Identifier
Created
Classification
Origin
09STATE91093
2009-09-01 17:33:00
SECRET
Secretary of State
Cable title:
SUPPLEMENTAL GUIDANCE FOR U.S. START FOLLOW-ON
VZCZCXYZ0003 OO RUEHWEB DE RUEHC #1093 2441755 ZNY SSSSS ZZH O 011733Z SEP 09 FM SECSTATE WASHDC TO RUEHMO/AMEMBASSY MOSCOW IMMEDIATE 0000 RUEHGV/USMISSION GENEVA IMMEDIATE 0000 INFO RUEAIIA/CIA WASHINGTON DC IMMEDIATE RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE RHEHNSC/WHITE HOUSE NATIONAL SECURITY COUNCIL WASHINGTON DC IMMEDIATE RHMFISS/DTRA ALEX WASHINGTON DC IMMEDIATE RHMFISS/DTRA DULLES WASHINGTON DC IMMEDIATE RUEKJCS/SECDEF WASHINGTON DC IMMEDIATE RHMCSUU/DEPT OF ENERGY WASHINGTON DC IMMEDIATE
S E C R E T STATE 091093
SIPDIS
GENEVA FOR JCIC
E.O. 12958: DECL: 08/31/2029
TAGS: KACT PARM START US RS
SUBJECT: SUPPLEMENTAL GUIDANCE FOR U.S. START FOLLOW-ON
TREATY DELEGATION (DRAFT NEW START TREATY INSPECTION
PROTOCOL) (CABLE 1 OF 7)
REF: A. STATE 088262 (U.S.-PROPOSED TREATY TEXT PART
S E C R E T STATE 091093
SIPDIS
GENEVA FOR JCIC
E.O. 12958: DECL: 08/31/2029
TAGS: KACT PARM START US RS
SUBJECT: SUPPLEMENTAL GUIDANCE FOR U.S. START FOLLOW-ON
TREATY DELEGATION (DRAFT NEW START TREATY INSPECTION
PROTOCOL) (CABLE 1 OF 7)
REF: A. STATE 088262 (U.S.-PROPOSED TREATY TEXT PART 1)
B. STATE 088263 (U.S.-PROPOSED TREATY TEXT PART 2)
C. STATE 088259 (U.S.-PROPOSED DEFINITIONS ANNEX
PART 1)
D. STATE 088260 (U.S.-PROPOSED DEFINITIONS ANNEX
PART 2)
Classified By: Jerry A. Taylor, Director, VCI/SI.
Reason: 1.4(b) and (d)
1. (S) BACKGROUND: On August 25, 2009, U.S. Embassy
Moscow provided the texts of the Draft New START Treaty
Articles and the associated Definitions Annex to the
Russian Federation (Refs A-D). This cable contains the
U.S.-proposed draft of the New START Treaty Inspection
Protocol. A courtesy Russian language translation will be
sent to the Delegation in Geneva by e-mail. The Annexes
to the Inspection Protocol will be sent Septel when they
are complete, but are unlikely to be finished prior to the
end of the August 31-September 3, 2009 session.
2. (S) This is the first of seven cables. This cable
contains Section I through paragraph 30 of Section III of
the U.S.-proposed Draft Inspection Protocol. Delegation
and Embassy should note that, due to the length of the
draft, the text was sent using multiple cables.
3. (S) GUIDANCE: Delegation should provide a copy,
including the courtesy Russian language translation, of
the U.S.-proposed Draft Inspection Protocol to the Russian
Delegation and, as time permits, explain the U.S.
positions on the Protocol. Delegation should encourage
Russian questions and reactions to the U.S. text and seek
to identify areas of agreement and disagreement.
Delegation should explain that the associated Inspection
Protocol Annexes will be provided as soon as possible.
4. (U) ACTION REQUEST: Embassy Moscow is requested to
combine the texts of the U.S.-proposed draft New START
Treaty Inspection Protocol contained in the associated
cables into one document and provide a courtesy copy of
that text to appropriate host government officials.
Embassy Moscow should explain that the U.S. Delegation in
Geneva provided the Russian Delegation a paper and
electronic copy of the text as well as a courtesy
Russian-language translation of the text. Embassy is
requested to confirm delivery of the text, the name and
office of the official to whom it was delivered, the date
of delivery, and any comment or reaction provided at that
time.
