TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12901
Nuclear Test Ban
Agreement Between the
UNITED STATES OF AMERICA
Signed at Washington November 18, 1997
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—
“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
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international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
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Seismic Observations: Nuclear Test Ban
Agreement signed at Washington November 18, 1997;
Entered into force November 18, 1997.
THE DEPARTMENT OF DEFENSE
OF THE UNITED STATES OF AMERICA
THE MINISTRY OF SCIENCE AND ACADEMY OF SCIENCES
OF THE REPUBLIC OF KAZAKHSTAN
ESTABLISHMENT AND OPERATION OF NUCLEAR TEST
SEISMIC MONITORING STATIONS IN KAZAKHSTAN
The Department of Defense of the United States of America and the Ministry of Science and Academy of Sciences of the Republic of Kazakhstan, hereinafter referred to as the Parties,
For the purposes of monitoring nuclear tests and contributing to the prevention of nuclear weapons proliferation,
Noting the accession of the Republic of Kazakhstan to the Treaty on the Non-Proliferation of Nuclear Weapons of July 1,1968,
Desiring to undertake projects related to the establishment, operation, and maintenance of nuclear test seismic monitoring stations located in the Republic of Kazakhstan,
In support of national and international requirements, including the Comprehensive Test Ban Treaty (CTBT),
Further desiring to obtain recognition of each Party's contribution herein towards its assessment under the CTBT,
Have agreed as follows:
In support of effective measures to verify nuclear weapons non-proliferation and to monitor nuclear testing and pursuant to the terms of this Agreement, the Parties shall establish new geophysical (seismic) monitoring stations located in the Republic of Kazakhstan, upgrade existing stations, and operate and maintain them, as mutually agreed.
This Agreement and all activities undertaken in accordance with this Agreement shall be subject to the same terms provided in Articles V, VI, VII, VIII, IX (paragraphs 1 and 2), X, XI, XII, and XIII of the provisions of the Agreement between the United States of America and the Republic of Kazakhstan Concerning the Destruction of Silo Launchers of Intercontinental Ballistic Missiles, Emergency Response, and the Prevention of Proliferation of Nuclear Weapons of December 13, 1993.
1. Each Party shall designate an Executive Agent which shall serve as the cooperating agency to implement this Agreement. For the United States, the Executive Agent shall be the United States Department of Defense, Air Force Technical Applications Center, hereinafter referred to as AFTAC. For the Republic of Kazakhstan, the Executive Agent shall be the Ministry of Science and Academy of Sciences, National Nuclear Center, hereinafter referred to as the NNC.
2. Each Party, following written notification to the other Party, may delegate the responsibilities of the Executive Agent for the implementation of this Agreement to other agencies, departments or government units.
3. The Parties shall, as appropriate, enter into supporting agreements for the implementation of this Agreement, hereinafter referred to as implementing agreements. In case of any inconsistency between this Agreement and the implementing agreements, the provisions of this Agreement shall prevail.
In order to facilitate the implementation of this Agreement, the U.S. Party shall:
1. Conduct site surveys at the agreed locations to determine exact siting and configuration of the stations.
2. Provide technical expertise to insure that the stations will meet initial operating capability standards when construction is complete, including communications requirements.
3. Provide necessary technical equipment for the establishment, operation, and maintenance of the stations.
4. Replace technical equipment owned by the United States, as required.
5. Arrange and fund for transmission of data, as needed, from the stations to the United States in accordance with U.S. technical requirements.
6. As needed, cooperate with Kazakhstan for the transmission of data recorded at U.S. International Monitoring System stations to Kazakhstan, in accordance with Kazakhstani technical requirements.
7. Provide depot level maintenance and support for the technical equipment owned by the United States.
8. To the extent required to satisfy U.S. technical requirements, train Kazakhstani personnel in the operation and maintenance of all U.S. owned technical equipment. Training may take place in the Republic of Kazakhstan or at training facilities in the United States. Such courses of instruction shall be conducted in English. All expenses for training of Kazakhstani personnel to satisfy U.S. requirements shall be borne by the U.S.
