START FOLLOW-ON NEGOTIATIONS, GENEVA (SFO-GVA-IV):

S E C R E T GENEVA 000737

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E.O. 12958: DECL: 09/04/2019
TAGS: KACT MARR PARM PREL RS US START
SUBJECT: START FOLLOW-ON NEGOTIATIONS, GENEVA (SFO-GVA-IV):
(U) U.S.-PROPOSED JOINT DRAFT TEXT ON FINAL ARTICLES,
AUGUST 31, 2009

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


1. (U) This is SFO-GVA-IV-010.


2. (U) The text in paragraph 3 below is the U.S.-proposed
Joint Draft Text on Final Articles that was provided to the
Russian Delegation during the afternoon meeting at the U.S.
Mission on August 31, 2009.


3. (S) Begin text:

FINAL PROVISIONS
((Article XV))1


1. This Treaty((, including its Annexes, Protocols, and
Memorandum of Understanding, all of which form integral parts
thereof,))1 shall be subject to ratification ((in accordance
with the constitutional procedures of each Party. This
Treaty))1 ((and))2 shall enter into force on the date of the
exchange of instruments of ratification.

((2.))1 ((7.))2 As of the date of its entry into
force, this Treaty shall supersede the ((Moscow))1 Treaty
((Between the Russian Federation and the United States of
America on Strategic Offensive Reductions of May 24 2002))2,
which shall terminate as of that date.

((3.))1 ((2.))2 This Treaty shall ((remain in force))1
((be concluded))2 for 10 years ((unless superseded earlier by
a subsequent agreement on the reduction of strategic
offensive arms. No later than one year before the expiration
of the 10-year period, the Parties shall meet to consider
whether this Treaty will be extended. If the Parties so
decide, this Treaty will be extended for a period of no more
than five years unless it is superseded before the expiration
of that period by a subsequent agreement on the reduction of
strategic offensive arms.))1

((4.))1 ((5.))2 Each Party shall, in exercising its
national sovereignty, have the right to ((withdraw from))1
((terminate))2 this Treaty if ((it decides that extraordinary
events related to the subject matter of this Treaty have
jeopardized its))1 ((, in its view, further compliance with
the Treaty will jeopardize the Party's))2 supreme
interests((,inter alia in the event of a quantitative and
qualitative buildup in the capabilities of missile defense
systems))2. ((It shall give notice of its decision to the
other Party six months prior to withdrawal from this Treaty.
Such notice shall include a statement of))1 ((6. A Party
that has decided to terminate this Treaty shall inform the
other Party of its decision through diplomatic channels at
least three months prior to termination of this Treaty,
specifying))2 the extraordinary events that ((the notifying
Party))1 ((it))2 regards as having jeopardized its supreme
interests.

((Article XVI))1

((3.))2 Each Party may propose amendments to this
Treaty. Agreed amendments shall enter into force in
accordance with the procedures governing entry into force of
this Treaty.



((4. The Parties agree that, if it becomes necessary to
make changes in the provisions of the Annex to this Treaty
that do not effect substantive rights and obligations under
the Treaty, they shall use the Bilateral Consultative
Commission to reach agreement on such changes, without
resorting to the procedure of making amendments, set forth in
paragraph 3 of this Article.))2

((Article XVII))1

This Treaty shall be registered pursuant to Article 102
of the Charter of the United Nations.

(( ))1 Proposed by the United States

(( ))2 Proposed by the Russian Federation

End text.


4. (U) Gottemoeller sends.
GRIFFITHS