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 list 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 inspector, 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;
(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 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 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 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) whether the replacement shall be at the facility subject
to continuous monitoring or monitored facility, or 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 air-crew 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, 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:
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. (1 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. (2 JCIC
Agreement No. 8, Article 1, Paragraph 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. (3 JCIC Agreement No. 19, Article 3, Paragraph 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.
(4 JCIC Agreement No. 19, Article 3, Paragraph 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. 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. (5 JCIC Agreement No. 14, Article 1, Paragraph 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 airports associated with facilities subject to continuous monitoring
or monitored facilities. For airplanes making flights into airports 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 plane 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 airplanes 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 inspecting Party shall have the right to use airplanes
making regularly scheduled commercial flights to transport inspectors and
monitors to those points 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 points 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:
(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. (6 JCIC Agreement No. 14,
Article 1, Paragraph 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 airplane 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
airplane 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. (7 JCIC Agreement No. 4, Article 1.)
V. Activities Beginning Upon Arrival
at the Point of Entry
1. Inspection teams, monitors, and air-crew 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 air-plane; 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. (8 JCIC Agreement No. 23, Article 1, Paragraph 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. (9 JCIC Agreement No. 23, Article
1, Paragraph 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, D.C., 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 teams or monitors. (10
JCIC Agreement No. 23, Article 1, Paragraph 3.)
5. An inspector or monitor shall be considered to have
assumed the duties of an inspector 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 airplanes 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 inspection team 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
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 inspection team for the inspection
site, a member of the in-country escort has informed the inspection team
leader that there are no deployed ICBMs or SLBMs in all of the restricted
areas of the ICBM base for mobile launchers of ICBMs 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 para-graph 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
inspection team to the inspection site. In such a case, the inspection
team 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, work space,
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
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 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 inspected 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 inspecting 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 inspection team 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 inspection team,
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 points 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 non-contiguous part of the facility to another non-contiguous
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 in accordance with subparagraph (a) of this paragraph,
or if the 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 activities,
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 inspector
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:
(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:
(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 ICBM 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 inspection site or perimeter
continuous monitoring area are not resolved, the inspected Party shall
photograph such object or building at the request of the inspecting Party.
If questions or ambiguities remain at the end of the inspection, or for
continuous monitoring activities, at the end of the period covered by the
report provided for in paragraph 2 of Section XVIII of this Protocol, relevant
clarifications shall be included in the inspection report or continuous
monitoring report, and each photograph retained by the Party shall be considered
to be an integral part of the report.
28. An inspection team conducting an inspection pursuant
to paragraph 2, 3, 4, 5, 6, 7, 9, or 10 of Article XI of the Treaty shall
include no more than 10 inspectors. An inspection team conducting an inspection
pursuant to paragraph 11, 12, or 13 of Article XI of the Treaty during
the 165-day period after entry into force of the Treaty, shall include
no more than 15 inspectors. After expiration of that period, such an inspection
team shall include no more than 10 inspectors. An inspection team conducting
an inspection pursuant to paragraph 8 of Article XI of the Treaty shall
include no more than 20 inspectors. A monitoring team shall include no
more than 30 monitors, except that the inspecting Party shall have the
right to exceed that number of monitors at each facility subject to continuous
monitoring or monitored facility by:
(a) no more than 15 monitors for the engineering site
survey and establishment of a perimeter and portal continuous monitoring
system for no more than an aggregate of 90 days, unless the Parties agree
otherwise;
(b) no more than five monitors for the maintenance of
the perimeter and portal continuous monitoring system for a period of no
more than seven days for each visit by monitors for such purpose and for
no more than an aggregate of 84 days each year for each monitored facility,
after the perimeter and portal continuous monitoring system is established,
unless the Parties agree otherwise; and
(c) no more than 10 monitors for a period of no more than
five days during the replacement of monitors in accordance with paragraph
39 of this Section.
At least two inspectors or monitors on each inspection team
or monitoring team must speak the language of the inspected Party. An inspection
team or monitoring team shall operate under the direction of the team leader
and deputy team leader. There shall be no more than one inspection team
or monitoring team at each inspection site or at each perimeter continuous
monitoring area, respectively, at any one time. Upon arrival at the inspection
site, the inspection team leader shall have the right to indicate subgroups
consisting of no fewer than two inspectors each.
29. Pre-inspection procedures, including safety briefings
and the provision of information relating to the conduct of the inspection
and the inspection site, shall begin upon arrival of the inspection team
or monitors at the inspection site or perimeter continuous monitoring area
and shall be completed within one hour. The inspection team shall begin
the inspection immediately upon completion of the pre-inspection procedures.
30. Prior to the completion of the pre-inspection procedures,
the inspection team leader may designate not less than one subgroup from
among the members of the inspection team to inspect vehicles leaving the
inspection site in such a way that, in accordance with paragraph 6 of this
Section, the operation of the facility is not hampered or delayed. If a
subgroup of the inspection team is not designated, vehicles shall be free
to depart the facility.
