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

S E C R E T GENEVA 000745 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: 09/05/2019 TAGS: KACT MARR PARM PREL RS US START SUBJECT: START FOLLOW-ON NEGOTIATIONS, GENEVA (SFO-GVA-IV): RUSSIAN-PROPOSED TREATY LANGUAGE ON ESTABLISHED DATABASE, TERMS AND THEIR DEFINITIONS ANNEX, PROHIBITIONS, NTM, CBM, AND BCC PROTOCOL Classified By: A/S Rose E. Gottemoeller, United States START Negotiator. Reasons: 1.4 (b) and (d). ¶1. (U) This is SFO-GVA-IV-011. ¶2. (U) At Paragraphs 3 through 8 are the tests of the official translations of Russian-proposed Treaty Language on Establishment Database, Terms and Their Definitions Annex, Prohibitions, NTM, CBM, and the BCC Protocol. Paragraph 3 contains the Proposals on Establishment of a Data Base. Paragraph 4 contains the Proposals on NTM. Paragraph 5 contains the Proposals on the Definitions Annex. Paragraph 6 contains the Proposals on the BCC. Paragraph 7 contains the Proposals on Prohibitive Restrictions. Paragraph 8 contains the Proposals on Confidence Building Measures. ¶3. (S) Begin text (Daatabase): Official Translation To be Turned Over to the U.S. Side Paper of the Russian Side August 31, 2009 Proposals of the Russian Side for the Wording of the Provisions of the New Treaty on Strategic Offensive Arms Regarding the Establishment of a Data Base In the text of the Treaty: - The strategic offensive arms subject to this Treaty as of the date of its signature are: (a) Existing types of ICBMs: (i) for the United States of America, the types (sic) of ICBMs designated by the United States of America as, and known to the Russian Federation as, Minuteman III; (ii) for the Russian Federation, the types of ICBMs designated by the Russian Federation as RS 12M, RS-12M Variant 2, RS-18, and RS-20, which are known to the United States of America as SS 25, SS 27, SS-19, and SS-18, respectively. (b) Existing types of SLBMs: (i) for the United States of America, the types (sic) of SLBMs designated by the United States of America as, and known to the Russian Federation as, Trident II; (ii) for the Russian Federation, the types of SLBMs designated by the Russian Federation as RSM-50, RSM-52, RSM-54, and RSM-56, which are known to the United States of America as SS-N-18, SS-N-20, SS-N-23, and RSM-56, respectively. (c) Existing types of heavy bombers: (i) for the United States of America, the types of bombers designated by the United States of America as, and known to the Russian Federation as, B 52, B 1, and B 2; (ii) for the Russian Federation, the types of bombers designated by the Russian Federation as Tu 95MS and Tu 160, which are known to the United States of America as Bear H and Blackjack, respectively. - Newly constructed strategic offensive arms shall begin to be subject to this Treaty as follows: (a) an ICBM, when an ICBM or a first stage of an ICBM that are (sic) maintained, stored, and transported in stages, first leaves a production facility; (b) an SLBM, when an SLBM or a first stage of an SLBM that are (sic) maintained, stored, and transported in stages, first leaves a production facility; (c) a heavy bomber, when the heavy bomber airframe is first brought out of the shop, plant, or building where the assembly of the complete airframe from heavy bomber components is carried out; (d) launchers of ICBMs and SLBMs: (i) a silo launcher of ICBMs, when the protective device is first installed and closed; (ii) a mobile launcher of ICBMs, when a mobile launcher of ICBMs first leaves a production facility; (iii) an SLBM launcher, when the submarine on which the specified launcher is installed is first launched. - In those cases not provided for by the provisions of this Treaty, strategic offensive arms shall become subject to this Treaty in accordance with procedures to be agreed by the Parties in the Bilateral Consultative Commission. - Missiles that have been developed and tested solely to intercept and counter objects not located on the surface of the Earth shall not be considered to be ballistic missiles to which the limitations provided for in this Treaty apply. Such missiles shall not be given the capabilities of ICBMs or SLBMs, and these missiles and their launchers shall have substantive differences from existing types of ICBMs and SLBMs and their launchers. Procedures confirming the existence of substantive differences shall be subject to agreement by the Parties in the Bilateral Consultative Commission. End Text. ¶4. (S) Begin text on NTM: Official Translation To be Turned Over to the U.S. Side Paper of the Russian Side August 31, 2009 Proposals of the Russian Side for the Wording of the Provisions of the New Treaty on Strategic Offensive Arms Regarding the Use of NTM - For the purpose of ensuring verification of compliance with the provisions of this Treaty, each Party undertakes: (a) to use national technical means of verification at its disposal in a manner consistent with generally recognized principles of