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1525005
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Canada (14)
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1525005
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Canada (14)
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Presidential Country Files for Europe and Canada (Ford Administration)
Europe and Canada Country Files
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1976-12-31
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1976
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1976-10-01
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The original documents are located in Box 2, folder "Canada (14)" of the National Security Advisor. Presidential Country Files for Europe and Canada, 1974-77 at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford. donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. MEMORANDUM 5898 NATIONAL SECURITY COUNCIL CONFIDENTIAL ACTION October 30, 1976 MEMORANDUM FOR BRENT SCOWCROFT FROM: Mr. Clift ask SUBJECT: US-Canadian Maritime Boundries The Canadian Government plans to publish in its official gazette late on November 1 the coordinates of the maritime boundries it plans to claim when its 200 mile fishery conservation zone goes into effect on January 1, 1977. In negotiations that have lasted several months, the US and Canada have been unable to agree on specific maritime boundries. The Canadian claim will overlap the US claim in the Gulf of Maine, the Beaufort Sea and in other areas with important fishing and hydrocarbon resources. The Canadians will also release a press statement explaining their coordinates at 11:30 a. m. on November 2. They argue that according to their domestic law, they must publicize their claims 60 days prior to the January 1 effective date of their legislation. (State memorandum at Tab C). To avoid prejudice to our own position, the State Department will publish in the Federal Register coordinates for the areas that the US claims. To minimize the negative impact of the announcements on the continuing negotiations, State has coordinated a press statement with the Canadians which State will release at noon on November 2. The State release notes that "the two Governments are taking measures to ensure that their respective assertions of jurisdiction will not adversely affect the ongoing negotiating process. 11 (See draft release at Tab B.) We have prepared for your approval at Tab A, Q's and A's to be used by Ron Nessen on an if asked basis. RECOMMENDATION That you approve the press Q's and A's at Tab A for handling by Cathy DeSibour. B FORD APPROVE DISAPPROVE & 07V630 LIBHARY CONFIDENTIAL GDS GG 10/15/01 Publication of Canadian Boundary Claims Q: On November 1, Canada published in its official gazette an Order-in-Council which will bring into effect on January 1, 1977 the extension of 200-mile national fishery zones off the coasts of Canada. The coordinates given in that publication overlap with the area the US will claim on March 1, 1977, under the Fisheries Conservation and Management Act. What is being done to safeguard US interests in this matter and avoid a confrontation with Canada? A: The United States and Canada have engaged in active discussions for several months concerning our mutual maritime boundries. Progress has been made in these discussions, but several important issues remain to be resolved. It is my understanding that Canadian legislation requires that the Canadians publish the lateral limits of their fishing zone 60 days prior to the January 1, 1977 effective date of their 200-mile fishery zone extension. To avoid prejudice to our interests, the United States will also publish in the Federal Register several coordinates for boundries of our fishing zone and continental shelf. In the meantime our talks with Canada will continue on this issue. Q: Can't you be more specific? Which areas are in dispute? A: For further details, I would direct you to the State Department. FORD & BERALD LISANNY Pres Release - November 2, 1976 DRAFT Maritime Boundaries Between the United States and