REPORT OF THE US DELEGATION TO THE NEW YORK SESSION OF THE THIRD UNITED NATIONS CONFERENCE ON THE LAW OF THE SEA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82S00697R000400120011-1
• Release Decision: RIFPUB
• Original Classification: S
• Document Page Count: 8
• Document Creation Date: December 15, 2016
• Document Release Date: November 26, 2003
• Sequence Number: 11
• Publication Date: May 26, 1976
• Content Type: REPORT

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NSC UNDER SECRETARIES COMMITTEE
SECRET
NSC--UTDVI-?109K
May 26, 1976
TO. The Deputy Secretary of Defense
The Assistant to the President for
National Security Affairs
The Director of Central intelligence
The Chairman of the Joint Chiefs of Staff
The Deputy Secretary of the Treasury
The Deputy Attorney General
The Under Secretary of Commerce
The Under S ec.-rctary of the I ra.terior..
The Under Secretary of Transportation
The Director, Office of r ariagement and
Budget-
The Chairman, Council on Environmental
Quality
The Director, National Science Foundation
The Chairman, Council of. Economic Advisers
The Administrator, Environmental.. Protection
Agency
The Director, United States Information
Agency
The Administrator, Federal E:eergy
Aclmi.ni stra.tion
The Director, Agency for International
Development
The Acting Executive Director, Council on
International Economic Policy
SUBJECT Report of the US Delegation to the New
York Session of the Third United Nations
Conference on the L?a~v of the Sea
The Acting Chairman has forwarded the attached
memorandum to the President. A copy is provided for
your information.
State Department review completed.
Referral to NSC not required.
SECRET
GDS _..~
Acting Staff Director
utherforcl'}M. Poat
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DEPARTMENT OF STATE
WASHINGTON
NSC UNDER SECRETARIES COMMITTEE
NSC-?U/DM-109K May 26, 1976
MEMORA.E.DUM FOR TIIE PRESIDENT
Subject: Report of the US Delegation to the
New York Session of the Third United
Nations Conference on the Law of the Sea
The March 15 - May 7 New York session of the Law of the
Sea Conference concluded with the issuance by the Conference
leadership of a. revised Single Negotiating Text (SNT) which
for the first time included dispute settlement as an integral
part of the text. The articles treating navigation and over-
flight, living resources, and marine pollution reflect, in
most respects, widespread Conference review and a clear emerg-
ing consensus. Most of the articles on deep seabeds were
proposed in a. small group. The articles on scientific research
and dispute settlement, howw.rever, reflect the personal views of
the different Chairmen, and, therefore, do not reflect the
negotiating process to the same degree as do the others.
The session, unlike previous sessions of the Conference,
was significant in that, the increased spirit of accommodation,
coupled with serious negotiation on the part of the majorities
of both developed and developing countries, prevailed. This
atmosphere was in no s..all part due to the speech of the
Secretary of State in New York on April. 8, which stressed the
urgency the United States and other countries attached to the
spring session. The speech provided the ground work for agree-
ment on realistic proposals meeting the legitimate concerns of
both the developed and the developing world. The Secretary's
proposals, aimed at bridging the ap in positions, were to a
large degree incorporated in the revised text on the deep seabed.
The Conference agreed on a summer session in New York from
August 2 - September 17, after considerable US lobbying with
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the African group. This session is important in maintaining a
sense of momentum and is vital. if we are to get a treaty by.
mid-1977.
Our current assessment is that, given the relative brevity
of the next session and the number and complexity of remaining
issues, our optimum objective for the session will be substan-
tive agreement on the contents of a treaty acceptable to us.
The drafting committee would meet later to prepare a final text,
followed by a further session for formal. voting, and then a
short ceremonial session to sign the treaty in Caracas in the
first quarter of 1971'. Should some substantive issues remain
from the summer session, a further meeting could be called in
early 1.977, while still. keeping to the Caracas signature goal.
of the first quarter of 1977. Should this be the case, it is
more likely that signature would not occur until later in the
spring or summer of 1977.
The NSC Interagency Task Force on the Law of the Sea is
now examining in detail the present SNT, and we will be review-
ing our positions in preparation for the next session. If
required, we will send to you recommendations for new instruc-
t-ions before that session. We hope to complete most of this
review within the next several weeks, since we need to proceed
with intersessio.lal discussions and negotiations which must
commence by mid-July to help achieve our objectives at the
next session.
Attached, as called for by NSDM 320, is a report prepared
by Ambassador T. Vincent Learson, your Special Representative
for the Law of the Sea Conference. Also attached are the
reports of the Delegation to the New York session of the Confer
orne and the revised SNT.
Joseph J. Sisco
Acting Chairman
Attachments: Report of the Special Representative
of the President .
Classified Delegation Summary Report
Unclassified Delegation Report
Revised Single Negotiating Text.
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MEMORANDUM FOR THE PRESIDENT
REPORT ON THE NEW YORK SESSION OF
I. Summary
We are now proceeding to examine in detail the
new Single Negotiating Text that emerged from the
New York LOS session and to develop our basic
strategy. Thus this paper presents a preliminary
assessment subject to revision. Our immediate
objectives are to : 1) immediately review the new
SNT and proceed to achieve agreement within the
USG as to issues which require further major
negotiating efforts; 2) determine whether new
instructions might be needed; and 3) develop the
best strategy for a successful second session now
scheduled to be held in New York from August 2nd
to September 17th.
