Identifier
Created
Classification
Origin
09STATE65194
2009-06-23 23:56:00
CONFIDENTIAL
Secretary of State
Cable title:
REVISED DRAFT OF THE RUSSIA AFGHANISTAN TRANSIT
how-toVZCZCXRO7313 OO RUEHDBU RUEHSL RUEHSR DE RUEHC #5194/01 1750020 ZNY CCCCC ZZH O P 232356Z JUN 09 FM SECSTATE WASHDC TO RUEHMO/AMEMBASSY MOSCOW IMMEDIATE 1359 INFO ALL NATO POST COLLECTIVE PRIORITY CIS COLLECTIVE PRIORITY NATO EU COLLECTIVE PRIORITY RUEKJCS/SECDEF WASHINGTON DC PRIORITY RHMFISS/JOINT STAFF WASHINGTON DC PRIORITY RHEHAAA/WHITE HOUSE WASHINGTON DC PRIORITY 4087
C O N F I D E N T I A L SECTION 01 OF 07 STATE 065194
SIPDIS
E.O. 12958: DECL: 06/23/2019
TAGS: MARR PREL AF RS US
SUBJECT: REVISED DRAFT OF THE RUSSIA AFGHANISTAN TRANSIT
AGREEMENT
Classified By: Ambassador Stephen D. Mull, reasons 1.4(b) and (d).
C O N F I D E N T I A L SECTION 01 OF 07 STATE 065194
SIPDIS
E.O. 12958: DECL: 06/23/2019
TAGS: MARR PREL AF RS US
SUBJECT: REVISED DRAFT OF THE RUSSIA AFGHANISTAN TRANSIT
AGREEMENT
Classified By: Ambassador Stephen D. Mull, reasons 1.4(b) and (d).
1. (C) This is an action request. Please see paragraph 2, 3,
and 4.
2. (C) Post is requested to provide the revised draft of the
Russia Afghanistan Transit Agreement to the MFA. The text of
the revised draft is in paragraph 5 below. A Microsoft Word
version of the agreement with tracked revisions will be sent
via email to Embassy Moscow's Political section. Post is
requested to share that electronic version with the MFA for
speed and ease of editing.
EXPLANATORY NOTES
--------------
3. (C/REL RUSSIA) Post is also requested to draw upon the
following explanatory notes for major edits that we have made
following the June 17 negotiations in Moscow. The changes
that both sides agreed to during our negotiations on June 17
have been incorporated into the text, but these additional
explanatory notes may prevent misunderstandings and speed up
the next, final round of negotiations.
A. Article 1, paragraph 2.a: The reference to the "Chicago
Convention" removes the term "munitions of war" from the
text, as requested by the Russian side. We have also here,
as well as elsewhere through the text, clarified that we are
talking about military transport and other state transport
flights (as distinct from other military flights).
B. Article 2 has been revised significantly, but is based
upon the original Russian version of the text. At Russia's
suggestion, in paragraph 1.b. we have expanded upon the list
of items that would be exempt from required stopovers in
Russia. We have also added two annexes that clarify those
items that would require a one-time authorization for
overflight (Annex 1) and those items that would be required
to stop in Russia (Annex 2).
C. In Article 2, paragraph 2, we have made explicit our
understanding that the items covered in Article 2, paragraphs
1.a and 1.b. would be exempt from the requirement to land,
and that the items in paragraph 1.d would necessitate a
landing in Russia.
D. In Article 2, paragraph 3, we are still seeking
clarification on what the Russian side means by "flight
conditions."
E. In Article 2, paragraph 4, we include the procedure for
requesting a general authorization, and in paragraph 6, we
include the procedure for requesting a one-time
authorization. While similar, based upon the Russian
description of the requirements, the general authorization
requires less-specific information. In paragraph 5, we
request Russia's agreement to decide one-time authorizations
within 14 days instead of a month in light of the possible
exigent nature of one-time authorizations.
F. For Article 2, paragraph 7, we are providing the
following information on the number, type, and flight path of
STATE flights that we would like to fly annually under this
agreement. We estimate that we would fly 4,500 flights/year
(3,500 C-17s, and 1,000 C-5s). C-17 aircraft have a maximum
takeoff weight of 585,000 lbs (265,000 kg). C-5 aircraft
have a maximum takeoff weight of 769,000 lbs (349,800 kg).
