SWITCHBACK II

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP72-00310R000100080009-0
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 24
• Document Creation Date: December 14, 2016
• Document Release Date: October 4, 2002
• Sequence Number: 9
• Publication Date: May 26, 1970
• Content Type: MF

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PPB 70-1054
26 May 1970
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OSD, State Dept. reviews completed
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SENDER'-WILL CHECK CL.15S1 TION TOP AND BOTTOM
UNCLASSIFIED C i' IDENTIAL SECRET
OFFICIAL ROUTING SLIP
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ACTION
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FOLD HERE TO RETURN TO SENDER
FROM: NAME. ADDRESS AND PHONE NO.
DATE
UNCLASSIFIED CONFIDENTIAL
SECRET
FORM NO. G237 Use previous editions
1-67
STATINTL
STATINTL
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LEGAL AUTHORITY FOR FUNDING MILITARY OPERATIONS
IN CAMBODIA INVOLVING THAI PARTICIPATION
General Authority
2. Department of Defense funds may be used to support
foreign forces only to the extent specifically provided
in DOD authorization and appropriation legislation.
Present legislation provides:
Appropriations available to the Department of Defense
during the current fiscal year shall be available for
their stated purposes to support: (1) Vietnamese and
other free world forces in Vietnam; (2) local forces
in Laos and Thailand; and for related costs,,on such
terms and conditions as the Secretary of Defense may
determine. (Military Procurement Authorization Act,
1970 (P.L. 91-121) sec. 401; Department of Defense
Appropriations Act, 1970 (P.L. 91-171) sec. 638(a).)
3. Military assistance to Cambodia, in the form of furnishing
defense articles and services to Cambodian forces, may now
be financed out of MAP funds following the issuance of the
SECRET/NODIS KHMER
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Presidential Determination on May 21, establishing a
MAP program for Cambodia in FY 1970 of $7.9 million
and waiving the usual requirements of the Foreign
Assistance Act, such as a MAP agreement.
Transfer of Thai Equipment to Cambodia
4. The U.S. has supplied substantial amounts of military
equipment to Thailand. Till FY 1968, these were provided
through a regular MAP program. Since then, military
assistance to Thailand has been financed out of service
funds pursuant to the legislative authority quoted in
para 2 above. Both MAP-funded equipment and service-
funded equipment have been provided under the terms of
the US-Thai Military Assistance Agreement of October 17,
1950 (TIAS 2434), which provides that the "Government of
Thailand will not, without prior consent of the Government
of the United States of America, devote assistance ... to
purposes other than those for which it is furnished."
(Article 2) The Thai Government therefore requires the
consent of the USG to the transfer to Cambodia of any
U.S.-supplied equipment. The Executive Branch ay give
const to transfers of this sort without further approval
from` Congress. There is no statutory requirement that
Conress even be notified of the consent to transfer,
although1there is such a requirement for consent to trans-
?fer under the military sales program. However, at the
request of the Senate Foreign Relations Committee, the
State Department has undertaken to report to Congress on
all consents to transfer under the grant program as well,
on a six-month basis. The next report would be made in
September 1970.
5. Any U.S. replacement in Thailand of?equipment that
Thailand was trans erring to Cambodia, should properly
be charged to the MAP program for Cambodia. Service
funds may not be used to support local forces in Cambodia.
The use of service funds to enable or encourage Thailand
to transfer equipment to Cambodia could be regarded in
Congress as an illegal attempt to circumvent the restric-
tions on the use of service funds.
SECRET/NODIS/KHMER
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10. U.S. funded expenses involved in the training of the
Khmer forces to be integrated into the Cambodian army con-
stitute the provision of a defense service to Cambodia and
thus should be charged to the MAP program for Cambodia.
Service funds may not be used to finance the training
eit of Thai forces estined for use in the defense of
Cambodia or'Khmers destined for integration into the
Cambodian army.
Continuing Support for Cambodian Forces
13. A Supporting Assistance program, as authorized under
therterms of sections X01-4 3 of the Foreign Assistance Act
of 1961, as amended, could be utilized to provide budgetary
support for Cambodia.
14. Section 401 of the Act limits the total number of countries
eligible to receive supporting assistance to twelve, subject to
waiver by the President. This quota has. not yet been filled.
-SECRET NODIS KHMER
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15. Under the Economic Assistance section of Title I of
the Foreign Assistance and Related Programs Appropriation
Act of 1970, there is a requirement that no part of the
appropriation be"used to initiate any Supporting Assistance
project or activity which has not been justified to the
Congress. A simple procedure is available whereby this
justification could be accomplished. Alternatively, the
President could waive this requirement under section 614 (a)
of the Foreign Assistance Act of 1961, as amended, if he
finds that provision of this assistance is "important to
the security of the United States" and promptly reports
this determination to Congress.
