Ask the Scholar

Document scope · 1 page
doc
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory. For page-specific OCR and visual context, open one of the page chats.

Scholar Source Context

Document identity
localId
453248063
label
March 1989 [6]
core
doc
dtoType
document
pageCount
1
Source metadata
Source extras
naId
453248063
coverageEndDate
logicalDate
1989-03-31
month
3
year
1989
coverageStartDate
logicalDate
1989-03-01
month
3
year
1989
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
2d9267d121dd118d
ocrText
Originally Processed With FOIA(s): FOIA Number: 2011-0298-F 2011-0298-F FOIA MARKER This is not a textual record. This is used as an administrative marker by the George Bush Presidential Library Staff. Record Group/Collection: George H.W. Bush Presidential Records Collection/Office of Origin: National Security Council Series: Blackwill, Robert D., Files Subseries: Chronological Files OA/ID Number: 30541 Folder ID Number: 30541-005 Folder Title: March 1989 [6] Stack: Row: Section: Shelf: Position: V O 0 0 0 NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20506 SECRET 1030 AO March 2, 1989 INFORMATION MEMORANDUM FOR BRENT SCOWCROFT THROUGH: ROBERT BLACKWILL R3 FROM: CONDOLEEZZA RICE CR SUBJECT: Your meeting with Jack Matlock on March 3, 1989, 8:45 a.m. to 9:15 a.m., in your office Jack Matlock has recently sent a series of cables outlining his views of Soviet foreign and domestic policy and the implications for U.S. policy. This meeting should provide an opportunity to draw him out on some of his interesting ideas. You might also wish to ask the Ambassador's views on the purpose and scope of the Shevardnadze-Baker meeting in Vienna. Matlock's cables argue that the process of reform in the Soviet Union is SO difficult and protracted that the leadership will be preoccupied with internal problems throughout at least the first Bush Administration. The Soviet leadership has, he argues, declared the system bankrupt and must now deal with the consequences, including increasing public disorder and growing resistance both from radical reformers and reactionaries. Given this internal preoccupation, Matlock sees no alternative = current Soviet foreign policy which seeks a benign international environment and generally cooperative relations with the West. Matlock believes that American leverage over Moscow's affairs, while not unlimited, is greater now than at any other time. This leverage, he says, should not be used to "help Gorbachev" but to push the reforms in directions that are favorable to us; democratization of the Soviet political system, demilitarization of Soviet foreign policy and establishment of a freer, market- oriented economy. DECLASSIFIED PER E.O. 13526 2011- 1588 MR SCS 12/6/12 SECRET Declassify on: OADR SECRET 2 Matlock's most controversial proposal is that we develop a more aggressive policy in regard to East-West economic relations, using the economic lever to promote change in the Soviet Union. Matlock stops short of suggesting that the U.S. government subsidize or guarantee commercial activity but does say that we should define for Soviet policy makers the conditions under which the Administration would encourage and facilitate trade and investment in areas not prohibited by COCOM. In short, the core argument of this very interesting cable is that we have greater leverage now over Moscow because there is SO much that the Soviet Union needs; in particular, economic resources and the knowhow of the Western business community. The Matlock message stops short of its logical conclusion. Moscow is in the midst of domestic turmoil and is looking to the outside world for ideas and resources to rebuild a failing system. It is his implicit assumption that we can leverage that situation to make dramatic progress across the U.S. -Soviet agenda. This is an argument for setting our sights on literally transforming the character of the Soviet Union at home and abroad. SECRET 1323 NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20506 March 2, 1989 ACTION MEMORANDUM FOR BRENT SCOWCROFT THROUGH: CAROL A. PAQUETTE FROM: ROBERT D. BLACKWILL RB SUBJECT: Travel Orders for Rudolf V. Perina Brussels, Belgium, March 8-11, 1989 Rudy Perina will be accompanying the White House Advance Team to Brussels, Belgium next week for consultation and site surveys for the NATO Summit. Rudy has served at NATO where he coordinated President Reagan's November 1985 visit, and in the NSC he worked on the previous NATO Summit in March 1988. This is not a projected trip. NSC is requested to pick up per diem and partial airfare. RECOMMENDATIONS 1. That you sign the travel authorization at Tab I. Approve Disapprove 2. That you authorize G. Philip Hughes to sign the memorandum at Tab II informing State of this travel. Approve Disapprove Attachments Tab I Travel Authorization Tab II Hughes Memo to Levitsky Annex II NSC STAFF TRAVEL AUTHORIZATION DATE: March 2, 1989 1. TRAVELER'S NAME: Rudolf V. Perina 2. PURPOSE (S), EVENT (S), DATE (S) : Designated NSC rep to accompany the WH Advance Team to Brussels, Belgium March 8-11, 1989 for consultation/site surveys for the NATO Summit. 3. ITINERARY (Please Attach Copy of Proposed Itinerary) : Mar 8 LV Dulles PA #106 6:10 PM; Arr Mar 9 London 06:20 AM; Mar 9 LV London PA #106 8:20 AM; Arr Brussels, Belgium 10:25 AM (Tentative) Mar 10/11 LV Brussels 0600 AM, AR Andrews AFB 9:15 PM DEPARTURE DATE March 8, 1989 RETURN DATE March 10/11, 1989 (Tentative) TIME 6:10 PM TIME 9:15 PM (March 10) Dulles Airport Andrews AFB 4. MODE OF TRANSPORTATION: GOV AIR XX COMMERCIAL AIRXX POV RAIL OTHER 5. ESTIMATED EXPENSES: (Per Day) TRANSPORTATION $296 PER DIEM$133 OTHER TOTAL TRIP COST 6. WHO PAYS EXPENSES: NSC XX . OTHER 7. IF NOT NSC, DESCRIBE SOURCE AND ARRANGEMENTS: 8. WILL FAMILY MEMBER ACCOMPANY YOU: YES NO XX 9. IF so, WHO PAYS FOR FAMILY MEMBER (If Travel Not Paid by Traveler, Describe Source and Arrangements): 10. TRAVEL ADVANCE REQUESTED: $ $250 11. REMARKS (Use This Space to Indicate Any Additional Items You Would Like to Appear on Your Travel Orders) : Use of Taxi (s) in TDY area (s). 50% Per Diem requested for traveler and authorization for Embassy to pay hotel cost on reimbursable basis. 12. TRAVELER'S SIGNATURE: Rudolf P.O.P. V. Perina 13. APPROVALS: Ambassador Robert D. Blackwill RESEDBETTO Carol A. Paquette Brent Scowcroft NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20506 1323 MEMORANDUM FOR MELVYN LEVITSKY Executive Secretary Department of State SUBJECT: NSC Staff Foreign Travel - Brussels, Belgium March 8-11, 1989 NSC Staff Rudolf V. Perina Member: Director for European and Soviet Affairs Purpose of Travel: The NSC has designated Rudolf V. Perina to be the NSC representative accompanying the White House Advance Team for consultation and site surveys in Brussels from March 8-11 for the NATO Summit. ITINERARY Date City/Country Major Event/Meeting March 8-11 Brussels, Belgium Consultation/Site Surveys for the NATO Summit. G. Philip Hughes Executive Secretary NATIONAL SECURITY COUNCIL SECRET WASHINGTON, D.C. 20506 1030 AO March 2, 1989 INFORMATION MEMORANDUM FOR BRENT SCOWCROFT THROUGH: ROBERT BLACKWILL RB FROM: CONDOLEEZZA RICE CR SUBJECT: Your meeting with Jack Matlock on March 3, 1989, 8:45 a.m. to 9:15 a.m., in your office Jack Matlock has recently sent a series of cables outlining his views of Soviet foreign and domestic policy and the implications for U.S. policy. This meeting should provide an opportunity to draw him out on some of his interesting ideas. You might also wish to ask the Ambassador's views on the purpose and scope of the Shevardnadze-Baker meeting in Vienna. Matlock's cables argue that the process of reform in the Soviet Union is SO difficult and protracted that the leadership will be preoccupied with internal problems throughout at least the first Bush Administration. The Soviet leadership has, he argues, declared the system bankrupt and must now deal with the consequences, including increasing public disorder and growing resistance both from radical reformers and reactionaries. Given this internal preoccupation, Matlock sees no alternative to current Soviet foreign policy which seeks a benign international environment and generally cooperative relations with the West. Matlock believes that American leverage over Moscow's affairs, while not unlimited, is greater now than at any other time. This leverage, he says, should not be used to "help Gorbachev" but to push the reforms in directions that are favorable to us; democratization of the Soviet political system, demilitarization of Soviet foreign policy and establishment of a freer, market- oriented economy. DECLASSIFIED PER E.O. 13526 2011-1588-MR SCS 12/6/12 SECRET Declassify on: OADR SECRET 2 Matlock's most controversial proposal is that we develop a more aggressive policy in regard to East-West economic relations, using the economic lever to promote change in the Soviet Union. Matlock stops short of suggesting that the U.S. government subsidize or guarantee commercial activity but does say that we should define for Soviet policy makers the conditions under which the Administration would encourage and facilitate trade and investment in areas not prohibited by COCOM. In short, the core argument of this very interesting cable is that we have greater leverage now over Moscow because there is SO much that the Soviet Union needs; in particular, economic resources and the knowhow of the Western business community. The Matlock message stops short of its logical conclusion. Moscow is in the midst of domestic turmoil and is looking to the outside world for ideas and resources to rebuild a failing system. It is his implicit assumption that we can leverage that situation to make dramatic progress across the U.S. -Soviet agenda. This is an argument for setting our sights on literally transforming the character of the Soviet Union at home and abroad. SECRET NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20506 SECRET 1030 AO March 2, 1989 ACTION MEMORANDUM FOR BRENT SCOWCROFT THROUGH: ROBERT BLACKWILL RB FROM: CONDOLEEZZA RICE CR SUBJECT: President's Meeting with Ambassador Jack Matlock, Friday, March 3, 9:15 a.m., Oval Office The President's meeting memorandum for his meeting with Ambassador Matlock is provided at Tab I. RECOMMENDATION That you sign the memorandum at Tab I for the President concerning the subject meeting. Approve Disapprove Attachment Tab I Meeting Memorandum for the President SECRET Declassify on: OADR DECLASSIFIED PER E.O. 13526 2012-1566-MR 10/17/2013 MM SECRET THE WHITE HOUSE SECRET WASHINGTON 1030 AO MEETING WITH JACK F. MATLOCK DATE: March 3, 1989 LOCATION: Oval Office TIME: 9:15 - 9:30 a.m. FROM: BRENT SCOWCROFT I. PURPOSE Jack Matlock is in Washington for consultations. He will accompany Jim Baker to Vienna for his meetings with Soviet Foreign Minister Shevardnadze. He wants to give you his assessment of the situation in the Soviet Union and the implications for U.S. policy. II. BACKGROUND Jack Matlock has recently sent a series of cables laying out his view of Soviet internal and foreign policy over the next several years and the implications of those policies for U.S. -Soviet relations. While he believes that Gorbachev's personal power is secure, the problems are mounting, particularly in the economy. The problems are serious enough, Matlock argues, that we can expect the Soviet Union to be preoccupied with internal reform for the next several years. In foreign policy he thus believes Moscow will thus seek a cooperative relationship with us and with the international community as a whole. Jack also thinks that U.S. leverage, while not unlimited, has never been greater. That leverage should be used not to "help" Gorbachev but to promote U.S. interests, which Matlock describes as the long- term transformation of the Soviet Union into a society with effective constraints on the use of military force outside its borders. Matlock's most innovative (and controversial) proposal is that we sharply increase the pace and intensity of economic relations with the Soviet Union. He speaks of the "economic lever" to promote the changes in the Soviet Union congenial to our interests. Matlock SECRET Declassify on: OADR PER DECLASSIFIED E.O. 13526 SECRET Es 5/28/15 SECRET SECRET 2 suggests that we define for Soviet policy makers, explicitly, the conditions for U.S. government facilitation of unsubsidized trade and investment in areas not prohibited by COCOM. He is not recommending that the United States subsidize joint ventures or other private commercial activities. He does believe that Jackson-Vanik should be reviewed, because Soviet emigration practices may soon be in compliance with the law's requirements. III. PARTICIPANTS Brent Scowcroft, Robert Gates, Jack Matlock, Robert Blackwill and Condoleezza Rice IV. PRESS PLAN None V. SEQUENCE The President will welcome the Ambassador and make a few remarks about our hopes for U.S. -Soviet relations and for the upcoming Baker-Shevardnadze meeting. The Ambassador will apprise the President of his views on the situation in Moscow and the implications for U.S.