PROTOCOL ON INSPECTIONS
AND CONTINUOUS MONITORING ACTIVITIES
RELATING TO THE TREATY BETWEEN THE
UNITED STATES OF AMERICA AND
THE UNION OF SOVIET SOCIALIST REPUBLICS ON
THE REDUCTION AND
LIMITATION OF STRATEGIC OFFENSIVE ARMS
Pursuant to and in implementation of the
Treaty Between the United States of America and the Union of Soviet Socialist
Republics on the Reduction and Limitation of Strategic Offensive Arms, hereinafter
referred to as the Treaty, the Parties hereby agree upon procedures governing
the conduct of inspections and continuous
monitoring activities provided for in Article
XI of the Treaty.
I. General Obligations
For the purpose of helping to ensure verification of compliance with the provisions
of the Treaty, each Party shall facilitate the conduct of inspections and continuous
monitoring activities by the other Party in accordance with the provisions
of this Protocol.
II. Provisions
Concerning the Legal Status of Inspectors, Monitors, and Aircrew Members
1. Inspections and continuous
monitoring activities shall be conducted by inspectors
and monitors. Except as provided for in paragraph
6 of Section IV of this Protocol, inspectors and monitors shall be transported
to the territory of the inspected Party by inspection airplanes. Inspectors
and monitors, as well as aircrew
members that operate these airplanes, shall be assigned in accordance with
paragraphs 2, 3, 4, and 5
of this Section and subject to provisions of the Agreement
Between the Government of the United States of America and the Government of
the Union of Soviet Socialist Republics on Early Exchange of Lists of Inspectors,
Monitors, and Aircrew Members of July 31, 1991.
2. The list of inspectors
shall not contain at any one time more than 400 individuals, and the list of
monitors shall not contain at any one time more than 300 individuals. The number
of individuals on the list of aircrew members shall not be limited. Inspectors
and monitors shall be citizens of the inspecting
Party. The Parties shall have the right to change, by mutual agreement,
the number of inspectors and monitors that each of these lists may contain.
For each proposed inspector, monitor, and aircrew member,
the lists shall contain first name, middle name or patronymic, and last name;
day, month, and year of birth; city, state or oblast, and country of birth;
and passport number, if available.
3. Each Party shall have
the right to inform the other Party of its agreement with, or objection to,
the designation of each inspector, monitor,
and aircrew member proposed, by providing a notification
in accordance with paragraph 21 of Section III
of this Protocol.
4. Subject to the provisions
of paragraph 2 of this Section, each Party shall
have the right to amend its lists of inspectors, monitors, and aircrew members
no more than once in each 21-day period, by providing the other Party with a
notification in accordance with paragraph 20 of Section
III of this Protocol. With each change, the number of inspectors
whose names are entered in the list of inspectors
shall not exceed 30, the number of monitors whose
names are entered in the list of monitors shall not exceed 25, and the number
of aircrew members whose names are entered in the
list of aircrew members shall not exceed 25. The Party receiving notification
of an amendment to the list of inspectors, monitors, or aircrew members shall
provide notification to the other Party, in accordance with paragraph
21 of Section III of this Protocol, of its agreement with or objection to
the designation of each such inspector, monitor, or aircrew member.
5. No later than 25 days after
entry into force of the Treaty, or no later than 30 days after receipt of a
notification of amendments to the lists of inspectors, monitors, or aircrew
members, the Party receiving such lists or proposed amendments thereto shall
provide visas and, where necessary, such other documents to each individual
to whom it has agreed, as may be required to ensure that each inspector,
monitor, or aircrew member
may enter and remain in the territory of that Party throughout the in-country period . The inspected
Party shall ensure that such visas and appropriate documents shall be valid
for a period of at least 24 months, and the inspecting
Party shall ensure that persons receiving such visas and appropriate documents
shall use them only for the purpose of conducting inspections or continuous
monitoring activities in accordance with the provisions of this Protocol.
6. An individual on the
list of inspectors may be objected to only if that individual is under indictment
for a criminal offense on the territory of the inspected
Party or if that individual has been convicted in a criminal prosecution
or expelled by the Party reviewing the list. An individual on the list of monitors
or aircrew members may be objected to
if that individual is found unacceptable by the Party reviewing the list. The
Party making such an objection shall so notify the other Party in accordance
with paragraph 21 of Section III of this Protocol.
Individuals who are objected to shall be deleted from the lists. In the event
the inspected Party subsequently determines that
an inspector ,monitor,
or aircrew member of the other Party is under indictment
for a criminal offense on the territory of the inspected Party or has ever been
convicted in a criminal prosecution or expelled by the inspected Party, or has
violated the conditions governing the conduct of inspections
or continuous monitoring activities provided for
in this Protocol, the inspected Party making such determination may so notify
the inspecting Party in accordance with paragraph 22
of Section III of this Protocol. In the event that the inspecting
Party is so notified, that Party shall promptly recall that individual from
the territory of the inspected Party, if that individual is there at such a
time. The inspecting Party shall also delete the
individual from the lists of inspectors, monitors, or aircrew members.
7. In order to exercise
their functions effectively, for the purpose of implementing the Treaty and
not for their personal benefit, the inspectors
,monitors, and aircrew
members shall be accorded the following privileges and immunities:
(a) Inspectors,
monitors and
aircrew members shall be accorded
the inviolability enjoyed by diplomatic agents in accordance with Article
29 of the Vienna Convention on Diplomatic Relations of April 18, 1961.
(b) The office premises, except for those
in the operations center, and living quarters for monitors shall be
accorded the inviolability and protection accorded to the premises of the
mission and private residences of diplomatic agents in accordance with
Articles 22 and 30 of the Vienna Convention on Diplomatic Relations.
(c) The papers and correspondence of
inspectors,
monitors and
aircrew members shall enjoy the
inviolability accorded to the papers and correspondence of diplomatic
agents in accordance with Article 30 of the Vienna Convention on
Diplomatic Relations.
(d) Inspection airplanes shall be inviolable. This shall
not affect airplanes making regularly scheduled commercial flights that are
used for the transportation of inspectors and monitors
to points of entry, or their aircrews.
(e) Inspectors,
monitors, and
aircrew members shall be accorded
the immunities accorded diplomatic agents in accordance with paragraphs 1,
2, and 3 of Article 31 of the Vienna Convention on Diplomatic Relations.
The immunity from jurisdiction with respect to an
inspectors ,
monitor, or aircrew member may be waived by
the
inspecting Party in those cases when it
is of the opinion that immunity would impede the course of justice and
that it can be waived without prejudice to the implementation of the
provisions of the Treaty. Waiver must always be express.
(f) Monitors shall be accorded the
exemption from dues and taxes accorded to diplomatic agents in accordance
with Article 34 of the Vienna Convention on Diplomatic Relations.
(g) Inspectors,
monitors, and
aircrew members of a Party shall
have the right to bring into the territory of the other Party, without
payment of any customs duties or related charges, articles for their
personal use, with the exception of articles, the import or export of
which is prohibited by law or controlled by quarantine regulations.
(h) If the
inspected Party considers that
there has been an abuse of privileges and immunities provided for in this
paragraph, consultations shall be held between the Parties to determine
whether such an abuse has occurred. If it is determined that such an abuse
has occurred, the
inspecting Party shall take
necessary measures to prevent a repetition of such an abuse.
The privileges and immunities provided for in this paragraph shall be
accorded for the entire time the
inspectors,
monitors or
aircrew members are within the
territory of the other Party, and thereafter with respect to acts
previously performed in the exercise of their official functions. During
their stay in the territory of the
inspected Party, without prejudice
to the privileges and immunities provided for in this paragraph,
inspectors, monitors, and aircrew members shall be obliged to respect the
laws and regulations of the inspected Party,
shall be obliged not to interfere in its internal affairs, and shall not
engage in any professional or commercial activity for personal profit on
the territory of the inspected Party.
III. Notifications Concerning
Inspections and continuous
monitoring activities
1. Each Party shall provide
to the other Party the notifications provided for in this Section concerning
inspections and continuous
monitoring activities pursuant to Article
VIII of the Treaty.
2. Notification of the standing
diplomatic clearance number for inspection airplanes shall be provided no later
than 30 days after entry into force of the Treaty, for the period until the
end of the current calendar year, and subsequently no less than 30 days prior
to the beginning of each following calendar year, and shall include:
(a) standing diplomatic clearance number; and
(b) calendar year.