Canada Yesterday Canada published in its official gazette an Order-in-Council which will bring into effect on January 1, 1977, the extension of 200-mile national fishing zones off the coasts of Canada. The Canadian Government has advised the United States Government that in keeping with its previously announced plan to implement its extended fishing zone on January 1, 1977, under Canadian legislative require- ments it is obliged to give 60 days notice of its extension of these zones. The Order-in-Council delineates the lateral limits of the fishing zone asserted by Canada in the Atlantic and Pacific Oceans, a number of which lie qff the coasts of the United States and Canada. The United States and Canada have not yet reached agreement on their continental shelf boundaries nor on the lateral extent of the proposed extended fishery zones of the two countries. The United States does not accept all of the lateral coordinates published in the Order-in-Council. Department a Fiath In view of the Canadian publication, the United States Government has sent today to the Federal Register for publication the coordinates of the boundaries of the continental shelf and fisheries jurisdiction asserted I by the United States in the areas off the coasts of the FORD & BERALD LIBRARY - 2 - United States and Canada. In a number of areas, these do not correspond to the coordinates published by Canada Shortly following the extension of the Canadian fishing zone on January 1, 1977, the extended United States fishery conservation zone will enter into effect on March 1, 1977, under the terms of the Fishery Conservation and Management Act of 1976. Moreover, there is active interest in the hydrocarbon potential of some continental shelf areas off the coasts of the United States and Canada. These considerations lend immediacy to settlement of the maritime boundaries between the two countries. In an effort to resolve the maritime boundary questions and to establish mutually satisfactory arrangements affecting the living and non-living resources off our two coasts before either country extends its maritime jurisdiction in 1977, the Governments of Canada and the United States have been engaged in active discussions of these issues for a number of months. While progress has been made in these negotiations, it has not yet been possible to resolve the main issues. Therefore the two Governments are taking measures to ensure that their respective assertions of jurisdiction will not prejudice the claims or interests of either party or adversely affect the ongoing negotiating process. To this end, the Canadian Order-in- FORD & BERALD LIBRARY - 3 - Council and the United States Federal Register notice each make clear that these assertions of jurisdiction are without prejudice to the negotiation of any maritime boundary between the two countries. The two Governments recognize the need to continue serious and active negotiations toward a mutually accept- able boundary settlement keeping in mind that if negotiations do not make progress, the governments will need to consider binding third party procedures. In the meantime, the two governments are negotiating mutually acceptable interim fisheries arrangements. They will also avoid steps for the time-being relating to the development of the non-living resources in the disputed boundary areas concerned which could prejudice the negotiation of permanent agreements. The United States makes this announcement with full appreciation of the importance of our exceptionally close and mutually beneficial relations with Canada. We will continue negotiations of these offshore issues in confidence that the important national interest of each country in the cooperative development of our offshore resources will lead the United States and Canada to a mutually agreeable and beneficial resolution of these questions. FORD LIBRARY & CERALD Public Notice - Department of State DRAFT For Federal Register The Fishery Conservation and Management Act of 1976 (P.L. 94-265) establishes a fishery conservation zone contiguous to the territorial sea of the United States, effective