RESPONSE TO GVN COMMENTS ON OUR PEACE PROPOSALS

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
LOC-HAK-490-6-24-5
Release Decision: 
RIFLIM
Original Classification: 
T
Document Page Count: 
9
Document Creation Date: 
January 11, 2017
Document Release Date: 
October 3, 2012
Sequence Number: 
24
Case Number: 
Publication Date: 
September 19, 1972
Content Type: 
CABLE
File: 
AttachmentSize
PDF icon LOC-HAK-490-6-24-5.pdf622.43 KB
Body: 
No Objection to Declassification in Full 2012/10/03: LOC-HAK-490-6-24-5 wiNoI rcuu I !VINO mr-r-Lr J state Dept. review compietedi IOW a 036 'TE DE WTE22 1101955 war.rvIerr Fm HENRY As W/SSINCEP TO wHITE HOUSE SITUATION POOM Giky. /917 MORI/CDF C05074795 TOP sECRET/SENSITIVE/EXCLUS/VELY EYES ONLY IMMEDIATE ? DELIVER '0011 VIA SPECIAL SHAN4EL AUGUST 19 1972 FOP AmBASSADOR,BUNKER,SA/GON FRom HENRY A .SSINGER 42,/r* La NA/ fe? VFW RESPONSE TO evN COMMENTS ON OUR PEACE PROPOSALS 1. HEPEvITH OuR RESPONSE TO THE !VN AuCVST ls COMMENTS Or ou0 PPOPOSED PEACE OFFER. YOU SHOuLD CONVEY OUR POsITIoN TO THE PPESIDENTIAL PALACE AS SOOr AS POSsIBLE, AND REt,r1' THIEWS EARLY COMMENTS LOOKING TOWARD OUR HAWAII MEETING. P, FIRsT, SOME SENERAL cOmmENTS. I CArrOT EMPHASIZE TOO STPONGLY THE PO/NT I MADE REPEATEDLY TO THIFu THAT VF MUST YEEP OUR EYE ON THE mAIN ISSUE ArD NOT sET mumc; 11P ON MINOR LEGAL TECHNICALITES, VE 'A'T TO ArcFPT AS mrCH OF THE DRY LAWIAGE AS POSSIBLE ON PERIPHEPAL ISSUES SO THAT IF TALKS EVER BREAK UP, WE APE IN IMPECCABLE PuBLIC POSTURE AND, TN POSITION TO DEMONSTRATE BEYOND SHADOW OF A DOUBT THAT FAILURE OF NEGOTIATION TOP SECRET/SENSITIVE/ EXCLUSIVELY EYES ONLY END PACE ONE No Objection to Declassification in Full 2012/10/03: LOC-HAK-490-6-24-5 No Objection to Declassification in Full 2012/10/03: LOC-HAK-490-6-24-5 111, WAS DUE TO HANOI S-IMVILLINGNESS TO ACCEPT OUR FORTHCOMING POLITICAL FOR SHORT BY THEIR TNS/STANCE ON OUR IMPOSING A COMMUNIST; GOVERNMENT. WE cANNOT'AFFORD BREAlc-uP IN WHICH DRV CAN DIVERT ATTENTION PRO" OUR FUNDAMENTAL POLITICAL DIFFERENCE.SljTINTING.TO OTHER NONESSENTIAL AREAS OF DISAGREEMENT..? , GVN MUST ALSO BEAR JO MIND THAT. ACCEPTING HANOI'S LANGUAGE IN ESSENTIALLY NON-OPERATIVE CLAUSES will NOT ALTEP CENTRAL FACT THAT, SHOULD OUR PROPOSAL BE ACCEPTED, GAIN WILL HAVE VETO INVARIOUS FORUMS AND, THAT IF THEY PEJEcT OUR OFFER, SOME OF THE MINOR OBJECTIONS GYN HAS PA/SED WILL BE OVERSHADOWED BY ENORMOUS ADVANTAGES ACCRUING