JCIC-DIP-08-007: SATISFYING START TREATY ARTICLE

S E C R E T STATE 112253 GENEVA FOR JCIC E.O. 12958: DECL: 10/17/2018 TAGS: PARM KACT START JCIC US RS UP BO KZ SUBJECT: JCIC-DIP-08-007: SATISFYING START TREATY ARTICLE XVII REQUIREMENT TO MEET TO CONSIDER WHETHER TO EXTEND START REF: A. STATE 104946 (ANC/STR 08-840/136) ¶B. STATE 108707 (BNC/STR 08-18/136) ¶C. STATE 103412 (RNC/STR 08-323/135) ¶D. STATE 107569 (UNC/STR 08-17/137) ¶E. GENEVA 000601 (JCIC-XXXII-016) Classified By: JERRY TAYLOR, DIRECTOR, VCI/SI, REASONS 1.4 B AND D. ¶1. (U) This is an action cable (See paragraph 5). ¶2. (U) BACKGROUND: In accordance with paragraph 2 of Article XVII of the START Treaty, no later than December 5, 2008, the United States, Belarus, Kazakhstan, the Russian Federation, and Ukraine must "meet to consider" whether the START Treaty will be extended for a period of five years; however, there is no requirement for a decision at that meeting. Washington, Minsk, Moscow, and Kyiv have all included on the agenda for Joint Compliance and Inspection Commission (JCIC)-XXXIII, the topic " Meeting of the Parties, as provided for in Paragraph 2 of Article XVII of the Treaty" (Refs A, B, C, and D). ¶3. (S) In a March 7, 2006 Aide-Memoire, the Russian Foreign Minister stated, "we are not inclined to extend START in its current form." In a May 15, 2006 letter to FM Lavrov, Secretary Rice responded, "We agree with your March 7 aide-memoire that START should not be extended, though some provisions of that treaty might be carried forward. Which, if any of these - and in what form -- remains to be determined by our negotiators." ¶4. (S) During the July 2008 session of the JCIC, the Heads of Delegation for the U.S., Belarus, Kazakhstan, Russia, and Ukraine met (Ref E) and agreed that, according to Paragraph two, Article XVII of the Treaty, a meeting to consider the extension of the START Treaty must be held prior to December 5, 2008, and that the exact format, timing, level of representation and terms of the meeting remain to be agreed via diplomatic channels. Only the Ukrainian Delegation expressed a definite position on Treaty extension, noting it would like START to be extended in order ensure that the elimination of the SS-24, in Ukraine was completed. ¶5. (S) ACTION REQUEST: Washington believes it is necessary to remind the other Treaty Parties that the meeting of the START Treaty's JCIC in November, 2008, will satisfy the Treaty's Article XVII requirement to meet to consider whether to extend START, and that the representatives of the Parties should come to the meeting with the authority of their respective governments to satisfy this requirement. Embassies Moscow, Kyiv, and Astana are requested to provide the points contained in paragraph 6 to appropriate host government officials in the form of a diplomatic note. Washington will provide each embassy a courtesy Russian-language translation of these points as well as the English-language text. The text in paragraph 6 will be sent as a service message via the NRRC's Continuous Communications Link with the Belarusian Ministry of Defense. Each embassy is requested to confirm the delivery of the points, the name and office of the official to whom it was delivered, the date of the delivery, and any comment/reaction provided at that time. ¶6. (S/Releasable to Belarus, Kazakhstan, the Russian Federation, and Ukraine) - Paragraph 2 of Article XVII of the START Treaty does not specify the format, level of representation, or terms of the obligatory meeting to consider whether to extend START. However, this meeting must include a representative from all five Parties to the Treaty who has the authority to fulfill that Party's Treaty obligation to "meet to consider whether this Treaty will be extended." - The United States believes holding such a meeting during the November 2008 session of the Joint Compliance and Inspection Commission, as proposed by the United States and Russia, will ensure the availability of experts knowledgeable in the requirements of the Treaty, and an appropriate level of specifically authorized representation by all Parties; however, there is no requirement for a decision to extend the START Treaty at that meeting, and in the view of the United States, no decision on extension should be taken at this meeting. End text. RICE NNNN End Cable Text