(U) START FOLLOW-ON NEGOTIATIONS, GENEVA

S E C R E T GENEVA 000912

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E.O. 12958: DECL: 10/26/2019
TAGS: KACT MARR PARM PREL RS US START
SUBJECT: (U) START FOLLOW-ON NEGOTIATIONS, GENEVA
(SFO-GVA-VI): REQUEST FOR GUIDANCE-001, JCIC AGREEMENT TO
RELEASE THE FINAL DATA FOR EACH CATEGORY OF DATA CONTAINED
IN THE MEMORANDUM OF UNDERSTANDING

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


1. (U) This is SFO-GVA-VI-015 -- Request for Guidance-001.


2. (S) The text in paragraph 4 below is a U.S.-proposed text
of Joint Compliance and Inspection Commission (JCIC)
Agreement Number 57 to Release the Final Data for Each
Category of Data Contained in the Memorandum of Understanding
(MOU). Delegation requests that JCIC Backstopping prepare an
appropriate demarche for transmittal to capitals and for
authorization for JCIC Representative Taylor to negotiate and
sign an agreement that is not substantively different from
the U.S.-proposed text contained in paragraph 4.


3. (S) Background and analysis. Paragraph 2 of Section I of
the Notification Protocol requires the Parties to provide
"notification, no later than 30 days after the expiration of
each six-month period following the entry into force of the
Treaty, providing updated data for each category of data
contained in the Memorandum of Understanding." This
requirement was subsequently modified by JCIC Agreement 37
such that, "if the data for Annex D, E, F, G, H, or I have
not changed during such six-month period, a statement that no
change has occurred in such Annex since the previous
six-month update notification may be substituted for the data
for that Annex." The last six-month update to the MOU was
dated July 1, 2009 and, if the START Treaty did not expire on
December 5, 2009, the next six-month update would be
submitted on January 1, 2010. Additionally, paragraph 6 of
Article VIII of the START Treaty allows the Parties to agree
to release to the public information contained in the MOU.
Taking into consideration that the Treaty expires less than
one month prior to what would be a scheduled MOU update,
Delegation believes that providing a close-out MOU update, as
of December 1, 2009, with a public release date of December
5, 2009, which would provide a final, official accounting of
START implementation would be desirable.


4. (S) Begin text:

JOINT COMPLIANCE AND INSPECTION COMMISSION
AGREEMENT NUMBER 57
RELATING TO THE TREATY BETWEEN
THE UNITED STATES OF AMERICA AND
THE UNION OF SOVIET SOCIALIST REPUBLICS
ON THE REDUCTION AND LIMITATION
OF STRATEGIC OFFENSIVE ARMS
OF JULY 31, 1991

AGREEMENT TO RELEASE THE FINAL DATA
FOR EACH CATEGORY OF DATA CONTAINED IN
THE MEMORANDUM OF UNDERSTANDING

The Government of the Republic of Belarus, the
Government of the Republic of Kazakhstan, the Government of
the Russian Federation, the Government of Ukraine, and the
Government of the United States of America, hereinafter
referred to as the Parties,

In accordance with the Treaty between the United States
of America and the Union of Soviet Socialist Republics on the



Reduction and Limitation of Strategic Offensive Arms of July
31, 1991, hereinafter referred to as the Treaty,

To improve the viability and effectiveness of the
Protocol on Notifications Relating to the Treaty, hereinafter
referred to as the Notification Protocol,

Have agreed as follows:

Article One

The following two new sentences shall be inserted after
the end of the second sentence of paragraph 2 of Section I of
the Notification Protocol. The new sentences shall read:

"A notification, providing updated data, current as of
December 1, 2009, for each category of data contained in the
Memorandum of Understanding, shall be provided on the date of
the expiration of the Treaty, except that a statement that no
change has occurred since the previous six-month update
notification may be substituted for the data for Annexes D,
E, F, G, H, and I, if applicable. Such notification shall be
releasable to the public as of December 5, 2009, subject to
the provisions of paragraph 6 of Article VIII of the Treaty."

Article Two

This Agreement shall enter into force on the date of its
signature, and shall remain in force as long as the Treaty
remains in force.

IN WITNESS WHEREOF the undersigned, being duly authorized by
their respective Governments, have signed this Agreement.

DONE at (blank) on (blank),in five originals, each in the
English and Russian languages, both texts being equally
authentic.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
FOR THE GOVERNMENT OF THE REPUBLIC OF BELARUS:
FOR THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN:
FOR THE GOVERNMENT OF THE RUSSIAN FEDERATION:
FOR THE GOVERNMENT OF UKRAINE:

End text.


5. (U) Gottemoeller sends.
GRIFFITHS