international law; (b) not to interfere with the national technical means of verification of the other Party operating in accordance with this Article; (c) not to use deliberate concealment measures that impede verification of compliance with the provisions of this Treaty. End Text. ¶5. (S) Begin text Definitions Annex: Official Translation To be Turned over to the U.S. Side Paper of the Russian Side August 31, 2009 Proposals of the Russian Side for the Wording of the Provisions of the New Treaty on Strategic Offensive Arms Regarding Terms and Their Definitions In the text of the Annex to the Treaty: The term "ABM interceptor missile" means an interceptor missile constructed and deployed for an ABM role, or of a type tested in an ABM mode.1 The term "ABM launcher"1 means a device intended or used to contain, prepare for launch, and launch ABM interceptor missiles. The term "air base" means a facility at which heavy bombers are based and their operation is supported. The term "aircrew member" means an individual who performs duties related to the operation of an airplane and who is included on the inspecting Party's list of aircrew members. The term "air launched cruise missile (ALCM)" means an air to surface cruise missile of a type, any one of which was flight tested from an aircraft or deployed on a bomber. The term "anti-ballistic missile system" means the totality of individual components that include the following items: ABM interceptor missiles, which are interceptor missiles constructed and deployed for an ABM role, or of a type tested in an ABM mode; ABM launchers, which are launchers constructed and deployed for launching ABM interceptor missiles; ABM radars, which are radars constructed and deployed for an ABM role, or of a type tested in an ABM mode.1 The term "ballistic missile" means a missile that is a weapon-delivery vehicle that has a ballistic trajectory over most of its flight path. The term "bomber" means an airplane of a type, any one of which was initially constructed or later converted to be equipped for bombs or air to surface missiles. The term "conversion or elimination facility" means: (a) for ICBMs or SLBMs, a specified facility for the conversion or elimination of ICBMs and SLBMs; (b) for mobile launchers of ICBMs, a specified facility for the conversion or elimination of mobile launchers of ICBMs; (c) for SLBM launchers, a specified facility for the conversion or elimination of SLBM launchers; (d) for HBs, a specified facility for the conversion of HBs or the elimination of HBs. The term "cruise missile" means a missile that is an unmanned, self propelled weapon delivery vehicle that sustains flight through the use of aerodynamic lift over most of its flight path. The term "deployed HB" means all HBs equipped for nuclear armaments, which are attributed to the relevant air bases. The term "deployed ICBM" means an ICBM emplaced in (on) a launcher. The term "deployed launcher of ICBMs" means any ICBM launcher that contains a deployed ICBM. The term "deployed launcher of SLBMs" means any SLBM launcher that contains a deployed SLBM. The term "deployed SLBM" means an SLBM emplaced in a launcher. The term "facility" means an ICBM base, submarine base, air base, maintenance facility, restricted area, conversion or elimination facility, test range, repair facility, storage facility, and training facility. The term "flight test" means, for an ICBM or SLBM, the launch and subsequent flight of a missile for the purpose of experimentally determining the characteristics of models of missiles that are under development and in serial production. The term "front section" means that portion of the payload of the final stage that contains the reentry vehicle or reentry vehicles and may, depending on design, include a reentry vehicle platform, penetration aids, and a shroud. The term "heavy bomber (HB)" means a bomber of a type, any one of which satisfies either of the following criteria: (a) its range is greater than 8,000 kilometers; or (b) it is equipped for long range nuclear ALCMs. The term "ICBM base" means: (a) for mobile launchers of ICBMs, an area in which one or more restricted areas and one associated maintenance facility are located; (b) for silo launchers of ICBMs, an area in which one or more groups of silo launchers of ICBMs and one associated maintenance facility are located. The term "ICBM launcher" means a device intended or used to contain, prepare for launch, and launch an ICBM. The term "in country escort" means a group of individuals designated by the inspected Party to accompany and assist inspectors and aircrew members throughout the in country period, as provided for in Section V of this Annex. The term "in country period" means the period of time from the arrival of the inspection team and aircrew members at the point of entry until their departure from the country through the point of entry. The term "inspected Party" means the Party to the Treaty whose facilities and