To BOTH OURSELVES AND SVN FROM STRATEGY WHICH I OUTLINED IN SUCH DETAIL TO-THIEU, SO FINALLY, AS A GENERAL PRINC/PLE, WE CANNOT SLIDE BACKWARDSTROM US-001 JANUARY FLAN WHICH oVN COMMENTSSUGGEST. ,IN SOME INSTANCES, 3 WE ACCEPT THEIR SUGGESTION THAT THE PEACE OFFER AND THE PROCEDURAL PLAN SHOULD BE CONSIDERED AS sEPAPATE PPOrOsALS, vE ALSO SuPGEST THAT THE PEACE PROPOSAL BE TPTATED AS A FORMAL NEGOTIATING DOCUMENT WHILE THE PROCEDURAL PPOpOsAL CAN BE INFOPMAL IN NATURE, A. WITH REGARD TO THEIR pO/NT-BY-PqNT cOmmENTS ON OUP cOvNTEP-pROpOsAL, OUR RESPONSE, NEYED TO THE mEmOPANDUm THEY CONVEYED TO US 04 AUGUST 18, IS AS FOLLOWS: POINT 11 WE BELIEVE IT WOULD BE MOST UNWISE TO ALTER THE LANGUAGE TOPSECRET/SENSITIVE/EKFLUSIVELY EYES ONLY _L"7t. END OF PAGE S No Objection to Declassification in Full 2012/10/03' : LOC-HAK-490-6-24-5 ? No Objection to Declassification in Full 2012/10/03: LOC-HAK-490-6-24-5 W TOP SECRET /SENS/TIVE/EXCLUSIVELY EYES ONLY . ? ?. ? ??. . IN OUR POINT I,TO'REFER.: TO THE TERRITORIAL. INTEGRITY OF *NORTH AND'SOUTH-VIETNAM4;" FIRST OF ALL-THIS Is A No4., OPERATIVE PROVISION IN ANY EVENT. H sromy, FROM LEGAL POINT OP VIEW OUR 'UNDERSTANDING- IS THAT AM/TY OF VIETNAM HAS NEVER BEEN AT.ISSUE'ANYVAY BUT RATHER MEANS BY WHICH IT IS TO-BE,ACHIEVED. ARTICLE I OF MIN'S OWN CONSTITUTION. STATES IHAT V/ETNAM-IS A *TERRITORIALLY INDIVISIBLEi-UNIFIE04_AND INDEPENDENT.REPUBL/C.* THUS WE WOULD.VIEV THIS AS-:A VEA w POINT OM WH/CH TO HAVE A SHOWDOWN-WITH:DRY. ALSO WEDO NOT BELIEVE THIS IS TO RAISE THEOLOGICAL ISSUE OF SEPARATE LEGAL STATUS OF NORTH AND SOUTH VIETNAM, ' IN ADDITIONfi:OVN MEMORANDUM LEAVES OUT AS RECOGNIZED ,AY THEAR54,11ENEVA.-AOREEMENTS:ON. VIETNAM UNOUOTE. WE BELIEVE'VE:SKIULD.WEEP'THIS FORMULATION. WE HAVE ALWAYS EXPRESSED RESPECT1POR.GENEVVAGREEMENTS, AS REFLECTED: IN POINT 'A. OF .OUR.JANUARY:PLAN AND. POINTYT-OF OUR CURRENT 7ROPOSALVE,D0 NOT'MIND?UNILATERAL EXPRWTON HERE, SD LONG AS IT TO ALL PARTIES AS POINT /40 _ . . - POINTS 2 AND 3i WE APPEAR TO BE /N AGREEMENT ON THESE POINTS AND AS I TOLD TH/EU, THE PERIOD FOR WITHDRAWAL AND CONSEAUENTL Y FOR PRISONER RELEASE* WILL BE SET AT THREE MONTHS. PLEASE RECONFIRM OUR INTENT/ON ON THIS. POINT 5 WE DO NOT BEL/EVE QUEST/ON OF MVA FORCES SHOULD BE RAISED IN THIS DOCUMENT. THIS IS A MATTER WHICH WILL BE DISCUSSED IN THE ENSUING FORUMS. ,YOU SHOULD POINT OUT THAT NVA FORCES WERE NOT REPEAT NOT MENT I ONED TOP