Treaty Between the
The
Conscious
that nuclear war would have devastating consequences for all mankind,
Guided
by the objective of strengthening strategic stability,
Convinced
that the measures set forth in this Treaty will help to reduce the risk of
outbreak of war and strengthen international peace and security, and
Mindful
of their obligations under Article VI of the Treaty on the Non-Proliferation of
Nuclear Weapons,
Have
agreed as follows:
article i
In
accordance with the provisions of this Treaty which includes the Memorandum of
Understanding and Protocols which form an integral part thereof, each Party
shall eliminate its intermediate-range and shorter-range missiles, not have
such systems thereafter, and carry out the other obligations set forth in this
Treaty.
article ii
For
the purposes of this Treaty:
1.
The term ``ballistic missile'' means a missile that has a ballistic trajectory
over most of its flight path. The term ``ground-launched ballistic missile
(GLBM)'' means a ground-launched ballistic missile that is a weapon-delivery
vehicle.
2.
The term ``cruise missile'' means an unmanned, self-propelled vehicle that
sustains flight through the use of aerodynamic lift over most of its flight
path. The term ``ground-launched cruise missile (GLCM)'' means a
ground-launched cruise missile that is a weapon-delivery vehicle.
3.
The term ``GLBM launcher'' means a fixed launcher or a mobile land-based
transporter-erector-launcher mechanism for launching a GLBM.
4.
The term ``GLCM launcher'' means a fixed launcher or a mobile land-based
transporter-erector-launcher mechanism for launching a GLCM.
5.
The term ``intermediate-range missile'' means a GLBM or a GLCM having a range
capability in excess of 1000 kilometers but not in excess of 5500 kilometers.
6.
The term ``shorter-range missile'' means a GLBM or a GLCM having a range
capability equal to or in excess of 500 kilometers but not in excess of 1000
kilometers.
7.
The term ``deployment area'' means a designated area within which
intermediate-range missiles and launchers of such missiles may operate and
within which one or more missile operating bases are located.
8.
The term ``missile operating base'' means:
(a)
in the case of intermediate-range missiles, a complex of facilities, located
within a deployment area, at which intermediate-range missiles and launchers of
such missiles normally operate, in which support structures associated with
such missiles and launchers are also located and in which support equipment
associated with such missiles and launchers is normally located; and
(b)
in the case of shorter-range missiles, a complex of
facilities, located any place, at which shorter-range missiles and launchers of
such missiles normally operate and in which support equipment associated with
such missiles and launchers is normally located.
9.
The term ``missile support facility,'' as regards intermediate-range or
shorter-range missiles and launchers of such missiles, means a missile
production facility or a launcher production facility, a missile repair
facility or a launcher repair facility, a training facility, a missile storage
facility or a launcher storage facility, a test range, or an elimination
facility as those terms are defined in the Memorandum of Understanding.
10.
The term ``transit'' means movement, notified in accordance with paragraph 5(f)
of Article IX of this Treaty, of an intermediate-range missile or a launcher of
such a missile between missile support facilities, between such a facility and
a deployment area or between deployment areas, or of a shorter-range missile or
a launcher of such a missile from a missile support facility or a missile
operating base to an elimination facility.
11.
The term ``deployed missile'' means an intermediate-range missile located
within a deployment area or a shorter-range missile located at a missile
operating base.
12.
The term ``non-deployed missile'' means an intermediate-range missile located
outside a deployment area or a shorter-range missile located outside a missile
operating base.
13.
The term ``deployed launcher'' means a launcher of an intermediate-range
missile located within a deployment area or a launcher of a shorter-range
missile located at a missile operating base.
14.
The term ``non-deployed launcher'' means a launcher of an intermediate-range
missile located outside a deployment area or a launcher of a shorter-range
missile located outside a missile operating base.
15.
The term ``basing country'' means a country other than the United States of
America or the Union of Soviet Socialist Republics on whose territory
intermediate-range or shorter-range missiles of the Parties, launchers of such
missiles or support structures associated with such missiles and launchers were
located at any time after November 1, 1987. Missiles or launchers in transit
are not considered to be ``located.''
article iii
1.
For the purposes of this Treaty, existing types of intermediate-range missiles
are:
(a)
for the United States of America, missiles of the types designated by the
United States of America as the Pershing II and the BGM - 109G, which are known
to the Union of Soviet Socialist Republics by the same designations; and
(b)
for the Union of Soviet Socialist Republics, missiles of the types designated
by the Union of Soviet Socialist Republics as the RSD - 10, the R - 12 and the
R - 14, which are known to the United States of America as the SS - 20, the SS
- 4 and the SS - 5, respectively.
2.
For the purposes of this Treaty, existing types of shorter-range missiles are:
(a)
for the United States of America, missiles of the type designated by the United
States of America as the Pershing IA, which is known to the Union of Soviet
Socialist Republics by the same designation; and
(b)
for the Union of Soviet Socialist Republics, missiles of the types designated
by the Union of Soviet Socialist Republics as the OTR - 22 and the OTR - 23,
which are known to the United States of America as the SS - 12 and the SS - 23,
respectively.
article iv
1.
Each Party shall eliminate all its intermediate-range missiles and launchers of
such missiles, and all support structures and support equipment of the categories
listed in the Memorandum of Understanding associated with such missiles and
launchers, so that no later than three years after entry into force of this
Treaty and thereafter no such missiles, launchers, support structures or
support equipment shall be possessed by either Party.
2.
To implement paragraph 1 of this Article, upon entry into force of this Treaty,
both Parties shall begin and continue throughout the duration of each phase,
the reduction of all types of their deployed and non-deployed intermediate-range
missiles and deployed and non-deployed launchers of such missiles and support
structures and support equipment associated with such missiles and launchers in
accordance with the provisions of this Treaty. These reductions shall be implemented
in two phases so that:
(a)
by the end of the first phase, that is, no later than
29 months after entry into force of this Treaty:
(i) the number of deployed launchers of intermediate-range
missiles for each Party shall not exceed the number of launchers that are
capable of carrying or containing at one time missiles considered by the
Parties to carry 171 warheads;
(ii)
the number of deployed intermediate-range missiles for
each Party shall not exceed the number of such missiles considered by the
Parties to carry 180 warheads;
(iii)
the aggregate number of deployed and non-deployed launchers of
intermediate-range missiles for each Party shall not exceed the number of
launchers that are capable of carrying or containing at one time missiles considered
by the Parties to carry 200 warheads;
(iv)
the aggregate number of deployed and non-deployed
intermediate-range missiles for each Party shall not exceed the number of such
missiles considered by the Parties to carry 200 warheads; and
(v)
the ratio of the aggregate number of deployed and non-deployed
intermediate-range GLBMs of existing types for each
Party to the aggregate number of deployed and non-deployed intermediate-range
missiles of existing types possessed by that Party shall not exceed the ratio
of such intermediate-range GLBMs to such
intermediate-range missiles for that Party as of November 1, 1987, as set forth
in the Memorandum of Understanding; and
(b)
by the end of the second phase, that is, no later than
three years after entry into force of this Treaty, all intermediate-range
missiles of each Party, launchers of such missiles and all support structures
and support equipment of the categories listed in the Memorandum of
Understanding associated with such missiles and launchers, shall be eliminated.
article v
1.
Each Party shall eliminate all its shorter-range missiles and launchers of such
missiles, and all support equipment of the categories listed in the Memorandum
of Understanding associated with such missiles and launchers, so that no later
than 18 months after entry into force of this Treaty and thereafter no such
missiles, launchers or support equipment shall be possessed by either Party.
2.
No later than 90 days after entry into force of this Treaty, each Party shall
complete the removal of all its deployed shorter-range missiles and deployed
and non-deployed launchers of such missiles to elimination facilities and shall
retain them at those locations until they are eliminated in accordance with the
procedures set forth in the Protocol on Elimination. No later than 12 months
after entry into force of this Treaty, each Party shall complete the removal of
all its non-deployed shorter-range missiles to elimination facilities and shall
retain them at those locations until they are eliminated in accordance with the
procedures set forth in the Protocol on Elimination.
3.
Shorter-range missiles and launchers of such missiles shall not be located at
the same elimination facility. Such facilities shall be separated by no less
than 1000 kilometers.
article vi
1.
Upon entry into force of this Treaty and thereafter, neither Party shall:
(a)
produce or flight-test any intermediate-range missiles
or produce any stages of such missiles or any launchers of such missiles; or
(b)
produce, flight-test or launch any shorter-range
missiles or produce any stages of such missiles or any launchers of such
missiles.
2.
Notwithstanding paragraph 1 of this Article, each Party shall have the right to
produce a type of GLBM not limited by this Treaty which uses a stage which is
outwardly similar to, but not interchangeable with, a stage of an existing type
of intermediate-range GLBM having more than one stage, providing that that
Party does not produce any other stage which is outwardly similar to, but not
interchangeable with, any other stage of an existing type of intermediate-range
GLBM.
article vii
For
the purposes of this Treaty:
1.
If a ballistic missile or a cruise missile has been flight-tested or deployed
for weapon delivery, all missiles of that type shall be considered to be
weapon-delivery vehicles.
2.
If a GLBM or GLCM is an intermediate-range missile, all GLBMs
or GLCMs of that type shall be considered to be
intermediate-range missiles. If a GLBM or GLCM is a shorter-range missile, all GLBMs or GLCMs of that type shall
be considered to be shorter-range missiles.
3.
If a GLBM is of a type developed and tested solely to intercept and counter
objects not located on the surface of the earth, it shall not be considered to
be a missile to which the limitations of this Treaty apply.
4.
The range capability of a GLBM not listed in Article III of this Treaty shall
be considered to be the maximum range to which it has been tested. The range
capability of a GLCM not listed in Article III of this Treaty shall be
considered to be the maximum distance which can be covered by the missile in
its standard design mode flying until fuel exhaustion, determined by projecting
its flight path onto the earth's sphere from the point of launch to the point
of impact. GLBMs or GLCMs
that have a range capability equal to or in excess of 500 kilometers but not in
excess of 1000 kilometers shall be considered to be shorter-range missiles. GLBMs or GLCMs that have a range
capability in excess of 1000 kilometers but not in excess of 500 kilometers
shall be considered to be intermediate-range missiles.
5.
The maximum number of warheads an existing type of intermediate-range missile
or shorter-range missile carries shall be considered to be the number listed
for missiles of that type in the Memorandum of Understanding.
6.
Each GLBM or GLCM shall be considered to carry the maximum number of warheads
listed for a GLBM or GLCM of that type in the Memorandum of Understanding.
7.
If a launcher has been tested for launching a GLBM or a GLCM, all launchers of
that type shall be considered to have been tested for launching GLBMs or GLCMs.
8.
If a launcher has contained or launched a particular type of GLBM or GLCM, all
launchers of that type shall be considered to be launchers of that type of GLBM
or GLCM.
9.
The number of missiles each launcher of an existing type of intermediate-range
missile or shorter-range missile shall be considered to be capable of carrying
or containing at one time is the number listed for launchers of missiles of
that type in the Memorandum of Understanding.
10.
Except in the case of elimination in accordance with the procedures set forth
in the Protocol on Elimination, the following shall apply:
(a)
for GLBMs which are stored
or moved in separate stages, the longest stage of an intermediate-range or
shorter-range GLBM shall be counted as a complete missile;
(b)
for GLBMs which are not stored or moved in separate
stages, a canister of the type used in the launch of an intermediate-range
GLBM, unless a Party proves to the satisfaction of the other Party that it does
not contain such a missile, or an assembled intermediate-range or shorter-range
GLBM, shall be counted as a complete missile; and
(c)
for GLCMs, the airframe of
an intermediate-range or shorter-range GLCM shall be counted as a complete
missile.