- - Soviet relations. Prepared by: Condoleezza Rice SECRET SECRET BLACKWILL SECRET 1424 NATIONAL SECURITY COUNCIL SECRET WASHINGTON, D.C. 20506 Natl Sec Advisor has seen March 2, 1989 INFORMATION MEMORANDUM FOR BRENT SCOWCROFT THROUGH: ROBERT BLACKWILL RB FROM: CONDOLEEZZA RICE CR SUBJECT: Your meeting with Jack Matlock on March 3, 1989, 8:45 a.m. to 9:15 a.m., in your office Jack Matlock has recently sent a series of cables outlining his views of Soviet foreign and domestic policy and the implications for U.S. policy. This meeting should provide an opportunity to draw him out on some of his interesting ideas. You might also wish to ask the Ambassador's views on the purpose and scope of the Shevardnadze-Baker meeting in Vienna. Matlock's cables argue that the process of reform in the Soviet Union is SO difficult and protracted that the leadership will be preoccupied with internal problems throughout at least the first Bush Administration. The Soviet leadership has, he argues, declared the system bankrupt and must now deal with the consequences, including increasing public disorder and growing resistance both from radical reformers and reactionaries. Given this internal preoccupation, Matlock sees no alternative to current Soviet foreign policy which seeks a benign international environment and generally cooperative relations with the West. Matlock believes that American leverage over Moscow's affairs, while not unlimited, is greater now than at any other time. This leverage, he says, should not be used to "help Gorbachev" but to push the reforms in directions that are favorable to us; democratization of the Soviet political system, demilitarization of Soviet foreign policy and establishment of a freer, market- oriented economy. DECLASSIFIED PER E.O. 13526 2012-1567-MR SCS 12/6/12 SECRET Declassify on: OADR SECRET SECRET 2 Matlock's most controversial proposal is that we develop a more aggressive policy in regard to East-West economic relations, using the economic lever to promote change in the Soviet Union. Matlock stops short of suggesting that the U.S. government subsidize or guarantee commercial activity but does say that we should define for Soviet policy makers the conditions under which the Administration would encourage and facilitate trade and investment in areas not prohibited by COCOM. In short, the core argument of this very interesting cable is that we have greater leverage now over Moscow because there is SO much that the Soviet Union needs; in particular, economic resources and the knowhow of the Western business community. The Matlock message stops short of its logical conclusion. Moscow is in the midst of domestic turmoil and is looking to the outside world for ideas and resources to rebuild a failing system. It is his implicit assumption that we can leverage that situation to make dramatic progress across the U.S. -Soviet agenda. This is an argument for setting our sights on literally transforming the character of the Soviet Union at home and abroad. SECRET DECLASSIFIED BLACKWILL PER E.O. 13526 SECRET 1424 A/O 2012-1566-MR Es 5/28/15 THE WHITE HOUSE SECRET WASHINGTON March 2, 1989 THE PRESIDENT HAS SEEN MEETING WITH JACK F. MATLOCK DATE: March 3, 1989 LOCATION: Oval Office TIME: 9:15 - 9:30 a.m. FROM: BRENT SCOWCROFT Refer I. PURPOSE Jack Matlock is in Washington for consultations. He will accompany Jim Baker to Vienna for his meetings with Soviet Foreign Minister Shevardnadze. He wants to give you his assessment of the situation in the Soviet Union and the implications for U.S. policy. II. BACKGROUND Jack Matlock has recently sent a series of cables laying out his view of Soviet internal and foreign policy over the next several years and the implications of those policies for U.S. -Soviet relations. While he believes that Gorbachev's personal power is secure, the problems are mounting, particularly in the economy. The problems are serious enough, Matlock argues, that we can expect the Soviet Union to be preoccupied with internal reform for the next several years. In foreign policy he believes Moscow will seek a cooperative relationship with us and with the international community as a whole. Jack also thinks that U.S. leverage, while not unlimited, has never been greater. That leverage should be used not to "help" Gorbachev, but to promote U.S. interests, which Matlock describes as the long- term transformation of the Soviet Union into a society with effective constraints on the use of military force outside its borders. Matlock's most innovative (and controversial) proposal is that we sharply increase the pace and intensity of economic relations with the Soviet Union. He speaks of the "economic lever" to promote changes in the Soviet Union congenial to our interests. Matlock SECRET CC: Vice President Chief of Staff SECRET SECRET SECRET 2 suggests that we define for Soviet policy makers, explicitly, the conditions for U.S. government facilitation of unsubsidized trade and investment in areas not prohibited by COCOM. He is not recommending that the United States subsidize joint ventures or other private commercial activities. He does believe that Jackson-Vanik should be reviewed, because Soviet emigration practices may soon be in compliance with the law's requirements. III. PARTICIPANTS Brent Scowcroft, Robert Gates, Jack Matlock, Robert Blackwill and Condoleezza Rice IV. PRESS PLAN White House Photographer only V. SEQUENCE Photo-op followed by Ambassador's briefing on the situation in the Soviet Union and the implications for U.S.-Soviet relations. Attachment Tab A Biography Prepared by: Condoleezza Rice SECRET SECRET JACK F. MATLOCK, JR. AMBASSADOR TO THE SOVIET UNION Mr. Matlock became the United States Ambassador to the Soviet Union in March, 1987. A career Foreign Service Officer, Mr. Matlock served as Special Assistant to the President for National Security Affairs and Senior Director for European and Soviet Affairs on the National Security Council staff from mid-1983 until his appointment to Moscow. Mr. Matlock was United States Ambassador to Czechoslovakia from November 1981 until September 1983. He earlier served three tours of duty at the American Embassy in Moscow: in 1981 as Charge d'Affaires, from 1974-78 as Deputy Chief of Mission, and from 1961-63 as consular officer and political officer specializing in Soviet internal affairs. He also was Director of the Office of Soviet Union Affairs in the Department of State from 1971-74 and worked as a research analyst on Soviet affairs in the State Department from 1956-58. He participated in most U.S.-Soviet Summit meetings from the early 1970's, including the Nixon-Brezhnev meetings in 1972, 1973 and 1974, and the Reagan- Gorbachev meetings in Geneva and Reykjavik. Mr. Matlock spent seven years in Africa, from 1963-70, serving as Political Officer at the American Embassy in Accra, Ghana, from 1963-66, then as Principal Officer in charge of the American Consulate in Zanzibar from 1967-69, and finally as Charge d'Affaires and Deputy Chief of Mission at the American Embassy in Dar-es-Salaam, Tanzania. His earlier Foreign Service assignments included a tour as consular officer in Vienna, Austria from 1958-60. Mr. Matlock was Deputy Director of the Foreign Service Institute from 1979-80 and Visiting Professor of Political Science and Diplomat-in-Residence at Vanderbilt University during the 1978-79 academic year. A native of Greensboro, North Carolina, he received his A.B. summa cum laude from Duke University in 1950. He pursued graduate studies at Columbia University, receiving a Certificate of the Russian Institute in 1952 and a M.A. in Slavic Languages and Literature the same year. From 1952-53 Mr. Matlock worked as an editor and translator on the Current Digest of the Soviet Press. He joined the faculty of Dartmouth College in 1952 as Instructor in Russian language and literature where he stayed until his entry into the Foreign Service in 1956. Mr. Matlock is the author of a handbook to the 13-volume Russian edition of Stalin's Collected Works (Washington, 1955; 2nd ed. N.Y., 1971), and has published articles on Soviet foreign policy, Soviet government and Russian literature in the American Slavic and East European Review, Russian Review, Saturday Review, New Republic, Survey, and the Political Science Reviewer. He speaks Russian, French, German, Swahili, and Czech. Mr. Matlock is married to the former Rebecca Burrum, and they have a daughter and four sons. SUSPENSE 1424 A/O NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20506 SECRET March 2, 1989 ACTION MEMORANDUM FOR BRENT SCOWCROFT THROUGH: ROBERT BLACKWILL RB FROM: CONDOLEEZZA RICE CR SUBJECT: President's Meeting with Ambassador Jack Matlock, Friday, March 3, 9:15 a.m., Oval Office The President's meeting memorandum for his meeting with Ambassador Matlock is provided at Tab I. RECOMMENDATION That you sign the memorandum at Tab I for the President concerning the subject meeting. Approve Disapprove Attachment Tab I Meeting Memorandum for the President DECLASSIFIED SECRET PER E.O. 13526 Declassify on: OADR 2012-1566-mr 10/17/2013 MM 1121 NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20506 March 2, 1989 OKD ACTION MEMORANDUM FOR BRENT SCOWCROFT THROUGH: ROBERT BLACKWILL RB FROM: CONDOLEEZZA RICE SUBJECT: Transmission to Congress of the Consular Convention between U.S. and Yugoslavia for Ratification The memorandum from you to the President at Tab I recommends that he transmit the Consular Convention between the U.S. and Yugoslavia, signed June 6, 1988, to the Senate for advice and consent to ratification. The letter submitting the Convention to the Senate is at Tab A, the full text of the Convention is at Tab C. The Convention is intended to facilitate American and Yugoslav consuls in extending assistance to citizens in need and should, according to State, contribute to commercial contacts between the two countries. The most significant provision protects the right of detained or arrested nationals to assistance from the consuls. It also guarantees that consuls will be notified in a period not to exceed three days when nationals are detained or arrested. Several routine functions are covered by the Convention; assurance of reciprocal issuance of passports and visas and representation of the interest of nationals in estate matters. The Consular Convention with Yugoslavia supplements other existing agreements, including a similar convention with Serbia (1881), and the Vienna Convention on Consular Relations of 1963. 2 RECOMMENDATION That you sign the memorandum to the President recommending that he submit the Convention to the Senate for advice and consent to ratification. Approve Disapprove Attachments Tab I Memorandum to the President Tab A Transmittal Message to the Senate Tab B Secretary of State's. Memo to the President Tab C Treaty 1121 THE WHITE HOUSE WASHINGTON ACTION MEMORANDUM FOR THE PRESIDENT FROM: BRENT SCOWCROFT SUBJECT: Transmission to Congress of the Consular Convention between U.S. and Yugoslavia for Ratification Issue The Department of State has submitted the Consular Convention between the United States and Yugoslavia, signed June 6, 1988 and asks that you transmit it to the Senate for advice and consent to ratification. The full text of the Convention is at Tab C. Fact The Convention facilitates consular activities on a reciprocal basis and supplements the provisions of the Convention between Serbia and the United States of 1881 and the provisions of the Vienna Convention on Consular Relations of 1963. Discussion The Convention is intended to facilitate American and Yugoslav consuls in extending assistance to citizens in need and should, according to State, contribute to commercial contacts between the two countries. The most significant provision protects the right of detained or arrested nationals to communicate and receive assistance from the consuls. It also guarantees that consuls will be notified in a period not to exceed three days when nationals are detained or arrested. Several routine functions are covered by the Convention assurance of reciprocal issuance of passports and visas and representation of the interest of nationals in estate matters. The Consular Convention with Yugoslavia supplements other existing agreements including a similar convention with Serbia (1881) and the Vienna Convention on Consular Relations of 1963. 