3. Notification of an
intention to conduct an inspection pursuant to paragraph
2, 3, 4, 5, 6, 7, or 10 of Article XI of the Treaty, shall be provided no
less than 16 hours in advance of the estimated time of arrival of the inspection
team at the point of entry from outside the territory of the inspected
Party and shall include:
(a) the point of entry; [RF
MOU Annex I] [US MOU Annex I]
(b) the date and estimated time of arrival at the point
of entry;
(c) the date and time for the designation of the inspection
site and the type of inspection; and
(d) the names of inspectors, and aircrew
members.
4. The date and time
for the designation of the inspection
site and the type of inspection shall be specified in the notification provided
in accordance with paragraph 3 of this Section subject
to the following conditions:
(a) For an inspection conducted pursuant to paragraph
2 or 4 of Article XI of the Treaty , the date and time for such designation
shall be neither less than four hours nor more than 48 hours after the date
and estimated time of arrival at the point of entry.
(b) For an inspection conducted pursuant to paragraph
3, 5, 6,
or 10 of Article XI of the Treaty, the date
and time for such designation shall be neither less than four hours nor more
than 24 hours after the date and estimated time of arrival at the point of entry.
(c) For an inspection conducted pursuant to paragraph
7 of Article XI of the Treaty, the date and time for such designation shall
be no more than 48 hours after the notification of the completion of an exercise
dispersal of mobile launchers of ICBMs and their associated missiles has been
provided in accordance with paragraph 12
of Section II of the Notification Protocol, or no more than four hours after
the date and estimated time of arrival at the point of entry, whichever is earlier.
5. Notification of an
intention to conduct an inspection pursuant to paragraph 8,
9, 11, 12, or 13 of Article XI of the
Treaty of the Treaty shall be provided no less than 72 hours in advance
of the estimated time of arrival of the inspection team
at the point of entry from outside the territory of the inspected
Party and shall include:
(a) the point of entry;
(b) the date and estimated time of arrival at the point of entry;
(c) the inspection site and
the type of inspection; and
(d) the names of inspectors and
aircrew members.
6. Notification of an
intention to replace inspectors conducting an inspection
pursuant to paragraph 8 of Article XI of the
Treaty shall be provided no less than seven days in advance of the estimated
time of arrival of replacement inspectors at the
point of entry from outside the territory of the inspected
Party and shall include:
(a) the point of entry;
(b) the date and estimated time of arrival at the point of entry;
(c) the inspection site;
(d) the names of the incoming replacement
inspectors and outgoing
inspectors being replaced, including the
name of the incoming
inspection team leader, if such a
replacement is planned; and
(e) the names of aircrew members.
7. Notification of
an intention to conduct a sequential inspection, as provided for in paragraph
36 or 37 of Section VI of this Protocol, shall be provided in writing through
a member of the in-country escort
and shall specify:
(a) for an inspection conducted pursuant to paragraph 2, 3, 4, 5, 6, 7, or 10
of Article XI of the Treaty, whether the inspection
team intends to go directly to the next inspection
site or return first to the point of entry; or
(b) for an inspection conducted pursuant to paragraph 8, 9, 11, 12, or 13 of Article XI
of the Treaty, the next
inspection site .
8. Notification of
the date and time for the designation of the next inspection
site and the type of inspection as provided for in paragraph
36 of Section VI or paragraph 19 of Section IX of
this Protocol, shall be made in writing through a member of the in-country
escort.
9. The date and time for
the designation of the inspection site and the type
of inspection shall be specified in the notification provided in accordance
with paragraph 8 of this Section, subject to the following conditions:
(a) If such notification is provided at the inspection
site, the date and time for such designation shall be:
(i) no earlier than 18 hours after commencement of the period
of inspection, except for cases where the notification is provided pursuant
to paragraph 19 of Section IX of this Protocol;
(ii) no earlier than the completion of post-inspection procedures; and
(iii) no later than 12 hours after the completion of post-inspection procedures.
(b) If such notification is provided at the point of entry, the date and time
for such designation shall be no earlier than four hours and no later than 24
hours after the return of the inspection team to
the point of entry.
10. Notification of
an intention to establish a perimeter and portal continuous monitoring system
at a facility subject to continuous monitoring and
of an intention to conduct an engineering site survey at such a facility, shall
be provided no less than 30 days in advance of the estimated date of arrival
at the point of entry of the monitoring team and
engineering site survey equipment and shall include:
(a) the specification of the facility;
(b) the point of entry;
(c) the date and estimated time of arrival
at the point of entry, and the preferred time of departure for the facility
from the point of entry; and
(d) the names of the members of the
monitoring team and
aircrew members.
11. Notification of
the date of commencement of continuous
monitoring at a facility specified in
the notification provided in accordance with paragraph
10 of this Section and of the initial arrival of monitors
at that facility to carry out continuous
monitoring, shall be provided no less than 30 days in advance of the estimated
date of arrival of monitors at the point
of entry and shall include:
(a) the specification of the
facility;
(b) the date when the procedures for continuous monitoring
at that facility will commence;
(c) the point of entry;
(d) the date and estimated time of arrival at the point of entry, and the preferred
time of departure for the facility from the point
of entry and
(e) the names of the monitors and
aircrew members.
12. Notification containing
a request for logistic support for a facility specified in a notification provided
in accordance with paragraph 10 of this Section shall
include:
(a) the specification of the
facility; and
(b) the request for logistic support in accordance with
paragraph 19 of Section XVI of this
Protocol.
13. Notification of
an intention to enter the territory of the other Party to establish a perimeter
and portal continuous monitoring system at a facility
specified in a notification provided in accordance with paragraph
10 of this Section, shall be made no less than seven days in advance of
the estimated date of arrival of the monitors at
the point of entry, if monitors that carry out continuous
monitoring are present at that facility, and
no less than 30 days in advance of the estimated date of arrival of the monitors
at the point of entry, if no monitors that carry out continuous monitoring are
present or have been present at that facility and shall include:
(a) the point of entry;
(b) the date and estimated time time of arrival at the point of entry, and
the preferred time of departure for the facility
from the point of entry;
(c) the specification of the
facility; and
(d) the names of the monitors and
aircrew members.
14. Notification of
an intention to enter the territory of the other Party to replace
monitors at a facility specified in a notification provided in accordance
with paragraph 11 or 13 of
this Section, shall be provided no less than seven days in advance of the
date of arrival of the monitors at the point of entry and shall include:
(a) the point of entry;
(b) the date and estimated time of
arrival at the point of entry, and the preferred time of departure for the
facility from the
point of entry;
(c) whether the replacement shall be at the
facility subject to continuous
monitoring or
monitored facility, at the
airport associated with such a
facility;
(d) the specification of the
facility;
(e) the names of the incoming
monitors and
aircrew members; and
(f) the number of monitors to be
replaced.
15. Notification of an intention
to enter the territory of the other Party to maintain a perimeter
and portal continuous monitoring system at a facility or facilities specified
in a notification provided in accordance with paragraph
13 of this Section, shall be provided no less than seven days in advance
of the estimated date of arrival of the
monitors at the
point of entry and shall include:
(a) the point of entry;
(b) the date and estimated time of
arrival at the
point of entry, and the preferred
time of departure for the
facility from the point of entry;
(c) the specification of the
facility or facilities; and
(d) the names of the monitors and
aircrew members.
16. Notification of
an intention to move to another facility
at which monitors are present, or to leave
the territory of the inspected Party
shall be provided no less than 48 hours in advance of the preferred time of departure, through a member of the in-country
escort at the facility from which the
monitors will leave, and shall include:
(a) the preferred time of departure;
(b) the destination;
(c) the names of monitors;
(d) for the movement to another monitored
facility, the purpose of travel; and
(e) the equipment and supplies to be transported by the
monitors.
17. Notification
of an intention to use an inspection
airplane in accordance with paragraph 4 of Section
IV of this Protocol shall be provided no less than 20 days in advance of
the estimated date of its arrival at the
point of entry or airport associated
with the facility subject to
continuous monitoring, or monitored
facility, and shall include:
(a) the type of airplane;
(b) the specification of all the
facilities subject to
continuous monitoring or
monitored facilities for
which the equipment and supplies are intended;
(c) the point of entry or
the airport associated with
the facility subject to
continuous monitoring, or
monitored facility;
(d) the estimated date of arrival at the point of entry or at the
airport associated with the
facility subject to continuous
monitoring or monitored facility;
(e) for each facility specified in subparagraph
(b) of this paragraph, the approximate number of separate palletized
or oversize units of cargo, including modular structures, and the
approximate weight and dimensions of each such unit of cargo; and
(f) the type and approximate amounts of hazardous materials carried on
the airplane that require special safety measures in transportation and
handling.
