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TREATY ON OPEN SKIES


Article IX

SENSOR OUTPUT FROM OBSERVATION FLIGHTS

SECTION I. GENERAL PROVISIONS

1. For the purposes of recording data collected by sensors during observation flights, the following recording media shall be used:

  1. in the case of optical panoramic and framing cameras, black and white photographic film;

  2. in the case of video cameras, magnetic tape;

  3. in the case of infra-red line-scanning devices, black and white photographic film or magnetic tape; and

  4. in the case of sideways-looking synthetic aperture radar, magnetic tape.

The agreed format in which such data is to be recorded and exchanged on other recording media shall be decided within the Open Skies Consultative Commission during the period of provisional application of this Treaty.

2. Data collected by sensors during observation flights shall remain on board the observation aircraft until completion of the observation flight. The transmission of data collected by sensors from the observation aircraft during the observation flight is prohibited.

3. Each roll of photographic film and cassette or reel of magnetic tape used to collect data by a sensor during an observation flight shall be placed in a container and sealed in the presence of the States Parties as soon as is practicable after it has been removed from the sensor.

4. Data collected by sensors during observation flights shall be made available to States Parties in accordance with the provisions of this Article and shall be used exclusively for the attainment of the purposes of this Treaty.

5. In the event that, on the basis of data provided pursuant to Annex B, Section I to this Treaty, a data recording medium to be used by a State Party during an observation flight is incompatible with the equipment of another State Party for handling that data recording medium, the States Parties involved shall establish procedures to ensure that all data collected during observation flights can be handled, in terms of processing, duplication and storage, by them.

SECTION II. OUTPUT FROM SENSORS THAT USE PHOTOGRAPHIC FILM

1. In the event that output from duplicate optical cameras is to be exchanged, the cameras, film and film processing shall be of an identical type.

2. Provided that the data collected by a single optical camera is subject to exchange, the States Parties shall consider, within the Open Skies Consultative Commission during the period of provisional application of this Treaty, the issue of whether the responsibility for the development of the original film negative shall be borne by the observing Party or by the State Party providing the observation aircraft. The State Party developing the original film negative shall be responsible for the quality of processing the original negative film and producing the duplicate positive or negative. In the event that States Parties agree that the film used during the observation flight conducted on an observation aircraft provided by the observed Party shall be processed by the observing Party, the observed Party shall bear no responsibility for the quality of the processing of the original negative film.

3. All the film used during the observation flight shall be developed:

  1. in the event that the original film negative is developed at a film processing facility arranged for by the observed Party, no later than three days, unless otherwise agreed, after the arrival of the observation aircraft at the point of exit; or

  2. in the event that the original film negative is developed at a film processing facility arranged for by the observing Party, no later than ten days after the departure of the observation aircraft from the territory of the observed Party.

4. The State Party that is developing the original film negative shall be obliged to accept at the film processing facility up to two officials from the other State Party to monitor the unsealing of the film cassette or container and each step in the storage, processing, duplication and handling of the original film negative, in accordance with the provisions of Annex K, Section II to this Treaty. The State Party monitoring the film processing and duplication shall have the right to designate such officials from among its nationals present on the territory on which the film processing facility arranged for by the other State Party is located, provided that such individuals are on the list of designated personnel in accordance with Article XIII, Section I of this Treaty. The State Party developing the film shall assist the officials of the other State Party in their functions provided for in this paragraph to the maximum extent possible.

5. Upon completion of an observation flight, the State Party that is to develop the original film negative shall attach a 21-step sensitometric test strip of the same film type used during the observation flight or shall expose a 21-step optical wedge onto the leader or trailer of each roll of original film negative used during the observation flight. After the original film negative has been processed and duplicate film negative or positive has been produced, the States Parties shall assess the image quality of the 21-step sensitometric test strips or images of the 21-step optical wedge against the characteristics provided for that type of original film negative or duplicate film negative or positive in accordance with the provisions of Annex K, Section I to this Treaty.

6. In the event that only one original film negative is developed:

  1. the observing Party shall have the right to retain or receive the original film negative; and

  2. the observed Party shall have the right to select and receive a complete first generation duplicate or part thereof, either positive or negative, of the original film negative. Unless otherwise agreed, such duplicate shall be:

  1. of the same format and film size as the original film negative;

  2. produced immediately after development of the original film negative; and

  3. provided to the officials of the observed Party immediately after the duplicate has been produced.

7. In the event that two original film negatives are developed:

  1. if the observation aircraft is provided by the observing Party, the observed Party shall have the right, at the completion of the observation flight, to select either of the two original film negatives, and the original film negative not selected shall be retained by the observing Party; or

  2. if the observation aircraft is provided by the observed Party, the observing Party shall have the right to select either of the original film negatives, and the original film negative not selected shall be retained by the observed Party.

SECTION III. OUTPUT FROM SENSORS THAT USE OTHER RECORDING MEDIA

1. The State Party that provides the observation aircraft shall record at least one original set of data collected by sensors using other recording media.

2. In the event that only one original set is made:

  1. if the observation aircraft is provided by the observing Party, the observing Party shall have the right to retain the original set and the observed Party shall have the right to receive a first generation duplicate copy; or

  2. if the observation aircraft is provided by the observed Party, the observing Party shall have the right to receive the original set and the observed Party shall have the right to receive a first generation duplicate copy.

3. In the event that two original sets are made:

  1. if the observation aircraft is provided by the observing Party, the observed Party shall have the right, at the completion of the observation flight, to select either of the two sets of recording media, and the set not selected shall be retained by the observing Party; or

  2. if the observation aircraft is provided by the observed Party, the observing Party shall have the right to elect either of the two sets of recording media, and the set not selected shall be retained by the observed Party.

4. In the event that the observation aircraft is provided by the observing Party, the observed Party shall have the right to receive the data collected by a sideways-looking synthetic aperture radar in the form of either initial phase information or a radar image, at its choice.

5. In the event that the observation aircraft is provided by the observed Party, the observing Party shall have the right to receive the data collected by a sideways-looking synthetic aperture radar in the form of either initial phase information or a radar image, at its choice.

SECTION IV. ACCESS TO SENSOR OUTPUT

Each State Party shall have the right to request and receive from the observing Party copies of data collected by sensors during an observation flight. Such copies shall be in the form of first generation duplicates produced from the original data collected by sensors during an observation flight. The State Party requesting copies shall also notify the observed Party. A request for duplicates of data shall include the following information:

  1. the observing Party;

  2. the observed Party;

  3. the date of the observation flight;

  4. the sensor by which the data was collected;

  5. the portion or portions of the observation period during which the data was collected; and

  6. the type and format of duplicate recording medium, either negative or positive film, or magnetic tape.