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

1. (U) This is SFO-GVA-V-042.



2. (S) The text at paragraph 3 is the U.S.-proposed text for
Protocol on the Bilateral Consultative Commission for the
draft START Follow-on Treaty. The text was provided to the
Russian delegation in Geneva on September 30, 2009.



3. (S) Begin text:
SFO-V
U.S. Proposed
Joint Draft Text
September 30, 2009

((PROTOCOL ON THE BILATERAL CONSULTATIVE COMMISSION RELATING
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))1

((Section VI
BILATERAL CONSULTATIVE COMMISSION))2

((Pursuant to and in implementation of the Treaty Between the
United States of America and the Russian Federation on
Measures for the Further Reduction and Limitation of
Strategic Offensive Arms, hereinafter referred to as the
Treaty, the Parties hereby agree upon provisions governing))1
((These provisions shall govern))2 the operation of the
Bilateral Consultative Commission, hereinafter referred to as
the Commission, established pursuant to Article XII((I))1 of
((the))1 ((this))2 Treaty.

((I. Composition of the Commission))1



1. ((Each Party shall communicate to the other Party the
names of its designated Commissioner and Deputy Commissioner
to the Commission.))1 The Parties shall communicate to each
other ((through diplomatic channels))2 the names of the
((initially))1 designated Commissioner and Deputy
Commissioner to the Commission no later than 30 days after
((signature))1 ((entry into force))2 of the Treaty.

((2.))1 Each Party shall have the right to be represented
((at a session of))1 ((in))2 the Commission by its
Commissioner and Deputy Commissioner as well as by their
alternates, and by members, advisors, and experts. A session
of the Commission may be convened without the participation
of the Commissioner and Deputy Commissioner. 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.

((3.))1 ((6.))2 The ((head representatives))1
((Commissioners))2 of the Parties shall alternately preside
over meetings during a session of the Commission, unless
otherwise agreed ((during a session))1.

((4.))1 The Commission shall have the right to constitute
working groups ((consisting))1 ((which may consist))2 of any
of the individuals provided for in paragraph ((2))1 ((1))2
of this Section for the consideration of specific questions


raised ((in the Commission))1 ((during a session))2.

((II. Convening a Session of the Commission))1

((2.))2 ((No fewer than two sessions of the Commission shall
be held each year.))2 ((1.))1 A session of the Commission
shall be convened at the request of either Party. ((No later
than 15 days after receiving such a request, the requested
Party shall submit a response.))1 ((Requests and
responses))1 ((The request))2 shall include ((the
following))1: (((a)))1 the questions that the Party intends
to raise, (((b) the name of the head representative of the
Party;))1 and (((c)))1 the ((proposed, accepted or
alternate))1 date ((for convening the session))2 and
((the))2 location ((for the convening of the session))1
((it will be held))2. ((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 convening the session, which shall be convened
no later than 45 days following the initially proposed
date.))2 ((Each Party may also submit additional questions
to the other Party in the period from the submission of the
initial response to the initial request until the convening
of the session.))1

((2. A session of the Commission shall be convened not later
than 45 days after the date proposed in the request provided
for in subparagraph 1(c) of this Section.))1

((3.))1 ((5))2 ((A session))1 ((Sessions))2 of the
Commission shall be convened in Geneva, Switzerland, ((or, as
appropriate, in another place agreed by the Parties))1
((unless otherwise agreed.))2 ((A session of the Commission
shall remain in session for no more than 15 days, unless
otherwise agreed.))1 ((As a rule, a session of the
Commission shall last no longer than 15 days unless otherwise
agreed))2.

((4. In accordance with Article XII of the Treaty, the
Parties shall have the right to consider questions concerning
fulfillment of 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, and conducting inspections and visits; and to work out
measures that may be necessary for improving the viability
and effectiveness of the Treaty.))2

((4.))1 ((10))2 The Commissioner((s))2 ((or Deputy
Commissioner))1 of ((each of))1 the Parties ((may))1
((shall))2 ((, without the convening of a session of the
Commission,))1 communicate with ((the Commissioner of the
other Party))1 ((each other))2 ((in order to clarify any
unclear situations or to resolve questions))1 ((during the
intersessional period concerning questions that are related
to the competency of the Commission))2.

((III. Convening a Special Session of the Commission))1

((1. A special session of the Commission shall be convened
at the request of either Party to address what the requesting


Party considers to be an urgent concern relating to
compliance of the other Party with the obligations assumed
under the Treaty Such a request shall include, at a minimum,
the following:

(a) the nature of the concern, including the kind and, if
applicable, the type of strategic offensive arms related to
the concern;

(b) the name of the head representative of the Party; and

(c) the proposed date and location for the convening of the
special session.