18. Notification of the
confirmation of an intention to use an inspection
airplane that has been notified in accordance with paragraph
17 of this Section shall be provided no less than seven days in advance
of the estimated date of its arrival at the
point of entry or airport associated
with the facility subject to
continuous monitoring, or monitored
facility, and shall include:
(a) the number, time, and date of the notification provided earlier in
accordance with paragraph 17 of this Section;
(b) the date and estimated time of
arrival at the
point of entry or at the
airport associated with the
facility subject to continuous
monitoring, or
monitored facility; and
(c) the names of aircrew members.
19. Notification of the
response to a request by the inspecting
Party contained in a notification provided in accordance with paragraph
17 of this Section to land an inspection
airplane at the airport associated
with a facility subject to continuous
monitoring or monitored facility
shall be provided by the inspected Party
no less than 72 hours prior to the estimated
time of its arrival specified in a notification provided in accordance with
paragraph 13, 14, 15, or 18 of this Section, and
shall include:
(a) in case the inspected Party
permits the airplane to land at the
airport associated with the
facility specified in the notification provided in accordance with
paragraph 17 of this Section:
(i) the name of the airport;
(ii) the route for the flight of
the inspection airplane to the airport; and
(iii) whether or not an
escort crew will be provided
and, if provided, a list of the
members of that aircrew; or
(b) in case the inspected Party
does not permit the airplane to land at the
airport associated with the
facility specified in the notification provided in accordance with
paragraph 17 of this Section, the
point of entry associated with
the facility.
20. Notification
of amendments made to the list of inspectors,
monitors, or aircrew
members in accordance with paragraph 4 of Section
II of this Protocol shall include:
(a) the list or lists to be amended;
(b) if any inspector,
monitor, or
aircrew member is removed from the
lists, the first name, patronymic or middle name, and last name; day,
month, and year of birth; city, oblast or state, and country of birth; and
the passport number, if available, of the person removed; and
(c) for each inspector,
monitor, or
aircrew member proposed for
inclusion in the lists, the first name, patronymic or middle name, and
last name; day, month, and year of birth; city, oblast or state, and
country of birth; and passport number, if available.
21. Notification
of agreement with or objection to the designation by the other Party of each
inspector, monitor,
or aircrew member proposed for inclusion
on the lists provided for in paragraph 2 of Section II
of this Protocol shall be provided no later than 20 days after entry into
force of the Treaty or, with respect to subsequent amendments made to these
lists, no later than 20 days after receipt of the notification provided in accordance
with paragraph 20 of this Section, and shall include:
(a) the corresponding list or lists;
(b) for each inspector,
monitor, or
aircrew member, the first name,
patronymic or middle name, and last name; day, month, and year of birth;
city, oblast or state, and country of birth; and passport number, if
available; and
(c) for each inspector,
monitor, or
aircrew member, agreement with or
objection to the designation of that person.
22. Notification
of an objection to an inspector, monitor,
or aircrew member who is currently
on the list of inspectors, monitors, or aircrew members, shall include:
(a) the corresponding list or lists;
(b) for each inspector,
monitor, or
aircrew member, the first name,
patronymic or middle name, and last name; day, month, and year of birth;
city, oblast or state, and country of birth; and passport number if
available; and
(c) for each each inspector,
monitor, or
aircrew member, the reason for the
objection to that person.
23. Notification of
a change or addition to the points of
entry to the territory of the inspected
Party shall be provided in accordance with paragraph
1 of Section IV of this Protocol through diplomatic channels no less than
five months prior to the beginning of the use of the new point of entry, and
shall include:
(a) the point of entry to
be changed, if applicable; and
(b) the new point of entry.
24. Notification containing
data concerning the flight plan of an inspection
airplane shall be provided no less than six hours prior to the scheduled
departure time of such an airplane from the last airfield prior to entering
the airspace of the inspected Party.
25. Notification of the approval
of the flight plan of an inspection
airplane filed in accordance with paragraph 24 of this
Section shall be provided by the inspected
Party no less than three hours prior to the scheduled time for departure
of such an airplane from the last airfield prior to entering the airspace of
the inspected Party.
26. Notification of an intention to conduct the cargo
examination at a location other than the facility
subject to continuous monitoring or monitored
facility shall be provided by the inspected
Party no less than 120 hours in advance of the estimated time of arrival
of an inspection airplane used
in accordance with paragraph 4 of Section IV of this
Protocol. (JCIC Agreement No. 5 Article 3)
27. Notification of a change of a
route for flights of inspection
airplanes to and from a
point of entry established on the
territory of a Party shall be provided by that Party no less than 30 days
in advance of the effective date of such change and shall include:
(a) the point of entry;
(b) the changed
flight route , and
(c) the effective date of such change. (JCIC
Agreement No. 8, Article 1, para. 1)
28. Notification of the determination,
in accordance with subparagraph 1(d)
of Subsection E of Section VI of Annex 8 to this Protocol, of agreed geographic
coordinates of reference points used at a point of entry for testing the operability
of satellite system receivers, shall be provided by the inspected
Party no later than 48 hours after such determination and shall include:
(a) the point of entry;
(b) the date of determination of the agreed
geographic coordinates;
(c) the agreed geographic coordinates
of each of the reference
points; and
(d) a physical description of each of the
reference points.
(JCIC Agreement No. 19, Article 3, para. 1)
29. Notification of the intent to change,
in accordance with subparagraph 1(h)
of Subsection E of Section VI of Annex 8 to this Protocol, a reference
point used at a point of entry
for testing the operability of satellite
system receivers, shall be provided by the
inspected Party no less than seven days in advance of the proposed effective
date of the change and shall include:
(a) the point of entry
(b) the agreed geographic
coordinates of the
reference point to be changed;
(c) the geographic coordinates
of the new reference point; and
(d) the proposed effective date of the change.
(JCIC Agreement No. 19, Article 3, para.
2)
IV. Arrangements for
Air Transportation
1. The United States
of America and the Russian Federation shall each establish on its territory
no more than three and no fewer than two points of entry. The Republic of Belarus,
the Republic of Kazakhstan, and Ukraine shall each establish one point of entry
on its territory. The points of entry and their associated inspection
sites shall be listed in Annex I to the Memorandum of Understanding. [RF
MOU Annex I] [US MOU Annex I] [Belarus
MOU Annex I] [Kaz
MOU Annex I] [Ukraine
MOU Annex I] Each Party may change a point of entry to its territory by
providing notification of such a change to the other Parties in accordance with
paragraph 23 of Section III of this Protocol.
(JCIC Agreement No. 14, Article 1, Para. 1)
2. The inspected
Party shall, for each facility
subject to continuous monitoring or monitored
facility, identify the airport
associated with that facility. Provisions of this Protocol relating to points
of entry, except for the provisions of paragraphs
2, 3, 4, and 14 of Section V of this Protocol,
shall apply to such airports while inspection
airplanes or equipment and supplies transported by such airplanes in accordance
with paragraph 4 of this Section are located there.
3. The inspecting
Party shall have the right to use inspection
airplanes of the types specified in
paragraph 2 of Annex 10 to this Protocol for the transportation of inspectors
or monitors to the points
of entry on the territory of the inspected
Party. Such airplanes may, at the same time that they are transporting inspectors,
carry equipment intended for inspections.
Such airplanes may, at the same time that they are transporting monitors, carry
equipment and supplies intended for continuous
monitoring activities. The inspecting
Party shall provide notification of each flight of an inspection airplane
transporting inspectors or monitors in accordance with paragraph
3, 5, 6, 10, 11, 13, 14, or 15 of Section III
of this Protocol.
4. The inspecting Party
shall have the right to use inspection
airplanes of types specified in paragraph
3 of Annex 10 to this Protocol for the transportation of cargo specified
in an inventory provided in accordance with paragraph
1 of Annex 7 to this Protocol. Such airplanes may, at the same time that
they are transporting such cargo, carry monitors,
and equipment and supplies intended for continuous
monitoring activities, and, if such airplanes arrive at the
point of entry, also inspectors and equipment intended for inspections.