SECRET/SENSITIVE/ EXCLUSIVELY EYES ONLY No Objection to Declassification in Full 2012/10/03: LOC-HAK-490-6-24-5 ? No Objection to Declassification in Full 2012/10/03: LOC-HAK-490-6-24-5 (4) TOP SECRET/SENSITIVE/EXCLUSIVELY EYES ONLY IM OUR JANUARY PROPOSAL AND THIS WOULD BE A RFD FLAP TO OTHER SIDE* THE PROBLEM OF NVA FORCES IS CLEARLY DEALT WITH BY INFERENCE IN OUP POINT 7* ALSO IT IS BETTER PAM!) TN A FORUM WHERE THE CNN HAS A VETO. WE NOTE PVN'S SUCCESTED LAMCUAPE ALSO DROPS WORD "ErTALITY" EPOP0 PAPAGPAPH. WE ?NDEPSTAND THEIR POINT BUT IT Is ESSENTIALLY SEMANTIC AND NON-OPERATIVE. WE cONSIPITE WORD "EnuALITY" IN sENsE OF FAIRNESS AND NOT TO MEAN THAT THERE IS PARITY BETwEEM sVN AND NLF FORCES. BESIDES, THAT PROBLEM WILL BE SETTLED IN THE SUBSIDIARY FORUMS, IF NOT oN THE BATTLEFIELD* POINT is: WE BELIEVE THEIR FIRST SucCESTION PEsAPDI?4G. pPOMpT sTAPTINO NEPOTIATIONS TOwAPDS PErsTABLISHmENT OF v0PmAL RELATIONS IS A miNOR ONE , PAPTICuLAPLY SINCE LE DUO TH0 SAID AT THE LAST PRIVATE mEETINC, THAT THIS WOULD nE THE CHIEF SUBJECT FOR THE THIRD FORUM. BUT WE AGREE TO THE CHANsE "PROMPTLY START MESOTIATIoNS.T0wARDS," WITH MDEPSTANDINS-THAT WE MAY BALL OFF THIS SHOULD IT TURN OUT TO BE ONE OF FEW REMAININC STICYINO POINTS WITH DPv. THE SUBSTITUTION OF THE WORD "1 VAPTOuS" FOP "ALL" FIELDS If FEMANTIC, RELATES TO A MATTER WHICH WILL BE TINDER OvNIS COMPLETE CONTROL IN SUBSIDIARY FORUM AND THEREFORE WE BELIEVE IT AN UNNECESSARY CHANGE* WE CANNOT ACCEPT MIN'S sunCESTED ADDITION OF CLAUSE" EXCEPT FOP PURELY DEFENSIVE PURPOSES AND ON A TEMPORARY BASIS" AT THE END OF FINAL PARAPPAPH. TOP SECRET/SENSITIVE/EXcLusIVELY EYES ONLY END OF PAGEA No Objection to Declassification in Full 2012/10/03: LOC-HAK-490-6-24-5 No Objection to Declassificationin Full 2012/10/03: LOCHAK-490-6-24-5 (5) TOP SECRET/SENSITIVE/EXCLUSIVELY EYES ONLY THIS WOULD BE A MAJOR RED FLAG TO THE DPV AND IN END OF ITSELF COULD PRODUCE THE VERY BLOW-OUT OVER A NON-OPERATIVE oiLm!rE WHICH WE SEEK TO AVOID. YOU SHOULD POINT OUT THAT VE HAVE ALREADY PET THE cm POINT BY INFERENCE PY DROPPING DRV'S LAMUACE CONTAINED IN THEIR POINT 6(B) ABOUT THE TWO VIETNAM'S PEFRAIN/NO QUOTE FROM REOOPMIZING THE PROTECTION OF ANY FORETON POWER, ANY MILITARY ALLIANCE OR BLOC UNQUOTE. WE DROPPED THIS CLAUSE FROM OUR PROPOSAL PRECISELY BECAUSE WE HAD TM PM THE CVN'S RIGHT TO CALL ON OUTSIDE ASSISTANCE FOR SELF DEFENSE. YOU SHOULD ALSO POINT OUT THAT SVN'S