11.
A ballistic missile which is not a missile to be used in a ground-based mode
shall not be considered to be a GLBM if it is test-launched at a test site from
a fixed land-based launcher which is used solely for test purposes and which is
distinguishable from GLBM launchers. A cruise missile which is not a missile to
be used in a ground-based mode shall not be considered to be a GLCM if it is test-launched
at a test site from a fixed land-based launcher which is used solely for test
purposes and which is distinguishable from GLCM launchers.
12.
Each Party shall have the right to produce and use for booster systems, which
might otherwise be considered to be intermediate-range or shorter-range
missiles, only existing types of booster stages for such booster systems.
Launches of such booster systems shall not be considered to be flight-testing
of intermediate-range or shorter-range missiles provided that:
(a)
stages used in such booster systems are different from
stages used in those missiles listed as existing types of intermediate-range or
shorter-range missiles in Article III of this Treaty;
(b)
such booster systems are used only for research and
development purposes to test objects other than the booster systems themselves;
(c)
the aggregate number of launchers for such booster
systems shall not exceed 35 for each Party at any one time; and
(d)
the launchers for such booster systems are fixed,
emplaced above ground and located only at research and development launch sites
which are specified in the Memorandum of Understanding.
Research
and development launch sites shall not be subject to inspection pursuant to
Article XI of this Treaty.
article viii
1.
All intermediate-range missiles and launchers of such missiles shall be located
in deployment areas, at missile support facilities or shall be in transit.
Intermediate-range missiles or launchers of such missiles shall not be located
elsewhere.
2.
Stages of intermediate-range missiles shall be located in deployment areas, at
missile support facilities or moving between deployment areas, between missile
support facilities or between missile support facilities and deployment areas.
3.
Until their removal to elimination facilities as required by paragraph 2 of
Article V of this Treaty, all shorter-range missiles and launchers of such
missiles shall be located at missile operating bases, at missile support
facilities or shall be in transit. Shorter-range missiles or launchers of such
missiles shall not be located elsewhere.
4.
Transit of a missile or launcher subject to the provisions of this Treaty shall
be completed within 25 days.
5.
All deployment areas, missile operating bases and missile support facilities
are specified in the Memorandum of Understanding or in subsequent updates of
data pursuant to paragraphs 3, 5(a) or 5(b) of Article IX of this Treaty.
Neither Party shall increase the number of, or change the location or
boundaries of, deployment areas, missile operating bases or missile support
facilities, except for elimination facilities, from those set forth in the
Memorandum of Understanding. A missile support facility shall not be considered
to be part of a deployment area even though it may be located within the
geographic boundaries of a deployment area.
6.
Beginning 30 days after entry into force of this Treaty, neither Party shall
locate intermediate-range or shorter-range missiles, including stages of such missiles,
or launchers of such missiles at missile production facilities, launcher
production facilities or test ranges listed in the Memorandum of Understanding.
7.
Neither Party shall locate any intermediate-range or shorter-range missiles at
training facilities.
8.
A non-deployed intermediate-range or shorter-range missile shall not be carried
on or contained within a launcher of such a type of missile, except as required
for maintenance conducted at repair facilities or for elimination by means of
launching conducted at elimination facilities.
9.
Training missiles and training launchers for intermediate-range or
shorter-range missiles shall be subject to the same locational
restrictions as are set forth for intermediate-range and shorter-range missiles
and launchers of such missiles in paragraph 1 and 3 of this Article.
article ix
1.
The Memorandum of Understanding contains categories of data relevant to
obligations undertaken with regard to this Treaty and lists all
intermediate-range and shorter-range missiles, launchers of such missiles, and
support structures and support equipment associated with such missiles and
launchers, possessed by the Parties as of November 1, 1987. Updates of that
data and notifications required by this Article shall be provided according to
the categories of data contained in the Memorandum of Understanding.
2.
The Parties shall update that data and provide the notifications required by
this Treaty through the Nuclear Risk Reduction Centers, established pursuant to
the Agreement Between the United States of America and
the
3.
No later than 30 days after entry into force of this Treaty, each Party shall
provide the other Party with updated data, as of the date of entry into force
of this Treaty, for all categories of data contained in the Memorandum of
Understanding.
4.
No later than 30 days after the end of each six-month interval following the
entry into force of this Treaty, each Party shall provide updated data for all
categories of data contained in the Memorandum of Understanding by informing
the other Party of all changes, completed and in process, in that data, which
have occurred during the six-month interval since the preceding data exchange,
and the net effect of those changes.
5.
Upon entry into force of this Treaty and thereafter, each Party shall provide
the following notifications to the other Party:
(a)
notification, no less than 30 days in advance, of the scheduled date of the
elimination of a specific deployment area, missile operating base or missile
support facility;
(b)
notification, no less than 30 days in advance, of
changes in the number or location of elimination facilities, including the
location and scheduled date of each change;
(c)
notification, except with respect to launches of intermediate-range missiles
for the purpose of their elimination, no less than 30 days in advance, of the
scheduled date of the initiation of the elimination of intermediate-range and
shorter-range missiles, and stages of such missiles, and launchers of such
missiles and support structures and support equipment associated with such
missiles and launchers, including:
(i) the number and type of items of
missile systems to be eliminated;
(ii)
the elimination site;
(iii)
for intermediate-range missiles, the location from
which such missiles, launchers of such missiles and support equipment
associated with such missiles and launchers are moved to the elimination
facility; and
(iv)
except in the case of support structures, the point of entry to be used by an
inspection team conducting an inspection pursuant to paragraph 7 of Article XI
of this Treaty and the estimated time of departure of an inspection team from
the point of entry to the elimination facility;
(d)
notification, no less than ten days in advance, of the
scheduled date of the launch, or the scheduled date of the initiation of a
series of launches, of intermediate-range missiles for the purpose of their
elimination, including:
(i) the type of missiles to be
eliminated;
(ii)
the location of the launch, or, if elimination is by a
series of launches, the location of such launches and the number of launches in
the series;
(iii)
the point of entry to be used by an inspection team conducting an inspection
pursuant to paragraph 7 of Article XI of this Treaty; and
(iv)
the estimated time of departure of an inspection team
from the point of entry to the elimination facility;
(e)
notification, no later than 48 hours after they occur, of changes in the number
of intermediate-range and shorter-range missiles, launchers of such missiles
and support structures and support equipment associated with such missiles and
launchers resulting from elimination as described in the Protocol on
Elimination, including:
(i) the number and type of items of
a missile system which were eliminated; and
(ii)
the date and location of such elimination; and
(f)
notification of transit of intermediate-range or
shorter-range missiles or launchers of such missiles, or the movement of
training missiles or training launchers for such intermediate-range and
shorter-range missiles, no later than 48 hours after it has been completed,
including:
(i) the number of missiles or
launchers;
(ii)
the points, dates and times of departure and arrival;
(iii)
the mode of transport; and
(iv)
the location and time at that location at least once
every four days during the period of transit.
6.
Upon entry into force of this Treaty and thereafter, each Party shall notify
the other Party, no less than ten days in advance, of the scheduled date and
location of the launch of a research and development booster system as
described in paragraph 12 of Article VII of this Treaty.
article x
1.
Each Party shall eliminate its intermediate-range and shorter-range missiles
and launchers of such missiles and support structures and support equipment
associated with such missiles and launchers in accordance with the procedures
set forth in the Protocol on Elimination.
2.
Verification by on-site inspection of the elimination of items of missile
systems specified in the Protocol on Elimination shall be carried out in
accordance with Article XI of this Treaty, the Protocol on Elimination and the
Protocol on Inspection.
3.
When a Party removes its intermediate-range missiles, launchers of such
missiles and support equipment associated with such missiles and launchers from
deployment areas to elimination facilities for the purpose of their
elimination, it shall do so in complete deployed organizational units. For the
4.
Elimination of intermediate-range and shorter-range missiles and launchers of
such missiles and support equipment associated with such missiles and launchers
shall be carried out at the facilities that are specified in the Memorandum of
Understanding or notified in accordance with paragraph 5(b) of Article IX of
this Treaty, unless eliminated in accordance with Sections IV or V of the
Protocol on Elimination. Support structures, associated with the missiles and
launchers subject to this Treaty, that are subject to elimination shall be
eliminated in situ.
5.
Each Party shall have the right, during the first six months after entry into
force of this Treaty, to eliminate by means of launching no more than 100 of
its intermediate-range missiles.
6.
Intermediate-range and shorter-range missiles which have been tested prior to
entry into force of this Treaty, but never deployed, and which are not existing
types of intermediate-range or shorter-range missiles listed in Article III of
this Treaty, and launchers of such missiles, shall be eliminated within six
months after entry into force of this Treaty in accordance with the procedures
set forth in the Protocol on Elimination. Such missiles are:
(a)
for the United States of America, missiles of the type designated by the United
States of America as the Pershing IB, which is known to the Union of Soviet
Socialist Republics by the same designation; and
(b)
for the Union of Soviet Socialist Republics, missiles of the type designated by
the Union of Soviet Socialist Republics as the RK - 55, which is known to the
United States of America as the SSC - X - 4.
7.
Intermediate-range and shorter-range missiles and launchers of such missiles
and support structures and support equipment associated with such missiles and
launchers shall be considered to be eliminated after completion of the
procedures set forth in the Protocol on Elimination and upon the notification
provided for in paragraph 5(e) of Article IX of this Treaty.
8.
Each Party shall eliminate its deployment areas, missile operating bases and
missile support facilities. A Party shall notify the other Party pursuant to
paragraph 5(a) of Article IX of this Treaty once the conditions set forth below
are fulfilled:
(a)
all intermediate-range and shorter-range missiles,
launchers of such missiles and support equipment associated with such missiles
and launchers located there have been removed;
(b)
all support structures associated with such missiles
and launchers located there have been eliminated; and
(c)
all activity related to production, flight-testing,
training, repair, storage or deployment of such missiles and launchers has
ceased there.
Such
deployment areas, missile operating bases and missile support facilities shall
be considered to be eliminated either when they have been inspected pursuant to
paragraph 4 of Article XI of this Treaty or when 60 days have elapsed since the
date of the scheduled elimination which was notified pursuant to paragraph 5(a)
of Article IX of this Treaty. A deployment area, missile operating base or
missile support facility listed in the Memorandum of Understanding that met the
above conditions prior to entry into force of this Treaty, and is not included
in the initial data exchange pursuant to paragraph 3 of Article IX of this
Treaty, shall be considered to be eliminated.
9.
If a Party intends to convert a missile operating base listed in the Memorandum
of Understanding for use as a base associated with GLBM or GLCM systems not
subject to this Treaty, then that Party shall notify the other Party, no less
than 30 days in advance of the scheduled date of the initiation of the
conversion, of the scheduled date and the purpose for which the base will be
converted.
article xi
1.
For the purpose of ensuring verification of compliance with the provisions of
this Treaty, each Party shall have the right to conduct on-site inspections.
The Parties shall implement on-site inspections in accordance with this
Article, the Protocol on Inspection and the Protocol on Elimination.
2.
Each Party shall have the right to conduct inspections provided for by this
Article both within the territory of the other Party and within the territories
of basing countries.
3.
