1982 AGREEMENT WITH SPAIN

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85M00364R000400530058-0
• Release Decision: RIFPUB
• Original Classification: C
• Document Page Count: 2
• Document Creation Date: December 22, 2016
• Document Release Date: November 19, 2010
• Sequence Number: 58
• Publication Date: November 3, 1982
• Content Type: REPORT

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1982 AGREEMENT WITH SPAIN
General Objectives. Our minimum objective in the 1981-82
base negotiations with Spain, which we achieved, was to retain
all existing activities in Spain; however, our maximum objec-
tive, the resumption of at least some of the operational flex-
ibility enjoyed prior to the 1976 treaty, eluded us--at least
in terms of the new agreement's language. Some resumed flexi-
bility may come with time as Spain gains familiarity with NATO,
though Spain's perceived interests in the Middle East and the
Third World make this doubtful. A further objective, success-
fully achieved, was the discontinuance of grant aid and multi-
year security assistance commitments.
General Operating Rights and Flexibility of Use. The new
agreement retains existing US access to Spanish bases and gen-
erally preserves the (restrictive) status quo for US operations.
An advance in the new agreement is the authorization for the
basing of 20 tanker aircraft in Spain, in place of the former
limitation of 5. The new agreement contains language which ex-
plicitly recognizes Spain's full sovereignty and control over
its territory and airspace and stipulates that US use of the
Spanish bases will be in conformity with those stated princi-
ples of sovereignty and control. The 1976 treaty did not con-
tain similar language. The US made it clear that this language
cannot be interpreted to condition authorizations specifically
granted elsewhere in the agreement.
Out-of-Area Transits/Overflights. Unlike the 1976 treaty, the
new agreement explicitly provides that we will seek the "prior
authorization of the Government of Spain" for any use of the
bases which go beyond "the bilateral or multilateral scope" of
the agreement--a phrase which we interpret broadly. US transit
rights to non-NATO destinations were a key and greatly con-
tested issue in the negotiations. Although the 1976 treaty did
not contain a specific requirement for prior authorization in
these cases, the US had sought prior GOS approval for transits
to destinations considered sensitive by the Spanish government.
Nuclear Overflights. Although the agreement merely says
that nuclear and other special weapons may be introduced onto
Spanish soil only with the consent of both parties to the
agreement, the Spaniards also sought in association with the
agreement our public recognition that we do not overfly Spain
with nuclear weapons (a practice stemming from the palomares
nuclear accident in the early 60's). In the closing days of
the negotiations, the US decided to accede to this demand in
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CONFIDENTIAL
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the form of a public exchange of letters in which each govern-
ment reiterates current policy. The Spanish letter stated the
policy of the Spanish government not to permit the overflight
of its territory with nuclear weapons, while the US letter re-
sponded by noting our intention to respect fully the policies
of the Spanish government.
SOFA. Several favorable changes were also made in the
status of forces agreement, the most important involving trials
of US servicemen. Under the 1976 treaty, long delays in bring-
ing accused t1S servicemen to trial had become a serious problem.
Inadequate judicial facilities, especially in southern Spain,
had resulted in lengthy (2-4 years) pretrial detentions. Un-
der the new agreement, if Spanish judicial proceedings invol-
ving US servicemen are not completed within one year, US mili-
tary authorities have no subsequent responsibility to produce
servicemen for trial in Spain and such servicemen may be freely
reassigned outside Spain.
11/3/82
9A/B14-15
CONFIDENTIAL
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