. Drafted by OES and D/LOS. Coordinated with ARA/LA/EP, L, EB, and H. Department of State telegrams indicate that Anthony Lake of President-elect Carter’s transition team requested by December 6 this document as a follow-up to a November 18 briefing book that provided a general overview of major issues facing the new administration. (Telegram 289737 from the Department of State to Kissinger, November 26, and telegram 292120 from the Department of State to Kissinger, December 1, both in National Archives, RG 59, Central Foreign Policy Files)