Such airplanes may carry only equipment, only supplies, or both at one and the
same time. Flights of such airplanes shall take place only to the points of
entry, and, for airplanes not transporting inspectors, on a case-by-case basis,
with the permission of the inspected Party, into airport
associated with facility subject
to continuous monitoring or monitored
facilities. For airplanes making flights into airport
associated with facilities subject
to continuous monitoring or monitored
facilities, the inspected Party shall have the right to provide an escort
crew consisting of not more than two individuals (navigator and radio operator
or navigator only) who shall board the inspection
airplane at the last airfield prior to entering the airspace of the inspected
Party. The inspecting Party shall
provide notification of each flight of an inspection airplane for the transportation
of cargo in accordance with paragraph 17 of Section
III of this Protocol and, if applicable, paragraph 3,
5, 6, 10, 11, 13, 14,
15, or 18 of Section III of this Protocol.
5. During an operational
dispersal conducted by one of the Parties, each flight of inspection
planes used in accordance with paragraph 3 or 4
of this Section, to transport monitors,
and to transport cargo to the territory of the Party that has declared an operational
dispersal, and to the territory of the Party that has declared the suspension of inspections in connection with
such a dispersal conducted by the other Party, shall be agreed through diplomatic
channels.
6. The inspected
Party shall have the right to use airplanes making regularly scheduled commercial
flights to transport inspectors and monitors
to those point of entry that are
served by such airplanes. The provisions of this Protocol shall not affect airplanes
making regularly scheduled commercial flights that are used for the transportation
of inspectors and monitors
to point of entry, or their aircrews.
Inspectors arriving on the territory of
the inspected Party on an airplane
making a regularly scheduled commercial flight shall have the right to bring
equipment intended for inspections. Monitors
arriving on the territory of the inspected
Party on an airplane making a regularly scheduled commercial flight shall
have the right to bring equipment and supplies intended for continuous
monitoring activities.
7. An inspection
airplane used in accordance with paragraph 4 of this
Section may transport equipment and supplies for more than one facility
subject to continuous monitoring or monitored
facility only if all such facilities are associated with the same
point of entry and the flight is made to that point of entry.
8. The following
routes for flights of inspection airplanes used in accordance with this Section
to and from the points of entry shall be listed in paragraph 10 of Annex I to
the Memorandum of Understanding:
[RF MOU Annex I] [US
MOU Annex I] [Belarus MOU
Annex I] [Kaz MOU
Annex I] [Ukraine MOU
Annex I]
(a) from the west, directly to and from the
points of entry to the Republic
of Belarus, the Republic of Kazakhstan, Ukraine, and western points of
entry to the Russian Federation and the United States of America;
(b) from the east, directly to and from the
point of entry to the Republic of
Kazakhstan and eastern points of entry to the Russian Federation and the
United States of America;
(c) between the
points of entry to the Republic
of Belarus, the Republic of Kazakhstan, Ukraine, and western points of
entry to the Russian Federation. An inspection
airplane of the United States of America shall use such routes only
if it has arrived at one of these points of entry from the west;
(d) between the
point of entry to the Republic of
Kazakhstan and eastern points of entry to the Russian Federation. An
inspection airplane of the
United States of America shall use such routes only if it has arrived at
one of these points of entry from the east.
Such flights shall be the basis for issuing standing diplomatic
clearance numbers. Each Party shall assign alternate airfields in
accordance with the rules of the International Civil Aviation
Organization. Each Party may change routes for flights of inspection
airplanes to and from points of entry established on its territory by
providing a notification of such change to the other Parties in accordance
with paragraph 27 of Section III of this
Protocol. (JCIC Agreement No. 14,
Article 1, Para. 2)
9. Flight
plans for inspection airplanes shall be filed
in accordance with the procedures of the International Civil Aviation Organization
applicable to civil aircraft. The inspecting Party shall include in the
remarks section of each flight plan the standing diplomatic clearance number
and the notation: "Inspection airplane. Priority clearance processing required."
10. No less than
three hours before the scheduled time for departure of an
inspection airplanes from the last airfield prior to entering the airspace
of the inspected Party, the inspected
Party shall ensure that the flight plan of the inspection airplane, filed in
accordance with paragraph 9 of this Section, is approved
so that the inspection team or monitors
may arrive at the point of entry
by the estimated arrival time.
11. The call sign "START-XXX"
shall be assigned to inspection airplanes
. The same odd-hundred call sign shall be assigned to inspection airplanes
of the United States of America (for example, 1XX, 3XX, 5XX) and the same even-hundred
call sign shall be assigned to inspection airplanes of the Union of Soviet Socialist
Republics (for example, 2XX, 4XX, 6XX).
12. The number of
aircrew members for each
inspection airplanes shall not exceed ten, except that the
inspecting Party shall have the right to exceed that number of aircrew members
by no more than 15 for inspection airplanes used in accordance with paragraph
4 of this Section, for the purpose of assisting in the delivery or removal
of equipment and supplies intended for continuous
monitoring activities. or, on a case-by-case basis, with the permission
of the inspected Party, for the purpose
of conducting non-routine maintenance or repair of
inspection airplanes located within the territory of the inspected Party.
13. The inspected
Party shall provide parking, security protection, fueling, air navigation,
airport facility, and ground technical and commercial services, as well as additional
services as requested, for inspection
airplanes of the inspecting Party at the
point of entry or the airport
associated with the facility
subject to continuous monitoring or monitored
facility. The cost of parking and security protection for each such airplane
shall be borne by the inspected Party.
The cost of fueling and air navigation, airport facility, and ground technical
and commercial services, as well as additional services as requested, shall
be borne by the inspecting Party.
14. For each facility
subject to continuous monitoring or monitored
facility, the maximum weight of equipment and supplies that may be brought
into or taken out by one flight of an airplane transporting monitors
through the point of entry in accordance
with the provisions of this Section shall be 3,000 kilograms, unless
otherwise agreed within the framework of the Joint
Compliance and Inspection Commission. This limitation on weight shall not
apply to the cargo specified in the inventory provided in accordance with paragraph
1 of Annex 7 to this Protocol. (JCIC Agreement
No. 4, Article 1)
V. Activities Beginning
Upon Arrival at the point of entry
1. Inspection
teams, monitors, and aircrew
members shall arrive at the point
of entry on the territory of the inspected
Party that is associated with the inspection
site or the facility subject
to continuous monitoring or monitored
facility. As soon as the airplane lands, the in-country
escort shall meet: the inspection team or monitors, and aircrew members
arriving at the point of entry on
an inspection airplane ; or the
inspection team or monitors
arriving at the point of entry on an airplane making a regularly scheduled commercial
flight. The in-country escort shall
expedite the entry of the inspection team
or monitors, and aircrew
members, their baggage, and equipment intended for inspections, or equipment
and supplies intended for continuous
monitoring activities, into the territory of the inspected
Party and shall accompany the inspection
team and assist it in exercising its functions throughout the in-country
period. The in-country escort
shall have the right to accompany monitors
and shall assist them in exercising their functions throughout the in-country
period.
2. As soon as an airplane
lands, diplomatic officials of each Party whose citizens are among the inspectors,
monitors, and aircrew members
arriving at the point of entry shall meet:
(a) the inspection team
or
monitors, and
aircrew members arriving at the
point of entry on an inspection airplane; or
(b) the inspection team
or
monitors arriving at the
point of entry on an airplane
making a regularly scheduled commercial flight.
Such diplomatic officials may accompany
inspectors and
monitors only during the stay of the
inspectors and
monitors at the
point of entry, but may accompany
the aircrew members throughout
the
in-country period.
(JCIC Agreement No. 23 Article 1, para. 1)
3. An inspection
airplane arriving at the San Francisco
point of entry shall land at Travis Air Force Base. No more than two diplomatic
officials of the Party that provided the notification of the inspection in accordance
with Section III of this Protocol and no more than
one diplomatic official of each other Party whose citizens are among the inspectors,
monitors, and aircrew
members arriving at the point of
entry shall be permitted to enter Travis Air Force Base for the purpose
of meeting inspectors, monitors, and aircrew members arriving there. For that
purpose, no less than four hours prior to the estimated time of arrival of such
an airplane at Travis Air Force Base, the embassy or consular post of which
such diplomatic officials are members shall transmit to the Department of State
of the United States of America in Washington, D.C. by telephone, the names
of the diplomatic officials involved and the registration number of the vehicle
involved. The diplomatic officials so identified shall be granted access to
the base no less than 30 minutes prior to the estimated time of arrival of such
airplane.(JCIC Agreement No. 23, Article 1,
para. 2)
4. The inspected
Party shall provide, or arrange for providing transportation to Travis
Air Force Base of inspection teams
and monitors that arrive at San Francisco
International Airport on airplanes making regularly scheduled commercial flights.
