Foreign Relations of the United States, 1977–1980 Volume XXIV, South America; Latin America Region

64. Action Memorandum From the Director of the Bureau of Politico-Military Affairs (Gelb) to Secretary of State Vance¹

Washington, September 15, 1977

Arms Transfers to Argentina

Issue for Decision

Whether to authorize the sale to Argentina of MK–44 torpedoes, submarine periscopes, 3 Boeing CH–47C “Chinook” helicopters, 2 Lockheed KC–130 aerial tanker aircraft and various types of ammunition.

Essential Factors

On July 25 you approved a recommendation to limit denials of arms transfers to Argentina to those articles and services which could be used by police and other civil law enforcement agencies. You added, however, that you would review all proposals on a case by case basis.²

We are submitting for your decision several sales proposals by U.S. firms and requests to purchase by Argentine military organizations. With the possible exception of light mortars, none of the items listed is known to have been used against urban or rural guerrillas, to have been otherwise involved in human rights violations in Argentina or to be potentially effective instruments of repression against individuals or small groups. Nonetheless, D/HA objects to the approval of most of these cases because there has been no improvement in the human rights situation in Argentina. D/HA is sending you a separate memorandum concerning its views on these proposed arms transfers.³ A legal brief is attached.⁴

Cases to be Decided

No objections have been raised to approval of the following cases by PM, ARA, or ACDA.

1. Periscopes—A Munitions List license application by Kollmorgen Corporation to export six sets of attack and search periscopes (12 periscopes in all) valued at $4.4 million for installation in six new West German-built submarines.

Recommendation: That you approve the issuance of the license.⁵

2. Lockheed KC–130 Tanker Aircraft—Lockheed has applied to the Office of Munitions Control for an advisory opinion on eventual approval of the sale of two aircraft if present Argentine Government interest in them results in a contract. Although an advisory opinion is not binding, its issuance anticipates eventual approval of any sale which might materialize. These planes would most likely be used to refuel aircraft involved in search and rescue operations and in Antarctic activities.

Recommendation: That you approve the issuance of a favorable advisory opinion.⁶

3. Helicopters—Responding to an Argentine Army request for a proposal, Boeing Vertol Division has applied to the Office of Munitions Control for an advisory opinion about the possible sale of 3 CH–47C Chinook logistic transport helicopters. Although an advisory opinion is not binding, its issuance anticipates eventual approval of any sale which might materialize. These aircraft, which are variously configured to carry 33–44 persons and equipment, are limited to transport functions. They cannot be used as “gunships”.

Recommendation: That you approve the issuance of a favorable advisory opinion.⁷

4. Torpedoes—An Argentine Navy request for cost and availability data for 18 Mark 44 torpedoes. These are acoustically guided anti-submarine torpedoes, which are being replaced in the USN inventory by more modern models.

Recommendation: That you approve the Argentine Navy request.⁸

5. Bombs and Artillery Ammunition—Argentine Army, Navy and Air Force requests to purchase ammunition and ammunition components as follows:

a. a. 15 projectiles, 5" 38mm-illuminating (for naval guns)

a. b. 150 projectiles, 155mm-high explosive artillery

a. c. 50 projectiles, 155mm-illuminating artillery

a. d. 250 propelling charges for 155mm artillery projectiles

a. e. 762 artillery fuses

a. f. 750 artillery percussion primers

g..g. 10,000 cartridges, 20mm electric (used to ignite charges in naval artillery)

h..h. 10 bombs, 500lb. general purpose, MK–82, with retarding fins.

Recommendation: That you approve the sale of the medium artillery ammunition and bombs.⁹

6. Cartridges—The Argentine Navy wishes to buy the following:

a...a. 50,000 cartridges, cal. .50 ball (standard bullet), aircraft grade

a. b. 30,000 cartridges, cal. .50 tracer, aircraft grade (above are probably for use in the A–4 aircraft)

