50. Memorandum From the President’s Assistant for National Security Affairs (Scowcroft) to President Ford1 2

SUBJECT:

  • Waiver of Security Assistance Ceiling for African Countries

Deputy Secretary of State Robinson (Tab B) has recommended that you make a Determination under Section 33(b) of the Foreign Military Sales Act to waive the $40 million ceiling on the total amount of security assistance (excluding training) for African countries in fiscal year 1976. You issued a similar waiver last year.

Pursuant to your budget decisions, the proposed FY 76 security assistance and credit program for Africa is about $98 million, including $86 million in FMS credits and $12 million in grants. Seven countries receive assistance: Ethiopia, Gabon, Kenya, Liberia, Zaire, Morocco and Tunisia.

In light of recent Soviet/Cuban intervention in Angola, continuing Soviet arms supplies to Somalia, Libya, Algeria and Uganda, and expanding Soviet military presence in Somalia, there is an increasing need for us to demonstrate to moderate African regimes our support for their efforts to strengthen national security. This increased need for assistance has coincided with a decrease of about 50 percent in the purchasing power of the dollar since Congress enacted the $40 million ceiling in 1967.

Accordingly, I believe the waiver of the $40 million ceiling is needed to allow the U.S. to respond adequately to the security needs of our friends in Africa and to promote our interests in this area of important political and strategic interest to the United States.

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We anticipate no significant Congressional opposition to waiver of the ceiling.

Publication in the Federal Register of a waiver under Section 33(b) is required unless such publication “would be harmful to the national security of the United States.” In this case, I believe no such harm would arise from such publication.

The Presidential Determination at Tab A for your signature is of the proper form to give effect to the recommended waiver.

RECOMMENDATION

That you sign the Presidential Determination at Tab A.

Jim Lynn (Tab C) and Max Friedersdorf concur, as does Jack Marsh.

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Presidential Determination No. 76–18

MEMORANDUM FOR THE SECRETARY OF STATE

SUBJECT: Waiver of the Limitation of Section 33 of the Foreign Military Sales Act, as amended, on the Aggregate of Military Assistance under the Foreign Assistance Act of 1961, and of the total Credits and Loans Guaranteed under the Foreign Military Sales Act, as amended, for African Countries in Fiscal Year 1976.

Pursuant to the authority vested in me by Section 33(b) of the Foreign Military Sales Act, as amended, I hereby determine that the waiver of the limitations of Section 33(a) of the Foreign Military Sales Act, as amended, for fiscal year 1976 is important to the security of the United States.

You are requested, on my behalf, promptly to report this determination to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, as required by Law.

This determination shall be published in The Federal Register.

Gerald R. Ford
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JUSTIFICATION FOR PRESIDENTIAL DETERMINATION WAIVING THE $40 MILLION CEILING ON TOTAL MILITARY ASSISTANCE, CREDITS, AND GUARANTEED LOANS TO AFRICAN COUNTRIES UNDER SECTION 33 OF THE FOREIGN MILITARY SALES ACT, AS AMENDED.

Since 1967 when Congress established the $40 million ceiling for military assistance to African countries, inflationary trends have accelerated. In that time, the purchasing power of the dollar has declined by about 45%. The constraint of the ceiling has markedly lessened our ability to respond to situations in Africa, which affect U.S. national interests. Since that time there also have been significant changes in the security situations in Africa. Large deliveries of Soviet arms to Angola, Congo (Brazzaville), Libya, Algeria, Somalia and Uganda and the presense of a Soviet base in Somalia have altered the military balance in several African regions.

The recent Soviet/Cuban intervention in Angola and the continued influx of Soviet arms into Congo (Brazzaville) Gabon. Several strategically located African countries, where we have mutually benefical relations, are affected by these growing military imbalances. Morocco and Tunisia occupy strategic positions along the southern shore of the Mediterranean. In addition, the U.S. Navy operates a communications station at Kenitra, Morocco. Tunisia is a moderate Arabic voice, much in contrast with its neighbor Libya. It is the only country on the southern Mediterranean littorial which offers regular access to its ports for units of the U.S. Sixth Fleet. Ethiopia is important to the U.S. for its strategic location in the Horn of Africa, near the Middle East oil fields and Indian Ocean oil routes and on the Red Sea passage to the Mediterranean. The U.S. is interested in maintaining its friendly relations with Ethiopia and stability in the region in the face of the Soviet Union’s influence in neighboring Somalia. Kenya is threatened by Somalia and Uganda and its military forces are totally outclassed by these Soviet-equipped neighbors. Kenya is one of the very few countries on the east coast of Africa which allows port calls by U.S. naval vessels.

Proposed programs in these six countries, plus a small Liberian program, come to an agregate total of about $98 million, not including grant training. Of this amount, about $86 million would consist of foreign military sales financing. The waiver of the $40 million dollar ceiling enables the U.S. Government to respond to these requests and promote U.S. interests in areas which are politically and strategically important to the U.S.

  1. Source: Ford Library, National Security Adviser, Presidential Subject File, Box 16, Subject File, Presidential Determinations FY 1976. Confidential. Sent for action. Ford initialed his approval. Tab B, Robinson’s report to Ford, dated May 11, and Tab C, Lynn’s concurrence, dated May 26, are not published.
  2. The memorandum recommended that President Ford issue a Presidential Determination waiving the $40 million ceiling on the amount allowed for security assistance for fiscal year 1976. Ford approved the recommendation.