| Treaty Between The United States of America and The Union of Soviet Socialist Republics on The Limitation of Anti-Ballistic Missile Systems Released by the U.S. Department of State Signed May 26, 1972 Anti-Ballistic Missile Treaty (ABM Treaty)
Protocol to the December 21, 1972 Memorandum of Understanding (May 30, 1973) Agreed Statements of November 1, 1978 Common Understanding of June 6, 1985 Standing Consultative Commission Documents (September 26, 1997) Treaty Between The United States of America and The Union of Soviet Socialist Republics on The Limitation of Anti-Ballistic Missile Systems In the Treaty on the Limitation of Anti-Ballistic Missile Systems the United States and the Soviet Union agree that each may have only two ABM deployment areas,1 so restricted and so located that they cannot provide a nationwide ABM defense or become the basis for developing one. Each country thus leaves unchallenged the penetration capability of the others retaliatory missile forces. The Treaty permits each side to have one limited ABM system to protect its capital and another to protect an ICBM launch area. The two sites defended must be at least 1,300 kilometers apart, to prevent the creation of any effective regional defense zone or the beginnings of a nationwide system. Precise quantitative and qualitative limits are imposed on the ABM systems that may be deployed. At each site there may be no more than 100 interceptor missiles and 100 launchers. Agreement on the number and characteristics of radars to be permitted had required extensive and complex technical negotiations, and the provisions governing these important components of ABM systems are spelled out in very specific detail in the Treaty and further clarified in the "Agreed Statements" accompanying it. Both Parties agreed to limit qualitative improvement of their ABM technology, e.g., not to develop, test, or deploy ABM launchers capable of launching more than one interceptor missile at a time or modify existing launchers to give them this capability, and systems for rapid reload of launchers are similarly barred. These provisions, the Agreed Statements clarify, also ban interceptor missiles with more than one independently guided warhead. There had been some concern over the possibility that surface-to-air missiles (SAMs) intended for defense against aircraft might be improved, along with their supporting radars, to the point where they could effectively be used against ICBMs and SLBMs, and the Treaty prohibits this. While further deployment of radars intended to give early warning of strategic ballistic missile attack is not prohibited, such radars must be located along the territorial boundaries of each country and oriented outward, so that they do not contribute to an effective ABM defense of points in the interior. Further, to decrease the pressures of technological change and its unsettling impact on the strategic balance, both sides agree to prohibit development, testing, or deployment of sea-based, air-based, or space-based ABM systems and their components, along with mobile land-based ABM systems. Should future technology bring forth new ABM systems "based on other physical principles" than those employed in current systems, it was agreed that limiting such systems would be discussed, in accordance with the Treatys provisions for consultation and amendment. The Treaty also provides for a U.S.-Soviet Standing Consultative Commission to promote its objectives and implementation. The commission was established during the first negotiating session of SALT II, by a Memorandum of Understanding dated December 21, 1972. Since then both the United States and the Soviet Union have raised a number of questions in the Commission relating to each sides compliance with the SALT I agreements. In each case raised by the United States, the Soviet activity in question has either ceased or additional information has allayed U.S. concern. Article XIV of the Treaty calls for review of the Treaty five years after its entry into force, and at five-year intervals thereafter. The first such review was conducted by the Standing Consultative Commission at its special session in the fall of 1977. At this session, the United States and the Soviet Union agreed that the Treaty had operated effectively during its first five years, that it had continued to serve national security interests, and that it did not need to be amended at that time. The most recent Treaty review was completed in October 1993. Following that review, numerous sessions of the Standing Consultative Commission have been held to work out Treaty succession -- to "multilateralize" the Treaty -- as a result of the break-up of the Soviet Union and to negotiate a demarcation between ABM and non-ABM systems. __________________ 1 Subsequently reduced to one area (See section on ABM Protocol) Treaty Between The United States Of America And The Union Of Soviet Socialist Republics On The Limitation Of Anti-Ballistic Missile Systems Signed at Moscow May 26, 1972 The United States of America and the Union of Soviet Socialist Republics, hereinafter referred to as the Parties, Proceeding from the premise that nuclear war would have devastating consequences for all mankind, Considering that effective measures to limit anti-ballistic missile systems would be a substantial factor in curbing the race in strategic offensive arms and would lead to a decrease in the risk of outbreak of war involving nuclear weapons, Proceeding from the premise that the limitation of anti-ballistic missile systems, as well as certain agreed measures with respect to the limitation of strategic offensive arms, would contribute to the creation of more favorable conditions for further negotiations on limiting strategic arms, Mindful of their obligations under Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons, Declaring their intention to achieve at the earliest possible date the cessation of the nuclear arms race and to take effective measures toward reductions in strategic arms, nuclear disarma-ment, and general and complete disarmament, Desiring to contribute to the relaxation of international tension and the strengthening of trust between States, Have agreed as follows: Article I 1. Each Party undertakes to limit anti-ballistic missile (ABM) systems and to adopt other measures in accordance with the provisions of this Treaty. 2. Each Party undertakes not to deploy ABM systems for a defense of the territory of its country and not to provide a base for such a defense, and not to deploy ABM systems for defense of an individual region except as provided for in Article III of this Treaty. Article II 1. For the purpose of this Treaty an ABM system is a system to counter strategic ballistic missiles or their elements in flight trajectory, currently consisting of: (a) ABM interceptor missiles, which are interceptor missiles constructed and deployed for an ABM role, or of a type tested in an ABM mode; (b) ABM launchers, which are launchers constructed and deployed for launching ABM interceptor missiles; and (c) ABM radars, which are radars constructed and deployed for an ABM role, or of a type tested in an ABM mode. 2. The ABM system components listed in paragraph 1 of this Article include those which are: (a) operational; (b) under construction; (c) undergoing testing; (d) undergoing overhaul, repair or conversion; or (e) mothballed. Article III Each Party undertakes not to deploy ABM systems or their components except that: (a) within one ABM system deployment area having a radius of one hundred and fifty kilometers and centered on the Partys national capital, a Party may deploy: (1) no more than one hundred ABM launchers and no more than one hundred ABM interceptor missiles at launch sites, and (2) ABM radars within no more than six ABM radar complexes, the area of each complex being circular and having a diameter of no more than three kilometers; and (b) within one ABM system deployment area having a radius of one hundred and fifty kilometers and containing ICBM silo launchers, a Party may deploy: (1) no more than one hundred ABM launchers and no more than one hundred ABM interceptor missiles at launch sites, (2) two large phased-array ABM radars comparable in potential to corresponding ABM radars operational or under construction on the date of signature of the Treaty in an ABM system deployment area containing ICBM silo launchers, and (3) no more than eighteen ABM radars each having a potential less than the potential of the smaller of the above-mentioned two large phased-array ABM radars. Article IV The limitations provided for in Article III shall not apply to ABM systems or their components used for development or testing, and located within current or additionally agreed test ranges. Each Party may have no more than a total of fifteen ABM launchers at test ranges. Article V 1. Each Party undertakes not to develop, test, or deploy ABM systems or components which are sea-based, air-based, space-based, or mobile land-based. 