March 1, 1977, the outer boundary of which is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured. The United States exercises sovereign rights, in accordance with international law, over the continental shelf appertaining to the United States for the purpose of exploring it and exploiting its natural resources. The Government of the United States of America has been, is, and will be engaged in consultations and negotiations with the governments of neighboring countries concerning the delimitation of areas subject to the respective jurisdiction of the United States and of these countries. The Government of the United States of America intends in due course to determine and publish the limits of the entire fishery conservation zone off its coast. The Government of Canada, on November 1, 1976, announced in an Order-in-Council the extent of the fishery zone to be asserted by Canada which will become effective on January 1, 1977. The United States and Canada have not agreed on maritime boundaries and the United States does not accept all of the FORD coordinates published by Canada on November 1. & GERALD -2- Therefore, in order to protect the rights of the United States and those of its nationals, the Department of State, on behalf of the Government of the United States of America, hereby announces the lateral limits, in certain maritime areas off the coasts of the United States adjacent to areas off the coasts of Canada, within which the United States will exercise its fishery management authority and its sovereign rights over the continental shelf for the purpose of exploring it and exploiting its natural resources in accordance with international law. The limits of the maritime jurisdiction of the United States as set forth below are intended to be without prejudice to any negotiations with Canáda or to any positions which may have been or may be adopted respecting the limits of maritime jurisdiction in such areas. Publication of a proposed announcement on this subject for public comment has been found unnecessary and impracticable because of the necessity for the United States to react immediately to the announcement:of the Government of Canada. An announcement which is effective immediately upon publication also is necessary to effectively exercise the foreign affairs responsibility of the Department of State. (See Title 5, United States Code, Sections 553 (a) (1) and (b) (B)). followed by lists of coordination FORD ? GERALD LIBRARY S/S-7622020 5898 DEPARTMENT OF STATE Washington, D.C. 20520 October 23, 1976 CONFIDENTIAL MEMORANDUM FOR MR. BRENT SCOWCROFT THE WHITE HOUSE Subject: U.S.-Canadian Maritime Boundaries On October 30, 1976, the Canadian Government is planning to publish the limits of its 200-mile fishery zone which goes into effect on January 1, 1977. Canada's claim will overlap in some places with the fishery conservation zone we claim which becomes effective March 1, 1977, and with U.S. continental shelf claims. The most significant area of overlap includes the north- eastern one-third of Georges Bank in the Gulf of Maine area -- an area of great fishery importance to New England and of current hydrocarbon interest. Other areas of overlap interest Alaska and Washington State. U.S. and Canadian negotiators have been seeking a resolution of the hydrocarbon, fishery, and boundary problems that are created by our conflicting claims. Although progress has been made, it has not been possible to resolve the main issues before Canada believed it was legally obliged to publish its claim. To avoid prejudice to our own position, we will respond immediately to the Canadian publication with an announcement publishing our claimed maritime boundaries with Canada. Both governments recognize that these assertions of jurisdiction could impact negatively on our joint effort to reach agreement by negotiation. Therefore, we have agreed to coordinate our announcements in a manner so as not to prejudice a negotiated solution. We expect that both announcements will specify that the claims are without prejudice to negotiation of agreed boundaries and