START FOLLOW-ON NEGOTIATIONS, GENEVA

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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 11 OF 12 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)

I. GENEVA 1216 (SFO-GVA-VII-162 CABLE 9 OF 12 CABLES)

J. GENEVA 1217 (SFO-GVA-VII-162 CABLE 10 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 11 of 12 cables.


3. (S) Begin text:

Section VII. Inspections of Non-Deployed Strategic Offensive
Arms, Deployed Heavy Bombers at Conversion or Elimination
Facilities, and Formerly Declared Strategic Offensive Arms
Facilities Conducted in Accordance with Paragraph 3 of
Article XI of the Treaty (Type Two Inspections)


1. Each Party shall have the right to conduct Type Two
inspections at ICBM loading facilities; SLBM loading
facilities; storage facilities for ICBMs, SLBMs, and mobile
launchers of ICBMs; repair facilities for ICBMs, SLBMs, and
mobile launchers of ICBMs; test ranges; training facilities;
((and))1 conversion or elimination facilities for ICBMs,
SLBMs, mobile launchers of ICBMs, and conversion or
elimination facilities for deployed heavy bombers((.))1 ((;
and air bases for heavy bombers equipped for non-nuclear
armaments.))2 The purpose of such inspections shall be to
confirm the accuracy of declared technical characteristics
and data, specified for such facilities, on the numbers and
types of non-deployed ICBMs and non-deployed SLBMs, first
stages of ICBMs and SLBMs,non-deployed ICBMs, ((and))1
deployed heavy bombers ((; and to confirm that strategic
offensive arms have been converted or eliminated))2.

In addition, each Party shall have the right to conduct Type
Two inspections at formerly declared facilities, which are
listed in Part Two of this Protocol and that were inspectable
prior to their elimination, to confirm that these facilities
are not being used for purposes inconsistent with the Treaty.


2. Each Party shall have the right to conduct a total of no
more than eight Type Two inspections each year, with no more
than two such inspections each year at the same facility.
Inspections of formerly declared strategic offensive arms
facilities may be conducted beginning 60 days after


notification of the elimination of the facility has been
provided, in accordance with Part Four of this Protocol.


3. No later than one hour after the time for the designation
of the inspection site specified in the notification provided
earlier for such an inspection in accordance with Part Four
of this Protocol, the inspected Party shall implement the
following pre-inspection restrictions at the inspection site,
which shall remain in effect until the pre-inspection
procedures are completed:

(a) For facilities other than facilities specified in
subparagraph (b) below, the following items shall not be
removed from the inspection site: non-deployed ICBMs and
non-deployed SLBMs; first stages of ICBMs and SLBMs;
non-deployed launchers of ICBMs; containers, launch
canisters, and closed vehicles large enough to contain an
item of inspection of the inspected Party; and covered
objects large enough to contain or to be an item of
inspection of the inspected Party.

(b) For conversion or elimination facilities for heavy
bombers, heavy bombers located at the inspected facility
shall not leave the inspection site.


4. Upon arrival at the inspection site, a member of the
in-country escort shall inform the inspection team leader in
writing of the numbers, and, as applicable, type, category,
variant, and version of non-deployed ICBMs, non-deployed
SLBMs, first stages of ICBMs or SLBMs, test launchers,
training launchers, non-deployed launchers of ICBMs, and
heavy bombers at this inspection site at the time
pre-inspection restrictions went into effect. At the same
time, the member of the in-country escort shall provide the
inspection team leader with one copy of the site diagram of
the inspection site, annotated, if applicable, to indicate
the location of such items and the structures or vehicles in
which they are located. If any of the items specified in
Part Two of this Protocol for an inspection site are absent
from the inspection site at the time of the arrival of the
inspection team at the inspection site, a member of the
in-country escort shall inform the inspection team leader of
the type and, if applicable, varia
nt, and the reason for the absence of each such item.


5. For all facilities listed in paragraph 1 of this Section,
other than conversion or elimination facilities for heavy
bombers, the procedures for which are provided in paragraph 6
of this Section, the inspectors shall have the right, in
accordance with procedures provided for in the Annex on
Inspection Activities to this Protocol, to inspect within the
boundaries of the inspection site, including the structures
large enough to contain an item of inspection.

For test ranges the same procedures shall apply, with the
following exceptions:

(a) In carrying out the procedures provided for in the
Annex on Inspection Activities to this Protocol, the
inspected Party shall not be required to remove non-deployed
ICBMs or non-deployed SLBMs from test launchers or soft-site
launchers. Such non-deployed ICBMs or non-deployed SLBMs
shall not be subject to measurement;



(b) For test silo launchers, regardless of where they
are shown on the site diagram of the test range, the
inspection team shall have the right to inspect, at its
choice, no more than one silo launcher of ICBMs that the
inspected Party declares not to contain an ICBM or a training
model of a missile. Inspection of such a silo launcher of
ICBMs shall be conducted in accordance with the procedures
provided for in the Annex on Inspection Activities to this
Protocol for the purpose of confirming that it does not
contain an ICBM; and

(c) For launch canisters, the inspection team shall have
the right to confirm that all launch canisters located within
the boundaries of the inspection site that are declared to be
empty are, in fact, empty.


6. For conversion or elimination facilities for heavy
bombers:

(a) The inspecting Party shall have the right to inspect
all heavy bombers located at the facility at the time
pre-inspection restrictions went into effect. Such
inspections shall be conducted to confirm the data on the
numbers by type and, if applicable, category and variant, of
these heavy bombers;

(b) Inspections of heavy bombers shall be conducted as
provided for in the Annex on Inspection Activities to this
Protocol; and

(c) For inspections at such facilities, the item of
inspection shall be a heavy bomber. For structures within
the boundaries of the inspection site large enough to contain
an item of inspection, inspectors shall have the right to
ascertain whether or not that structure contains a heavy
bomber.