We will need to develop in detail a comprehensive
negotiating strategy for ',:.-he inter. sessional period
and for the summer session. A sustained, maximal
effort will be necessary during the next few months
if we are to achieve major breakthroughs during the
next session and achieve our objective of substantive
agreement on an LOS Treaty.
II. Basic Assessment of New York Session
The main achievements of the New York session are:
-- Significant movement towards our position in
the Committee I (deep seabeds) text from the previous
wholly unacceptable Geneva version.
-- Retention of generally satisfactory Committee II
(Straits and Navigation) provisions with some useful
changes on straits, tuna and'-archipelagoes.
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Satisfactory provisions on marine pollution.
--- Retention of a dispute settlement text and
its emergence as an official major item in the
Conference negotiations.
--- Agreement on a second substantive session
in New York, August 2- September. 17.
-- Finally, and perhaps most importantly, a
sense among many delegations, indicated by the
LDC; agreement for a second session, that there has
been some significant movement in the negotiations
and that the necessary compromises are imminent.
The main elements on the negative side care:
-- The Committee I text, while an improvement,
clearly still is unsatisfactory from our viewpoint
on a number of items. (The key parts on decision-
tpak:inc3 remain as in the Geneva text, and have not
yet even been negotiated, let. alone resolved.)
-? The LDCs as s-a whole are unhappy with the
seabed mining text, and believe it only reflects
industrialized country views --- thus the real
possibility exists that they will insist the text
be revised in their_ direction leading to a major
conflict in the next session.
--- The continuation in the present text of the
legal status of the 200--mile Economic Zone as being
"non-high seas", with potential problems for our
security interests.
-- It will be difficult to improve the scientific
research text under which coastal states consent is
required for all scientific research in the Economic
Zone, but may not be withheld for non-resource
related research under specified conditions.
Moreoever, we face attempts by others to increase
coastal state discretion in this regard.
-- Dispute settlement articles are less helpful
in protecting our interests in fisheries and
scientific research in the Economic Zone.
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-- The undesired Dependent Areas article
remained in the text but in such a way as to
diminish its status (See Annex) .
On balance, the New York session produced
important results from our viewpoint without yet
obtaining all of the necessary basic compromises
of positions which would make the treaty as a whole
satisfactory and ratifiable. It did, however,
considerably narrow differences and provide a sense,
which we must foster, that the next session will
achieve the basic overall agreement on outstanding
issues.
iii . Basic Intersessional Strategy
The immediate objectives for the NSC Interagency
LOS Task Force are:
A) develop a unified administration position
on all outstanding 7_ssues;
13) develop a basic international strategy for
the USG for the r. ermaining interscssional
period and the Conference itself; and
C) assure Congressional arid public understanding
and support for our objectives.
Our preliminary views on an effective strategy
in each problem area are:
Metcalf Bill on Deep Sea Mining
An early priority upon us is to prevent passage
of the proposed seabed mining bill which is now
being considered in Congress. The Administration
has presented a uniform position before Congress
recommending at the very least no action be taken on
passage until after the close of the summer session.
Administration Agreement on Policy and Revised
Instructions
We-are now undertaking a comprehensive and
detailed analysis of the new Single Negotiating
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Text (SNT). From this review, we will be able to
pin-point problem areas and to propose remedies.
Seabed mining issues will play a prominent role
in this review and may face us with some difficult
decisions, particularly if we conclude that we
will be unable to achieve optimum results in this
area.
Intersessional Negotiations
Once. we decide where we want to go substantively,
we will develop a detailed intersessional negotiating
strategy aimed at obtaining support from :i-oreign
governments..; For example, we have planned a meeting
with the Group of 5 (France, Japan, UK, Soviet Union.,
and ourselves) . We would also wish to touch base
with the Committee I Secret Brazil Group, among others.
T. Vincent earson
Special Representative of the President
for the Law of the Sea Conference
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(DEPENDENT AREAS ("ARTICLE'136" )
Article 1.36 of the Geneva text provides that
resource rights of territories under foreign
occupation or colonial domination, UN Trust
Territories, and Areas administered by the UN,
vest in the inhabitants of such areas to be
exercised by them for -their own benefit. The
U.S. opposed the text, and to accommodate
concerns of the Governor of Puerto Rico, proposed
a new article that adds associated states,
territories and commonwealths not fully
independent to the list, and provides that
coastal State resources rights in the areas
referred to are to be exercised for the benefit
of local inhabitants as prescribed by the UN
Charter, international law, and applicable
agreements. Cuba attacked the U.S. amendment
because of the intent to expressly cover Puerto
Rico, thus eliminating the colon.ial domination
and foreign occupation argument with respect to
Puerto Rico. Meanwhile, Arab States proposed
adding territories of liberation movements
recognized by the OAU or the Arab League to the
original text. Previously, Israel made a strong
private demarche to us against the entire article.
Article 136 remained in the revised text, with only
a change in a provision of lesser importance to us.
However, it is now designated as a "transitional
provision", not a numbered treaty article; and its
propriety is .implicitly questioned in the Chairman's
introductory note. While we cannot feel entirely
confident of the outcome, the stage is set to
delete the article and place the issue either in
the preamble to the treaty or in a Conference
resolution.
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