In such cases, no more than two diplomatic officials of the Party that provided
the notification of the inspection in accordance with Section
III of this Protocol and no more than one diplomatic official of each other
Party whose citizens are among the inspectors
and monitors arriving at the point
of entry shall be permitted to accompany such inspection
teams or such monitors onto Travis Air
Force Base. No less than two hours prior to the estimated time of arrival of
the inspection team or monitors at San Francisco International Airport, the
embassy or consular post of which such diplomatic officials are members shall
transmit to the Department of State of the United States of America in Washington,
DC, by telephone, the names of the diplomatic officials involved and the registration
number of the vehicle involved, for the purpose of providing the diplomatic
officials so identified access to Travis Air Force Base in order to accompany
inspection team or monitors.
(JCIC Agreement No. 23, Article 1, para. 3)
5. An inspector
or monitor shall be considered to have assumed
the duties of an or monitor upon arrival at the point
of entry on the territory of the inspected
Party and shall be considered to have ceased performing those duties after
departure from the territory of the inspected Party through the point of entry.
6. Throughout the in-country
period, inspectors and monitors
shall wear civilian clothes. During their stay at the inspection
site, in the perimeter continuous monitoring
area, and at other locations, as agreed by the inspection
team leader or monitoring team
leader and a member of the in-country
escort, the inspectors and monitors
shall wear unique badges provided by the inspecting
Party.
7. Each Party shall ensure
that equipment and supplies are exempt from all custom duties and are expeditiously
processed at the point of entry.
8. Equipment and supplies
that the inspecting Party, in accordance
with paragraphs 15 and 16 of Section VI of this Protocol,
brings into the country in which the inspection site or the facility
subject to continuous monitoring or monitored
facility is located shall be subject to examination each time they are brought
into that country. Such equipment and supplies shall be examined by the in-country
escort, in the presence of inspectors
or monitors, or, for inspection
airplane used in accordance with paragraph 4 of Section
IV of this Protocol , at the discretion of the inspecting
Party, in the presence of aircrew members.
The purpose of such examination shall be to ascertain to the satisfaction of
each Party that the equipment or supplies cannot perform functions unconnected
with the requirements of inspections
or continuous monitoring activities.
9. Equipment
and supplies that inspectors or monitors
bring on inspection airplanes
used in accordance with paragraph 3 of Section IV of
this Protocol or on airplanes making regularly scheduled commercial flights
shall be examined by the in-country
escort at the point of entry.
The examination of such equipment and supplies shall be completed prior to the
departure of the inspected Party or
monitors from the point of entry for the
inspection site or the facility
subject to continuous monitoring or the monitored
facility.
10. Equipment and supplies
transported on inspection airplanes used in accordance with paragraph
4 of Section IV of this Protocol shall be examined in accordance with the
provisions of Annex 7 to this Protocol.
11. If the inspected
Party concludes as a result of an examination conducted in accordance with
paragraph 8 of this Section that an item of equipment
or supplies can perform functions unconnected with the requirements of inspections
or continuous monitoring activities,
the inspected Party may impound that
item of equipment or supplies at the location of the examination. Equipment
and supplies impounded at the point of
entry or the airport associated
with the facility subject to
continuous monitoring or the monitored
facility shall not be brought to an inspection
site or to a facility subject
to continuous monitoring or monitored facility, unless the inspected
Party informs the inspecting Party otherwise.
12. If, during the examination
of equipment or supplies a member of the
in-country escort concludes that
an item of equipment or supplies should not be cleared for use, the member of
the in-country escort shall explain the reasons for that conclusion to the inspection
team leader or the monitoring team
leader, or an authorized representative of such a team. If the inspection team
leader or the monitoring team leader, or the authorized representative of such
a team, disagrees with the conclusion of the member of the in-country
escort, the inspection team leader or the monitoring team leader, or the
authorized representative of such a team, may explain the appropriateness of
the item of equipment or supplies to the requirements of inspections
or continuous monitoring activities.
If the member of the in-country escort remains convinced of the original conclusion,
that member of the in-country escort and the inspection team leader or the monitoring
team leader, or the authorized representative of such a team, shall record their
views in a joint document and each of them shall retain a copy of the document.
The Parties may resolve disagreements on the use of impounded equipment or supplies
through diplomatic channels, within the framework of the Joint
Compliance and Inspection Commission, or by other methods agreed by the
Parties.
13. If the inspected
Party has not informed the inspecting
Party of a different decision, the equipment or supplies impounded at the
point of entry or at the airport
associated with the facility
subject to continuous monitoring or monitored
facility shall be removed no later than the departure from the country of
the inspection team that brought the
impounded equipment or supplies or no later than the next departure of the monitors
from the country. The impounded equipment or supplies may be removed from the
country, at the choice of the inspecting Party, either on an inspection
airplane or on a civil aircraft making a regularly scheduled commercial flight.
Until such equipment or supplies have been removed from the country, they shall
be stored at the point of entry or
the airport associated with the
facility subject to continuous monitoring
or monitored facility. A storage
method shall be used that requires the presence of representatives of both Parties
for access to the impounded equipment or supplies.
14. Except as provided
for in Annex 7 to this Protocol , each Party
shall have the right to store equipment and supplies at the
points of entry on the territory of the other Party. Storage of such equipment
and supplies at each point of entry shall be within a secure structure or room.
The inspecting Party may provide
containers that are locked by locks and sealed by seals belonging to the inspecting
Party, for storage of such equipment and supplies within the secure structure
or room. The storage method used shall require the presence of representatives
of both Parties for access to the equipment or supplies.
15. For an inspection
conducted pursuant to paragraph 2, 3, 4,
5, 6, 7, or 10
of Article XI of the Treaty, the inspection
team leader shall, at or before the time for the designation of the inspection
site specified in the notification provided in accordance with paragraph
3 of Section III of this Protocol, designate in writing to the inspected
Party through the in-country escort,
of the type of inspection and the inspection
site, indicating its name and geographic
coordinates. Such a designation of the inspection
site shall be made either at the time specified in that notification at
the airport of the point of entry,
or, prior to that time, at the airport of the point of entry or at another place
within the point of entry.
16. For
reentry vehicle inspections of deployed ICBMs and SLBMs, if prior to the
departure of the inspected Party for
the inspection site, a member of the
in-country escort has informed the
inspected Party leader that there
are no deployed ICBMs or SLBMs
in all of the restricted areas of
the ICBM base for or the rail
garrison or at a submarine base
to be inspected, no later than one hour after such notification, the inspection
team leader shall have the right to:
(a) inform the member of the
in-country escort that the
inspection of the designated
base for mobile launchers of ICBMs
or of the submarine base shall
take place. In this case such inspection shall count against the quota
provided for in paragraph 1 of Section IX of
this Protocol;
(b) designate for inspection an
inspection site associated with
the same
point of entry in accordance with
the provisions provided in paragraph 15 of this
Section or in paragraph 36 or 37 of Section
VI of this Protocol;
(c) decline to conduct the inspection and leave the territory of the
inspected Party. In this case the
number of reentry vehicle inspections
of deployed ICBMs and SLBMs to which
the inspecting Party is entitled
shall not be reduced.
17. For a data
update inspection at an air base for heavy
bombers, except for an air base at which are based only heavy bombers of
a type from none of which a long-range nuclear ALCM has been flight-tested;
an air base for former heavy bombers; a
training facility for heavy bombers;
or a storage facility for heavy bombers
and former heavy bombers, that has been designated for inspection:
(a) If the number of
heavy bombers, other than test heavy bombers, and
former heavy bombers that are of types
of heavy bombers and
former heavy bombers based at the
designated facility and that will be located at such facility at any time
during the first 20 hours of the
period of inspection, is less
than 70 percent of the number of such airplanes specified as based at such
facility, a member of the
in-country escort shall so
inform the inspection team
leader prior to the departure of the
inspected Party to the
inspection site . In such a
case, the
inspected Party leader shall have
the right:
(i) to inform a member of the
in-country escort that the
inspection of the designated facility will proceed; or
(ii) to designate another
inspection site; or
(iii) to decline to conduct the inspection. In such a case, the number
of data update inspections to which
the inspecting Party is entitled shall
not be reduced.