5. (S/Releasable to the Russian Federation) Begin text:
August 31, 2009
PROTOCOL ON INSPECTIONS, EXHIBITIONS, AND CONTINUOUS
MONITORING ACTIVITIES RELATING TO THE TREATY BETWEEN THE
UNITED STATES OF AMERICA AND THE RUSSIAN FEDERATION ON
MEASURES FOR THE FURTHER REDUCTION AND LIMITATION OF
STRATEGIC OFFENSIVE ARMS
Pursuant to and in implementation of the Treaty Between
the United States of America and the Russian Federation on
Measures for the Further Reduction and Limitation of
Strategic Offensive Arms, hereinafter referred to as the
Treaty, the Parties hereby agree upon procedures governing
the conduct of inspections and continuous monitoring
activities provided for in Article XI of the Treaty.
I. General Obligations
For the purpose of helping to ensure verification of
compliance with the provisions of the Treaty, each Party
shall facilitate the conduct of inspections and continuous
monitoring activities by the other Party in accordance
with the provisions of this Protocol.
II. Provisions Concerning the Legal Status of Inspectors,
Monitors, and Aircrew Members
1. Inspections and continuous monitoring activities shall
be conducted by inspectors and monitors. Except as
provided for in paragraph 6 of Section IV of this
Protocol, inspectors and monitors shall be transported to
the territory of the inspected Party by inspection
airplanes. Inspectors and monitors, as well as aircrew
members that operate these airplanes, shall be assigned in
accordance with paragraphs 2, 3, 4, and 5 of this Section.
2. The list of inspectors shall not contain at any one
time more than 400 individuals, and the list of monitors
shall not contain at any one time more than 300
individuals. The number of individuals on the list of
aircrew members shall not be limited. Inspectors and
monitors shall be citizens of the inspecting Party. The
Parties shall have the right to change, by mutual
agreement, the number of inspectors and monitors that each
of these lists may contain. For each proposed inspector,
monitor, and aircrew member, the lists shall contain first
name, middle name or patronymic, and last name; day,
month, and year of birth; city, state or oblast, and
country of birth; and passport number, if available.
3. Each Party shall have the right to inform the other
Party of its agreement with, or objection to, the
designation of each inspector, monitor, and aircrew member
proposed, by providing a notification in accordance with
paragraph 21 of Section III of this Protocol.
4. Subject to the provisions of paragraph 2 of this
Section, each Party shall have the right to amend its
lists of inspectors, monitors, and aircrew members no more
than once in each 21-day period, by providing the other
Party with a notification in accordance with paragraph 20
of Section III of this Protocol. With each change, the
number of inspectors whose names are entered in the list
of inspectors shall not exceed 30, the number of monitors
whose names are entered in the list of monitors shall not
exceed 25 and the number of aircrew members whose names
are entered in the list of aircrew members shall not
exceed 25. The Party receiving notification of an
amendment to the list of inspectors, monitors, or aircrew
members shall provide notification to the other Party, in
accordance with paragraph 21 of Section III of this
Protocol, of its agreement with or objection to the
designation of each such inspector, monitor, or aircrew
member.
5. No later than 25 days after entry into force of the
Treaty, or no later than 30 days after receipt of a
notification of amendments to the lists of inspectors,
monitors, or aircrew members, the Party receiving such
lists or proposed amendments thereto shall provide visas
and, where necessary, such other documents to each
individual to whom it has agreed, as may be required to
ensure that each inspector, monitor, or aircrew member may
enter and remain in the territory of that Party throughout
the in-country period. The inspected Party shall ensure
that such visas and appropriate documents shall be valid
for a period of at least 24 months, and the inspecting
Party shall ensure that persons receiving such visas and
appropriate documents shall use them only for the purpose
of conducting inspections or continuous monitoring
activities in accordance with the provisions of the Treaty
and its Protocols.
6. An individual on the list of inspectors may be objected
to only if that individual is under indictment for a
criminal offense on the territory of the inspected Party
or if that individual has been convicted in a criminal
prosecution or expelled by the Party reviewing the list.
