Department of State

Washington DC

November 12, 1971

Confidential

Memorandum for Mr. Henry A. Kissinger

 

Subject: Loan of US Submarine to Pakistan

 

The Department has decided to take no action with respect to the ex­pired loan of the submarine USS Diablo (SS 479) now in the hands of the Pakistani Navy. The loan of the Diablo, made in 1964, expired in 1969. However, the US Government did have legislative authority to renew it until February 1971. (Loans of combatant ships are subject to specific legislative authorization.) Before renewal could be completed, the civil strife in East Pakistan began and no further action has been taken since that time.

 

The options open to us regarding the Diablo were:

(a) Renew the loan.

(b) Terminate the loan and recall the ship.

(c) Take no action pending normalization of the situation in Pakistan.

Option (a) was not practical because renewal action would be likely to become known policy and lead to a new round of criticism of our arms supply to Pakistan from Congress and the press.

 

Option (b) would have impacted negatively on our relationship with Pakistan and, in fact, would be almost impossible to carry out if the GOP simply refused to return the vessel. (The vessel is old and of no real value to the United States Navy.)

 

We may be called upon to explain our non-action (Option (c)) to Con­gress which will presumably be critical of the Executive for, in effect, flouting the law. However, our failure to pursue renewal of the loan is consistent with our current arms supply policy toward Pakistan and could be explained as falling within the general suspension of arms supplies. Also, it could be pointed out that Diablo is unlikely to be used in the current trouble in East Pakistan and, because of its age and con­dition, would be unlikely to play a significant role in any war between India and Pakistan.

 

In addition to the Diablo, we have a minor vessel on loan to Pakistan - - the fleet oiler USS Mission Santa Clara. This loan expired also, but un­like the submarine legislative authority is not required for renewal. We have also elected, in the case of the oiler, to take no action pending normalization of the situation in Pakistan.

 

Precedents for our non-action exist in Peru where we have two destroy­ers the loans for which expired in 1966 and 1970. In the legislation to renew the earlier loan (USS Isherwood), Congress specified that the agreement to extend the loan should be subject to the condition that it would be immediately terminated if the host country seizes US fishing vessels on the high seas. The GOP has not been disposed to sign such a renewal agreement and we allowed the loan to continue without an agreement. The GOP has thus far failed to respond to an offer to renew the more recent loan (USS Benham -- not subject to the Isherwood re­striction) and, in view of the current state of relations with Peru and our experience with the Isherwood, we are reluctant to press the matter at this time.

 

Theodore L. Eliot, Jr.

Executive Secretary

 

 

Source: Bangladesh Liberation War and the Nixon House 1971, Enayetur Rahim and Joyce L. Rahim, Pustaka Dhaka, p – 337 - 339