FOLLOW-UP ON YOUR TALK WITH SWARAN SINGH

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-15-2-27-3
• Release Decision: RIPLIM
• Original Classification: S
• Document Page Count: 2
• Document Creation Date: January 11, 2017
• Document Release Date: December 22, 2011
• Sequence Number: 27
• Publication Date: July 23, 1971
• Content Type: MEMO

A ~"7
No Objection to Declassification in Part 2011/12/22: LOC-HAK-15-2-27-3
MEMORANDUM
MEMORANDUM FOR DR. KISSIN
FROM: Harold H. Saunder'1
Samuel M. Hoskinson
SUBJECT: Follow-up on Your Talk with Swaran Singh
NSS review
completed
One of Ambassador Jha's assistants has called, on the basis of instructions
from New Delhi, to inquire about two issues which Foreign Minister Singh
raised and which you indicated you would look into. These are:
--The U. S. position on India's "preliminary objections" to Pakistan's
complaint before the ICAO Council concerning the Indian ban on
Pakistani overflights.
--Indian reports that Iran has transferred spares for F-86s to Pakistan.
There is no reason for you personally to discuss these side issues with the
Indians and, if we have your views, we can pass them on to Ambassador Jha.
ICAO Issue
You will recall that after the destruction of an Indian commercial aircraft
hijacked from Kashmir to Lahore last spring the Indians retaliated by
banning all Pakistani overflights of India. Subsequently, the Pakistanis
lodged a formal complaint with the Council of the International Civil Avia-
tion Organization (ICAO) after deciding not to follow our suggestion that
they use the good offices procedures of that organization. The Indians in
turn have lodged a "preliminary objection" to Palstan's complaint, claiming
essentially that the overflight ban is a bilateral Indo-Pak issue outside
ICAO jurisdiction. The objection is to be considered by the Council, of
which the U. S. is a member, on Tuesday. It is a legal maneuver to delay.
MORI/CDF per C03320281 &
C05098404
No Objection to Declassification in Part 2011/12/22: LOC-HAK-15-2-27-3
 No Objection to Declassification in Part 2011/12/22: LOC-HAK-15-2-27-3
W W
SECRET
State has already told the Indians that our position in ICAO will be
governed by legal, rather than political considerations. State's legal
experts are working on the problem now and will have a formal opinion
shortly. Informally they say tin t the Indian position is very weak and
would be difficult to sustain without seriously undermining ICAO, an
organization we are attempting to strengthen because of the general
hijacking problem. State would hope to let other like-minded members
of the ICAO Council take the lead in overriding India's "preliminary
objection" but, in any event, vote against it. The Indians would be in-
formed of our position on Monday.
RECOMMENDATION: That Ambassador Jha be informed that you have
asked State to inform him shortly of the U. S. position.
Approve
Other
Last month the Indians came to us with a similar complaint concerning a
report of 6 U. S. -built, Iranian supplied helicopters in Pakistan. We
checked with the Iranians who said they were in West Pakistan on a temporary
basis and have learned that they have since returned to Iran. State informed
the Indians about this.
RECOMMENDATION: That Ambassador Jha be informed that we have no
knowledge of the Iranians supplying any U. S. -origin military equipment to
Pakistan in this situation but are looking into it further. We would, of
course, be concerned if this were the case and would take the appropriate
actions.
Approve tom.. Other
SECRET
No Objection to Declassification in Part 2011/12/22: LOC-HAK-15-2-27-3