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09GENEVA803 2009-09-29 18:03:00 SECRET Mission Geneva
Cable title:  

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

Tags:   KACT MARR PARM PREL RS US START 
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					  S E C R E T GENEVA 000803 

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E.O. 12958: DECL: 09/29/2019
TAGS: KACT MARR PARM PREL RS US START
SUBJECT: START FOLLOW-ON NEGOTIATIONS, GENEVA (SFO-GVA-V):
(U) RUSSIAN-PROPOSED TREATY ANNEX, SECTION V (INSPECTIONS,
VISITS, AND EXHIBITIONS) (NUMBER 5 OF 6 CABLES)

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



1. (U) This is SFO-GVA-V-019.



2. (U) Paragraph 3 below contains the text of the official
translation of Section V (Inspections, Visits and
Exhibitions) of the Russian-proposed Annex to the
Russian-proposed New START Treaty. Because of the length of
the complete Annex, it will be sent in six multiple
cables. This is number 5 of 6 cables.



3. (S) Begin text of Official Translation:

Section V

INSPECTIONS, VISITS, AND EXHIBITIONS



I. General Obligations

For the purpose of helping to ensure verification of
compliance with the provisions of the Treaty, each Party
shall facilitate the conduct of inspections, visits, and
exhibitions by the other Party in accordance with the
provisions of this Section.

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



1. Inspections, visits, and exhibitions shall be
conducted by inspectors.



2. The list of inspectors shall not contain at any one
time more than 200 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 shall be citizens of the
inspecting Party. Each Party shall have the right to amend
its lists of inspectors and aircrew members no more than once
in each 3-month period.



3. A team conducting an inspection shall include no
more than 9 inspectors.




4. A team participating in a visit shall include no
more than 7 inspectors.



5. A team participating in an exhibition shall include
no more than 10 inspectors.



6. The members of an inspection team and the aircrew
shall be accorded the following privileges and immunities
during the entire period they are in the territory of the
other Party:

(a) such personnel shall be assured the inviolability
enjoyed by diplomatic agents in accordance with Article 29 of
the Vienna Convention on Diplomatic Relations of April 18,
1961, and immunities 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 delivering inspection teams to
the points of entry shall be inviolable;

(d) inspectors and aircrew members shall have the right
to bring into the territory of the other Party, without
payment of any customs duties or related charges, articles
for their personal use, with the exception of articles, the
import or export of which is prohibited by law or controlled
by quarantine regulations;

(e) without prejudice to the privileges and immunities
provided for in subparagraphs (a) and (b) of this paragraph,
such personnel shall be obliged to comply with the laws and
regulations of the inspected Party and shall be obliged not
to interfere in its internal affairs and not to engage in any
professional or commercial activity for personal profit on
the territory of the inspected Party.



7. An individual on the list of inspectors or aircrew
members may be objected to subsequently if that individual is
found unacceptable by the Party that reviewed the list
previously. The Party making such an objection shall so
notify the other Party in accordance with paragraph 5 of
Subsection VI of Section IV.

III. Arrangements for Air Transportation



1. Each Party shall identify two points of entry on its
territory.



2. The inspected Party shall, for each facility,
identify the airport associated with that facility, and the
point of entry.



3. The inspecting Party shall have the right to use
inspection airplanes of agreed types to deliver 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
inspections.

The inspecting Party shall provide the relevant
notification of each flight of an inspection airplane
transporting inspectors.



4. 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.



5. In the cases agreed upon by the Treaty Parties in
the Bilateral Consultative Commission, each Party may use
"Open Skies" airplanes making observation flights over the
territory of the inspected state in order to deliver
inspectors to and from the points of entry.



6. Procedures related to mutual settlement of accounts
for services rendered in servicing inspection airplanes shall


be subject to agreement by the Parties in the Bilateral
Consultative Commission before the beginning of the period
for conducting inspections.

IV. Activities Beginning Upon Arrival at the Point of Entry



1. Upon arrival, 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 ((equipment -- Trans.)) shall be
exempt from all customs duties. Diplomatic officials from
the embassy or consulate of the inspecting Party shall also
meet the inspection team and aircrew members.



2. The in-country escort shall accompany the inspection
team and assist it in exercising its functions during the
entire period it is in the territory of the inspected Party;
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. An examination of the equipment brought by the
inspection team and needed to conduct the inspection shall be
carried out at the point of entry in accordance with agreed
procedures; the examination shall be completed prior to the
departure of the inspection team from the point of entry for
the site of the inspection or the visit or the exhibition.
The list of inspection equipment and the procedures for its
use shall be agreed upon by the Parties in the Bilateral
Consultative Commission prior to the beginning of the period
for conducting inspections, visits, and exhibitions.



5. At the point of entry the inspection team leader
shall designate in writing to the inspected Party through the
in-country escort the specific site of the inspection or
visit.