The flights would originate mainly from Western Europe and
fly on average 900 km each way over Russian territory. Our
understanding is that the Russian side will use these numbers
to determine their "lost revenue" for budgeting purposes. As
discussed at the June 17 negotiations, any cap in the
agreement should be on the number of flights, and not a
monetary amount.
G. In Article 5, paragraph 2.b., we have deleted the word
"direct" from before "performance of duty" because we do not
see what distinction that word provides.
H. In Article 6, paragraph 1, we offer more specificity of
the other types of inspections to which U.S. flights might be
subject. In paragraph 3, we have added clarity to the issue
STATE 00065194 002 OF 007
of taxes and fees. We also continue to ask, in paragraph 3,
for the right to withdraw an attempt to transit the Russian
federation in lieu of inspection by the Russian authorities.
I. In Article 9, we have withdrawn the request for specific
language on the cost of fuel and other airport services.
J. In Article 11, paragraph 2, we have added text to address
issues of liability to ensure that the Russian government's
immunity from liability will not be compromised through this
agreement.
K. In Article 13, we have included text that is required in
binding U.S. agreements, but have added text to clarify for
Russia that the U.S. will not undertake activities under this
agreement unless and until funds have been appropriated.
L. In Article 14, we respond to the Russian request for
clarity that implementation of the agreement will depend on
fulfilling national procedures required for entry into force.
NEXT MEETING
--------------
4. (SBU) Please propose a return visit by the U.S.
delegation to finalize this agreement on Thursday, July 2.
TEXT OF THE USG PROPOSAL
--------------
5. (SBU) The text of the USG proposal that had been cleared
with the Department of Defense and appropriate offices in the
State Department is below.
BEGIN DRAFT TEXT OF AGREEMENT
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 Promoting the Security, 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 for the
security, stabilization, and reconstruction of 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 for the security, stabilization, and reconstruction
of 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" - Items described in Article 35(a) of the
Convention on International Civil Aviation done at Chicago,
December 7, 1944, 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, logistics equipment and
supplies, 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,
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;
STATE 00065194 003 OF 007
d) "aircraft" - U.S. military transport aircraft and
other state transport aircraft, and aircraft chartered by the
U.S. Party.
Article 2
1. a) Aircraft moving personnel carrying personal arms,
means of personal protection, and uniforms; may transit
without making an intermediate stop in the territory of the
Russian Federation.
b) Aircraft moving spare parts; collective protective
gear against weapons of mass destruction; prophylaxes and
treatments for the effects of weapons of mass destruction,
logistics equipment and supplies; flares; military weapons;
artillery; revolvers and pistols; fire-arms and other
blast-charge devices; self-propelled armored combat vehicles
without weapons; flame throwers; grenade launchers;
cartridges, shells, or other munitions, and their parts; and
other armaments, military equipment, and military property
not described in Article 2, paragraph 1.c of this Agreement
may transit under a general authorization without making an
intermediate stop in the territory of the Russian Federation.
c) Aircraft moving armaments, military equipment, and
military property specified in Annex 1 may transit the
Russian Federation under a one-time authorization. An
intermediate stop is required only for such items that are
also specified in Annex 2.
d) An intermediate stop in the territory of the Russian
Federation is mandatory for transshipments of armaments,
military equipment, and military property specified in Annex
2. Aircraft making an intermediate stop shall be allowed to
continue as soon as possible after landing, and ordinarily
within 24 hours of landing.
2. Transits pursuant to paragraphs 1.a and 1.b under
Article 2 of this Agreement shall take place under a general
authorization issued by the Russian competent authorities.
Transits pursuant to paragraphs 1.c and 1.d under Article 2
of this Agreement shall take place based under a one-time
authorization issued by the Russian competent authorities.
The U.S. Party shall provide notice of each transit to the
Russian Party in accordance with paragraph 8 of this Article.
3. The U.S. Party shall request, in writing, a general
authorization from the competent Russian authorities. 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 automatically
extended for additional twelve month periods unless the
Russian Party indicates in advance and in writing through
diplomatic channels that the flight conditions (U.S. requests
clarification on what is meant by "flight conditions") have
changed. The general authorization is automatically
cancelled if this Agreement is terminated. The competent
Russian authorities shall issue the general authorization
within one month of receiving the U.S. Party's request if the
provisions of paragraph 5 of this Article have been met.