2. Each Party undertakes not to develop, test or deploy ABM launchers for launching more than one ABM interceptor missile at a time from each launcher, not to modify deployed launchers to provide them with such a capacity, not to develop, test, or deploy automatic or semi-automatic or other similar systems for rapid reload of ABM launchers. Article VI To enhance assurance of the effectiveness of the limitations on ABM systems and their components provided by the Treaty, each Party undertakes: (a) not to give missiles, launchers, or radars, other than ABM interceptor missiles, ABM launchers, or ABM radars, capabilities to counter strategic ballistic missiles or their elements in flight trajectory, and not to test them in an ABM mode; and (b) not to deploy in the future radars for early warning of strategic ballistic missile attack except at locations along the periphery of its national territory and oriented outward. Article VII Subject to the provisions of this Treaty, modernization and replacement of ABM systems or their components may be carried out. Article VIII ABM systems or their components in excess of the numbers or outside the areas specified in this Treaty, as well as ABM systems or their components prohibited by this Treaty, shall be destroyed or dismantled under agreed procedures within the shortest possible agreed period of time. Article IX To assure the viability and effectiveness of this Treaty, each Party undertakes not to transfer to other States, and not to deploy outside its national territory, ABM systems or their components limited by this Treaty. Article X Each Party undertakes not to assume any international obligations which would conflict with this Treaty. Article XI The Parties undertake to continue active negotiations for limitations on strategic offensive arms. Article XII 1. For the purpose of providing assurance or compliance with the provisions of this Treaty, each Party shall use national technical means of verification at its disposal in a manner consistent with generally recognized principles of international law. 2. Each Party undertakes not to interfere with the national technical means of verification of the other Party operating in accordance with paragraph 1 of this Article. 3. Each Party undertakes not to use deliberate concealment measures which impede verification by national technical means of compliance with the provisions of this Treaty. This obligation shall not require changes in current construction, assembly, conversion, or overhaul practices. Article XIII 1. To promote the objectives and implementation of the provisions of this Treaty, the Parties shall establish promptly a Standing Consultative Commission, within the framework of which they will: (a) consider questions concerning compliance with the obligations assumed and related situations which may be considered ambiguous; (b) provide on a voluntary basis such information as either Party considers necessary to assure confidence in compliance with the obligations assumed; (c) consider questions involving unintended interference with national technical means of verification; (d) consider possible changes in the strategic situation which have a bearing on the provisions of this Treaty; (e) agree upon procedures and dates for destruction or dismantling of ABM systems or their components in cases provided for by the provisions of this Treaty; (f) consider, as appropriate, possible proposals for further increasing the viability of this Treaty; including proposals for amendments in accordance with the provisions of this Treaty; (g) consider, as appropriate, proposals for further measures aimed at limiting strategic arms. 2. The Parties through consultation shall establish, and may amend as appropriate, Regulations for the Standing Consultative Commission governing procedures, composition and other relevant matters. Article XIV 1. Each Party may propose amendments to this Treaty. Agreed amendments shall enter into force in accordance with the procedures governing the entry into force of this Treaty. 2. Five years after entry into force of this Treaty, and at five-year intervals thereafter, the Parties shall together conduct a review of this Treaty. Article XV 1. This Treaty shall be of unlimited duration. 2. Each Party shall, in exercising its national sovereignty, have the right to withdraw from this Treaty if it decides that extraordinary events related to the subject matter of this Treaty have jeopardized its supreme interests. It shall give notice of its decision to the other Party six months prior to withdrawal from the Treaty. Such notice shall include a statement of the extraordinary events the notifying Party regards as having jeopardized its supreme interests. Article XVI 1. This Treaty shall be subject to ratification in accordance with the constitutional procedures of each Party. The Treaty shall enter into force on the day of the exchange of instruments of ratification. 2. This Treaty shall be registered pursuant to Article 102 of the Charter of the United Nations. DONE at Moscow on May 26, 1972, in two copies, each in the English and Russian languages, both texts being equally authentic. FOR THE UNITED STATES OF AMERICA: Agreed Statements, Common Understandings, And Unilateral Statements Regarding The Treaty Between The United States Of America And The Union Of Soviet Socialist Republics On The Limitation Of Anti-Ballistic Missiles 1. Agreed Statements The document set forth below was agreed upon and initialed by the Heads of the Delegations on May 26, 1972 (letter designations added): Agreed Statements Regarding the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems [A] The Parties understand that, in addition to the ABM radars which may be deployed in accordance with subparagraph (a) of Article III of the Treaty, those non-phased-array ABM radars operational on the date of signature of the Treaty within the ABM system deployment area for defense of the national capital may be retained. [B] The Parties understand that the potential (the product of mean emitted power in watts and antenna area in square meters) of the smaller of the two large phased-array ABM radars referred to in subparagraph (b) of Article III of the Treaty is considered for purposes of the Treaty to be three million. [C] The Parties understand that the center of the ABM system deployment area centered on the national capital and the center of the ABM system deployment area containing ICBM silo launchers for each Party shall be separated by no less than thirteen hundred kilometers. [D] In order to insure fulfillment of the obligation not to deploy ABM systems and their components except as provided in Article III of the Treaty, the Parties agree that in the event ABM systems based on other physical principles and including components capable of substituting for ABM interceptor missiles, ABM launchers, or ABM radars are created in the future, specific limitations on such systems and their components would be subject to discussion in accordance with Article XIII and agreement in accordance with Article XIV of the Treaty. [E] The Parties understand that Article V of the Treaty includes obligations not to develop, test or deploy ABM interceptor missiles for the delivery by each ABM interceptor missile of more than one independently guided warhead. [F] The Parties agree not to deploy phased-array radars having a potential (the product of mean emitted power in watts and antenna area in square meters) exceeding three million, except as provided for in Articles III, IV, and VI of the Treaty, or except for the purposes of tracking objects in outer space or for use as national technical means of verification. [G] The Parties understand that Article IX of the Treaty includes the obligation of the United States and the USSR not to provide to other States technical descriptions or blueprints specially worked out for the construction of ABM systems and their components limited by the Treaty. 2. Common Understandings Common understanding of the Parties on the following matters was reached during the negotiations: A. Location of ICBM Defenses The U.S. Delegation made the following statement on May 26, 1972: Article III of the ABM Treaty provides for each side one ABM system deployment area centered on its national capital and one ABM system deployment area containing ICBM silo launchers. The two sides have registered agreement on the following statement: "The Parties understand that the center of the ABM system deployment area centered on the national capital and the center of the ABM system deployment area containing ICBM silo launchers for each Party shall be separated by no less than thirteen hundred kilometers." In this connection, the U.S. side notes that its ABM system deployment area for defense of ICBM silo launchers, located west of the Mississippi River, will be centered in the Grand Forks ICBM silo launcher deployment area. (See Agreed Statement [C].) B. ABM Test Ranges The U.S. Delegation made the following statement on April 26, 1972: Article IV of the ABM Treaty provides that "the limitations provided for in Article III shall not apply to ABM systems or their components used for development or testing, and located within current or additionally agreed test ranges." We believe it would be useful to assure that there is no misunderstanding as to current ABM test ranges. It is our understanding that ABM test ranges encompass the area within which ABM components are located for test purposes. The current U.S. ABM test ranges are at White Sands, New Mexico, and at Kwajalein Atoll, and the current Soviet ABM test range is near Sary Shagan in Kazakhstan. We consider that non-phased array radars of types used for range safety or instrumentation purposes may be located outside of ABM test ranges. We interpret the reference in Article IV to "additionally agreed test ranges" to mean that ABM components will not be located at any other test ranges without prior agreement between our Governments that there will be such additional ABM test ranges. On May 5, 1972, the Soviet Delegation stated that there was a common understanding on what ABM test ranges were, that the use of the types of non-ABM radars for range safety or instrumentation was not limited under the Treaty, that the reference in Article IV to "additionally agreed" test ranges was sufficiently clear, and that national means permitted identifying current test ranges. C. Mobile ABM Systems On January 29, 1972, the U.S. Delegation made the following statement: Article V(1) of the Joint Draft Text of the ABM Treaty includes an undertaking not to develop, test, or deploy mobile land-based ABM systems and their components. On May 5, 1971, the U.S. side indicated that, in its view, a prohibition on development of mobile ABM systems and components would rule out