418. Memorandum From the Deputy Assistant Secretary of State for Far Eastern Affairs (Sebald) to the Deputy Under Secretary of State for Political Affairs (Murphy)1
SUBJECT
- Meeting with Defense on the Philippine Military Bases Negotiations
For several weeks Mr. Bendetsen has been negotiating with the Philippines on what appeared to be the principal point at issue, which was revision of the article on criminal jurisdiction. At an informal meeting with President Magsaysay and a subsequent formal meeting with the Philippine Panel,2 however, it became apparent that the Philippines are in substantial disagreement with us on a number of basic points. Several of these points were introduced for the first time in these meetings, and several of them would require modification of our Mutual Defense Treaty and our aid program. It is believed that Defense will find most, if not all, of the Philippine proposals unacceptable.
Mr. Bendetsen recommends, and seeks authorization for, the calling of a formal meeting on December 2. At this time he would explain that the Philippine proposals are so extensive that he must return to Washington with his delegation immediately for study. He believes that it will be impossible to arrange matters so that the negotiations will appear to have been stopped at Philippine initiative. A decision on Mr. Bendetsen’s request should be sent to him today or tomorrow. I recommend that he be authorized to hold the desired meeting and then to return to Washington, as I see no real possibility of the negotiations being successfully continued at this point in view of the scope of the disagreement between the two panels.
Mr. Bendetsen has also recommended that before his departure he be authorized to transfer to the Philippines the title papers and title claims to our bases as foreseen by the Nixon–Magsaysay statement of July 3. He believes, and states that our Chargé3 agrees, that failure to do so would cause irreparable damage to Philippine-American relations. The transfer would be carried out by exchange of notes and would provide for our retention of the properties needed for our diplomatic establishment. Mr. Bendetsen believes that he has authority to carry out this transfer and desires only to have it confirmed. [Page 700] This authority, which was given him several months ago, appears to have been superseded by the Secretary’s letter of October 6,4 which specifically authorized the transfer of title as a part of a general agreement on base problems. There are arguments in favor of permitting the transfer, however: Our title holdings do not appear to have further value to us as bargaining assets, and the Philippine Panel could probably arouse public resentment against us if we do not follow through with their transfer as anticipated. It would be preferable for us to explain failure of the negotiations in terms of Philippine unwillingness to give us as satisfactory a jurisdiction arrangement as we have with other countries, and our ability to do so will be increased if the unrelated and highly emotional title issue is deleted. I note that when the subject was discussed with him on November 14, President Eisenhower stated that if negotiations failed, he wanted it made clear that they had broken down solely because the Philippines would not meet our minimum position on criminal jurisdiction.
On the other hand, the Nixon–Magsaysay statement has been understood by us to mean that we would give up title only if the Philippines would provide us, at their expense, with use of the new land we need. Transferring title now, when it is clear that they will not carry out their side of the bargain, would violate the understanding expressed in the statement, and might be taken by some Filipinos as a victory for their negotiators rather than as a friendly gesture by the United States. I believe that Walter Robertson would recommend against transferring title now.
- Source: Department of State, Central Files, 711.56396/11–3056. Secret. Drafted in SPA.↩
- These meetings are summarized in telegrams 1463, November 27, and 1485, November 29, from Manila. (Ibid., 711.56396/11–2856 and 711.56396/11–2956, respectively)↩
- Horace H. Smith. On November 6, Ambassador Nufer died of a heart attack.↩
- Not printed.↩