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THE WHITE HOUSE
WASHINGTON
SECRET
October 19, 1971
Dear General Franco:
As you know, the United States has put forward a law of
the sea proposal which would provide for a right of free
transit through and overflight of international straits.
The successful negotiation of this right and of our pro-
posal for a twelve mile territorial sea at the Law of the
Sea Conference scheduled for 1973 is of the highest im-
portance to the United States and, we believe, to the
security of the West. I was disturbed, therefore, to
learn that Spanish officials have expressed opposition
to this proposal at various international gatherings, in-
cluding the General Assembly of the United Nations.
We believe that the right of free transit is essential for
preserving the mobility of both our general purpose and
nuclear deterrent forces, not only in meeting our com-
mitments in Western Europe, but in fulfilling our respon-
sibilities in other parts of the world as well. This right
would be an objective one, established by international
agreement and applicable to all straits used for interna-
tional navigation. We do not think that the present inter-
national law right of innocent passage is sufficient for
Western security requirements because it is a subjective
standard, does not include the right of overflight, and
carries a requirement that submarines must navigate on
the surface.
Your Government has closely identified itself with the
Western defense effort and we are pleased to know that
you anticipate an even more active role in the future. I
am confident, too, that Spain shares the concern of many
DECLASSIFIED
SECRET
E.O. 13526, Section 3.5
Per Hr. 6/11/2015 NLN 13-65/17308
By NARA, Date 5/27/2022
[p. 10f 2]
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"ocrText": "THE WHITE HOUSE\nWASHINGTON\nSECRET\nOctober 19, 1971\nDear General Franco:\nAs you know, the United States has put forward a law of\nthe sea proposal which would provide for a right of free\ntransit through and overflight of international straits.\nThe successful negotiation of this right and of our pro-\nposal for a twelve mile territorial sea at the Law of the\nSea Conference scheduled for 1973 is of the highest im-\nportance to the United States and, we believe, to the\nsecurity of the West. I was disturbed, therefore, to\nlearn that Spanish officials have expressed opposition\nto this proposal at various international gatherings, in-\ncluding the General Assembly of the United Nations.\nWe believe that the right of free transit is essential for\npreserving the mobility of both our general purpose and\nnuclear deterrent forces, not only in meeting our com-\nmitments in Western Europe, but in fulfilling our respon-\nsibilities in other parts of the world as well. This right\nwould be an objective one, established by international\nagreement and applicable to all straits used for interna-\ntional navigation. We do not think that the present inter-\nnational law right of innocent passage is sufficient for\nWestern security requirements because it is a subjective\nstandard, does not include the right of overflight, and\ncarries a requirement that submarines must navigate on\nthe surface.\nYour Government has closely identified itself with the\nWestern defense effort and we are pleased to know that\nyou anticipate an even more active role in the future. I\nam confident, too, that Spain shares the concern of many\nDECLASSIFIED\nSECRET\nE.O. 13526, Section 3.5\nPer Hr. 6/11/2015 NLN 13-65/17308\nBy NARA, Date 5/27/2022\n[p. 10f 2]"
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