173. Telegram 160682 From the Department of State to the Embassy in Kenya1 2

Subject:

  • Response to Anticipated Kenya Request for U.S. Arms

Ref:

  • (A) Nairobi 6028 (Notal);
  • (B) Nairobi 6121 (Notal);
  • (C) Mogadiscio 1138 (Notal)

1. Dept and DOD believe that dols. 40 million congressional ceiling on military equipment that can be provided to Africa is likely to preclude consideration of MAP grants or FMS credit during FY 1975 unless presidential authority to waive ceiling is restored as proposed in legislation submitted by the administration. As a practical matter, however, even if waiver authority is restored, flexibility also constrained by limited funds expected to be available, existing programs, and priorities. Also, availability of credit funds normally not known until late in the fiscal year. Question of future credit programs for all African countries is subject high level over-all review of African arms policy.

2. On question of FMS cash sales, Department is including Kenya in pending proposal for presidential determination that seven additional countries be made eligible for fms cash sales. Submission this proposal to White House being expedited.

3. ExIm Bank is forbidden by law to finance arms sales to LDCS. While private commercial credit may sometimes be arranged by US manufacturers, items mentioned reftel (A) are likely to be equipped with government furnished equipment (GFE) and, therefore, require FMS cash sales eligibility determination by President. If items did not contain GFE, export license might be approved for commercial sale. Definite judgment cannot be rendered without complete description of items bought.

4. In view of above, should Kenyatta approach you on question military assistance, you should reply that while USG is sympathetic to Kenyan perception of need the USG operates under severe congressional and fiscal restraints in this field. You should describe these restraints but add that you will nonetheless promptly forward his request to the Department for consideration.

5. General approach you suggest in paras 4 and 5 reftel (A) has potential merit and we believe it might appeal to Kenyatta for him to become the spokesman for a joint, more restrained approach by the governments in East Africa to arms acquisition programs. If you make such an approach, you should point out source of the problem, i.e., substantial arms deliveries to the area by Soviets, East Bloc, and PRC have included most modern and sophisticated weapons systems. Kenya’s concerns for its own security, therefore, are fully understood by US. If all concerned in East Africa could be brought to understand the potential cost in both economic and political terms of arms races, competition, it could benefit all. Given the developments of past several years, however, it is not countries who have maintained full non-aligned status or even those who have maintained close relationships with West which have been in vanguard of the African states undertaking major arms acquisitions but rather Soviet and PRC clients.

6. FYI only. You should also be aware that USG now responding to urgent Ethiopian arms requests with increase in FMS credits, expedited delivery of programmed MAP equipment and authorization of increased cash sales. Such initiative as the one you propose would have to avoid being contradictory to our present efforts on behalf of Ethiopia. Probably any self imposed limitation on arms supplies to the Horn could only come into effect after Kenya and Ethiopia have satisfied themselves they have overcome the disadvantages they now feel vis-a-vis their neighbors. End FYI.

Kissinger
  1. Source: National Archives, RG 59, Central Policy Files, 1974. Confidential; Immediate; Exdis. Repeated to Addis Ababa, Dar Es Salaam, London, Moscow, Mogadiscio, Paris, and USCINCEUR. Drafted by Lt. C. Sigler of DOD/ISA, Ralph Bresler of AF/E, and Hal Horan of NSC; cleared in S/S, ACDA, EXIM, PM/SAS, AF/RA, and AF/E; approved by Blake.
  2. The Department instructed the Embassy to tell President Kenyatta of Congressional and fiscal restraints on U.S. ability to provide arms to Kenya, and point out that the arms build-up in the region was the responsibility of the East Bloc.