(UNTITLED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP73B00296R000400070001-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 12, 2016
• Document Release Date: January 25, 2002
• Sequence Number: 1
• Publication Date: January 1, 1971
• Content Type: SUMMARY

OGC Has Keviewedelease 2002/05/17 :CIA-RDP73B00296R000400070001-0
The Executive Branch opposes 5-22531 This bill,
if enacted, would seriously undermine the effectiveness
of our security assistance programs.
Aside from raising Constitutional questions
that may restrict the President's authority to conduct
negotiations with other countries, 5.2253 would make it
impossible for recipients of security assistance to react
quickly in emergency situations. Given the rapidity
with which modern warfare is conducted, this restriction
could preclude governments receiving United States
security assistance from' effectively responding to
external attack. Moreover, there is always a great
risk in establishing criteria in anticipation of situations
in which friendly foreign governments might have to
conduct legitimate military operations beyond its borders..
If 5.2253 had been the law in June 1967, 'Israel would not.
have been able to launch military operations beyond her
borders for legitimate self-defense without the-prior
approval of the United States Congress.
The provision of defense articles or defense
services inescapably enables a government to finance
military operations outside its borders and hence falls.
tate Dept. review completed. On file OMB release instructions apply.
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within the term "by any means" contained in 5,2253.
Yet according to Section 502 of the Foreign Assistance
Act of 1961, as amended, a recipient nation may-use
military tni_ng and equipment provided by us for its
.legitimate self-defense. In short, 5.2253 would require
that recipients of foreign security assistance allow the
United States Congress to determine in advance what
steps they can take for their legitimate self-defense.
No nation with any sense of national sovereignty would
accept assistance under such conditions.
Secondly, 5.2253 would change that portion of
Section 502 of the Foreign Assistance Act of 1961, as
amended, which authorizes furnishing defense articles
and services "to permit the recl1ient country to partici-
pate in regional or collective arrangements or measures
consistent with the Charter of the United Nations,"
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rr This would have an adverse worldwide impact on
regional' security pacts. For example, under 5-2253, NATO
allies who receive United States security assistance
would be unable to undertake collective defense measures
outside their own borders, without the 'prior approval of -
the United States Congress, Similarly it taould' prohibit
joint training exercises' by friendly governments which
receive:United States security assistance, and finally,
,.this prohibition would require. that the Congress approve
all naval operations performed by the fortes of friendly
governments on the high seas prior to the time that these
operations take place. Such a restriction would make it
impossible for us to use security assistance programs as
an intrument to promote our national security..
.In Southeast Asia, for example, there is also no
question that the evolving cooperative relationships
betwe n the free nations of Indochina are consistent
with the Charter of the United Nations. There is also
no question that these cooperative arrangements are
crucial to the success of the Vietnamization program
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and to the whom thrust of the Nixon Doctrine. For the
Nixon Doctrine in Southeast Asia means that as friendly
nations assume more of the. direct burden of the conflict
we will increase our material assistance so as to help
them help each other in defending their countries against
a common enemy. US support for these cooperative efforts
is essential if they are to be successful.
The enactment of legislation like 5.2253 which would
restrict the use of United States security assistance in
effectively assisting friendly states to work cooperatively
together to meet a common threat seriously undermine the
Vietnamization program and increase the chances of a
North Vietnamese to Dover of all of Indochina.
Finally, Subsection (b) of Section '517. would require
the Executive Branch to disclose to the Congress detailed
plans for proposed military operations to be undertaken
by friendly foreign governments prior to launching these
operations which would pose unacceptable risks of a
security breach.
The Office of Management and Budget advises that
from the standpoint of the Administration's progran there
is no objection to the submission of this report.
Sincerely
Approved For ease 2002/05/lb: CIn-R P7 J~SS2?6R000400070001-0
RTGrey: csa Hl av re
7/29/71.
 FOLD HERE TO RETURN TO SENDER
FROM: NAME, ADDRESS AND PHONE NO, DATE
OGC 7/29/71
UNCLASSIFIED CONFIDENTIAL SECRET
Appr9Xg o. 4~1'a $;. i s -
1-67
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UNCLASSIFIED CONFIDENTIAL SECRET
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SIGNATURE
Remarks :
The attached is for your files.
Mr. Houston advised Robert Grey, Bureau
of Politico-Military Affairs, Office of
Military Assistance and Sales, Department
of State (101 22280) that we had no problem
with the attached draft. ,"
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