locations are subject to inspections, visits, and exhibitions. The term "inspecting Party" means the Party to the Treaty that conducts inspections and visits and participates in exhibitions. The term "inspection site" means a facility or location at which inspections, visits, and exhibitions may be conducted in accordance with Section V of this Annex. The term "inspection team" means the group of inspectors assigned by the inspecting Party to conduct a particular inspection, visit, and exhibition. The term "inspector" means an individual included on the agreed list of inspectors and specified by one Party to conduct inspections, visits, and exhibitions. The term "intercontinental ballistic missile (ICBM)" means a land based ballistic missile with a range in excess of 5,500 kilometers. The term "launch weight" means the maximum weight of a fully loaded ICBM or SLBM at the time of first stage ignition, demonstrated during flight tests of ICBMs or SLBMs of that type. The term "long range ALCM" means an ALCM with a range in excess of 600 kilometers. The term "long range non nuclear ALCM" means a long range ALCM that is not nuclear equipped. The term "long range nuclear ALCM" means a long range ALCM that is nuclear equipped. The term "maintenance facility" means a facility that is part of an ICBM base and at which ICBMs and mobile launchers of ICBMs are maintained and their operation is supported. The term "mobile launcher of ICBMs" means an erector launcher mechanism for launching ICBMs and the mobile device on which it is mounted. The term "new type" means, for ICBMs or SLBMs, a type of ICBM or SLBM, the technical characteristics of which differ from those of an ICBM or SLBM, respectively, of each type declared previously in at least one of the following respects: (a) number of stages; (b) type of propellant of any stage; (c) launch weight, by five percent or more; (d) length or diameter of the assembled missile, by five percent or more; (e) length or diameter of the first stage, by five percent or more. The term "nuclear armaments" means, for HBs, long-range nuclear ALCMs, nuclear air-to-surface missiles with a range of less than 600 kilometers, and nuclear bombs. The term "nuclear armaments other than long range nuclear ALCMs" means, for HBs, nuclear air to surface missiles with a range of less than 600 kilometers and nuclear bombs. The term "period of inspection" means the period of time from completion of the pre inspection procedures until the commencement of post inspection procedures. The term "produce" means build, construct, or manufacture in any quantity, and includes serial production as well as one of a kind manufacturing. The term "production facility" means: (a) for ICBMs and SLBMs, a facility at which: ICBMs or SLBMs that are maintained, stored, and transported as assembled missiles in their launch canisters, are assembled, including the joining of all stages of such missiles and the loading of such missiles into launch canisters; ICBMs and SLBMs that are maintained, stored, and transported as assembled missiles without launch canisters, are assembled, including the joining of two or more stages; first stages of ICBMs or SLBMs that are maintained, stored, and transported in stages are assembled; (b) for ballistic missile submarines, a facility at which construction of ballistic missile submarines is performed; (c) for mobile launchers, a facility at which the erector launcher mechanism of a mobile launcher of ICBMs is mounted on the mobile device; (d) for heavy bombers, a facility at which assembly of a complete heavy bomber airframe is performed. The term "range" means: (a) for a ballistic missile, the maximum distance measured by projecting the flight trajectory on the Earth's sphere between the launch point of a missile of that type, and the point of impact of a reentry vehicle; (b) for a heavy bomber, the maximum distance that can be flown, without refueling, by a heavy bomber of that type when carrying an ordnance load of 7,500 kilograms, with a full fuel load in the internal and external fuel tanks and a flight profile optimized to ensure minimum fuel consumption per kilometer. In this connection, the fuel remaining in the fuel tanks after its landing shall be no more than five percent of the maximum capacity of the fuel tanks, and the distance covered during climb and descent shall be taken into account; (c) for an ALCM, the maximum distance that can be covered by an ALCM of that type in its standard design mode flying until fuel exhaustion, determined by projecting its flight path onto the Earth's sphere from the point of launch to the point of impact. The term "reentry vehicle" means that part of the front section that can survive reentry through the dense layers of the Earth's atmosphere and that is designed for delivering a weapon to a target or for testing such a delivery. The term "restricted area" means an area within an ICBM base for mobile launchers of ICBMs, in which deployed