.
4. In order to obtain a general authorization, the
U.S. Party shall send a request in the Russian and the
English languages. The request shall contain the following
information:
a) the general anticipated destinations;
b) a general description of the cargo and personnel
anticipated to be transported;,
c) the general address and general identification of the
recipient of the shipment;
d) planned period during which transits will occur;
e) anticipated general transit routes;
f) anticipated access points, and if necessary, possible
locations for intermediate stops of the aircraft in the
territory of the Russian Federation (airports and airfields
open to international transport).
5. In the event of the situations not covered by a
general authorization, such as the need to transship cargo or
personnel not specified in the general authorization, the
transit will take place based on a one-time authorization,
which the U.S. Party shall request in writing from the
competent Russian authorities, and which shall be valid for a
period of three months from the date of issuance. A one-time
transit authorization shall be issued within fourteen days
after receipt of a written request from the U.S. Party by the
competent Russian authorities if the provisions of paragraph
6 of this Article have been met.
STATE 00065194 004 OF 007
6. In order to obtain a one-time transit
authorization, the U.S. Party shall send a request in the
Russian and the English languages. The request shall contain
the following information:
a) the destination and a general description of the
transported cargo and personnel;
b) armaments, military equipment and military property to be
transported;
c) address and required information of the recipient of the
shipment;
d) planned transit schedule;
e) transit route;
f) access points, and if necessary, locations for
intermediate stops of the aircraft in the territory of the
Russian Federation (airports and airfields open to
international transport).
7. The number of aircraft chartered by the U.S. Party
making such transits is not limited. The number of U.S.
military transport aircraft and other state transport
aircraft making such transits shall not exceed (number to be
agreed upon) U.S. military transport aircraft and other state
transport aircraft during the initial twelve months of
general authorization, and in each subsequent twelve-month
period of general authorization.
8. The U.S. Party shall send notice 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,
indicating the weight and size of cargo containers or cargo
items, as appropriate, and their number in conventional units
of measure; and
h) route of the aircraft and overflight time.
9. 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.
10. 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
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 a Geneva Convention Card (military 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
STATE 00065194 005 OF 007
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 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 in 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 shall respect the laws of the
Russian Federation pertaining to border and customs control,
veterinary control and phytosanitary 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 airc
raft'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, license
fees, undue restrictions, taxes and other similar charges.
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,
equipment, and repair parts access to the aircraft free of
customs duties, license fees, undue restrictions, taxes and
other similar charges 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 with respect for the laws of the
Russian Federation and pursuant to the rules established by
the International Civil Aviation Organization (ICAO),and
this Agreement.
Article 9
1. The U.S. Party shall pay for landing fees for U.S.
military transport aircraft and other state transport
STATE 00065194 006 OF 007
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.
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.
military transport aircraft and other state transport
aircraft free from customs inspections, customs charges,
navigation charges, overflight fees, 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
1. The Parties waive any claims 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.
2. Nothing in this Agreement shall be construed as
waiving the immunity of the Parties with respect to potential
third-party claims that may be brought against either of the
Parties. However, the U.S. Party, at its discretion, may
deal with and settle claims by third parties arising out of
the acts or omissions of any U.S. personnel in accordance
with U.S. law.
3. 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
All undertakings of the U.S. Party are subject to the
availability of appropriated funds. The U.S. Party shall not
undertake activities under this Agreement in the absence of
appropriated funds.
Article 14
1. This Agreement shall enter into force upon an
exchange of notes confirming that each Party has completed
the necessary domestic legal requirements to bring the
Agreement into force.
2. This Agreement shall apply provisionally from the
date of its signature.
3. This Agreement may be amended in writing by the
written agreement of the Parties.
4. 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.
