US-SOVIET MARITIME TALKS

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-20-1-10-6
• Release Decision: RIFLIM
• Original Classification: S
• Document Page Count: 11
• Document Creation Date: January 11, 2017
• Document Release Date: November 4, 2010
• Sequence Number: 10
• Publication Date: January 19, 1972
• Content Type: MEMO

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SECRET VERY URGENT ACTION
January 19, 1972
MEMORANDUM FOR. MR. KISSINGER
FROM: Et 1 ut Sonnenfeidt
SUBJECT:
US-Soviet Maritime Talks
As directed by NSDM 146 (Tab C), the Under Seeretaries Committee has
finally forwarded detailed negotiating instructions (Tab B) for the LS-;eoviet
maritime talks scheduled to begin on Jan.uary ZS (next Tuesday) in Washington.
The delay was due to a deadlock between State and Commerce. (See my
merno of January 14, Log *444)
While the instruction. forwarded for Presidential review Largely have been
cleared by the agencies, the White House is confronted with two unresolved
problems.
1) State cannot agree to language proposed by Commerce _oncoming a
possible mechanism to insure Soviet compliance with cargo-sharing arrange-
ments; and
2) Commerce believes that Assistant Secretary Gibson should chair the
US Delegation, while State, Defense and Transportation would have the
delegation chaired by State's Deputy Assistant Secretary Davies.
Further, State seeks White Rouse approval for a one-week delay in the talks
-- until February 1 -- to permit pre-negotiation consultations with the
Congress and our allies. During this Period, State would also make clear
to the Soviets in advance of the talks that we are not prepared to make con-
cessions on either port access or cargo carriage unless they are willing to
guarantee that US public vessels wilt be admitted to Soviet open ports on the
same basis as US private vessels.
National Flag Cargo Carriage. As you know, Gibson and ,....commerce have
Insisted that the US must press for a specific cargo sharing agreement as
part of the maritime talks. It is essential that US ships participate equally
NSS, DOS Reviews Completed.
ON FILE Commerce and Transportation Depts RELEASE
INSTRUCTIONS APPLY
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with Soviet ships, in VS-Soviet trade, if Gibson is to persuade the maritime
and longshoremen's unions to lift their Soviet boycotts at Gulf Gaeta, Last
.`?::oast and Great lakes ports. Based on analysis of past Soviet imple-
mentation of bilateral shipping agreements, Gibson further believes that
we_ must have an ironclad mechanism to keep the Soviets from cheating and
to ensure equal VS-Soviet participation,
There is agreement among the agencies to seek equal participation from the
Soviets, and as stated on page 30(d) of the negotiating instructions, there is
agreement that:
To implement this policy, especially where there are no parallel
direct services, it may be difficult to devise an effective meehaniim
which will ensure equal participation. We should examine this problem
with the Soviet side and seek an acceptable solution which can be dis-
cussed with the VS carrier and maritime labor interests involved. '
However, State disagrees with the following bracketted paragraph
30(d) proposed by Commerce, which is as follows:
U Page
11A e should not rely solely upon a periodic intergovernmental review,
ex post facto, of what the Soviets have been doing. There should be a
mechanism on our side for day-to-day monitoring of, or direct par-
ticipation in, the cargo-routing operation. The mechanism should
involve the private sector on our side and ehould be acceptable to the
US carriers involved. Implementation of the agreement should be
contingent on their approval.]
State is of the opinion, as is Transportation, that there are policy implications
An this paragraph which require clarification and further discussion among
interested agencies, and that the feasibility and practical effect of any such
proposal cannot be assessed until it is clarified. (it should be noted that
during USC consideration of the negotiating instructions Gibson was requested
to define his proposed mechanism more fully and he did not do so.) i do not
believe that this Issue can be properly resolved within the next few der", nor
do I think it is necessary to have it resolved. It should be remembered that
the January talks are intended to produce ad referendum understandings not
a formal government-to-government agreement. I suggest that any ad.
referendum understanding on National Flag Cnrgo Carriage reached during
the January talks should include language to the effeet that: 'Implementation
of the understanding will be contingent on agreement to be reached between
the two sides on an effective mechanism to ensure equal participation.