16. Under section 120 (a) of the Foreign Assistance and
Related Programs Appropriation Act of 1970, the President
must take into account, before furnishing supporting assist-
ance to any country:
1) the percentage of the recipient or purchasing
country's budget which is devoted to military
purposes;
2) the degree to which the recipient or purchasing
country is using its foreign exchange resources
to acquire military equipment;
3) and the amount spent by the recipient or purchasing
country for the purchase of sophisticated weapons-
systems, such as missile systems and jet aircraft
for military purposes, from any country..
17. Under section 120 (b) of that statute, the President must
report annually to the Congress his actions in carrying out
this provision. This report is usually made sometime after
the conclusion of the fiscal year.
Use of Defense Stocks
18. Under section 506 of the Foreign Assistance Act of 1961,
the President may "if he determines it to be vital to the
security of the United States, order defense articles from
the stocks of the Department of Defense and defense services"
SECRET/NODIS KHMER
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to be provided to MAP recipients beyond the amount
appropriated for military assistance. The value of
these orders may not exceed $300,000,000 in any one
fiscal-year and they are to be subject to reimbursement
from subsequent appropriations available for military
assistance. Prompt notice of action taken under this
authority must be provided. to the Senate Committees on
Foreign Relations, Appropriations and Armed Services and
to the Speaker of the House.
19.' The determination required for use of this authority ---
"vital to the security of the United States" --- is the
most stringent required under the Foreign Assistance Act.
The authority provided in this section has reportedly been
used only twice before, in FY '65-and '66, both times in
relation to Viet-Nam, before MASF for Viet-Nam was instituted.
20. In each case, reimbursement was made by a special
appropriation rather than out of regular MAP funds. If
this section were to be used, the Congressional committees
concerned would probably press for some timetable as to
when reimbursement would be made.
21. It should be noted that this section does not authorize
procurement of additional defense articles, but only the
ordering of these already in defense stocks. Defense stocks
may not contain articles of the particular sort required,
such as small arms ammunition.
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ANNEX -- Use of Service Funds to Support Local or
Foreign Forces in Cambodia
1. Any use of service funds to support local or foreign
forces in Cambodia would have to come within the authority
provided in DOD authorization and appropriation legislation.
Present authority permits use of DOD funds to support:
(1) Vietnamese and other free world forces in Vietnam;
(2) local forces in Laos and Thailand; and for related
costs, on such terms and conditions as the Secretary
of Defense may determine.
2. An overly literal interpretation of "in Vietnam" and
"in Laos and Thailand" would restrict U.S. support to
Vietnamese, Lao and Thai troops to those that remain in
their own countries. However, a more reasonable inter-
pretation is supportable under which the use of DOD funds
would be legitimate even when these forces went beyond the
geographic boundaries of their countries. Under this
interpretation the purpose of these out-of-country operations
would have to be to deal with a direct and immediate threat
to their own countries. South Vietnamese attacks on enemy
sanctuaries along the Vietnam-Cambodian border come within
this rationale. However, Thai or Vietnamese forces acting
SECRET
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in defense of Cambodia would go beyond this rationale.
U.S. support for such operations would amount to support
for foreign forces in Cambodia. The only legislative
provision for use of U.S. funds to support foreign forces
in a third country is the authority to support "other free
world forces in Vietnam."
3. "Related costs" -- The authority to use DOD funds for
costs related to the support of Vietnamese and other free
world forces in Vietnam and local forces in Laos and
Thailand does not provide authority to use DOD funds to
support local or foreign forces in Cambodia. DOD funds have
been used under the concept of "related costs" to support
non-U.S. forces in countries other than Vietnam, Laos
and Thailand -- e.g., to fund equipment costs for engineer
construction battalions in the Philippines and replacement
combat units in Korea. These costs were related to the
support of foreign forces (Philippines and Korea) in Vietnam
in the sense that they were either a form of "quid pro quo"
for the sending of Philippine and Korean units to Vietnam
or out of country costs directly related to the deployment
cycles of free world forces. In the case of the Korean units
these additional costs were obliquely referred to in the
appropriations hearings. (Hearings, House Committee on
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Appropriations, Supplemental Defense Appropriations for
1966 on H.R. 13546, pp. 27-28.)
4. Restrictions on the use of service funds would not be
alleviated by placing Cambodian operations under the mantle
of SEATO. Contributions to SEATO, including the provision
of defense articles and defense services, can be made out
of MAP funds. (Foreign Assistance Act of 1961, as amended,
sec. 503.) There is no authority, however, to use Defense
funds for other than SEATO military headquarters 0 and M
budget purposes. U.S. support for foreign forces engaged
in the O.A.S. peacekeeping operation in the Dominican
Republic in 1965-66 were charged to a MAP program for
the O.A.S.
5. Where Defense funds are unavailable for a particular
activity there is no authority to borrow from these funds
to finance the activity, even when there is an intention
to pay back the funds from such legitimate sources as may
later become available. If it is desired to use Defense
funds to support local or foreign forces in Cambodia, an
amendment to the existing Defense authorization and appro-
priation legislation should be sought. The amendment might
SE C PP- T
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add the following clause to the provision specifying what
non-U.S. forces may be supported with Defense funds:
(3) Cambodian and other free world forces in
Cambodia.