31. For an inspection conducted pursuant to paragraph
2, 3, 4, 5, 7, 9, 10, 11, 12, or 13 of Article XI of the Treaty, the period
of inspection shall not exceed 24 hours. By agreement with the in-country
escort, the period of inspection may be extended by no more than eight
hours, except that in case of an inspection conducted pursuant to paragraph
2, 4, 11, 12, or 13 of Article XI of the Treaty, the period of inspection
shall be extended for the time necessary to complete the inspection. Such
an extension, with respect to baseline data inspections and new facility
inspections of ICBM bases for road-mobile launchers of ICBMs shall be determined,
as agreed by the Parties in each specific case, taking into account the
time required to complete the inspection of all restricted areas and the
maintenance facility of the designated base after the return of all road-mobile
launchers of ICBMs to the restricted areas. For an inspection conducted
pursuant to paragraph 6 of Article XI of the Treaty, the period of inspection
shall terminate upon completion of the inspection procedures, and as provided
for in paragraph 16 of Annex 3 to this Protocol upon the arrival of the
inspection team at the location designated by the inspected Party for conducting
post-inspection procedures.
32. Post-inspection procedures, which include completing
the inspection report in accordance with the provisions of Section XVIII
of this Protocol, shall begin, when the period of inspection expires, at
the location designated by the inspected Party and shall be completed no
later than four hours after the arrival of the inspection team at that
location, or no later than three hours after the arrival of all subgroups
of the inspection team at that location, whichever is later.
33. For the purposes of this Protocol, a sequential inspection
is understood to mean an inspection conducted by an inspection team after
the completion of an inspection and prior to the departure of the team
from the territory of the inspected Party. Sequential inspections shall
be conducted only at facilities associated with the same point of entry
by an inspection team that has not left the territory of the inspected
Party.
34. For an inspection conducted pursuant to paragraph
2, 3, 4, 5, or 7 of Article XI of the Treaty, prior to an inspection of
a structure within the inspection site, inspectors may be present at the
exits of the structure whose entrances and exits are large enough to permit
passage of an item of inspection. During an inspection of such a structure,
no object, container, or vehicle shall leave the structure until inspected
or until an inspector declares that he or she has no intention to inspect
it.
35. For an inspection conducted pursuant to paragraph
2, 3, 4, 5, or 7 of Article XI of the Treaty, inspectors shall have the
right during the period of inspection to patrol the perimeter of the inspection
site and to be present at the exits of the site. No vehicle shall leave
the inspection site during the period of inspection until inspected or
until an inspector declares that he or she does not intend to inspect it.
36. If the inspection team intends to conduct a sequential
inspection pursuant to paragraph 2, 3, 4, 5, 6, 7, or 10 of Article XI
of the Treaty, the inspection team leader, prior to completion of the pre-inspection
procedures, shall provide a notification in accordance with paragraph 7
of Section III of this Protocol, and then, prior to completion of post-inspection
procedures or no later than one hour after the return of the inspection
team to the point of entry, shall provide a notification in accordance
with paragraph 8 of Section III of this Protocol. No facility may be designated
for inspection more than one time by each inspection team.
37. If the inspection team intends to conduct a sequential
inspection pursuant to paragraph 8, 9, 11, 12, or 13 of Article XI of the
Treaty, the inspection team leader, prior to completion of the post-inspection
procedures but no less than 24 hours before the planned commencement of
the sequential inspection, shall provide a notification in accordance with
paragraph 7 of Section III of this Protocol. Arrangements for rest and
the timing of the departure of the inspection team and of its arrival at
the next inspection site shall be as agreed by the Parties.
38. If the inspection team does not intend to conduct
another inspection, upon completion of the post-inspection procedures the
inspection team shall return to the point of entry and then shall leave,
within 24 hours, the territory of the inspected Party.
39. The inspecting Party shall have the right to replace
monitors, subject to the provisions of paragraph 28 of this Section:
(a) directly at a facility subject to continuous monitoring
or monitored facility or at the airport associated with such facility no
more than 34 times each year, provided that the replacement of monitors
directly at the facility subject to continuous monitoring or monitored
facility may be conducted no more than once in each three-week period;
and
(b) directly at a facility subject to continuous monitoring
or monitored facility or at the airport associated with such facility when
an inspection airplane used in accordance with paragraph 4 of Section IV
of this Protocol arrives at such an airport.
One replacement of monitors counted against the limits provided
for in this paragraph is understood to mean one arrival of monitors on
the territory of the inspected Party in accordance with the notification
provided for in paragraph 14 of Section III of this Protocol. The number
of departures of such monitors from the territory of the inspected Party
shall not exceed 34 in each year.
40. Monitors for the purpose of maintaining
the perimeter and portal continuous monitoring system at a facility
subject to continuous monitoring or monitored facility shall arrive
on the territory of the inspected Party subject to the limits provided
for in paragraph 39 of this Section and subject to the provisions of
paragraph 28 of this Section. Such monitors may arrive together with
or separately from replacement monitors.
BITS
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