NEED FOR LONG-RANGE THINKING IN LAW-OF-THE SEA NEGOTIATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP08C01297R000700080005-4
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 4
• Document Creation Date: December 27, 2016
• Document Release Date: September 26, 2012
• Sequence Number: 5
• Publication Date: December 1, 1969
• Content Type: CABLE

Declassified in Part - Sanitized Copy Approved for Release 2012/12/12 : elA-RDP08C01297R000700080005-4
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0- 2316082 DEC 69 ,
'FM AMENBASSY
TO SECSTATE WASHDC. 7916
106 AMEMBASSY LIMA
AMENISASSY MEXICO CITY
AMENBASSY SANTIAGO
AFKONgUL GUAYAQUIL
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--tu-ii-r-1-7T7E-It-t-f-4-6-SECTION-1 OF 2 QUITO 5757
MEXICO CITY FOR FISHERIES ATTACHE
SUBJECT: NEED FOR LONG-RANGE THINKING IN LAW-OF-THE SEA
NEGOTIATIONS
1. THERE IS EVERY REASON TO BELIEVE CEP, AND POSSIBLY
OTHER SOUTK AMERICAN COUNTRIES, DO NOT INTEND TO ALTER
THEIR JURIDICAL CLAIMS TO A 200-MILE ZONE OF TERRITORIAL
SOVEREIGNTY. IT IS POSSIBLE THAT BECAUSE OF OUR DESIRE
TO PREVENT TUNA BOAT SEIZURES WHICH WERE POISONING OUR
RELATIONS WITH CEP COUNTRIES, U.S. HURRIED INTO FISH-
ERIES NEGOTIATIONS AND INTO A FOuR-POWER FISHERIES
CONFERENCE IN BUENOS AIRES WITHOUT GIVING SUFFICIENT
PRIOR THOUGHT TO THE INTERRELATIONSHIPS OF FISHERIES
PRO4EMS WITH LAW-OF-THE-SEA REQUIREMENTS AND .WITHOUT
SUFFICIENT DEFINITION OF AND AGREEMENT ON BY U.S. AGENCIES
OF 00 LONG-TERM GOAL aN MARITIME ISSUES. NO DOUBT
FISHElY NEGOTIATIONS AND THE B.A. CONFERENCE HAVE HAD A
SALUTARY EFFECT IN HELPING TO "KEEP THE LID" ON WHILE
TALKS WERE CONTINUING. HOWEVER, IT IS NOW POSSIBLE THAT
FURTHER FISHERIES CONFERENCES MAY BOG DOWN ON TWO POINTS--
FIRST, OUR INABILITY TO ACCEPT GOVT-TO-GOVT LICENSING
Declassified in Part - Sanitized Copy Approved for Release 2012/12/12 : CIA-RDP08C01297R000700080005-4
Declassified in Part - Sanitized Copy Approved for Release 2012/12/12 : CIA-RDP08C01297R000700080005-4
CABLE SECRETARIAT MEM BY
FILE. OW.
Ikpartment of State
TELEGRAM
CONFIDENTIAL
PAGE 02 QUITO 05757 ,?,01 OF 02 231653Z
WITHOUT CAUSING DE FACTO ACCEPTANCE OF 200-MILE SOV-
EREIGNTY AND, MORE IMPORTANTLY, OUR INABILITY TO GRANT
TYPE OF TARIFF CONCESSIONS DESIRED BY CEP.
2. I SUGGEST THAT WE SROULt LOOK FORWARD A DECADE Oh
MORE AND TRY TO DETERMINE WHAT LAW-OF-THE-SEA PROBLEMS
MIGHT LOOK LIKE AT THAT FUTURE DATE, GIVEN THE RAPID
ACCELERATION OF INTERNATIONAL COOPERATION BY ALL
COUNTRIES OF THE WORLD, INCLUDING THE NEED FOR ACCOMMO-
DATION To FREE PASSAGE OF INTERNATIONAL TRAFFIC, BOTH
ON THE SEA, UNDER THE SEA, AND IN THE AIR ABOVE, AND
NOT LEAST, AN UNDERSTANDING OF THE POTENTIAL PACE OF
SCIENTIFIC ACHIEVENENT IN THE NEXT DECADE. MY SUGGES-
TIONS FOR A SOLUTION TO LAW-OF-THE-SEA PROBLEMS ARE BASED
ON ACCEPTANCE OF CERTAIN LONG-TERM ASSUMPTIONS.
ACCEPTANCE OF THESE ASSUMPTIONS REQUIRES NOT ONLY AGREE-
MENT WITH THE FOREGOING, BUT ALSO AGREEMENT THAT THE
FREgSuRE OF WORLD OPINION, WHICH HAS SO EFFECTIVELY
CONTROLLED THE DANGER OF NUCLEAR WAR, WILL, IN THE NEAR
fUTURE, FORCE-THE CONTROL AND CHANNELIZATION OF INTER-
NATIONAL TRANSPORTATION AND COMMUNICATIONS SO THAT THEY
WILL BE USED FOR THE GOOD OF ALL MANKIND. THE ASSUMP-
TIONS ARE:
A) THAT IN CASE OF-WAR, NO COUNTRY WILL BE ALLOWED
TO CLOSE ANY INTERNATIONAL STRAIT OR OTHER WATER PASSAGE,
THUS:-DENYING.ACCESS TO INTERNATIONAL TRAFFIC.
THAT INTERNATIONAL AIR TRAFFIC OVER SEA AND.