Recommendation: That you approve the sale of these cartridges.¹⁰

7. Shells—The Argentine Army wishes to buy the following:

a. a. 550 shells, 4.2", 107mm-high explosive, for mortars

a. b. 40 shells, 4.2", 107mm-illuminating, for mortars

Recommendation: That you approve the sale.¹¹

1. Source: National Archives, RG 59, Office of the Deputy Secretary: Records of Warren Christopher, 1977–1980, Lot 81D113, Box 27, Human Rights—Argentina II. Confidential. Sent through Benson. Drafted by Titus on September 8. Cleared in ARA/RPP/PM, PM, ACDA/WEC/ATE, and PM/MC and by Bumpus, L. Brown, and Lake. O. Jones was informed.
2. See Document 59.
3. In a September 15 memorandum to Vance, Derian noted that “all, but one, of the pending Argentine requests for government to government FMS cash sales are for deadly weapons and ammunition.” She added: “Fine distinctions can be drawn about which of these are useful for internal security purposes and which are not, but I, for one, do not wish to argue such fine distinctions before Congress or in the public press.” She recommended that Vance “disapprove or defer at this time the pending arms transfers to Argentina with the exceptions noted in the attachment.” In an undated attachment entitled “Cases to be decided,” HA recommended that approval be given for some items, provided that “we reserve the option to stop the actual export if human rights conditions do not improve,” and for some sales which “should only be permitted if the Argentine government is willing to assure us that the equipment will not be used for internal security purposes.” (National Archives, RG 59, Bureau of Human Rights and Humanitarian Affairs, 1976–1977 Human Rights Subject Files and Country Files, Lot 80D177, Box 1, 1977—Human Rights—Argentina Arms) In a September 20 memorandum to Vance, Benson disagreed with the conclusions of the Derian memo. (National Archives, RG 59, Office of the Deputy Secretary: Records of Warren Christopher, 1977–1980, Lot 81D113, Box 27, Human Rights—Argentina II)
4. Attached but not printed.
5. Christopher initialed the approve option. In a September 27 memorandum to Lamb, Ericson wrote: “It seems to me the item that must be approved is the periscopes. These have no human rights implications and to deny this sale would be to extend our embargo to German-manufactured equipment. We certainly would not wish to complicate this situation with problems with the Germans.” (National Archives, RG 59, Office of the Deputy Secretary: Records of Warren Christopher, 1977–1980, Lot 81D113, Box 13, Human Rights—Argentina—I)
6. Christopher initialed the approve option. Next to his approval, he wrote, “if delivery possible before 10–1–78,” then crossed out this comment. In a September 29 memorandum to Christopher, Bennet wrote that he had “real problems” with the memorandum from Gelb to Vance, noting that “approving these requests in face of continuing human rights violations, appears to me to fly into the face of Congressional sentiment on Argentina. The sales may be impossible to implement in any case because of the embargo.” (Ibid.)
7. Christopher initialed the approve option. Next to his approval, he wrote, “if delivery possible before 10–1–78 and with same guarantees [illegible] Bell helicopters,” then crossed out this comment. In a September 30 memorandum to Christopher, Oxman wrote: “Incidentally, the Argentine desk has learned that the Argentines are very likely to refuse to give the assurances we sought re the eight Bell helicopters.” (Ibid.)
8. Christopher crossed out a check written in the space for the disapprove option, wrote in a “hold” option next to it, checked it, and marked an asterisk next to it. At the bottom of the page, he marked an asterisk and wrote: “for consideration with other requests now pending.”
9. Christopher crossed out a check written in the space for the disapprove option, wrote in a “hold” option next to it, checked it, and marked an asterisk next to it. At the bottom of the page, he marked an asterisk and wrote: “for consideration with other requests now pending.”
10. Christopher checked the disapprove option. In a September 27 memorandum to Lamb (see footnote 5, above), Ericson wrote, “Since the Navy is the hardnosed outfit in Argentina, and since the caliber 50 ball and tracer cartridges come the closest of any items on the list to being useful for the suppression of dissidents, you might wish to disapprove their sale. We would, of course, sigh and shake our heads.” (National Archives, RG 59, Office of the Deputy Secretary: Records of Warren Christopher, 1977–1980, Lot 81D113, Box 13, Human Rights—Argentina I)
11. Christopher crossed out a comment written in the space for the disapprove option, wrote in a “hold” option next to it, checked that option, and marked an asterisk next to it. At the bottom of the page, he marked an asterisk and wrote: “see prior page,” a reference to the option noted in footnotes 8 and 9 above: “for consideration with other requests now pending.”