SFO-VI GUIDANCE-003/JCIC-DIP-09-012: JCIC

S E C R E T STATE 112533

SIPDIS
GENEVA FOR JCIC

E.O. 12958: DECL: 10/30/2029
TAGS: KACT PARM START RS US KZ UP BO
SUBJECT: SFO-VI GUIDANCE-003/JCIC-DIP-09-012: JCIC
AGREEMENT ON THE EXCHANGE AND PUBLIC RELEASE OF FINAL
START MEMORANDUM OF UNDERSTANDING (MOU) DATA

REF: GENEVA 0912 (SFO-GVA-VI-015/RFG-001)

Classified By: Jerry A. Taylor, Director, VCI/SI.
Reason: 1.4 (b) and (d).


1. (U) This is an action request. Astana, Kyiv and
Moscow, see paragraph 3 below. Geneva, see paragraph 5
below.


2. (S) BACKGROUND: Washington believes it would be
useful for the START Parties to exchange and release the
final data for each category of data contained in the
START Memorandum of Understanding (MOU) as of December 1,

2009. START, however, does not provide for such a final
exchange of data. We, therefore, wish to propose that the
START Parties agree to a final exchange of MOU data, as
well as to the public release of such data on December 5,
2009, subject to the provisions of paragraph 6 of Article
VIII of the Treaty. In view of the limited time remaining
before the Treaty expires, such an agreement will need to
be reached expeditiously.


3. (U) ACTION REQUEST FOR EMBASSIES ASTANA, KYIV, AND
MOSCOW: Embassies are requested to deliver the paper in
paragraph 6 below and the text in paragraph 7 below at the
earliest opportunity and to seek a response as soon as
possible. Each embassy is requested to confirm delivery
of the paper and text, the name and office of the official
to whom they were delivered, the date of delivery, and any
comment or reaction provided at that time.


4. (U) The paper and text in paragraphs 6 and 7 will be
sent directly to the Belarusian Government via a service
message transmitted by the U.S. Nuclear Risk Reduction
Center.


5. (S) ACTION REQUEST FOR GENEVA (START FOLLOW-ON
DELEGATION): On the margins of START Follow-on treaty
negotiations, the JCIC representative is authorized to
negotiate and sign an agreement that is not substantively
different from the text contained in paragraph 7 below.
The JCIC representative is also authorized to invoke the
procedures contained in subparagraphs (a),(b),and (c)
of Section V of the JCIC Protocol and to agree to temporary
observance of the agreement.


6. (S/Releasable to Belarus, Kazakhstan, Russia, and
Ukraine): Begin text of paper:

October 30, 2009

Exchange and Release of Final START Data

The START Treaty is set to expire on December 5 of
this year.

The United States believes that it would be useful
for the START Parties to exchange and release the final
data for each category of data contained in the Memorandum
of Understanding as of December 1, 2009, subject to the
provisions of paragraph 6 of Article VIII of the Treaty.

We recognize, however, that the Treaty does not
provide for such an exchange and release of data.

We, therefore, propose that the Parties conclude a
JCIC agreement in which they would agree to such an
exchange and release of data. Accordingly, we are
providing for your consideration a draft text of such an
agreement.

In view of the limited time remaining for the
negotiation of such an agreement and the preparation and
exchange of data, the United States requests your
expeditious consideration of this proposal. We would hope
to receive your response as soon as possible.

The United States urges favorable consideration of
this proposal and looks forward to receiving your
response.

End text of paper.


7. (S/Releasable to Belarus, Kazakhstan, Russia, and
Ukraine) Begin text of proposed JCIC agreement:

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 of proposed JCIC agreement.
CLINTON