ECRET
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This would give the US the time it needs to produce internal agreement on
the specifics of a desired mechanism before we take It up with the Soviets
and move on to a formal agreement.
Chairman of the US Delegiktion. As noted above, Commerce wants Gibson
to chair the delegation; State, Defense and Transportation want Davies to
chair the delegation. Gibson argues that he negotiated the December shipping
protocol with Averin, who will chair the Soviet Delegation at the forthcoming
talks, there are important shipping (and labor issue.) which he is best
equipped to handle, and he is :orepetent to negotiate the port access and
public vessel issues for the US side. (He alio stilt alludes to a Presidential
mandate that only he has and the content of which apparently only he knows.)
State, supported by Defense, argues that the forthcoming talks should be
chaired by a State officer in view of the need to coordinate and reconcile
the various economic and national security intereets involved. With the
exception of the cargo sharing Issue discussed above, State has accom-
modated Commerce's concerns in the negotiating instructions.
It will be very important for the chief US negotiator to keep the defense
interests relating to port access and public vessels fully in mind throughout
the talks. State also cites its traditional responsibility for international
negotiations. I co tie to think it would beyreferable to back State in its
ciesi na.tion. of Dick Davies with the understanding that the White House
would Inform Gibson that it I. the President's desire that he participate in
e talks dealin with uret commercial
pr obi em D.
Delay of Talks to February 1. I reluctantly concur with State's recommen-
dation. We will need the added week if the US delegation is to be properly
prepared to handle the rather complex negotiating instructions and if desired
consultations with the Congress and our allies are to take place.
.;tate 'e Proyosed Talking Points. I do not believe the White House should
authorize State to deliver its -proposed talking points to the Soviets indicating
once again the Importance we attach to discussing both public and private
vessels at the talks. This may smell of ultimatum, and we have had indi-
cadons that the Soviets are prepared to discuss both public and private vessels.
If you agree with my recommendations regarding cargo sharing, the US
chairman, delay of the talks and States proposed talking points, the memo-
randum for your signature to the President at Tab A would review the impor-
tant issues and seek his approval of the attached memorandum to State. We
are running out of time on this one!
tCRT
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.RECOMMENDATION
I) That you sign the memorandum to the President at Tab A
2) With the President's approval, that you sign the memorandum to State.
ADC:bc
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LCR T ACTIO
MEMORANDUM FOR THE. PRESIDENT
FROM: HENRY A. KISSINGER
SUBJECT: LS-Soviet Maritime Talks
As directed by NSDN4 146, State has forwarded detailed negotiating
instructions for the US-Soviet maritime talks presently scheduled
to begin in Washington on January 25. As you may recall, Chairman
Kosygin and Ambassador 4)obrynin at different times last summer
expressed the interest of the Soviet Union in resolving outstanding
bilateral maritime issues with the US, and you wanted us to move
ahead.
The Soviets' interests are largely commercial -- i.e., gaining
improved access to US ports. LS interests, as revealed in the
Interagency study on this subject, are broader involving both national
security and economic aspects. We are interested in reaching agree-
ment on the sharing of cargo between US and Soviet ships in expanding
US-Soviet trade. At the same time, the United States must continue
essential port security practices.
At the December 22 meeting of the SRO, the proposed US agenda and
basic position for the talks were approved and the Under Secretaries
Committee was directed to develop the detailed negotiating instructions.
While the instructions forwarded for your review have Largely been
cleared by the agencies, there are two unresolved problems:
I) State and Commerce are in disagreement over language proposed
by Commerce regarding a possible mechanism to insure Soviet :om-
,liance with cargo sharing arrangements,
2) State. Defense and Transportation would have the delegation
chaired by Deputy Assietant Secretary of State Davies, while -:;ornmerce
recommends that Assistant Secretary of Commerce Gibson chair the
delegation.
