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USDEL SECRETARY BUE 60'49 MCF YfHLR JP VP RENT
DTG: 191754Z APR 82 TOR: 10'9/1846Z SIT FONT EOB
PSN: 0'46257
DE RUEHL A #.60'49 10'91755 Z 191754Z APR 82 ZFF-6 FM USDEL SECRETARY BUENos AIRES TO AMEMBASSY LONDON FLASH THE WHITE HOUSE FLASH SECSTATE WASHDC FLASH 6728
NODIS EO 12IT65: RDS-3 4/19/12 TAGS: OVIP, (HAIG, ALEXANDER M., JR.) SUBJECT: ANNOTATIONS OF DRAFT TEXT WORKED OUT IN BUENOS AIRES PREAMBLE: THIS IS A MERGER OF TEXTS WE CARRIED FROM LONDON AND RECEIVED FROM THE ARGENTINES. IT CONTAINS CLEAR REFERENCE TO UNSC RES. 50'2 AS THE BASIS FOR THE AGREEMENT, AND RETAINS THE IMPORTANT CONCEPT THAT THE TEXT IS AN INTEGRAL WHOLE. PARAGRAPH 1 (CESSATION OF HOSTILITIES). THIS IMPLEMENTS OPERATIVE PARAGRAPH 1 OF THE UNSC RESOLUTION. PARAGRAPH 2 AND 3 (WITHDRAWL AND SEPARATION OF FORCES) THESE PROVIDE THE ESSENTIAL ELEMENTS OF WITHDRAWL AND NONINTRODUCTION OF FORCES. WE WERE UNABLE GET ARGENTINE AGREEMENT TO FOREGO FREEDOM OF MOVEMENT EXCEPT FOR THE THREE SPECIFIED 150' NM WITHDRAWL/NON-INTRODUCTION ZONES. THE STATEMENT THAT ARGENT INA WI LL NOT OPERATE ITS FORCES IN THE ZONES IS DES I GNED TO MAKE CLEAR THAT THEIR SO-CALLED "THEATER OF OPERATIONS" DOES NOT APPLY. THE WITHDRAWL SCHEDULE PERMITS UK NAVAL FORCES TO REMAIN WITHIN THE ZONE FOR SEVEN DAYS, AT WHICH TIME ARGENTINA
MUST HAVE WITHDRAWN HALF OF THEIR FORCES. THE IDEA OF REOUIRING THE UK NAVAL TASK FORCE SEVEN DAYS TO BE AT 175lJ NM FROM THE COORDINATES PROVIDES FLEXIBILITY. THE POSITION OF UK FORCES AT THE TIME OF AGREEMENT WILL OF COURSE DETERMINE THE CLOSEST POINT OF APPROACH OF THOSE FORCES TO THE COORDINATE POINTS BEFORE HAVING TO TURN BACK IN ORDER TO BE AT 175lJ NM ON DAY SEVEN. THE UK WILL OF COURSE WANT TO LOOK VERY CLOSELY AT THE TREATMENT OF THE SUBMARINES, WHICH WAS A MAJOR POINT OF CONTROVERSY HERE. AT THE LAST MINUTE, WE DETECTED A DRAFTING ISSUE IN PARA 2.2.1 (TEXT OF DRAFT AGREEMENT BEING SENT SEPTEL FLASH). WE SUGGESTED THAT THE TWO SENTENCES REGARDING UK ACTIONS BE COMBINED BY WORD "AND" TO MAKE CLEAR OUR INTENT THAT 175lJ NM LIMIT APPLIES ONLY "WITHIN THE SAME TIME PERIOD", AND THEREFORE IS NOT APPLICABLE UNTIL ONE WEEK AFTER AGREEMENT. AT THIS WRITING, CHANGE I S BE I NG REV I EWED BY GOA. PARAGRAPH 4 (ECONOMIC SANCTIONS). THE BASIC CONCEPTS HAVE BEEN RETAINED FROM THE DRAFT WE CARRIED FROM LONDON. THE TIMING, HOWEVER, HAS BEEN ALTERED AT ARGENTINE INSISTENCE. STEPS ARE TO BE TAKEN TO TERMINATE BILATERAL SANCTIONS SIMULTANEIOUSLY AND WITHOUT DELAY, RATHER THAN ANYTIME IN THE TWO WEEK PERIOD WE PREVIOUSLY DISCUSSED. THE OPERATIVE COMMITMENT REMAINS "TO TAKE STEPS". SIMULTANEITY IMPLIES BILATERAL COORDINATION, WHICH WOULD OBVIOUSLY BEAR ON THE TIMING OF THE ACTIONS IN BOTH SENTENCES. WE ASSUME "WITHOUT DELAY" INCLUDES TIME NECESSARY TO MAKE SUCH ARRANGEMENTS, A REASONABLE AMOUNT OF TIME TO COMPLETE DOMESTIC REOUIREMENTS, AND THE TIME NECESSARY TO CONSULT THE EC AND THIRD COUNTRIES. PARAGRAPH 5 (AUTHORITY) THE CONCEPT OF A TRIPARTITE SPECIAL COMMISSION SURVIVES, WITH A CHANGE OF NAME TO SPECIAL "INTERIM AUTHORITY". WHILE THE COMMISSION'S FUNCTIONS HAVE NOT CHANGED MATERIALLY FROM THE TEXT WE WORKED OUT IN LONDON, THE CHANGE OF NAME WITH IT'S CONNOTATIONS IS OPTICALLY MORE APPEALING TO ARGENTINA. THE AUTHORITY IS NOW TO VERIFY COMPLIANCE WITH ALL OBLIGATIONS IN THE AGREEMENT. AWKWARDLY, THE DRAFT RETAINS REFERENCE TO "OBSERVERS"