resource regimes. If Canada agrees, we would also mention the possibility of third-party settle- ment and of interim resource arrangements to avoid conflict. The latter would include a temporary moratorium on hydro- carbon development. FORD & CONFIDENTIAL CDS GERALD LIBRARY GG 10/15/01 CONFIDENTIAL - 2 - This matter is being brought to your attention because of the timing, the sensitivity with which it is regarded by New England fishermen, and because of the amount of press coverage it is likely to receive. C.arth Bry C. Arthur Borg Executive Secretary Form LIBRARY & CONFIDENTIAL GDS 11/2/76 State Drafh US-Canadian Maritime Boundary Q: What is the United States' Government reaction to the Canadian announcement today of its fishery zone boundaries with the United States? A? As you know, the two governments have had the question of maritime boundaries and resources under negotiations for sometime. The Canadian announcement at this time was anticipated as Canadian law requires 60 days advance notice for implementation of tis fishery zones on January 1, 1977. It does not affect our ongoing negotiations. The two governments are continuing to work amicably toward settlement of the boundary resource question, including interm fisheries arrangements. We will have more detailed comments later. GERALD a FOHL DOC RECD LOG NUME MO DA MO DA HR INITIAL ACTION o NSC CORRESPONDENCE PROFILE 10 23 10 25 9 to 7605898 TO: PRES FROM: SECSTATE S/S 7622020 UNCLAS Clift LOG IN/ OUT SCOWCROFT + SECDEF LOU NO FORN NODIS HYLAND DCI X REF C EYES ONLY EXDIS SOURCE/CLASS/DESCRIPTION DAVIS STATE EXSEC + $ CODEWORD OTHER TS SENSITIVE SUBJECT: US & Conada maintime Goundaires re 200 mile Conadian fishery zone & conflict w/ some INTERNAL ROUTING AND US DISTRIBUTION conservation REC ACTION REQUIRED zone & sluff areas ACTION CONCUR- COOR- INFO CY RENCE DINATE FOR ADV CYS S'CROFT/ WGH MEMO FOR SCOWCROFT STAFF SECRETARY MEMO FOR PRES CONGRESSIONAL REPLY FOR ECONOMIC DISTRIBUTION/INITIAL ACTION ASGMT APPROPRIATE ACTION EUR/CANADA OCEANS X X MEMO TO FAR EAST/ PRC RECOMMENDATIONS INTELLIGENCE JOINT MEMO LATIN AMERICA REFER TO FOR: MID EAST/ NO. AFRICA ANY ACTION NECESSARY? NSC PLANNING CONCURRENCE PROGRAM ANALYSIS DUE DATE: SCIENTIFIC COMMENTS: INCLUDING 11/01 SPECIAL INSTRUCTIONS SUB-SAH/ AFRICA/ UN toge. DATE FROM TO STATUS SUBSEQUENT ACTION REQUIRED (OR TAKEN): DUE CY TO 10/30 Scroft X Decinion (11/07) 10/31 NSC/S R SUBSEQUENT ROUTING/ACTIONS 11/1 Clift 5 Scoft approved action second 11/5 NSC/S any further Clift e) OBE action recensary GERALD R LIBERTY FORD DISPATCH NOTIFY MICROFILM & FILE ROMTS NSC/S DISP INSTR M/FD BY SPECIAL DISPOSITION: IF SPECIAL INDEXING: OPEN CRT ID: BM NS DY WH SA FP SUSPENSE CY ATTACHED X CLOSE MSD PA ( NSC 76-21 U.S. GOVERNMENT PRINTING OFFICE - 599-022 - 1976 599-022 THE WHITE HOUSE WASHINGTON November 29, 1976 Dear Charlie: Thank you for your letter of October 19 with the results of the 144th meeting of the Canadian-United States Permanent Joint Board on Defense. I am happy to note that negotiations on the continued use of the Goose Bay Air Base have been successfully concluded and that the Board has made progress with regard to Canadian participation in the NATO AEW and North American AWACS program. The continuing work of the Board on air defense responsibilities and other matters emphasizes the significant role that the Board plays in US-Canadian bilateral defense relations. Sincerely, Herald R. Mr. Charles S. Gubser Chairman, United States Section Permanent Joint Board on Defense Canada-United States 1111 North 19th Street Arlington, Virginia 22209 FORD a GERALD LIBRARY 311/29/76 MEMORANDUM THE PRESIDENT HAS SEEN 5948 THE WHITE HOUSE WASHINGTON CONFIDENTIAL ACTION November 29, 1976 MEMORANDUM FOR THE PRESIDENT FROM: Brent Scowcroft B SUBJECT: Letter from Charles S. Gubser Charles S. Gubser, Chairman of the US Section of the Canada-United States Permanent Joint Board on Defense, has written you at Tab B to report on the 144th meeting of the Board held in Sydney, Nova Scotia in September. Mr. Gubser reports that: -- negotiations for continued US use of the Goose Bay