SECRIt.T
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With regard to the cargo sharing issue, State and Transportation are
of the opinion that the mechanism envisaged by Commerce involves
important US policy considerations and requires clarification and
further diecussion among the interested agencies; this will take some
time. 4s all agencies are agreed on the desirability of identifying an
effective mechanism, the important consideration in the forthcoming
taike will be to ensure that any ad referendum understanding on the
cargo sharing issue provides that implementation of the understanding
will be contingent on agreement to be reached between the US and 1,..LY,'R
on an effective mechanism to ensure equal participation.
I can appreciate Commerce's desire to have Assistant Secretary Gibson
chair the US delegation. As you know, Mr. Gibson olayed an important
role in the recently concluded grain sale to the Soviets. However,
bearing in mind the breadth of US interests in these talks, interests
involving several agencies, and, in particular the security interests of
Defense, I recommend that you back the Department of State in its
designation of Deputy Assistant Secretary of State Davies to chair the
US delegation. Defense concurs with State on this issue. At the same
time, I believe it -would be appropriate for Assistant Secretary Gibson
to serve as the US spokesman on commercial shipping matters addressed
during the taiks.
State has also recommended that the talks be delayed for one week, until
February I. In my opinion this is a sound recommendation as it will
provide needed time for consultations with the Congress and our &Mei
prior to the talks.
With your approval, I will sign the memorandum to the Secretary of
State at Tab A, approving the negotiating instructions, subject to the
modifications outlined above, and approving the designation of the repre-
sentative of the Department of State as the Chairman of the US Delegation.
Approve Disapprove
ADClift:hc:1/ 19 / 72
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'T
MEMORANDUM FOR
THE SECRETARY OF STATIL
filiBJECT: LS-&oviet Maritime Talks
The President has reviewed the negotiating instructions for the forth-
coming US-Soviet maritime talks, and he has considered the issues
raised in the forwarding memorandum of January 19 from the Deputy
Under .,,ecretary of 'State for Economic Affairs.
The President has approved the negotiating instructions for the talks,
except as follows. With regard to that section of the instructions
addressing national flag cargo carriage, he has decided that any ad
referendum uncterstanding on this issue should include a provision to
the effect that Implementation of the understanding will be contingent
on agreement to be reached between the two sides on an effective mecha-
nism to ensure equal participation. The President has further directed
that the interested agencies develop recommendations as to an effective
mechanism to ensure such participation and that they forward such rec-
ommendations for his consideration as soon as possible after the talks.
The President has decided that the, LIS delegation shall be chaired by the
representative of the Secretary of Ettite and that the representative of
the becr e?tar y of Commerce shall serve as the US spokesman during
those phases of the talk* concerned with commercial shipping matters.
The President has approved the ecommendation that would delay the
start of the talks for one week, until February 1. However, instead of
delivering the proposed talking points as recommended in the January 19
memorandum of the Deputy Under Secretary of State for Economic
Affair., it has been decided that this matter should be raised with the
i-oviets at the start of the talks.
SECRET.
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The President has reaffirixicd the assignment in NSDM 144 of respon-
eibtlity to the NSC Under Secretaries Committee for backstopp rig the
talks.
Trtenry A. Kissinger
CC: The tecretary of ease
The 6ecretary of the Treasury
The Secretary of Commerce
The Attorney General
The Secretary of Transportation
bire.ctor, 'Central Intelligence Agency
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DEPUTY UNDER SECRETARY OF STATE
FOR ECONOMIC AFFAIRS
WASHINGTON
. January 19, 1972
MEMORANDUM FOR MR. HENRY A. KISSINGER
THE WHITE HOUSE
Subject: U.S.-Soviet Maritime Talks
This is in response to National Security Decision
Memorandum 146 of January 3, 1972, which directed
the Under Secretaries Committee to prepare detailed
negotiating instructions for U.S.-Soviet bilateral
maritime talks scheduled to begin on January 25 in
Washington.