STATE 00065194 007 OF 007
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//
ANNEX 1
The following items require one time transit authorization:
3602 00 000 0 Military explosives other than gunpowder
3604 Anti-mist rockets and other pyrotechnic items
871000 000 0 Tanks and other self-propelled armored combat
vehicles with weapons, and spare parts for
them
8802 Aircraft (helicopters and planes),spacecraft
(including satellites) and suborbital and
space
carrier vehicles
9301 11 000 0 Self-propelled military weapons
9301 20 000 0 Rocket launchers; torpedo tubes and similar
projectors
9305 91 000 0 Spare parts for items listed under paragraphs
9301
9306 Bombs, grenades, torpedoes, mines, missiles,
and their parts
ANNEX 2
The following items require a stopover within the territory
of the Russian Federation:
9301 11 000 0 Self-propelled military weapons
9301 20 000 0 Rocket launchers; torpedo tubes and similar
projectors
9305 91 000 0 Parts and accessories of military weapons
of heading 9301 11 000 0, and 9301 20 000 0
9306 Bombs, grenades, torpedoes, mines, and
missiles, and their parts
END DRAFT TEXT OF AGREEMENT
POINT OF CONTACT
--------------
6. (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
SIPDIS
E.O. 12958: DECL: 06/23/2019
TAGS: MARR PREL AF RS US
SUBJECT: REVISED DRAFT OF THE RUSSIA AFGHANISTAN TRANSIT
AGREEMENT
Classified By: Ambassador Stephen D. Mull, reasons 1.4(b) and (d).
1. (C) This is an action request. Please see paragraph 2, 3,
and 4.
2. (C) Post is requested to provide the revised draft of the
Russia Afghanistan Transit Agreement to the MFA. The text of
the revised draft is in paragraph 5 below. A Microsoft Word
version of the agreement with tracked revisions will be sent
via email to Embassy Moscow's Political section. Post is
requested to share that electronic version with the MFA for
speed and ease of editing.
EXPLANATORY NOTES
--------------
3. (C/REL RUSSIA) Post is also requested to draw upon the
following explanatory notes for major edits that we have made
following the June 17 negotiations in Moscow. The changes
that both sides agreed to during our negotiations on June 17
have been incorporated into the text, but these additional
explanatory notes may prevent misunderstandings and speed up
the next, final round of negotiations.
A. Article 1, paragraph 2.a: The reference to the "Chicago
Convention" removes the term "munitions of war" from the
text, as requested by the Russian side. We have also here,
as well as elsewhere through the text, clarified that we are
talking about military transport and other state transport
flights (as distinct from other military flights).
B. Article 2 has been revised significantly, but is based
upon the original Russian version of the text. At Russia's
suggestion, in paragraph 1.b. we have expanded upon the list
of items that would be exempt from required stopovers in
Russia. We have also added two annexes that clarify those
items that would require a one-time authorization for
overflight (Annex 1) and those items that would be required
to stop in Russia (Annex 2).
C. In Article 2, paragraph 2, we have made explicit our
understanding that the items covered in Article 2, paragraphs
1.a and 1.b. would be exempt from the requirement to land,
and that the items in paragraph 1.d would necessitate a
landing in Russia.
D. In Article 2, paragraph 3, we are still seeking
clarification on what the Russian side means by "flight
conditions."
E. In Article 2, paragraph 4, we include the procedure for
requesting a general authorization, and in paragraph 6, we
include the procedure for requesting a one-time
authorization. While similar, based upon the Russian
description of the requirements, the general authorization
requires less-specific information. In paragraph 5, we
request Russia's agreement to decide one-time authorizations
within 14 days instead of a month in light of the possible
exigent nature of one-time authorizations.
F. For Article 2, paragraph 7, we are providing the
following information on the number, type, and flight path of
STATE flights that we would like to fly annually under this
agreement. We estimate that we would fly 4,500 flights/year
(3,500 C-17s, and 1,000 C-5s). C-17 aircraft have a maximum
takeoff weight of 585,000 lbs (265,000 kg). C-5 aircraft
have a maximum takeoff weight of 769,000 lbs (349,800 kg).
The flights would originate mainly from Western Europe and
fly on average 900 km each way over Russian territory. Our
understanding is that the Russian side will use these numbers
to determine their "lost revenue" for budgeting purposes. As
discussed at the June 17 negotiations, any cap in the
agreement should be on the number of flights, and not a
monetary amount.
G. In Article 5, paragraph 2.b., we have deleted the word
"direct" from before "performance of duty" because we do not
see what distinction that word provides.
H. In Article 6, paragraph 1, we offer more specificity of
the other types of inspections to which U.S. flights might be
subject. In paragraph 3, we have added clarity to the issue
STATE 00065194 002 OF 007
of taxes and fees. We also continue to ask, in paragraph 3,
for the right to withdraw an attempt to transit the Russian
federation in lieu of inspection by the Russian authorities.