(b) If the inspection
team leader is not so informed, or if the inspection team leader is so
informed but decides to continue the inspection, then prior to the
departure of the inspection team to the
inspection site, a member of the
in-country escort shall inform
the inspection team leader of the name of the airfield within the national
territory of the
inspected Party at which will be
located each
heavy bomber or
former heavy bomber that is specified as
based at the facility designated for inspection, and that will be absent
from the
inspection site but located
within the national territory of the
inspected Party during the
period of the inspection. A member of
the
in-country escort shall also
inform the inspection team
leader of the number and type of
test heavy bombers that will be located
at the inspection site at any
time during the period that
pre-inspection
restrictions on heavy bombers and
former heavy bombers will be in effect.
(c) For sequential
inspections, the procedures provided for in subparagraphs
(a) and (b) of this paragraph shall be carried out at the location
at which the inspection team
leader designates the subsequent
inspection site pursuant to paragraph 7 of Section III of this Protocol.
18. Throughout the
in-country period, the inspected
Party shall provide, or arrange for the provision of meals,
lodging, transportation, and, as necessary, medical and other urgent services
for the inspectors, and aircrew
members of the inspecting Party .
Costs of all such services shall be borne by the inspected
Party.
19. The inspected
Party shall provide, or arrange for the provision of meals,
lodging, transportation, and, as necessary, urgent medical services for
the monitors while the monitors are at the
point of entry; shall provide or
arrange for the provision of transportation in connection with travel between
the point of entry or the airport
associated with the facility
subject to continuous monitoring or monitored
facility and the facility subject to continuous monitoring or monitored
facility, and between the facilities subject to continuous monitoring or monitored
facilities; and, at the request of the inspecting
Party, shall provide or arrange for the provision of meals, lodging, work
space, transportation and, as necessary, medical and other urgent services while
monitors are at the facility
subject to continuous monitoring or monitored facility. The cost of all
services provided for monitors shall be
distributed as follows:
(a) The cost of transportation and urgent medical
services provided while monitors are
at the point of entry shall be
borne by the
inspected Party.
(b) The cost of meals and lodging
provided while monitors are at the
point of entry shall be borne by
the
inspecting Party.
(c) The cost of temporary and permanent
lodging and work space provided while the
monitors are at the
facility subject to continuous
monitoring or
monitored facility, including
utilities and maintenance for such lodging and work space, shall be borne
by the inspecting Party.
(d) The cost of meals, provided at the
request of the inspecting Party,
while the
monitors are at the
facility subject to continuous
monitoring or
monitored facility shall be
borne by the inspecting Party.
(e) The cost of transportation of
monitors that arrive on an airplane used
in accordance with paragraph 3 or 6 of Section
IV of this Protocol, together with equipment and supplies that do not
exceed the weight specified in accordance with
paragraph 14 of Section IV of this Protocol,
from the point of entry to the
facility subject to
continuous monitoring or
monitored facility and from
such a facility to the
point of entry shall be borne by
the inspecting Party.
(f) The cost of transportation of
monitors, together with equipment and
supplies that do not exceed the weight specified in accordance with
paragraph 14 of Section IV of this Protocol,
from one
facility subject to continuous
monitoring or
monitored facility to another
such facility shall be borne by the
inspecting Party.
(g) The cost of transportation of
monitors from the
facility subject to continuous
monitoring or
monitored facility to the
embassy or consulate of the
inspecting Party on the territory of the
inspected Party and back, pursuant
to paragraph 29 of Section XVI of this
Protocol, as well as the provision of transportation, meals, and
lodging during such travel, shall be borne by the
inspecting Party.
(h) The cost of delivering equipment and
supplies for continuous
monitoring activities that arrive on an airplane used in accordance
with paragraph 4 of Section IV of this Protocol,
and the cost of transporting the
monitors that arrive on such an
airplane, from the
point of entry to the
facility subject to continuous
monitoring or
monitored facility and from
such a facility to the point of entry shall be borne by the
inspecting Party.
(i) The cost of delivering equipment and supplies for
facility subject to continuous
monitoring or
monitored facility that arrive
on an airplane used in accordance with paragraph
4 of Section IV of this Protocol, and the cost of transporting the
monitors that arrive on such an
airplane, from the
airport associated with the
facility subject to continuous
monitoring or
monitored facility to such a
facility and from the facility subject to continuous monitoring or
monitored facility to the airport
associated with such a facility shall be borne by the
inspecting Party.
(j) The cost of urgent evacuation of
monitors, at the request of the
inspecting Party, from the
facility subject to continuous
monitoring or
monitored facility to the
point of entry or airport
associated with such a facility shall be borne by the
inspecting Party.
(k) The cost of utilities and
maintenance of the perimeter and portal
continuous monitoring system, including utilities and engineering
support for the building for storage of equipment and supplies, shall be
borne by the
inspecting Party.
(l) The cost of transportation provided for
monitors within the zone where monitors
may move with the permission of the
inspected Party and the free
movement zone that are provided for in
paragraph 8 of Section XVI of this Protocol
shall be borne by the inspecting
Party.
(m) The cost of medical and other urgent
services provided while the monitors
are at the facility subject to
continuous monitoring or
monitored facility shall be
borne by the inspected Party.
20. For the goods and services
provided by the inspected Party pursuant
to paragraphs 18 and 19 of this Section, the following
provisions shall apply:
(a) Meals for
monitors,
inspectors, and
aircrew members shall be prepared
meals and shall be served either in a dining facility or at a location
agreed to by the
inspected Party leader and a
member of the
in-country escort.
(b) Lodging for inspectors and
aircrew members shall be of the
following types:
(i) Lodging for inspectors and
aircrew members provided at the
point of entry, and for
inspectors conducting an inspection
pursuant to
paragraph 8 of Article XI of the Treaty
at facilities where the elimination
process occurs continuously or nearly continuously, shall be hotel-type
accommodations.
(ii) Lodging for inspectors
provided in all other cases shall be sufficient to permit inspectors to
sleep. Such lodging need not be separate from the work space for
inspectors provided at inspection
sites .
(c) Lodging for
monitors shall be in buildings built by
the inspected Party for the
inspecting Party, except that
lodging for
monitors at the
point of entry shall be
hotel-type accommodations. Until construction of such buildings is
completed the inspected Party
shall provide monitors with
apartment-type accommodations in existing buildings.
(d) For transportation of
inspectors and
monitors, the following provisions shall
apply:
(i) At the inspection site ,
the inspected Party shall
provide a sufficient number of vehicles to transport the
inspected Party, and up to five
vehicles to transport the subgroups that may be designated by the
inspection team leader.
(Ii) For monitors at the
point of entry and within the zone where monitors may move with the permission
of the inspected Party and within the free movement zone that are provided for
in paragraph 8 of Section XVI of this Protocol,
the inspected Party shall provide
vehicles. The drivers of such vehicles shall be considered to be members of
the in-country escort.
21. The inspecting
Party shall provide or arrange for the provision of meals,
lodging, work space, transportation, and, as necessary, medical and other
urgent services for the escort crew of
the inspected Party pursuant to paragraph
4 of Section IV of this Protocol while such escort crew is at or in the
vicinity of the last airfield from which the inspection
airplane will depart prior to entering the airspace of the inspected Party.
Costs for all such services shall be borne by the inspecting
Party. The inspecting Party shall provide or arrange for transportation
of the escort crew to the last airfield from which the inspection airplane
will depart prior to entering the airspace of the inspected
Party. The cost for such travel shall be borne by the inspecting
Party.
22. Coverage of the activities
of inspection teams and monitoring
teams by representatives of the mass media on the territory of the inspected
Party shall be arranged as follows:
(a) at the point of entry
the inspected Party shall
provide such representatives an opportunity to photograph and televise the
arrival and departure of
inspection teams and
monitoring teams;
(b) the Parties shall agree on a case-by-case basis through diplomatic
channels to provide representatives of the mass media an opportunity to
interview inspectors and
monitors, to include taking photographs
and making audio-visual recordings;
(c) the activities of representatives of the mass media shall be
arranged so that such activities do not interfere with the conduct of
inspections,
continuous monitoring
activities, or the process of elimination; and
(d) the Parties shall not allow representatives of the mass media to
accompany inspectors during
inspections or
monitors during the conduct of
continuous monitoring
activities.
VI. General Rules for
the Conduct of Inspections and Continuous
Monitoring Activities
1. Inspectors
and monitors shall discharge their functions
in accordance with this Protocol.
2. Inspectors
and monitors shall not disclose information
obtained during inspections or continuous
monitoring activities except with the express consent of the
inspecting Party. They shall remain bound by this obligation after their
assignments as inspectors or monitors
have ended.