the deployment of ABM launchers and radars which were not permanent fixed types. At that time, we asked for the Soviet view of this interpretation. Does the Soviet side agree with the U.S. sides interpretation put forward on May 5, 1971? On April 13, 1972, the Soviet Delegation said there is a general common understanding on this matter. D. Standing Consultative Commission Ambassador Smith made the following statement on May 22, 1972: The United States proposes that the sides agree that, with regard to initial implementation of the ABM Treatys Article XIII on the Standing Consultative Commission (SCC) and of the consultation Articles to the Interim Agreement on offensive arms and the Accidents Agreement,1 agreement establishing the SCC will be worked out early in the follow-on SALT negotiations; until that is completed, the following arrangements will prevail: when SALT is in session, any consultation desired by either side under these Articles can be carried out by the two SALT Delegations; when SALT is not in session, ad hoc arrangements for any desired consultations under these Articles may be made through diplomatic channels. Minister Semenov replied that, on an ad referendum basis, he could agree that the U.S. statement corresponded to the Soviet understanding. E. Standstill On May 6, 1972, Minister Semenov made the following statement: In an effort to accommodate the wishes of the U.S. side, the Soviet Delegation is prepared to proceed on the basis that the two sides will in fact observe the obligations of both the Interim Agreement and the ABM Treaty beginning from the date of signature of these two documents. In reply, the U.S. Delegation made the following statement on May 20, 1972: The United States agrees in principle with the Soviet statement made on May 6 concerning observance of obligations beginning from date of signature but we would like to make clear our understanding that this means that, pending ratification and acceptance, neither side would take any action prohibited by the agreements after they had entered into force. This understanding would continue to apply in the absence of notification by either signatory of its intention not to proceed with ratification or approval. The Soviet Delegation indicated agreement with the U.S. statement. 3. Unilateral Statements The following noteworthy unilateral statements were made during the negotiations by the United States Delegation: A. Withdrawal from the ABM Treaty On May 9, 1972, Ambassador Smith made the following statement: The U.S. Delegation has stressed the importance the U.S. Government attaches to achieving agreement on more complete limitations on strategic offensive arms, following agreement on an ABM Treaty and on an Interim Agreement on certain measures with respect to the limitation of strategic offensive arms. The U.S. Delegation believes that an objective of the follow-on negotiations should be to constrain and reduce on a long-term basis threats to the survivability of our respective strategic retaliatory forces. The USSR Delegation has also indicated that the objectives of SALT would remain unfulfilled without the achievement of an agreement providing for more complete limitations on strategic offensive arms. Both sides recognize that the initial agreements would be steps toward the achievement of complete limitations on strategic arms. If an agreement providing for more complete strategic offensive arms limitations were not achieved within five years, U.S. supreme interests could be jeopardized. Should that occur, it would constitute a basis for withdrawal from the ABM Treaty. The United States does not wish to see such a situation occur, nor do we believe that the USSR does. It is because we wish to prevent such a situation that we emphasize the importance the U.S. Government attaches to achievement of more complete limitations on strategic offensive arms. The U.S. Executive will inform the Congress, in connection with Congressional consideration of the ABM Treaty and the Interim Agreement, of this statement of the U.S. position. B. Tested in an ABM Mode On April 7, 1972, the U.S. Delegation made the following statement: Article II of the Joint Text Draft uses the term "tested in an ABM mode," in defining ABM components, and Article VI includes certain obligations concerning such testing. We believe that the sides should have a common understanding of this phrase. First, we would note that the testing provisions of the ABM Treaty are intended to apply to testing which occurs after the date of signature of the Treaty, and not to any testing which may have occurred in the past. Next, we would amplify the remarks we have made on this subject during the previous Helsinki phase by setting forth the objectives which govern the U.S. view on the subject, namely, while prohibiting testing of non-ABM components for ABM purposes: not to prevent testing of ABM components, and not to prevent testing of non-ABM components for non-ABM purposes. To clarify our interpretation of "tested in an ABM mode," we note that we would consider a launcher, missile or radar to be "tested in an ABM mode" if, for example, any of the following events occur: (1) a launcher is used to launch an ABM interceptor missile, (2) an interceptor missile is flight tested against a target vehicle which has a flight trajectory with characteristics of a strategic ballistic missile flight trajectory, or is flight tested in conjunction with the test of an ABM interceptor missile or an ABM radar at the same test range, or is flight tested to an altitude inconsistent with interception of targets against which air defenses are deployed, (3) a radar makes measurements on a cooperative target vehicle of the kind referred to in item (2) above during the reentry portion of its trajectory or makes measurements in conjunction with the test of an ABM interceptor missile or an ABM radar at the same test range. Radars used for purposes such as range safety or instrumentation would be exempt from application of these criteria. C. No-Transfer Article of ABM Treaty On April 18, 1972, the U.S. Delegation made the following statement: In regard to this Article [IX], I have a brief and I believe self-explanatory statement to make. The U.S. side wishes to make clear that the provisions of this Article do not set a precedent for whatever provision may be considered for a Treaty on Limiting Strategic Offensive Arms. The question of transfer of strategic offensive arms is a far more complex issue, which may require a different solution. D. No Increase in Defense of Early Warning Radars On July 28, 1970, the U.S. Delegation made the following statement: Since Hen House radars [Soviet ballistic missile early warning radars] can detect and track ballistic missile warheads at great distances, they have a significant ABM potential. Accordingly, the United States would regard any increase in the defenses of such radars by surface-to-air missiles as inconsistent with an agreement. _________________________ 1 See Article 7 of Agreement to Reduce the Risk of Outbreak of Nuclear War Between the United States of America and the Union of Soviet Socialist Republics, signed September 30, 1971. Memorandum Of Understanding Between The Government Of The United States Of America And The Government Of The Union Of Soviet Socialist Republics Regarding The Establishment Of A Standing Consultative Commission I. The Government of the United States of America and the Government of the Union of Soviet Socialist Republics hereby establish a Standing Consultative Commission. II. The Standing Consultative Commission shall promote the objectives and implementation of the provisions of the Treaty between the USA and the USSR on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972, the Interim Agreement between the USA and the USSR on Certain Measures with Respect to the Limitation of Strategic Offensive Arms of May 26, 1972, and the Agreement on Measures to Reduce the Risk of Outbreak of Nuclear War between the USA and the USSR of September 30, 1971, and shall exercise its competence in accordance with the provisions of Article XIII of said Treaty, Article VI of said Interim Agreement, and Article 7 of said Agreement on Measures. III. Each Government shall be represented on the Standing Consultative Commission by a Commissioner and a Deputy Commissioner, assisted by such staff as it deems necessary. IV. The Standing Consultative Commission shall hold periodic sessions on dates mutually agreed by the Commissioners but no less than two times per year. Sessions shall also be convened as soon as possible, following reasonable notice, at the request of either Commissioner. V. The Standing Consultative Commission shall establish and approve Regulations governing procedures and other relevant matters and may amend them as it deems appropriate. VI. The Standing Consultative Commission will meet in Geneva. It may also meet at such other places as may be agreed. Done in Geneva, on December 21, 1972, in two copies, each in the English and Russian languages, both texts being equally authentic.
For the Government
Standing Consultative Commission Protocol Pursuant to the provisions of the Memorandum of Understanding between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics Regarding the Establishment of a Standing Consultative Commission, dated December 21, 1972, the undersigned, having been duly appointed by their respective Governments as Commissioners of said Standing Consultative Commission, hereby establish and approve, in the form attached, Regulations governing procedures and other relevant matters of the Commission, which Regulations shall enter into force upon signature of this Protocol and remain in force until and unless amended by the undersigned or their successors. Done in Geneva on May 30, 1973, in two copies, each in the English and Russian languages, both texts being equally authentic.
