START FOLLOW-ON NEGOTIATIONS, GENEVA

S E C R E T GENEVA 001216

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DEPT FOR T, VCI AND EUR/PRA
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E.O. 12958: DECL: 12/19/2019
TAGS: KACT MARR PARM PREL RS US START
SUBJECT: START FOLLOW-ON NEGOTIATIONS, GENEVA
(SFO-GVA-VII): (U) U.S.-PROPOSED JOINT DRAFT TEXT OF THE
PROTOCOL, DECEMBER 19, 2009 (CABLE 9 OF 23 CABLES)

REF: A. GENEVA 1208 (SFO-GVA-VII-162 CABLE 1 OF 12 CABLES)

B. GENEVA 1209 (SFO-GVA-VII-162 CABLE 2 OF 12 CABLES)

C. GENEVA 1210 (SFO-GVA-VII-162 CABLE 3 OF 12 CABLES)

D. GENEVA 1211 (SFO-GVA-VII-162 CABLE 4 OF 12 CABLES)

E. GENEVA 1212 (SFO-GVA-VII-162 CABLE 5 OF 12 CABLES)

F. GENEVA 1213 (SFO-GVA-VII-162 CABLE 6 OF 12 CABLES)

G. GENEVA 1214 (SFO-GVA-VII-162 CABLE 7 OF 12 CABLES)

H. GENEVA 1215 (SFO-GVA-VII-162 CABLE 8 OF 12 CABLES)

Classified By: A/S Rose E. Gottemoeller, United States
START Negotiator. Reasons: 1.4(b) and (d).


1. (U) This is SFO-GVA-VII-162.


2. (S) The text at Paragraph 3 is the working document from
which the U.S.-Proposed Joint Draft Text of the Protocol to
the Treaty Between the United States of America and the
Russian Federation on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms dated December 19,
2009 will be prepared. It establishes the baseline for the
next round of the negotiations. Because of the length of the
document, text will be sent as separate cables. This is
Cable 9 of 12 cables.


3. (S) Begin text:

Mobile Missile Issues


1. Notification, no later than 30 days after entry into
force of the Treaty, providing the data from the unique
identifier for each ICBM for mobile launchers of ICBMs
existing as of the date of entry into force of the Treaty.


2. Notification, no less than 24 hours in advance, of the
departure of each deployed mobile launcher of ICBMs and its
associated missile from a restricted area, or other facility,
for a relocation


3. Notification, no later than 48 hours after the arrival of
each deployed mobile launcher of ICBMs and its associated
missile at its destination, of the completion of the
relocation


4. Notification of change in information regarding the
departure of each deployed mobile launcher of ICBMs and its
associated missile for relocation.

Throw Weight Issues


1. Notification, no less than seven days in advance of the
eighth flight test of an ICBM or SLBM of each new type, of
data about that ICBM or SLBM.


2. Notification, no less than 45 days in advance of each
flight test, of data about such a flight test.


3. Notification, no later than five days after an ICBM or
SLBM of a new type first becomes subject to the limitations
provided for in Article II of the Treaty, of data about that
ICBM or SLBM.


4. Notification, no later than five days after the flight
test of an ICBM or SLBM during which a throw-weight greater


than its declared throw-weight was demonstrated, of data
about that ICBM or SLBM.

Display in the Open


1. Notification containing a request for a display in the
open of all mobile launchers of ICBMs located within
specified restricted areas


2. Notification containing a request for a display in the
open of all deployed heavy bombers equipped for nuclear
armaments located within a specified air base


3. Notification, no later than 12 hours after receipt of a
request pursuant to subparagraph XX of Section XX, concerning
heavy bombers equipped for nuclear armaments that cannot be
displayed on request because they are not readily movable due
to maintenance or operations.