IANDWILL BE OPEN TO ALL FORMS OF AIR VEHICLES, WITH
THE ONLY LIMITATIONS EXERCISED THROUGH TRAFFIC CONTROL,
AND.'Sali TRAFFIC CONTROL WILL BE REGULATED THROUGH
AUSI3ROMULGATED STAN INTERNATIONAL GOVERNING BODY.
C) THAT UNLESS SOME NEW PRACTICAL SOLUTION, DIS
SIMILAR TO WHAT WE HAVE OFFERED T0'.DATE, IS FOUND AND
ACCEPTED, THE MARITIME COUNTRIES iILL EXTEND CLAIMS;
FURTHER; AND FURTHER SEAWARD., SPURRED ON .BY SCIENTIFIC:
AND TECHNOLOGICAL ADVANCES .WHICH WILL MAKE IT EASIER TO
REAP THE ECONOMIC HARVEST OF THE OCEN WATER AND THE
OCEAN BED.
SESSIONS
CONFIDENTIAL
Declassified in Part - Sanitized Copy Approved for Release 2012/12/12 : CIA-RDP08C01297R000700080005-4
Declassified in Part - Sanitized Copy Approved for Release 2012/12/12 : CIA-RDP08C01297R000700080005-4
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PAGE 01 QUITO 05 75 7 02 OF 02 2 3 165 8Z
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H-02 INR- 07 N SAE- 00
USIA- 12 E'15 DOT 12
R 231608Z DEC 69
FM AMEMBASSY QUITO
TO SECSTATE WASHDC 7917
INFO AMEMBASSY LIMA
AMEMBASSY MEXICO CITY
AMEMBASSY SANT IAGO
AMCONSUL GUAYAQUIL
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INT-06 CIAE-00 DODE- 00 R'1-05
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CONFIDENT IALSECTION 2 OF 2 QUITO 5757
3. AS A SOL UT ION IN PRINCIPLE TO THIS DEEPENING MORASS,
I SUGGEST THE FOLLOWING APPROACH:
..?
A) THAT ALL COUNTRIES DROP ALL TERR ITORIAL SOV-
EREIGNT Y CLAIMS OVER OCEAN WATERS AND ACCEPT INSTEAD
A FISCAL JURISDICTIONAL AREA WHICH WOULD EXTEND "X"
NUMBER OF MILES OUT INTO THE OCEAN* THIS "X" DISTANCE
WOULD BE DETERMINED BY NEGOTIATION AND MIGHT BE ANYWHERE
FROM 12 TO 200 MILES. EACH MARITIME COUNTRY WOULD HAVE
OWNERSHIP OF ALL THE ECONOMIC BENEFITS OF THE HARVEST
WHICH COULD BE REAPED FROM ITS CONTIGUOUS WATERS AND
SEABED, AND NO CONTROL OF ENTRY AND PASSAGE OVER OR
UNDER THESE WATERS. THESE PASSAGE CONTROLS WOULD BE
SET BY INTERNATIONAL AGREEMENT. ECUADOR, FOR INSTANCE,
IN ITS FISCAL JURISDICTIONAL WATERS WOULD HAVE THE
RIGHT TO REGISTER AND LICENSE ALL FOREIGN FISHING BOATS.
B) COUNTRIES WHICH, BECAUSE OF THE NARROWNESS OF
WATER SEPARATING THEIR SHORES, SUCH AS THOSE BORDER
ON STRAITS, WOULD HAVE JUR ISD ICIT IONAL FISCAL CONTROL
TO THE MEDIAN LINE OF THE STRAITS. ?
CONFIDENTIAL
Declassified in Part - Sanitized Copy Approved for Release 2012/12/12 : CIA-RDP08C01297R000700080005-4
Declassified in Part - Sanitized Copy Approved for Release 2012/12/12 : CIA-RDP08C01297R000700080005-4
CABLE SECRETARIAT DISSEM
epartment of State TELEGRAM
PER # TOTAL COPIES:
FILE, RF,
CONFIDENT IAL
PAGE 02 QUITO 05:75 7 02 OF 02 23 165 8Z
C) BEYOND THE FIXED JURISDICTIONAL AREA, SAY 200
MILES, THE FISCAL OWNERSHIP CONTROL WOULD REST IN AN
INTERNATIONAL BODY AND THE ECONOMIC HARVEST REAPED
FROM THE DEEPER OCEAN WATERS AND OCEAN BED WOULD BE
APPORTIONED ON AN EQUITABLE BASIS TO ALL COUNTRIES OF
THE.WORLD, WITH..PERHAPS ADDITIONAL SHARES GOING TO T HOSE
COUNTRIES WHICH ARE LANDLOCKED.
D NO CANALS, STRAIT S, OR PASSAGES, WHETHER.MAN-
MADE OR NATURAL, MAY BE CLOSED TO -FREE PASSAGE AT ANY
T
4. IT IS MOST LIKELY THIS APPROACH REPRESENTS A FUTURE
GOAL RATHER THAN THE TARGET FOR T OD AY. HOWEVER I
BELIEVE THAT UNLESS WE ARE AGREED ON- OUR LONG-TERM GOAL
AND BRING OUR CURRENT NEGOTIATIONS INTO THE GOAL PAT H,
WE WILL FIND OUR EFFORTS NEGATED BY THE RUSH OF EVENTS.
SESSIONS
CONFIDENT IAL
, _
Declassified in Part - Sanitized Copy Approved for Release 2012/12/12 : CIA-RDPO8C01297R000700080005-4