SUnGESTED LANGUAGE WAS NOT IN OUR JOINT JANUARY 25, PROPOSAL AND WOULD LOO', LIYE A SIGNIFICANT NEW HEDGE. COSmETICALLY, WITH PARTICULAR REFERENCE TO OUR DOMESTIC SCENE, IT COULD BE VIEWED AS A LOOPHOLE TO JUSTIFY CONTINUED U.S. INVOLVEMENT. POINT 7: OVN LANGUAGE WOULD (j)MOVE UP PRINCIPLE OF ARMED FORCES STAYING WITHIN NATIONAL FRONTIERS TO FIRST PARAGRAPH ON GENEVA AGREEMENTS AND (2) INTRODUCE PHRASE QUOTE FOUR COUNTRIES UNQUOTE. TOP SECRET/SENSITIVE/EXCLUSIVELY EYES ONLY No Obiection to Declassification in Full 2012/10/03: LOC-HAK-490-6-24-5 No Objection WIlieclasification in Full 2012/10/03: LOCHAK-490-6-24-5 (6) TOP SECRET/SENSITIVE/EXCLUSIVFLy EYES ONLY Yr TIELIFvE THAT wE SHOULD STICr TO ONP LANsuAGE wHICH Is sNBsTAN- TTALLY IDENTICAL TO POINTS A AND 5 OF ()NIP JOINT JAWJAPY 15 pposn. FuRTHERmoRE, YE CANNOT ACCEPT INJEcTINc IDEA OF ouOTE FOuR comITP/Irs UMPU0TE INTO OUR FORMAL PPOPOsAL, HEPE APA/N0 WE WOULD BE SPECIFYIN0 FFPAPATF NORTH AND SOUT VIETNAmEsE COUNTRIES, A THEOLOGICAL POINT NOT PAM? IN ORR PREVIOUS PROPOSAL AND AlAIN A RED FLAP FOP HANOI. WE RELIEVE OUR POINT AS PRESENTLY PHRASED DEALS ADEclUATELY WITH sJN cONERNs AND WOULD AGAIN POINT OUT THAT PA/4 HAS AMPLE Room FOR MANEUVER ON THIS ISSUE IN THE NEGOTIAT/NG FORmumS WHICH WOULD OPEN UP. POINT St WE HAVE NO DIFFERENCES. POINT 9: WE AGREE THAT FOR PRESENTATIONAL PUPPOSES THE WORD "PENEPAL" CAN BE SUBSTITUTED F00 "STANDSTILL" BEFORE CEASEFIRE AS SuscEsTED AT OUR AUGUST IR MEETING. ' WE ALSO INTEND TO LEAVE IN LANGUACE "AT A TIME MUTUALLY AGREFE0 MON" AT THE BEGINNINc OF THE POINT ALTHOUGH YOU SHOULD MENTION AGAIN THAT I INTEND TO TELL THE DRV NEGOTIATOPS SEPEmBER 15 THAT AS A CONCESSION WE APE PREPARED TO ACCEPT THEIR POSITION THAT A CEASE- FIRE SHOULD COME AFTER OVERALL ACREEMENT ON ALL OTHER ISSUES. FOR THE SAME REASONS AS OUTLINED WITH RESPECT TO POINT 7 WE CANNOT ACCEPT THEIR SuGGESTED ADDITION AT THE END OF POINT 9 cONcERN. ING FOUR REPEAT FOUR COUNTRIES OF INDOCHINA. ' POINT 10t YOU SHOULD POINT OUT THAT WE WOULD ADD POINT 4 As OW COMING UNDER INTERNATIONAL SUPERVISION siNcE PROVISION IS MADE FOR INTERNATIONAL SuPERVISION OF THE PRESIDENTIAL ELECTION, AS IN THE JANuARY P5 PROPOSAL, END OF PAGE 6 TOP SECRET/ SENSIT/VE/EXCLUSIvELY EYES ONLY No Objection to Declassification in Full 2012/10/03: LOC-HAK-490-6-24-5_ No Objection to Declassificationin Full 2012/10/03: LOClAK-490-6-24-5 (7) TOP SECRET/SENS/TIVE/EXCIUSIVELY