Foreign Relations of the United States, 1969–1976, Volume E–11, Part 2, Documents on South America, 1973–1976

191. Memorandum From Stephen Low of the National Security Council Staff to Secretary of State Kissinger¹

Washington, June 6, 1975.

SUBJECT

• Chile Arms Sales

At this stage, authorization to proceed with the $50 million of arms sales Chile has requested would permit us to deliver only about $1.5 million of that before July 1. This has led Carl Maw to the view that we should withhold authorizing these sales until after July 1 but proceed with them after that if the new provision in the continuing resolution permits us to do so. The one hundred Congressmen who signed the McDonald letter urging us to proceed with the sales has complicated the problem. It has focused attention of those opposed to arms transfers to Chile on the matter and particularly on the legal question of whether or not authority exists for such sales. This increases the likelihood that a new and stiffer provision will be included in the continuing resolution which will rule out all arms transfers. Senators Thurmond and Helms are circulating a letter on the same subject in the Senate.

Thus, if we proceed now, we would appear to be acting at the last minute before more restrictive legislation comes into effect, either as a result of the prompting of a small group of Congressmen and Senators or after having stimulated them to a particular interpretation of the law. In the current atmosphere this cannot help but contribute towards Congressional hostility towards U.S. programs in Chile and other international arms efforts. If, on the other hand, the Congress does not change the Chile arms provision in the new continuing resolution, after having had the interpretation that it permits sales brought to its attention, we would be on sounder grounds to proceed later.

A further factor is the recent spate of stories in the Post and New York Times on torture in Chile, and the growing impression that the Chileans really have not taken the measures they indicated they would to improve the human rights situation. Some intelligence reports indicate they may be hardening their position towards the visit of the U.N. Human Rights Commission group.

One could urge going ahead now on the grounds that there is never a good time to proceed with arms sales to Chile, and the general atmosphere towards Chile has somewhat improved. Furthermore, since the provision on arms transfer to Chile is likely to be stiffened anyway, we ought to take this opportunity to transfer what we can and show our good faith to the Chileans.

Recommendation

Nevertheless, because proceeding to authorize the sales would aggravate our problems on the Hill without permitting us to transfer any significant quantities of arms to Chile, I recommend that we hold off until July 1 and proceed then if the flexibility we now have remains in the continuing resolution. Furthermore, we should take care not to inform the Chileans now that we will go ahead after July 1, since any publicity about our plans to do so would almost guarantee a stiffer provision in the CRA.

Clint Granger and Les Janka concur.

1. Summary: Noting that proceeding with arms deliveries to Chile might lead Congress to pass more restrictive legislation on military assistance, Low recommended that the resumption of weapon sales to Chile be delayed until at least July 1.

   Source: Ford Library, National Security Adviser, Presidential Country Files for Latin America, Box 3, Chile 2. Secret. Sent for action. Granger and Janka concurred. Kissinger approved the recommendation. On June 22, McFarlane informed Davis that Ford’s May 26 approval of Kissinger’s memorandum [Document 190] “was overcome by subsequent events and specifically a later paper Steve sent over urging that we hold off in going ahead with arms sales and deliveries until after the beginning of the fiscal year.” (Ibid., Chile, 3) The letter from 101 Congressmen referred to in this memorandum was attached to Document 190 as Tab D.