249. Memorandum From Ashley Hewitt of the National Security Council Staff to the President’s Deputy Assistant for National Security Affairs (Haig)1 2
SUBJECT:
- Johnny Express Incident
I have talked to both State and Sonnenfeldt’s office to convey the sense of urgency you conveyed to me. On the basis of our conversation I assume the necessary air and sea units will be available in the general area in the event of a repetition. It is possible that the Cubans have frightened themselves this time and will not attempt a third seizure. On the other hand, they may be tempted to try a repeat performance on the basis of two successes. (Baboun Enterprises, which owns both the Johnny Express and the Lilah Express, previously seized by the Cubans, owns three or four other vessels plying the same waters.) Hence, an important question becomes the rules of engagement against:
- —Cuban aircraft; and
- —Cuban surface combatants
Other factors are whether contact occurs in or over international waters, Cuban territorial waters, or in the territory of a third state. I assume the Joint Chiefs of Staff will develop the rules of engagement, but it would be very helpful if we could look at them once they are drafted.
- Source: National Archives, Nixon Presidential Materials, NSC Files, Box 781, Country Files, Latin America, Cuba, Vol. III, 1971. Confidential. Sent for information. Haig underlined the words “if we could look at them once they are drafted” and wrote: “Agree!” In Telegram 5892 to CINCLANT, December 17, JCS told CINCLANT to prepare plans to protect U.S. citizens and freedom of the seas. (Ibid.)↩
- Hewitt raised the issue of rules of engagement in dealing with Cuban ship seizures in international waters.↩