CFE: TURKEY SUBMITS REVISED TEXT INCORPORATING USG

UNCLAS SECTION 01 OF 03 ANKARA 004688

SIPDIS

E.O. 12958: N/A
TAGS: PARM KCFE PREL TU NATO
SUBJECT: CFE: TURKEY SUBMITS REVISED TEXT INCORPORATING USG
SUGGESTED CHANGES

REF: A. STATE 118875

B. ANKARA 2831


1. This is an action request. Post received via Diplomatic
Note on Aug. 4 Turkey's latest proposed text for a CFE Host
Country Agreement for implementing Treaty inspections. The
proposed text appears to replicate the draft protocol text
contained in reftel A, including the Article IV changes
proposed by Turkey (ref b) -- with the exception of the final
paragraph under Article IV regarding US mission concurrence.
Action Request: Post requests Department confirmation of the
acceptability of this text. Once received, post will notify
the MFA of USG concurrence via a Dip Note containing the full
text of the agreement. End action request.


2. Begin Text of CFE Protocol Text Contained in Dip Note
6782, received on August 4:


I.

In accordance with the CFE Protocol on Inspection the
following procedures shall apply whenever the Republic of
Turkey receives a notification from an inspecting State Party
about the latter State Party's intent to conduct (an)
inspection(s) pursuant to Section VII or VIII of the CFE
Protocol on Inspection on the territory of the Republic of
Turkey:

- In accordance with the Section V, paragraph 2 of the CFE
Protocol on Inspection, the United States shall provide a
liaison team of up to three officials to the escort team of
the Republic of Turkey at the time of arrival of the
inspection team at the point of entry whenever the notified
point of entry is Adana, from which an inspection could be
declared for the equipment or facilities.

- If, immediately after arrival at the point of entry an
inspection is declared for the covered equipment or
facilities, the United States liaison team (hereinafter
referred to as "the liaison team") shall accompany the escort
team through the duration of the inspection of the covered
equipment or facilities. In the case of challenge
inspections, should there be any premises utilized by the
United States by agreement with the Republic of Turkey other
than the declared sites within the specified area, the
liaison team will accompany the escort team only during the
inspection of such premises. If the inspection site(s)
indicated by the inspecting state at the point of entry
contain(s) no covered equipment of facilities, the liaison
team shall depart to the nearest or most convenient location
which contains covered equipment or facilities, and shall be
available at such a location until the conclusion of that
inspection to ensure the liaison team's continued
communication with the escort team. If a sequential
inspection is declared by the inspecting state that involves
a declared site or a specified area which contains covered
equipment or facilities, the escort team leader will inform
the U.S. liaison team and accompany it throughout that
inspection. The same procedures shall be followed for
subsequent sequential inspections.

- If an inspection is declared for the covered equipment or
facilities, or in the case of challenge inspections, should
there be any premises utilized by the United States by
agreement with the Republic of Turkey other than the declared
sites within the specified area, the equipment and supplies
that the inspecting party brings into the territory of the
Republic of Turkey pursuant to Section V, paragraphs 5, 6 and
7 of the CFE Protocol on Inspection, will be examined by the
escort team in cooperation with the liaison team prior to the
pre-inspection briefing.

- If an inspection is declared for the covered equipment or
facilities, or in the case of challenge inspections, when the
Republic of Turkey is notified by the inspecting State Party
of the location of the inspection site, initial or
sequential, or of the specified area, the Republic of Turkey
shall immediately inform the United States and, if
appropriate, the liaison team of the location of the
inspection site or the specified area.

- The United States shall confirm with the Republic of Turkey
whether covered equipment or facilities are present within
the declared site or the specified area.

- The liaison team shall play no role on the escort team,
except as specified elsewhere in this Note, until covered
equipment or facilities are encountered during an inspection
of a declared site or during an inspection within a specified
area.

- The United States shall make all necessary arrangements, in
cooperation with the Republic of Turkey for the timely
provision of the liaison team in order to avoid undue delay
in the commencement of the inspection.

