LOS TUNA-STRAITS DISCUSSIONS WITH CHILE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP08C01297R000400410001-4
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 6
• Document Creation Date: December 23, 2016
• Document Release Date: September 25, 2012
• Sequence Number: 1
• Publication Date: September 10, 1975
• Content Type: CABLE

Declassified in Part - Sanitized Copy Approved for Release 2012/12/07: CIA-RDP08CO1297R000400410001-4
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T 298820 E A204 PA 1 NC 66019
TORt11070 SEP 75
R 1021301 SEP 75
FM AMEMBASSY SANTIAGO
TO RUEHC/SECSTATE WASHDC 4733
INFO RUESBA/AMEMBASSY BUENOS AIRES 3781
RUESOI/AMEMBASSY QUITO 1162
RUEHDT/USMISSION USUN 1165
BT
hECTION 1,,OF 2 SANTIAGO 6165
t,uK PUTY SECRETARY INGERSOLL AND UNDER SECRETARY MAW
BASSADOR MOORS
M A
FRO
M
DEPT PLEASE PASS STUART FRENCH DOD/ISA AND BRIG. GEN. SERIO OJCS
E. 0. 11652: GDS
TAGS: PLOS
SUBJECT: LOS TUNA-STRAITS DISCUSSIONS WITH CHILE
1, SUMMARY: AMBASSADOR JOHN NORTON MOORE AND REAR ADMIRAL MAX
MORRIS MET WITH CHILEAN LOS TEAM INCLUDING - JBRGE BERGUNO,?ACTING
DIRECTOR GENERAL OF THE FOREIGN MINISTRY. REAR ADMIRAL CA :LOS
LE MAY, CHIEF OF THE NAVY GENERAL STAFF, AND AMBASSADOR
FERNANDO ZEGERS, HEAD OF THE CHILEAN LOS.DELEGATION, TO DI,SCUS~~
THE EASTERN PACIFIC TUNA INITIATIVE AND THE STRAITS ISSUE.: THE,
CHILEAN TEAM ENDORESED THE ARRANGEMENTS FOR THE UPCOMING TUNA
MEETING IN NEW YORK AND OFFERED THEIR ASSISTANCE IN MAKING IT
A SUCCESS. THEY STRESSED THEIR iNDEPENDENCE FROM THE ECUADORINA
POSITION, INDICATED THEY HAD NOT YET ADOPTED A SUBSTANTIVE POSITION
ON THE ISSUES, AND STRONGLY ENDORSED THE IDEA OF HAVING GALINDO-
POHL CIRCULATE A PAPER AS THE BASIS FOR THE. DISCUSSIONS. ON
THE STRAITS THE CHILEANS INDICATED THEY SUPPORTED UNIMPEDED
PASSAGE OF STRAITS BUT HAD PROBLEMS WITH THE DEFINITION CONTAINED
IN THE SINGLE NEGOTIATING TEXT, AFTER A FULL DISCUSSION OF THE
POINTS RAISED BY THE CHILEANS THEY SEEMED LESS SURE WHETHER THEY
HAD A REAL PROBLEM. IT WAS AGREED THAT THEY WOULD SEND AMBASSADOR
MORE SPECIFIC SUGGESTIONS FOR CHANGE IF. ON REFLECTION, THEY
BELIEVE THEY HAVE A REAL PROBLEM. END SUMMARY.
2. AMBASSADOR MORE, REAR ADMIRAL MORR 0 AND EMBASSY POLCOUN
CHARLES STOUT MADE COURTESY CALL ON JORGE BERGUNO, ACTING, DIRECTOR
GENERAL OF TH FOREIGN MINISTRY. HE INDICATED CHILE STRONGLY SUPPORTED
i~
A RAPID CONCLUSION TO THE LOS CONFERENCE AND MADE,IT CLEAR THAT
CHILE WOULD HAVE NO DIFFICULTY ADOPTING TH EXCLUSIVE ECONOMIC
ZONE. DURING CONVERSATION HE ALSO INDICATED TWAT C+4ILEAN STUDIES
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OF ECONOMIC EFFECTS OF DEEP SEABED MINING SHOW NO REAL DANGER
TO LAND BASED COPPER PRODUCERS FOR IMMEDIATE FUTURE. ALTHOUGH
LONG RANGE CONCERN CONTINUES TO EXIST. FINALLY. THE ACTING DIRECTOR
GENERAL STRESSED THE IMPORTANCE OF KEEPING THE ANTARCTIC ISSUE
OUT OF LOS AND INDICATED THE CHILEANS WOULD.LIKE BILATERAL
DISCUSSIONS WITH USSTEAMS ON RESOURCE ISSUES IN ANTARTICA PRIOR
TO THE SCHEDULED JULY MEETING.
