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SECRET - 2 - of the hard decisions we ought to make now on the Spanish bases. Even settlement on a satisfactory military assistance package for such a short period wouldire awkward, because from our point of view a one-year quid pro quo need not equal one-fifth of our offer for full renewal, and the long lead times for supply of sophisticated aircraft such as the F-4 (up to two years) would greatly complicate the matter. 3. Reply to Spanish Ambassador Aguirre also returned to the theme that the Spanish Government wishes a formal reply to the letter sent to Secretary Rogers by Ambassador Merry del Val shortly after the last visit of Foreign Minister Castiella in March. The letter requested an official US Government definition of the juridical status of our Defense Agreement with the Spanish. The request grew out of Spanish apprehensions over Congressional comments -- especially those by Senator Fulbright to the effect that our commitments to Spain under the base agreement would not be binding since no formal treaty had ever been approved by the Senate. The letter has been acknowl- edged, but State felt it was both unwise to commit to paper any more formal definition of our obligations to Spain than they received in 1963, and un- necessary to defend the validity of an Executive Agreement regardless of idle Congressional comments. Aguirre and Johnson have agreed to meet again on Monday afternoon, May 19 for further discussions, and hopefully for formal agreement on the proposal for unlimited consultation. The latter of course introduces a new element into the negoriations. On one hand, there is a temptation for us simply to relax and allow the entire matter to stand still for the indefinite future, since we are perfectly satisfied with the existing situation. This possibly might lead to our de facto tenure of the bases in Spain without formal renewal, in much the same way we continue to exercise our base rights in the Azores with the sanction of the Portuguese. I seriously doubt that the Spanish would really be willing to accept wuch an outcome however. On the other hand, this proposal to allow more extended consultation gives us time for a new look at our own position on the Spanish bases, either through the Under Secretaries Committee or through the vehicle of the outstanding NSSM on Spain in the NSC. As my May 12 memorandum pointed out, in view of the general worsening of the atmosphere of the negotiations, and persistent difficulties with Congress on the proposed funding solution, there may be merit in a general review of our earlier decisions on this matter. SECRET

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    "ocrText": "SECRET\n- 2 -\nof the hard decisions we ought to make now on the Spanish bases. Even\nsettlement on a satisfactory military assistance package for such a short\nperiod wouldire awkward, because from our point of view a one-year quid\npro quo need not equal one-fifth of our offer for full renewal, and the long\nlead times for supply of sophisticated aircraft such as the F-4 (up to two\nyears) would greatly complicate the matter.\n3. Reply to Spanish Ambassador\nAguirre also returned to the theme that the Spanish Government\nwishes a formal reply to the letter sent to Secretary Rogers by Ambassador\nMerry del Val shortly after the last visit of Foreign Minister Castiella\nin March. The letter requested an official US Government definition of\nthe juridical status of our Defense Agreement with the Spanish. The request\ngrew out of Spanish apprehensions over Congressional comments --\nespecially those by Senator Fulbright to the effect that our commitments\nto Spain under the base agreement would not be binding since no formal\ntreaty had ever been approved by the Senate. The letter has been acknowl-\nedged, but State felt it was both unwise to commit to paper any more formal\ndefinition of our obligations to Spain than they received in 1963, and un-\nnecessary to defend the validity of an Executive Agreement regardless\nof idle Congressional comments.\nAguirre and Johnson have agreed to meet again on Monday afternoon,\nMay 19 for further discussions, and hopefully for formal agreement on the\nproposal for unlimited consultation.\nThe latter of course introduces a new element into the negoriations.\nOn one hand, there is a temptation for us simply to relax and allow the\nentire matter to stand still for the indefinite future, since we are perfectly\nsatisfied with the existing situation. This possibly might lead to our\nde facto tenure of the bases in Spain without formal renewal, in much the\nsame way we continue to exercise our base rights in the Azores with the\nsanction of the Portuguese. I seriously doubt that the Spanish would really\nbe willing to accept wuch an outcome however.\nOn the other hand, this proposal to allow more extended consultation\ngives us time for a new look at our own position on the Spanish bases,\neither through the Under Secretaries Committee or through the vehicle\nof the outstanding NSSM on Spain in the NSC. As my May 12 memorandum\npointed out, in view of the general worsening of the atmosphere of the\nnegotiations, and persistent difficulties with Congress on the proposed\nfunding solution, there may be merit in a general review of our earlier\ndecisions on this matter.\nSECRET"
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