Forwarded for Presidential review is the basic
negotiating instruction which has received general
inter-agency clearance. Revised Proposal #2*
("National Flag Cargo Carriage") has been agreed
by State and Commerce, except for the paragraph
in brackets concerning a possible mechanism to
insure Soviet compliance with cargo-sharing arrange-
ments. The Department of State has not accepted
the bracketed paragraph, which presents a new
Department of Commerce proposal apparently having
broad impact on the U.S. position as a whole and
requiring clarification and further discussion
among interested agencies. The feasibility and
practical effect of any such proposal cannot be
assessed until it is clarified.
State has designated a U.S. delegation composed
of representatives from State, Commerce, Defense
and Transportation, chaired by a State officer in
view of the need to coordinate and reconcile various
economic and national security interests involved.
No agency has objected to this except Commerce,
which believes that Assistant Secretary Gibson should
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*page 30(a)
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chair a delegation made up of his associates in the
Maritime Administration and one representative from
State. The Department of Defense supports State
chairmanship of the delegation and in any event
requests to be represented on the delegation. The
Soviets, on January 18, asked for a list of U.S.
delegates, and White House confirmation of State's
-chairmanship would be appreciated.
Because there have been major unresolved issues
among interested agencies in preparing the negotiating
plan, it has not been possible to consult with NATO
or with interested Congressional leaders. Moreover,
the Soviets themselves presumably now need time to
digest our draft agenda (delivered January 13) and
will need further time if our proposed talking points
are approved (see below), possibly to adjust the
composition of their delegation.
Therefore, a postponement seems desirable, and
we propose that it be brief. We suggest a one-week
delay, until February 1.
According to the recommended negotiating plan
(Page 5), we do not intend to make concessions to
the Soviets on either of the two major issues, port
access and cargo carriage arrangements, unless they
are willing to guarantee that U.S. public vessels
(excluding warships) will be admitted to Soviet open
ports on the same basis as private U.S. vessels.
If the Soviets are unwilling to concede this point,
therefore, we would not be in a position to negotiate
on the other issues at stake. For this reason, we
believe it would be advisable to make this point
clear to the Soviets in advance of the talks, in
order to avoid the possibility of having to break
off the talks on the issue of public vessel port
entry. We have therefore appended proposed talking
points which we would convey to the Soviet Embassy
in Washington, and have our Embassy in Moscow convey
to the Soviet Ministry of Foreign Affairs in Moscow.
Approval of this step, and of the talking points,
is requested.
NiETAtifel
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Nitholaimum IP IP
NATIONAL SECURITY COUNCIL
National Security Decision Memorandum
TO:
The Secretary of State
The Secretary of Defense
The Secretary of the Treasury
The Secretary of Commerce
The Attorney General
The Secretary of Transportation
SUBJECT: U.S.-Soviet Maritime Talks
The President has considered the issues discussed by the Senior_Review
Group at its meeting of December 22 together with the recommended
negotiating position prepared by the Interagency Working Group on U.S. -
Soviet Maritime Talks.
The President has approved the suggested agenda for the talks as set
forth in the interagency paper, and he has directed that the Under Secretaries
Committee be responsible for backstopping the talks. In this connection,
the Under Secretaries Committee is requested to prepare the detailed
negotiating instructions for the talks based on the suggested agenda. In,
preparing these instructions, the Under Secretaries Committee should
take into account that:
? named U.S. ports open for calls by Soviet vessels should
be open on the basis of 96-hours advance notification;
? the U.S. objective at the talks should be the development
of ad-referendum understandings based on discussion of the
issues contained in the proposed U.S. agenda.
The Under Secretaries Committee is requested to forward the detailed
negotiating instructions for review by the President no later than
January 10, 1972.
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Th
Henry A. Kissinger
cc: Director, Central Intelligence Agency
Chairmaniels_o_t_Staff
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