Beginning 30 days after entry into force of this Treaty, each Party shall have
the right to conduct inspections at all missile operating bases and missile
support facilities specified in the Memorandum of Understanding other than
missile production facilities, and at all elimination facilities included in
the initial data update required by paragraph 3 of Article IX of this Treaty.
These inspections shall be completed no later than 90 days after entry into
force of this Treaty. The purpose of these inspections shall be to verify the
number of missiles, launchers, support structures and support equipment and
other data, as of the date of entry into force of this Treaty, provided
pursuant to paragraph 3 of Article IX of this Treaty.
4.
Each Party shall have the right to conduct inspections to verify the
elimination, notified pursuant to paragraph 5(a) of Article IX of this Treaty,
of missile operating bases and missile support facilities other than missile
production facilities, which are thus no longer subject to inspections pursuant
to paragraph 5(a) of this Article. Such an inspection shall be carried out
within 60 days after the scheduled date of the elimination of that facility. If
a Party conducts an inspection at a particular facility pursuant to paragraph 3
of this Article after the scheduled date of the elimination of that facility,
then no additional inspection of that facility pursuant to this paragraph shall
be permitted.
5.
Each Party shall have the right to conduct inspections pursuant to this
paragraph for 13 years after entry into force of this Treaty. Each Party shall
have the right to conduct 20 such inspections per calendar year during the
first three years after entry into force of this Treaty, 15 such inspections
per calendar year during the subsequent five years, and ten such inspections
per calendar year during the last five years. Neither Party shall use more than
half of its total number of these inspections per calendar year within the
territory of any one basing country. Each Party shall have the right to
conduct:
(a)
inspections, beginning 90 days after entry into force of this Treaty, of
missile operating bases and missile support facilities other than elimination
facilities and missile production facilities, to ascertain, according to the
categories of data specified in the Memorandum of Understanding, the numbers of
missiles, launchers, support structures and support equipment located at each
missile operating base or missile support facility at the time of the
inspection; and
(b)
inspections of former missile operating bases and
former missile support facilities eliminated pursuant to paragraph 8 of Article
X of this Treaty other than former missile production facilities.
6.
Beginning 30 days after entry into force of this Treaty, each Party shall have
the right, for 13 years after entry into force of this Treaty, to inspect by
means of continuous monitoring:
(a)
the portals of any facility of the other Party at which the final assembly of a
GLBM using stages, any of which is outwardly similar to a stage of a
solid-propellant GLBM listed in Article III of this Treaty, is accomplished; or
(b)
if a Party has no such facility, the portals of an
agreed former missile production facility at which existing types of
intermediate-range or shorter-range GLBMs were
produced.
The
Party whose facility is to be inspected pursuant to this paragraph shall ensure
that the other Party is able to establish a permanent continuous monitoring
system at that facility within six months after entry into force of this Treaty
or within six months of initiation of the process of final assembly described
in subparagraph (a). If, after the end of the second year after entry into force
of this Treaty, neither Party conducts the process of final assembly described
in subparagraph (a) for a period of 12 consecutive months, then neither Party
shall have the right to inspect by means of continuous monitoring any missile
production facility of the other Party unless the process of final assembly as
described in subparagraph (a) is initiated again. Upon entry into force of this
Treaty, the facilities to be inspected by continuous monitoring shall be: in
accordance with subparagraph (b), for the United States of America, Hercules
Plant Number 1, at Magna, Utah; in accordance with subparagraph (a), for the
Union of Soviet Socialist Republics, the Votkinsk
Machine Building Plant, Udmurt Autonomous Soviet
Socialist Republic, Russian Soviet Federative Socialist Republic.
7.
Each Party shall conduct inspections of the process of elimination, including
elimination of intermediate-range missiles by means of launching, of
intermediate-range and shorter-range missiles and launchers of such missiles
and support equipment associated with such missiles and launchers carried out
at elimination facilities in accordance with Article X of this Treaty and the
Protocol on Elimination. Inspectors conducting inspections provided for in this
paragraph shall determine that the processes specified for the elimination of
the missiles, launchers and support equipment have been completed.
8.
Each Party shall have the right to conduct inspections to confirm the
completion of the process of elimination of intermediate-range and
shorter-range missiles and launchers of such missiles and support equipment
associated with such missiles and launchers eliminated pursuant to Section V of
the Protocol on Elimination, and of training missiles, training missile stages,
training launch canisters and training launchers eliminated pursuant to
Sections II, IV and V of the Protocol on Elimination.
article xii
1.
For the purpose of ensuring verification of compliance with the provisions of
this Treaty, each Party shall use national technical means of verification at
its disposal in a manner consistent with generally recognized principles of
international law.
2.
Neither Party shall:
(a)
interfere with national technical means of
verification of the other Party operating in accordance with paragraph 1 of
this Article; or
(b)
use concealment measures which impede verification of
compliance with the provisions of this Treaty by national technical means of
verification carried out in accordance with paragraph 1 of this Article. This
obligation does not apply to cover or concealment practices, within a
deployment area, associated with normal training, maintenance and operations,
including the use of environmental shelters to protect missiles and launchers.
3.
To enhance observation by national technical means of verification, each Party
shall have the right until a treaty between the Parties reducing and limiting
strategic offensive arms enters into force, but in any event for no more than
three years after entry into force of this Treaty, to request the
implementation of cooperative measures at deployment bases for road-mobile GLBMs with a range capability in excess of 5500 kilometers,
which are not former missile operating bases eliminated pursuant to paragraph 8
of Article X of this Treaty. The Party making such a request shall inform the
other Party of the deployment base at which cooperative measures shall be
implemented. The Party whose base is to be observed shall carry out the
following cooperative measures:
(a)
no later than six hours after such a request, the Party shall have opened the
roofs of all fixed structures for launchers located at the base, removed
completely all missiles on launchers from such fixed structures for launchers
and displayed such missiles on launchers in the open without using concealment
measures; and
(b)
the Party shall leave the roofs open and the missiles
on launchers in place until twelve hours have elapsed from the time of the
receipt of a request for such an observation.
Each
Party shall have the right to make six such requests per calendar year. Only
one deployment base shall be subject to these cooperative measures at any one
time.
article xiii
1.
To promote the objectives and implementation of the provisions of this Treaty,
the Parties hereby establish the Special Verification Commission. The Parties
agree that, if either Party so requests, they shall meet within the framework
of the Special Verification Commission to:
(a)
resolve questions relating to compliance with the obligations
assumed; and
(b)
agree upon such measures as may be necessary to
improve the viability and effectiveness of this Treaty.
2.
The Parties shall use the Nuclear Risk Reduction Centers, which provide for
continuous communication between the Parties, to:
(a)
exchange data and provide notifications as required by
paragraphs 3, 4, 5 and 6 of Article IX of this Treaty and the Protocol on
Elimination;
(b)
provide and receive the information required by
paragraph 9 of Article X of this Treaty;
(c)
provide and receive notifications of inspections as
required by Article XI of this Treaty and the Protocol on Inspection; and
(d)
provide and receive requests for cooperative measures
as provided for in paragraph 3 of Article XII of this Treaty.
article xiv
The
Parties shall comply with this Treaty and shall not assume any international
obligations or undertakings which would conflict with its provisions.
article xv
1.
This Treaty shall be of unlimited duration.
2.
Each Party shall, in exercising its national sovereignty, have the right to
withdraw from this Treaty if it decides that extraordinary events related to
the subject matter of this Treaty have jeopardized its supreme interests. It
shall give notice of its decision to withdraw to the other Party six months
prior to withdrawal from this Treaty. Such notice shall include a statement of
the extraordinary events the notifying Party regards as having jeopardized its
supreme interests.
article xvi
Each
Party may propose amendments to this Treaty. Agreed amendments shall enter into
force in accordance with the procedures set forth in Article XVII governing the
entry into force of this Treaty.
article xvii
1.
This Treaty, including the Memorandum of Understanding and Protocols, which
form an integral part thereof, shall be subject to ratification in accordance
with the constitutional procedures of each Party. This Treaty shall enter into
force on the date of the exchange of instruments of ratification.
2.
This Treaty shall be registered pursuant to Article 102 of the Charter of the
United Nations.
Done at
For
the
Ronald
Reagan
President
of the
For
the
M.
Gorbachev
General
Secretary of the Central Committee of the CPSU
Protocol
on Procedures Governing the Elimination of the Missile Systems Subject to the
Treaty Between the United States of America and the Union of Soviet Socialist
Republics on the Elimination of Their Intermediate-range and Shorter-range
Missiles
Pursuant
to and in implementation of the Treaty Between the United States of America and
the Union of Soviet Socialist Republics on the Elimination of Their
Intermediate-Range and Shorter-Range Missiles of December 8, 1987, hereinafter
referred to as the Treaty, the Parties hereby agree upon procedures governing
the elimination of the missile systems subject to the Treaty.
I.
Items of Missile Systems Subject to Elimination
The
specific items for each type of missile system to be eliminated are:
1.
For the
Pershing
II: missile, launcher and launch pad shelter;
BGM
- 109G: missile, launch canister and launcher;
Pershing
IB: missile.
2.
For the
SS
- 20: missile, launch canister, launcher, missile transporter vehicle and fixed
structure for a launcher;
SS
- 4: missile, missile transporter vehicle, missile erector,
launch stand and propellant tanks;
SS
- 5: missile;
SSC
- X - 4: missile, launch canister and launcher;
SS
- 12: missile, launcher and missile transporter vehicle; and
SS
- 23: missile, launcher and missile transporter vehicle.
3.
For both Parties, all training missiles, training missile stages, training
launch canisters and training launchers shall be subject to elimination.
4.
For both Parties, all stages of intermediate-range and shorter-range GLBMs shall be subject to elimination.
5.
For both Parties, all front sections of deployed
intermediate-range and shorter-range missiles shall be subject to elimination.
II.
Procedures for Elimination at Elimination Facilities
1.
In order to ensure the reliable determination of the type and number of
missiles, missile stages, front sections, launch canisters, launchers, missile
transporter vehicles, missile erectors and launch stands, as well as training
missiles, training missile stages, training launch canisters and training
launchers, indicated in Section I of this Protocol, being eliminated at
elimination facilities, and to preclude the possibility of restoration of such
items for purposes inconsistent with the provisions of the Treaty, the Parties
shall fulfill the requirements below.
2.
The conduct of the elimination procedures for the items of missile systems
listed in paragraph 1 of this Section, except for training missiles, training
missile stages, training launch canisters and training launchers, shall be
subject to on-site inspection in accordance with Article XI of the of the
Treaty and the Protocol on Inspection. The Parties shall have the right to
conduct on-site inspections to confirm the completion of the elimination
procedures set forth in paragraph 11 of this Section for training missiles,
training missile stages, training launch canisters and training launchers. The
Party possessing such a training missile, training missile stage, training
launch canister or training launcher shall inform the other Party of the name
and coordinates of the elimination facility at which the on-site inspection may
be conducted as well as the date on which it may be conducted. Such information
shall be provided no less than 30 days in advance of that date.
3.
Prior to a missile's arrival at the elimination facility, its nuclear warhead
device and guidance elements may be removed.
4.
Each Party shall select the particular technological means necessary to
implement the procedures required in paragraphs 10 and 11 of this Section and
to allow for on-site inspection of the conduct of the elimination procedures
required in paragraph 10 of this Section in accordance with Article XI of the
Treaty, this Protocol and the Protocol on Inspection.
5.