mobile launchers of ICBMs and their associated missiles are based. The term "self-contained dispensing mechanism" means a device that separates from the final stage of a missile together with the front section and that independently targets and releases the reentry vehicle or reentry vehicles and penetration aids. The term "silo launcher of ICBMs" means a fixed launcher of ICMs in a silo structure located in the ground. The term "SLBM launcher" means a device intendd or used to contain, prepare for launch, and lanch an SLBM. The term "stage" means, for IBMs or SLBMs, a section of a missile that is equpped with a propulsion unit and that can provideits payload with an additional velocity of more han 1,000 meters per second. The term "submarine base" means a facility at which ballistic missile submarines are baed and that provides shore-based support for such submarines, which may include the assembly, loading, maintenance, and storage of SLBMs, unless otherwise provided for in the Treaty. The term "submarine-launched ballistic missile (SLBM)" means a ballistic missile with a range in excess of 600 kilometers of a type, any one of which has been contained in or launched from a submarine. The term "test range" means a designated land area, other than an ICBM base, from which launches of ICBMs or SLBMs are conducted. The term "training facility" Qns: (a) for ICBMs or SLBMs, a specified facility, outside aQ ICBM base orQsuQ base, at which personnel are trained to use, operate, or maintain ICBMs or SLBMs and their launchers; (b) for HBs, a facility where training HBs are based. End text. Begin footnote: Footnote 1: Translator's Note: Since the Russian wording used here is taken from the ABM Treaty, we have used the wording from that Treaty in the translation, recognizing, however, that if these definitions are to be included in the new treaty, the terminology will have to be modified to reflect current U.S. usage and START terminology. End footnote. ¶6. (S) Begin text on BCC Protocol: Official Translation To be Turned Over to the U.S. Side Paper of the Russian Side August 31, 2009 Proposals of the Russian Side for the Wording of the Provisions of the New Treaty on Strategic Offensive Arms Regarding the Bilateral Consultative Commission In the text of the Treaty: - To promote the objectives and implementation of the provisions of this Treaty, the Parties hereby establish the Bilateral Consultative Commission, procedures for the operation of which are set forth (in the section concerning the BCC of the Annex to this Treaty). The Parties agree that, if either Party so requests, they shall hold sessions of the Bilateral Consultative Commission to: (a) resolve questions relating to compliance with the obligations assumed; (b) agree upon such additional measures as may be necessary to improve the viability and effectiveness of this Treaty; and (c) resolve questions related to the application of the provisions of this Treaty to a new kind of strategic offensive arm, after notification has been provided in accordance (with the section concerning the BCC of the Annex to this Treaty). In the text of the Annex to the Treaty: - These provisions shall govern the operation of the Bilateral Consultative Commission, hereinafter referred to as the Commission, established in accordance with (the article of this Treaty concerning the BCC). - Each Party shall have the right to be represented in the Commission by the Representative1 of the Party to the Commission and the Deputy Representative as well as by their alternates, and by members, advisors, and experts of the delegation. A session of the Commission may be convened without the (participation2) of the Representative and Deputy Representative. In such a case, any other individual provided for in this paragraph may be the head representative of a Party to a session of the Commission. The Parties shall communicate to each other the names of the designated Representative of the Party to the Commission and his Deputy through diploma ic channels no later than 30 days after entry into force of the Treaty. - No fewer than two sessions of the Commission shall be held each year. A session of the Commission shall be convened at the request of either Party. The request shall include: the questions that the Party intends to raise, the date for convening the session, and the place it will be held. In its response, which shall be provided no later than 15 days following receipt of the request, the Party that received the request to hold a session may express its consent to the proposals received or raise additional questions, and propose an alternate location and date for the convening of the session, which shall be convened no later than 45 days following the initially proposed date. - The agenda for a session shall consist of questions that the Parties have included in the communications provided to each other in accordance with the preceding paragraph. Each Party shall have the right to