4. Notification, no later than 12 hours after receipt of a
request pursuant to paragraph XX of Section XX, of the
cancellation due to circumstances brought about by force
majeure of the display in the open of mobile launchers of
ICBMs located within specified restricted areas or within
specified parking sites or of heavy bombers equipped for
nuclear armaments located at a specified air base

Telemetry


1. Notification, no less than 30 days in advance of the
demonstration pursuant to subparagraph 4(b) of Section I of
the Telemetry Protocol, of the proposed date and place of the
demonstration of the recording media or appropriate equipment
to play back the telemetric information recorded on those
media


2. Notification, following the demonstration provided for in
subparagraph 4(a) or 4(b) of Section I of the Telemetry
Protocol, of the request for the opportunity to acquire
playback equipment pursuant to subparagraph 4(c) of Section I
of the Telemetry Protocol


3. Notification pursuant to paragraph 3 of Section I of the
Telemetry Protocol, no later than 60 days after receipt of
recording media that contain a recording of telemetric
information, of the determination by the Party that has
received the recording media of the incompleteness or
insufficient quality of telemetric information recorded on
the recording media that do not allow for the processing of
such information


4. Notification, no less than 30 days in advance of a flight
test after entry into force of the Treaty of an ICBM or SLBM
on which encryption of telemetric information will be carried
out pursuant to subparagraph XXX) of Section XXX of the XXX


5. Notification containing a request regarding training,
maintenance, spare parts, and replacement parts for telemetry
equipment


6. Notification containing a response to a request regarding
training, maintenance, spare parts, and replacement parts for
telemetry equipment




Notification of acceptance of r change to the proposed point
of entry, and proposed date of arrival of the team or of the
delivery of spare parts or replacement parts at the point of
entry, or cancellation of a request regarding telemetry

SFO-VII
Conforming Group
JDT
December 17, 2009

Protocol to the Treaty

PART FIVE - INSPECTION ACTIVITIES

Section I. General Provisions


1. For the purpose of helping to ensure verification of
compliance with the provisions of the Treaty, each Party
shall facilitate the conduct of inspection activities by the
other Party in accordance with the provisions of this Part.


2. Each Party shall have the right to begin inspection
activities 60 days after entry into force of the Treaty and
to conduct them thereafter.


3. Each Party shall provide to the other Party notifications
relating to inspection activities as provided for in Part
Four of this Protocol.


4. Each Party shall have the right to conduct no more than
one inspection on the territory of the inspected Party at any
one time.

Section II. Provisions Concerning the Legal Status of
Inspectors, and Aircrew Members


1. Inspection activities shall be conducted by inspectors.
Inspectors shall be transported to and from the territory of
the inspected Party by inspection airplanes, commercial
flights, and Open Skies airplanes.


2. The list of inspectors shall not contain at any one time
more than 300 individuals. The number of individuals on the
list of aircrew members shall be determined at the discretion
of each Party, based on the premise that the number of
aircrew members for each inspection airplane shall not exceed
ten. Inspectors and aircrew members shall be citizens of the
inspecting Party.


3. Each Party shall have the right to amend its lists of
inspectors and aircrew members no more than once in each
45-day period. With each change, the number of inspectors
whose names are entered in the list of inspectors shall not
exceed 30, and the number of aircrew members whose names are
entered in the list of aircrew members shall not exceed 25.
The Party receiving notification of an amendment to the list
of inspectors or aircrew members shall provide notification
in accordance with Part Four of this Protocol to the other
Party of its agreement with or objection to the designation
of each such inspector or aircrew member.


4. For each proposed inspector and aircrew member, the lists


shall contain first name, middle name or patronymic, and last
name; day, month, and year of birth; city, state or oblast,
and country of birth; and passport number, if available.


5. The initial exchange of lists of inspectors and aircrew
members shall take place no later than 25 days after entry
into force of the Treaty. No later than 30 days after the
initial exchange of lists or after receipt of a notification
of amendments to the lists of inspectors or aircrew members,
the Party receiving such lists or proposed amendments there
to shall provide visas and, where necessary, such other
documents to each individual to whom it has agreed, as may be
required to ensure that each inspector or aircrew member may
enter, remain in, and leave the territory of that Party
throughout the in-country period. The inspected Party shall
ensure that such visas and appropriate documents shall be
valid for a period of at least 24 months, and the inspecting
Party shall ensure that persons receiving such visas and
appropriate documents shall use them only for the purpose of
conducting inspection activities in accordance with the
provisions of this Part.