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TO A CCO!YiPL ISH THE SET ASK S; IN 0U LON DON TE X 0BSERVER S WE RE R T, INTENDED TO MONITOR FORCE WITHDRAWL AND SEPARATION ONLY, STAFF LIMITATIONS WOULD BE HANDLED IN THE SEPARATE PROTOCOL CREATING THE AUTHOR I TY. PARAGRAPH 6 (LOCAL ADMINISTRATION), HERE AND ELSEWHERE, WE HAVE ATTEMPTED TO DIVORCE SUBSTANTIVE PROVISIONS "PENDING A DEFINITIVE SETTLEMENT" FROM THE INTERIM PERIOD FOR NEGOTIATIONS, TO PROMOTE A BASIS FOR CONTINUING ARRAN GEM EN SH0U NEG 0TIA TS LD TION S NOT MEET THI-S DEA DLIN E, THIS TEXT RETAINS THE CONCEPT OF AUTOMATIC RATIFICATION OF LOCAL ADMINISTRATION ACTIONS, EXCEPT WHERE DEEMED INCONSISTENT WITH THE AGREEMENT BY THE SPECIAL INTERIM AUTHORITY. (THE AUTHORITY, AS PRO VIDE DIN THE SEPA RATE PRO TO COL, WO U DEC IDE BY M 0RITY YO TE) , LD AJ LOCAL ADMINISTRATION IS TO CONTINUE "THROUGH" THE COUNCILS, UNDERL INING THE TERMI NAT ION OF THE OFF I CE OF GOYERNOR, WH I LE UK APPOINTMENTS TO COUNCILS WOULD CONTINUE, IN THIS TEXT ARGENTINA WOULD ALSO HAVE TWO OFFICIAL APPOINTEES WHO WOULD SERVE IN EACH COUNCIL. ELECTED REPRESENTATION OF THE RESIDENT ARGENTINE POPULATION WOULD BE PROYIDED FOR ALSO, USING THE TEXT WORKED OUT IN LONDON. ALL OTHER LINKS, ADMINISTRATIVE AND LEGAL, TO THE UK, WHICH FORM THE BASIS OF THE LOCAL ADMINISTRATION, WOULD ALSO CONTINUE, THIS DRAFT GIVES THE SPECIAL AUTHORITY A SUPERVISORY ROLE OVER THE LOCAL POLICE, WHO WOULD BE ADMINISTERED BY THE COUNCIL'S DAY-TO-DAY, WITH "A REPRESENTATION" OF THE LOCAL RESIDENT ARGENTINE POPULATION ON THE FORCE CONTEMPLATED, THE FLAG PROYISION IS UNCHANGED. ARGENTINE CONCERN AT POSSIBLE UK DECISIONS OR LAWS INCONSISTENT WITH THE AGREEMENT BUT NOT SUBJECT TO SPECIAL AUTHORITY RATIFICATION HAS BEEN MET BY A NEW SUBPARAGRAPH (B) WH I CH IS INTENDED TO RESTATE THE OBV I OUS UK OBLIGATION TO RESPECT ITS COMMITMENTS UNDER THE AGREEMENT. PARAGRAPH 7 (TRAVEL, RIGHTS OF INHABITANTS) PARAGRAPH 7 (Al EXPANDS UPON THE SUBJECT COVERED IN PARAGRAPH 6 OF THE TEXT WORKED nUT IN LONDON. INCLUDING RESIDENCE AND MOYEMENT OF PERSONS AND RELATED PROPERTY QUESTIONS, AND CONTAINS A GENERAL OBLIGATION TO PROMOTE AND FACILITATE SUCH LINKS
ON AN EOUAL BASIS. SPECIFIC MEASURES HOWEVER, REMAIN IN THE FORM OF RECOMMENDATIONS FROM THE SPECIAL AUTHORITY. THE SCOPE OF SUCH RECOMMENDATIONS WOULD INCLUDE POSSIBLE ARRANGEMENTS FOR COMPENSATION OF ISLANDERS WISHING TO DEPART. THE TEXT ADDS A REOUIREMENT FOR GOVERNMENTS TO REPLY PROMPTLY (BUT NOT NECESSARILY AFFIRMATIVELY) TO SUCH RECOMMENDATIONS, AND FURTHER EMPOWERS THE AUTHORITY TO MONITOR IMPLEMENTATION OF PROPOSALS ADOPTED. BT
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PSN: 0'46244