I. In Article 9, we have withdrawn the request for specific
language on the cost of fuel and other airport services.
J. In Article 11, paragraph 2, we have added text to address
issues of liability to ensure that the Russian government's
immunity from liability will not be compromised through this
agreement.
K. In Article 13, we have included text that is required in
binding U.S. agreements, but have added text to clarify for
Russia that the U.S. will not undertake activities under this
agreement unless and until funds have been appropriated.
L. In Article 14, we respond to the Russian request for
clarity that implementation of the agreement will depend on
fulfilling national procedures required for entry into force.
NEXT MEETING
--------------
4. (SBU) Please propose a return visit by the U.S.
delegation to finalize this agreement on Thursday, July 2.
TEXT OF THE USG PROPOSAL
--------------
5. (SBU) The text of the USG proposal that had been cleared
with the Department of Defense and appropriate offices in the
State Department is below.
BEGIN DRAFT TEXT OF AGREEMENT
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 Promoting the Security, 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 for the
security, stabilization, and reconstruction of 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 for the security, stabilization, and reconstruction
of 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" - Items described in Article 35(a) of the
Convention on International Civil Aviation done at Chicago,
December 7, 1944, 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, logistics equipment and
supplies, 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,
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;
STATE 00065194 003 OF 007
d) "aircraft" - U.S. military transport aircraft and
other state transport aircraft, and aircraft chartered by the
U.S. Party.
Article 2
1. a) Aircraft moving personnel carrying personal arms,
means of personal protection, and uniforms; may transit
without making an intermediate stop in the territory of the
Russian Federation.
b) Aircraft moving spare parts; collective protective
gear against weapons of mass destruction; prophylaxes and
treatments for the effects of weapons of mass destruction,
logistics equipment and supplies; flares; military weapons;
artillery; revolvers and pistols; fire-arms and other
blast-charge devices; self-propelled armored combat vehicles
without weapons; flame throwers; grenade launchers;
cartridges, shells, or other munitions, and their parts; and
other armaments, military equipment, and military property
not described in Article 2, paragraph 1.c of this Agreement
may transit under a general authorization without making an
intermediate stop in the territory of the Russian Federation.
c) Aircraft moving armaments, military equipment, and
military property specified in Annex 1 may transit the
Russian Federation under a one-time authorization. An
intermediate stop is required only for such items that are
also specified in Annex 2.
d) An intermediate stop in the territory of the Russian
Federation is mandatory for transshipments of armaments,
military equipment, and military property specified in Annex
2. Aircraft making an intermediate stop shall be allowed to
continue as soon as possible after landing, and ordinarily
within 24 hours of landing.
2. Transits pursuant to paragraphs 1.a and 1.b under
Article 2 of this Agreement shall take place under a general
authorization issued by the Russian competent authorities.
Transits pursuant to paragraphs 1.c and 1.d under Article 2
of this Agreement shall take place based under a one-time
authorization issued by the Russian competent authorities.
The U.S. Party shall provide notice of each transit to the
Russian Party in accordance with paragraph 8 of this Article.
3. The U.S. Party shall request, in writing, a general
authorization from the competent Russian authorities. 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 automatically
extended for additional twelve month periods unless the
Russian Party indicates in advance and in writing through
diplomatic channels that the flight conditions (U.S. requests
clarification on what is meant by "flight conditions") have
changed. The general authorization is automatically
cancelled if this Agreement is terminated. The competent
Russian authorities shall issue the general authorization
within one month of receiving the U.S. Party's request if the
provisions of paragraph 5 of this Article have been met.
.
4. In order to obtain a general authorization, the
U.S. Party shall send a request in the Russian and the
English languages. The request shall contain the following
information:
a) the general anticipated destinations;
b) a general description of the cargo and personnel
anticipated to be transported;,
c) the general address and general identification of the
recipient of the shipment;
d) planned period during which transits will occur;
e) anticipated general transit routes;
f) anticipated access points, and if necessary, possible
locations for intermediate stops of the aircraft in the
territory of the Russian Federation (airports and airfields
open to international transport).