V. General Rules for the Conduct of Inspections, Visits,
and Exhibitions



1. During the entire period of stay in the territory of
the inspected Party, the inspected Party shall provide meals,
lodging, work space, transportation, and, as necessary,
medical and other urgent services for the inspectors and
aircrew members of the inspecting Party. Costs of all such
services shall be borne by the inspected Party.



2. Inspectors shall not disclose information obtained
during inspections, visits, and exhibitions, unless otherwise
agreed.



3. The boundaries of the facility specified on the site
diagrams that the Parties shall exchange no later than 30
days after entry into force of the Treaty shall be the
boundaries of the sites of the inspection and visits ((sic)).


The requirements for site diagrams and the way they are
drawn up shall be agreed upon by the Parties in the Bilateral
Consultative Commission.



4. In discharging their functions, inspectors shall
communicate with personnel of the inspected Party only
through the in-country escort. Inspectors shall not
interfere with ongoing activities at sites of inspections,
visits, and exhibitions and shall not hamper or delay the
operation of a facility. Inspectors shall take no actions
affecting the safe operation of a facility. Inspectors shall
observe safety regulations established at the site of the
inspection, visit, and exhibition. The in-country escort
shall provide safety briefings.



5. At the site of an inspection, visit, or exhibition,
representatives of the inspected facility shall be included
among the in-country escort.



6. The inspected Party shall transport the inspection
team and equipment to the site of the inspection or visit no
later than 18 hours after the time for the designation by the
inspecting Party of the specific site of the inspection or
visit.



7. During an inspection, visit, or exhibition,
inspectors shall have the right to request clarification
through the in-country escort, to view and make linear
measurements of items located at the inspection site for the
purpose of confirming the conformity of the declared
technical data specified in Section II of this Annex.



8. Pre-inspection procedures, including safety
briefings and the provision of information relating to the
conduct of the inspection, visit, or exhibition and the site
where they are conducted, shall begin upon arrival of the
inspection team at the inspection site ((sic -- there is no
reference to the aforementioned visit or exhibition --
Trans.)) and shall be completed within one hour, after which
the inspection shall begin immediately.



9. The period of inspection shall not exceed the period
of time necessary to achieve the objectives of the inspection
and shall expire upon completion of the inspection procedures.



10. The period of the visit shall not exceed 36 hours.



11. Post-inspection procedures, which include preparing
the report on the inspection conducted, shall begin when the
period of inspection expires and shall be completed by
agreement of the Parties.



12. The inspection team shall depart from the territory
of the inspected Party not later than 24 hours after its
return to the point of entry.

VI. Inspections



1. Each Party shall have the right to conduct
inspections (blank) days (to be agreed) after entry into
force of the Treaty and thereafter. Each Party shall have
the right to conduct a total of five such inspections each
year, with no more than one such inspection each year at the


same facility.



2. Each Party shall have the right to conduct
inspections at ICBM bases, submarine bases, and air bases.



3. During each inspection no more than one deployed
ICBM or deployed SLBM may be inspected, except as provided
for in paragraph 7 of this Subsection.



4. No later than one hour after the time for the
designation of the inspection site, the inspected Party shall
implement the following pre-inspection restrictions (to be
agreed) at the ICBM base or at the submarine base, including
the waters identified on the coastlines and waters diagram,
or at the air base.



5. Upon arrival of the inspection team at the
inspection site, a member of the in-country escort shall:

(a) For ICBM bases, inform the inspection team leader of
the number of deployed launchers of ICBMs for each type of
ICBM based there and the number of ICBM launchers in which
deployed ICBMs are contained, and provide the inspection team
leader with a copy of the simplified site diagram of the ICBM
base, annotated to show the designator of the locations
((sic)) of each of those launchers at that base.

In addition, a member of the in-country escort shall
provide the inspection team leader with information in
writing on the aggregate number of reentry vehicles on
deployed ICBMs and the specific number of reentry vehicles on
each deployed ICBM located at the inspected ICBM base.

If more than one type of ICBM is specified for that
base, such information shall be provided for ICBMs of each
type of ICBM.

(b) For submarine bases, inform the inspection team
leader of the location and type of each submarine equipped
with deployed launchers of SLBMs to which pre-inspection
restrictions apply, and of the type of SLBM for each such
submarine, and provide the inspection team leader with a copy
of the coastlines and waters diagram, annotated to show the
locations ((sic)) of each submarine equipped with deployed
launchers of SLBMs, within the waters identified pursuant to
that paragraph, and the number of launchers on each such
submarine;

In addition, a member of the in-country escort shall
provide the inspection team leader with information in
writing on the aggregate number of reentry vehicles on
deployed SLBMs and the specific number of reentry vehicles
for each deployed SLBM located on each submarine at the
inspected submarine base, to which pre-inspection
restrictions apply.

