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: 
    (a) the point of entry to be changed, if applicable; and 

    (b) the new point of entry. 

24. Notification containing data concerning the flight plan of an inspection airplane shall be provided no less than six hours prior to the scheduled departure time of such an airplane from the last airfield prior to entering the airspace of the inspected Party. 

25. Notification of the approval of the flight plan of an inspection airplane filed in accordance with paragraph 24 of this Section shall be provided by the inspected Party no less than three hours prior to the scheduled time for departure of such an airplane from the last airfield prior to entering the airspace of the inspected Party. 

26. Notification of an intention to conduct the cargo examination at a location other than the facility subject to continuous monitoring or monitored facility shall be provided by the inspected Party no less than 120 hours in advance of the estimated time of arrival of an inspection airplane used in accordance with paragraph 4 of Section IV of this Protocol. (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. 

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