176. Memorandum From the President’s Deputy Assistant for National Security Affairs (Aaron) to President Carter1

SUBJECT

  • NSC Weekly Report #135

[Omitted here are items unrelated to East Africa.]

Kenya Agreement Initialed

On 3 April, US and Kenyan negotiators initialed, ad referendum on governments, the 10-year agreement that gives us the access to Kenyan facilities we have sought.2 It calls for the creation of a US liaison office to manage aspects of access, and allows us to make needed improvements to Kenyan facilities. The “cost” to us for this liberal access is $10 million in ESF for the next two years and $6 million in FMS credits in FY81, in addition to modest support now programmed for Kenya. The final agreement is very close to our initial draft, except that it provides for a “status of forces” arrangement rather than exclusive US legal jurisdiction over US personnel we initially proposed. So as not to embarrass the Kenyans, we should not publicize this achievement until after it has been formally accepted by both governments, and even then we should keep publicity at a low key. Secretary Vance will cable our acceptance after a final internal review.3 (C)

2. National Security Affairs Calendar (attached).4

  1. Source: Carter Library, Plains File, Subject File, Box 29, State Department Evening Reports, 1–5/80. Secret. Carter initialed “C” in the upper right corner.
  2. In telegram 6423 from Nairobi, April 3, the Embassy transmitted the text of the initialed ad referendum agreement. (National Archives, RG 59, Central Foreign Policy File, D800167–0082)
  3. In telegram 118752 to Nairobi, May 6, Christopher cabled U.S. approval of the agreement. (National Archives, RG 59, Central Foreign Policy File, D800224–0190)
  4. Not attached.