2 Recommendation I recommend that you sign the letter of transmittal at Tab A. Attachments Tab A Transmittal Message to the Senate Tab B Secretary of State's Memorandum Tab C Treaty TO THE SENATE OF THE UNITED STATES: I am transmitting, for the Senate's advice and consent to ratification, the Consular Convention between the United States of America and the Socialist Federal Republic of Yugoslavia signed at Belgrade June 6, 1988. I am also transmitting, for the information of the Senate, the report of the Department of State with respect to the Convention. The signing of this Convention is a significant step in the process of improving and broadening the relationship between the United States and Yugoslavia. Consular relations between the two countries are not the subject of a modern bilateral agreement. This Convention will establish firm obligations on such matters as the notification of consular officers of the arrest and detention of their citizens and permission for consular officers to visit their citizens who are under detention and to protect the rights and interests of their nationals and juridical persons. The people of the United States and Yugoslavia enjoy a long tradition of friendship. I welcome the opportunity through this Consular Convention to improve further relations between our two countries. I urge the Senate to give the Convention its prompt and favorable consideration. 8902798 1121 DEPARTMENT OF STATE WASHINGTON February 22, 1989 The President: I have the honor to submit to you, with a view to its transmission to the Senate for advice and consent to ratification, the Consular Convention between the United States of America and the Socialist Federal Republic of Yugoslavia signed at Belgrade June 6, 1988. This Convention supplements the provisions of the Convention between Serbia and the United States of America of 1881 and the provisions of the Vienna Convention on Consular Relations of 1963. This Convention will greatly facilitate the ability of American and Yugoslav consuls to extend assistance to their fellow citizens in numerous ways and should contribute to the growth of travel and commercial contacts between the two countries. The specific consular functions and services which will be assured on a reciprocal basis include the issuance of passports and visas, performance of notarial services and the representation of the interests of nationals in estate matters. More significantly, the Convention assures that consuls whose nationals are arrested, detained or whose personal freedom is limited in any way will be immediately notified, in no event more than three The President, The White House. -2- calendar days after the date of detention, and will have the right to visit, communicate with, and provide necessary assistance to such nationals. The parties will permit visits as soon as possible, but not later than five days from the date on which the consular officer has submitted a request for a visit. The parties shall also permit consular officers to visit a national who, on the basis of a judicial decision, is in prison or is serving a sentence, at intervals not longer than one month. The Convention's provisions follow the pattern of bilateral consular conventions in force with a number of countries. Articles 2-6 provide for establishment of consular posts, notifications regarding assignments of officers and employees for such posts, and procedures for terminating their activities. Article 10 provides for inviolability of premises, and Article 11 provides for inviolability of consular archives. Under Article 13, consular officers and consular employees are entitled to immunity, with certain enumerated exceptions, from the judicial and administrative jurisdiction of the receiving state with respect to actions taken in the performance of consular functions. Articles 14-22 provide for additional privileges and immunities of consulates and of members of a consulate and their - 3 - families. These articles reflect prevailing international practice. Articles 24-43 relate to consular functions which include, in addition to the functions referred to above, representing the interests of nationals with respect to vessels and aircraft. On June 6, 1988, a Joint Statement on the subject of dual nationals was signed by representatives of the United States and Yugoslavia. This Joint Statement represents an understanding between the parties that, subject to certain conditions, consular officers will be entitled to notification of and contact with arrested Yugoslav nationals who are also U.S. nationals permanently residing in the United States. While the Joint Statement relates to consular matters addressed in the Convention, neither the United States nor Yugoslavia regard it as part of the Convention. This Consular Convention will facilitate our bilateral relations with the Socialist Federal Republic of Yugoslavia and advance the interests of nationals of both countries. I recommend that the Convention be transmitted to the Senate for its advice and consent to ratification. Respectfully submitted, Thinkad Husmard CONSULAR CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA The United States of America and the Socialist Federal Republic of Yugoslavia: Desiring to develop and regulate consular relations, and thereby to contribute towards further developing the friendly relations between the two countries, and to facilitate the protection of their national interests and of the rights and interests of their nationals, Desiring to supplement the provisions of the Vienna Convention on Consular Relations of 1963, Have decided to conclude this Consular Convention and have appointed as their plenipotentiaries for this purpose: For the United States of America: JOHN C. WHITEHEAD DEPUTY SECRETARY OF STATE For the Socialist Federal Republic of Yugoslavia: BUDIMIR LONCAR FEDERAL SECRETARY FOR FOREIGN AFFAIRS Who, having communicated to each other their respective full powers, which were found in good and due form, have agreed as follows: -2- PART I INTRODUCTION Article 1 DEFINITIONS For the purpose of the present Convention, the terms listed below snall nave the following meanings: (a) "Consulate" means a consulate-general, consulate, vice-consulate, or consular agency; (b) "Consular district" means the area assigned to a consulate for the exercise of consular functions; (c) "Head of a consulate means the consul-general, consul, vice-consul or consular agent who LS cnarged by the sending State to nead a consulate; (d) "Consular officer" means any person, including the head of a consulate, who is charged by the sending State with the performance of consular functions; (e) "Consular employee" means any person who performs administrative, technical, or service duties at a consulate; ( £ ) "Memper of a consulate means a consular officer or consular employee; (g) "Member OÍ the family" means the spouse, minor child or other relative of a member of a consulate wno LS part of nis nousenold and wno 1S dependent upon him; (h) "Consular premises' means buildings or parts of buildings, as well as the grounds ancillary thereto, used exclusively for the purposes of a consulate, regardless of ownership; -3- (i) "Consular archives" means all official correspondence, codes and ciphers, documents, records, files, tapes and books, office equipment, as well as office furniture intended for their storage and safekeeping; (j) "Vessel of the sending State" means any vessel sailing under the flag of the sending State, in accordance with the law of the sending State, excluding warships; (k) "Aircraft of the sending State" means any aircraft flying under the nationality and registration marks of the sending State, in accordance with the law of the sending State, excluding military aircraft; (1) "law" means For the United States of America - all federal, State and local laws, ordinances, regulations, resolutions and similar provisions having the force and effect of law, including determinations of courts and other judicial agencies; For the Socialist Federal Republic of Yugoslavia - regulations and other normative acts in the Socialist Federal Republic of Yugoslavia, which were brought into effect by appropriate Federal, Republic or provincial organs or appropriate other socio-political organs. -4- PART II ESTABLISHMENT OF CONSULATES, APPOINTMENT .OF MEMBERS OF A CONSULATE AND TERMINATION OF THEIR FUNCTIONS Article 2 ESTABLISHMENT OF CONSULATES 1. The sending State may estaolish a consulate in the receiving State only with the consent of the receiving State. 2. The seat of the consulate, its classification, and its consular district, as well as any changes pertaining thereto, shall be determined by agreement between the sending and receiving States. Article 3 APPOINTMENT OF THE HEAD OF A CONSULATE i. Prior to the appointment of the head of a consulate by the sending State, the consent of the receiving State concerning the proposed person shall be optained through diplomatic cnannels. 2. After the consent of the receiving State has been obtained, the sending State shall forward to the receiving State through diplomatic channels the consular commission or other similar document for the appointment of the nead of the consulate. This document shall contain the full name of the nead of the consulate, his cank, the seat of the consulate and the consular district in which he will exercise his functions. 3. The nead of tne consulate may enter upon the performance of his functions only after the receiving State has issued to him an exequatur -5- or other authorization. Upon the presentation of the consular commission or other similar document for tne appointment of the head of the consulate, the receiving State shail without delay issue to him an exequatur or other authorization. 4. The receiving State may permit the nead of a consulate to exercise his functions on a provisional Dasis until sucn time as an exequatur or other authorization has been issued. 5. The competent authorities ot the receiving State shall, immediately arter issuing the exequatur or other authorization or provisional recognition, take all measures necessary to enable the head of the consulate to exercise nis functions and to enjoy the rights, facilities, privileges and immunities granted him under this Convention and under the law of the receiving State. Article 4 TEMPORARY EXERCISE OF THE FUNCTIONS OF HEAD OF CONSULATE 1. If tor any reason the head or a consulate 13 unaole to exercise nis functions, or if the position of the head of consulate is vacant, the sending State may place its consulate under the temporary charge of a consular officer of the same or of another consulate of the sending State in the receiving State or a member of the diplomatic staff of the dimplomatic mission of the sending State in the receiving State. The sending State snall notify the receiving State in advance of the full name of the person appointed as acting nead of a consulate. -6- 2. A person appointed as acting nead of a consulate shall enjoy the same rights, facilities, privileges and immunities enjoyed by a head or a consulate under this Convention. 3. Entrusting a member of a diplomatic staff of the diplomatic ission or the sending State with the functions of acting head of a consulate does not limit the privileges and immunities to which he is entitled by virtue of his diplomatic status. Article 5 APPOINTMENT OF CONSULAR OFFICERS AND CONSULAR EMPLOYEES 1. The sending State may staff its consulate with the number of consular officers and consular employees it considers necessary. The eceiving State may, nowever, require tnat the number of such consular officers and consular employees De kept within the limits which it considers to be reasonabie, naving regard to existing circumstances and conditions in the consular district and the needs or the particular consulate. 