U.S. Department of State

The United States and Azerbaijan look forward to the prospective entry into force on 15 May, 1997, of the Document Agreed Among the States Parties to the Treaty on Conventional Forces in Europe of 19 November, 1990, dated 31 May 1996 ('The CFE Flank Agreement'). The United States and Azerbaijan affirm their joint understanding that with respect to the region covered by the Treaty on Conventional Forces in Europe of November 19, 1990, a State's military forces should be deployed on the territory of another State only with the freely expressed consent of the host country.

They further affirm that with respect to the CFE flank agreement, it is their common understanding that this agreement:

• does not give any State Party the right to station (under Article IV, paragraph 5 of the Treaty) or temporarily deploy (under Article V, paragraphs 1 (b) and (c) of the Treaty) conventional armaments and equipment limited by the Treaty on the territory of other States Parties to the Treaty without the freely expressed consent of the receiving State Party;
• does not alter or abridge the right of any State party under the CFE Treaty to utilize fully the maximum levels for its holdings of conventional armaments and equipment limited by the Treaty notified pursuant to Article VII of the Treaty;
• does not alter in any way the requirement for the freely expressed consent of all States Parties concerned in the exercise of any reallocations envisioned under Article IV, paragraph 3 of the CFE Flank Agreement.

The United States acknowledges the absence of foreign military bases on the territory of the Azerbaijan Republic and supports the position taken by Azerbaijan that the temporary presence of foreign troops on its territory may be based only on a duly concluded agreement with Azerbaijan according to its constitution and in conformity with international law.

The United States and Azerbaijan reiterate their concern with regard to conventional armaments and equipment of types limited by the Treaty, which are unaccounted for and uncontrolled within the Treaty. They recognize the obligation of all States Parties to work in a cooperative manner within the Joint Consultative Group to develop practical steps toward fulfilling the commitment of the States Parties, as expressed in the Review Conference Final Document, to resolve the issue of unaccounted-for-TLE as soon as possible and achieve full implementation of all Treaty provisions.

The United States supports the sovereign right of Azerbaijan, as a free and independent State, to take the position under the CFE Treaty contained in the statement of the Chairman of the First CFE Review Conference on May 31, 1996, that temporary deployment and reallocation of quotas referred to in Section IV, paragraphs 2 and 3 of the CFE Flank Agreement will not be used in the context of the Azerbaijan Republic.

Signed: May 21, 1996
Foreign Minister Araz Azimov for Azerbaijan
Under Secretary of State Lynn E. Davis for the United States