Memorandum From the Under Secretary of State for Security Assistance (Maw): ACDA's Role in Decisions Concerning Provision of Defense Articles and Services, February 17, 19761

BACKGROUND

As part of Public Law 94-141 (Foreign Relations Authorization Act, Fiscal Year 1976), Congress amended the Mutual Security Act of 1954 by adding to the end of Section 414 the following:

(f) Decisions on issuing licenses for the export of articles on the United States munitions list shall be made in coordination with the Director of the United States Arms Control and Disarmament Agency and shall take into account the Director's opinion as to whether the export of an article will contribute to an arms race, or increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control arrangements.

The same law also amended the Foreign Military Sales Act by stipulating in Section 42 that:

in evaluating any sale proposed to be made pursuant to this Act, there shall be taken into consideration. (3) in coordination with the Director of the United States Arms Control and Disarmament Agency, the Director's opinion as to the extent to which such sale might contribute to an arms race, or increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control arrangements.

Section 511 of the Foreign Assistance Act of 1961 was also amended to require that decisions to furnish military assistance shall be made in coordination with the Director of ACDA and shall take into account his opinions in the same three areas.

In part, these new legal requirements codify existing arrangements. However, new processes must be established to be fully responsive to the new provisions. I would therefore appreciate it if the following procedures were made effective immediately.

COMMERCIAL SALES

(1) All requests for munition control licenses, which fall in the categories of transfers in which ACDA has indicated an interest (see attachment 3), are to be forwarded to ACDA by PM/MC for review at the same time they are referred to other areas of the Executive Branch.

(2) Any ACDA recommendations for denial or limitation of an export license will be accompanied by a brief statement supporting ACDA's conclusions. These statements, along with the license appli

1ACDA files. The memorandum was addressed to the heads of the various offices concerned in the State Department. Copies were also sent to the National Security Council, the Office of Management and Budget, and the Defense Security Agency in the Department of Defense.

cation and the views of other participating organizations will be brought to the attention of the appropriate Deputy Director of the Bureau of Politico-Military Affairs (PM) as required. ACDA will be informed of the final disposition of the cases involved.

(3) In order to permit ACDA to maintain a current picture of the totality of MC transactions, copies of reports submitted to Congress under Section 414(e) of the Mutual Security Act will be provided to ACDA by PM/MC at the same time they are forwarded to Congress. ACDA is also to receive any other reports concerning commercial sales that may be required from the Executive Branch by future legislation.

(4) From ACDA's analysis of the reports, there may be, from time to time, a revision of categories in which ACDA is interested. The decision on which MC license applications are to be reviewed will rest with ACDA.

FMS CASH SALES

(1) All draft congressional notifications under Section 36 (b) of the Foreign Military Sales Act will be submitted to ACDA by PM/SAS for review prior to their submission to Congress. Any ACDA recommendations against submission to Congress or any ACDA recommendations for changes in the transaction proposed in the draft notification will be brought to the attention of the appropriate Deputy Director of PM.

(2) Although many FMS sales require specific State Department concurrence prior to their realization, State has delegated authority to the Department of Defense to implement certain classes of FMS cash sales without specific State clearance. Requests for FMS cash sales which State reviews are to be forwarded to ACDA for review. In addition, PM in conjunction with ACDA is requested on an urgent basis to initiate discussions with DOD to develop a process which will permit ACDA to review all other FMS cash sales in which it may have an interest. The potential areas of interest are indicated in the attachment. The conclusions of these discussions are to be reported to me.

(3) PM will insure that ACDA receives copies of the quarterly reports now submitted under Section 36(a) of the FMSA and copies of any other reports concerning Foreign Military Sales that may be required of the Executive Branch by future legislation.

TRANSFERS INVOLVING APPROPRIATED FUNDS

(1) ACDA now participates in the deliberations of the SAPRC and its working group. This will continue in order to permit ACDA to render its opinion on the levels of assistance contemplated and to provide a preliminary judgment, based on data available, concerning the program content (i.e., hardware and services) envisioned.

(2) Upon receipt from DOD of the FMS country credit justifications, PM/SAS will forward copies to ACDA and include ACDA's views on the documents forwarded to me for final approval of the proposed credit.

(3) Since the Department does not currently impose similar controls over the transfer of defense articles and services funded by MAP, PM in conjunction with ACDA, is requested to enter into discussions with DOD as soon as possible to establish a process which will permit ACDA to review MAP transactions of interest to it. The conclusions of these discussions are to be reported to me.

(4) PM will clear with ACDA any State or State/DOD messages sent to the field concerning the magnitude and composition of security assistance programs.

MISCELLANEOUS PROGRAMS

(1) The current arrangement which requires DOD/DSAA to circulate for clearance to State and ACDA any proposed ship transfer will continue.

(2) PM/SAS, upon receipt from DOD, will circulate to ACDA and other interested organizations lists of Excess Defense Articles (EDA) which are proposed for allocation to other countries. These EDA lists will be circulated under a clearance form which will provide a permanent record of the positions taken by the various organizations.