2. Consular officers snall be nationals ot the sending State and shall be neither nationais nor permanent residents of the receiving State. 3. The sending State shall communicate in advance, in writing, to the receiving State the appointment of each consular officer, nis full name, functions and class. 4. The sending State shall also notify the receiving State in writing of: -7- (a) the arrival and entrance upon duty of persons appointed as members or a consulate, their full name, nationality, and functions, their final departure or termination of their functions, as well as other factors affecting their status which may arise while they are .orking in the consulate; (b) the arrival and final departure of members of the family of a member or the consulate and when such an individual becomes or ceases to be a member of the family; (c) the employment or termination of employment of the member of consulate who 1S a national or permanent resident of the receiving State. Article 6 DECLARING PERSONA NON GRATA AND TERMINATING FUNCTIONS OF MEMBERS OF A CONSULATE 1. The receiving State may at any time, witnout expianation, notify the sending State through diplomatic cnannels that a consular officer nas oecome persona non grata or that a consular employee is unacceptable. In such case, the sending State shall recall sucn person or terminate nis functions in the consulate. 2. If the sending State fails within a reasonable time to carry out the obligations under paragraph 1 of this Article, the receiving State may cease to consider the person concerned as a member or the consulate. 3. A person appointed as a member of the consular post may be deciared unacceptable before arriving in the territory of the receiving -8- State, or if already in the receiving State, before entering on his duties with the consular post. In such a case, the sending State shall withdraw his appointment. The receiving State shall not be obliged to give the sending State reasons for its decision. 4. The functions OI a member of a consulate shall come to an end, incer alia, upon the: (a) notification by the sending State to tne receiving State that nis functions nave come to an end; (b) witndrawai by the receiving State of the exequatur or other authorization; or (c) notification by the receiving State to the sending State that the receiving State has ceased to consider tne person as a member of the consulate. PART III RIGHTS, FACILITIES, PRIVILEGES, AND IMMUNITIES Article 7 FACILITIES FOR THE PERFORMANCE OF CONSULAR FUNCTIONS AND PROTECTION OF MEMBERS OF A CONSULATE 1. The receiving State snall insure the proper conditions for the normal operation of a consulate and snall accord cull facilities for the performance of the functions of the consulate. 2. The receiving Scate snail treat consular orficers with due respect and afford appropriate protection to prevent any attack upon tneir person, freedom or dignity. It further snall take all measures -3- necessary to insure that consular officers are able to perform their functions and enjoy the rignts, racilities, priviliges and immunities provided under tnis Convention. 3. The receiving State snail likewise afford all appropriate gr tection to otner members or the consulate. Article 8 CONSULAR PREMISES AND RESIDENCES 1. The receiving State shall either facilitate the acquisition on its territory, in accordance with its laws and regulations, by the sending State or premises necessary for its consular post or assist the latter in obtaining accomodation in some other way. 2. It snall also, wnere necessary, assist the consular post in 01 ining suitable accomodation for its members. Article 9 USE OF THE NATIONAL FLAG AND COAT OF ARMS 1. The sending State shall be entitied to dispiay the national coat of arms and the designation of the consulate on the consular premises in the languages of the sending State and the languages of the consular district. 2. The sending State snail be entitled to fly the flag of the sending State on consular premises, the residence of the nead of the consulate, as well as on the means of transport of the nead of the consulate when used in the performance of his official duties. 3. In exercising the rights provided by this Article, the sending -10- State shall observe the law and customs of the receiving State. Article 10 INVIOLABILITY OF CONSULAR PREMISES 1. The consular premises snall be inviolable. The authorities of the receiving State may not enter the consular premises without the consent of the head of the consulate, the chief of the diplomatic mission of the sending State, or a person designated by one of those persons. The consent of the nead of the consulate may, however, be assumed in the case ot fire or other disaster, potentially dangerous to person or property, and requiring prompt protective action. 2. Subject to the provisions or paragraph 1 of this Article, the receiving State 1S under a special duty to take all appropriate steps to protect the consular premises against any intrusion or damage and to prevent any disturoance of the peace of the consulate or impairment of dignity. Article 11 INVIOLABILITY OF CONSULAR ARCHIVES The consular archives shall be inviolable at all times and wherever they may De. Documents and objects of an unofficial character snall not be stored in the consular archives. Article 12 FREEDOM OF COMMUNICATIONS 1. A consulate shall be entitled to exchange communications with -11- its government and with dipiomatic missions and consular posts of the sending State wherever they may be. For this purpose, the consulate may employ all ordinary means of communication, including diplomatic and consular couriers, diplomatic and consular pags and codes and iphers. The consulate may install and use a wireless transmitter only with the prior consent of the receiving State. 2. With respect to public means of communication, the same conditions shall be applied in the case of a consulate of the sending State as are applied in the case of the diplomatic mission of the sending State. 3. The otficial correspondence of a consulate, regardless of the means of communications employed, as well as sealed consular bags and other containers, provided they pear visiole external marks of their official character, snall be inviolable. They may contain notning other than official correspondence and articles intended exclusively for official use. 4. The ofricial correspondence OF a consulate, including consular oags and other containers, as described in paragrapn 3 of this Article, shall neither be opened nor detained. However, if the competent authorities of the receiving State have serious reason to Delleve tnat a consular pag or other container also contains articles other than correspondence, documents and articles intended exclusively for official use, they may request that they De opened in their presence by an authorized representative of the sending State. If the authorities of the said State refuse the request, the bag or otner container shall -12- be returned to the plåce from which it was sent. 5. A consular courier must have an official document certifying his position and indicating the number of packages forming the consular pag. Unless the receiving State consents, he may not be a national of or nave his permanent residence in the receiving State. The receiving tate shall protect a consular courier in the performance of his functions. A consular courier of the sending State shall enjoy in the receiving State the same rights, privileges, benefits and immunity which are enjoyed by a diplomatic courier of the sending State. The provisions of this paragraph shall likewise apply to ad hoc couriers, except that their immunities shall cease wnen the consular bag has been handed over to the consignee. 6. If a master of a vessel or captain of a civil aircraft of the ending State is charged with an official consular Dag, the master or captain shall De provided with an official document snowing the number of containers forming the consular oag entrusted to nim; he snall not, however, be considered to be a consular courier. By agreement with the appropriate authorities or the receiving State, and in compliance with safety regulations of the receiving State, the sending State may send a member or the consulate to take possession or the consular bag directly and treely from the master of the vessel or captain or the aircraft or to deliver such pag to nim. -13- Article 13 IMMUNITY OF MEMBERS OF A CONSULATE FROM THE JURISDICTION OF THE RECEIVING STATE 1. A member of a consulate shall enjoy immunity from the Jurisdiction of the judicial and administrative authorities of the receiving State with respect to actions taken in the performance of onsular functions. 2. The provisions of paragraph 1 of this Article shall not however, apply to civil proceedings: (a) resulting from contracts that were not concluded by a member of a consulate in nis official capacity on benalf of the sending State; (b) relating to succession in which a member of a consulate was involved as executor, administrator, heir or legatee as a private person and not on benalf of the sending State; (c) concerning a claim by a third party for damage caused by a vessel, vehicle, or aircraft; (d) concerning private immovable property in the receiving State, unless the member of the consulate 13 holding it on benalf of the sending State for the purpose of the consulate; (e) relating to any private commercial activities engaged in by a member of a consulate in the receiving State outside of his official functions. 3. Measures of execution may be taken against a member of a consulate in Civil proceedings, including cases specified in paragrapns 2(a), (b), (c), (d) and (e) or this Article, provided that these -14- measures do not interfere with the performance of consular functions. 4. Consular officers may be arrested or detained pending trial only in case of grave criminal acts and only on the oasis of a decision of the competent judicial authority. 5. Except in the case specified in paragraph 4 of this Article, a consular officer may not be imprisoned or subjected to any other form of restriction of personal freedom, except when carrying out a judicial decision of final effect. 6. II criminal proceedings are instituted against a consular orficer, ne must appear before the competent autnorities. Nevertheless, the proceedings must be conducted with the respect due him by virtue or nis official position and, except in the case specified in paragrapn 4 of this Article, in such a manner as to cause the least possible disruption of consular functions. If, under the circumstances referred to 111 paragraph 4 of this Article, it becomes necessary to arrest or detain a consular officer, proceedings against nim must be instituted as soon as possible. 7. In case of the arrest or detention of a member of a consulate or the initiation of criminal proceedings against nim, the receiving State LS ooliged to notity the head of the consulate about It as soon as possible. If these measures relate to the nead or the consulate, the sending State snall be notified tnereot through diplomatic cnannels by the receiving State. -15- Article 14 EXEMPTION FROM OBLIGATION TO GIVE EVIDENCE 1. A member of the consulate may be called upon to attend as a witness in the course of judicial or administrative proceedings. In the event of the refusal of a consular officer to give evidence at such coceedings, no coercive measures or penalty may be applied to him. A - consular employee may not decline to give evidence except in cases mentioned in paragraph 2 of this Article. 2. Members of a consulate are under no obligation to give evidence concerning matters relating to the exercise of their official functions or to produce official correspondence or documents. They are also entitled to decline to give evidence as expert witnesses with regard to the law of the sending State. 