3. The boundaries of
an inspection site shall be the boundaries
of the facility specified on the site
diagram that is received pursuant to the Agreement between the Government
of the United States of America and the Government of the Union of Soviet Socialist
Republics on Exchange of Geographic Coordinates and Site Diagrams relating to
the Treaty of July 31, l99l, or provided in accordance with paragraph
3 of Section I of the Notification Protocol.
4. At any facility
containing non-contiguous parts of an inspection
site that are connected with roads depicted on the site
diagram, such roads shall not be considered part of the inspection
site. Containers, launch canisters,
or vehicles located on such roads shall not be subject to inspection until such
containers, launch canisters, or vehicles enter the inspection
site during the period of inspection.
An item that is transported from one noncontiguous part of the facility
to another noncontiguous part of the facility shall not be considered to be
in transit provided it is transported directly
on roads shown on the site diagram.
5. In discharging their functions,
inspectors and monitors
shall communicate with personnel of the inspected
Party only through the in-country
escort.
6. Except as provided
for in this Protocol, inspectors and monitors
shall not interfere with ongoing activities at an inspection
site or a facility subject to
continuous monitoring or monitored
facility and shall not hamper or delay the operation of a facility. inspectors
and monitors shall take no actions affecting
the safe operation of a facility.
7. In carrying out their activities,
inspectors and monitors
shall observe safety regulations established at the inspection
site or perimeter continuous monitoring area including those for personal
safety, as well as regulations for the protection of equipment and maintenance
of the controlled environment within a facility.
The in-country escort shall provide
safety briefings in the inspected Party's
language. These briefings shall be interpreted by the inspected Party into the
inspecting Party's language. The inspected Party shall provide, as necessary,
individual protective gear.
8. A member of the in-country
escort shall ensure necessary lighting for inspectors
and monitors to carry out the procedures
provided for in this Protocol.
9. If inspectors
or monitors, in discharging their duties,
take actions that are not in accordance with the rules and procedures governing
the conduct of inspections or continuous
monitoring activities, the in-country
escort may inform the inspection team
leader or the monitoring team leader,
or an authorized representative of such a team, who shall take appropriate measures
to prevent a repetition of such actions. If the questions or ambiguities are
not resolved at the site, the in-country
escort may include a statement in the
inspection report or continuous
monitoring report concerning such actions, and the inspection
team leader or monitoring team
leader may include in the report a response to such a statement.
10. If members of the in-country
escort, in discharging their duties, take actions that are not in accordance
with the rules and procedures governing the conduct of inspections
or continuous monitoring activities,
the inspection team leader or monitoring
team leader, or an authorized representative of such a team, may inform
the in-country escort, who shall
take appropriate measures to prevent a repetition of such actions. If the questions
or ambiguities are not resolved at the site, the inspection
team leader or monitoring team
leader may include a statement in the inspection
report or continuous monitoring
report concerning such actions, and the in-country
escort may include in the report a response to such a statement.
11. Except as otherwise provided
in this Protocol, the movement and travel of inspectors,
monitors, and aircrew
members shall be at the discretion of the in-country
escort. In case of need for the urgent departure or emergency evacuation
of inspectors or monitors
from the territory of the inspected Party
or urgent travel to the embassy or consulate of the inspecting
Party on the territory of the inspected Party, the
inspecting Party shall inform the inspected Party of the need for each such
departure, evacuation, or travel and the nature of the urgency or emergency.
The inspected Party shall arrange
without undue delay such departure, evacuation, or travel. The inspecting Party,
may, on a case-by-case basis, with the permission of the inspected Party, evacuate
inspectors or monitors,
using its own airplane and at its own expense, from the airport closest to the
inspection site or the facility
subject to continuous monitoring or monitored
facility. In all cases, the inspected
Party shall determine the means of transportation and routes involved in
travel. During each such departure, evacuation, or travel, the inspected Party
shall have the right to examine the personal baggage of inspectors
or monitors, except papers.
12. At an inspection
site, representatives of the inspected facility
shall be included among the in-country
escort. For continuous monitoring
activities, the Parties shall designate, at each of their facilities
subject to continuous monitoring or monitored
facilities, an in-country escort. The inspected
Party shall ensure that a member of the in-country
escort at the facility is continuously available to monitors
either in person or by telephone.
13. Throughout the period
of stay at the point of entry, at
the inspection site, or at the perimeter
continuous monitoring area, the inspected Party shall ensure that the inspectors
and monitors can be in communication with
the embassy of the inspecting Party
located on the territory of the inspected
Party using telephonic communications provided by the inspected Party. Monitors
shall also have the right, subject to the provisions of paragraphs
16,17, and 18 of Section XVI
of this Protocol, to use a satellite system for communications between the
monitoring team and the territory
of the inspecting Party. The inspected
Party shall provide means of communication between inspection
team subgroups. Such means of communication shall be under the control of
the inspected Party.
14. For inspections
conducted pursuant to paragraph 2, 3, 4,
5, 6, 7, or 10
of Article XI of the Treaty, the inspected
Party shall transport the inspection
team from the point of entry
to the inspection site no later than
nine hours after the time for the designation of the inspection
site specified in the notification provided in accordance with paragraph
3 of Section III of this Protocol, except that for inspections conducted
pursuant to paragraph 3 of Article XI of the
Treaty at ICBM bases for road-mobile
launchers of ICBMs, the inspected
Party shall transport the inspection
team to the inspection site no
later than 24 hours after that time. If an inspection is conducted after completion
of a previous inspection as provided for in paragraph
36 of this Section, the inspected
Party shall transport the inspection
team to the inspection site within
the following time periods:
(a) no later than nine hours after the time for the designation of the
inspection site specified in the
notification provided in accordance with
paragraph 8 of Section III of this Protocol,
if such a notification is provided at the
point of entry; or
(b) no later than 18 hours after the time for the designation of the
inspection site specified in the
notification provided in accordance with
paragraph 8 of Section III of this Protocol,
if such a notification is provided at the inspection site.
15. The inspection
team shall have the right, subject to the provisions of paragraphs
8 and 9 of Section V of this Protocol, to bring onto the inspection
site documents intended for inspections,
as well as equipment, the maximum number of which for any specific item shall
not exceed the number specified in Annex 8 to
this Protocol for the corresponding item in the list of equipment for any
given type of inspection. During its stay at the inspection
site the inspection team shall
have the right to store the equipment in the work space for inspectors. Such
equipment shall be stored under the control of the inspection team. Throughout
the in-country period the inspectors
shall permit the in-country escort
to observe such equipment.
16. Monitors
shall have the right, subject to the provisions of paragraphs
8, 9, and 10 of Section V of this Protocol and of Annex
7 to this Protocol, to bring, and shall have the right, subject to the provisions
of paragraph 10 of Section V of this Protocol and
of Annex 7 to this Protocol, to deliver to
each facility subject to continuous
monitoring or monitored facility
documents intended for continuous
monitoring activities, as well as equipment provided for in Annexes
8 and 9 to this Protocol and supplies.
Throughout the in-country period
the monitors shall permit the in-country
escort to observe such equipment and supplies, except when those supplies
are located in the living quarters for the monitors, and except when such equipment
and supplies are located in their office premises that enjoy inviolability or
protection in accordance with subparagraph 7(b) of
Section II of this Protocol.
17. The
inspecting Party shall provide to the inspected
Party through diplomatic channels a list of items of equipment, provided
for in Annex 8 or 9
to this Protocol, indicating the manufacturer's name and the model, if not
previously provided. Technical specifications of such items of equipment shall
be agreed by the Parties without undue delay and prior to the first time such
items of equipment are brought or delivered to the territory of the inspected
Party. The inspecting Party shall
have the right to replace, upon agreement with the inspected
Party, equipment provided for in Annex 8
or 9 to this Protocol with other equipment,
subject to the following provisions:
(a) If the purpose and characteristics of the replacement
equipment are similar to the purpose and characteristics of the equipment
provided for in Annex 8 or
9 to this Protocol, such equipment shall, at the choice of the inspected
Party, be agreed upon either before such equipment is delivered to the territory
of the inspected Party or upon completion of the examination of the equipment
conducted in accordance with paragraph 8 of Section V
of this Protocol or in accordance with paragraph
4 or 8 of Annex 7 to this Protocol
when applicable. For that purpose, the inspecting
Party shall provide to the inspected
Party through diplomatic channels a list and description of such equipment,
indicating the manufacturer's name and the model, if available, and the type
of inspection or the place in the perimeter and
portal continuous monitoring system where the equipment will be used or
installed. This list and this description shall be provided in the time agreed
for the provision of the inventory in accordance with
paragraph 1 of Annex 7 to this Protocol.