EYES ONLY WE ACCEPT THE ADDITION OF THE WORD "BELLIGERENT" AND THE PHRASE "PRIOR TO THE CEASEFIRE" ALTHOUPH THE LATTER PHRASE MAY DROP OUT AGAIN IN THE PROCESS OF NEGOTIATIONS. YOU CAN ASSURE THIEU THAT AS I TOLD HIM ON AUGUST IS, WE ENVISAGE AGREEMENT ON SUPEVISION PRIOR TO A CEASEFIRE IN ANY EVENT, AND THAT IS ONE REASON WHY WE GAVOR SHIFTING DISCUSS/ON OF CEASEFIRE MODALITIES 10 THE ELEBER FORUM AS SOON AS POSSILE? As FOR PARAGRAPH (B) WE ACCEPT THE INSERTION OF "FOP THE PECPECT OF THE cEASEF/RE" AFTER WORDS "INTERNATIONAL OlIARAMTEES"; WE ALSO AGREE TO INSERTION OF WORD "BELLIGERENT" BEFORE "PARTIES" AT END OF PARAGRAPH, PROCEDURAL !MIES ' 1. WE HAVE ALREADY USED THE CORRECT DESIGNATION FOR THE OVM? WE ALSO AGREE TO THEIR SUGGEST/ON THAT ANY PROCEDURAL D0rrimEmT WILL REFER TO THE ME MEAD OF THE PRO. WE PRESUME GVN (au ALSO WANT TO REFER TO THEM AS NLF IN POINT 4 OF OUR SUBSTANTIVE PROPOSAL. SHOULD NOMENCLATURE PROVE AT SOME STAGE TO BE ONLY OBSTACLE TO AGREEMENT BETWEEN US AND OFT WE APE NOT GOING TO FALL OR OUR SWORDS OVER THIS. END OF PAGE i TOP SECRET/SESNSITIVE/EXCLUSIVELY EYES ONLY No Objection to Declassification in Full 2012/10/03: LOC-HAK-490-6-24-5 t. No Objection to Declassification in Full 2012/10/03: LOC-HAK-490-6-24-5 IP IR) TOP SECRET/sENSITI.VE/EXCLUMELY EYES ONLY YOU MAY HOWEVER , REAFFIRM TO evN THAT IN ANY FORMAL DOCUMENT WE wIL IN THE FIRST INSTANCE SEEM TO FOLLOW STANDARD DIPLOMATIC PRACTICE OF EACH SIDE USING NOMENCLATURE IT WISHES IN INSTANCES WHERE JuPIDICAL STATUS OF A POLITICAL ENTITY Is IN DISPUTE. SO WE WOULD CALL THE PRP THE NLIP IN OUR DOCUMENTS AND MY TN. TWIN WOULD PROBABLY REFER TO THE GUN AS THE SAIroN ADMINISTRATION. WE AGREE TO DELETE WORDS nuOTE AND RESOLVE uNnuoTE FROM THE SECOND SENTENCE OF WHAT IS NOW POINT 11(A) OF OUR PROPOSAL. SINCE, WITH THIS DELETION, WE APE NO LONGER REFERRING TO SOLUTION OF POLITICAL ISSUES IN THE FIRST FORUM, THERE WOULD NOT APPEAR As GREAT A NEED TO CHANGE THE WORDS puOTE IS PEsOluTD uNnuOTE TO nuOTE HAS BEEN DEALT WITH UNcUOTE IN THE THIRD RARAGRAPHI RUT.! inEw OF OUR DISCUSS/ON ON AUGUST. 10, WE DEFER To THE GvN IF THEY INSIST ON THIS POINT. UNDER THE SECOND FORUM WE AGREE TO cHANPE nuOTE MAY NOT HAVE BEEN RESOLVED UN0UOTE TO QUOTE MAY NOT HAVE BEEN DEALT w/TH uNnuoTE. IN THE SECOND SENTENCE * . 