6. An individual on the list of inspectors may be objected
to only if that individual is under indictment for a criminal
offense on the territory of the inspected Party, if that
individual has been convicted in a criminal prosecution or
expelled by the Party reviewing the list, or if that person
has been previously deleted from the list at the request of
the inspected Party for having violated the conditions
governing the conduct of inspection activities as provided
for in this Part. An individual on the list of aircrew
members may be objected to if that individual is found
unacceptable by the Party reviewing the list. The Party
making such an objection shall so notify the other Party in
accordance with Part Four of this Protocol. Individuals who
are objected to shall be deleted from the lists.


7. 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 shall be accorded
the following privileges and immunities for the entire time
the inspectors or aircrew members are within the territory of
the other Party:

(a) Such personnel shall be accorded the inviolability
enjoyed by diplomatic agents in accordance with Article 29 of
the Vienna Convention on Diplomatic Relations of April 18,
1961, and the immunities accorded to diplomatic agents in
accordance with paragraphs 1, 2, and 3 of Article 31 of that
Convention.

(b) The papers and correspondence of such personnel
shall enjoy the inviolability accorded to the papers and
correspondence of diplomatic agents in accordance with
Article 30 of the Vienna Convention on Diplomatic Relations.

(c) Inspection airplanes transporting inspection teams
to and from the points of entry shall be inviolable.

(d) Inspectors and aircrew members shall have the right
to bring into the territory of the inspected Party, without
payment of any customs duties or related taxes or charges,
articles for their personal use, provided, however, that they


shall not be permitted to bring into the territory of the
inspected Party any articles, the import or export of which
is prohibited by law or controlled by quarantine regulations
of the inspected Party.

(e) If the inspected Party considers that there has been
an abuse of privileges and immunities provided for in this
paragraph, consultations shall be held between the Parties to
determine whether such an abuse has occurred. If it is
determined that such an abuse has occurred, the inspecting
Party shall take necessary measures to prevent a repetition
of such an abuse.

(f) During their stay in the territory of the inspected
Party, without prejudice to the privileges and immunities
provided for in this paragraph, inspectors and aircrew
members shall be obliged to respect the laws and regulations
of the inspected Party, shall be obliged not to interfere in
its internal affairs, and shall not engage in any
professional or commercial activity for personal profit on
the territory of the inspected Party.


8. Following the completion of their official functions on
the territory of the inspected Party, with respect to acts
performed by inspectors and aircrew members in the exercise
of their official functions, the immunity of such personnel
shall continue to apply in accordance with paragraph 2 of
Article 39 of the Vienna Convention on Diplomatic Relations.

Section III. Arrangements for Air Transportation


1. Each Party shall establish on its territory two points of
entry. The points of entry, airports associated with them,
and their associated inspection sites shall be listed in Part
Two of this Protocol.


2. The inspecting Party shall have the right to use agreed
types of inspection airplanes for the transportation of
inspectors to the points of entry on the territory of the
inspected Party. Such airplanes may, at the same time that
they are transporting inspectors, carry equipment intended
for inspection activities. The inspecting Party shall
provide the relevant notification of each flight of an
inspection airplane transporting inspectors.


3. The inspecting Party shall have the right to use
airplanes making regularly scheduled commercial flights to
transport inspectors to those points of entry that are served
by such airplanes. The provisions of this Part shall not
apply to airplanes making regularly scheduled commercial
flights that are used for the transportation of inspectors to
points of entry, or their aircrews.


4. Each Party may use Open Skies airplanes making
observation flights over the territory of the inspected Party
for the transportation of inspectors to and/or from the
points of entry so long as the inspecting Party complies with
the provisions provided for in paragraph 19 of Section V of
this Part.


