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 You are in: Under Secretary for Arms Control and International Security > Bureau of International Security and Nonproliferation (ISN) > Treaties & Agreements > Current Treaties and Agreements 

Article XVIII. Provisional Application and Phasing of Implementation of the Treaty

Bureau of Arms Control
Washington, DC

In order to facilitate the implementation of this Treaty, certain of its provisions shall be provisionally applied and others shall be implemented in phases.

SECTION I. PROVISIONAL APPLICATION

1. Without detriment to Article XVII, the signatory States shall provisionally apply the following provisions of this Treaty:

  1. Article VI, Section I, paragraph 4;

  2. Article X, paragraphs 1, 2, 3, 6 and 7;

  3. Article XI;

  4. Article XIII, Section I, paragraphs 1 and 2;

  5. Article XIV; and

  6. Annex L, Section I.

2. This provisional application shall be effective for a period of 12 months from the date when this Treaty is opened for signature. In the event that this Treaty does not enter into force before the period of provisional application expires, that period may be extended if all the signatory States so decide. The period of provisional application shall in any event terminate when this Treaty enters into force. However, the States Parties may then decide to extend the period of provisional application in respect of signatory States that have not ratified this Treaty.

SECTION II. PHASING OF IMPLEMENTATION

1. After entry into force, this Treaty shall be implemented in phases in accordance with the provisions set forth in this Section. The provisions of paragraphs 2 to 6 of this Section shall apply during the period from entry into force of this Treaty until 31 December of the third year following the year during which entry into force takes place.

2. Notwithstanding the provisions of Article IV, paragraph 1, no State Party shall during the period specified in paragraph 1 above use an infra-red line-scanning device if one is installed on an observation aircraft, unless otherwise agreed between the observing and observed Parties. Such sensors shall not be subject to certification in accordance with Annex D. If it is difficult to remove such sensor from the observation aircraft, then it shall have covers or other devices that inhibit its operation in accordance with the provisions of Article IV, paragraph 4 during the conduct of observation flights.

3. Notwithstanding the provisions of Article IV, paragraph 9, no State Party shall, during the period specified in paragraph 1 of this Section, be obliged to provide an observation aircraft equipped with sensors from each sensor category, at the maximum capability and in the numbers specified in Article IV, paragraph 2, provided that the observation aircraft is equipped with:

  1. a single optical panoramic camera; or

  2. not less than a pair of optical framing cameras.

4. Notwithstanding the provisions of Annex B, Section II, paragraph 2, subparagraph (A) to this Treaty, data recording media shall be annotated with data in accordance with existing practice of States Parties during the period specified in paragraph 1 of this Section.

5. Notwithstanding the provisions of Article VI, Section I, paragraph 1, no State Party during the period specified in paragraph 1 of this Section shall have the right to be provided with an aircraft capable of achieving any specified unrefuelled range.

6. During the period specified in paragraph 1 of this Section, the distribution of active quotas shall be established in accordance with the provisions of Annex A, Section II, paragraph 2 to this Treaty.

7. Further phasing in respect of the introduction of additional categories of sensors or improvements to the capabilities of existing categories of sensors shall be addressed by the Open Skies Consultative Commission in accordance with the provisions of Article IV, paragraph 3 concerning such introduction or improvement.


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