3. In taking testimony of a member of a consulate, the competent authorities of the receiving State shall take all appropriate measures to avoid hindering the performance of als official consular functions. Upon the request or the head or a consulate, such testimony may, when possible, be given orally or in writing at the consulate or at the residence of the person concerned. Article 15 WAIVER OF IMMUNITY 1. The sending State may waive the immunities and exemptions of members of a consulate as provided in Articles 13 and 14 of this Convention. Except as provided in paragraph 2 of this Article, such waiver shall always be express and in writing. -16- 2. In the event a member of a consulate initiates legal proceedings, with respect to which he would enjoy immunity from jurisdiction under Article 13 of this Convention, he may not invoke immunity with regard to any counter-claim directly related to the principal claim. 3. Waiver of immunity from jurisdiction with respect to civil proceedings shail not be held to impiy waiver of immunity with respect to the execution of Judgment, for which a separate waiver snall be necessary. Article 16 EXEMPTION FROM SERVICES AND DUTIES Memoers of a consulate and members of their families shall be exempt rom all public or personal contributions and services of any nd, including military service, and otner military obligations such as requisitioning, contributions and billeting, in the receiving State. Article 17 EXEMPTION FROM ALIEN REGISTRATION OBLIGATIONS Members of a consulate and members of their families snall be exempt trom all obligations under the law of the receiving State regarding alien registration and residence permits and related regulations normally applicable to aliens. -17- Article 18 EXEMPTION FROM TAXATION OF CONSULAR PREMISES 1. Consular premises and the residence of the career head of consular post or which the sending State or any person acting on its behalf is the owner or lessee shall be exempt from all national, regional or municipal dues and taxes whatsoever, other than such as epresent payment for specific services rendered. 2. The exemption from taxation referred to in paragraph 1 of this Article shail not apply to such dues and taxes 1f, under the law of the receiving State, they are payable by the person wno contracted with the sending State or with the person acting on its benalf. Article 19 EXEMPTION OF MEMBERS OF A CONSULATE FROM TAXATION 1. A member of a consulate and members of his tamily snall be exempt trom payment of all federal, republican, state, provincial, regional, municipal or local dues and taxes and similar cnarges of any kind. 2. The exemption provided by paragraph 1 of this Article snall not apply with respect to: (a) indirect taxes of a kind normally included in the prices of goods and services; (o) dues and taxes imposed with respect to private immovable property located in the territory of the receiving State; (c) estate and inheritance taxes and taxes on the transfer of property rights imposed by the receiving State, except as provided in -18- paragrapn 3 of this Articie; (d) dues and taxes on private income derived in the receiving State; (e) dues and other charges for specific services rendered; (f) dues and taxes on transactions or on documents relating to transactions, including fees of any kind collected by reason of such t isactions, unless exemptions are provided in Article 18 of this Convention. 3. If a member or a consulate or a member of his family dies, no estate, succession, or inheritance tax or any other tax or charge on tne transfer of movable property at death, shall be imposed by the receiving State with respect to that property, provided that the presence of the property was due solely to the presence or the deceased in nis capacity as a memoer of a consulate or as a member of the family C 1 member of a consulate. 4. The receiving State shall permit the export of tne movable property or a deceased member of a consulate or member of the family of a member of consulate, except that which was acquired in the receiving State the export of which was prohibited at the time of deatn. 5. Members or a consulate wno employ persons wnose wages and salaries are not exempt trom the payment of dues and taxes in tne receiving State snall observe the requirements under the law of the receiving State relating to an employer's obligation cor the collection of dues and taxes. -19- Article 20 EXEMPTION FROM CUSTOMS DUTIES AND INSPECTION 1. All articies, including motor vehicles, imported or exported tor the official use of the consulate shall, in conformity with the law of the receiving State, be exempt from customs duties and other dues and taxes imposed on importation or exportation or in connection tnerewith, except for the costs of storage, cartage and services. 2. Consular otficers and members of their families shail be exempt from customs duties and otner dues and taxes on the importation or exportation of all articles intended for their personal use, including motor vehicles and articles for the equipment of their nouseholds, except for the costs of storage, cartage and services. 3. Consular employees and members of their families shall enjoy the privileges and exemptions specified in paragrapn 2 of this Article at time of first installation. 4. Articies designed for personal use snall not exceed the quantities required for direct use by the person accorded an exemption by this Articie. 5. Personal paggage of consular officers and members or their families snall be exempt from customs inspection. It may be inspected only in cases where there 15 serious reason to believe that it contains articles other than those mentioned in paragraph 2 of this Article, or articles the importation or exportation of which is pronibited by the laws of the receiving State or articles which are subject to the regulations on quarantine. Such inspection must be undertaken in the -20- presence or tne consular officer concerned or member of his family or a person wno has been designated to represent him. Articie 21 EXEMPTION FROM REQUISITION Consular premises, as well as the official means of transport of the consulate, are not liaoie to any form of requisition. If for the needs of the national derense or other public purposes expropriation of consular premises or residences becomes necessary, all possible measures must be taken DY the receiving State to avoid interference with the performance of consular functions and promptly to pay appropriate and erfective compensation to the sending State. Article 22 FREEDOM OF MOVEMENT Subject to its laws and regulations relating to zones the entry into which 1S pronibited or regulated for reasons or national security, the receiving State shail, on the oasis of reciprocity, ensure freedom of travel and movement in its territory for all members of a consulate and members of their families. Article 23 EXCLUSION FROM THE ENJOYMENT OF RIGHTS, FACILITIES, PRIVILEGES AND IMMUNITIES Members of a consulate and members of their families who are either nationals or permanent residents of the receiving State shall not enjoy the rights, facilities, privileges and immunities provided by this -21- Convention, except immunity from the obligation to give evidence in matters connected with the discnarge of official duties as provided in paragrapn 2 of Article 14 of this Convention. PART IV CONSULAR FUNCTIONS Articie 24 FUNCTIONS OF CONSULAR OFFICERS A consular officer shall be entitled to: (a) protect the rights and interests of the sending State and of its nationals and Juridical persons; (b) render assistance and support to nationals and juridical persons of the sending State; (c) contribute to the development or economic, commercial, ltural, scientific and tourist relations between the sending State and the receiving State; (d) contribute in other ways to the development ot friendly relations between the sending State and the receiving State; (e) ascertain by all lawful means conditions and developments in the political, commercial, economic, cultural and scientific life ot the receiving State, and report thereon to the sending State. Article 25 EXECUTION OF CONSULAR FUNCTIONS 1. In accordance with nis autnorization from the sending State, a consular officer shall De entitled to carry out the functions described in this Convention, as well as otner consular functions entrusted to -22- nim by the sending State which are not prohibited by the law of the receiving State or to which the receiving State does not object. 2. A consular officer shall be entitled to execute his functions only within the limits of the consular district to which he is as gned. A consular officer may execute his functions outside the limits of the consular district only with the advance consent of the receiving State given separately in each instance. 3. In executing his functions, a consular officer may approach orally or in writing: (d) the competent local authorities in his consular district; (b) the competent central authorities of the receiving State if and to the extent allowed by the law and customs of the receiving State. 4. With the approval of the receiving State the sending State may perform consular functions in the receiving State on behalf of a third State. 5. A consulate may levy in the territory of the receiving State consular fees autoorized under the law of the sending State for consular acts. Any such sums levied shall be exempt from all dues and taxes in the receiving State. Article 26 REPRESENTATION BEFORE THE AUTHORITIES OF THE RECEIVING STATE 1. A consular officer snall be entitled, in accordance with the law of the receiving State, to take appropriate measures for the protection of the rights and interests of nationais of the sending -23- State, including juridical persons, before the courts and other authorities of tne receiving State, where, because of absence or any other reason, these nationais are not in a position to undertake timely defense of their rights and interests. 2. The measures referred to in paragraph 1 of this Article shall cease as soon as the national appoints his own representative or Aimselr assumes tne detense of nis cignts and interests. 3. Nothing in this Article, nowever, shall be construed to authorize a consular officer to act as an attorney-at-law. Article 27 FUNCTIONS RELATING TO TRAVEL DOCUMENTS A consular officer shall be entitled to: (d) issue to nationals of the sending State passports or other similar travel documents, extend the validity of the same, cancel them, witndraw them, as well as make other amendments in them; (o) issue visas or other appropriate documents to persons wishing to travel to or through the sending State. Article 28 FUNCTIONS RELATING TO CITIZENSHIP AND CIVIL STATUS 1. A consular officer snail be entitied to: (a) register nationals ot the sending State; (b) accept applications and issue or deliver documents on matters of citizensnip; -24- (c) accept any application or declaration relating to vital statistics from nationals of the sending State; (d) register oirtns and deatns of nationais of the sending State, issue certificates and receive communications and documents relating to the same. 2. The provisions or subparagrapns (c) and (d) of paragraph 1 of this Article do not exempt the persons concerned from obligations under the law of the receiving State respecting these matters. Article 29 NOTARIAL FUNCTIONS A consular officer shall be entitied: (a) to receive, draw up and certify statements and documents and perform otner notarial functions upon the application or a national of c..e sending State when such statement or document 1S intended for use outside the receiving State, and also for any person wnen sucn statement or document 1S intended for use in the sending State; (o) in connection with the acts specified in paragrapn (a) of tnis Article, to administer an oatn or take an affirmation, if required under the law or the sending State; (c) to certify contracts between nationals or the sending State as well as otner documents pertaining to unilateral acts of nationals of the sending State, provided these do not establish, transfer or abolish titles to immovable property located in the receiving State; (d) to certify copies and photocopies of documents of any kind, and extracts of documents; -25- (e) to authenticate documents drawn up or issued by the competent autnorities of the receiving State and that are intended for use in the sending State; (f) to certify transiations of documents issued by the authorities or the sending State or of the receiving State; (g) at the request or the competent authorities of the sending State, to take testimony of persons wno live in nis consular district, regardless of their nationality and without the necessity of making request to the competent authorities of the receiving State, provided that such persons appear voluntarıly before the consular officer. Article 30 SERVICE OF JUDICIAL AND OTHER DOCUMENTS A consular officer shall be entitied to serve judicial and other documents on persons in the receiving State in accordance with existing international agreements which are in force between the sending State and the receiving State or, in the absence ot such agreements, in conformity with the law or the receiving State. Article 31 NOTIFICATION OF THE ESTABLISHMENT OF GUARDIANSHIP OVER PERSONS OR TRUSTEESHIP OVER PROPERTY 1. The competent authorities of the receiving State shall notify the consulate in writing of instances in wnich it 1S necessary to establish a guardianship over a national of the sending State who is not of age or 1S not in a position to perform legal acts, or a -26- trusteeship over property of a national of the sending State when for whatever reason sucn property cannot be administered by the national of the sending State. 