Key Point: Part Nine of the Protocol contains ten agreed statements. All of the agreed statements are an integral part of the legally binding New START Treaty, but the specific language of each statement must be evaluated to determine whether it imposes specific legal obligations. Six of the agreed statements provide specific procedures to address U.S. systems and practices that did not fit easily within Treaty constraints; as a result the United States will continue certain operational practices as well as maintain the ability to address future requirements.
First Agreed Statement: Establishes the procedures (including exhibitions and inspections) that apply to B-1B heavy bombers that are converted from heavy bombers equipped for nuclear armaments to heavy bombers equipped for non-nuclear armaments, and to the facilities at which they are based. This statement relates to the Treaty right of the United States to remove B-1B heavy bombers from accountability under the Treaty once they have all been converted. (The statement would also apply to other types of heavy bombers in the future if all heavy bombers of a given type were converted to be equipped for non-nuclear armaments.)
Second Agreed Statement: Establishes the procedures (including exhibitions and inspections) that are to be applied to the four U.S. submarines (known as SSGNs) that have been converted from ballistic missile submarines to submarines equipped with launchers of cruise missiles and to support the operations of Navy special operations forces (SEALs). This statement relates to the Treaty right of the United States to remove the converted launchers on the four SSGNs from accountability under the Treaty.
Third Agreed Statement: Provides for an exception to the general prohibition in paragraph 9 of Article IV of the Treaty against joint basing of heavy bombers equipped for nuclear armaments with heavy bombers equipped for non-nuclear armaments. This statement will permit the United States to jointly base B-1B and B-52H bombers equipped for nuclear armaments and converted B-1B and B-52H bombers equipped for non-nuclear armaments, and it provides inspection procedures for that circumstance.
Fourth Agreed Statement: Provides that heavy bombers located at Davis-Monthan Air Force Base shall remain based at a separate declared air base and shall be considered to be deployed heavy bombers until they are converted or eliminated in accordance with Part Three of the Protocol. The agreed statement provides specific inspection procedures for the heavy bombers until they are converted or eliminated.
Fifth Agreed Statement: Records the Parties agreement that the production, testing, or deployment of systems designed for rapid reload of ICBM launchers and SLBM launchers is unwarranted and should not be pursued by either Party.
Sixth Agreed Statement: Reflects the agreement of the Parties that the exchange of telemetric information under the New START Treaty is designed to help forge a new strategic relationship, and not to undermine the potential of the strategic offensive arms of the Parties. The statement does not impose a legal obligation on the Parties to either take or not take any particular action. The specific details governing the exchange of telemetric information can be found in Article IX, Part Seven of the Protocol, and the Annex on Telemetric Information.
Seventh Agreed Statement: Provides for exhibitions of the five former silo launchers at Vandenberg Air Force Base, CA that were converted from ICBM test launchers to missile defense interceptor launchers before Treaty signature. These converted silo launchers are grandfathered under the Treaty, which otherwise bans such conversions.
Eighth Agreed Statement: Based on the premise that there is no military utility in loading both nuclear and non-nuclear reentry vehicles together on an ICBM or SLBM, this agreed statement provides that non-nuclear objects, if located on a front section that has been declared to be equipped with at least one nuclear-armed re-entry vehicle, shall not be counted against the Treaty’s aggregate limit of 1,550 warheads. The statement also provides the right of a Party to confirm that each declared non-nuclear object is, in fact, non-nuclear, using procedures contained in the Annex on Inspection Activities. In practice, this means that objects such as penetration aids and ballast objects will not count toward the Treaty’s warhead limit.
Ninth Agreed Statement: Establishes that individual SLBM launchers located on ballistic missile submarines that continue to contain SLBM launchers may be converted so that they are no longer capable of launching an SLBM. The agreed statement also establishes procedures (including exhibitions and inspections) that are to be applied to such converted SLBM launchers to demonstrate distinguishing features associated with them. A converted launcher will not count against the Treaty’s central limits.
Tenth Agreed Statement: Exempts from customs duties and related taxes and other charges all equipment, recording media and supporting documentation that a Party brings into the territory of the other Party for purposes of the Treaty.