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DIS KHMER
Legal Authority for Indicated Sources (Summary)
1. Cambodian MAP -- A military assistance program
-for Cambodia has been reinstituted under the Foreign
Assistance Act in the amount of $7.9 million for FY 1970.
Under this program "MAPEX equipment it -- surplus equipment
in Vietnam and excess major and secondary end items from
US stores - may.be made available to Cambodia at no
charge to the MAP program other than for rehabilitation,
packing, crating, handling and transportation.
2. MA.SF "interpretations" -- DOD funds are available
for the support of non-U.S. forces under present service
funding legislation only for "(1) Vietnamese and other
TOP SECRET(NODIS KHMER
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although it would serve to help the Administration over
a potentially difficult hurdle. Under this interpretation
we would seek no amendment of the Defense Appropriations
Act, which would lessen, but not eliminate, the rule of
unhelpful and restrictive amendments on this legislation
from the Congress. (DOD has not yet been consulted on this
interpretation.)
TOP SECRET/NODIS/KHMER
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free world forces in Vietnam; (2) local forces in Laos
and Thailand; anf for related costs." It would be possible
to approach the Armed Services and Appropriations Committees
with a proposal that this language be interpreted, pending
the adoption of more permissive language, to allow the
expenditure of service funds in Vietnam and Thailand, or
in behalf of Vietnamese and Thai forces outside of those
countries, to support the defense'of Vietnam, even though
this goes beyond the original language and probably the
original purpose of the legislation. The Administration
would explain that Vietnamese forces have been supported
through. MASF in their activities in Cambodia,' against enemy
sanctuaries and supply lines. The continued operations of
ARVN, and possibly of Thai and Korean forces in Cambodia
against the supply lines and sanctuaries would be funded
from MASF on the same basis, i.e., that they were acting
directly in support of the U.S.-Vietnamese-free world effort
in South Vietnam. This thesis would be Thai participation
closely to activities against the Communists in Eastern
Cambodia. Agreement with the Armed Services and Appropriations
Committees on this interpretation would not necessarily
mean acquiesence on the part of the rest of the Congress,
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3. Supporting Assistance -- A budgetary assistance
program to Cambodia could be instituted under S401 of the
Foreign Assistance Act. The program would have to be
/justified to Congress; alternatively this requirement
i
could be waived by the President and the waiver reported
to Congress.
4. Third-country transfer -- Thailand and Viet-Nam
may transfer to Cambodia, on such conditions as they may
arrange, defense articles originally provided to Thailand
and Viet-Nam by the United States under MAP or service
funding (W.SF) for use in Thailand and Viet-Nam. Such
transfers are subject to U.S. consent. The giving of
consent should be reported to Congress. Arrangements for
replacement to enable or encourage Viet-Nam or Thailand
to make these transfers would properly be charged to
Cambodian MAP. In order to avoid these charges the USG
should not go beyond indicating to Thailand and Viet-Nam
that while it cannot undertake to provide replacement it
would take into account their willingness to assist Cambodia
in planning future military assistance to them.
TOP SECRET/NODIS/KHMER
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-4--
5. Section 506 -- The President may make available
to Cambodia articles from existing defense stocks,
subject to reimbursement from future MAP appropriations,
if he finds that this.is "vital to the security of the
United States" and promptly reports his action to Congress.
This authority has been used only twice before, both
times in relation to Viet-Nam before MASF for Viet-Nam
was instituted. Each time reimbursement was made by
special appropriation.
6. Caveat -- The foregoing is subject to such action
as the Congress may take with respect to the Cooper-Church
amendment limiting the use of U.S. funds to support foreign
,forces in Cambodia.
TOP SECRET/NODIS/KHME].2
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Text of Cooper-Church Amendment -- Sec. 47 of H.R. 15628,
an Act to Amend the Foreign Military Sales Act
(Reported by the SFRC on May 12 ,1970 with new
prefatory language submitted by the sponsors
on May 21, 1970.)
Sec. 47. Limitations on United States Involvement
in Cambodia. -- In concert with the declared objectives
of the President of the United States to avoid the involve-
ment of the United States in Cambodia after July 1, 1970,
and to expedite the withdrawal of American forces from
Cambodia, it is hereby provided that unless specifically
authorized by law hereafter enacted, no funds authorized
or appropriated pursuant to this Act or any other law may
be expended after July 1, 1970 for the purposes of
"(1) retaining United States forces in Cambodia;
"(2) paying the compensation or allowances of, or
otherwise supporting, directly or indirectly, any
United States personnel in Cambodia who furnish
military instruction to Cambodian forces or engage
in any combat activity in support of Cambodian forces;
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"(3) entering into or carrying out any contract
or agreement to provide military instruction in
Cambodia, or to provide persons to engage in any
combat activity in support of Cambodian forces; or
"(4) conducting any combat activity in the air above
Cambodia in support of Cambodian forces."
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be those available for support of Cambodian, as opposed
to "Thai" forces. These would be supporting assistance
for pay and allowances and Cambodian MAP for replacement
arms and equipment.
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