RESPONSE TO RUSSIA'S DRAFT AFGHANISTAN TRANSIT

C O N F I D E N T I A L SECTION 01 OF 05 STATE 060382

SIPDIS

E.O. 12958: DECL: 06/11/2019
TAGS: MARR PREL AF RS US
SUBJECT: RESPONSE TO RUSSIA'S DRAFT AFGHANISTAN TRANSIT
AGREEMENT

REF: MOSCOW 1487

Classified By: Ambassador Stephen D. Mull, reasons 1.4(b) and (d).


1. (C) On June 10, Amb. Mull, from the Office of the
Undersecretary for Arms Control & International Security,
provided Russian MFA North America Director Igor Neverov with
the USG response to the draft agreement Russia had provided
on May 27 (reftel). The text of the USG response is in
paragraph 3. A Microsoft Word version showing tracked
changes has been sent via email on the unclassified network
to Embassy Moscow.


2. (C) Amb. Mull reviewed the major changes proposed by the
USG, including the issues of fees for state flights,
mandatory landings for transiting aircraft, inspections of
U.S. flights, and a possible cap on the number of state
flights. Neverov said that he would circulate the text to
the appropriate officers in the MFA and Russian interagency,
and would be prepared to negotiate the differences between
the U.S. and Russian proposals with Amb. Mull in Moscow next
week.

TEXT OF THE USG PROPOSAL
--------------


3. (C) The text of the USG proposal that had been cleared
with the Department of Defense, the NSC staff, and
appropriate offices in the State Department is below.

BEGIN DRAFT TEXT OF AGREEMENT


Title: Agreement between the Government of the Russian
Federation and the Government of the United States of America
on the Transit of Military Property and Personnel through the
Territory of the Russian Federation in Connection with the
Participation of the Armed Forces of the United States of
America in Efforts for the Stabilization and Reconstruction
of the Islamic Republic of Afghanistan

The Government of the Russian Federation (the Russian
Party) and the Government of the United States of America
(the U.S. Party),hereinafter collectively referred to as the
Parties,

Guided by the provisions of Resolutions 1368 (2001),
1373 (2001),1386 (2001),and 1444 (2002) of the United
Nations Security Council,

For purposes of promoting international efforts in the
Islamic Republic of Afghanistan,

Have agreed as follows:

Article 1


1. This Agreement defines the procedure for the transit
of armaments, military equipment, military property, and
personnel by the U.S. Party through the territory of the
Russian Federation for purposes of supporting international
efforts in the Islamic Republic of Afghanistan.


2. For purposes of this Agreement the terms used herein
shall mean the following:

a) "armaments, military equipment, and military
property" - munitions of war and implements of war, as well
as other special equipment and other shipments for equipping
the armed forces, spare parts, devices and their component
parts, systems to support the daily activities of armed
forces personnel, collective and individual protective gear
against weapons of mass destruction, prophylaxes and
treatments against the effects of weapons of mass
destruction, logistical support, (special logistics
equipment),(U.S. requests clarification on what Russia means
by "special logistics equipment"),military uniforms and
accessories;

b) "transit" - the movement by air of armaments,
military equipment, military property and personnel through
the territory of the Russian Federation by aircraft,

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beginning and ending outside the territory of the Russian
Federation;

c) "overflight" - the movement of aircraft through the
territorial airspace of the Russian Federation along routes
provided by the competent Russian authorities, which begins
and ends outside the territory of the Russian Federation;

d) "aircraft" - U.S. state (including military)
aircraft and aircraft chartered by the U.S. Party;

(definitions no longer used in this agreement have been
deleted.)

Article 2


1. Aircraft moving armaments, military equipment,
military property, and personnel may transit without making
an intermediate stop on the territory of the Russian
Federation.


2. Transits shall take place under the general
authorization issued by the Russian competent authorities.
The U.S. Party shall provide notice of such transits to the
Russian Party in accordance with paragraph 5 of this Article.


3. The U.S. Party shall request, in writing, a general
authorization from the competent Russian authorities. The
competent Russian authorities shall issue the general
authorization within one month of receiving the U.S. Party's
request.