(b) If the Parties have not reached agreement regarding the replacement
equipment purpose or characteristics of the replacement equipment differ
from the purpose and characteristics of the equipment provided for in Annex
9 to this Protocol, the question of the use of such equipment shall be agreed
upon within the framework of the Joint Compliance and Inspection Commission.
18. During an inspection
or continuous monitoring activity,
inspectors or monitors
shall have the right to use any of the equipment specified in Annex
8 or 9 to this Protocol for a specific
type of inspection or for continuous
monitoring activities, except for cameras, which shall be used only by the
inspected Party, at the request of
the inspecting Party. At the request
of the inspectors or monitors,
a member of the in-country escort
shall take photographs in order to obtain two photographs of each object or
building located within the inspection
site or perimeter continuous monitoring area,
designated by the inspectors or monitors,
relating to which questions or ambiguities have arisen. One camera on a tripod
shall be allowed for taking two photographs in sequence. Each Party shall retain
one photograph of each item. The photographic equipment furnished by the inspecting
Party shall be capable of producing instant development photographs.
19. Measurements recorded
during inspections or continuous
monitoring activities shall be certified by the signatures of an or a monitor
and a member of the in-country escort
immediately after they are taken. Such certified data shall be included in the
inspection report or continuous
monitoring report. The result of each measurement of the weight or dimensions
that deviates by no more than three percent from the relevant technical data
provided pursuant to Article VIII of the Treaty shall
be considered acceptable.
20. For the purposes
of this Protocol, an item of inspection is understood to mean:
(a) for baseline
data inspections, data update inspections, new facility inspections, close-out
inspections, and formerly declared facility
inspections at facilities other than air bases for
heavy bombers, air bases for former heavy bombers,
training facilities for heavy bombers, and storage
facilities for heavy bombers or former heavy bombers: an ICBM or SLBM, a
first stage of an ICBM or SLBM maintained, stored,
and transported in stages, a first stage of an
ICBM for mobile launchers of ICBMs, a solid rocket
motor for a first stage of an ICBM for mobile launchers
of ICBMs,, a mobile launcher of ICBMs, or support
equipment of the inspected Party;
(b) for baseline
data inspections, data update inspections,
new facility inspections,
and close-out inspections at
air bases for heavy
bombers, air bases for former heavy bombers, training
facilities for heavy bombers, and storage
facilities for heavy bombers or former heavy bombers: a heavy
bomber or a former heavy bomber of the
inspected Party;
(c) for baseline
data inspections, data update inspections,
and new facility inspections at
weapons storage areas that are subject to inspection at air
bases for heavy bombers, air bases for
former heavy bombers, and training
facilities for heavy bombers: the smallest long-range nuclear ALCM
of the inspected Party;
(d) for suspect-site
inspections: an ICBM for mobile launchers
of ICBMs, a first stage of an ICBM
for mobile launchers of ICBMs, or a solid rocket
motor for a first stage of an ICBM for mobile launchers of ICBMs of the
inspected Party; and
(e) for post-dispersal
inspections of deployed mobile
launchers of ICBMs and their associated missiles: a mobile
launcher of ICBMs and its associated missile of the inspected
Party attributed to the inspection
site or, for such an inspection at a maintenance
facility, a mobile launcher
of ICBMs of the inspected Party
attributed to the inspection site .
21. For the purposes
of this Protocol, an item of continuous monitoring is understood to mean an
ICBM for mobile launchers of ICBMs or
a first stage of such an ICBM, if such an ICBM is maintained, stored, and transported
in stages.
22. For the purposes
of this Protocol, for each structure, container, launch
canister, covered or environmentally protected object, vehicle, or object,
the expression "large enough to contain" or "large enough to
be" an item of inspection or item of continuous monitoring is understood
to mean that each of the measured linear dimensions, that is, length, width,
height, and diameter, of such structure, container, launch
canister, covered or environmentally protected object, vehicle, or other
object is determined to be 97 percent or more of the corresponding linear dimensions
specified for that item.
23. For each Party,
the size criteria used in inspections shall
be determined on the basis of the diameters and lengths of all the reference
cylinders for the items of inspection of that Party, except that, for items
of the Union of Soviet Socialist Republics existing as of Treaty signature,
such size criteria shall be determined on the basis of the diameter and length
of the reference cylinder for the SS-25 ICBM. The specific size criteria for
inspections are provided in paragraphs
1 and 2 of Annex 12 to this Protocol. The lengths and diameters of the reference
cylinders shall be: [Agreed State 38]
(a) for baseline
data inspections, baseline data inspections,
close-out inspections, and formerly
declared facility inspections at facilities other than air
bases for heavy bombers, air bases for former heavy bombers, training
facilities for heavy bombers, and storage
facilities for heavy bombers or former heavy bombers:
(i) for
ICBMs for mobile launchers of ICBMs:
the diameter of the first stage of an ICBM
of each type of ICBM for mobile launchers of ICBMs and the agreed
percentage of the length of that stage;
(ii) for ICBMs
and SLBMs that are maintained, stored, and transported in stages: the diameter
of the first stage of an ICBM or SLBM
of each type and 90 percent of the length of that stage, except for such ICBMs
for mobile launchers of ICBMs; and
(iii) for ICBMs
that are maintained, stored, and transported as assembled missiles in launch
canisters or without launch canisters, and for SLBMs that are maintained,
stored, and transported as assembled missiles: the diameter and length of
an ICBM or SLBM of each type in the shipment configuration that is the
shortest configuration specified that holds an assembled ICBM or SLBM
of that type without the front section, except for such ICBMs for mobile launchers
of ICBMs. (Corrigenda, 19 December 91,
Section II)
(b) for suspect-site
inspections: the diameter of the first
stage of an ICBM of each type of ICBMs
for mobile launchers of ICBMs and the agreed percentage of the length of
that stage.
24. For each Party,
the size criteria used in continuous
monitoring shall be determined on the basis of the diameters and lengths of
all the reference cylinders for
the items of continuous monitoring of that Party, except that, for ICBMs
for mobile launchers of ICBMs of the Union of Soviet Socialist Republics
existing as of Treaty signature, such size criteria shall be determined on the
basis of the diameter and length of the reference
cylinder for the SS-25 ICBM. These criteria shall be used at the portals
of all monitored facilities of the inspected
Party. The specific size criteria for continuous monitoring are provided
in paragraph 3 of Annex 12 to this Protocol.
The lengths and diameters of the reference cylinders shall be determined as
follows:
(a) for ICBMs for
mobile launchers of ICBMs that are maintained, stored, and transported as
assembled missiles in launch canisters:
90 percent of the diameter and 90 percent of the length of the launch canister
for an ICBM for mobile launchers of ICBMs in the shipment configuration that
is the shortest configuration specified that holds an assembled ICBM of that
type without the front section;
(b) for
ICBMs for mobile launchers of ICBMs
that are maintained, stored, and transported in stages: the diameter and
length of the first stage of an ICBM of
that type; and
(c) for ICBMs for
mobile launchers of ICBMs that are maintained, stored, and transported as
assembled missiles without launch canisters:
as agreed within the framework of the Joint Compliance
and Inspection Commission.
25. The size
criteria for inspection of containers or vehicles at a monitored
facility producing ICBMs for mobile launchers
of ICBMs of a type of ICBM to which more than one warhead is attributed,
conducted pursuant to paragraph 15 of Annex
5 to this Protocol, shall be determined using a
reference cylinder whose diameter is 97 percent of the diameter of the
first stage and whose length is 97 percent of the distance from the lower
edge of the nozzle to the upper point of the forward end dome of the motor case
of the first stage of an ICBM of that type.
26. If the inspection
team or monitoring team is unable
to carry out a procedure chosen by the inspected
Party in accordance with the provisions of this Protocol to confirm that
a covered or environmentally protected object, container, launch
canister, vehicle, structure, or other object is or is not an item
of inspection or an item of continuous
monitoring either because such a team has not brought to the inspection
site or perimeter continuous
monitoring area agreed equipment to carry out that procedure or if, through
no fault of the inspected Party, equipment
brought by the inspecting Party for
that procedure cannot function, the inspected
Party shall have the right to decline to choose another procedure for such
demonstration.
27. During an inspection
or during continuous monitoring
activities, inspectors or monitors
shall have the right to request clarification. Such requests shall be made promptly
through the in-country escort. The
in-country escort shall provide clarifications that may be useful in resolving
questions and ambiguities. In the event questions and ambiguities relating to
an object or building located within the inspecti | 