2. A consular officer of the sending State may, on matters mentioned in paragraph 1 of this Articie, contact the appropriate authorities of the receiving State, and, in particular, may propose tnat appropriate persons be appointed to act as guardians over persons or trustees over property in accordance with the law of the receiving State. Article 32 NOTIFICATION OF THE DEATH OF A NATIONAL OF THE SENDING STATE Whenever the competent autnorities of the receiving State learn that a national of the sending State nas died in the receiving State, they shall immediately notify the appropriate consular officer of the sending State and, upon nis request, send nim a copy of the death certificate or other documentation confirming the deatn. Article 33 NOTIFICATION REGARDING ESTATES 1. Whenever the competent local authorities of the receiving State learn of the opening of an estate of a deceased national of the sending State in the receiving State who nas in the receiving State no known heir or testamentary executor, they shall without delay notify a consular officer of the sending State. -27- learn of the opening of an estate of a person, regardiess of nationality, who nas lert in the receiving State an estate in which a national of the sending State residing outside the receiving State may nave an interest under the will of the decedent or otherwise in accordance with the law of the receiving State, they snall as promptly as possible so inform a consular officer of the sending State. Article 34 FUNCTIONS RELATING TO ESTATES 1. A consular officer shall be entitled in accordance with the laws of the receiving State, to: (a) take appropriate measures to protect and conserve the estate of a deceased national or the sending State located in the receiving St te. In this connection ne may approach the competent authorities of the receiving State with a view towards protecting the interests of a sending State national, not a permanent resident of the receiving State, unless or until such national 13 otherwise represented. He may also request the competent authorities or the receiving State to permit him to be present at the inventor/ing and sealing and, in general, to take an interest in the proceedings; (o) safeguard tne interests of a national of the sending State, wno nas, or claims to nave, a right to an estate in the receiving State of a deceased person, irrespective of the deceased's nationality, and 16 tnat interested national is not in the receiving -28- State, or is a minor, as long as the person does not have a duly appointed representative. 2. A consular officer of the sending State shall be entitled to receive for transmission to a national of the sending State who 1S not a permanent resident of the receiving State any sum of money or other operty to which such national is entitled as a consequence of the death of another person, including shares in an estate, payments based on employment, pension and social benefits systems in general, and proceeds or insurance policies unless the court, agency, or person making distribution directs tnat transmission be effected in a different manner. The court, agency, or person making distribution may require that a consular officer comply with conditions with regard to: (a) presenting a power of attorney or other authorization from such tional residing outside tne receiving State; (b) furnishing reasonable evidence or the receipt of such money or otner property by such national; and (c) returning the money or other property in the event ne 1S unable to furnish such evidence. In exercising the rignts provided of this paragraph the consular officer 1S subject to the jurisdiction of the civil courts ot the receiving State in the same manner and to the same extent as described in Article (2) (o). 3. NO provisions of this Articie shall authorize a consular officer to act as an attorney-at-law. -29- Article 35 PROVISIONAL CUSTODY OF MONEY AND EFFECTS OF DECEASED SENDING STATE NATIONALS If a national or the sending State, not a permanent resident of the receiving State, dies during a temporary stay in or transit through the receiving State the consular officer shall be entitied without delay to ke provisional custody or the money, documents, and personal effects that were in sucn national's possession for transfer to an heir or testamentary executor, provided that the deceased person snall not have left an accompanying next-of-kin or authorized representative in the receiving State and provided that such provisional custody will be relinquisned to a duly appointed administrator or other authorized person. Article 36 COMMUNICATION WITH NATIONALS OF THE SENDING STATE 1. A consular officer shail be entitled, in nis consular district, to communicate with a national of the sending State, to render nim assistance or give nim advice and, when necessary, to arrange for an interpreter and to assure nim legal assistance. If a national of the sending State desires to visit the consular officer or to converse with him, the receiving State shall in no way restrict the access of such national to the consulate ot the sending State or prevent the consular officer from visiting nim. 2. In any case in which a national of the sending State is subject to arrest, detention or any other form of limitation of his personal -30- freedom, the competent autnorities or the receiving State shall inform the consulate of the sending State immediately and, in any event, not later than three days trom the date on which the national was placed under any form of limitation or his personal freedom. Upon his request, a consular officer shall be informed of the reasons for which the national has been arrested, detained, or limited in enjoyment of his personal freedom. 3. The competent authorities of the receiving State shall immediately inform the nationai of the sending State of the rights accorded to him by this Article to communicate with a consular officer. 4. A consular officer snall be entitled to receive irom and send to a national or the sending State who 1S under arrest, detention, or any form ot iimitation of nis personal freedom letters or other forms of correspondence and, wnen necessary, to take appropriate measures to ensure him legal assistance and representation and to arrange for an interpreter. 5. A consular officer snall be entitled to visit a national of the sending State wno LS under any form of arrest, detention or any other form of limitation of his personal freedom, and to converse with nım in the language of the sending State or OE the receiving State. These visits shall take place as soon as possiole, out not later than five days from the date on which the consular officer nas suomitted a request for a visit. 6. In tne case of a trial of a national of the sending State in the receiving State, the competent authorities shall, at the request of -31- a consular officer, inform such officer of the charges against such national. The consular officer shall be permitted to attend all pnases of the trial of such national which are open to the public. 7. A consular officer shall be entitled to visit a national of the sending State wno, on the oasis of a Judicial judgment, 1S in prison or is serving a sentence, and to converse and correspond with him in the language of the sending State or of the receiving State. These visits shall be permitted as soon as possible, but not later than five days from the date on which the consular officer has submitted a request for a visit, and on a recurring DASIS, out at intervals of not longer than one montn. 8. A consular officer shali be entitled to provide to a national or the sending state to whom the provisions of this Article apply parcels containing food, clotnes, medicaments, and DOOKS, published material and writing materiais. 9. The rights contained in this Article snall be exercised in accordance with the law of the receiving State and snall not prejudice the normal procedures or the receiving State, provided that sucn law shall be applied so as to give cull effect to the purposes for which these rights are intended. 10. In accordance with Articie 24 (a) and (o) a consular officer of tne sending State may request the assistance of the authorities of the receiving State in ascertaining the whereapouts of a national of the sending State, and the authorities of the receiving State snali endeavor to provide all appropriate and available information. -32- Articie 37 RENDERING ASSISTANCE TO VESSELS 1. A consular officer shall be entitled to provide any type of assistance to vessels or the sending State which are in the territorial or inland waters, ports or ancnorages of the receiving State. 2. A consular officer may board a vessel of the sending State as soon as permission to communicate with the shore is granted. On such occasions, he may be accompanied by members of the consulate. 3. The master and members of the crew may meet and communicate with the consular officer, observing, however, the law of the port and the law relating to crossing the border. 4. The consular officer may address the autnorities of the receiving State and request their cooperation in carrying out nis Lunctions with regard to a vessel of the sending State and with regard to the master or the vessel, members ot the crew, passenyers and cargo. Article 38 RENDERING ASSISTANCE TO MASTER AND CREW 1. Without prejudice to the rights of the competent autnorities of the receiving State, insofar as these rights apply to any of the rollowing provisions, the consular officer shail De entitled to: (a) investigate any incident occuring aboard a vessel of the sending State and question the master of the vessel and any member of the crew with reference to such incident, to the extent permitted by the law of the sending State; (o) inspect the vessel's papers, receive information in connection -33- with the voyage and destination of the vessel and also render assistance in connection with the entry, stay and departure of a vessel of the sending State; (c) participate in the settlement of disputes between the master of i vessel of the sending State and members of the crew, including disputes concerning wages and employment contracts, to the extent permitted by the law of the sending State; d) take steps connected with the signing on and discharge of a master of a vessel of the sending State and members of the crew, if such action is permitted under the law of the sending State; (e) take steps for hospitalization or repatriation of the master of a vessel or the sending State or member of the crew; ( i ) receive, uraw up or certify all deciarations or other documents provided for by the law of the sending State in regard to a vessel of the sending State or its cargo; (g) undertake other steps to apply the law or the sending State concerning mercnant shipping. 