4. The general authorization issued by the Russian
competent authorities shall permit transit of armaments,
military equipment, military property, and personnel for a
time period of twelve months. This authorization shall be
extended for additional twelve month periods if the flight
conditions (U.S. requests clarification on what is meant by
"flight conditions") have not changed. The general
authorization is automatically cancelled if this Agreement is
terminated. The number of aircraft chartered by the U.S.
Party making such transits is not limited. The number of
U.S. state (including military) aircraft making such transits
shall not exceed (number to be agreed upon) U.S. state
(including military) aircraft during the initial twelve
months of general authorization, and in each subsequent
twelve-month period of general authorization.


5. The U.S. Party shall notify the Russian Party
through diplomatic channels no later than 48 hours before
each planned transit under this Agreement. In this regard
the following information shall be indicated:

a) country in which the aircraft is registered;
b) type of aircraft and maximum take-off weight (MTOW);
c) call sign;
d) flight number, if assigned;
e) if known, the name and grade of the aircraft
commander, and the number of crew members;
f) the presence of passengers on board the aircraft;
g) general description of contents of the shipment; and
h) route of the aircraft and overflight time;


6. At the request of the Russian Party for purposes of
inspection, the U.S. Party shall provide to the Russian
Party, through diplomatic channels, a copy of the cargo
manifest and the number of personnel on the aircraft.


7. The Russian Party has the right to refuse transit
notified by the U.S. Party under this Agreement if it has
been established that the movement of the shipment and
personnel does not comply with the objectives of this
Agreement, or may present a threat to the national security
of the Russian Federation.


8. The Russian Party has the right to cancel a transit
notified by the U.S. Party under this Agreement if the
transit conditions are violated by the U.S. Party.. If the
transit is cancelled, the U.S. Party shall, at its own
expense, ensure the return of the armaments, military
equipment, military property and personnel for which the
transit authorization was cancelled which were located within
the territory of the Russian Federation at the time of
cancellation, to a location outside the territory of the
Russian Federation.

Article 3

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1. The personnel on aircraft transiting the territory
of the Russian Federation under this Agreement may transit
without a visa on a traveling passport, or, as appropriate,
with military orders or identification card without visa or a
traveling passport.


2. The aircraft transiting the territory of the Russian
Federation under this Agreement shall transit the territory
of the Russian Federation as quickly as possible. In the
event of an intermediate landing, the Parties shall
coordinate on all issues associated with supporting the stay
of personnel in the territory of the Russian Federation.

Article 4


1. Personnel transiting the territory of the Russian
Federation under this Agreement shall respect the laws of the
Russian Federation while in the territory of the Russian
Federation. The U.S. Party shall inform its personnel
transiting the territory of the Russian Federation under this
Agreement of the need to respect the laws of the Russian
Federation.


2. While in the territory of the Russian Federation,
personnel may not leave the aircraft with weapons on their
person without the permission of the competent Russian
authorities.


3. While in the territory of the Russian Federation,
military personnel may wear their military uniforms.


4. In case of an unscheduled intermediate landing, and
upon request by the aircraft commander, competent Russian
authorities shall authorize the provision of basic health and
comfort services to the passengers and crew on the aircraft
on a reimbursable basis.

Article 5


1. Russian Federation jurisdiction shall apply to the
U.S. personnel during their stay within the territory of the
Russian Federation, except for cases specified in paragraph 2
of this Article.


2. The jurisdiction of the Russian Federation shall not
apply to the U.S. personnel during their stay within the
territory of the Russian Federation in connection with this
Agreement:
a) if the U.S. personnel commit crimes or offenses that
harm the safety or damage the property of the U.S. Party,
another member of the U.S. personnel, or his property;
b) if the U.S. personnel commit crimes or offenses in
the performance of their official duties.

Article 6


1. The U.S. Party agrees that, during transit under this
Agreement of armaments, military equipment, military property
and personnel, it will respect the laws of the Russian
Federation pertaining to border and customs control.


