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

193. Memorandum From the President’s Assistant for National Security Affairs (Clark) to President Reagan¹

Washington, undated

SUBJECT

• Law of the Sea Preparatory Commission

Issue

Should we withhold our share of our assessed UN contribution for implementing the Law of the Sea (LOS) seabed provisions?

Discussion

The UN recently adopted a resolution, by a vote of 132–4, that would finance the LOS Preparatory Commission out of the regular UN budget, of which we normally pay 25 percent. We strongly opposed it.²

Withholding our share (1) would not stop the Preparatory Commission; (2) would likely be criticized by some as contrary to collective financial responsibility which the US strongly supports for the UN; and (3) might be successfully challenged in the International Court of Justice. (We have withheld such funds to date only in rare circumstances where Congress has so directed.)³

On the other hand, the LOS Commission is not a proper UN expense; we have a good legal basis for not paying for it; and payment would be a bad precedent for any future cases of improper use of assessed funds; and be criticized by supporters of our LOS policy. Moreover, payment would support an activity that is directly contrary to our policy and approach on LOS and seabed mining as we oppose the treaty because of the damaging seabed provisions and will not be participating in the Preparatory Commission.

George Shultz and Jeane Kirkpatrick recommend withholding these funds (Tabs B & C).⁴ Ed Meese and I fully agree. This would apply to about $1 million of next year’s funds and possibly more in subsequent years.

RECOMMENDATION

That you approve the policy of withholding funds from our assessed UN contribution for implementing the LOS seabed provisions. (If you approve, I will issue the memo to agencies at Tab A.)⁵

1. Source: Reagan Library, Meese Files, Law of the Sea. Confidential. Sent for action. Drafted by Guhin. A copy was sent to Meese. Printed from an unsigned copy.
2. See Document 181.
3. See footnote 7, Document 183.
4. Attached but not printed.
5. Attached but not printed. An unknown hand drew a line through the proposed memorandum and wrote: “Will not be sent.” Clark checked and initialed the approve option for Reagan. On December 30, 1982, Reagan issued a statement regarding the withholding of funds from the Preparatory Commission. (Public Papers: Reagan, 1982, Book II, p. 1652)