The requesting Party may also propose in the request a
specific method for resolving the concern. Such a method may
include, but is not limited to, a visit with special right of
access to the facility or location where, in the opinion of
the requesting Party, the activity that caused the concern
took place.



2. No later than seven days after receiving such a request,
the requested Party shall submit a response. Such a response
shall include either:

(a) acceptance of the proposed date and location for the
convening of the special session; or

(b) a proposal for an alternate date and location for the
convening of the special session. The alternate date shall
be no later than ten days after the date proposed by the
requesting Party.



3. The response of the requested Party may also include:

(a) acceptance of the proposed specific method for resolving
the concern, including, if a visit with special right of
access is planned, the proposed date, location, and
procedures for such a visit; or

(b) a proposal for a specific method for resolving the
concern, including, if a visit with special right of access
is planned, the proposed date, location, and procedures for
such a visit.

If the Parties agree to a visit with special right of access
or another method for resolving the concern, the Parties may
agree not to convene the special session. Visits with
special right of access may be conducted in accordance with
the provisions of the Inspection Protocol, as applicable.



4. Either Party may request additional information related
to the concern. A response to such a request shall be
submitted no later than seven days after receipt of the
request, but shall not affect the time for convening the
special session of the Commission, if such a session is held.



5. A special session of the Commission shall remain in
session for no more than 30 days.))1

((IV. Agenda))1

((1.))1 ((3.))2 The agenda for a session of the Commission


shall consist of those questions that the Parties have
included in the communications provided to each other in
accordance with paragraph ((1))1 ((2))2 of ((this))2
Section ((II of this Protocol))1.

((2.))1 Each Party shall have the right to raise in the
Commission questions that arise ((immediately preceding or))1
during a session of the Commission; provided ((, however,))1
that ((for))2 consideration of such questions during the
current session ((shall be subject to agreement of the
Parties))1 ((agreement of the other Party shall be
required.))2 ((In case of such agreement, the Parties shall
allow sufficient time prior to consideration of such
questions for preparation and any changes in the composition
of their delegations that are required.))1 The Parties shall
((also))1 have the right ((during the current session))2 to
agree on the ((starting))2 date, length and location of the
next session of the Commission and onQe questions that the
Parties intend to raise at that session.

((3. Sessions of the Commission shall be convened
irrespective of the number of questions on the agenda.))1

((V. Work of the Commission))1

((7.))2 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 ((, which shall be done in two
originals, each in the English and Russian languages, both
texts being equally authentic))1. Such documents shall not
be confidential, except as otherwise agreed by the Commission.

((VI. Costs))1

((9.))2 Each Party shall bear the cost of its participation
in the work of the Commission.

((VII. Communications))1

((8.))2 Communications pursuant to this ((Protocol))1
((Section))2 ((,with the exception of paragraph 1 of this
Section,))2 ((shall be provided through diplomatic channels;
or))1 shall be provided through the Nuclear Risk Reduction
Center((s))2 ((of the United States of America, and the
Nuclear Risk Reduction Center of the Russian Federation))1.

((VIII. Additional Procedures and Provisional Application))1

((1. The Parties shall have the right to agree upon
additional procedures governing the operation of the
Commission.



2. The provisions of Article XIII of the Treaty and the
provisions of this Protocol shall apply provisionally from
the date of signature of the Treaty for a 12 month period,
unless, before the expiration of this period:

(a) a Party communicates to the other Party its decision to
terminate the provisional application of the provisions of
Article XIII of the Treaty and the provisions of this
Protocol; or


(b) the Treaty enters into force.

The Parties may agree to extend the provisional application
for additional periods, subject to the same conditions
specified in subparagraphs (a) and (b) of this paragraph.



3. The provisions of Article XIII of the Treaty and the
provisions of this Protocol shall apply provisionally in
light of and in conformity with the other provisions of the
Treaty.))1

((This Protocol is an integral part of the Treaty and shall
enter into force on the date of entry into force of the
Treaty and shall remain in force so long as the Treaty
remains in force. As provided for in subparagraph (b) of
Article XIII of the Treaty, the Parties may agree upon such
additional measures as may be necessary to improve the
viability and effectiveness of the Treaty. The Parties agree
that, if it becomes necessary to make changes in this
Protocol that do not affect substantive rights or obligations
under the Treaty, they shall use the Commission to reach
agreement on such changes, without resorting to the procedure
for making amendments set forth in Article XVI of the
Treaty.))1

((Done at ( ) on , in two originals, each
in the English and Russian languages, both texts being
equally authentic.))1

((FOR THE UNITED STATES OF AMERICA:

FOR THE RUSSIAN FEDERATION:))1



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


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End text.



4. (U) Gottemoeller sends.
RICHTER