7. For conversion or elimination facilities for ICBMs,
SLBMs, or mobile launchers of ICBMs, the inspection team
shall have the right to confirm that all launch canisters
located within the boundaries of the inspection site declared
to be empty are, in fact, empty.

((8. Inspectors shall have the right to read the data from
the unique identifiers on all ICBMs and SLBMs located at the
inspection site except for such ICBMs and SLBMs located in
test launchers and soft site launchers of ICBMs or SLBMs.))1

((9))1 ((8))2. Notwithstanding any other provisions of this
Part, silo training launchers of ICBMs and test heavy bombers
shall not be subject to inspection.


10. The inspection team shall have the right to confirm that
ICBMs or SLBMs declared to be training models of missiles are
training models of missiles based on differences specified
in Part Two of this Protocol unless such items are located in
silo training launchers.

Section VIII. Exhibitions


1. Exhibitions shall be conducted at the invitation of the
Party conducting the exhibition, separately from inspections,


in the time period and location chosen by the Party
conducting the exhibition, and in accordance with the Annex
on Inspection Activities to this Protocol.


2. Each Party shall conduct exhibitions, and shall have the
right to take part in exhibitions conducted by the other
Party, to demonstrate the distinguishing features and to
confirm technical characteristics of each new type, variant,
or version of an ICBM, SLBM, ((deployed heavy bomber,))1 or,
as set forth in Section VII of Part Two of this Protocol, an
ICBM launcher, at the times specified in relevant
notifications. If a Party declares ((such))1 a type,
variant, or version of strategic offensive arm prior to or at
the time of entry into force of this Treaty for which no
exhibition had been previously conducted in conjunction with
fulfilling the requirements of the START Treaty, that Party
shall conduct an exhibition. Such an exhibition shall be
conducted no later than the date on which inspection
activities begin, as provided for in Section I of this Part.


3. Each Party shall conduct exhibitions, and shall have the
right to take part in exhibitions conducted by the other
Party, to demonstrate the results of the conversion of the
first item of a type of ICBM launcher, SLBM launcher, or
heavy bomber equipped for nuclear armaments that was
converted using conversion procedures ((for the first time
for that type of a strategic offensive arm))1 in accordance
with Part Three of this Protocol at the times specified in
relevant notifications.

((4. Each of the Parties shall conduct conversion or
elimination confirmation exhibitions, and shall have the
right to take part in such exhibitions, to confirm the
conversion or elimination procedures have been completed on
ICBMs, SLBMs, ICBM launchers, SLBM launchers, and heavy
bombers equipped for nuclear armaments, in accordance with
Part Three of this Protocol at the times specified in
relevant notifications.))1

Section IX. Cancellation of Inspection Activities


1. An inspection activity shall be cancelled if, due to
circumstances brought about by force majeure, it cannot be
conducted. If an inspection is cancelled due to
circumstances brought about by force majeure, the number of
inspections to which the inspecting Party is entitled shall
not be reduced. For exhibitions cancelled due to
circumstances brought about by force majeure, the Parties
shall also agree on the new time periods for conducting such
exhibitions.


2. In the case of a delay, including a delay due to
circumstances brought about by force majeure, that prevents
an inspection team from arriving at the inspection site
during the time specified in paragraph 7 of Section V of this
Part, the inspection team leader may either cancel or conduct
the inspection. If an inspection is canceled for that
reason, the number of inspections to which the inspecting
Party is entitled shall not be reduced.


3. At the inspection site, if the time to transport an
inspection team or subgroup exceeds the times specified in
paragraph 8 of Section VI of this Part, the inspection team


leader may either cancel or conduct the inspection. If an
inspection is canceled for that reason, the number of
inspections to which the inspecting Party is entitled shll
not be reduced.


4. If due to circumstance brought about by force majeure,
items subject t pre-inspection movement restrictions must be
removed from the inspection ite, the inspection team leader
may either cance or conduct the inspection. If an
inspection iscanceled for that reason, the number of
inspections to whih the inspecting Party is entitled shall
not be reduced.


5. If the inspected Party intrrupts the inspection for
reasons of personnel o equipment safety, the inspection team
leader ma either cancel or conduct the inspection. If an
nspection is canceled for that reason, the number f
inspections to which the inspecting Party is etitled shall
not be reduced.

Section X. Inspction Activity Reports


1. During post-inspectin procedures the inspection team
leader shall proide the in-country escort with an official
written inspection activity report in the language of the
inspecting Party and an unofficial translation of the report
in the language of the inspected Party.


2. The report shall be factual. It shall include the type
of inspection activity conducted; the inspection site; the
type and number of strategic offensive arms subject to the
Treaty which were declared during the pre-inspection
procedures and which were observed uring the period of
inspetion activity and all measurements recorded during the
inspection activity.


3. Photographs taken during the inspection activities as
well as any site diagrams of the inspection site provided
during pre-inspection procedures shall be considered to be
part of the report. The report shall be signed by the
inspection team leader and by a member of the in-country
escort. The inspecting Party shall have the right to include
in the report ambiguities or comments drawn up in written
form. The inspected Party shall have the right to include
written clarifications in the report. Each Party shall
retain one copy of the report.


4. The Parties shall, when possible, clarify ambiguities
regarding factual information contained in the inspection
activities report. Relevant clarifications shall be recorded
in the report.

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

End text.


4. (U) Gottemoeller sends.
GRIFFITHS