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