Office of the Historian

167. Action Memorandum From the Assistant Secretary of State for Economic and Business Affairs (Hormats) to the Acting Secretary of State (Stoessel)1

Washington, July 2, 1982

SUBJECT

  • British Concern Over Impending U.S. Announcement not to Sign Law of the Sea Treaty

We just received an urgent phone call from Rodric Braithwaite, Commercial Minister at the British Embassy. The British have heard that the President is expected to announce soon that the U.S. will not sign the Law of the Sea (LOS) Treaty as adopted in New York in April. He told me in strong language that if, in addition to our many outstanding problems, the U.S. were to do so before real consultations had been held, “the fat will be in the fire.” When we asked whether the cause for British concern was the expected lack of consultations or the decision itself not to sign, Braithwaite gave an unclear answer, but again emphasized the necessity for consultation, as, he claimed, Secretary Haig had agreed with the British State Secretary in May.2

Our understanding is that the President’s announcement has been drafted in the White House and is scheduled to be released as early [Page 488] as Tuesday.3 On the same day we are scheduled to host a meeting of the CG–5 (UK, FRG, France and Japan), at which time we assume we would advise them of our decision and seek to lay the groundwork for the development of an alternative regime. We also understand, however, that we are in the process of cancelling the CG–5 meeting because we would be unable to consult (as opposed to inform) about our decision on the Treaty and we are not yet prepared to lay out our ideas on an alternative regime.4

We suggested to Braithwaite that since the matter is now in the White House’s hands he might have his Ambassador get in touch with Judge Clark to pass on their message. The British will also speak to you.5

Recommendation:

That you call Judge Clark to urge that the President delay the announcement until we have had the opportunity to consult with our allies and digest the results of those consultations, i.e. presumably until the week of July 12. Talking points are attached.6

  1. Source: Department of State, Marine Law and Policy Division, Subject and Country Files, Law of the Sea, 1982–1983, Lot 85D105, Law of the Sea—6. Confidential. Drafted by Calingaert and cleared in EB, EUR, and OES/Malone.↩
  2. In telegram 143558 to London, May 26, the Department transmitted a letter from Haig to Pym, which stressed, “It is more important than ever before that our governments continue to work closely together in the next few weeks in charting our future course of action on oceans matters. Our representatives should consult before any final decisions regarding the treaty are taken, so that our shared interests can be fully taken into account.” (Department of State, Central Foreign Policy File, D820273–1031)↩
  3. July 6.↩
  4. In telegram 14347 from Bonn, July 3, the Embassy reported on West German reaction to the postponement of the July 6 RSA talks. (Department of State, Central Foreign Policy File, D820347–0554)↩
  5. In telegram 187656 to London, July 7, the Department transmitted a British démarche requesting postponement of the U.S. announcement. (Department of State, Central Foreign Policy File, D820352–0324)↩
  6. Attached but not printed. There is no indication of approval or disapproval of the recommendation. Following the recommendation, an unknown hand wrote: “Handled by Bremer-Clark memo.” In a July 3 memorandum to Clark, Bremer wrote: “The Department of State recommends that, if agreeable to the White House, there may be some international benefits in postponing the Presidential announcement on Law of the Sea by not longer than one week to enable us to inform the allies about the President’s decision on LOS during the week of July 5.” (Reagan Library, Guhin, Michael A.: Files, 07/01/1982–07/02/1982) President Reagan made his announcement on July 9. (Public Papers: Reagan, 1982, Book II, pp. 911–912↩