An individual on the list of monitors or aircrew members
may be objected to if that individual is found
unacceptable by the Party reviewing the list. The Party
making such an objection shall so notify the other Party
in accordance with paragraph 21 of Section III of this
Protocol. Individuals who are objected to shall be
deleted from the lists. In the event the inspected Party
subsequently determines that an inspector, monitor, or
aircrew member of the other Party is under indictment for
a criminal offense on the territory of the inspected Party
or has ever been convicted in a criminal prosecution or
expelled by the inspected Party, or has violated the
conditions governing the conduct of inspections or
continuous monitoring activities provided for in this
Protocol, the inspected Party making such determination
may so notify the inspecting Party in accordance with
paragraph 22 of Section III of this Protocol. In the
event that the inspecting Party is so notified, that Party
shall promptly recall that individual from the territory
of the inspected Party, if that individual is there at
such a time. The inspecting Party shall also delete the
individual from the list of inspectors, monitors, or
aircrew members.
7. In order to exercise their functions effectively, for
the purpose of implementing the Treaty and not for their
personal benefit, the inspectors, monitors, and aircrew
members shall be accorded the following privileges and
immunities:
(a) Inspectors, monitors, and aircrew members shall be
accorded the inviolability enjoyed by diplomatic agents in
accordance with Article 29 of the Vienna Convention on
Diplomatic Relations of April 18, 1961.
(b) The office premises, except for those in the
operations center, and living quarters for monitors shall
be accorded the inviolability and protection accorded to
the premises of the mission and private residences of
diplomatic agents in accordance with Articles 22 and 30 of
the Vienna Convention on Diplomatic Relations.
(c) The papers and correspondence of inspectors, monitors,
and aircrew members shall enjoy the inviolability accorded
to the papers and correspondence of diplomatic agents in
accordance with Article 30 of the Vienna Convention on
Diplomatic Relations.
(d) Inspection airplanes shall be inviolable. This shall
not affect airplanes making regularly scheduled commercial
flights that are used for the transportation of inspectors
and monitors to points of entry, or their aircrews.
(e) Inspectors, monitors, and aircrew members shall be
accorded the immunities accorded diplomatic agents in
accordance with paragraphs 1, 2, and 3 of Article 31 of
the Vienna Convention on Diplomatic Relations. The
immunity from jurisdiction with respect to an inspector,
monitor, or aircrew member may be waived by the inspecting
Party in those cases when it is of the opinion that
immunity would impede the course of justice and that it
can be waived without prejudice to the implementation of
the provisions of the Treaty. Waiver must always be
express.
(f) Monitors shall be accorded the exemption from dues and
taxes accorded to diplomatic agents in accordance with
Article 34 of the Vienna Convention on Diplomatic
Relations.
(g) Inspectors, monitors, and aircrew members of a Party
shall have the right to bring into the territory of the
other Party, without payment of any customs duties or
related charges, articles for their personal use, with the
exception of articles, the import or export of which is
prohibited by law or controlled by quarantine regulations.
(h) If the inspected Party considers that there has been
an abuse of privileges and immunities provided for in this
paragraph, consultations shall be held between the Parties
to determine whether such an abuse has occurred. If it is
determined that such an abuse has occurred, the inspecting
Party shall take necessary measures to prevent a
repetition of such an abuse.
The privileges and immunities provided for in this
paragraph shall be accorded for the entire time the
inspectors, monitors, or aircrew members are within the
territory of the other Party, and thereafter with respect
to acts previously performed in the exercise of their
official functions. During their stay in the territory of
the inspected Party, without prejudice to the privileges
and immunities provided for in this paragraph, inspectors,
monitors, and aircrew members shall be obliged to respect
the laws and regulations of the inspected Party, shall be
obliged not to interfere in its internal affairs, and
shall not engage in any professional or commercial
activity for personal profit on the territory of the
inspected Party.
III. Notifications Concerning Inspections and Continuous
Monitoring Activities
1. Each Party shall provide to the other Party the
notifications provided for in this Section concerning
inspections and continuous monitoring activities pursuant
to Article VIII of the Treaty.