- The liaison team shall be furnished transportation,
communications, lodging, meals, work space, and, as
necessary, medical care or any other necessary and available
assistance by the Republic of Turkey. The United States of
America shall bear the expenses for all of the above services
furnished by the Republic of Turkey to the liaison team.

II.

During inspections for the covered equipment or facilities:

- The right to refuse or accept challenge inspections within
specified areas shall be exercised by the Republic of Turkey.

- The leader of the escort team shall be a representative of
the Republic of Turkey.

- Covered equipment or facilities shall not be inspected
unless a representative of the United States is present on
the escort team. During the inspection of the premises
utilized by the United States of America the representatives
of the United States will take all necessary measures in
accordance with the CFE Protocol on Inspection so that the
inspection can be completed in a smooth and expeditious
manner. Should the inspection team split into sub-teams, the
leader of the escort team may require the presence of a
member of the liaison team in each sub-team.

- The liaison team shall exercise the rights and obligations
set forth in Section II, paragraph 4 of the CFE Protocol on
Inspection of the inspected State Party with respect to
application to the covered equipment or facilities of
provisions such as the designation of sensitive points,
shrouding, and other access control provisions specified in
the CFE Protocol on Inspection. If an inspection is declared
for such structures and premises, or in the case of challenge
inspections, should there be such structures and premises
within the specified area, the members of the liaison will
inform the leader of the escort team at least 2 hours in
advance of the pre-inspection briefing whether any sensitive
points may be encountered during the inspection. As soon as
the United States liaison officer is aware of an intention to
inspect a location that includes a sensitive point, he will
inform the respective Turkish sub-team leader of the
sensitive point. The designation of a sensitive point will
be made by the leader of the respective escort team at the
point in time access is requested by the inspection team.
Additionally, any ambiguity arising between the inspection
team and the escort team concerning the applicability of the
principles of the CFE Treaty shall be dealt with by the
escort team leader of the Republic of Turkey. If such
ambiguity is related to the applicability of the CFE Treaty
to covered equipment or facilities, communications regarding
the clarification of such ambiguity shall be conveyed to the
inspection team by the escort team leader of the Republic of
Turkey in cooperation with the senior member of the liaison
team.

- The United States shall provide the Republic of Turkey with
appropriate information for the preparation of site diagrams
for the covered equipment or facilities. In addition, the
representatives of the United States shall provide the leader
of the escort team with updated information in line with the
CFE Protocol on Notification and Exchange of Information, on
the conventional armaments and equipment subject to the CFE
Treaty which are present at the inspection site, or located
within the specified area in the case of challenge
inspections, at least 2 hours in advance of the
pre-inspection briefing.

- The Republic of Turkey shall provide the liaison team a
copy of the site diagram in advance of the inspection to
facilitate preparation by the armed forces of the United
States for the inspection. Pre-inspection briefings, if any,
shall be presented by the representatives from the Republic
of Turkey. Members of the liaison team shall be present at
the pre-inspection briefing to answer any questions which
might arise concerning covered equipment or facilities at the
inspection site or located within the specified area, in the
case of challenge inspections.

- The language used during the inspection shall be English,
as notified by the Republic of Turkey. The Republic of
Turkey shall be responsible for providing or arranging for
all services described in section V, paragraph 8, of the CFE
Protocol on Inspections.

III.

Amendments to the above procedures may be made at any time by
mutual agreement of the Parties.

IV.

If the aforementioned proposal is acceptable, the Ministry of
Foreign Affairs of the Republic of Turkey further proposes
that this Note, together with the reply of the Embassy of the
United States of America to that effect and the procedures
set out above shall apply exclusively to inspections
conducted for the covered equipment or facilities on the
territory of the Republic of Turkey in accordance with the
CFE Protocol on Inspection and shall constitute an agreement
between the two Governments which shall enter into force on
the date of the later of the notes by which the parties
inform each other that the legal requirements necessary for
entry into force have been completed and shall remain in
force so long as the covered equipment or facilities shall be
located in the territory of the Republic of Turkey.


V.

The provisions of this Note and the reply of the Embassy of
the United States of America, which shall constitute an
agreement are without prejudice to the CFE and CFE Protocol
on Inspection.

End Text.
MCELDOWNEY