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CONFIDENTIAL CONFIDENTIAL//NOFORN SECRET SECRET//NOFORN UNCLASSIFIED UNCLASSIFIED//FOR OFFICIAL USE ONLY

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### Viewing cable 66BUENOSAIRES2481, EXTENDED NATIONAL JURISDICTIONS OVER HIGH SEAS

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Reference ID | Date | Classification | Origin
--- | --- | --- | ---
66BUENOSAIRES2481 | 1966-12-28 18:06 | UNCLASSIFIED | Embassy Buenos Aires

`

    P R 281848Z DEC 66
    FM AMEMBASSY BUENOS AIRES
    TO SECSTATE WASHDC PRIORITY
    INFO USCINCSO
    CINCLANT
    AMEMBASSY RIO DE JANEIRO
    AMEMBASSY SANTIAGO
    AMEMBASSY MONTEVIDEO
    AMEMBASSY QUITO
    AMEMBASSY LIMA
    AMEMBASSY MEXICO
    AMEMBASSY OTTAWA
    AMEMBASSY LONDON
    STATE GRNC

` `

    UNCLASSIFIED BUENOS AIRES 2481

    Original Telegram was Confidential but has since been
    de-classified

    --------------------------------------------- ----
    Copy from the National Archives
    RG 59: General Records of the Department of state
    1964-66 Central Foreign Policy File
    File: POL 33-4 ARG
    --------------------------------------------- ----

    E.O. 12958: DECL: DECLASSIFIED BY NARA 09/02/2009
    TAGS: EFIS PBTS AR
    SUBJECT:  EXTENDED NATIONAL JURISDICTIONS OVER HIGH SEAS

    REF: STATE 106206 CIRCULAR; STATE CA-3400 NOV 2, 1966

    ¶1.  PRESS REPORTS AND VARIETY EMBASSY SOURCES CONFIRM
    NEW ARGENTINE LEGISLATION UNILATERALLY CHANGING SEAS JURIS-
    DICTION NOW UNDER ADVANCED REVIEW.  REPORTEDLY LAW WOULD
    ESTABLISH SIX MILE TERRITORIAL SEA, PLUS ANOTHER SIX MILES
    OF EXCLUSIVE FISHING JURISDICTION, PLUS ANOTHER EXTENDED ZONE
    OF "PREFERENTIAL JURISDICTION" FOR FISHING PURPOSES.  DRAFT-
    LAW UNDER CONSIDERATION IN ARGENTINE SENATE BEFORE JUNE 28
    COUP WOULD HAVE DEFINED ZONE OF PREFERENTIAL JURISDICTION
    AS "EPICONTINENTAL SEA OUT TO 200 METER ISOBAR".  IN SOUTHERN
    ARGENTINA THIS ZONE SEVERAL HUNDRED MILES WIDE AND BLANKETS
    FALKLAND ISLANDS.

    ¶2.  NAVATT STATES ARGENTINE NAVY THINKING OF PREFERENTIAL
    JURISDICTION OUT TO 200 MILES (AS IN PERU, ECUADOR, CHILE)
    RATHER THAN EPICONTINENTAL SEA.  200 MILE LIMIT DOES NOT
    RPT NOT REACH FALKLANDS.  ARGENTINE NAVY OFF TOLD NAVATT
    "200 MILE LIMIT SOON WILL BE STANDARD THROUGH HEMISPHERE".

    ¶3.  FONOFF OFFICIALS REFERRING TO RECENT BRAZILIAN AND US
    LEGISLATION HAVE INFORMALLY INDICATED DECISION ALREADY
    FINAL RE SIX MILE TERRITORIAL SEA PLUS SIX MILE EXCLUSIVE
    FISHING JURISDICTION, BUT THAT "PREFERENTIAL JURISDICTION"
    STILL UNDER STUDY.  TWO FONOFF MEN VOLUNTARILY AND INFORMALLY
    SOUGHT EMBASSY REACTION TO POSSIBLE EXTENDED PREFERENTIAL
    JURISDICTION BY SUGGESTING THAT US IN FACT HAS ACCEPTED
    UNILATERALLY CREATED ECUADORIAN, PERUVIAN AND CHILEAN 200 MILE
    LIMITS.  EMBOFF REJECTED IDEA US ACCEPTS THESE LIMITS IN ANY
    WAY AND POINTED OUT 1965 AMENDMENTS TO AID LEGISLATION AIMED
    AT FURTHER PROTECTING US FISHING RIGHTS.