2. Notification of the standing diplomatic clearance
number for inspection airplanes shall be provided no later
than 30 days after entry into force of the Treaty, for the
period until the end of the current calendar year, and
subsequently no less than 30 days prior to the beginning
of each following calendar year, and shall include:
(a) standing diplomatic clearance number; and
(b) calendar year.
3. Notification of an intention to conduct a data update,
nuclear warhead, or formerly declared facility inspection
pursuant to paragraph 2, 3, or 5 of Article XI of the
Treaty, respectively, shall be provided no less than 24
hours in advance of the estimated time of arrival of the
inspection team at the point of entry from outside the
territory of the inspected Party and shall include:
(a) the point of entry;
(b) the date and estimated time of arrival at the point of
entry;
(c) the date and time for the designation of the
inspection site and the type of inspection; and
(d) the names of inspectors and aircrew members.
4. The date and time for the designation of the inspection
site and the type of inspection specified in the
notification provided in accordance with paragraph 3 of
this Section shall be neither less than four hours nor
more than 24 hours after the date and estimated time of
arrival at the point of entry.
5. Notification of an intention to conduct a conversion or
elimination inspection, or to participate in a
distinguishability exhibition or technical characteristics
exhibition pursuant to paragraph 4, 6, or 7 of Article XI
of the Treaty, respectively, shall be provided no less
than 72 hours in advance of the estimated time of arrival
of the inspection team at the point of entry from outside
the territory of the inspected Party and shall include:
(a) the point of entry;
(b) the date and estimated time of arrival at the point of
entry;
(c) the inspection site and the type of inspection; and
(d) the names of inspectors and aircrew members.
6. Notification of an intention to replace inspectors
conducting a conversion or elimination inspection pursuant
to paragraph 4 of Article XI of the Treaty shall be
provided no less than seven days in advance of the
estimated time of arrival of replacement inspectors at the
point of entry from outside the territory of the inspected
Party and shall include:
(a) the point of entry;
(b) the date and estimated time of arrival at the point of
entry;
(c) the inspection site;
(d) the names of the incoming replacement inspectors and
outgoing inspectors being replaced, including the name of
the incoming inspection team leader, if such a replacement
is planned; and
(e) the names of aircrew members.
7. Notification of an intention to conduct a sequential
inspection, as provided for in paragraph 36 or 37 of
Section VI of this Protocol, shall be provided in writing
through a member of the in-country escort and shall
specify:
(a) for a data update. nuclear warhead, or formerly
declared facility inspection conducted pursuant to
paragraph 2 , 3, or 5 of Article XI of the Treaty,
respectively, whether the inspection team intends to go
directly to the next inspection site or return first to
the point of entry; or
(b) for a conversion or elimination inspection, technical
exhibition, or distinguishability exhibition conducted
pursuant to paragraph 4, 6, or 7 of Article XI of the
Treaty, respectively, the next inspection site.
8. Notification of the date and time for the designation
of the next inspection site and the type of inspection as
provided for in paragraph 36 of Section VI or paragraph 19
of Section IX of this Protocol, shall be made in writing
through a member of the in-country escort.
9. The date and time for the designation of the inspection
site and the type of inspection shall be specified in the
notification provided in accordance with paragraph 8 of
this Section, subject to the following conditions:
(a) If such notification is provided at the inspection
site, the date and time for such designation shall be:
(i) no earlier than 18 hours after commencement of the
period of inspection, except for cases where the
notification is provided pursuant to paragraph 19 of
Section IX of this Protocol;
(ii) no earlier than the completion of post-inspection
procedures; and
(iii) no later than 12 hours after the completion of
post-inspection procedures.
(b) If such notification is provided at the point of
entry, the date and time for such designation shall be no
earlier than four hours and no later than 24 hours after
the return of the inspection team to the point of entry.
10. Notification of an intention to establish a perimeter
and portal continuous monitoring system at a facility
subject to continuous monitoring and of an intention to
conduct an engineering site survey at such a facility,
shall be provided no less than 30 days in advance of the
estimated date of arrival at the point of entry of the
monitoring team and engineering site survey equipment and
shall include:
(a) the specification of the facility;
(b) the point of entry;
(c) the date and estimated time of arrival at the point of
entry, and the preferred time of departure for the
facility from the point of entry; and
(d) the names of the members of the monitoring team and
aircrew members.
