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.
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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.
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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.
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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.
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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.
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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.
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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.
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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, and V of the Protocol on Elimination or as otherwise
agreed by the Parties.
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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 of Section VII of this Protocol.
4. The inspecting
Party shall have the right to establish continuous monitoring systems
at the portal specified in paragraph 1 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 1 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 measure-ments 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.
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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.
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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 11 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 inspection 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.S. GORBACHEV
General Secretary of the Central
Committee of the CPSU
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ANNEX PROVISIONS ON PRIVILEGES AND IMMUNITIES OF
INSPECTORS AND AIRCREW MEMBERS
In order to exercise their function 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 expressed.
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.
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