raise in the Commission questions that arise during a session, provided that for consideration of such questions during the current session the consent of the other Party shall be required. The Parties shall have the right during the current session to agree on the starting date, length, and location of the next session of the Commission and on questions that the Parties intend to raise at that session. - In accordance (with the Article of this Treaty concerning the BCC),the Parties shall have the right to consider questions concerning compliance with the obligations assumed and related situations, which may be considered ambiguous, to agree, if necessary, upon additional procedures for providing notifications, converting and eliminating strategic offensive arms, conducting inspections and visits, and to work out measures that may be necessary for improving the viability and effectiveness of the Treaty. - Sessions of the Commission shall be convened in Geneva, Switzerland, unless otherwise agreed. As a rule, a session of the Commission shall last no longer than 15 days unless otherwise agreed. - The Representatives of the Parties shall alternately preside over meetings during a session of the Commission, unless otherwise agreed. For the consideration of specific questions raised during a session, the Commission shall have the right to constitute working groups which may consist of any of the individuals specified (in the second paragraph of this section of the Annex). - The work of the Commission shall be confidential except as otherwise agreed by the Commission. The Commission may record agreements or the results of its work in an appropriate document. Such documents shall not be confidential, except as otherwise agreed by the Commission. - Communications pursuant to (this section of the Annex),with the exception (of its second paragraph),shall be provided through the Nuclear Risk Reduction Centers. - Each Party shall bear the cost of its participation in the work of the Commission. - Representatives of the Parties shall communicate with each other during the intersessional period concerning questions that are related to the competency of the Commission. End text. Begin footnotes: Foootnote 1: Although the JCIC Protocol to the START Treaty uses the term "Commissioner" to designate the head of the Commission, the long-standing practice in the JCIC has been to use the word "Representative," which has been done in this translation. The Delegation will have to determine which word is more appropriate - Trans. Footnote 2: The Russian word for "participation" is missing - Trans. End footnotes: ¶7. Begin text on Prohibitive Restrictions: Official Translation To be Turned over to the U.S. Side Paper of the Russian Side August 31, 2009 Proposals of the Russian Side for the Wording of Provisions of the New Treaty on Strategic Offensive Arms Regarding Prohibitive Restrictions - Each Party undertakes not to deploy ICBMs or SLBMs in a non-nuclear configuration. - Each Party undertakes not to convert heavy bombers equipped for non-nuclear armaments into heavy bombers equipped for nuclear armaments. Nuclear armaments shall not be stored at air bases for heavy bombers converted for non-nuclear armaments. The crews of such bombers shall not undergo training to carry out missions involving the use of nuclear weapons. - Each Party undertakes not to convert or use launchers of ICBMs or SLBMs for the emplacement of interceptor missiles therein. - Each Party undertakes not to convert or use launchers of interceptor missiles for the emplacement of ICBMs or SLBMs therein. - Each Party undertakes not to locate heavy bombers with long-range nuclear ALCMs or other nuclear armaments outside national territory. End text. ¶8. (S) Begin text on Confidence Building Measures: Official Translation To be Turned Over to the U.S. Side Paper of the Russian Side August 31, 2009 Proposals of the Russian Side for the Wording of the Provisions of the New Treaty on Strategic Offensive Arms Regarding Confidence-building Measures - To ensure the viability and effectiveness of this Treaty and to enhance confidence, openness, and predictability concerning the reduction of strategic offensive arms, each Party shall, on a voluntary basis in those cases where, in its view, ambiguous situations might arise, take measures, to include providing information in advance, inter alia, through diplomatic channels, on activities being conducted with respect to strategic offensive arms, which are associated with their deployment or increasing their readiness, so as to prevent the possibility of a misinterpretation of its actions by the other Party. - In the event of the emergence of arms that one Party considers could be a new kind of strategic offensive arm, the Parties shall, in the Bilateral Consultative Commission, consider issues related to the application of the relevant provisions of this Treaty to such arms. End text. ¶9. (U) Gottemoeller sends. GRIFFITHS