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NOD I S PARAGRAPH 7 (B) HAD NO COUNTERPART IN THE TEXT WE DISCUSSED IN LONDON. IT DERIVES FROM AN ARGENTINE DESIRE TO DOCUMENT SUPPORT OF PROTECTION OF ISLANDER RIGHTS (PRESUMABLY UNDER A FUTURE ARGENTINE ADMINISTRATION RESULTING FROM THE AGREEMENT, BUT THE TIMING WAS UNCLEAR IN THEIR DRAFT). IT REFERS TO VARIOUS RIGHTS ENJOYED BY THE INHABITANTS HERETOFORE ON THE ISLANDS, AND SECURES THEM PENDING A DEFINITIVE SETTLEMENT ON AN EOUAL BASIS TO BOTH UK AND ARGENTINE RE ISDENTS. PARAGRAPH 8 (NEGOTI AT IONS) THIS PARAGRAPH HAS SEEN A NUMBER OF CHANGES. THE" INTERIM PERIOD" HAS NOW BEEN CLEARLY LINKED TO THE NEGOTIATION PROCESS IN AN ATTEMPT TO PERMIT OTHER SUBSTANTIVE PROVISIONS TO POTENTIALLY SURVIVE DECEMBER 31. THE TEXT DESCRIBES THE OBJECTIVE OF AN AGREEMENT ON "MODALITIES" BY WHICH THE ISLANDS MIGHT BE REMOVED FROM THE LIST UNDER CHAPTER XI OF THE UN CHARTER (FOLLOWING A UK SUGGESTION), AND ON MUTUALLY AGREED CONDITIONS FOR THEIR DEFINITIVE STATUS. THE "DECOLONIZATION" REFERENCE THEORETICALLY WOULD NOT PRECLUDE ANY KIND OF FUTURE STATUS FOR THE ISLANDS, EXCEPT PERHAPS THE STATUS OUO ANTE. MUTUAL AGREEMENT
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USDEL SECRETARY BUE 6@49
DTG: 191754Z APR 82
PSN: {H6244
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WAS VIEWED AS AN IMPORTANT ELEMENT BY THE ARGENTINES TO PRECLUDE UNILATERAL STEPS. THE CONDITIONS ARE STATED TO INCLUDE " 0U ERE GAR D" - WH ICH WILL 0BVIOU SLY VA RYIN WE IGH TIN THE EYE S OF THE TWO SIGNATORIES - FOR THE RIGHT OF THE INHABITANTS AND THE PRINCIPLE OF TERRITORIAL INTEGRITY "APPLICABLE TO THIS DISPUTE". THE ARG.ENTINES WILL ARGUE THAT THE RIGHTS OF THE INHABITANTS REFERS ONLY TO INDIVIDUAL RIGHTS, AND NOT A "COLLECTIVE" RIGHT OF SELF-DETERMINATION. THE ARGENTINES WILL ARGUE THAT A PRINCIPLE OF TERRITORIAL INTEGRITY WITH THE MAINLAND APPLIES; THE REFERENCE COULD EQUALLY BE ARGUED TO MEAN THE ISLANDS SHOULD NOT BE PARTITIONED OR DISMEMBERED IN THE PROCESS OF CHANGE OF STATUS. THESE REFERENCES I.N EFFECT RECALL THE DIFFERING POS ITIONS OF THE TWO PART IES THROUGHOUT TH IS DISPUTE. SELF-DETERMINATION IS REINFORCED BY UN CHARTER AND RESOLUT ION 1514 REFERENCES; THE ARGENT I NS CITE TERR I TOR IAL INTEGRITY LANGUAGE IN 1514 AND INSISTED ON REFERENCE TO UNGA RESOLUTIONS ON THE ISLANDS. EXPLICIT REFERENCE TO 20'65 IS RETAINED (THE UK ACCEPTED SUCH A REFERENCE IN THE 1971 AGREEMENT WIT H A RGEN A 0NTH E I 5L AND S), BUT THE REI S A SUB 0RDIN ATE TIN GENERAL REFERENCE TO THE OTHERS (INCLUDING RESOLUTION 31/49 WHICH THE UK OPPOSED). THESE RESOLUTIONS ARE DESCRIBED BY THE UN AGENDA HEADING UNDER WHICH THEY APPEAR, WITHIN QUOTATION MARKS AND INCLUDING THE ALTERNATIVE NAMES OF THE FALKLANDS. PARAGRAPH 8 (B) RESPONDS TO ARGENTINE CONCERN THAT GOOD FAITH NEGOTIATIONS MAY NOT OCCUR TO PRODUCE A RESULT BY THE DEADLINE. US ASSISTANCE TO THE NEGOTIATIONS WOULD BE CONDITIONAL ON A REQUEST FROM BOTH GOVERNMENTS.
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