Standing Consultative Commission Regulations 1. The Standing Consultative Commission, established by the Memorandum of Understanding between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics Regarding the Establishment of a Standing Consultative Commission of December 21, 1972, shall consist of a U.S. component and Soviet component, each of which shall be headed by a Commissioner. 2. The Commissioners shall alternatively preside over the meetings. 3. The Commissioners shall, when possible, inform each other in advance of the matters to be submitted for discussion, but may at a meeting submit for discussion any matter within the competence of the Commission. 4. During intervals between sessions of the Commission, each Commissioner may transmit written or oral communications to the other Commissioner concerning matters within the competence of the Commission. 5. Each component of the Commission may invite such advisers and experts as it deems necessary to participate in a meeting. 6. The Commission may establish working groups to consider and prepare specific matters. 7. The results of the discussion of questions at the meetings of the Commission may, if necessary, be entered into records which shall be in two copies, each in the English and the Russian languages, both texts being equally authentic. 8. The proceedings of the Standing Consultative Commission shall be conducted in private. The Standing Consultative Commission may not make its proceedings public except with the express consent of both Commissioners. 9. Each component of the Commission shall bear the expenses connected with its participation in the Commission.
Protocol To The Treaty Between The United States Of America And The Union Of Soviet Socialist Republics On The Limitation Of Anti-Ballistic Missile Systems At the 1974 Summit meeting, the United States and the Soviet Union signed a protocol that further restrained deployment of strategic defensive armaments. The 1972 ABM Treaty had permitted each side two ABM deployment areas, one to defend its national capital and another to defend an ICBM field. The 1974 ABM Protocol limits each side to one site only. The Soviet Union had chosen to maintain its ABM defense of Moscow, and the United States chose to maintain defense of its ICBM emplacements near Grand Forks, North Dakota. To allow some flexibility, the protocol allows each side to reverse its original choice of an ABM site. That is, the United States may dismantle or destroy its ABM system at Grand Forks and deploy an ABM defense of Washington. The Soviet Union, similarly, can decide to shift to an ABM defense of a missile field rather than of Moscow. Each side can make such a change only once. Advance notice must be given, and this may be done only during a year in which a review of the ABM Treaty is scheduled. The Treaty prescribes reviews every five years; the first year for such a review began October 3, 1977. Upon entry into force, the protocol became an integral part of the 1972 ABM Treaty, of which the verification and other provisions continue to apply. Thus the deployments permitted are governed by the Treaty limitations on numbers and characteristics of interceptor missiles, launchers, and supporting radars. The system the United States chose to deploy (Grand Forks) has actually been on an inactive status since 1976. Protocol To The Treaty Between The United States Of America And The Union Of Soviet Socialist Republics On The Limitation Of Anti-Ballistic Missile Systems Signed at Moscow July 3, 1974 The United States of America and the Union of Soviet Socialist Republics, hereinafter referred to as the Parties, Proceeding from the Basic Principles of Relations between the United States of America and the Union of Soviet Socialist Republics signed on May 29, 1972, Desiring to further the objectives of the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems signed on May 26, 1972, hereinafter referred to as the Treaty, Reaffirming their conviction that the adoption of further measures for the limitation of strategic arms would contribute to strengthening international peace and security, Proceeding from the premise that further limitation of anti-ballistic missile systems will create more favorable conditions for the completion of work on a permanent agreement on more complete measures for the limitation of strategic offensive arms, Have agreed as follows: Article I 1. Each Party shall be limited at any one time to a single area of the two provided in Article III of the Treaty for deployment of anti-ballistic missile (ABM) systems or their components and accordingly shall not exercise its right to deploy an ABM system or its components in the second of the two ABM system deployment areas permitted by Article III of the Treaty, except as an exchange of one permitted area for the other in accordance with Article II of this Protocol. 2. Accordingly, except as permitted by Article II of this Protocol: the United States of America shall not deploy an ABM system or its components in the area centered on its capital, as permitted by Article III(a) of the Treaty, and the Soviet Union shall not deploy an ABM system or its components in the deployment area of intercontinental ballistic missile (ICBM) silo launchers as permitted by Article III(b) of the Treaty. Article II 1. Each Party shall have the right to dismantle or destroy its ABM system and the components thereof in the area where they are presently deployed and to deploy an ABM system or its components in the alternative area permitted by Article III of the Treaty, provided that prior to initiation of construction, notification is given in accord with the procedure agreed to in the Standing Consultative Commission, during the year beginning October 3, 1977, and ending October 2, 1978, or during any year which commences at five year intervals thereafter, those being the years of periodic review of the Treaty, as provided in Article XIV of the Treaty. This right may be exercised only once. 2. Accordingly, in the event of such notice, the United States would have the right to dismantle or destroy the ABM system and its components in the deployment area of ICBM silo launchers and to deploy an ABM system or its components in an area centered on its capital, as permitted by Article III(a) of the Treaty, and the Soviet Union would have the right to dismantle or destroy the ABM system and its components in the area centered on its capital and to deploy an ABM system or its components in an area containing ICBM silo launchers, as permitted by Article III(b) of the Treaty. 3. Dismantling or destruction and deployment of ABM systems or their components and the notification thereof shall be carried out in accordance with Article VIII of the ABM Treaty and procedures agreed to in the Standing Consultative Commission. Article III The rights and obligations established by the Treaty remain in force and shall be complied with by the Parties except to the extent modified by this Protocol. In particular, the deployment of an ABM system or its components within the area selected shall remain limited by the levels and other requirements established by the Treaty. Article IV This Protocol shall be subject to ratification in accordance with the constitutional procedures of each Party. It shall enter into force on the day of the exchange of instruments of ratification and shall thereafter be considered an integral part of the Treaty. DONE at Moscow on July 3, 1974, in duplicate, in the English and Russian languages, both texts being equally authentic. FOR THE UNITED STATES OF AMERICA: FOR THE UNION OF SOVIET SOCIALIST REPUBLICS: Protocol On Procedures Governing Replacement, Dismantling Or Destruction, And Notification Thereof, For ABM Systems And Their Components Pursuant to the provisions and in implementation of the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972, and the Agreed Statements regarding that Treaty, the Parties thereto have within the framework of the Standing Consultative Commission agreed upon procedures governing replacement, dismantling or destruction, and notification thereof, for ABM systems and their components limited by that Treaty, as formulated in the Attachment hereto which constitutes an integral part of this Protocol. The Parties have also agreed on the following general guidelines: 1. The attached Procedures shall apply only to systems or their components to be replaced and dismantled or destroyed pursuant to the provisions of the Treaty; 2. Any replacement of ABM systems or their components shall be on the basis of Article VII of the Treaty and applicable Agreed Statements; dismantling or destruction of ABM systems or their components in excess of the numbers or outside the areas specified by the Treaty shall be on the basis of Article VIII of the Treaty and applicable Agreed Statements; 3. Dismantling or destruction procedures for ABM systems or their components, related to implementation of the provisions of Article VII regarding replacement of those systems or their components and Article VIII of the Treaty, shall ensure that those systems or their components and facilities associated with those components, except for facilities at test ranges, would be put in a condition that precludes the possibility of their use for ABM purposes; shall ensure that reactivation of units dismantled or destroyed would be detectable by national technical means; shall be such that reactivation time of those units would not be substantially less than the time required for new construction; and shall preclude unreasonable delays in dismantling or destruction; 4. Replacement and dismantling or destruction procedures shall be formulated separately for above-ground and silo ABM launchers and for ABM radars; 5. Replacement and dismantling or destruction procedures shall ensure that adequate verification can be accomplished by national technical means in accordance with Article XII of the Treaty; 6. After dismantling or destruction in accordance with the attached Procedures, facilities remaining at ABM launch or ABM radar sites may, at the discretion of the Parties, be used for purposes not inconsistent with the provisions of the Treaty and applicable Agreed Statements; and 7. Through timely and appropriate procedures, the Parties shall notify each other of the number and type (above-ground or silo) of ABM launchers and of the number of ABM radars on which dismantling or destruction has been completed and is in process, and of the number of ABM launchers and ABM radars used for replacement. This Protocol and the attached Procedures shall enter into force upon signature of this Protocol and remain in force for the duration of the Treaty, and may be amended by the Standing Consultative Commission as it deems appropriate. DONE at Moscow on July 3, 1974, in duplicate, in the English and Russian languages, both texts being equally authentic.