2. The consular. orficer may, 1 E permitted by the law of the receiving State, appear together with the master of a vessel OE the sending State or a member O É the crew before the courts or otner authorities of the receiving State in order to render them any assistance in actions before such courts and autnorities. -34- Articie 39 PROTECTION OF INTERESTS IN CASE OF INVESTIGATIONS 1. When a court or other competent authority of the receiving State intends to take compulsory actions or to start an official investigation aboard a vessel of the sending State which is in the : and or territorial waters, ports or anchorages of the receiving State, that court or otner competent authority must notify the appropriate consular officer. If, because of the urgency of the matter, it has not been possible to inform the consular officer before initiation ot sucn actions, and the consular officer or nis representative nas not been present when the actions were carried out, the court or other competent authority of the receiving State shall promptly provide nim with a full account ot the actions taken. 2. Witnout prejudice to the provisions OC Article 36, a consular officer of tne sending State shail be notified immediately in cases in which it LS necessary for a competent authority of the port area to question the master of a vessel ot the sending State or a member of the crew on snore with regard to incidents other tnan those referred to in paragraph 1 of this Articie. 3. Except at the request OÍ the master of a vessel of the sending State or a consular officer, the judicial or other competent authorities or the receiving State shall not interfere in the internal affairs of the vessel on questions UC relations between the members of the crew, laoor relations, discipline and other activities of an internal character, when the peace and safety of the receiving State -35- are not violated. 4. The provisions or paragraphs 1 and 2 of this Article shall not apply to ordinary customs, passport and sanitary controis, or, in accordance with treaties in force between the two States, to the saving human life at sea, prevention of pollution of the sea, or to other measures undertaken at the request OÍ, or with the consent of, the master of the vessel. Article 40 ASSISTANCE TO DAMAGED VESSELS 1. II a vessel or the sending State is wrecked, grounded, or suffers any otner damage in the inland or territorial waters, ports or ancnorages of the receiving State, the competent authorities of the ceiving State snall inform the consulate immediately and inform it of the measures taken for saving the passengers, the vessel, its crew and cargo. 2. The consular officer may give any assistance to a vessel of the sending State, the members of the crew and the passengers, as well as take measures for safeguarding the caryo and repairing the vessel. The competent authorities of the receiving State snall extend all necessary assistance to the consular officer in taking such measures. He may also ask the authorities or the receiving State to undertake such measures. 3. If the owner of the vessel, the master of the vessel or other authorized person 1S not in a position to undertake the necessary -36- measures for safeguarding the vessel and Its cargo, the consular officer may, if permitted under the law of the sending State, undertake on behalf of the owner, those measures which the owner himself would undertake in sucn a case. The provisions of this paragraph shall also aprly to every object belonging to a national of the sending State and representing a part of the cargo or the vessel, whether of the sending State or of a third State, which has been found on or near the shore, or has been brought to a port of the receiving State. 4. A vessel which has suffered damage and its cargo and provisions shall not be subject to customs duties in the territory of the receiving State unless delivered for use in that State. Articie 41 FUNCTIONS WITH REGARD TO AIRCRAFT The provisions of Articles 37 to 40 inclusive of tnis Convention shail also apply to civil aircraft to the extent they are applicable and on the condition tnat such application 1S not contrary to the provisions or any biiateral or multiiateral agreement in force between the two States. Article 42 OBSERVING THE LAW OF THE RECEIVING STATE 1. All persons enjoying privileges and immunities under tnis Convention are obliged, without prejudice to their privileges and immunities, to observe the law and customs of the receiving State, including traffic regulations. Members of a consulate shall comply -37- with any requirement imposed by the laws and regulations or the receiving State in respect or insurance against third party risks arising from the use of any vehicie, vessel or aircraft. 2. Consular officers and consular employees who are nationals of the sending State may not carry on any professional or commercial activitiy for personal profit in the receiving State other than their ficial duties, or interfere in the internal affairs of the receiving State. Article 43 PERFORMANCE OF CONSULAR FUNCTIONS BY A DIPLOMATIC MISSION 1. The provisions of this Convention relating to consular tunctions, rights, facilities, privileges and immunities shall also apply when a dipiomatic mission performs consular functions. 2. The names or the members of the diplomatic mission entrusted with the performance of consular functions shail be communicated to the receiving State. 3. The members ot the dipiomatic mission referred to in paragraph 2 of this Article snall continue to enjoy the privileges and immunities granted them by virtue or their dipiomatic status. PART V Articie 44 ENTRY INTO FORCE AND RENUNCIATION 1. The present Convention shall be subject to ratification and -38- snall enter into force after the expiration of thirty days following the date of the exchange of instruments of ratification which shall take place at Washington, D. C. 2. The present Convention shall remain in force until the expiration of S1X montns from the date on which one of the Contracting Parties gives to the other Contracting Party written notification of its intention to terminate the Convention. 3. With the entry into force of this Convention, the Agreement between the Government of the United States of America and the Kingdom of Yugoslavia on taking testimony, concluded by exchange of notes in 1938 shall cease to be in force. IN WITNESS WHEREOF, the respective plenipotentiaries of the Contracting Parties have signed the present Convention. DONE AT BELGRADE ON THIS SIXTH DAY OF JUNE, 19 88 IN TWO ORIGINAL COPIES IN THE ENGLISH AND SERBO-CROATIAN LANGUAGES, BOTH TEXTS BEING EQUALLY AUTHENTIC. For the For the United States ot America: Socialist Federal Republic of Dow.h Yugosiavia: B. hri ? In JOINT STATEMENT OF JOHN WHITEHEAD, DEPUTY SECRETARY OF STATE OF THE UNITED STATES OF AMERICA AND BUDIMIR LONCAR, FEDERAL SECRETARY FOR FOREIGN AFFAIRS OF THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA With reference to the initialling of the Consular Convention between the United States of America and the Socialist Federal Republic or Yugosiavia on November 9, 1987, and its signing at Belgrade on June 6, 1988, it has been agreed as follows: ) Proceeding from the principle of international law that a State may not ordinarily afford diplomatic or consular protection to one or Its nationals against another State whose nationality such a person also possesses, in the case of arrest or detention of a Yugoslav national, who is at the same time a U.S. national permanently residing in the United States of America, the Yugoslav authorities will, in the spirit OC friendly relations between the two countries, take into account, in practice, circumstances resulting therefrom and under conditions of reciprocity, if the person concerned agrees and it the competent Yugoslav authorities consider that this will not namper the interests or investigation nor endanger the security or the country, inform thereor, out of numanitarian or family reasons, a U.S. consular officer in the Socialist Federal Republic of Yugosiavia and allow nin to contact the said person if the latter SO wisnes and within the tramework of Yugosaiv regulations. The request tor such contact should be forwarded to the Federal Secretariat for Foreign Atfairs. Jonn C. Whitenead Budimic Loncar B hnz Deputy Secretary OI Federal Secretary tot State of the United Foreign Attairs ot the States ot America Socialist Federal Republic )[ Yugosluvia Beigrade, Yugoslavta June 0, 1988 1121 NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20506 March 2, 1989 ACTION MEMORANDUM FOR BRENT SCOWCROFT THROUGH: ROBERT BLACKWILL RB FROM: CONDOLEEZZA RICE CR SUBJECT: Transmission to Congress of the Consular Convention between U.S. and Yugoslavia for Ratification The memorandum from you to the President at Tab I recommends that he transmit the Consular Convention between the U.S. and Yugoslavia, signed June 6, 1988, to the Senate for advice and consent to ratification. The letter submitting the Convention to the Senate is at Tab A, the full text of the Convention is at Tab C. The Convention is intended to facilitate American and Yugoslav consuls in extending assistance to citizens in need and should, according to State, contribute to commercial contacts between the two countries. The most significant provision protects the right of detained or arrested nationals to assistance from the consuls. It also guarantees that consuls will be notified in a period not to exceed three days when nationals are detained or arrested. Several routine functions are covered by the Convention; assurance of reciprocal issuance of passports and visas and representation of the interest of nationals in estate matters. The Consular Convention with Yugoslavia supplements other existing agreements, including a similar convention with Serbia (1881), and the Vienna Convention on Consular Relations of 1963. 2 RECOMMENDATION That you sign the memorandum to the President recommending that he submit the Convention to the Senate for advice and consent to ratification. Approve Disapprove Attachments Tab I Memorandum to the President Tab A Transmittal Message to the Senate Tab B Secretary of State's. Memo to the President Tab C Treaty NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20506 1392 ACTION MEMORANDUM FOR G. PHILIP HUGHES FROM: CONDOLEEZZA RICE SUBJECT: Travel Request for Associate Postmaster General- International, Edward Eugene Horgan, Jr., to Finland and the USSR NSC approves the subject travel plans of Mr. Horgan, who will travel to Finland on March 11 and continue to the USSR on March 14. Travel is also approved for those who will accompany him; John Galvin Mulligan, Senior Assistant Postmaster General of the Operations Support Group, Thomas Edward Leavey, Assistant Posmaster General for International Postal Affairs and Michael John Regan, Senior Advisor, International Relations, International Postal Affairs. Bilateral postal business and matters relating to the 1989 Washington Congress of the Universal Postal Union will be discussed during the trip. RECOMMENDATION: That you sign the letter at Tab I informing Mr. Thomas E. Leavey, Assistant Postmaster General, of the NSC's approval of the forthcoming trip. Approval Disapproval Attachment: Tab I Letter to Mr. Leavey Tab II Incoming NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20506 Dear Mr. Leavey: Please be advised that travel has been approved for the upcoming trip of Edward Eugene Horgan, Jr., Associate Postmaster General-International to Finland on March 11 and to the USSR on March 14. This travel approval also applies to those who will accompany Mr. Horgan - John Galvin Mulligan, Thomas Edward Leavey, and Michael John Regan. Sincerely, G. Philip Hughes Executive Secretary Mr. Thomas E. Leavey Assistant Postmaster General United States Postal Service 475 L'Enfant Plaza, S.W. Washington, D.C. 20260-6500 POSTA UNITED STATES SERVICE 1392 U.S.MAIL UNITED STATES POSTAL SERVICE International Postal Affairs Department 475 L'Enfant Plaza, SW Washington, DC 20260-6500 March 2, 1989 Mr. G. Philip Hughes Executive Secretary National Security Council The White House Ground Floor, West Wing 1600 Pennsylvania Avenue, N.W. Washington, D.C. 20500-0001 Dear Mr. Hughes: I am pleased to advise you that Associate Postmaster General- International Edward Eugene Horgan, Jr., will travel to Finland on Saturday, March 11, and will continue to the USSR on Tuesday, March 14, returning to Washington on Monday, March 20. Mr. Horgan will be accompanied by: John Galvin Mulligan Senior Assistant Postmaster General Operations Support Group Thomas Edward Leavey Assistant Postmaster General International Postal Affairs Department Michael John Regan Senior Advisor, International Relations International Postal