114. Memorandum From the President’s Assistant for National Security Affairs (Kissinger) to President Ford1
SUBJECT
- Presidential Determination for Sale of the Sidewinder Missile to Brazil
Deputy Secretary of State Ingersoll has recommended that you make a Determination, required by Section 4 (The Conte Amendment) of the Foreign Military Sales (FMS) Act, to permit Brazil to make credit purchases of a sophisticated weapon—the air-to-air Sidewinder missile (Tab B). The Conte Amendment prohibits the use of funds authorized by the Act to provide credit for the sale of sophisticated weapon systems to any underdeveloped country unless you determine that it is important to U.S. security.
On May 21, 1973, President Nixon found it to be important to U.S. national security to make credit available for the sale of F–5E aircraft to five Latin American countries including Brazil. The Brazilians believed, when they purchased the F–5E aircraft for credit in 1973, that they would be permitted to purchase the Sidewinder also on the same terms.
I see no objection to agreeing to the Brazilian request. The F–5E is designed to carry the Sidewinder (AIM–9) air-to-air missile as one of its principal armaments. Although we do not normally sell consuma [Page 316] bles like munitions for credit—only for cash—appropriate missiles are frequently packaged in with initial sales of aircraft. The Brazilians understand in this case that future sales of the Sidewinder will be for cash, and that no new credits would have to be extended to cover the initial sale of the missiles.
Consultations with Congress, in conjunction with the possible sale of the F–5E to Brazil and the other Latin American countries, revealed a diminution of hostility to transfers of sophisticated arms to Latin America since the Conte Amendment was enacted in 1967. Although there is growing antagonism on arms sales there has been no adverse reaction in Congress to the earlier decision to sell the F–5E to Brazil. I believe—and Mr. Friedersdorf agrees—that Congress will accept the sale of the Sidewinder missile as an integral part of the F–5E weapon system. Two other countries in Latin America—Argentina and Venezuela—have already bought the Sidewinder without adverse reaction in Congress.
Foreign Assistance Act Section 502(B)—concerning human rights—potentially applies to Brazil. This is, however, a sense of Congress resolution which is not binding. The Department of State has plans to deal with the purport of Section 502(B) outside this Determination.
I recommend you make the necessary Determination that extension of credit for sale of the Sidewinder to Brazil is important to the security of the United States. The memo at Tab A will give effect to this recommendation.
Subject to your approval, the Department of State will inform Congress of your Determination along with the statement of reasons attached at Tab A. The law requires that Congress be informed and also requires that the pertinent documents be published in the Federal Register.
Mr. Lynn concurs in this recommendation to sell the Sidewinder missile to Brazil (Tab C) as does the Department of Defense.
Recommendation
That you sign the Determination at Tab A.
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Summary: Kissinger advised Ford to sign a Presidential Determination allowing Brazil to purchase Sidewinder missiles.
Source: Ford Library, National Security Adviser, NSC Latin American Affairs Staff Files, Box 1, Brazil, Political, Military, 2. Confidential. Sent for action. Scowcroft initialed the memorandum for Kissinger. Ford initialed the memorandum. Attached at Tab A is a signed determination from the President to the Secretary, May 22; attached at Tab B is a memorandum from Ingersoll to the President, including a Justification, April 16; and attached at Tab C is a memorandum from Lynn to the President, April 24. The attachments are not published. According to telegram 121642 to Brasília, May 23, the Presidential Determination authorizing the sale of Sidewinder missiles to Brazil was signed on May 22. (National Archives, RG 59, Central Foreign Policy File, D750182–0560)
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