11. Notification of the date of commencement of continuous
monitoring at a facility specified in the notification
provided in accordance with paragraph 10 of this Section
and of the initial arrival of monitors at that facility to
carry out continuous monitoring, shall be provided no less
than 30 days in advance of the estimated date of arrival
of monitors at the point of entry and shall include:
(a) the specification of the facility;
(b) the date when the procedures for continuous monitoring
at that facility will commence;
(c) the point of entry;
(d) the date and estimated time of arrival at the point of
entry, and the preferred time of departure for the
facility from the point of entry; and
(e) the names of the monitors and aircrew members.
12. Notification containing a request for logistic support
for a facility specified in a notification provided in
accordance with paragraph 10 of this Section shall
include:
(a) the specification of the facility; and
(b) the request for logistic support in accordance with
paragraph 19 of Section XIV of this Protocol.
13. Notification of an intention to enter the territory of
the other Party to establish a perimeter and portal
continuous monitoring system at a facility specified in a
notification provided in accordance with paragraph 10 of
this Section, shall be made no less than seven days in
advance of the estimated date of arrival of the monitors
at the point of entry, if monitors that carry out
continuous monitoring are present at that facility, and no
less than 30 days in advance of the estimated date of
arrival of the monitors at the point of entry, if no
monitors that carry out continuous monitoring are present
or have been present at that facility and shall include:
(a) the point of entry;
(b) the date and estimated time of arrival at the point of
entry, and the preferred time of departure for the
facility from the point of entry;
(c) the specification of the facility; and
(d) the names of the monitors and aircrew members.
14. Notification of an intention to enter the territory of
the other Party to replace monitors at a facility
specified in a notification provided in accordance with
paragraph 11 or 13 of this Section, shall be provided no
less than seven days in advance of the estimated date of
arrival of the monitors at the point of entry and shall
include:
(a) the point of entry;
(b) the date and estimated time of arrival at the point of
entry, and the preferred time of departure for the
facility from the point of entry;
(c) whether the replacement shall be at the facility
subject to continuous monitoring or monitored facility, or
at the airport associated with such a facility;
(d) the specification of the facility;
(e) the names of the incoming monitors and aircrew
members; and
(f) the number of monitors to be replaced.
15. Notification of an intention to enter the territory of
the other Party to maintain a perimeter and portal
continuous monitoring system at a facility or facilities
specified in a notification provided in accordance with
paragraph 13 of this Section, shall be provided no less
than seven days in advance of the estimated date of
arrival of the monitors at the point of entry and shall
include:
(a) the point of entry;
(b) the date and estimated time of arrival at the point of
entry, and the preferred time of departure for the
facility from the point of entry;
(c) the specification of the facility or facilities; and
(d) the names of the monitors and aircrew members.
16. Notification of an intention to move to another
facility at which monitors are present, or to leave the
territory of the inspected Party shall be provided no less
than 48 hours in advance of the preferred time of
departure, through a member of the in-country escort at
the facility from which the monitors will leave, and shall
include:
(a) the preferred time of departure;
(b) the destination;
(c) the names of monitors;
(d) for the movement to another monitored facility, the
purpose of travel; and
(e) the equipment and supplies to be transported by the
monitors.
17. Notification of an intention to use an inspection
airplane in accordance with paragraph 4 of Section IV of
this Protocol shall be provided no less than 20 days in
advance of the estimated date of its arrival at the point
of entry or airport associated with the facility subject
to continuous monitoring or monitored facility, and shall
include:
(a) the type of airplane;
(b) the specification of all the facilities subject to
continuous monitoring or monitored facilities for which
the equipment and supplies are intended;
(c) the point of entry or the airport associated with the
facility subject to continuous monitoring or monitored
facility;
(d) the estimated date of arrival at the point of entry or
at the airport associated with the facility subject to
continuous monitoring or monitored facility;
(e) for each facility specified in subparagraph (b) of
this paragraph, the approximate number of separate
palletized or oversize units of cargo, including modular
structures, and the approximate weight and dimensions of
each such unit of cargo; and
(f) the type and approximate amounts of hazardous
materials carried on the airplane that require special
safety measures in transportation and handling.