(c) For air bases, inform the inspection team leader of
the number of heavy bombers for each type of heavy bomber
based there and the number of heavy bombers on which nuclear
armaments are loaded, and provide the inspection team leader
with a copy of the site diagram of the heavy bomber base,
annotated to show the designator of the locations ((sic)) of
each of the heavy bombers at that base, as well as


information on the heavy bombers that are absent at that
time, and their specific location.

If more than one type of heavy bomber is specified for
that air base, information shall be provided for each type of
heavy bomber.



6. Upon the completion of pre-inspection procedures the
inspection team leader shall designate in writing to a member
of the in-country escort, the deployed launcher of ICBMs or
SLBMs that contains the deployed ICBM or SLBM to be
inspected, or shall specify the deployed heavy bomber to be
inspected, on which nuclear armaments are loaded.

The procedures for the conduct of such inspections shall
be agreed upon by the Parties in the Bilateral Consultative
Commission before the beginning of the period for conducting
inspections.



7. The inspection team leader shall also have the right
to designate for inspection one of the ICBM or SLBM launchers
declared not to contain a deployed ICBM or SLBM or declared
as ICBMs or SLBMs that do not contain reentry vehicles, and
shall designate a subgroup consisting of no more than three
inspectors to conduct such an inspection.
The procedures for the conduct of such an inspection shall be
agreed upon by the Parties in the Bilateral Consultative
Commission before the beginning of the period for conducting
inspections.



8. For air bases, if deployed heavy bombers on which
nuclear armaments are loaded are absent from the air base,
the inspection team shall have the right to inspect all the
heavy bombers located at that air base at the time
pre-inspection restrictions went into effect.

The procedures for the conduct of such an inspection
shall be agreed upon by the Parties in the Bilateral
Consultative Commission before the beginning of the period
for conducting inspections.

VII. Visits to Declared Facilities and Visits to New
Facilities



1. Each Party shall have the right to conduct visits to
declared facilities (blank) days (to be agreed) after entry
into force of the Treaty and thereafter. Each Party shall
have the right to conduct a total of five such visits each
year, with no more than one such visit each year to the same
facility.



2. Each Party shall have the right to conduct visits to
declared and new facilities at any of the following
facilities: ICBM bases and bases of submarines equipped with
SLBMs; repair facilities for ICBMs, SLBMs, and mobile
launchers of ICBMs; storage facilities for ICBMs, SLBMs,
mobile launchers of ICBMs, and heavy bombers; conversion or
elimination facilities for ICBMs, SLBMs, mobile launchers of
ICBMs, and heavy bombers; test ranges; air bases; and
training facilities.



3. No later than one hour after the time for the
designation of the site of the visit, the inspected Party


shall implement pre-inspection restrictions at the site of
the visit.

Pre-inspection restrictions shall be agreed upon by the
Parties in the Bilateral Consultative Commission before the
beginning of the period for conducting visits.



4. The information to be provided by a member of the
in-country escort after arrival at the site of the visit and
the procedures for the conduct of visits shall be agreed upon
by the Parties in the Bilateral Consultative Commission
before the beginning of the conduct of visits.

VIII. Technical Characteristics and Distinguishability
Exhibitions

Each Party shall conduct technical characteristics
exhibitions of new types of ICBMs, SLBMs, HBs, and mobile
launchers of ICBMs.

The procedures for the conduct of exhibitions shall be
agreed upon by the Parties in the Bilateral Consultative
Commission.

IX. Cancellation of Inspections, Visits, or Exhibitions



1. An inspection, visit, or exhibition may be cancelled
if, due to circumstances brought about by force majeure, it
cannot be conducted. If an inspection or visit is cancelled
due to circumstances brought about by force majeure, the
number of inspections or visits 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, in addition, agree
on the 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 site of the
inspection or visit during the time agreed by the Parties in
the Bilateral Consultative Commission, the inspection team
leader may either cancel or conduct the inspection or visit.

If an inspection or visit is cancelled for that reason,
the number of inspections or visits to which the inspecting
Party is entitled shall not be reduced.



X. Inspection, Visit, or Exhibition Reports



1. During post-inspection procedures the inspection
team leader shall provide the in-country escort with an
official written inspection, visit, or exhibition 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, visit, or exhibition conducted; the
inspection site; the type and number of ICBMs, SLBMs, heavy
bombers, warheads on them, ICBM or SLBM launchers, and
submarines equipped with SLBMs, which are subject to the
Treaty and which were observed during the period of the


inspection, visit, or exhibition, whichever is applicable,
and all measurements recorded during the visit or exhibition.
Each Party shall retain one copy of the report.



3. The Party conducting the inspection, visit, or
exhibition shall have the right to include in the report
ambiguities and comments drawn up in written form.



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

End text.



4. (U) Gottemoeller sends.
GRIFFITHS