Procedures Governing Dismantling Or Destruction, And Notification Thereof, For ABM Systems And Their Components I. Excess ABM Launchers at Test Ranges 1. Above-ground launchers and associated equipment shall be removed from the sites, and the entire part of the launch pad containing the launcher mount and reinforcements shall be dismantled or destroyed. Launch-pad debris may be removed and after six months the location covered with earth. 2. Silo launchers shall be made unusable by dismantling or destruction of their above-ground structures and headworks, and removal of launch rails. Silo-launcher debris may be removed and after six months the silos may be filled with earth. 3. The dismantling or destruction actions described in paragraphs 1 and 2 shall be completed no later than three months after their initiation. 4. Facilities associated with dismantled or destroyed ABM launchers at test ranges may, at the discretion of the Parties, be used for purposes not inconsistent with the provisions of the Treaty on the Limitation of ABM Systems, and applicable Agreed Statements. 5. Notification of the completion of the activities provided for in paragraphs 1 and 2 shall be given in the Standing Consultative Commission twice annually reflecting the actual status as of the beginning of a regular session of the Commission. II. ABM Facilities at Malmstrom 1. Metal reinforcing rods on radar buildings shall be cut off. 2. Radar buildings for which wall construction had commenced shall be left uncovered in their uncompleted state for six months, after which they may be covered with earth. 3. Launcher facilities and radar buildings for which only foundations had been completed shall be covered with earth. 4. Earth grading of the entire area shall be accomplished and construction materials removed. 5. Dismantling or destruction activities shall be initiated no later than six months after agreement on these Procedures. 6. Notification that the above activities have been completed shall be given in the Standing Consultative Commission.
Supplementary Protocol To The Protocol On Procedures Governing Replacement, Dismantling Or Destruction, And Notification Thereof, For ABM Systems And Their Components Of July 3, 1974 Pursuant to the provisions and in implementation of the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972, hereinafter referred to as the Treaty, the Agreed Statements regarding the Treaty, and the Protocol to the Treaty of July 3, 1974, the Parties thereto have, within the framework of the Standing Consultative Commission and in implementation of the provisions of the Protocol on Procedures Governing Replacement, Dismantling or Destruction, and Notification Thereof, for ABM Systems and Their Components of July 3, 1974, agreed upon procedures governing replacement, dismantling or destruction, and notification thereof, for ABM systems and their components limited by the Treaty, as formulated in the Attachment to this Supplementary Protocol. This Supplementary Protocol and the attached Procedures shall constitute an integral part of the Protocol on Procedures Governing Replacement, Dismantling or Destruction, and Notification Thereof, for ABM Systems and Their Components of July 3, 1974 and shall be considered the second attachment to that Protocol. The attached Procedures shall enter into force upon signature of this Supplementary Protocol and remain in force for the duration of the Treaty, and may be amended by the Standing Consultative Commission as it deems appropriate. Done at Geneva on October 28, 1976, in duplicate, in the English and Russian languages, both texts being equally authentic.
Procedures Governing Replacement, Dismantling Or Destruction, And Notification Thereof, For ABM Systems And Their Components I. General 1. These Procedures shall constitute an integral part of the Protocol on Procedures Governing Replacement, Dismantling or Destruction, and Notification Thereof, for ABM Systems and Their Components of July 3, 1974, and shall be considered the second attachment to that Protocol. The Procedures shall apply to ABM systems or their components, when they are being replaced within a deployment area on the basis of Article VII of the Treaty on the Limitation of ABM Systems of May 26, 1972, hereinafter referred to as the Treaty, as well as when a deployment area of an ABM system or its components is being exchanged on the basis of the Protocol to the Treaty of July 3, 1974. 2. Replacement of an ABM system or its components within a deployment area or exchange of a deployment area of an ABM system or its components shall be carried out so that components of an ABM system, as defined in Article II of the Treaty, in their total number and composition, shall be consistent with the provisions of Article III of the Treaty. 3. When an ABM system or its components are being replaced within a deployment area or when a deployment area of an ABM system or its components is being exchanged, for each type of component being deployed or replaced an event, verifiable by national technical means, shall be identified which indicates the initiation of its deployment or the initiation of its dismantling or destruction. After such an event, a component correspondingly shall be included in the number specified by the Treaty and Protocol thereto for such components or shall be excluded therefrom. 4. Within a deployment area of an ABM system or its components replacement of an ABM system shall be carried out by replacing its components. Dismantling or destruction of components being replaced and deployment of replacement components of an ABM system shall be carried out in accordance with the provisions of Section II and III of these Procedures. 5. If a replacement component of an ABM system is deployed at the location of the ABM system component being replaced, so that dismantling or destruction of the latter is a necessary part of the construction or installation of the replacement component, the manner and extent of dismantling or destruction of the component being replaced shall be at the discretion of the Party carrying out the replacement. Removal and replacement of ABM interceptor missiles shall be carried out at the discretion of the Party carrying out such replacement, subject to compliance with the provisions of Article III of the Treaty. 6. Exchange of a deployment area of an ABM system or its components shall be carried out through coordinated activities with respect to the dismantling or destruction of the ABM system or its components in the area being exchanged and with respect to the deployment of the ABM system or its components in the replacement area pursuant to the provisions of the Protocol to the Treaty and Section IV of these Procedures. 7. Notification of the replacement of components of an ABM system, both within a deployment area and when the deployment area of an ABM system or its components is being exchanged, shall be given twice annually in the Standing Consultative Commission at the beginning of regular SCC sessions, reflecting the actual status as of the beginning of that session and covering the period since the last notification in the Commission. In this connection, the Party carrying out the replacement shall notify the other Party of the number and type (above-ground or silo) of ABM launchers, of the number and type (large phased-array ABM radars or ABM radars with a potential less than three million) of ABM radars, and of the number of ABM radar complexes, on which dismantling or destruction has been completed and is in process, and of the number of ABM launchers, ABM radars and ABM radar complexes which have been replaced. 