238. Memorandum From the President’s Assistant for National Security
Affairs (Scowcroft) to
President Ford1
2
Washington, November 1, 1976
SUBJECT:
- Presidential Determination to Make the Sudan Eligible to Purchase
Defense Articles and Services Under the Arms Export Control
Act
Deputy Secretary of State Robinson
recommends, with the concurrence of the Department of Defense, that you
make a Determination under the Arms Export Control Act that the sale to
the Sudan of defense articles and services will strengthen the security
of the United States and promote world peace (Tab B). A proposed
Determination and justification are at Tab A.
This Determination is required to establish the eligibility of the Sudan
to purchase military equipment and services from the United States on a
government-to-government basis. President Nimeiri, during his talk with
you in June and in subsequent official communications from his
government, has requested that the Sudan be made eligible for such
government-to-government transactions. He sees this as an important
element in improving U.S.-Sudanese relations. His request is strongly
supported by Egypt and Saudi Arabia, who wish to strengthen the moderate
regime of Nimeiri in the face of Libyan-backed subversion and Soviet
animosity.
The largest country in Africa, the Sudan occupies a strategically vital
geographic position, with its boundaries extending from Egypt, the Red
Sea, and Ethiopia in the North and East to Kenya, Zaire, and other
central African states in the South and West. The orientation and
stability of the Sudanese government has a very significant potential
impact upon events in neighboring states where the United States has
vital interests, primarily Egypt and Ethiopia, but also Kenya and Zaire.
The Sudan also has a
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potentially important role in the struggle between moderate and radical
forces for control of the Red Sea and the Horn of Africa. It is in the
national security interest of the United States for the Sudan and its
neighboring states to be in moderate and friendly hands.
While the Determination does not commit the United States to any
particular Foreign Military Sales, it does allow the option of
entertaining requests from the Sudan for purchases of military goods and
services. Two specific requests which probably will be made after
signature of the Determination are for C–130 aircraft and for the
training of a small number of Sudanese officers. Because it will take
some time to develop the actual requests, however, the question of
Administration approval and notification to Congress will not be
confronted in the near future. Accordingly, the justification which
accompanies the Determination makes no reference to specific military
goods or services.
Some public and Congressional concern might focus on President Nimeiri’s
1973 transfer to Egypt of Ambassador Noel’s assassins. Apparently,
however, Nimeiri handled this question well in his discussions with the
Senate Foreign Relations Committee and the House International Relations
Committee last June, and no major criticism is expected.
Max Friedersdorf and Jack Marsh concur in this recommendation, as does
OMB (Tab C).
RECOMMENDATION -
That you sign the Presidential Determination at Tab A.
[Page 3]
Tab A
Presidential Determination No. 77–5
Washington, November 5, 1976
MEMORANDUM
- FOR THE SECRETARY OF STATE
SUBJECT:
- Eligibility of the Sudan to Make Purchases of Defense Articles
and Defense Services Under the Arms Export Control Act, as
Amended
Pursuant to the authority vested in me by Section 3(a) (1) of the
Arms Export Control Act, as amended, I hereby find that the sale of
defense articles and defense services to the Government of the
Democratic Republic of the Sudan will strengthen the security of the
United States and promote world peace.
You are directed on my behalf to report this finding to the
Congress.
This finding, which amends Presidential Determination No. 73–10 of
January 2, 1973 (38 F.R. 7211), as amended by Presidential
Determinations No. 73–12 of April 26, 1973 (38 F.R. 12799), No. 74–9
of December 13, 1973 (39 F.R. 3537), No. 75–2 of October 29, 1974
(39 F.R. 39863), No. 75–21 of May 20, 1975 (40 F .R. 24889), No.
76–1 of August 5, 1975 (40 F.R. 37205), No. 76–11 of March 25, 1976
(41 F.R. 14163), and No. 76–12 of April 14, 1976 (41 F.R. 18281),
shall be published in the Federal Register.
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JUSTIFICATION FOR PRESIDENTIAL DETERMINATION ON THE
ELIGIBILITY OF THE SUDAN TO MAKE PURCHASES OF DEFENSE ARTICLES
AND DEFENSE SERVICES UNDER THE ARMS EXPORT CONTROL ACT, AS
AMENDED
Problem
Section 3(a) (1) of the Arms Export Control Act, as amended
(hereinafter referred to as “the Act”), requires, as a condition
of eligibility for the purchases of defense articles or defense
services from the United States under the Act, that the
President find that the furnishing of defense articles and
services to the country concerned “will strengthen the security
of the United States and promote world peace.”
Justification
Presidential Determination No. 73–10, dated January 2, 1973,
established a consolidated list of countries eligible to make
purchases under the Act. Periodic revisions of this list are
necessary because of the changing international circumstances.
Since January 2, 1973, seven countries have been added to the
list.
The largest country in Africa, the Sudan occupies a strategically
vital geographic position, with its boundaries extending from
Egypt, the Red Sea, and Ethiopia in the North and East to Kenya,
Zaire, and other central African states in the South and West.
It is in the national security interest of the United States for
the Sudan and its neighboring states to be in moderate and
friendly hands.
Under the leadership of President Nimeiri, the Sudan reconciled
the long-standing differences between its North and South,
putting an end to the southern insurgency in 1972. Its external
policies steadily have become oriented more toward moderation in
African and Middle Eastern affairs and toward closer
collaboration with the West. The Sudan gave unqualified support
to United States efforts in concluding the Sinai Agreement
between Israel and Egypt. It has sought actively to use its
position as a bridge between Africa and the Arab world to
mediate disputes, notably that between Ethiopia and the Eritrean
rebels. In this role, it was able to effect the safe release of
all American citizens who had been taken prisoner by the
Eritreans. Internally, the Sudan is embarking upon the process
of nation-building and economic development. It is working with
other Arab countries, Western countries, and international
institutions to develop its vast agricultural potential.
[Page 5]
These moderate policies have brought the Sudan into close
relations with Egypt and Saudi Arabia, but have also generated
friction between the Sudan and Libya, as attested by the
Libyan-supported coup attempt of July 2–3. In keeping with the
moderate trend of its policies, the Sudan has expressed clearly
its desire for closer relations with the United States. Its
recent experiences also have led the Sudan to decide upon an
effort to increase the capacity of its armed forces, in order to
maintain internal security and to defend the country forcefully
against external threats. In so doing, it is turning away from a
past orientation toward Soviet-supplied weapons, equipment, and
training.
Following his recent visit to the United States, President
Nimeiri expressed an interest in obtaining from the United
States assistance in the military field. By responding
positively, the United States will be promoting regional
moderation and stability in an important area. It is expected
that the Sudan will make requests to buy defense articles and
services under the Arms Export Control Act, and each such
request will be considered carefully upon its merits.
Conclusion
By determining that Sudan is eligible to make purchases under the
Arms Export Control Act, as amended, the United States will
strengthen Sudan’s moderate leadership and development, improve
its defense capability, foster regional stability, and encourage
the Sudan to continue its constructive role in African and
Middle Eastern politics, thereby strengthening the security of
the United States and promoting world peace.