5. The routes for flights of inspection airplanes to and
from the points of entry shall be listed in Part Two of this
Protocol. Flight plans shall be filed in accordance with the


procedures specified in Part Four of this Protocol.


6. The inspected Party shall provide parking, security
protection, fueling, air navigation, airport facility, ground
technical and commercial services, as well as additional
services as requested, for inspection airplanes of the
inspecting Party at the point of entry. The cost of fueling,
air navigation, airport facility, ground technical and
commercial services, and parking and security for each such
airplane, as well as additional services as requested, shall
be borne by the inspecting Party.

Section IV. Activities Beginning Upon Arrival at the Point
of Entry


1. Inspection teams and aircrew members shall arrive at the
point of entry on the territory of the inspected Party that
is associated with the inspection site. Upon arrival at the
point of entry, the in-country escort shall meet the
inspection team and aircrew members and shall expedite their
entry and the entry of their baggage and equipment intended
for inspections, which shall be exempt from all custom duties
and taxes. The in-country escort shall accompany the
inspection team and assist it in exercising its functions
during the entire period it is are in the territory of the
inspected Party. Storage of equipment and supplies at each
point of entry shall be within a secure structure or room.


2. As soon as an airplane lands, diplomatic officials from
the embassy or consulate of the inspecting Party shall also
meet the inspection team and aircrew members. Diplomatic
officials may accompany inspectors only during their stay at
the point of entry, but may accompany the aircrew members
during the entire period they are in the territory of the
inspected Party.


3. An inspector shall be considered to have assumed the
duties of an inspector upon arrival at the point of entry on
the territory of the inspected Party and shall be considered
to have ceased performing those duties after departure from
the territory of the inspected Party through the point of
entry.


4. Equipment that the inspecting Party brings into the
country shall be subject to examination each time they are
brought into that country. Such equipment shall be examined
by the in-country escort, in the presence of inspectors. The
purpose of such examination shall be to ascertain to the
satisfaction of each Party that the equipment cannot perform
functions unconnected with the requirements of inspections.
The examination of the equipment shall be completed prior to
the departure of the inspection team from the point of entry
for the site where inspection activities are to take place.
The list of inspection equipment and the procedures for its
examination and use shall be specified in the Annex on
Inspection Activities to this Protocol.


5. At the point of entry, the inspection team leader shall
at or before the time for the designation of the inspection
site specified in the notification provided in accordance
with Part Four of this Protocol, designate in writing to the
inspected Party through the in-country escort the type of
inspection and the specific site of the inspection activity.




6. For Type One inspections:

(a) A member of the in-country escort shall inform the
inspection team leader no later than two hours after
designation of the inspection site of the number of deployed
ICBMs, deployed SLBMs, or deployed heavy bombers currently
located at the designated base.

(b) If at the designated base, less than 50 percent of
the deployed ICBMs based at the base are present, less than
30 percent of SLBMs launchers based at the base are present,
or less than 70 percent of the heavy bombers based at the air
base for heavy bombers equipped for nuclear armaments are
present, no later than one hour after such notification, the
inspection team leader shall have the right to:

(i) inform the member of the in-country escort that
the inspection of the designated base shall take place; or

(ii) designate another inspection site associated
with the same point of entry; or

(iii) decline to conduct the inspection and leave
the territory of the inspected Party. In this case the
number of such inspections to which the inspecting Party is
entitled shall not be reduced.

(c) For sequential inspections, the procedures provided
for in subparagraphs (a) and (b) above shall be carried out
at the location at which the inspection team leader
designates the subsequent inspection site.


7. The activities of inspection teams on the territory of
the inspected Party may be covered by the mass media only at
the point of entry. The inspected Party shall determine the
appropriate procedures.

(( ))1 Proposed by the United States
(( ))2 Proposed by the Russian Federation

End text.


4. (U) Gottemoeller sends.
GRIFFITHS