(3) Third-party transfer (i.e., defense articles and services which originate from the U.S. and are being proposed for transfer to a third country) proposals will be cleared with ACDA. Any objections or limitations proposed by ACDA will be brought to the attention of the appropriate Deputy Director of PM.

GENERAL COMMENTS

(1) I recognize that in order to be in conformity with the spirit of the new legislation, it is incumbent on the Department to involve ACDA in issues concerning the provision of defense articles and services at the earliest possible moment in the decision making process. The requirements outlined in this memorandum are the essential minimal ones. It is difficult to generalize about all transactions because they will vary widely from case to case. I urge however that we be mindful of ACDA's legitimate interests and that we involve that agency in the deliberations as early as possible. I would appreciate it if you would issue appropriate guidance to your Country Directors.

(2) Beyond the question of specific transactions, I believe it would be useful to include ACDA, whenever feasible, in any studies or papers addressing policy or procedural matters significantly affecting the provision of defense articles and services. Since ACDA's participation will be of limited utility if it does not have adequate information,

I would encourage you to share as many communications with ACDA as possible, recognizing that there will be matters of sensitivity on which dissemination will have to be limited.

(3) It is recognized that the effectiveness of these procedures will depend in large part on ACDA's prompt response. ACDA has assured me that it will provide under normal circumstances its views within two weeks for FMS cash sales and twenty working days for commercial sales. If prompter action is required, PM will advise ACDA of the requirement. If ACDA requires a longer period on any specific transaction, it will also advise PM.

(4) Finally, I request PM to report to me periodically on the procedures established by this memorandum so that they may be reviewed and revised as necessary.

Statement by the Soviet Representative (Roshchin) to the Conference of the Committee on Disarmament [Extract], February 17, 19761

The questions of disarmament which the Committee on Disarmament will have to consider at the spring session starting to-day occupy an important place in international life. This is also confirmed by the results of the work done last autumn at the thirtieth session of the United Nations General Assembly, which devoted much attention to these questions. A broad range of disarmament problems was discussed at the General Assembly session, and this was indicative of the concern felt by States and peoples over the continued arms race, including the nuclear weapons race.

The Soviet Union is making great efforts to solve the problems of putting an end to the arms race and reaching international agreements in this field. In pursuit of this objective, the USSR submitted at the thirtieth session of the General Assembly an important proposalto prohibit the development and manufacture of new types of weapons of mass destruction and of new systems of such weapons. Under this proposal States, and above all the big Powers, possessing scientific and technological potential to develop new types and systems of weapons of mass destruction, should erect an insurmountable international barrier to the development and manufacture of such types of weapons. Being aimed against the most dangerous aspect of the arms race—its qualitative aspect-the proposal was widely supported at the General Assembly. It is a matter of record that 112 Member States of the United Nations voted for it. The General Assembly considered it necessary to take effective steps for the prohibition of new types and systems of weapons of mass destruction. It requested the

1 CCD/PV.688, pp. 14-20.

For text, see Documents on Disarmament, 1975, pp. 479–482.

Committee on Disarmament to proceed as soon as possible, with the assistance of qualified governmental experts, to work out the text of an agreement on the question and to submit a report on the results achieved for consideration by the General Assembly at its thirty-first session.3

It is the task of the Committee on Disarmament in this connexion to work out and negotiate the text of an international agreement on the matter, which would provide for the obligation of the Parties not to develop or manufacture new types and new systems of weapons of mass destruction, or assist or encourage any activities to that end.

It should be noted that, in spite of the agreements already reached on a bilateral and multilateral basis to curb the arms race in certain directions, the risk of a further build-up in arms persists. Recent scientific discoveries attest to the continued progress both in the peaceful uses of scientific and technological achievements and in the creation of the prerequisites for their use for military purposes. Research and development on new types of weapons and their introduction in the arsenals of States are consuming enormous resources which could be channelled to peaceful productive purposes-raising the level of living of the peoples, the development of education, and of public health services, etc. The present world research and development expenditure on new types and systems of weapons amounts to 25 billion dollars, or almost half the total sum spent in the world on research and development in all fields.

The development of new types and systems of weapons of mass destruction must be brought to an end by the erection of an insurmountable barrier in their way. And this must be done now. It is a well-known fact that it is harder to eliminate from the arsenals of States types of weapons already in their possession than to prohibit the development and manufacture of means of warfare which are either non-existent at present or are only at the stage of research and experimentation.

The setting up of a barrier to the emergence and development of new types of weapons of mass destruction, possibly even more pernicious and devastating than nuclear weapons, would be a means of solving one of today's important tasks. Mankind would be saved from the dangers inherent in the use of scientific progress to the detriment of people, its use for the development of new, still more powerful means of warfare than those existing now. In the absence of limitations effectively blocking the way to such use of scientific and technological achievements, the danger is growing increasingly real that new types and systems of weapons of mass destruction with a tremendous power of devastation and annihilation will appear in the future.

The Soviet Union deems it necessary to work out and conclude in good time, already now, an appropriate international agreement prohibiting the development and manufacture of new types and systems

G. A. res. 3479 (XXX), Dec. 11, 1975; see ibid., pp. 798–803.