3. US TEAM THEN MET FOR MORNING SESSION TO DISCUSS LOS-TUNA
INITIATIVE WITH CHILEAN TEAM HEADED BY BERGUNO AND INCLUDING
AMBASSADOR 2EGERS AND SEVERAL EXPERTS. DISCUSSION CENTERED ON
PROCEDURAL ARRANGEMENTS AGREED IN QUITO MEETING AND ON GENERAL
REVIEW OF PRINCIPAL SUBSTANTIVE ISSUES FOR REVISED ARTICLE 53
OF SINGLE TEXT AND IMPLEMENTING REGIONAL TUNA CONSERVATION AGREEMENT.
PROCEDURAL ARRANGEMENTS FOR NEW YORK MEETING WERE ENDORSED AS
AGREED IN QUITO. THE FOLLOWING DIFFERENCES IN EMPHASIS WERE EVIDENT.
HOWEVER. IN DISCUSSION WITH THE CHILEANS:
C ) PRESUMABLY FOR BILATERAL REASONS, CHILE SEEMDED TO WISH
Tf% UDE FRANCE IN THE TALKS UNDER THE SAME ARRANGEMENTS TO BE
CATED WE SUPPORTED
D
S
IN
I
MADE FOR THE JAPANESE. AMBASSADOR MOOR
THIS BUT WERE UNDER SOME CONSTRAINTS RESULTING FROM OUR QI4ITO1
WOULD HAVE NO OBJECTION IF THE CH N
MEETING, ALTHOUGH WE
IR VIEWS ON THIS ISSUE THE
H
W
N T
E
GOVERNMENT WOULD MAKE KNO
ECUADORIAN GOVERNMENT AND TRY TO MAKE ARRANGEMENTS FOR CL1S tON
S
A
IS
ME
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_... --.-
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B
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OF THE FRENCH UN Inc
B) CHILE INDICATED THE PAPER PRESENTED TO US BY THE ECUADORANS
DID NOT REPRESENT A CHILEAN SUBSTANTIVE POSITION SINCE THEY HAD
NOT YET ADOPTED A POSITION ON SUBSTANCE;
C) CHILE WAS MORE INTERESTED IN HAVING AMB GALINDO-POHL
PREPARE A PERE TO FOCUS THE DISCUSSIONS AND INDICATED THEY WOULD
WORK WITH THE ECUADORANS AND BE BACK IN TOUCH WITH US TO SEE
WHAT MIGHT BE DONE. IN THIS CONNECTION THEY APPEARED TO BE PLANNING
A C.E.P. COUNTRY CONSULTATION ON THE ISSUES IN NEW YORK ON
SEPTEMBER 26;
D) CHILE SEEMED MORE INTERESTED IN CONCLUDING BOTH ISSUES,
ARTICLE 53 AND THE REGIONAL THEY IMPLEMENTING
YORK MEETING,
TO HAVE IN MIND A TWO-STEP PROCESS ON THIS;
E) CHILE STRESSED THAT THEIR OBLIGATION TO THE C.E.P.
COUNTRIES WAS ONLY TO INITALLY COORDINATE AND THEYSWOULD THEN
BE FREE TO ADOTP THEIR OWN PPOSITION. ONNTHEISUBSTANCE OF THE ISSUES
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THE CHILEANS SAID LITTLE SINCE THEY INDICATED THEY HAD NOT YET
ADOPTED A POSITION. THEY SEEMED TO BE FAIRLY CLOSE TO THE U.S.
POSITION, HOWEVER. IN TERMS OF QUESTIONS ASKED..SPECIFICALLY
THEY SEEMED INTERESTED IN HOW STATES FROM OUT OF THE REGION WOULD
BE INCLUDED AND IN THE PROPOSED COASTAL STATE PREFEREANCE FOR
VESSELS OPERATING SOLEY WITHIN THEIR OWN ECONOMIC ONE. AMBASSADOR
MOORE STRESSED THE COMMON INTEREST OF CHILE AND THE U.S. ON
SUBSTANCE OF THE TUNA ISSUES. TONE OF MORNING SESSION WAS
POSITIVE AND OPTIMISTIC.
