Foreign Relations of the United States, 1981–1988, Volume XLI, Global Issues II

158. Memorandum From Michael A. Guhin of the National Security Council Staff to the President’s Assistant for National Security Affairs (Clark)¹

Washington, May 5, 1982

SUBJECT

• Law of the Sea Review

Now that the Law of the Sea (LOS) session is over, we need to review a number of follow-on issues promptly. The need for such a review was agreed at the Meese meeting on April 20² and noted in my April 22 LOS briefing for the President.³ The memo to the interested agencies at Tab I would direct that a review be submitted by June 16. State (Malone) concurs in it; the other major LOS players agree in substance.

RECOMMENDATIONS

That you or Bud inform Meese of the memo directing the study and that you sign the memo at Tab I.⁴

Tab I

Memorandum From the President’s Assistant for National Security Affairs (Clark) to Multiple Recipients⁵

Washington, undated

SUBJECT

• United States Law of the Sea Policy

In light of the conclusion of the Law of the Sea (LOS) session in New York, the LOS Interagency Group should promptly review the following:

• The convention adopted at the conference, particularly as it relates to United States interests and the objectives set forth in the President’s January 29 statement and directive.

• Steps and positions the United States should now consider taking to best protect its Law of the Sea and other ocean interests. This should include, in particular, analysis of both near-term and longer-term approaches for the establishment of an alternative arrangement for deep seabed mining among like-minded states, as well as related questions on the positions of such key countries and others toward the LOS treaty.

• Considerations pertaining to (1) signing the Final Act at Caracas later this year, and (2) signing the convention and participating in the Preparatory Commission.

Analysis of alternative courses of action with their advantages and disadvantages should be included as appropriate. The review should be considered by the Senior Interagency Group and forwarded for the President’s consideration by June 16, 1982.

FOR THE PRESIDENT:

William P. Clark

1. Source: Reagan Library, Guhin, Michael A.: Files, 05/05/1982–05/06/1982. Secret. Sent for action.
2. Not found. In an April 20 draft memorandum to Reagan, Clark made reference to an upcoming April 20 NSC meeting on the Law of the Sea involving Clark, Meese, and representatives from State, Defense, and Treasury. No record of the April 20 NSC meeting has been found.
3. See footnote 2, Document 155.
4. Clark checked the approve option.
5. Secret. Sent to Haig, Regan, Weinberger, Smith, Watt, Baldrige, Donovan, Lewis, Edwards, Casey, Kirkpatrick, and Jones. Copied to Meese, Stockman, Baker, Deaver, Harper, Weidenbaum, Keyworth, Gorsuch, and Slaughter. Printed from an unsigned copy. A signed copy dated May 11 is in Department of State, Marine Law and Policy Division, Subject and Country Files, Law of the Sea, 1982–1983, Lot 85D105, Law of the Sea—5.