Air Base have been concluded; -- a joint working group's final report on Canadian participation in the NATO AEW and North American AWACS program is being submitted for policy review; and -- other joint working groups are being organized to discuss national responsibilities and cost sharing in North American air defense. The letter for your signature to Mr. Gubser at Tab A would thank him for his report. The text of your letter to Mr. Gubser has been approved by Doug Smith of Robert Hartmann's office. RECOMMENDATION That you sign the letter to Charles S. Gubser at Tab A. DECLASSIFIED LIBRARY FORD & OF E.O. 12958, SEC. 3.5 NSC MEMO, 11/24/98, STATE DEPT. GUIDELINES BY lab , NARA, DATE 10/15/01 CONFIDENTIAL state a to PERMANENT JOINT BOARD ON DEFENSE CANADA-UNITED STATES 5948 UNITED STATES SECTION ROOM 725, LYNN BLDG. 1111 N. 19TH STREET October 19, 1976 ARLINGTON, VIRGINIA 22209 22 8 MA 8S TOO The President The White House Washington, D.C. 20500 Dear Mr. President: RW In my capacity as Chairman of the United States Section of the Permanent Joint Board on Defense, Canada- United States, I had the privilege of co-chairing the 144th meeting of the Board held last month in Sydney, Nova Scotia. The discussions as usual were cordial, frank, and comprehensive. I am happy to be able to inform you that the negotiations with Canada for our continued use of Goose Bay Air Base have been successfully concluded. Additionally, a previously established Canada-United States ad hoc military working group has concluded its efforts in examining and recommending levels of Canadian partic- ipation in the NATO AEW program and the North American AWACS program. The working group's final report is being submitted to the appropriate policy levels in both governments. Further important steps have been taken concerning the vital area of cooperation in North American air defense. As a result of a Permanent Joint Board on Defense initiative, the two sides have agreed to organize working groups on national responsibilities and cost sharing in North American air defense. An initial policy level meeting was held in Ottawa on September 27, 1976 between Mr. Maynard Glitman, Deputy Assistant Secretary of Defense for International Security Affairs and Mr. E. P. Black, Canadian Assistant Deputy Minister of National Defence. The review process that has been set in motion is expected to make a significant contribution to clarifying and strengthening the defense partnership that exists between our two countries. FORD & GERALD LIBRARY I have forwarded a detailed account of the Sydney meeting to Brent Scowcroft in the form of the Journal of the 144th meeting of the Board. With best wishes, Sincerely, Charlie Charles S. Gubser GERALD & AHMUAIN FORL 2 Food to Connor: MEMORANDUM ofc 11/29 1100J10 RCM 5948 NATIONAL SECURITY COUNCIL ACTION November 5, 1976 MEMORANDUM FOR BRENT SCOWCROFT FROM: Mr. Clift ha SUBJECT: Letter from Charles S. Gubser Charles S. Gubser, Chairman of the US section of the Canada-United States Permanent Joint Board on Defense, has writtento the President at Tab B to report the results of the 144th Board meeting. A brief note responding to Mr. Gubser has been prepared for the President's signature at Tab A. The memorandum for your signature to the President at Tab I would forward Gubser's letter and recommend that the President sign the note of acknowledgment. The text of the President's letter has been approved by Doug Smith of Robert Hartmann's office. RECOMMENDATION That you sign the memorandum to the President at Tab I. FORD ? BERALD LIBRARY 1111 N. 19th Street, Room 725 Arlington Virginia 22209 PERMANENT JOINT BOARD ON DEFENSE CANADA-UNITED STATES VA 2. PM OFFICE OF THE JOINT CHIEFS OF STAFF POSTAGE AND REES PAID WASHINGTON, D.C. 20301 OFFICE SECRETARY OF DEFENSE DOD-303 U.S.MAIL OFFICIAL BUSINESS PENALTY FOR PRIVATE USE $300 Lighmma FORD The President & The White House Washington, D.C. 20500 DOC RECD LOG NUMBER MO DA MO DA HR INITIAL ACTION O NSC CORRESPONDENCE PROFILE 10 19 10 28 17 7605948 CUFT TO: PRES X FROM: SECSTATE S/S UNCLAS LOG IN/ OUT SCOWCROFT SECDEF LOU NO FORN