8. Notification of the exchange of the deployment area of an ABM system or its components shall be given in the Standing Consultative Commission pursuant to Article II of the Protocol to the Treaty. Such notification shall be given before initiation within the replacement area of any construction activities associated with the exchange of the deployment area of an ABM system or its components and shall contain the time of initiation of these activities as well as the location of the new deployment area (the direction and distance to the new area in relation to the center of the area being exchanged). Upon completion of dismantling or destruction of the ABM system or its components in the area being exchanged, the Party which has carried out the exchange of the deployment area of the ABM system or its components shall notify the other Party of having carried out the exchange of the area, at the next regular session of the Standing Consultative Commission. 9. Each Party may on a voluntary basis add other information to the notifications if it considers such information necessary to assure confidence in compliance with the obligations assumed under the Treaty. II. Procedures for ABM Launchers 1. Subject to compliance with the limitations provided for in the Treaty and the Protocol thereto, ABM launchers may be replaced by above-ground or silo ABM launchers within a deployment area as well as when the deployment area of an ABM system or its components is being exchanged. 2. With respect to replacement of ABM launchers within a deployment area of an ABM system or its components, as well as when the deployment area is being exchanged:
3. When carrying out dismantling or destruction of ABM launchers being replaced, the following actions shall be accomplished:
4. Deployment of replacement ABM launchers within the deployment area of an ABM system or its components shall be initiated no earlier than initiation of dismantling or destruction of the ABM launchers being replaced in that area. 5. Dismantling or destruction of ABM launchers being replaced shall be completed no later than three months after initiation thereof as defined in subparagraph 2(b) of this Section of the Procedures. Debris remaining after dismantling or destruction of ABM launchers (above-ground and silo) may be removed, and after six months the former ABM launcher locations may be covered with earth. III. Procedures for ABM Radars and ABM Radar Complexes 1. Subject to compliance with the limitations provided for in the Treaty and the Protocol thereto, ABM radars and ABM radar complexes may be replaced within a deployment area, as well as when the deployment area of an ABM system or its components is being exchanged. ABM Radars 2. With respect to replacement of ABM radars within a deployment area of an ABM system or its components, as well as when the deployment area is being exchanged:
3. When carrying out dismantling or destruction of ABM radars being replaced, the following actions shall be accomplished:
4. Deployment of replacement ABM radars within the deployment area of an ABM system or its components shall be initiated no earlier than the initiation of dismantling or destruction of the ABM radars being replaced in that area, and shall be carried out in such a manner that it will not cause the number of ABM radars to exceed the number specified in Article III, subparagraph (b) of the Treaty, subject to compliance with the provisions of that subparagraph and the applicable Agreed Statements concerning the potential of radars. 5. Dismantling or destruction of ABM radars being replaced, which are components of the ABM system currently deployed by each Party, shall be completed without unreasonable delays no later than one year after initiation thereof as defined in subparagraph 2(b) of this Section of the Procedures. 6. After dismantling or destruction of ABM radars has been completed in accordance with the above procedures, facilities remaining at ABM radar sites may, at the discretion of the Parties, be used for purposes which are not inconsistent with the provisions of the Treaty. ABM Radar Complexes 7. With respect to replacement of ABM radar complexes within a deployment area of an ABM system or its components, as well as when the deployment area is being exchanged:
8. Deployment of replacement ABM radar complexes within the deployment area of an ABM system or its components shall be initiated no earlier than the initiation of dismantling or destruction of ABM radar complexes being replaced in that area, and shall be carried out in such a manner that it will not cause the number of ABM radar complexes to exceed the number specified in Article III, subparagraph (a) of the Treaty, subject to compliance with the provisions of that subparagraph concerning the size and circular shape of the area of each ABM radar complex. 9. Dismantling or destruction of ABM radar complexes being replaced shall be completed by dismantling or destruction of all ABM radars of each ABM radar complex being replaced in accordance with paragraph 3 of this Section of the Procedures no later than one year after initiation thereof as defined in subparagraph 7(b) of this Section of the Procedures. IV. Procedures for Exchange of the Deployment Area of an ABM System or its Components 1. When the deployment area of an ABM system or its components is being exchanged, no construction activity associated with the deployment of an ABM system or its components in the replacement area shall begin until appropriate notification is given to the other Party pursuant to Article II of the Protocol to the Treaty and Section I, paragraph 8, of these Procedures. 2. When the deployment area of an ABM system or its components is being exchanged:
3. Prior to completion of dismantling or destruction of 50 percent of the number of ABM launchers, ABM radars or ABM radar complexes in the area being exchanged, the Party carrying out the exchange may initiate deployment of no more than 50 percent of the number of ABM launchers, ABM radars or ABM radar complexes which is specified in Article III of the Treaty for the replacement deployment area of an ABM system or its components. 4. Each Party may, at its discretion, completely dismantle or destroy the ABM system and its components in the area being exchanged, and thereafter deploy an ABM system or its components in the other area permitted in Article III of the Treaty and the Protocol thereto, provided that, prior to initiation of construction, notification is given pursuant to Article II of the Protocol to the Treaty and Section I, paragraph 8, of these Procedures. 5. When the deployment area of an ABM system or its components centered on the national capital is being exchanged, those non-phased-array ABM radars which were operational within that area on the date of signature of the Treaty shall be dismantled or destroyed. When carrying out dismantling or destruction of these ABM radars, the following actions shall be accomplished:
Buildings and facilities remaining after dismantling or destruction of these ABM radars may be used for purposes not inconsistent with the provisions of the Treaty. Dismantling or destruction of these ABM radars shall be completed no later than accomplishment of the other actions provided for in these Procedures for exchange of the deployment area of an ABM system or its components. 6. Dismantling or destruction of ABM launchers, ABM radars and ABM radar complexes within the area being exchanged shall be carried out in accordance with Section II, paragraphs 3 and 5, and Section III, paragraphs 3, 5 and 9 of these Procedures.
Geneva Standing Consultative Commission Agreed Statement Regarding Section III, Paragraph 5 Of The Procedures Governing Replacement, Dismantling Or Destruction, And Notification Thereof, For ABM Systems And Their Components Attached To The Supplementary Protocol Of October 28, 1976 Agreeing that dismantling or destruction of ABM radars being replaced, which are components of the currently deployed ABM system of each Party, shall be completed without unreasonable delays no later than one year after initiation thereof as defined in Section III, subparagraph 2(b) of these Procedures, the Parties understand that if, in the future, either Party operationally deploys ABM radars of another type as a component of an ABM system, the periods of time for dismantling or destruction of such radars would be subject to agreement in the Standing Consultative Commission, but in any case would not exceed one year.
