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OUTGOING TELEG,RAM Depai-tment of tate 
INDICATE: D~COLLECT D CHARGE TO 
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34 ,. 
VERBATIM TEXT 
Ori~in ACTION: Amembassy MADR!tl PRlORff'Y' 2989 

Aft.ZB 	2 GO PM '6~ .
EUR 
Info: 
INFO~ 	Amembassy PARIS 5486 
Amembassy LONDON 6998 

' 
SS 	POLAD CINCLA~lT 
f 
G 
SP PARIS FOR JAMES 
L LONDON FOR USNAV:t.int 

H FROM STATE Ai.'lD DEFENSE
SMF 
DAC 

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USI~ 	Enactment Spanish. nuclear energy law requires formal 
NSC 
assurance at GoVernmenta level that US forces are in effect
INR CIA 
exempt from its requirementso Su~h undertaking would 90 beyond
NSA OSD 
terms of statement suggested EMBTELS 1821 and 1862 which refers 
ARMY 
NAVY 
only to liability aspects and not to safety assurances whi~h we 
AIR 
,also
AEC ~an.not ma:et.. we ar e not rpt not prepared make specific reference 
to presence ~f atomic weap!)nSo Phrase QUOTE act promptly to 
ful~ill its resp~nsibility fer making restitution UNQUOTE is 
ambiguous and could be interpreted as meaning responsibility 
established by Spanish law. Circumstances under which latter 
point could be covered we:ree _exp_lalned to Spani~h Embassy as set 
forth DEPTEL 2982 at which ti~e it was alsİ ind1cated that any 
Drafted by: 	Telegraphic transmission and 
~V_i!'D.e"t~ l"lt.61 "$a. class1fical1on approved by: G u Alexis Johnso 
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earan-ces~~ 
;.' ' ~ve B!.lr!dett S/S =Miss Moor G/PM -Mr. Orwick ~u~ -Mr. ~ L/EUR -Mr o Huang Navy -Capt 0 Calvert L/T -Mrs 0 McDowell G/P1"Pli9at1e1io~t~1~s COPY IS OSD -Mr 0 Lloyd and Mr 0 Hero ~ PROHIBITED UNLESS "UNCLASSIFIED" 
SANITIZED 	­
~~~M DS-322 
E.O. 13292 Sec. 3.5 
NLJ o'I~ J'7 
By~I NA . I ;Jafp. _11>-jJ,-1>'/­


-SECRET 
proposal to amend present claims arrangement in this direction must of course originate from Spanish sideo Should GOS advance such proposalo points covered ĞEPTEL 2982 should be reiterated and proposal submitted to us for consideration .. 
GOS assurance about exemption from law could take whatever form is acceptable to all interested elements of Spanish Governmento Statement from Munoz Grandes on behalf GOS would be quite acceptable to us but we have impression Foreign Office will make strong effort h ,:indle matter through exchange of notes on behalf both governments" 
f\llly 
we nonetheless believe Munoz Gran~es sh~uld be/apprised of discussions reported DEPl'EL 2982 prior to or at least at time further discussion held with Foreign Officeo 
Suggested text of exchange of notes which %~i:i::lx follows may 
be submitted to Foreign Office and handled with Munoz Grandes in 
whatever manner you consider appropriateo we would like review any 
changes you would wish make in text prior to tabling with GOSo You 
: ...w~~_ll note that paragraphs 3 and 4 include general language which 
..-....-~~:.l;:':t; · 
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serves broaden application ~f claims statement as well as provide 
for 
Y§ full relief~us forces o 

ii­
-SECRET ­
. 
3.3(b)(S) 

QUOTE I have the honor to refer to discussions which have recently taken place within the joint Spanish-United States Consultative Committee on Defense Matters concerning the conditions th~t govern the operation of nuclear-powered warships in Spanish ports, ana in particular the uee of the facility at Rota~ and to confirm the understandings reached as a result of these aiscussionsg 
0UOTE 1. It is understood that unless otherwise specified below, the provisions of the Spanish-United States Defense Agreement of September 260 19530 ~na its attendant technical and procedural agreements and any amendments thereto, will apply t İ> the forces of t he United States w~ile i n Spain or its t erritorial waters. ~QUOTE 2o The operation of nuclear~powered warships of the United St ates using Spanish ports will more specifically be governed by the following conditionsg 
ceilifies
a. The United states Government ~ · :ii:~x that reactİr safety aspects of designo crew training and operating pro~edures of the nuclear propulsion plants of United States nuclear-pcowered warships are reviewed by the United States Atomic Energy Commission and the statutory Advisory Co.mmittee on React@r Safeguardsu and are as defined in officially approved manuals~ The Uni~ed States 

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.' 

_:RrecauUins
Government also certifies that all safety ~~% s and 
procedures followed in connection with operations in United States 
ports will be strictly observed while its ships are in Spanish 
ports or their approaches~ 
b~ No effluent or other waste will be discharged which would c~use n me?.surable increase in the general background radioactivity of the environment~ waste disposal standards will be consistent with the recommendation of the xnternational Commission on Radio­logical Protectiono 
Co During the period when United States warships are in Spanish ports# their personnel will be responsible fo~ radiological control on board and for environmental monitoring in their immediate vicinity~ There will be consultation with respect to the results of such obse~a­tion as the Spanish Government may wish to .illiake in the vicinity of the United States warships to assure that the visiting ships are not creating a radioactive contamination hazardo 
d. The appropriate authorities of the Spanish Government will be notified immediately in the event of an accident involving the reactor of a warship in a Span•sh port or its approaches. 
e The United States Government assumes the responsibility to
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_,e S of telegram to 

salvage or otherwise make safe any United States nuclear-pow~red warship which might be incapacitated in a Spanish port or its approacheso 
f The United States Government does not make technical
o 
informa·tion on the design or operation of its nuclear-powered warships available in connection with port entryo While the United States Government will notu therefore, permit the boarding of its nucle~r-powered warships for the purpose of obtaining technical information concerning their propulsion plants or operating instructions, it will welcome the customary protocol visits to its nuclear-powered warships by representatives of the Spanish Governmento 
O.UOI'E 3. Despite the remoteness 0£ any possibility of injury to persons or damage to property ilnx~~Y reason of the presence of nuclear-powered warship~ and their supporting craft in Spanish iiii!iii~1 waters a Mtx*a~~a~xkla:adccmai~aJ~:xltx@lj~nmm~~ mtltiUt~~x~ it is~understood that any claims that may arise from a nuclear incident or accident involving such warships or their supporting crafte or any other elements of the United States forces that may be present in Spain or its territorial waters 0 will be dealt with promptly through diplomati.c channels in accordance with 
customary procedures for the settlement of international claims 
.-SECRET 



" 
SEC:Rft 
under generally accepted principles of law and equity. 
QUOTE 4. The foregoing arrangements are understood to fulfill all the requirements of Spanish law in so far as they apply to any United States forces that may be present in Spain or its territorial waterso 
QUOTE If the foregoing is acceptable to Your Excellency's Government, Y have the honor to propose that this note and Your Excellency's reply indicating concurrence shall constitute an agreement between our two Governments on this matter. UNQUOTEo 
we ~GOSwill wish agreement to be classified confidential and will itself issue some brief statement saying· it had entered into arrangements with US that satisfy Spanish requ~rements on this subject. GP-3. ENDo