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


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