Geneva Standing Consultative Commission Agreed Statement Regarding Certain Provisions of Articles II, IV, and VI of the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972, and the Utilization of Air Defense Radars at the Test Ranges Referred to in Article IV of that Treaty In accordance with the provisions of the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972, hereinafter referred to as the Treaty, the Parties thereto have, within the framework of the Standing Consultative Commission, reached mutual understanding regarding the following: I. Test Ranges Referred to in Article IV of the Treaty 1. The test ranges referred to in Article IV of the Treaty are any test ranges at which an ABM system or at least one ABM launcher, regardless of whether or not it contains an ABM interceptor missile, or one ABM radar is located or constructed for purposes of testing. 2. Any other types of weapons or military equipment may also be located at such test ranges for testing according to their mission or for range safety purposes. Such location, testing, or use of these other types of weapons or military equipment, provided it is consistent with the provisions of the Treaty, shall not constitute a basis for considering them ABM system components. 3. The current test ranges referred to in Article IV of the Treaty are those test ranges which each Party had on the date of signature of the Treaty, that is, on May 26, 1972. Both the USA and USSR had on May 26, 1972, and have at the present time, two current test ranges: for the USA in the vicinity of White Sands, New Mexico, and on Kwajalein Atoll and for the USSR in the vicinity of Sary Shagan, Kazakhstan, and on the Kamchatka Peninsula. 4. Each Party may establish test ranges referred to in Article IV of the Treaty as "additionally agreed" and locate therein for testing ABM systems or their components as they are defined in Article II of the Treaty, provided that the establishment of such ranges is consistent with the objectives and provisions of the Treaty and, in particular, with the obligations of each Party provided for in Article I of the Treaty not to deploy ABM systems for a defense of the territory of its country and not to provide a base for such a defense. 5. In the event of establishment of an additional test range by either Party, the Party carrying out such action shall provide, within the framework of the Standing Consultative Commission, notification of the location of such a test range no later than thirty days after the beginning of any construction or assembly work, other than earthwork (excavation), associated with locating or constructing at that test range an ABM launcher or antenna (array), ABM radar antenna structures, or an antenna pedestal support which is not a part of an ABM radar building. After presentation of such notification and, if necessary, clarification in the Standing Consultative Commission of any aspects of this notification which are not clear to the Party being notified, the test range being newly established will be considered an "additionally agreed test range," referred to in Article IV of the Treaty. II. The Term "Tested in an ABM Mode" Used in the Treaty 1. The term "tested in an ABM mode," which is used in Article II of the Treaty for defining ABM system components, refers to ABM interceptor missiles, ABM launchers, or ABM radars, which are tested in an ABM mode separately or in conjunction with other ABM system components after the date of signature of the Treaty, that is after May 26, 1972. The term does not refer to components which were tested by the Parties in an ABM mode prior to that date. 2. Testing in an ABM mode is the testing, which, in accordance with the provisions of Articles III and IV of the Treaty regarding locations of ABM systems or their components, is carried out only at test ranges or in an ABM system deployment area, for the purpose of determining the capabilities of an ABM system or its individual components (ABM interceptor missiles, ABM launchers, or ABM radars) to perform the functions of countering strategic ballistic missiles or their elements in flight trajectory. 3. As applied to testing of ABM interceptor missiles, ABM launchers, or ABM radars, the term "strategic ballistic missiles or their elements in flight trajectory," used in the Treaty, also refers to ballistic target-missiles which, after being launched, are used for testing these ABM system components in an ABM mode, and the flight trajectories of which, over the portions of the flight trajectory involved in such testing, have the characteristics of the flight trajectory of a strategic ballistic missile or its elements. 4. The term "tested in an ABM mode" used in Article II of the Treaty refers to:
5. The provisions of paragraph 4 of this Section shall be applied taking into account Article VI, subparagraph (a), of the Treaty concerning the obligations of the Parties not to give missiles, launchers, or radars, other than ABM system components, capabilities to counter strategic ballistic missiles or their elements in flight trajectory. The term "tested in an ABM mode" shall not be applied to radars for early warning of strategic ballistic missile attack, or to radars, including phased-array radars, used for the purposes of tracking objects in outer space or as national technical means of verification. 6. The term "tested in an ABM mode" shall not be applied to radars, including phased-array radars, which are constructed and used only as instrumentation equipment for testing of any types of weapons or military equipment. 7. The term "tested in an ABM mode" shall not be applied to a radar, including a phased-array radar, which is not an ABM radar or a radar referred to in paragraphs 5 and 6 of this Section, if strategic ballistic missiles or their elements passed through the field of view of the radar while it was operating in accordance with its mission, and it was not, at that time, performing functions inherent only to an ABM radar, and it was not functioning in conjunction with an ABM radar. In the event that ambiguities arise in the future regarding application of the term "tested in an ABM mode" to individual radars which track strategic ballistic missiles or their elements in flight trajectory, the Parties, in accordance with Article XIII of the ABM Treaty, will consider such questions in the Standing Consultative Commission and resolve them on a mutually acceptable basis. 8. Deployment of radars of a type tested in an ABM mode, except as provided in Articles III and IV of the Treaty, to carry out any functions would be inconsistent with the obligation of each Party not to provide a base for an ABM defense of the territory of its country. III. Utilization of Air Defense Radars at the Test Ranges Referred to in Article IV of the Treaty 1. Utilization of air defense radars located at or near a test range to carry out air defense functions, including providing for the safety of that range, is not limited by the provisions of the Treaty and is independent of the testing carried out at that range. 2. When air defense components and ABM system components are co-located at a test range, the Parties, in order to preclude the possibility of ambiguous situations or misunderstandings, will refrain from concurrent testing of such air defense components and ABM system components at that range. 3. In utilizing air defense radars as instrumentation equipment at test ranges the Parties will not use such radars to make measurements on strategic ballistic missiles or their elements in flight trajectory.
Statement By Commissioner Buchheim November 1, 1978 Mr. Commissioner, I would like to make the following statement regarding the Agreed Statement which we have just initialed. FIRST, in paragraph 6 of Section II of the Agreed Statement of November 1, 1978, the Parties agreed that the term "tested in an ABM mode" shall not be applied to radars, including phased-array radars, which are constructed and used only as instrumentation equipment for testing of any types of weapons or military equipment. With respect to such radars the Parties understand that:
SECOND, in connection with paragraph 7 of Section II of the Agreed Statement of November 1, 1978, the Parties understand that ABM radars, radars for early warning of strategic ballistic missile attack, radars used for tracking objects in outer space or as national technical means of verification, as well as radars constructed and used only as instrumentation equipment for testing of any types of weapons or military equipment can, when operating in accordance with their missions, perform the function inherent to them of tracking strategic ballistic missiles or their elements in flight trajectory. In addition to the aforementioned radars, both Parties have other radars, including phased-array radars, intended for various missions. When these radars are operating in accordance with their missions, strategic ballistic missiles or their elements might pass through the fields of view of these radars. The passing of strategic ballistic missiles or their elements through the fields of view of such radars will not be equated with tracking of such missiles by these radars and cannot give grounds for either Party to consider that in these cases the radars are being tested in an ABM mode. If ambiguities arise in the future regarding application of the term "tested in an ABM mode" to individual radars which track strategic ballistic missiles or their elements in flight trajectory, or regarding determination of whether these radars are ABM radars or radars which are not ABM radars, such questions will be subject to consultation in the Standing Consultative Commission in accordance with Article XIII of the ABM Treaty. THIRD, the Parties, in connection with the Agreed Statement Regarding Certain Provisions of the ABM Treaty, have the common understanding that the Agreed Statement will be used by the Parties in their implementation of those provisions of the ABM Treaty, beginning on the date of initialing of the Agreed Statement by the U.S. and USSR SCC Commissioners, that is, November 1, 1978. Like the statements in connection with paragraphs II.6 and II.7 of the Agreed Statement, this common understanding constitutes a component part of the general understanding reached between the Parties with regard to certain provisions of the ABM Treaty.
Statement By Commissioner Ustinov November 1, 1978 Mr. Commissioner, I would like to make the following statement regarding the Agreed Statement which we have just initialed. FIRST, in paragraph 6 of Section II of the Agreed Statement of November 1, 1978, the Parties agreed that the term "tested in an ABM mode" shall not be applied to radars, including phased-array radars, which are constructed and used only as instrumentation equipment for testing of any types of weapons or military equipment. With respect to such radars the Parties understand that:
SECOND, in connection with paragraph 7 of Section II of the Agreed Statement of November 1, 1978, the Parties understand that ABM radars, radars for early warning of strategic ballistic missile attack, radars used for tracking objects in outer space or as national technical means of verification, as well as radars constructed and used only as instrumentation equipment for testing of any types of weapons or military equipment can, when operating in accordance with their missions, perform the function inherent to them of tracking strategic ballistic missiles or their elements in flight trajectory. In addition to the aforementioned radars, both Parties have other radars, including phased-array radars, intended for various missions. When these radars are operating in accordance with their missions, strategic ballistic missiles or their elements might pass through the fields of view of these radars. The passing of strategic ballistic missiles or their elements through the fields of view of such radars will not be equated with tracking of such missiles by these radars and cannot give grounds for either Party to consider that in these cases the radars are being tested in an ABM mode. If ambiguities arise in the future regarding application of the term "tested in an ABM mode" to individual radars which track strategic ballistic missiles or their elements in flight trajectory, or regarding determination of whether these radars are ABM radars or radars which are not ABM radars, such questions will be subject to consultation in the Standing Consultative Commission in accordance with Article XIII of the ABM Treaty. THIRD, the Parties, in connection with the Agreed Statement Regarding Certain Provisions of the ABM Treaty, have the common understanding that the Agreed Statement will be used by the Parties in their implementation of those provisions of the ABM Treaty, beginning on the date of initialing of the Agreed Statement by the U.S. and USSR SCC Commissioners, that is, November 1, 1978. Like the statements in connection with paragraphs II.6 and II.7 of the Agreed Statement, this common understanding constitutes a component part of the general understanding reached between the Parties with regard to certain provisions of the ABM Treaty.