C O N F I D E N T I A L
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TOR:1i0704Z SEP 75
R 1021301 SEP 75
FM AMEMBASSY SANTIAGO
TO RUEHC/SECSTATE WASHDC 4734
INFO RUESBA/AMEMBASSY BUENOS AIRES 3782
RUESQI/AMEMBASSY QUITO 1163
RUEHDT/USMISSION USUN 1166
BT
C 0 N F I D E N T I A L SECTION 2 OF 2 SANTIAGO 6165
EXDIS
FOR DEPUTY SECRETARY INGERSOLL AND UNDER SECRETARY MAW
FROM AMBASSADOR MOORE
DEPT PLEASE PASS STUART FRENCH DOD/ISA AND BRIG, GEN, SERIO OJCS
4, CHILEAN TEAM THEN HOSTED LUNCH FOR AMBASSADORS POPPER
AND MOORE AND RETURNED
AT
THE COMPLIMENT
SEPTEMBER 10.
5, THE AFTERNOON SESSION FOCUSED ON CHILEAN STRAITS CONCERNS AND
WAS CO-CHAIRED BY REAR ADMIRAL LE MAY. AMBASSADOR EEGERS BEGAN
BY INDICATING CHILE SUPPORTED UNIMPEDED TRANSIT OF STRAITS AND
THAT CHILE AGREED NOT TO SEEK TO CHANGE EXISTING INTERNATIONAL
LAW WITH RESPECT TO THE DEFINITION OF STRAITS USED FOR INTERNATIONAL
NAVIGATION. HE INDICATED, HOWEVER, THEY WERE CONCERNED ABOUT
CERTAIN PROVISIONS OF THE SINGLE NEGOTIATING TEXT RELATING TO WHAT
HE TERMED THE DEFINITION OF COVERED STRAITS. HE.LIS ED THE FOLLOWING
PROVISIONS:
A) ARTICLE 34 (3) - - CHILE SEEKS REVISED DEFINITION AND
IS CONCERNED ABOUT USING THE TERM "BORDERING" AND WORRIED ABOUT
THE INTERACTION WITH ARTICLE 41 IN TERMS OF WHERE IN A STRAINT
A STRAIT STATE MAY MAKE PERMITTED LAWS AND REGULATIONS;
B) ARTICLE 35 (A) -- CHILE SEEKS TO REVISE THIS TO READ
ILYI CCONSIDERED
"ANY AREA OF INTERNAL WATER, UNLESS THEY WERE /PRCHILE EVIOUSLY
AS PART OF THE HIGH SEAS OR TERRITORIAL SEAS.
THEY FELT CANADA AND NORWAY WOULD ALSO ACCEPT THIS;
C) ARTICLE 38 (3) -- CHILE INDICATED THIS NEEDED TO
BE RE-WORDEDI
D) ARTICLE 44 (A) AS IT INTERACTS WITH ARTICLE 38 (1)
CHILE SOUTH A REARRANNGEMENT AND REORDERING OF THESE PROVISIONS.
AMBASSADOR MOORE INDICATED THAT THE U.S. MUST REMAIN STRICTLY
NEUTRAL IN THE CHILEAN-ARTENTINIAN DISPUTED. BOUNDARY CASE T AND THAT IN ANY EVENT THECONLY WAY TOERESOLIEATHE DEFINITIONAL
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ISSUES WAS TO LEAVE THE LANGUAGE CONCERNING STRAITS USED FOR
INTERNATIONAL NAVIGATION STRICTLY ALONE. HE THEN POINTED OUT THAT
AS HE UNDERSTOOD THE CHILEAN POSITION ON BOTH THE BEAGLE CHANNEL
AND THE FRINGING ISLANDS IT RESTED ON EITHER OF TWO BASIS, I.E. THAT
AREA WAS HISTORIC INTERNAL WATERS OR THAT IT WAS NOT
A STRAIT USED FOR INTERNATIONAL NAVIGATION. NEITHER ISSUE WAS
AFFECTED IN ANY SENSE BY THE SINGLE TEXT. AFTER.A LENGTHY
DISCUSSION OF THE ISSUES IN EHICH THE CHILEAN MILITARY PRESENT
SEEMED TO AGREE WITH AMBASSADOR MOORE AND ADMIRAL MORRIS, IT
WAS LEFT THAT IF THE CHILEANS STILL FELT THEY HAVE A PROBLEM ON
THE DEFINITION THEY WILL SEND A MEMORANDUM TO AMBASSADOR MOORE
WITH THEIR SUGGESTED CHANGES. ADMIRAL MORRIS FOLLOWED THIS UP WITH
A PRIVATE MEETING WITH ADMIRAL LE MAY ON WEDNESDAY.