Affairs Department They will travel to Finland and to the USSR to discuss bilateral postal business and matters relating to the 1989 Washington Congress of the Universal Postal Union. If you wish further information on travel for the Associate Postmaster General-International, please let me know. Sincerely, in Thomas E. Leavey Assistant Postmaster General Blackwill THE WHITE HOUSE WASHINGTON March 1, 1989 Dear Mr. Nowak: Thank you for your letter of February 14. I am very interested in the unfolding events in Poland and would like to talk with you at a mutually convenient time. Please call my secretary to schedule an appointment. I look forward to seeing you. Sincerely, Robert M. Gates Deputy Assistant to the President for National Security Affairs Mr. Jan Nowak 3815 N. Forest Grove Drive Annandale, Virginia 22003 NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20506 1165 February 27, 1989 ACTION MEMORANDUM FOR ROBERT GATES 123 THROUGH: ROBERT BLACKWILL FROM: CONDOLEEZZA RICE CR SUBJECT: Meeting with Jan Nowak, National Director of the Polish American Congress Jan Nowak, Director of the Polish American Congress, has requested a meeting with you. He has been an NSC consultant since 1979 and wishes to discuss the impact of developments in Poland on East-West relations. The letter of reply at Tab I informs Mr. Nowak that you wish to meet with him at a mutually convenient time. We recommend that you schedule him for a 15-minute meeting. RECOMMENDATION: That you sign the letter to Jan Nowak at Tab I. Approve Disapprove Attachments: Tab I Letter to Jan Nowak Tab II Incoming 3815 N. Forest Grove Dr. Annandale, VA 22003 February 14, 1989 1165 The Honorable Robert M. Gates Deputy Assistant to the President for National Security Affairs The White House Washington, D.C. 20500 Dear Mr. Gates: You might remember me since I was your guest at a dinner in your previous office some time ago. I have been a consultant to the National Security Council since 1979. I am, also, a National Director of the Polish American Congress. In view of the present developments in Poland which may have a considerable impact on the entire Soviet orbit and possible repercussions in East-West relationship. I would greatly appreciate if you could give me an opportunity to share with you our assessment of the situation and recommendations concerning policy toward Poland. I shall not need more than twenty minutes of your time. Awaiting your kind reply. Sincerely, Jan Nowak Consultant to the National Security Coucil CONFIDENTIAL NATIONAL SECURITY COUNCIL 1277 WASHINGTON, D.C. 20506 ACTION March 1, 1989 MEMORANDUM FOR BRENT SCOWCROFT THROUGH: ROBERT D. BLACKWILL FROM: BARRY F. LOWENKRON SUBJECT: Appointment Request for Spanish Foreign Minister Francisco Fernandez-Ordonez Spanish Foreign Minister Fernandez-Ordonez will be in Washington March 13-14 for consultations in his capacity as EC Foreign Minister. He has requested an appointment with you to discuss both EC foreign policy issues and bilateral U.S. -Spanish concerns. He will be meeting Secretary Baker and U.S. Trade Representative Carla Hills, and will be holding a round of consultations with members of Congress. This will be the first visit by Ordonez since the grueling re- negotiation of our base agreement, which was completed last December. Indeed, the main reason for Ordonez's visit is to repair the damage done to the relationship by the negotiations. Prime Minister Gonzales is anxious .to pay an official working visit to Washington this Spring, a subject that Ordonez will likely raise with you. We have asked the State Department to inform Spanish officials that, due to scheduling constraints in the months ahead, a meeting will not be possible until the latter half of the year. We understand that the State Department will be recommending that Foreign Minister Ordonez pay a courtesy call on the President. We endorse the idea, and will be forwarding a scheduling proposal for your consideration once we receive the formal recommendation from the State Department. RECOMMENDATION That you agree to see Foreign Minister Ordonez for 30 minutes during the suggested times listed below. Approve Disapprove Suggested Times: March 13: 9:00 a.m. -- 11:30 a.m. 5:00 p.m. -- 6:00 p.m. March 14: 5:30 p.m. -- 6:00 p.m. DECLASSIFIED CONFIDENTIAL PER E.O. 13526 Declassify on: OADR 2012-1566-MR 10/17/2013 MM NATIONAL SECURITY COUNCIL 1233 WASHINGTON, D.C. 20506 ACTION March 1, 1989 MEMORANDUM FOR BRENT SCOWCROFT THRU: CAROL A. PAQUETTE FROM: ROBERT D. BLACKWILL RB SUBJECT: Travel Orders for Philip D. Zelikow Vienna, Austria, March 4-7, 1989 Philip D. Zelikow is designated as the NSC representative to accompany Secretary Baker to the opening of CFE and CSBM negotiations and at bilateral meetings with senior foreign officials in Vienna from March 4-7, 1989. Since military aircraft will be used for the Secretary's trip, the only cost will be for per diem. Attached at Tab I is the authorization form and at Tab II the memorandum to the State Department informing them of this travel. This trip will be included in the Directorate's projected travel planning that is currently under consideration. RECOMMENDATIONS 1. That you sign the travel authorization at Tab I. Approve Disapprove 2. That you authorize G. Philip Hughes to sign the memorandum at Tab II informing State of this travel. Approve Disapprove Attachments Tab I Travel Authorization Tab II Hughes Memo to Levitsky Annex II NSC STAFF TRAVEL AUTHORIZATION March 1, 1989 DATE: 1. TRAVELER'S NAME: Philip D. Zelikow 2. PURPOSE (S), EVENT (S), DATE (S) : Designated NSC rep to accompany Secretary Baker at the opening of CFE and CSBM negotiations and at bilateral meetings with senior foreign officials in Vienna, Austria from 4-7 March 1989. 3. ITINERARY (Please Attach Copy of Proposed Itinerary) : (Tentative) Mar 4 Lv Andrews AFB 6:00 PM; Mar 5 Ar Vienna, Austria 1005 AM Mar 7 Lv Vienna, Austria 6:00 PM; Mar 8 Ar Andrews AFB 0035 AM DEPARTURE DATE March 4 RETURN DATE March 7 TIME 5:00 PM TIME late PM Andrews AFB Andrews AFB 4. MODE OF TRANSPORTATION: GOV AIR XX COMMERCIAL AIR POV RAIL OTHER 5. ESTIMATED EXPENSES: TRANSPORTATION PER DIEM OTHER TOTAL TRIP COST 6. WHO PAYS EXPENSES: NSC X . OTHER 7. IF NOT NSC, DESCRIBE SOURCE AND ARRANGEMENTS: 8. WILL FAMILY MEMBER ACCOMPANY YOU: YES NO X 9. IF so, WHO PAYS FOR FAMILY MEMBER (If Travel Not Paid by Traveler, Describe Source and Arrangements) : 10. TRAVEL ADVANCE REQUESTED: $ 300.00 11. REMARKS (Use This Space to Indicate Any Additional Items You Would Like to Appear on Your Travel Orders) : 12. TRAVELER'S SIGNATURE: Philip Df Philip Zehkons 13. APPROVALS: Ambassador Robeztio. Robert D. Carol A. Paquette Brent Scowcroft NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20506 1233 MEMORANDUM FOR MELVYN LEVITSKY Executive Secretary Department of State SUBJECT: NSC Staff Foreign Travel - Vienna, Austria March 4-7, 1989 NSC Staff Philip D. Zelikow Member: Director for European Security Affairs Purpose of Travel: The NSC has designated Philip D. Zelikow to be the NSC representative accompanying Secretary Baker to the opening of the CFE and CSBM negotiations and at bilateral meetings 1989. with senior foreign officials in Vienna from March 4-7, ITINERARY Date City/Country Major Event/Meeting March 4-7 Vienna, Austria CFE/CSBM Negotiations and Bilaterals with Senior Foreign Officials G. Philip Hughes Executive Secretary 1163 NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20506 ACTION March 1, 1989 MEMORANDUM FOR BRENT SCOWCROFT THROUGH: ROBERT D. BLACKWILL RB FROM: BARRY F. LOWENKRON SUBJECT: Invitation for the President to Attend Environmental Achievement Award Banquet Attached at Tab II is a letter to you from D. M. Roderick, Chairman of the International Environmental Bureau, inviting the President to attend the International Environmental Award ceremony on May 4. Canadian Prime Minister Mulroney will be receiving an award, to be presented by Norwegian Prime Minister Gro Harlem Bruntland. As we understand it, the White House is considering arranging separate events for the President with both leaders. At Tab I is a letter from you to Mr. Roderick informing him that the President will be unable to attend the award ceremony. RECOMMENDATION That you sign the letter at Tab I. Approve Disapprove Attachments Tab I Letter to Mr. Roderick Tab II Roderick Incoming Letter THE WHITE HOUSE WASHINGTON Dear Mr. Roderick: I am writing in response to your invitation to the President to attend the International Environmental Achievement Award ceremony. The President was pleased to hear that Prime Minister Mulroney will be this year's recipient of the award. Although the President will be unable to attend the award ceremony, he asked that I convey his appreciation for your invitation. On behalf of the President, I commend your organization's efforts to promote international environmental issues, and I wish you continued success in your endeavors. Sincerely, Mr. D. M. Roderick Chairman, Board of Directors and Chief Executive Officer USX Corporation 600 Grant Street Pittsburgh, Pennsylvania 15230 JSX Derecration DM Roderso 600 Grant Street Chairman Board of Directors & Pittsburgh PA 15230 & Chief Executive Officer 412 433 1101 1163 USX The Honorable Brent Scowcroft Assistant to the President for National Security Affairs The White House Washington, DC 20500 February 21, 1989 Dear General Scowcroft: On the evening of May 4, 1989, Prime Minister Brian Mulroney will be in Washington to accept the 1989 Environmental Achievement Award from the International Environmental Bureau, of which I am Chairman. Norwegian Prime Minister Gro Harlem Brundtland, a former recipient, also plans to be present. It is my understanding that President Bush and Prime Minister Mulroney discussed this event during their recent meeting in Canada. I would like to extend a cordial invitation to President Bush to participate in that event. We would, of course, be greatly honored by his presence. I am advised that this should be first cleared with you, so I am writing to ask for your approval and your advice as to whether the invitation may be extended. I would be pleased to meet with you to discuss the event more fully or to provide any additional information you might require. I would appreciate your advising me as soon as possible of your reaction. With my thanks for your consideration on this matter, I am Sincerely yours, thon Oil Company Diversified Group Oil & Gas Corp. BLACKWILL CONFIDENTIAL CONFIDENTIAL 1277 NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20506 ACTION March 1, 1989 MEMORANDUM FOR BRENT SCOWCROFT Nati Sec Advisor has seen THROUGH: ROBERT D. BLACKWILL FROM: BARRY F. LOWENKRON SUBJECT: Appointment Request for Spanish Foreign Minister Francisco Fernandez-Ordonez Spanish Foreign Minister Fernandez-Ordonez will be in Washington March 13-14 for consultations in his capacity as EC Foreign Minister. He has requested an appointment with you to discuss both EC foreign policy issues and bilateral U.S. -Spanish concerns. He will be meeting Secretary Baker and U.S. Trade Representative Carla Hills, and will be holding a round of consultations with members of Congress. This will be the first visit by Ordonez since the grueling re- negotiation of our base agreement, which was completed last December. Indeed, the main reason for Ordonez's visit is to repair the damage done to the relationship by the negotiations. Prime Minister Gonzales is anxious to pay an official working visit to Washington this Spring, a subject that Ordonez will likely raise with you. We have asked the State Department to inform Spanish officials that, due to scheduling constraints in the months ahead, a meeting will not be possible until the latter half of the year. We understand that the State Department will be recommending that Foreign Minister Ordonez pay a courtesy call on the President. We endorse the idea, and will be forwarding a scheduling proposal for your consideration once we receive the formal recommendation from the State Department. RECOMMENDATION That you agree to see Foreign Minister Ordonez for 30 minutes during the suggested times listed below. Approve B Disapprove Suggested Times: March 13: 9:00 a.m. -- 11:30 a.m. 5:00 p.m. -- 6:00 p.m. March 14: 5:30 p.m. -- 6:00 p.m. DECLASSIFIED CONFIDENTIAL PER E.O. 13526 Declassify on: OADR 2012-1566-MR CONFIDENTIAL 10/17/2013