175. Memorandum From Michael A.
Guhin of the National Security Council Staff to the
President’s Assistant for National Security Affairs (Clark)1
Washington, September 25, 1982
SUBJECT
- Law of the Sea and Oceans Policy Review
John Poindexter and I discussed
this issue last evening in light of my previous memos2 and agree
that we need to do more than simply turn off Watt’s effort to take over oceans
policy under the Cabinet Council on Natural Resources and Environment.
In effect, we need to:
• ensure that Shultz understands
the high level interest in these issues and their important domestic
political aspects;
• energize State in this area to fill the vacuum that has been left by
Malone’s failure to take
charge of these issues; and
• reflect this by establishing a new Oceans Policy SIG with upgraded representation in State
by having Dam chair it and
Buckley chair the Working
Group. This SIG would be responsible
for all oceans policy and LOS-related
matters, except purely domestic issues of development, regulation and
other action within already established US
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territorial waters and continental shelf. In view
of some of the failings of the past interagency process under State, and
consistent with actions in other areas, I would suggest that we take on
the executive secretary function.
To the above ends, talking points for a conversation with Shultz are at Tab A and points for
discussing this with Meese are
at Tab B. We should get this worked out with Shultz before he leaves tomorrow.
If this proves acceptable, I will prepare a decision memo for the
President’s signature promptly. It would preferably include the decision
on having a high level outside emissary and who that emissary will be.
Your points for Shultz include
that topic.
RECOMMENDATION
That you talk with Shultz first
and then Meese on this (points
at Tabs A and B respectively).3
Tab A
Talking Points for Secretary of State Shultz4
LOS
and Oceans Policy Review
• As you know, we are still working on getting a high level outside
emissary on Law of the Sea for talks in October with Thatcher, Mitterrand, Schmidt or his successor,
Suzuki and possibly a few
others.
• We are trying to get Don
Rumsfeld lined up.
• I know you recommended Buckley for the mission and reduced Presidential
involvement.
• But the fact is that these issues have major domestic political as
well as international and foreign policy aspects, and the President wants a special emissary and wants to be
involved. An emissary would, for example, carry a personal and
substantive letter from the President.
• Now we face a situation where Jim
Watt has written his Cabinet Council to take over a
large number of oceans policy issues that are basically
international and LOS-related. This
could include some new and positive initiatives.
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• I directed the LOS
SIG to review our ocean interests
in May5 and how to protect them but, to be honest,
State has not run with that ball. In fact, after working on the
emissary State has been largely inactive on these aspects and
Malone has not taken
charge of them ever since his nomination fell through. This created
a vacuum for Watt to move in
with his longstanding interest.
• To protect and ensure the best coordination for oceans policy
matters, and put State back as lead agency where it belongs, we need
a facelifting of the system to reflect high level interest and
energize the system.
• To this end, I suggest we try to establish a new Oceans Policy
SIG that would consider all
oceans and LOS-related matters
except purely domestic issues and be chaired by Ken Dam. Given Malone’s current situation and
past performance, Buckley
should probably chair the Working Group.
• To try to correct some of the past problems in the process, I would
also suggest that we act as executive secretary to the group.
(Mike Guhin of my staff
follows this matter closely.)
• To be effective here I need your help on this, to give these
matters higher level and priority attention and to energize the
system.
• If you have no problems with that approach, I will proceed here on
this at the same time as working out the emissary matter.
Tab B
Talking Points for the Counselor to the
President (Meese)6
LOS
and Oceans Policy Review
• As you know, Jim Watt has
proceeded to have his Cabinet Council take charge of a wide range of
oceans policy issues.
• We need to move ahead on these issues, but the Cabinet Council is
not the right forum.
• The issues are basically international and LOS-related, with the few exceptions of development and
regulation within already established US territorial waters and
continental shelf.
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• The issues have to be coordinated carefully with others in the
navigation, overflight and other areas that are being dealt with in
State, Defense and LOS
channels.
• We need one system and focal point, not two. Moreover, State is
recognized as the only agency capable of preparing the backup and
analysis for those issues that Watt is addressing, and this argues for its having
lead agency role.
• At the same time, I recognize that State did not run with the ball
after my May directive that oceans policy issues be reviewed, except
for its work on the emissary aspects (which, by the way, has been
proceeding). In effect, Malone has not taken charge of these issues, and
probably cannot do so given his current situation, and there has
been a vacuum created by State into which Watt has moved.
• We are asking for more problems if we allow these issues to be
disjoined and split up.
• Therefore, to give these matters even higher level focus and to
energize the system, we should establish a new Oceans Policy SIG with responsibility for all ocean
policy matters except those truly domestic issues within our
territorial seas and continental shelf and chaired by Ken Dam. Buckley could chair the Working
Group rather than the SIG level,
and we would plan to be the executive secretary to avoid some of the
past problems in the process.
• I have talked with Shultz
and he now understands the importance of these issues and the
President’s personal interest and sees the need to put more steam
behind these.
• We can expect some complaints from Watt, but he will clearly understand the logic of
what we are doing and his people are still claiming they do not care
who does the work.
• We need to get this moving now and could establish it at the same
time that we get a high level outside emissary for LOS. Combined, these could get the
ball rolling very effectively and produce some new initiatives
fairly quickly.