NODIS HYLAND OCI X REF C EYES ONLY EXDIS SOURCE/CLASS/DESCRIPTION DAVIS STATE EXSEC S CODEWORD OTHER Gulish, C TS SENSITIVE SUBJECT Ack ltr to Pres fm gubsen re account of 144 mtg of Permenent joint board on defense Conada INTERNAL ROUTING d, AND US DISTRIBUTION re NATO AEW profram REC ACTION REQUIRED ACTION CONCUR- COOR- INFO CY RENCE DINATE ADV CYS CROFT WGH x FOR MEMO FOR SCOWCROFT STAFF SECRETARY MEMO FOR PRES CONGRESSIONAL REPLY FOR ECONOMIC DISTRIBUTION/INITIAL ACTION ASGMT APPROPRIATE ACTION EUR/ CANADA OCEANS x MEMO TO FAR EAST/ PRC RECOMMENDATIONS INTELLIGENCE JOINT MEMO LATIN AMERICA REFER TO FOR MID EAST/ NO. AFRICA ANY ACTION NECESSARY NSC PLANNING CONCURRENCE PROGRAM ANALYSIS SCIENTIFIC DUE COMMENTS: DATE: (INCLUDING 11/5 SPECIAL INSTRUCTIONS SUB-SAH/ AFRICA/ UN Leonard, m DATE FROM TO STATUS SUBSEQUENT ACTION REQUIRED (OR TAKENI: DUE 11/05 Scoft x P Prer to gn lts to Subser (11/15) CY TO 11/29 Per Sgn th $ Gubsen SUBSEQUENT ROUTING/ACTIONS 11/29 NSC/S C Per sgd th to Daban FORD 078839 LIBRARY DISPATCH nk 11/30/74 NOTIFY MICROFILM a FILE ROMTS NSC/S DISP INSTR M/ F'D BY SPECIAL DISPOSITION IF CRT OPEN 10m DEC 02 NS 1976 SPECIAL INDEXING: WH SA- FP CLOSE PA NO SUSPENSE CY ATTACHED ( NSC 76-21 U.S. GOVERNMENT PRINTING OFFICE - 599-022 - 1976 599-022 CEGRET 6 6 3A PERMANENT JOINT BOARD ON DEFENSE CANADA-UNITED STATES UNITED STATES SECTION ROOM 725, LYNN BLDG. 1111 N. 19TH STREET 22 December 1976 ARLINGTON, VIRGINIA 22209 MEMORANDUM FOR THE ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS Subject: 145th Meeting of the Permanent Joint Board on Defense, Canada-United States 1. Attached for your information is a copy of the Journal of Discussions and Decisions of the 145th meeting of the Permanent Joint Board on Defense, Canada-United States (PJBD), held at Aberdeen Proving Ground, Maryland, 16-17 December 1976. 2. The PJBD will hold its 146th meeting in March 1977. If you have any suggestions as to agenda items, the US Section would be happy to receive them. 3. Without attachment, this memorandum is UNCLASSIFIED. Charles 1 Tubser CHARLES S. GUBSER Chairman Attachment FORD & BERALD LIBHARY SECRET 3B NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Presidential Libraries Withdrawal Sheet WITHDRAWAL ID 014159 REASON FOR WITHDRAWAL .... National security restriction TYPE OF MATERIAL Journal TITLE Permanent Joint Board on Defense: Canada-United States DESCRIPTION Journal of Discussions and Decisions for the 145th Meeting Held at Aberdeen Proving Ground, Maryland, 16-17 December 1976 CREATION DATE 12/1976? VOLUME 14 pages COLLECTION/SERIES/FOLDER ID 032500043 COLLECTION TITLE NATIONAL SECURITY ADVISER. PRESIDENTIAL COUNTRY FILES FOR EUROPE AND CANADA BOX NUMBER 2 FOLDER TITLE Canada (14) DATE WITHDRAWN 10/16/2001 WITHDRAWING ARCHIVIST GG DOC RECD LOG NUMBER 3C MO DA MO DA HR INITIAL ACTION o NSC CORRESPONDENCE PROFILE 12 22 12 27 17 7606646 TO: PRES FROM: SECSTATE S/S UNCLAS LOG IN/ OUT X SCOWCROFT SECDEF LOU HYLAND DCI CUBSER,C NO FORN NODIS X REF C EYES ONLY EXDIS DAVIS STATE EXSEC S CODEWORD SOURCE/CLASS/DESCRIPTION OTHER TS SENSITIVE SUBJECT Jound of Discussion of the 145TH Mig of fee Permanent foint Board on Defence Carada 2 US INTERNAL ROUTING AND DISTRIBUTION REC ACTION REQUIRED ACTION CONCUR- COOR- INFO CY RENCE DINATE FOR ADV CYS S'CROFT/ WGH MEMO FOR SCOWCROFT. STAFF SECRETARY MEMO FOR PRES CONGRESSIONAL REPLY FOR ECONOMIC DISTRIBUTION/INITIAL ACTION ASGMT APPROPRIATE ACTION EUR/ CANADA/ OCEANS x X MEMO TO FAR EAST PRC RECOMMENDATIONS ( INTELLIGENCE JOINT MEMO ( LATIN AMERICA REFER TO FOR: a MID EAST/ NO. AFRICA ANY ACTION NECESSARY? NSC PLANNING X CONCURRENCE PROGRAM ANALYSIS X SCIENTIFIC DUE DATE: 1/4 COMMENTS: INCLUDING SPECIAL INSTRUCTIONS) SUB-SAH/ AFRICA / UN DATE FROM TO STATUS SUBSEQUENT ACTION REQUIRED (OR TAKENI: DUE CY TO 12/28 C na R per Hornbow SUBSEQUENT ROUTING/ACTIONS DEBALO " poRD DISPATCH NOTIFY MICROFILM a FILE RQMTS NSC/S DISP INSTR M/F'D SPECIAL DISPOSITION: CRT ID 1977 IF NS DY SPECIAL INDEXING: OPEN Aoc WH SA FP SUSPENSE CY ATTACHED AFYES CLOSE PA NSC 76-21 U.S. GOVERNMENT PRINTING OFFICE: 1976-220-930 599-022