3. elm OBJECTION TO A TRIPARTITE FORUM GIVES US CONSIDERABLE DIFF- IcLuLTY AND AS I POINTED OUT WE BELIEVE LEGALISTIC DISADVANTAGES ARE IN OUT VIEW STRONGLY OUTWEIGHED BY POLITICAL AND LEGAL RECOGNITION GUN GAINS BY DEALING WITH OTHER SIDE IN AS MANY FORUMS As POSSIBLE. TO EASE GUN'S PROBLEM WE WOULD SUGGEST DELETION OF "TRIPARTITE" FROM NOMENCLATURE OF THESE PRIVATE MEETINGS AND ALSO DELETE PHRASE puoTE SUCH As PROBLEM OF VIETNAMESE ARMED FORCE uNnuOTE RIGHT THROuGH TO END Or SENTENCE. ALSO, AS I PO/NTD OUT TO THIEN DPv DOES NOT VISUALIZE DISCUSSION OF INTERNAL Mils IN THIS FORUM BUT RATHER THE STATUS or THE DMZ, RELATIONS BETWEEN THE Two ZONES AND STEPS LEADING To REUNIFICATION. TOP SECRETABSENs/TIvE/EXCLUsIVELY EYES ONLY No Objection to Declassification in Full 2012/10/03: LOC-HAK-490-6-24-5 dila% No Objection to Declassification in Full 2012/10/03: LOC-HAK-490-6-24-5 IIP ? ? TOP SECRET/SENSITIVE/EXCLUSIVELY EYES ONLY 4, WITH RESPECT TO FOUR PARTY FORUM WE PROPOSE TO DELETE PHRASE QUOTE SUCH AS AN INDOCHINA-WIDE CEASEFIRE UNPUOTT SO AS TO BE CONSISTENT WITH OUR APPROACH OF BEING VAGUER ON WHAT IS DISCUSSED' IN THE THIRD AND FOURTH FORUMS. THIS CHANGE AS IT HAPPENS, ALSO REVERTS BACK MORE CLOSELY TO ORIGINAL DRV LANGUAGE AT NO EXPENSE TO US, , THIS DELETION IN NO WAY DETRACTS FROM OUR INTENTION THAT CEASEFIRE MODALITIES BE DISCUSSED AT KLEBER. REGARDING PARAGRAPH CC) OF OUR PROCEDURAL PROPOSAL, JOINT U.S. ..DRV RESPONSIBILITY, WE WILL DELETE THIS IN THE PROCEDURAL PROPOSAL, ITSELF, ON PARAGRAPH CD) PURSUANT TO OUR AUGUST le DISCUSSION, WE AGREE TO CHANGING THE SECOND SENTENCE TO READ'OUOTE BESIDES THE. ALL AGREEMENT THE PARTIES MAY ALSO REACH BILATERAL OR MULTILATERAL. ' AGREEMENTS WITH ONE ANOTHER UNQUOTE, THERBY'AGAIN AVOIDING REFERENCE TO TRIPARTITE AGREEMENTS, : 5. YOU SHOULD, OF COURSE, PRESENT our COMMENTS IN THE MANNER YOU CONSIDER MOST EFFECTIVE, DRAWING ON THE ABOVE RATIONALE As YOU SEE FIT TO ACCOMPLISH OUR OBJECTIVES,'IN .S0 DOING, PLEASE REITERATE TO THIEU MY APPRECIATION FOR OUR CONSTRUCTIVE Discussums AND THE SPIRIT IN WHICH WE BEL/VE HE IS CONSIDERING OUR STRATEGY AND COUNTER PROPOSALS. fl HOPE THIS SPIRIT VII INFUSE HIS REACTIONS TO OUR POSITIONS IN THIS MESSAGE AS WELL AS THE CENTRAL QUEST ION or POINT 4, AS YOU KNOW, WE WOULD LIKE TO HAVE THEIR COMMENTS AS SOON AS POS- SIBLE AND ANY EVENT IN TIME FOR HAWAII MEETING. WARM REGARDS END OF PAGE NNNNN TOP (SECRET/SENSITIVE/EXCLUSIVELY EYES ONLY 'I" SENSITIVE NES No Objection to Declassification in Full 2012/10/03: LOC-HAK-490-6-24-5