5. In the event of the situations not covered by a
general authorization, such as the need to transship cargo or
personnel not specified in the general authorization, the
transit will take place based on a one-time authorization,
which the U.S. Party shall request in writing from the
competent Russian authorities, and which shall be valid for a
period of three months from the date of issuance. A one-time
transit authorization shall be issued within fourteen days
after receipt of a written request from the U.S. Party by the
competent Russian authorities if the provisions of paragraph
6 of this Article have been met.
STATE 00065194 004 OF 007
6. In order to obtain a one-time transit
authorization, the U.S. Party shall send a request in the
Russian and the English languages. The request shall contain
the following information:
a) the destination and a general description of the
transported cargo and personnel;
b) armaments, military equipment and military property to be
transported;
c) address and required information of the recipient of the
shipment;
d) planned transit schedule;
e) transit route;
f) access points, and if necessary, locations for
intermediate stops of the aircraft in the territory of the
Russian Federation (airports and airfields open to
international transport).
7. The number of aircraft chartered by the U.S. Party
making such transits is not limited. The number of U.S.
military transport aircraft and other state transport
aircraft making such transits shall not exceed (number to be
agreed upon) U.S. military transport aircraft and other state
transport aircraft during the initial twelve months of
general authorization, and in each subsequent twelve-month
period of general authorization.
8. The U.S. Party shall send notice 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,
indicating the weight and size of cargo containers or cargo
items, as appropriate, and their number in conventional units
of measure; and
h) route of the aircraft and overflight time.
9. 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.
10. 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
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 a Geneva Convention Card (military 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
STATE 00065194 005 OF 007
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 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 in 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 shall respect the laws of the
Russian Federation pertaining to border and customs control,
veterinary control and phytosanitary 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 airc
raft'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, license
fees, undue restrictions, taxes and other similar charges.
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,
equipment, and repair parts access to the aircraft free of
customs duties, license fees, undue restrictions, taxes and
other similar charges 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 with respect for the laws of the
Russian Federation and pursuant to the rules established by
the International Civil Aviation Organization (ICAO),and
this Agreement.
Article 9
1. The U.S. Party shall pay for landing fees for U.S.
military transport aircraft and other state transport
STATE 00065194 006 OF 007
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.
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.
military transport aircraft and other state transport
aircraft free from customs inspections, customs charges,
navigation charges, overflight fees, 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
1. The Parties waive any claims 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.
2. Nothing in this Agreement shall be construed as
waiving the immunity of the Parties with respect to potential
third-party claims that may be brought against either of the
Parties. However, the U.S. Party, at its discretion, may
deal with and settle claims by third parties arising out of
the acts or omissions of any U.S. personnel in accordance
with U.S. law.
3. 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
All undertakings of the U.S. Party are subject to the
availability of appropriated funds. The U.S. Party shall not
undertake activities under this Agreement in the absence of
appropriated funds.
Article 14
1. This Agreement shall enter into force upon an
exchange of notes confirming that each Party has completed
the necessary domestic legal requirements to bring the
Agreement into force.
2. This Agreement shall apply provisionally from the
date of its signature.
3. This Agreement may be amended in writing by the
written agreement of the Parties.
4. 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.
STATE 00065194 007 OF 007
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//
ANNEX 1
The following items require one time transit authorization:
3602 00 000 0 Military explosives other than gunpowder
3604 Anti-mist rockets and other pyrotechnic items
871000 000 0 Tanks and other self-propelled armored combat
vehicles with weapons, and spare parts for
them
8802 Aircraft (helicopters and planes),spacecraft
(including satellites) and suborbital and
space
carrier vehicles
9301 11 000 0 Self-propelled military weapons
9301 20 000 0 Rocket launchers; torpedo tubes and similar
projectors
9305 91 000 0 Spare parts for items listed under paragraphs
9301
9306 Bombs, grenades, torpedoes, mines, missiles,
and their parts
ANNEX 2
The following items require a stopover within the territory
of the Russian Federation:
9301 11 000 0 Self-propelled military weapons
9301 20 000 0 Rocket launchers; torpedo tubes and similar
projectors
9305 91 000 0 Parts and accessories of military weapons
of heading 9301 11 000 0, and 9301 20 000 0
9306 Bombs, grenades, torpedoes, mines, and
missiles, and their parts
END DRAFT TEXT OF AGREEMENT
POINT OF CONTACT
--------------
6. (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