2. If an aircraft makes an intermediate stop in the
territory of the Russian Federation, the documentation
pertaining to armaments, military equipment, military
property, and personnel may only be inspected for purposes of
border and customs control. Documents and information needed
to perform border and customs control may only be requested
and checked if the border and customs authorities of the
Russian Federation have reason to believe that the specified
property is not, in fact, the property for which transit had
been authorized. In such cases, the U.S. Party shall provide
a manifest of the cargo and number of personnel on board the
aircraft, if not previously provided. In the event the
border and customs authorities of the Russian Federation
request to inspect the cargo or personnel physically, the
U.S. Party shall either unload the cargo and/or personnel for
inspection outside the aircraft or shall, alternatively,
elect to have the aircraft depart Russian Federation
territory and return to the aircraft's point of origin prior
to entering Russian Federation territory.


3. Armaments, military equipment, military property,
and personnel shall be allowed to cross the national border
of the Russian Federation free of customs duties, taxes and
other similar fees.


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Article 7

In cases of aircraft conditions impairing safety of
flight and requiring immediate landing or grounding of
aircraft, the Russian Party shall allow U.S. personnel and
equipment access to the aircraft for purposes of effecting
repairs. Such U.S. personnel shall depart the territory of
the Russian Federation immediately following the completion
of repairs.

Article 8

While in Russian Federation territorial airspace,
flights shall be carried out pursuant to the rules
established by the International Civil Aviation Organization
(ICAO) and Russian Federation flight rules.

Article 9


1. The U.S. Party shall pay for landing fees for U.S. state
(including military) aircraft at commercial airports in the
territory of the Russian Federation. The U.S. Party and
contractors of civil aircraft chartered by the U.S. Party
shall each pay for fuel, ground handling, and other airport
services requested and received at airports in the territory
of the Russian Federation. Services provided to U.S. state
(including military) aircraft shall be billed at rates no
less favorable than those paid by the Armed Forces of the
Russian Federation.


2. In support of international efforts in the Islamic
Republic of Afghanistan, the Russian Party agrees to bear any
loss of revenue associated with facilitating movement of U.S.
state (including military) aircraft, which shall be free from
customs inspections, customs charges, navigation charges,
fees for landing and parking at airports owned by the Russian
Party, and any similar fees or charges assessed by the
Russian Party or competent Russian authorities and entities.


3. Civil aircraft chartered by the U.S. Party shall be
subject to customs inspections fees, customs charges, landing
and parking fees, navigation charges, and any other charges
by the Russian Party or competent Russian authorities to the
same extent other civil aircraft are subject to such fees
under Russian Federation laws and regulations.

Article 10

Information obtained by one Party regarding overflight
or transit may not be transmitted to a third Party without
the written authorization of the other Party.

Article 11

The Parties waive any and all claims, other than
contractual claims, against each other for damage to, loss,
or destruction of property owned by a Party, or death or
injury to any military or civilian personnel of either Party,
arising out of activities under this Agreement. Claims by
third parties arising out of the acts or omissions of any
U.S. personnel may, at the discretion of the U.S. Party, be
dealt with and settled by the U.S. Party in accordance with
U.S. law. The U.S. Party shall ensure that operators of
civil aircraft chartered by the U.S. Party have sufficient
insurance coverage to pay claims that may arise from their
operations in the territory of the Russian Federation.

Article 12

Disputes regarding the application and interpretation
of this Agreement shall be resolved through consultations and
negotiations between the Parties.

Article 13

The activities of the U.S. Party under this Agreement
are subject to the availability of appropriated funds.

Article 14


1. This Agreement shall enter into force on the date of
the written notification to the United States of America that
the Russian Federation has fulfilled its necessary internal
governmental procedures for the entry into force of the
Agreement.


2. This Agreement shall apply provisionally from the

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date of its signature.


3. This Agreement shall have a duration of one year
from its entry into force per paragraph 1 of this Article.
It shall be automatically extended for subsequent one-year
periods unless either Party notifies the other Party in
writing through diplomatic channels of its intention not to
extend it. Either Party may terminate this Agreement at any
time after notifying the other Party to that effect through
diplomatic channels. In that case this Agreement shall be
terminated thirty (30) days from the date of the relevant
notification.


Done at Moscow on July XX, 2009 in two copies, each in
the Russian and the English languages, both texts being
equally authentic.

//Signature blocks//

END DRAFT TEXT OF AGREEMENT


POINT OF CONTACT
--------------


4. (U) Please contact Daniel Wartko in PM/RSAT at (202)
647-6391 or via email at WartkoDJ@state.sgov.gov for further
background information.
CLINTON