    ¶4.  FONOFF LEGAL ADVISOR CONCEDES DISTINCTION BETWEEN
    "EXCLUSIVE" AND "PREFERENTIAL" FISHING JURISDICTION A SEMANTIC
    NICETY.  HE UNDERSTANDS THAT IN ZONE OF "PREFERENTIAL" JURIS-
    DICTION ARGENTINA WOULD CLAIM RIGHT TO TAX, LICENSE AND OTHER-
    WISE CONTROL ALL ACTIVITIES RELATED TO EXPLOITATION OF
    RESOURCES OF SEA.

    ¶5.  DRAFT LEGISLATION ON SEAS JURISDICTION LAY DORMANT UNTIL
    SUDDEN AND SUBSTANTIAL IN FISHIN ARGENTINE EPICONTINENTAL SEAS
    BY CUBAN AND EAST EUROPEAN (ESPECIALLY SOVIET) VESSELS PAST
    SIX MONTHS ALARMED ARGENTINE ARMED FORCES.  (SEE NAVATT IR
    5-804-0-140-66 OF NOV 18) NOT RPT NOT ALL SOVIET VESSELS WERE
    FISHING OR FACTORY TYPES.  FONOFF SOURCES INFORMALLY STATE
    ARMED FORCES PRESSURE MAKES EMISSION NEW LAW IMPERATIVE, QUITE
    POSSIBLY APPEARING WITHIN NEXT FEW WEEKS.  WHEN ASKED BY FONOFF
    MEN ABOUT "SECURITY PROBLEMS CREATED BY SOVIET TRAWLERS OFF US
    COAST", EMBASSY OFF REPLIED US DID NOT RPT NOT SEE THAT
    UNILATERAL ATTEMPT TO EXTEND SEAS JURISDICTION OFFERED ANY
    REALISTIC SOLUTION FOR POSSIBLE SECURITY PROBLEMS, WHILE SUCH
    ACTION COULD CREATE NEW SOURCES POSSIBLE MISUNDERSTANDING AND
    CONFLICT.

    ¶6.  RE PAR 3 STATE 106206 BELIEVE OUTLINED PROPOSAL MIGHT
    FORESTALL UNILATERAL ARGENTINE ATTEMPT TO SUBSTANTIALLY EXTEND
    "PREFERENTIAL" FISHING JURISDICTION ONLY IF EMBASSY CAN BE
    AUTHORIZED DISCUSS IDEA WITH ARGENTINES IMMEDIATELY. EVEN THEN
    CHANCES SUCCESS LIMITED BY (A) ADVANCED STAGE PROPOSED ARGENTINE
    LAW AND (B) PRIMACY SECURITY CONSIDERATIONS ARGENTINE THINKING.
    WE WOULD BENEFIT SOME FROM FONOFF LEGAL ADVISORS' QUALMS ABOUT
    UNILATERAL ACTION, AND FROM RESTRAINT OF RECENT BRAZILIAN
    LEGISLATION WHICH DID NOT RPT NOT GO BEYOND 12-MILE LIMIT.

    ¶7.  FOR DISCUSSION WITH ARGENTINES WOULD MODIFY TEXT IN STATE
    10942 CIRCULAR TO:  (A) MAKE ALL REFERENCES TO ARGENTINA, VICE
    CANADA; (B) REFER TO PROPOSED ARGENTINE CLAIMS OF PREFERENTIAL
    JURISDICTION OVER WATERS WE REGARD AS HIGH SEAS; (C) ELIMINATE
    REFERENCES TO "TRADITIONAL DISTANT WATER FISHERIES", SINCE
    ARGENTINE COAST NOT RPT NOT TRADITIONAL FISHING ZONE (WHEREAS
    NO. 3);  (D) ADD NOTATION THERE NO TRADITIONAL FISHING AND
    CONFINE OPERATIVE AGREEMENT TO PROVISIONS FOR NON-TRADITIONAL
    FISHING; (E) ELIMINATE LAST THREE PARS OF AIDE-MEMOIRE HANDED
    TO CANADIAN AMB.

    ¶8.  IF AUTHORIZED, ENVISAGE TWO-STEP APPROACH TO FONOFF.
    FIRST, INFORMAL AND ORAL, STRESSING OUR INTEREST IN FREEDOM OF
    HIGH SEAS, NOTING EARLIER FONOFF CONFIRMATION NEW LAW UNDER
    STUDY, OUTLINING OUR PROPOSAL IN GENERAL TERMS.  ON BASIS
    FONOFF REACTION, WE WOULD THEN COUCH AIDE-MEMOIRE IN TERMS
    WHICH WOULD APPEAR MOST LIKELY TO SUCCEED.

    GP-3
    SACCIO

`