Foreign Relations of the United States, 1969–1976, Volume E–3, Documents on Global Issues, 1973–1976

38. National Security Decision Memorandum 336¹ ²

Washington, August 14, 1976

TO:

• The Secretary of State
• The Secretary of the Treasury
• The Secretary of Defense
• The Secretary of Interior
• The Secretary of Commerce
• The Chairman, NSC Under Secretaries Committee

SUBJECT:

• Instructions for the August-September 1976 Session of the Third United Nations Conference on Law of the Sea

The President has reviewed the July 30, 1976 memorandum from the Acting Chairman of the NSC Under Secretaries Committee concerning instructions for the U.S. Delegation to the August-September session of the Third UN Conference on the Law of the Sea, together with the accompanying agency comments.

The President reiterates the importance of gaining broad international acceptance during the negotiations in 1976 of U.S. oceans policy positions on freedom of the high seas, unimpeded passage through and over international straits and archipelagos, access to seabed minerals, freedom of scientific research, and peaceful settlement of disputes. Subject to the consent of the senior Department of Defense representative on the Delegation, the Chairman of the U.S. Delegation is authorized to exercise existing authority on national security issues in the negotiations.

In this context, the President reaffirms the existing negotiating instructions as prescribed in NSDMs 260, 288, and 320 and concurs with the view of the Acting Chairman of the NSC Under Secretaries Committee that there is no need for change to existing instructions.

Should the Chairman of the U.S. Delegation deem it necessary to seek additional negotiating instructions during the August-September 1976 session, such requests should be forwarded for the President’s consideration via the Chairman, NSC Under Secretaries Committee, who will continue to be responsible for backstopping the U.S. Law of the Sea negotiations.

Upon conclusion of the August-September 1976 session, the Chairman of the U.S. Delegation is requested to submit a report to the President via the Chairman, NSC Under Secretaries Committee on the results of the negotiations.

Brent Scowcroft

1. 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.
2. Ford approved instructions for the U.S. delegation to the August–September 1976 (New York) session of UNCLOS III.