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

S E C R E T GENEVA 000737 SIPDIS DEPT FOR T, VCI AND EUR/PRA DOE FOR NNSA/NA-24 CIA FOR WINPAC JCS FOR J5/DDGSA SECDEF FOR OSD(P)/STRATCAP NAVY FOR CNO-N5JA AND DIRSSP AIRFORCE FOR HQ USAF/ASX AND ASXP DTRA FOR OP-OS OP-OSA AND DIRECTOR NSC FOR LOOK DIA FOR LEA 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 ((3.))1 ((2.))2 This Treaty shall ((remain in force))1 ((be concluded))2 for 10 years ((unless superseded earlier by a subsequent agreement on the reduction of strategic offensive arms.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 If the Parties so decide, this Treaty will be extended for a period of no more than five years unless it is superseded before the expiration of that period by a subsequent agreement on the reduction of strategic offensive arms.))1 ((4.))1 ((5.))2 Each Party shall, in exercising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