Foreign Relations of the United States, 1961–1963, Volume XXV, Organization of Foreign Policy; Information Policy; United Nations; Scientific Matters

427. Memorandum From the Assistant Secretary of State for International Organization Affairs (Cleveland) and the Deputy Legal Adviser (Meeker) to Secretary of State Rusk¹

Washington, July 19, 1963.

SUBJECT

• Further Approach to Soviets on Outer Space Legal Questions

Discussion

The United States Delegation to the UN Legal Subcommittee on Outer Space recommended in its report that a further approach be made to the Soviets on questions of outer space law prior to the September 1963 session of the parent UN Committee on the Peaceful Uses of Outer Space.² A draft paper on questions of space law was attached to the Delegation’s Report, and was circulated within the Department of State and to Defense and NASA for clearance.³ There has been general agreement on this paper and on the desirability of handing it to the Soviets some time before September. Decision was reserved as to timing.

We think it is now timely to go forward with the approach. Developments in Moscow in connection with the test ban talks and the Sino-Soviet breach suggest improved prospects for our being able to reach some agreements with the Soviets on matters of outer space law. This is an area where the U.S. has long felt that cooperation with the Soviet Union is of mutual interest and is possible.

These developments may not, of course, portend any change in Soviet policy on reaching a space law agreement. Recently, the Soviets replied to Ambassador Stevenson’s letter of June 6, to the United Nations Secretary-General, in which we called attention to Soviet failure to register six space launchings.⁴ The reply, while hostile in tone, is milder than earlier Soviet propaganda on some points. So far, the Soviets have chosen not to circulate it as an official UN document, leaving the reply as a USSR Mission press release.

In sum, we think the prospects of a shift in Soviet attitude worth exploring.

There is sentiment among UN Members favoring a further effort by the United States and USSR to arrive at some agreements in the field of outer space law. It would be to our advantage to make an approach before the September session of the UN Outer Space Committee, and to do so far enough in advance of that session so that we will be in a position to refer publicly to our approach if this should become desirable.

USUN reports from New York that Austrian Ambassador Matsch (Chairman of the Outer Space Committee) has this week commenced talks with the Soviets on outer space. Ambassador Fedorenko is reported to have said the USSR was “eager for consultations with the U. S. on legal matters”. If we do not respond directly, there is a risk that Matsch will take the initiative in proposing some compromises which would not be in our interest.

At the end of June we gave the United Kingdom a copy of the attached paper (Tab A)⁵ for their comments, and we plan to inform the other friendly members of the Outer Space Committee of our approach to the Soviets.

Recommendation

That you approve a further approach to the Soviets in New York on outer space law questions, along the lines of the paper attached at Tab A.⁶

1. Source: National Archives and Records Administration, RG 59, Central Files 1960–63, SP 6 UN. Confidential. Drafted by Meeker and concurred in by Robert F. Packard (SCI), Raymond L. Garthoff (G/PM), and John C. Guthrie (EUR). An attached note by Rusk reads: “If this has not been cleared with NASA &Space Council, it should be.” Another attachment noted that Welsh of the Space Council approved the paper on July 22, and noted the approval of the Defense Department and NASA representatives.
2. The report of the U.S. Delegation is in the Kennedy Library, National Security Files, Departments and Agencies Series, Space Activities, General, 1/63–5/63, Box 307.
3. The text of this undated draft paper was very similar to the text attached as Tab A to this memorandum; see footnote 5 below.
4. For text of Stevenson’s letter, see Department of State Bulletin, July 15, 1963, pp. 104–105. The Soviet reply has not been found.
5. Not printed. Elements of this paper were included in Resolution 1962 (XVIII), “Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space,” which was adopted unanimously by the UN General Assembly on December 13. For text, see American Foreign Policy: Current Documents, 1963, pp. 1087–1089.
6. Secretary Rusk approved the recommendation.