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

 

December 8, 1987

 

The United States of America and the Union of Soviet Socialist Republics, hereinafter referred to as the Parties,

 

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 Union of Soviet Socialist Republics on the Establishment of Nuclear Risk Reduction Centers of September 15, 1987.

 

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 United States of America, these units shall be Pershing II batteries and BGM - 109G flights. For the Union of Soviet Socialist Republics, these units shall be SS - 20 regiments composed of two or three battalions.

 

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 Washington on December 8, 1987, in two copies, each in the English and Russian languages, both texts being equally authentic.

 

For the United States of America:

 

Ronald Reagan

 

President of the United States of America

 

For the Union of Soviet Socialist Republics:

 

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 United States of America:

 

Pershing II: missile, launcher and launch pad shelter;

 

BGM - 109G: missile, launch canister and launcher;

 

Pershing IA: missile and launcher; and

 

Pershing IB: missile.

 

2. For the Union of Soviet Socialist Republics:

 

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 United States and Soviet intermediate-range and shorter-range missiles and their associated reentry vehicles shall be eliminated within an agreed overall period of elimination. It is further agreed that all such missiles shall, in fact, be eliminated fifteen days prior to the end of the overall period of elimination. During the last fifteen days, a Party shall withdraw to its national territory reentry vehicles which, by unilateral decision, have been released from existing programs of cooperation and eliminate them during the same timeframe in accordance with the procedures set forth in this Section.

 

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 Washington on December 8, 1987, in two copies, each in the English and Russian languages, both texts being equally authentic.

 

For the United States of America:

 

Ronald Reagan

 

President of the United States of America

 

For the Union of Soviet Socialist Republics:

 

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 Washington on December 8, 1987, in two copies, each in the English and Russian languages, both texts being equally authentic.

 

For the United States of America:

 

Ronald Reagan

 

President of the United States of America

 

For the Union of Soviet Socialist Republics:

 

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 April 18, 1961.

 

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.