The initiation of the elimination of the items of missile systems subject to
this Section shall be considered to be the commencement of the procedures set
forth in paragraph 10 or 11 of this Section.
6.
Immediately prior to the initiation of the elimination procedures set forth in
paragraph 10 of this Section, an inspector from the Party receiving the
pertinent notification required by paragraph 5(c) of Article IX of the Treaty shall
confirm and record the type and number of items of missile systems, listed in
paragraph 1 of this Section, which are to be eliminated. If the inspecting
Party deems it necessary, this shall include a visual inspection of the
contents of launch canisters.
7.
A missile stage being eliminated by burning in accordance with the procedures
set forth in paragraph 10 of this Section shall not be instrumented for data
collection. Prior to the initiation of the elimination procedures set forth in
paragraph 10 of this Section, an inspector from the inspecting Party shall
confirm that such missile stages are not instrumented for data collection.
Those missile stages shall be subject to continuous observation by such an
inspector from the time of that inspection until the burning is completed.
8.
The completion of the elimination procedures set forth in this Section, except
those for training missiles, training missile stages, training launch canisters
and training launchers, along with the type and number of items of missile
systems for which those procedures have been completed, shall be confirmed in
writing by the representative of the Party carrying out the elimination and by
the inspection team leader of the other Party. The elimination of a training missile,
training missile stage, training launch canister or training launcher shall be
considered to have been completed upon completion of the procedures set forth
in paragraph 11 of this Section and notification as required by paragraph 5(e)
of Article IX of the Treaty following the date specified pursuant to paragraph
2 of this Section.
9.
The Parties agree that all
10.
The specific procedures for the elimination of the items of missile systems
listed in paragraph 1 of this Section shall be as follows, unless the Parties
agree upon different procedures to achieve the same result as the procedures
identified in this paragraph:
For
the Pershing II:
Missile:
(a)
missile stages shall be eliminated by explosive
demolition or burning;
(b)
solid fuel, rocket nozzles and motor cases not destroyed in this process shall
be burned, crushed, flattened or destroyed by explosion; and
(c)
front section, minus nuclear warhead device and
guidance elements, shall be crushed or flattened.
Launcher:
(a)
erector-launcher mechanism shall be removed from launcher chassis;
(b)
all components of erector-launcher mechanism shall be
cut at locations that are not assembly joints into two pieces of approximately
equal size;
(c)
missile launch support equipment, including external
instrumentation compartments, shall be removed from launcher chassis; and
(d)
launcher chassis shall be cut at a location that is
not an assembly joint into two pieces of approximately equal size.
For
the BGM - 109G:
Missile:
(a)
missile airframe shall be cut longitudinally into two
pieces;
(b)
wings and tail section shall be severed from missile
airframe at locations that are not assembly joints; and
(c)
front section, minus nuclear warhead device and
guidance elements, shall be crushed or flattened.
Launch
Canister: launch canister shall be crushed, flattened, cut into two pieces of
approximately equal size or destroyed by explosion.
Launcher:
(a)
erector-launcher mechanism shall be removed from launcher chassis;
(b)
all components of erector-launcher mechanism shall be
cut at locations that are not assembly joints into two pieces of approximately
equal size;
(c)
missile launch support equipment, including external
instrumentation compartments, shall be removed from launcher chassis; and
(d)
launcher chassis shall be cut at a location that is
not an assembly joint into two pieces of approximately equal size.
For
the Pershing IA:
Missile:
(a)
missile stages shall be eliminated by explosive
demolition or burning;
(b)
solid fuel, rocket nozzles and motor cases not destroyed in this process shall
be burned, crushed, flattened or destroyed by explosion; and
(c)
front section, minus nuclear warhead device and
guidance elements, shall be crushed or flattened.
Launcher:
(a)
erector-launcher mechanism shall be removed from launcher chassis;
(b)
all components of erector-launcher mechanism shall be
cut at locations that are not assembly joints into two pieces of approximately
equal size;
(c)
missile launch support equipment, including external
instrumentation compartments, shall be removed from launcher chassis; and
(d)
launcher chassis shall be cut at a location that is
not an assembly joint into two pieces of approximately equal size.
For
the Pershing IB:
Missile:
(a)
missile stage shall be eliminated by explosive
demolition or burning;
(b)
solid fuel, rocket nozzle and motor case not destroyed in this process shall be
burned, crushed, flattened or destroyed by explosion; and
(c)
front section, minus nuclear warhead device and
guidance elements, shall be crushed or flattened.
For
the SS - 20:
Missile:
(a) missile shall be eliminated by explosive demolition of
the missile in its launch canister or by burning missile stages;
(b)
solid fuel, rocket nozzles and motor cases not destroyed in this process shall
be burned, crushed, flattened or destroyed by explosion; and
(c)
front section, including reentry vehicles, minus
nuclear warhead devices, and instrumentation compartment, minus guidance
elements, shall be crushed or flattened.
Launch
Canister: launch canister shall be destroyed by explosive demolition together
with a missile, or shall be destroyed separately by explosion, cut into two
pieces of approximately equal size, crushed or flattened.
Launcher:
(a)
erector-launcher mechanism shall be removed from launcher chassis;
(b)
all components of erector-launcher mechanism shall be
cut at locations that are not assembly joints into two pieces of approximately
equal size;
(c)
missile launch support equipment, including external
instrumentation compartments, shall be removed from launcher chassis;
(d)
mountings of erector-launcher mechanism and launcher
leveling supports shall be cut off launcher chassis;
(e)
launcher leveling supports shall be cut at locations
that are not assembly joints into two pieces of approximately equal size; and
(f)
a portion of the launcher chassis, at least 0.78
meters in length, shall be cut off aft of the rear axle.
Missile
Transporter Vehicle:
(a)
all mechanisms associated with missile loading and
mounting shall be removed from transporter vehicle chassis;
(b)
all mountings of such mechanisms shall be cut off
transporter vehicle chassis;
(c)
all components of the mechanisms associated with
missile loading and mounting shall be cut at locations that are not assembly
joints into two pieces of approximately equal size;
(d)
external instrumentation compartments shall be removed
from transporter vehicle chassis;
(e)
transporter vehicle leveling supports shall be cut off transporter vehicle
chassis and cut at locations that are not assembly joints into two pieces of
approximately equal size; and
(f)
a portion of the transporter vehicle chassis, at least
0.78 meters in length, shall be cut off aft of the rear axle.
For
the SS - 4:
Missile:
(a)
nozzles of propulsion system shall be cut off at
locations that are not assembly joints;
(b)
all propellant tanks shall be cut into two pieces of
approximately equal size;
(c)
instrumentation compartment, minus guidance elements,
shall be cut into two pieces of approximately equal size; and
(d)
front section, minus nuclear warhead device, shall be
crushed or flattened.
Launch
Stand: launch stand components shall be cut at locations that are not assembly
joints into two pieces of approximately equal size.
Missile
Erector:
(a) jib, missile erector leveling supports and missile
erector mechanism shall be cut off missile erector at locations that are not
assembly joints; and
(b)
jib and missile erector leveling supports shall be cut
into two pieces of approximately equal size.
Missile
Transporter Vehicle: mounting components for a missile and for a missile's
erector mechanism as well as supports for erecting a missile onto a launcher
shall be cut off transporter vehicle at locations that are not assembly joints.
For
the SS - 5:
Missile:
(a)
nozzles of propulsion system shall be cut off at
locations that are not assembly joints;
(b)
all propellant tanks shall be cut into two pieces of
approximately equal size; and
(c)
instrumentation compartment, minus guidance elements,
shall be cut into two pieces of approximately equal size.
For
the SSC - X - 4:
Missile:
(a)
missile airframe shall be cut longitudinally into two
pieces;
(b)
wings and tail section shall be severed from missile
airframe at locations that are not assembly joints; and
(c)
front section, minus nuclear warhead device and
guidance elements, shall be crushed or flattened.
Launch
Canister: launch canister shall be crushed, flattened, cut into two pieces of
approximately equal size or destroyed by explosion.
Launcher:
(a)
erector-launcher mechanism shall be removed from launcher chassis;
(b)
all components of erector-launcher mechanism shall be
cut at locations that are not assembly joints into two pieces of approximately
equal size;
(c)
missile launch support equipment, including external
instrumentation compartments, shall be removed from launcher chassis;
(d)
mountings of erector-launcher mechanism and launcher
leveling supports shall be cut off launcher chassis;
(e)
launcher leveling supports shall be cut at locations
that are not assembly joints into two pieces of approximately equal size; and
(f)
the launcher chassis shall be severed at a location
determined by measuring no more than 0.70 meters rearward from the rear axle.
For
the SS - 12:
Missile:
(a) missile shall be eliminated by explosive demolition or by
burning missile stages;
(b)
solid fuel, rocket nozzles and motor cases not destroyed in this process shall
be burned, crushed, flattened or destroyed by explosion; and
(c)
front section, minus nuclear warhead device, and
instrumentation compartment, minus guidance elements, shall be crushed,
flattened or destroyed by explosive demolition together with a missile.
Launcher:
(a)
erector-launcher mechanism shall be removed from launcher chassis;
(b)
all components of erector-launcher mechanism shall be
cut at locations that are not assembly joints into two pieces of approximately
equal size;
(c)
missile launch support equipment, including external
instrumentation compartments, shall be removed from launcher chassis;
(d)
mountings of erector-launcher mechanism and launcher
leveling supports shall be cut off launcher chassis;
(e)
launcher leveling supports shall be cut at locations
that are not assembly joints into two pieces of approximately equal size; and
(f)
a portion of the launcher chassis, at least 1.10
meters in length, shall be cut off aft of the rear axle.
Missile
Transporter Vehicle:
(a)
all mechanisms associated with missile loading and
mounting shall be removed from transporter vehicle chassis;
(b)
all mountings of such mechanisms shall be cut off
transporter vehicle chassis;
(c)
all components of the mechanisms associated with missile
loading and mounting shall be cut at locations that are not assembly joints
into two pieces of approximately equal size;
(d)
external instrumentation compartments shall be removed
from transporter vehicle chassis;
(e)
transporter vehicle leveling supports shall be cut off transporter vehicle
chassis and cut at locations that are not assembly joints into two pieces of
approximately equal size; and
(f)
a portion of the transporter vehicle chassis, at least
1.10 meters in length, shall be cut off aft of the rear axle.
For
the SS - 23:
Missile:
(a) missile shall be eliminated by explosive demolition or by
burning the missile stage;
(b)
solid fuel, rocket nozzle and motor case not destroyed in this process shall be
burned, crushed, flattened or destroyed by explosion; and
(c)
front section, minus nuclear warhead device, and
instrumentation compartment, minus guidance elements, shall be crushed,
flattened, or destroyed by explosive demolition together with a missile.
Launcher:
(a)
erector-launcher mechanism shall be removed from launcher body;
(b)
all components of erector-launcher mechanism shall be
cut at locations that are not assembly joints into two pieces of approximately
equal size;
(c)
missile launch support equipment shall be removed from
launcher body;
(d)
mountings of erector-launcher mechanism and launcher
leveling supports shall be cut off launcher body;
(e)
launcher leveling supports shall be cut at locations
that are not assembly joints into two pieces of approximately equal size;
(f)
each environmental cover of the launcher body shall be
removed and cut into two pieces of approximately equal size; and
(g)
a portion of the launcher body, at least 0.85 meters
in length, shall be cut off aft of the rear axle.
Missile
Transporter Vehicle:
(a)
all mechanisms associated with missile loading and
mounting shall be removed from transporter vehicle body;
(b)
all mountings of such mechanisms shall be cut off
transporter vehicle body;
(c)
all components of mechanisms associated with missile
loading and mounting shall be cut at locations that are not assembly joints
into two pieces of approximately equal size;
(d)
control equipment of the mechanism associated with
missile loading shall be removed from transporter vehicle body;
(e)
transporter vehicle leveling supports shall be cut off transporter vehicle body
and cut at locations that are not assembly joints into two pieces of
approximately equal size; and
(f)
a portion of the transporter vehicle body, at least
0.85 meters in length, shall be cut off aft of the rear axle.
11.
The specific procedures for the elimination of the training missiles, training
missile stages, training launch canisters and training launchers indicated in
paragraph 1 of this Section shall be as follows:
Training
Missile and Training Missile Stage: training missile and training missile stage
shall be crushed, flattened, cut into two pieces of approximately equal size or
destroyed by explosion.
Training
Launch Canister: training launch canister shall be crushed, flattened, cut into
two pieces of approximately equal size or destroyed by explosion.
Training
Launcher: training launcher chassis shall be cut at the same location
designated in paragraph 10 of this Section for launcher of the same type of
missile.
III.
Elimination of Missiles by Means of Launching
1.
Elimination of missiles by means of launching pursuant to paragraph 5 of
Article X of the Treaty shall be subject to on-site inspection in accordance
with paragraph 7 of Article XI of the Treaty and the Protocol on Inspection.
Immediately prior to each launch conducted for the purpose of elimination, an
inspector from the inspecting Party shall confirm by visual observation the
type of missile to be launched.
2.
All missiles being eliminated by means of launching shall be launched from
designated elimination facilities to existing impact areas for such missiles.
No such missile shall be used as a target vehicle for a ballistic missile
interceptor.
3.
Missiles being eliminated by means of launching shall be launched one at a
time, and no less than six hours shall elapse between such launches.
4.
Such launches shall involve ignition of all missile stages. Neither Party shall
transmit or recover data from missiles being eliminated by means of launching
except for unencrypted data used for range safety purposes.
5.
The completion of the elimination procedures set forth in this Section, and the
type and number of missiles for which those procedures have been completed,
shall be confirmed in writing by the representative of the Party carrying out
the elimination and by the inspection team leader of the other Party.
6.
A missile shall be considered to be eliminated by means of launching after completion
of the procedures set forth in this Section and upon notification required by
paragraph 5(e) of Article IX of the Treaty.
IV.
Procedures for Elimination In Situ
1.
Support Structures
(a)
Support structures listed in Section I of this Protocol shall be eliminated in
situ.
(b)
The initiation of the elimination of support structures shall be considered to
be the commencement of the elimination procedures required in paragraph 1(d) of
this Section.
(c)
The elimination of support structures shall be subject to verification by
on-site inspection in accordance with paragraph 4 of Article XI of the Treaty.
(d)
The specific elimination procedures for support structures shall be as follows:
(i) the superstructure of the fixed
structure or shelter shall be dismantled or demolished, and removed from its
base or foundation;
(ii)
the base or foundation of the fixed structure or
shelter shall be destroyed by excavation or explosion;
(iii)
the destroyed base or foundation of a fixed structure or shelter shall remain
visible to national technical means of verification for six months or until
completion of an on-site inspection conducted in accordance with Article XI of
the Treaty; and
(iv)
upon completion of the above requirements, the elimination
procedures shall be considered to have been completed.
2.
Propellant Tanks for SS - 4 Missiles Fixed and transportable propellant tanks
for SS - 4 missiles shall be removed from launch sites.
3.
Training Missiles, Training Missile Stages, Training Launch Canisters and
Training Launchers
(a)
Training missiles, training missile stages, training launch canisters and
training launchers not eliminated at elimination facilities shall be eliminated
in situ.
(b)
Training missiles, training missile stages, training launch canisters and
training launchers being eliminated in situ shall be eliminated in accordance
with the specific procedures set forth in paragraph 11 of Section II of this
Protocol.
(c)
Each Party shall have the right to conduct an on-site inspection to confirm the
completion of the elimination procedures for training missiles, training
missile stages, training launch canisters and training launchers.
(d)
The Party possessing such a training missile, training missile stage, training
launch canister or training launcher shall inform the other Party of the
place-name and coordinates of the location at which the on-site inspection
provided for in paragraph 3(c) of this Section may be conducted as well as the
date on which it may be conducted. Such information shall be provided no less
than 30 days in advance of that date.
(e)
Elimination of a training missile, training missile stage, training launch
canister or training launcher shall be considered to have been completed upon
the completion of the procedures required by this paragraph and upon
notification as required by paragraph 5(e) of Article IX of the Treaty
following the date specified pursuant to paragraph 3(d) of this Section.
V.
Other Types of Elimination
1.
Loss or Accidental Destruction
(a)
If an item listed in Section I of this Protocol is lost or destroyed as a
result of an accident, the possessing Party shall notify the other Party within
48 hours, as required in paragraph 5(e) of Article IX of the Treaty, that the
item has been eliminated.
(b)
Such notification shall include the type of the eliminated item, its
approximate or assumed location and the circumstances related to the loss or
accidental destruction.
(c)
In such a case, the other Party shall have the right to conduct an inspection
of the specific point at which the accident occurred to provide confidence that
the item has been eliminated.
2.
Static Display
(a)
The Parties shall have the right to eliminate missiles, launch canisters and launchers,
as well as training missiles, training launch canisters and training launchers,
listed in Section I of this Protocol by placing them on static display. Each
Party shall be limited to a total of 15 missiles, 15 launch canisters and 15
launchers on such static display.
(b)
Prior to being placed on static display, a missile, launch canister or launcher
shall be rendered unusable for purposes inconsistent with the Treaty. Missile
propellant shall be removed and erector-launcher mechanisms shall be rendered
inoperative.
(c)
The Party possessing a missile, launch canister or launcher, as well as a
training missile, training launch canister or training launcher that is to be
eliminated by placing it on static display shall provide the other Party with
the place-name and coordinates of the location at which such a missile, launch
canister or launcher is to be on static display, as well as the location at
which the on-site inspection provided for in paragraph 2(d) of this Section,
may take place.
(d)
Each Party shall have the right to conduct an on-site inspection of such a
missile, launch canister or launcher within 60 days of receipt of the
notification required in paragraph 2(c) of this Section.
(e)
Elimination of a missile, launch canister or launcher, as well as a training
missile, training launch canister or training launcher, by placing it on static
display shall be considered to have been completed upon completion of the
procedures required by this paragraph and notification as required by paragraph
5(e) of Article IX of the Treaty.
This
Protocol is an integral part of the Treaty. It shall enter into force on the
date of the entry into force of the Treaty and shall remain in force so long as
the Treaty remains in force. As provided for in paragraph 1(b) of Article XIII
of the Treaty, the Parties may agree upon such measures as may be necessary to
improve the viability and effectiveness of this Protocol. Such measures shall
not be deemed amendments to the Treaty.
Done at
For
the
Ronald
Reagan
President
of the
For
the
M.
Gorbachev
General
Secretary of the Central Committee of the CPSU
Protocol
Regarding Inspections Relating to the Treaty Between the United States of
America and the Union of Soviet Socialist Republics on the Elimination of Their
Intermediate-range and Shorter-range Missiles
Pursuant
to and in implementation of the Treaty Between the United States of America and
the Union of Soviet Socialist Republics on the Elimination of Their
Intermediate-Range and Shorter-Range Missiles of December 8, 1987, hereinafter
referred to as the Treaty, the Parties hereby agree upon procedures governing
the conduct of inspections provided for in Article XI of the Treaty.
I.
Definitions
For
the purposes of this Protocol, the Treaty, the Memorandum of Understanding and
the Protocol on Elimination:
1.
The term ``inspected Party'' means the Party to the Treaty whose sites are
subject to inspection as provided for by Article XI of the Treaty.
2.
The term ``inspecting Party'' means the Party to the Treaty carrying out an
inspection.
3.
The term ``inspector'' means an individual designated by one of the Parties to
carry out inspections and included on that Party's list of inspectors in
accordance with the provisions of Section III of this Protocol.
4.
The term ``inspection team'' means the group of inspectors assigned by the
inspecting Party to conduct a particular inspection.
5.
The term ``inspection site'' means an area, location or facility at which an
inspection is carried out.
6.
The term ``period of inspection'' means the period of time from arrival of the
inspection team at the inspection site until its departure from the inspection
site, exclusive of time spent on any pre- and post-inspection procedures.
7.
The term ``point of entry'' means: Washington, D.C., or San Francisco,
California, the United States of America; Brussels (National Airport), The
Kingdom of Belgium; Frankfurt (Rhein Main Airbase),
The Federal Republic of Germany; Rome (Ciampino), The
Republic of Italy; Schiphol, The Kingdom of the
Netherlands; RAF Greenham Common, The United Kingdom
of Great Britain and Northern Ireland; Moscow, or Irkutsk,
the Union of Soviet Socialist Republics; Schkeuditz
Airport, the German Democratic Republic; and International Airport Ruzyne, the Czechoslovak Socialist Republic.
8.
The term ``in-country period'' means the period from the arrival of the
inspection team at the point of entry until its departure from the country
through the point of entry.
9.
The term ``in-country escort'' means individuals specified by the inspected
Party to accompany and assist inspectors and aircrew members as necessary
throughout the in-country period.
10.
The term ``aircrew member'' means an individual who performs duties related to
the operation of an airplane and who is included on a Party's list of aircrew
members in accordance with the provisions of Section III of this Protocol.
II.
General Obligations
1.
For the purpose of ensuring verification of compliance with the provisions of
the Treaty, each Party shall facilitate inspection by the other Party pursuant
to this Protocol.
2.
Each Party takes note of the assurances received from the other Party regarding
understandings reached between the other Party and the basing countries to the
effect that the basing countries have agreed to the conduct of inspections, in
accordance with the provisions of this Protocol, on their territories.
III.
Pre-Inspection Requirements
1.
Inspections to ensure verification of compliance by the Parties with the
obligations assumed under the Treaty shall be carried out by inspectors
designated in accordance with paragraphs 3 and 4 of this Section.
2.
No later than one day after entry into force of the Treaty, each Party shall
provide to the other Party: a list of its proposed aircrew members; a list of
its proposed inspectors who will carry out inspections pursuant to paragraphs
3, 4, 5, 7 and 8 of Article XI of the Treaty; and a list of its proposed
inspectors who will carry out inspection activities pursuant to paragraph 6 of
Article XI of the Treaty. None of these lists shall contain at any time more
than 200 individuals.
3.
Each Party shall review the lists of inspectors and aircrew members proposed by
the other Party. With respect to an individual included on the list of proposed
inspectors who will carry out inspection activities pursuant to paragraph 6 of
Article XI of the Treaty, if such an individual is unacceptable to the Party
reviewing the list, that Party shall, within 20 days, so inform the Party
providing the list, and the individual shall be deemed not accepted and shall
be deleted from the list. With respect to an individual on the list of proposed
aircrew members or the list of proposed inspectors who will carry out
inspections pursuant to paragraphs 3, 4, 5, 7 and 8 of Article XI of the
Treaty, each Party, within 20 days after the receipt of such lists, shall
inform the other Party of its agreement to the designation of each inspector
and aircrew member proposed. Inspectors shall be citizens of the inspecting
Party.
4.
Each Party shall have the right to amend its lists of inspectors and aircrew
members. New inspectors and aircrew members shall be designated in the same
manner as set forth in paragraph 3 of this Section with respect to the initial
lists.
5.
Within 30 days of receipt of the initial lists of inspectors and aircrew
members, or of subsequent changes thereto, the Party receiving such information
shall provide, or shall ensure the provision of, such visas and other documents
to each individual to whom it has agreed as may be required to ensure that each
inspector or aircrew member may enter and remain in the territory of the Party
or basing country in which an inspection site is located throughout the
in-country period for the purpose of carrying out inspection activities in
accordance with the provisions of this Protocol. Such visas and documents shall
be valid for a period of at least 24 months.
6.
To exercise their functions effectively, inspectors and aircrew members shall be
accorded, throughout the in-country period, privileges and immunities in the
country of the inspection site as set forth in the Annex to this Protocol.
7.
Without prejudice to their privileges and immunities, inspectors and aircrew
members shall be obliged to respect the laws and regulations of the State on
whose territory an inspection is carried out and shall be obliged not to
interfere in the internal affairs of that State. In the event the inspected
Party determines that an inspector or aircrew member of the other Party has
violated the conditions governing inspection activities set forth in this
Protocol, or has ever committed a criminal offense on the territory of the
inspected Party or a basing country, or has ever been sentenced for committing a
criminal offense or expelled by the inspected Party or a basing country, the
inspected Party making such a determination shall so notify the inspecting
Party, which shall immediately strike the individual from the lists of
inspectors or the list of aircrew members. If, at that time, the individual is
on the territory of the inspected Party or a basing country, the inspecting
Party shall immediately remove that individual from the country.
8.
Within 30 days after entry into force of the Treaty, each Party shall inform
the other Party of the standing diplomatic clearance number for airplanes of
the Party transporting inspectors and equipment necessary for inspection into
and out of the territory of the Party or basing country in which an inspection
site is located. Aircraft routings to and from the designated point of entry
shall be along established international airways that are agreed upon by the
Parties as the basis for such diplomatic clearance.
IV.
Notifications
1.
Notification of an intention to conduct an inspection shall be made through the
Nuclear Risk Reduction Centers. The receipt of this notification shall be
acknowledged through the Nuclear Risk Reduction Centers by the inspected Party
within one hour of its receipt.
(a)
For inspections conducted pursuant to paragraphs 3, 4 or 5 of Article XI of the
Treaty, such notifications shall be made no less than 16 hours in advance of
the estimated time of arrival of the inspection team at the point of entry and
shall include:
(i) the point of entry;
(ii)
the date and estimated time of arrival at the point of
entry;
(iii)
the date and time when the specification of the
inspection site will be provided; and
(iv)
the names of inspectors and aircrew members.
(b)
For inspections conducted pursuant to paragraphs 7 or 8 of Article XI of the
Treaty, such notifications shall be made no less than 72 hours in advance of
the estimated time of arrival of the inspection team at the point of entry and
shall include:
(i) the point of entry;
(ii)
the date and estimated time of arrival at the point of
entry;
(iii)
the site to be inspected and the type of inspection;
and
(iv)
the names of inspectors and aircrew members.
2.
The date and time of the specification of the inspection site as notified
pursuant to paragraph 1(a) of this Section shall fall within the following time
intervals:
(a)
for inspections conducted pursuant to paragraphs 4 or 5 of Article XI of the
Treaty, neither less than four hours nor more than 24 hours after the estimated
date and time of arrival at the point of entry; and
(b)
for inspections conducted pursuant to paragraph 3 of
Article XI of the Treaty, neither less than four hours nor more than 48 hours
after the estimated date and time of arrival at the point of entry.
3.
The inspecting Party shall provide the inspected Party with a flight plan,
through the Nuclear Risk Reduction Centers, for its flight from the last
airfield prior to entering the airspace of the country in which the inspection
site is located to the point of entry, no less than six hours before the
scheduled departure time from that airfield. Such a plan 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 aircraft. Priority clearance processing required.''
4.
No less than three hours prior to the scheduled departure of the inspection
team from the last airfield prior to entering the airspace of the country in
which the inspection is to take place, the inspected Party shall ensure that
the flight plan filed in accordance with paragraph 3 of this Section is
approved so that the inspection team may arrive at the point of entry by the
estimated arrival time.
5.
Either Party may change the point or points of entry to the territories of the
countries within which its deployment areas, missile operating bases or missile
support facilities are located, by giving notice of such change to the other
Party. A change in a point of entry shall become effective five months after
receipt of such notification by the other Party.
V.
Activities Beginning Upon Arrival at the Point of Entry
1.
The in-country escort and a diplomatic aircrew escort accredited to the
Government of either the inspected Party or the basing country in which the
inspection site is located shall meet the inspection team and aircrew members
at the point of entry as soon as the airplane of the inspecting Party lands.
The number of aircrew members for each airplane shall not exceed ten. The
in-country escort shall expedite the entry of the inspection team and aircrew,
their baggage, and equipment and supplies necessary for inspection, into the
country in which the inspection site is located. A diplomatic aircrew escort
shall have the right to accompany and assist aircrew members throughout the
in-country period. In the case of an inspection taking place on the territory
of a basing country, the in-country escort may include representatives of that
basing country.
2.
An inspector shall be considered to have assumed his duties upon arrival at the
point of entry on the territory of the inspected Party or a basing country, and
shall be considered to have ceased performing those duties when he has left the
territory of the inspected Party or basing country.
3.
Each Party shall ensure that equipment and supplies are exempt from all customs
duties.
4.
Equipment and supplies which the inspecting Party brings into the country in
which an inspection site is located shall be subject to examination at the
point of entry each time they are brought into that country. This examination
shall be completed prior to the departure of the inspection team from the point
of entry to conduct an inspection. Such equipment and supplies shall be
examined by the in-country escort in the presence of the inspection team
members to ascertain to the satisfaction of each Party that the equipment and
supplies cannot perform functions unconnected with the inspection requirements
of the Treaty. If it is established upon examination that the equipment or
supplies are unconnected with these inspection requirements, then they shall
not be cleared for use and shall be impounded at the point of entry until the
departure of the inspection team from the country where the inspection is
conducted. Storage of the inspecting Party's equipment and supplies at each
point of entry shall be within tamper-proof containers within a secure
facility. Access to each secure facility shall be controlled by a ``dual key''
system requiring the presence of both Parties to gain access to the equipment
and supplies.
5.
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 care for the inspection team and aircrew of the inspecting
Party. All the costs in connection with the stay of inspectors carrying out
inspection activities pursuant to paragraph 6 of Article XI of the Treaty, on
the territory of the inspected Party, including meals, services, lodging, work
space, transportation and medical care shall be borne by the inspecting Party.
6.
The inspected Party shall provide parking, security protection, servicing, and
fuel for the airplane of the inspecting Party at the point of entry. The
inspecting Party shall bear the cost of such fuel and servicing.
7.
For inspections conducted on the territory of the Parties, the inspection team
shall enter at the point of entry on the territory of the inspected Party that
is closest to the inspection site. In the case of inspections carried out in
accordance with paragraphs 3, 4 or 5 of Article XI of the Treaty, the
inspection team leader shall, at or before the time notified pursuant to
paragraph 1(a)(iii) of Section IV of this Protocol,
inform the inspected Party at the point of entry through the in-country escort
of the type of inspection and the inspection site, by place-name and geographic
coordinates.
VI.
General Rules for Conducting Inspections
1.
Inspectors shall discharge their functions in accordance with this Protocol.
2.
Inspectors shall not disclose information received during inspections except
with the express permission of the inspecting Party. They shall remain bound by
this obligation after their assignment as inspectors has ended.
3.
In discharging their functions, inspectors shall not interfere directly with
on-going activities at the inspection site and shall avoid unnecessarily
hampering or delaying the operation of a facility or taking actions affecting
its safe operation.
4.
Inspections shall be conducted in accordance with the objectives set forth in
Article XI of the Treaty as applicable for the type of inspection specified by
the inspecting Party under paragraph 1(b) of Section IV or paragraph 7 of
Section V of this Protocol.
5.
The in-country escort shall have the right to accompany and assist inspectors
and aircrew members as considered necessary by the inspected Party throughout
the in-country period. Except as otherwise provided in this
Protocol, the movement and travel of inspectors and aircrew members shall be at
the discretion of the in-country escort.
6.
Inspectors carrying out inspection activities pursuant to paragraph 6 of
Article XI of the Treaty shall be allowed to travel within 50 kilometers from
the inspection site with the permission of the in-country escort, and as
considered necessary by the inspected Party, shall be
accompanied by the in-country escort. Such travel shall be taken solely as a
leisure activity.
7.
Inspectors shall have the right throughout the period of inspection to be in
communication with the embassy of the inspecting Party located within the
territory of the country where the inspection is taking place using the
telephone communications provided by the inspected Party.
8.
At the inspection site, representatives of the inspected facility shall be
included among the in-country escort.
9.
The inspection team may bring onto the inspection site such documents as needed
to conduct the inspection, as well as linear measurement devices; cameras;
portable weighing devices; radiation detection devices; and other equipment, as
agreed by the Parties. The characteristics and method of use of the equipment
listed above, shall also be agreed upon within 30 days
after entry into force of the Treaty. During inspections conducted pursuant to
paragraphs 3, 4, 5(a), 7 or 8 of Article XI of the Treaty, the inspection team
may use any of the equipment listed above, except for cameras, which shall be
for use only by the inspected Party at the request of the inspecting Party.
During inspections conducted pursuant to paragraph 5(b) of Article XI of the Treaty,
all measurements shall be made by the inspected Party at the request of the
inspecting Party. At the request of inspectors, the in-country escort shall
take photographs of the inspected facilities using the inspecting Party's
camera systems which are capable of producing duplicate, instant development
photographic prints. Each Party shall receive one copy of every photograph.
10.
For inspections conducted pursuant to paragraphs 3, 4, 5, 7 or 8 of Article XI
of the Treaty, inspectors shall permit the in-country escort to observe the
equipment used during the inspection by the inspection team.
11.
Measurements recorded during inspections shall be certified by the signature of
a member of the inspection team and a member of the in-country escort when they
are taken. Such certified data shall be included in the inspection report.
12.
Inspectors shall have the right to request clarifications in connection with
ambiguities that arise during an inspection. Such requests shall be made
promptly through the in-country escort. The in-country escort shall provide the
inspection team, during the inspection, with such clarifications as may be
necessary to remove the ambiguity. In the event questions relating to an object
or building located within the inspection site are not resolved, the inspected
Party shall photograph the object or building as requested by the inspecting
Party for the purpose of clarifying its nature and function. If the ambiguity
cannot be removed during the inspection, then the question, relevant
clarifications and a copy of any photographs taken shall be included in the
inspection report.
13.
In carrying out their activities, inspectors shall observe safety regulations
established at the inspection site, including those for the protection of
controlled environments within a facility and for personal safety. Individual
protective clothing and equipment shall be provided by the inspected Party, as
necessary.
14.
For inspections pursuant to paragraphs 3, 4, 5, 7 or 8 of Article XI of the
Treaty, pre-inspection procedures, including briefings and safety-related
activities, shall begin upon arrival of the inspection team at the inspection
site and shall be completed within one hour. The inspection team shall begin
the inspection immediately upon completion of the pre-inspection procedures.
The period of inspection shall not exceed 24 hours, except for inspections
pursuant to paragraphs 6, 7 or 8 of Article XI of the Treaty. The period of
inspection may be extended, by agreement with the in-country escort, by no more
than eight hours. Post-inspection procedures, which include completing the
inspection report in accordance with the provisions of Section XI of this
Protocol, shall begin immediately upon completion of the inspection and shall be
completed at the inspection site within four hours.
15.
An inspection team conducting an inspection pursuant to Article XI of the
Treaty shall include no more than ten inspectors, except for an inspection team
conducting an inspection pursuant to paragraphs 7 or 8 of that Article, which
shall include no more than 20 inspectors and an inspection team conducting
inspection activities pursuant to paragraph 6 of that Article, which shall
include no more than 30 inspectors. At least two inspectors on each team must
speak the language of the inspected Party. An inspection team shall operate
under the direction of the team leader and deputy team leader. Upon arrival at
the inspection site, the inspection team may divide itself into subgroups
consisting of no fewer than two inspectors each. There shall be no more than
one inspection team at an inspection site at any one time.
16.
Except in the case of inspections conducted pursuant to paragraphs 3, 4, 7 or 8
of Article XI of the Treaty, upon completion of the post-inspection procedures,
the inspection team shall return promptly to the point of entry from which it
commenced inspection activities and shall then leave, within 24 hours, the
territory of the country in which the inspection site is located, using its own
airplane. In the case of inspections conducted pursuant to paragraphs 3, 4, 7
or 8 of Article XI of the Treaty, if the inspection team intends to conduct
another inspection it shall either:
(a)
notify the inspected Party of its intent upon return
to the point of entry; or
(b)
notify the inspected Party of the type of inspection
and the inspection site upon completion of the post-inspection procedures. In
this case it shall be the responsibility of the inspected Party to ensure that
the inspection team reaches the next inspection site without unjustified delay.
The inspected Party shall determine the means of transportation and route
involved in such travel.
With
respect to subparagraph (a), the procedures set forth in paragraph 7 of Section
V of this Protocol and paragraphs 1 and 2 of Section VII of this Protocol shall
apply.
VII.
Inspections Conducted Pursuant to Paragraphs 3, 4 or 5 of Article XI of the
Treaty
1.
Within one hour after the time for the specification of the inspection site
notified pursuant to paragraph 1(a) of Section IV of this Protocol, the
inspected Party shall implement pre-inspection movement restrictions at the
inspection site, which shall remain in effect until the inspection team arrives
at the inspection site. During the period that pre-inspection movement
restrictions are in effect, missiles, stages of such missiles, launchers or
support equipment subject to the Treaty shall not be removed from the
inspection site.
2.
The inspected Party shall transport the inspection team from the point of entry
to the inspection site so that the inspection team arrives at the inspection
site no later than nine hours after the time for the specification of the
inspection site notified pursuant to paragraph 1(a) of Section IV of this
Protocol.
3.
In the event that an inspection is conducted in a basing country, the aircrew
of the inspected Party may include representatives of the basing country.
4.
Neither Party shall conduct more than one inspection pursuant to paragraph 5(a)
of Article XI of the Treaty at any one time, more than one inspection pursuant
to paragraph 5(b) of Article XI of the Treaty at any one time, or more than 10
inspections pursuant to paragraph 3 of Article XI of the Treaty at any one
time.
5.
The boundaries of the inspection site at the facility to be inspected shall be
the boundaries of that facility set forth in the Memorandum of Understanding.
6.
Except in the case of an inspection conducted pursuant to paragraphs 4 or 5(b)
of Article XI of the Treaty, upon arrival of the inspection team at the
inspection site, the in-country escort shall inform the inspection team leader
of the number of missiles, stages of missiles, launchers, support structures
and support equipment at the site that are subject to the Treaty and provide
the inspection team leader with a diagram of the inspection site indicating the
location of these missiles, stages of missiles, launchers, support structures
and support equipment at the inspection site.
7.
Subject to the procedures of paragraphs 8 through 14 of this Section,
inspectors shall have the right to inspect the entire inspection site,
including the interior of structures, containers or vehicles, or including
covered objects, whose dimensions are equal to or greater than the dimensions
specified in Section VI of the Memorandum of Understanding for the missiles,
stages of such missiles, launchers or support equipment of the inspected Party.
8.
A missile, a stage of such a missile or a launcher subject to the Treaty shall
be subject to inspection only by external visual observation, including
measuring, as necessary, the dimensions of such a missile, stage of such a
missile or launcher. A container that the inspected Party declares to contain a
missile or stage of a missile subject to the Treaty, and which is not
sufficiently large to be capable of containing more than one missile or stage
of such a missile of the inspected Party subject to the Treaty, shall be
subject to inspection only by external visual observation, including measuring,
as necessary, the dimensions of such a container to confirm that it cannot
contain more than one missile or stage of such a missile of the inspected Party
subject to the Treaty. Except as provided for in paragraph 14 of this Section,
a container that is sufficiently large to contain a missile or stage of such a
missile of the inspected Party subject to the Treaty that the inspected party
declares not to contain a missile or stage of such a missile subject to the
Treaty shall be subject to inspection only by means of weighing or visual
observation of the interior of the container, as necessary, to confirm that it
does not, in fact, contain a missile or stage of such a missile of the
inspected Party subject to the Treaty. If such a container is a launch canister
associated with a type of missile not subject to the Treaty, and declared by
the inspected Party to contain such a missile, it shall be subject to external
inspection only, including use of radiation detection devices, visual observation
and linear measurement, as necessary, of the dimensions of such a canister.
9.
A structure or container that is not sufficiently large to contain a missile,
stage of such a missile or launcher of the inspected Party subject to the
Treaty shall be subject to inspection only by external visual observation
including measuring, as necessary, the dimensions of such a structure or
container to confirm that it is not sufficiently large to be capable of
containing a missile, stage of such a missile or launcher of the inspected
Party subject to the Treaty.
10.
Within a structure, a space which is sufficiently large to contain a missile,
stage of such a missile or launcher of the inspected Party subject to the
Treaty, but which is demonstrated to the satisfaction of the inspection team
not to be accessible by the smallest missile, stage of a missile or launcher of
the inspected Party subject to the Treaty shall not be subject to further
inspection. If the inspected Party demonstrates to the satisfaction of the
inspection team by means of a visual inspection of the interior of an enclosed
space from its entrance that the enclosed space does not contain any missile,
stage of such a missile or launcher of the inspected Party subject to the
Treaty, such an enclosed space shall not be subject to further inspection.
11.
The inspection team shall be permitted to patrol the perimeter of the
inspection site and station inspectors at the exits of the site for the
duration of the inspection.
12.
The inspection team shall be permitted to inspect any vehicle capable of
carrying missiles, stages of such missiles, launchers or support equipment of
the inspected Party subject to the Treaty at any time during the course of an
inspection and no such vehicle shall leave the inspection site during the
course of the inspection until inspected at site exits by the inspection team.
13.
Prior to inspection of a building within the inspection site, the inspection
team may station subgroups at the exits of the building that are large enough
to permit passage of any missile, stage of such a missile, launcher or support
equipment of the inspected Party subject to the Treaty. During the time that
the building is being inspected, no vehicle or object capable of containing any
missile, stage of such a missile, launcher or support equipment of the
inspected Party subject to the Treaty shall be permitted to leave the building
until inspected.
14.
During an inspection conducted pursuant to paragraph 5(b) of Article XI of the
Treaty, it shall be the responsibility of the inspected Party to demonstrate
that a shrouded or environmentally protected object which is equal to or larger
than the smallest missile, stage of a missile or launcher of the inspected
Party subject to the Treaty is not, in fact, a missile, stage of such a missile
or launcher of the inspected Party subject to the Treaty. This may be
accomplished by partial removal of the shroud or environmental protection
cover, measuring, or weighing the covered object or by other methods. If the
inspected Party satisfies the inspection team by its demonstration that the
object is not a missile, stage of such a missile or launcher of the inspected
Party subject to the Treaty, then there shall be no further inspection of that
object. If the container is a launch canister associated with a type of missile
not subject to the Treaty, and declared by the inspected Party to contain such
a missile, then it shall be subject to external inspection only, including use
of radiation detection devices, visual observation and linear measurement, as
necessary, of the dimensions of such a canister.
VIII.
Inspections Conducted Pursuant to Paragraphs 7 or 8 of Article XI of the Treaty
1.
Inspections of the process of elimination of items of missile systems specified
in the Protocol on Elimination carried out pursuant to paragraph 7 of Article
XI of the Treaty shall be conducted in accordance with the procedures set forth
in this paragraph and the Protocol on Elimination.
(a)
Upon arrival at the elimination facility, inspectors shall be provided with a
schedule of elimination activities.
(b)
Inspectors shall check the data which are specified in the notification
provided by the inspected Party regarding the number and type of items of
missile systems to be eliminated against the number and type of such items
which are at the elimination facility prior to the initiation of the
elimination procedures.
(c)
Subject to paragraphs 3 and 11 of Section VI of this Protocol, inspectors shall
observe the execution of the specific procedures for the elimination of the
items of missile systems as provided for in the Protocol on Elimination. If any
deviations from the agreed elimination procedures are found, the inspectors
shall have the right to call the attention of the in-country escort to the need
for strict compliance with the above-mentioned procedures. The completion of
such procedures shall be confirmed in accordance with the procedures specified
in the Protocol on Elimination.
(d)
During the elimination of missiles by means of launching, the inspectors shall
have the right to ascertain by visual observation that a missile prepared for
launch is a missile of the type subject to elimination. The inspectors shall
also be allowed to observe such a missile from a safe location specified by the
inspected Party until the completion of its launch. During the inspection of a
series of launches for the elimination of missiles by means of launching, the
inspected Party shall determine the means of transport and route for the
transportation of inspectors between inspection sites.
2.
Inspections of the elimination of items of missile systems specified in the
Protocol on Elimination carried out pursuant to paragraph 8 of Article XI of
the Treaty shall be conducted in accordance with the procedures set forth in
Sections II, IV or V of the Protocol on Elimination or as otherwise agreed by
the Parties.
IX.
Inspection Activities Conducted Pursuant to Paragraph 6 of Article XI of the
Treaty
1.
The inspected Party shall maintain an agreed perimeter around the periphery of
the inspection site and shall designate a portal with not more than one rail
line and one road which shall be within 50 meters of each other. All vehicles
which can contain an intermediate-range GLBM or longest stage of such a GLBM of
the inspected Party shall exit only through this portal.
2.
For the purposes of this Section, the provisions of paragraph 10 of Article VII
of the Treaty shall be applied to intermediate-range GLBMs
of the inspected Party and the longest stage of such GLBMs.
3.
There shall not be more than two other exits from the inspection site. Such
exits shall be monitored by appropriate sensors. The perimeter of and exits
from the inspection site may be monitored as provided for by paragraph 11
Section VII of this Protocol.
4.
The inspecting Party shall have the right to establish continuous monitoring
systems at the portal specified in paragraph l of this Section and appropriate
sensors at the exits specified in paragraph 3 of this Section and carry out
necessary engineering surveys, construction, repair and replacement of
monitoring systems.
5.
The inspected Party shall, at the request of and at the expense of the
inspecting Party, provide the following:
(a)
all necessary utilities for the construction and
operation of the monitoring systems, including electrical power, water, fuel,
heating and sewage;
(b)
basic construction materials including concrete and
lumber;
(c)
the site preparation necessary to accommodate the
installation of continuously operating systems for monitoring the portal
specified in paragraph l of this Section, appropriate sensors for other exits
specified in paragraph 3 of this Section and the center for collecting data
obtained during inspections. Such preparation may include ground excavation, laying of concrete foundations, trenching between equipment
locations and utility connections;
(d)
transportation for necessary installation tools,
materials and equipment from the point of entry to the inspection site; and
(e)
a minimum of two telephone lines and, as necessary, high frequency radio
equipment capable of allowing direct communication with the embassy of the
inspecting Party in the country in which the site is located.
6.
Outside the perimeter of the inspection site, the inspecting Party shall have
the right to:
(a)
build no more than three buildings with a total floor space of not more than
150 square meters for a data center and inspection team headquarters, and one additional
building with floor space not to exceed 500 square meters for the storage of
supplies and equipment;
(b)
install systems to monitor the exits to include weight
sensors, vehicle sensors, surveillance systems and vehicle dimensional
measuring equipment;
(c)
install at the portal specified in paragraph 1 of this Section equipment for
measuring the length and diameter of missile stages contained inside of launch
canisters or shipping containers;
(d)
install at the portal specified in paragraph 1 of this section non-damaging
image producing equipment for imaging the contents of launch canisters or
shipping containers declared to contain missiles or missile stages as provided
for in paragraph 11 of this Section;
(e)
install a primary and back-up power source; and
(f)
use, as necessary, data authentication devices.
7.
During the installation or operation of the monitoring systems, the inspecting
Party shall not deny the inspected Party access to any existing structures or
security systems. The inspecting Party shall not take any actions with respect
to such structures without consent of the inspected Party. If the Parties agree
that such structures are to be rebuilt or demolished, either partially or
completely, the inspecting Party shall provide the necessary compensation.
8.
The inspected Party shall not interfere with the installed equipment or
restrict the access of the inspection team to such equipment.
9.
The inspecting Party shall have the right to use its own two-way systems of
radio communication between inspectors patrolling the perimeter and the data
collection center. Such systems shall conform to power and frequency
restrictions established on the territory of the inspected Party.
10.
Aircraft shall not be permitted to land within the perimeter of the monitored
site except for emergencies at the site and with prior notification to the
inspection team.
11.
Any shipment exiting through the portal specified in paragraph 1 of this
Section which is large enough and heavy enough to contain an intermediate-range
GLBM or longest stage of such a GLBM of the inspected Party shall be declared
by the inspected Party to the inspection team before the shipment arrives at
the portal. The declaration shall state whether such a shipment contains a
missile or missile stage as large or larger than and as heavy
or heavier than an intermediate-range GLBM or longest stage of such a
GLBM of the inspected Party.
12.
The inspection team shall have the right to weigh and measure the dimensions of
any vehicle, including railcars, exiting the site to ascertain whether it is
large enough and heavy enough to contain an intermediate-range GLBM or longest
stage of such a GLBM of the inspected Party. These measurements shall be
performed so as to minimize the delay of vehicles exiting the site. Vehicles
that are either not large enough or not heavy enough to contain an
intermediate-range GLBM or longest stage of such a GLBM of the inspected Party
shall not be subject to further inspection.
13.
Vehicles exiting through the portal specified in paragraph 1 of this Section
that are large enough and heavy enough to contain an intermediate-range GLBM or
longest stage of such a GLBM of the inspected Party but that are declared not
to contain a missile or missile stage as large or larger than and as heavy or
heavier than an intermediate-range GLBM or longest stage of such a GLBM of the
inspected Party shall be subject to the following procedures.
(a)
The inspecting Party shall have the right to inspect the interior of all such
vehicles.
(b)
If the inspecting Party can determine by visual observation or dimensional
measurement that, inside a particular vehicle, there are no containers or
shrouded objects large enough to be or to contain an intermediate-range GLBM or
longest stage of such a GLBM of the inspected Party, then that vehicle shall
not be subject to further inspection.
(c)
If inside a vehicle there are one or more containers or shrouded objects large
enough to be or to contain an intermediate-range GLBM or longest stage of such
a GLBM of the inspected Party, it shall be the responsibility of the inspected
Party to demonstrate that such containers or shrouded objects are not and do
not contain intermediate-range GLBMs or the longest
stages of such GLBMs of the inspected Party.
14.
Vehicles exiting through the portal specified in paragraph 1 of this Section
that are declared to contain a missile or missile stage as large or larger than
and as heavy or heavier than an intermediate-range GLBM or longest stage of
such a GLBM of the inspected Party shall be subject to the following
procedures.
(a)
The inspecting Party shall preserve the integrity of the inspected missile or
stage of a missile.
(b)
Measuring equipment shall be placed only outside of the launch canister or
shipping container; all measurements shall be made by the inspecting Party
using the equipment provided for in paragraph 6 of this Section. Such
measurements shall be observed and certified by the in-country escort.
(c)
The inspecting Party shall have the right to weigh and measure the dimensions
of any launch canister or of any shipping container declared to contain such a
missile or missile stage and to image the contents of any launch canister or of
any shipping container declared to contain such a missile or missile stage; it
shall have the right to view such missiles or missile stages contained in
launch canisters or shipping containers eight times per calendar year. The
in-country escort shall be present during all phases of such viewing. During
such interior viewing:
(i) the front end of the launch
canister or the cover of the shipping container shall be opened;
(ii)
the missile or missile stage shall not be removed from
its launch canister or shipping container; and
(iii)
the length and diameter of the stages of the missile shall be measured in
accordance with the methods agreed by the Parties so as to ascertain that the
missile or missile stage is not an intermediate-range GLBM of the inspected
Party, or the longest stage of such a GLBM, and that the missile has no more
than one stage which is outwardly similar to a stage of an existing type of
intermediate-range GLBM.
(d)
The inspecting Party shall also have the right to inspect any other containers
or shrouded objects inside the vehicle containing such a missile or missile
stage in accordance with the procedures in paragraph 13 of this Section.
X.
Cancellation of Inspection
An
inspection shall be cancelled if, due to circumstances brought about by force majeure, it cannot be carried out. In the case of a delay
that prevents an inspection team performing an inspection pursuant to
paragraphs 3, 4 or 5 of Article XI of the Treaty, from arriving at the
inspection site during the time specified in paragraph 2 of Section VII of this
Protocol, the inspecting Party may either cancel or carry out the inspection.
If an inspection is cancelled due to circumstances brought about by force majeure, or delay, then the number of inspections to which
the inspecting Party is entitled shall not be reduced.
XI.
Inspection Report
1.
For inspections conducted pursuant to paragraphs 3, 4, 5, 7, or 8 of Article XI
of the Treaty, during post-inspection procedures, and no later than two hours
after the inspection has been completed, the inspection team leader shall
provide the in-country escort with a written inspection report in both the
English and Russian languages. The report shall be factual. It shall include
the type of inspection carried out, the inspection site, the number of
missiles, stages of missiles, launchers and items of support equipment subject
to the Treaty observed during the period of inspection and any measurements
recorded pursuant to paragraph 10 of Section VI of this Protocol. Photographs
taken during the inspection in accordance with agreed procedures, as well as
the inspection site diagram provided for by paragraph 6 of Section VII of this
Protocol, shall be attached to this report.
2.
For inspection activities conducted pursuant to paragraph 6 of Article XI of
the Treaty, within 3 days after the end of each month, the inspection team
leader shall provide the in-country escort with a written inspection report
both in the English and Russian languages. The report shall be factual. It
shall include the number of vehicles declared to contain a missile or stage of
a missile as large or larger than and as heavy or heavier than an
intermediate-range GLBM or longest stage of such a GLBM of the inspected Party
that left the inspection site through the portal specified in paragraph 1 of
Section IX of this Protocol during that month. The report shall also include
any measurements of launch canisters or shipping containers contained in these
vehicles recorded pursuant to paragraph 11 of Section VI of this Protocol. In
the event the inspecting Party, under the provisions of paragraph 14(c) of
Section IX of this Protocol, has viewed the interior of a launch canister or
shipping container declared to contain a missile or stage of a missile as large
or larger than and as heavy or heavier than an intermediate-range GLBM or
longest stage of such a GLBM of the inspected Party, the report shall also
include the measurements of the length and diameter of missile stages obtained
during the inspection and recorded pursuant to paragraph 11 of Section VI of
this Protocol. Photographs taken during the inspection in accordance with
agreed procedures shall be attached to this report.
3.
The inspected Party shall have the right to include written comments in the
report.
4.
The Parties shall, when possible, resolve ambiguities regarding factual
information contained in the inspection report. Relevant clarifications shall
be recorded in the report. The report shall be signed by the inspection team
leader and by one of the members of the in-country escort. Each Party shall
retain one copy of the report.
This
Protocol is an integral part of the Treaty. It shall enter into force on the
date of entry into force of the Treaty and shall remain in force as long as the
Treaty remains in force. As provided for in paragraph 1(b) of Article XIII of
the Treaty, the Parties may agree upon such measures as may be necessary to
improve the viability and effectiveness of this Protocol. Such measures shall
not be deemed amendments to the Treaty.
Done at
For
the
Ronald
Reagan
President
of the
For
the
M.
Gorbachev
General
Secretary of the Central Committee of the CPSU
B
Annex
Provisions
on Privileges and Immunities of Inspectors and Aircrew Members
In
order to exercise their functions effectively, for the purpose of implementing
the Treaty and not for their personal benefit, the inspectors and aircrew
members referred to in Section III of this Protocol shall be accorded the
privileges and immunities contained in this Annex. Privileges and immunities
shall be accorded for the entire in-country period in the country in which an
inspection site is located, and thereafter with respect to acts previously
performed in the exercise of official functions as an inspector or aircrew member.
1.
Inspectors and aircrew members shall be accorded the inviolability enjoyed by
diplomatic agents pursuant to Article 29 of the Vienna Convention on Diplomatic
Relations of
2.
The living quarters and office premises occupied by an inspector carrying out
inspection activities pursuant to paragraph 6 of Article XI of the Treaty shall
be accorded the inviolability and protection accorded the premises of
diplomatic agents pursuant to Article 30 of the Vienna Convention on Diplomatic
Relations.
3.
The papers and correspondence of inspectors and aircrew members shall enjoy the
inviolability accorded to the papers and correspondence of diplomatic agents
pursuant to Article 30 of the Vienna Convention on Diplomatic Relations. In
addition, the aircraft of the inspection team shall be inviolable.
4.
Inspectors and aircrew members shall be accorded the immunities accorded
diplomatic agents pursuant to paragraphs 1, 2 and 3 of Article 31 of the Vienna
Convention on Diplomatic Relations. The immunity from jurisdiction of an
inspector or an 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.
5.
Inspectors carrying out inspection activities pursuant to paragraph 6 of
Article XI of the Treaty shall be accorded the exemption from dues and taxes
accorded to diplomatic agents pursuant to Article 34 of the Vienna Convention
on Diplomatic Relations.
6.
Inspectors and aircrew members of a Party shall be permitted to bring into the
territory of the other Party or a basing country in which an inspection site is
located, 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.
7.
An inspector or aircrew member shall not engage in any professional or
commercial activity for personal profit on the territory of the inspected Party
or that of the basing countries.
8.
If the inspected Party considers that there has been an abuse of privileges and
immunities specified in this Annex, consultations shall be held between the
Parties to determine whether such an abuse has occurred and, if so determined,
to prevent a repetition of such an abuse.
Note: The originals of
the treaty, protocols, and annex were not available for verification of their
content.