Geneva Standing Consultative Commission Common Understanding Related To Paragraph 2 Of Section III Of The Agreed Statement Of November 1, 1978, Regarding Certain Provisions Of Articles II, IV, And VI Of The Treaty Between The United States Of America And The Union Of Soviet Socialist Republics On The Limitation Of Anti-Ballistic Missile Systems Of May 26, 1972, And The Utilization Of Air Defense Radars At The Test Ranges Referred To In Article IV Of That Treaty In accordance with the provisions of the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972, hereinafter referred to as the Treaty, the Parties thereto, in further development of the agreement recorded in paragraph 2 of Section III of the Agreed Statement of November 1, 1978, with a view to precluding the possibility of ambiguous situations at the test ranges referred to in Article IV of the Treaty, have, within the framework of the Standing Consultative Commission, additionally agreed that:
This Common Understanding constitutes a component part of the agreement reached between the Parties with regard to the provisions of paragraph 2 of Section III of the Agreed Statement of November 1, 1978, and does not affect other provisions of that Agreed Statement or the provisions of the common understandings thereto reached by Commissioners in the Standing Consultative Commission on November 1, 1978. The provisions of this Common Understanding will be used by the Parties in their implementation of the provisions of the Treaty and the Agreed Statement of November 1, 1978, beginning on the date of signature of this Common Understanding, that is, June 6, 1985.
Standing Consultative Commission Documents of September 26, 1997 September 26, 1997 Memorandum Of Understanding Relating To The Treaty Between The United States Of America And The Union Of Soviet Socialist Republics On The Limitation Of Anti-Ballistic Missile Systems Of May 26, 1972 The United States of America, and the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation and Ukraine, hereinafter referred to for purposes of this Memorandum as the Union of Soviet Socialist Republics (USSR) Successor States, Recognizing the importance of preserving the viability of the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972, hereinafter referred to as the Treaty, with the aim of maintaining strategic stability, Recognizing the changes in the political situation resulting from the establishment of new independent states on the territory of the former USSR, Have, in connection with the Treaty, agreed as follows: Article I The United States of America, the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation, and Ukraine, upon entry into force of this Memorandum, shall constitute the Parties to the Treaty. Article II The USSR Successor States shall assume the rights and obligations of the former USSR under the Treaty and its associated documents. Article III Each USSR Successor State shall implement the provisions of the Treaty with regard to its territory and with regard to its activities, wherever such activities are carried out by that State, independently or in cooperation with any other State. Article IV For purposes of Treaty implementation:
Article V A USSR Successor State or USSR Successor States may continue to use any facility that is subject to the provisions of the Treaty and that is currently located on the territory of any State that is not a Party to the Treaty, with the consent of such State, and provided that the use of such facility shall remain consistent with the provisions of the Treaty. Article VI The USSR Successor States shall collectively be limited at any one time to a single anti-ballistic missile (ABM) system deployment area and to a total of no more than fifteen ABM launchers at ABM test ranges, in accordance with the provisions of the Treaty and its associated documents, including the Protocols of July 3, 1974. Article VII The obligations contained in Article IX of the Treaty and Agreed Statement "G" Regarding the Treaty shall not apply to transfers between or among the USSR Successor States. Article VIII The Standing Consultative Commission, hereinafter referred to as the Commission, shall function in the manner provided for by the Treaty and the Memorandum of Understanding Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics Regarding the Establishment of a Standing Consultative Commission of December 21, 1972, as well as by the Regulations of the Commission, which shall reflect the multilateral character of the Treaty and the equal legal status of the Parties in reaching decisions in the Commission. Article IX 1. This Memorandum shall be subject to ratification or approval by the signatory States, in accordance with the constitutional procedures of those States. 2. The functions of the depositary of this Memorandum shall be exercised by the Government of the United States of America. 3. This Memorandum shall enter into force on the date when the Governments of all the signatory States have deposited instruments of ratification or approval of this Memorandum and shall remain in force so long as the Treaty remains in force. 4. Each State that has ratified or approved this Memorandum shall also be bound by the provisions of the First Agreed Statement of September 26, 1997, Relating to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972, and the Second Agreed Statement of September 26, 1997, Relating to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972. DONE at New York City on September 26, 1997, in five copies, each in the English and Russian languages, both texts being equally authentic. FOR THE UNITED STATES OF AMERICA: FOR THE REPUBLIC OF BELARUS: FOR THE REPUBLIC OF KAZAKHSTAN: FOR THE RUSSIAN FEDERATION: FOR UKRAINE:
September 26, 1997 Standing Consultative Commission First Agreed Statement Relating To The Treaty Between The United States Of America And The Union Of Soviet Socialist Republics On The Limitation Of Anti-Ballistic Missile Systems Of May 26, 1972 In connection with the provisions of the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972, hereinafter referred to as the Treaty, the Parties to the Treaty have, within the framework of the Standing Consultative Commission, reached agreement on the following: 1. Land-based, sea-based, and air-based interceptor missiles, interceptor missile launchers, and radars, other than anti-ballistic missile (ABM) interceptor missiles, ABM launchers, or ABM radars, respectively, shall be deemed, within the meaning of paragraph (a) of Article VI of the Treaty, not to have been given capabilities to counter strategic ballistic missiles or their elements in flight trajectory and not to have been tested in an ABM mode, if, in the course of testing them separately or in a system:
2. The Parties have additionally agreed on reciprocal implementation of the confidence-building measures set forth in the Agreement on Confidence-Building Measures Related to Systems to Counter Ballistic Missiles Other Than Strategic Ballistic Missiles of September 26, 1997. 3. This Agreed Statement shall enter into force simultaneously with entry into force of the Memorandum of Understanding of September 26, 1997, Relating to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972. DONE at New York City on September 26, 1997, in five copies, each in the English and Russian languages, both texts being equally authentic. FOR THE UNITED STATES OF AMERICA: FOR THE REPUBLIC OF BELARUS: FOR THE REPUBLIC OF KAZAKHSTAN: FOR THE RUSSIAN FEDERATION: FOR UKRAINE:
Common Understandings Related To The First Agreed Statement Of September 26, 1997, Relating To The Treaty Between The United States Of America And The Union Of Soviet Socialist Republics On The Limitation Of Anti-Ballistic Missile Systems Of May 26, 1972 I The term "interceptor missile," as used in the First Agreed Statement of September 26, 1997, shall refer to any missile subject to the provisions of paragraph (a) of Article VI of the Treaty if such a missile:
With respect to subparagraphs (a), (b), or (c), such a missile shall be considered an interceptor missile in all its launches. II The provisions of paragraph 1 of the First Agreed Statement of September 26, 1997, do not supersede or amend any provision of the Agreed Statement of November 1, 1978, and do not alter the meaning of the term "tested in an ABM mode" as that term is used in the Treaty, including the Agreed Statement of November 1, 1978. III The Parties have agreed that, for the purposes of the First Agreed Statement of September 26, 1997, the velocity of an interceptor missile as well as the velocity of a ballistic target-missile shall be determined in an earth-centered coordinate system fixed in relation to the Earth. IV The Parties have agreed that, for the purposes of the First Agreed Statement of September 26, 1997 |