9. Retain title to all technical equipment provided by it in support of the stations, including the right to remove such equipment from the Republic of Kazakhstan when no longer required for purposes of this Agreement or upon its termination.
In order to implement this Agreement, the Kazakhstan Party shall:
1. Provide and fund for all necessary real estate, prepare the sites and construct all necessary facilities.
2. Provide all utilities and, except as otherwise set forth in this Agreement, equipment for the installation, operation and maintenance of the stations.
3. Operate and maintain the stations in accordance with this Agreement and mutually agreed upon procedures and arrangements, as set forth in an implementing agreement.
4. Fund all operations, maintenance and internal communications requirements of the stations, except as otherwise set forth in this Agreement.
5. Maintain physical security of all facilities and equipment associated with the stations, including data transmission lines and seismic field equipment and sensors, unless otherwise agreed. Provide U.S. personnel access to all technical equipment provided by the U.S. Party.
6. Cooperate with the United States for the transmission of data recorded at the stations to the United States, as required by the U.S. Party.
7. Arrange and fund for transmission of data, as needed, from U.S. International Monitoring System stations to Kazakhstan in accordance with the technical requirements of the Republic of Kazakhstan.
8. Make available all data recorded at the stations to the International Data Center (IDC) and, as required, the prototype or provisional IDC being developed in support of the CTBT.
9. When training of Kazakhstani personnel in the United States is required, provide trainees who have the required technical skills. Kazakhstan shall also provide translation services to assist the U.S. training team while instructing Kazakhstani personnel if such personnel do not have a working knowledge of the
English language. Personnel trained by the U.S. should remain on station at least three years following completion of the training course.
10. As required, arrange for the authorization of frequencies for land mobile radios and other communication requirements.
1. All activities of the Parties under this Agreement are subject to the availability of funds appropriated in accordance with the laws and regulations of each of the Parties. Each Executive Agent shall promptly notify the other if available funds are not adequate to fulfill its obligations under this Agreement. In such an event, the Executive Agents shall immediately take measures necessary to continue operations on a modified basis, as mutually agreed.
2. As set forth in Article IV, paragraph 22 of the CTBT, and the appropriate provisions of the Financial Regulations of the Preparatory Commission for the CTBT Organization, decisions of the Preparatory Commission (e.g., CTBT/PC/III/CRP.2/ Rev.2 and CTBT/PC/III/CRP.15/Rev.1) and taking into account any subsequent decisions taken by the Preparatory Commission and the CTBT Organization, the Parties may submit a request, either independently or jointly, for a reduced assessment to the Preparatory Commission or the Executive Council. Prior to such request, the Parties shall have agreed on the division of funding that each Party shall have contributed toward the establishment/upgrade of each station and the Republic of Kazakhstan shall have informed the CTBT Preparatory Commission or the Executive Council of the results of such agreements.
Visitors may visit the stations after receiving approval from both Executive Agents of the Parties.
All documentation provided in connection with this Agreement shall be in the English language. Any requirement to translate this documentation into the Russian or Kazakh language shall be the responsibility of the Kazakhstan Party.
Any disagreement relating to the interpretation or application of this Agreement shall be resolved only by consultation and negotiation between the Parties.
1. This Agreement shall enter into force upon signature and shall remain in force for ten years, with an automatic extension for subsequent ten year periods.
2. This. Agreement may be terminated by mutual agreement, or by either Party unilaterally upon six months prior written notification to the other Party of its intention to terminate this Agreement. This Agreement may be amended by the written agreement of the Parties.
DONE at Washington this eighteenth day of November, 1997, in two copies, each in the English and Kazakh languages, each text being equally authentic. In the event of divergence, the text in the English language shall prevail.
FOR THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA:
FOR THE MINISTRY OF SCIENCE AND ACADEMY OF SCIENCES OF THE REPUBLIC OF KAZAKHSTAN: