Department of State

Washington DC

Secret November 12, 1971

Memorandum for Mr. Henry A. Kissinger

The White House

 

Subject: Pakistan Military Supply: Commerce Licenses

 

The actions we have taken with the Pakistanis to dry up the military supply pipeline affect only items on the Munitions List licensed by the Department of State. They will not affect the items licensed by the De­partment of Commerce which include material of possible military use, such as some aircraft, aircraft spares, helicopters and communications equipment. Fifteen licenses pending in Commerce, mostly for ail-craft spare parts, have a total value of $593,961. The Commerce Department, sensitive to the problems involved, has referred these licenses to the Department of State for informal review.

 

Several of the items covered by these fifteen licenses could cause us major problems and embarrassment with the Congress and the public. Public knowledge of their release, which we must anticipate, would open us to charges that (a) some of the items, such as helicopters and aircraft spare parts, could be used militarily in East Pakistan and (b) in approving such items the Executive Branch was circumventing the re­cently announced decision, worked out in conjunction with the Gov­ernment of Pakistan, to terminate the military supply pipeline.

 

Because of the potentially serious Congressional and public relations problems involved, and the small dollar value of the items being con-

sidered, we plan to discuss the Commerce license question informally with the Pakistan Embassy. These informal discussions will be designed to work out a mutually agreeable procedure for handling licenses which would avoid embarrassing either government and undermining the ad­vantages which have resulted from the decision to dry up the military supply pipeline. We would point out to the Pakistanis that unless re­quests for some of the items which could have military use are with­drawn we believe there-would be very adverse Congressional reaction which could result in Congressional restrictions being imposed on all Commerce licenses for aircraft spares and related equipment. (Items in the militarily sensitive category, which the Pakistanis might wish to consider withdrawing, have a value of about $180,000; more than $170,000 of this amount covers a recent request for three helicopters.)

 

With regard to future handling of Commerce items we would suggest to the Embassy that we institute a procedure under which the Department of Commerce will consult with the Department of State before licensing items of potential military use. The State Department in turn would con­sult with the Pakistan Embassy and would informally suggest that the Embassy might wish to withdraw the requests for items which, because of their potential military use, could cause us problems.

 

During your discussion with Major General Inam-ul Haq on September 10, General Haq raised the question of disposition of some 50-60 tons of unlicensed military supply items in the possession of Pakistani agents here. You indicated that we would look into this question. We have ex­amined the problem and have concluded that there is no way to permit export of these items without violating our own stated policy on mili­tary supply for Pakistan which prohibits issuance of new licenses or re­newal of expired ones. A departure from this policy is bound to be pub­licized and severely criticized from the press and Congress. We can, however, be helpful to the Pakistanis by reabsorbing into Defense and by assisting the Pakistanis in finding buyers for other items. With your concurrence, the Department of Defense will inform the Pakistanis of our willingness to help in this way and proceed with the appropriate technical discussions.

 

Theodore L. Eliot, Jr.

Executive Secretary

 

 

 

Source: Bangladesh Liberation War and the Nixon House 1971, Enayetur Rahim and Joyce L. Rahim, Pustaka Dhaka, p – 339 - 340