7. WEDNESDAY MORNING REAR ADMIRAL MORRIS CALLED ON ADMIRAL LE MAY,
NAVY CHIEF OF STAFF. DISCUSSIONS CENTERED ON NAVIGATIONAL AND
MARINE SCIENTIFIC RESEARCH ISSUES. LE MAY INDICATED THAT AFTER
AMBASSADOR MOORE'S DETAILED EXPLANATION, THEY NOW UNDERSTOOD FOR
THE FIRST TIME HOW EXISTING NEUTRAL DEFINITION OF QUOTE STRAITS
USED FOR INTERNATIONAL NAVIGATION UNQUOTE WOULD GIVE BEST PROTECTION
TO CHILEAN CLAIMS, MORRIS INDICATED THAT US TEAM WOULD BE HAPPY
TO STUDY AND FUTURE CONCERNS CHILEAN TEAM MIGHT HAVE ON STRAITS
SECTION OF TREATY. THUS AVOIDING ANY OPEN SPLITS AND LE MAY AGREED.
8. ON MARINE SCIENTIFIC RESEARCH, ADMIRAL MORRIS INDICATED THAT
THERE SEEMED TO BE A PROBLEM IN CHILEAN DELEGATION AS TO CERTAIN
ASPECTS OF TEXT AS IT MIGHT RELATE TO LEGITIMATE MILITARY
ACTIVITIES BEYOND TERRITORIAL SEAS. REAR ADMIRAL LE MAY GAVE
STRONG ASSURANCE THAT CHILE WAS INTERESTED ONLY IN CONTROL OF
RESOURCE-RELATED RESEARCH AND THAT HE WUULD INSURE THAT NO FURTHER
PROBLEMS ON MORE SENSITIVE ASPECTS OF COMMITTEE III NEGOTIATIONS
WOULD ARISE FROM CHILEAN SIDE.
9. WITH RESPECT TO THE ARGENTINE/CHILEAN ARBITRATION RELATING
TO THE DISPUTED BEAGLE CHANNEL AND ISLAND BOUNDARIES, JORGE BERGUNO
,INDICATED IT WAS ON TRACK AGAIN, THAT A VISIT BY THE JUDGES TO
THE AREA MIGHT BE MADE IN JANUARY OR FEBRUARY, THAT CHILE HAD
/ IMPLICITY ACCEPTED THE MIDLINE IN THE CHANNEL. AND THAT THE
OUTCOME OF THE CASE WUULD ALSO HAVE SIGNIFICANCE FOR ARGENTINE
VERSUS CHILEAN CLAIMS IN ANTARCTICA, SINCE IT WAS A QUESTION OF
WHETHER THE BOUNDARY WENT NORTH-SOUTH OR EAST-WEST.
10. COMMENT: THE TRIP TO SANTIAGO WAS EXTREMELY WORTHWHILE. THE
CHILEANS SEEM CLOSE TO THE US POSITION ON TUNE THAN TO THE
C O N F I D E N T I A L
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PERUVIAN AND ECUADORAN POSITIONS, AND THEY STRESSED THEIR
INDEPENDENCE. THEY ALSO SEEM WILLING TO HELP OUT ON PROVIDING
A TEXT FOR GALINDO-POHL TO USE IN THE TALKS AND IN SEEKING TO
OBTAIN FRENCH PARTICIPATION IN THE TUNA TALKS. WITH RESPECT TO
STRAITS, IT WAS MADE CLEAR THAT CHILE SUPPORTS UNIMPEDED TRANSIT
AND IT WAS ACCEPTED AFTER DISCUSSION THAT-NO PARTY SHOULD SEEK TO
DEFINE STRAITS USED FOR INTERNATIONAL NAVIGATION, IT WAS AGREED
THAT IF AFTER STUDY CHILE STILL FELT THAT CHANGES WERE NECESSARY
IN THE SINGLE TEXT THEY WOULD SEND SPECIFIC SUGGESTIONS FOR CHANGE
TO AMBASSADOR MOORE. IF ANY SUCH SUGGESTIONS ARE FORWARDED
WE WOULD THEN HAVE THE OPTION OF ADOPTING A NO-OBJECTION POSITION
ON THOSE, IF ANY, WHICH CAUSED US NO PROBLEM OR OR AGREEING TO
SUPPORT, SUBJECT ARGENTINA+S AGREEMENT, ANC CHILEAN AGREEMENT
TO SUPPORT OUR PACKAGE OF STRAITS AMENDMENTS. THE MEETING WAS
ALSO EXTREMELY USEFUL IN CLARIFYING THAT THE CHILEANS HAD NO
INTENTION OF CAUSING DIFFICULTIES WITH RESPECT TO US DEFENSE
RESEARCH OBJECTIVES IN THE NEGOTIATIONS.
11. AMBASSADOR MOORE AND REAR ADMIRAL MORRIS WOULD LIKE TO
THANK AMBASSADOR POPPER AND EMBASSY POLCOUN CHARLES STOUT FOR
THEIR GREAT ASSISTANCE AND HOSPITALITY. POPPER
C O N F I D E N T I A L
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