18. Notification of the confirmation of an intention to
use an inspection airplane that has been notified in
accordance with paragraph 17 of this Section shall be
provided no less than seven days in advance of the
estimated date of its arrival at the point of entry or
airport associated with the facility subject to continuous
monitoring or monitored facility, and shall include:
(a) the number, time, and date of the notification
provided earlier in accordance with paragraph 17 of this
Section;
(b) the date and estimated time of arrival at the point of
entry or at the airport associated with the facility
subject to continuous monitoring or monitored facility;
and
(c) the names of aircrew members.
19. Notification of the response to a request by the
inspecting Party contained in a notification provided in
accordance with paragraph 17 of this Section to land an
inspection airplane at the airport associated with a
facility subject to continuous monitoring or monitored
facility shall be provided by the inspected Party no less
than 72 hours prior to the estimated time of its arrival
specified in a notification provided in accordance with
paragraph 13, 14, 15, or 18 of this Section, and shall
include:
(a) in case the inspected Party permits the airplane to
land at the airport associated with the facility specified
in the notification provided in accordance with paragraph
17 of this Section:
(i) the name of the airport;
(ii) the route for the flight of the inspection airplane
to the airport; and
(iii) whether or not an escort crew will be provided and,
if provided, a list of the members of that aircrew; or
(b) in case the inspected Party does not permit the
airplane to land at the airport associated with the
facility specified in the notification provided in
accordance with paragraph 17 of this Section, the point of
entry associated with the facility.
20. Notification of amendments made to the list of
inspectors, monitors, or aircrew members in accordance
with paragraph 4 of Section II of this Protocol shall
include:
(a) the list or lists to be amended;
(b) if any inspector, monitor, or aircrew member is
removed from the lists, the first name, patronymic or
middle name, and last name; day, month, and year of birth;
city, oblast or state, and country of birth; and the
passport number, if available, of the person removed; and
(c) for each inspector, monitor, or aircrew member
proposed for inclusion in the lists, the first name,
patronymic or middle name, and last name; day, month, and
year of birth; city, oblast or state, and country of
birth; and passport number, if available.
21. Notification of agreement with or objection to the
designation by the other Party of each inspector, monitor,
or aircrew member proposed for inclusion on the lists
provided for in paragraph 2 of Section II of this Protocol
shall be provided no later than 20 days after entry into
force of the Treaty or, with respect to subsequent
amendments made to these lists, no later than 20 days
after receipt of the notification provided in accordance
with paragraph 20 of this Section, and shall include:
(a) the corresponding list or lists;
(b) for each inspector, monitor, or aircrew member, the
first name, patronymic or middle name, and last name; day,
month, and year of birth; city, oblast or state, and
country of birth; and passport number, if available; and
(c) for each inspector, monitor, or aircrew member,
agreement with or objection to the designation of that
person.
22. Notification of an objection to an inspector, monitor,
or aircrew member who is currently on the list of
inspectors, monitors, or aircrew members, shall include:
(a) the corresponding list or lists;
(b) for each inspector, monitor, or air-crew member, the
first name, patronymic or middle name, and last name; day,
month, and year of birth; city, oblast or state, and
country of birth; and passport number if available; and
(c) for each inspector, monitor, or aircrew member, the
reason for the objection to that person.
23. Notification of a change or addition to the points of
entry to the territory of the inspected Party shall be
provided in accordance with paragraph 1 of Section IV of
this Protocol through diplomatic channels no less than
five months prior to the beginning of the use of the new
point of entry, and shall include:
(a) the point of entry to be changed, if applicable; and
(b) the new point of entry.
24. Notification containing data concerning the flight
plan of an inspection airplane shall be provided no less
than six hours prior to the scheduled departure time of
such an airplane from the last airfield prior to entering
the airspace of the inspected Party.
25. Notification of the approval of the flight plan of an
inspection airplane filed in accordance with paragraph 24
of this Section shall be provided by the inspected Party
no less than three hours prior to the scheduled time for
departure of such an airplane from the last airfield prior
to entering the airspace of the inspected Party.
26. Notification of an intention to conduct the cargo
examination at a location other than the facility subject
to continuous monitoring or monitored facility shall be
provided by the inspected Party no less than 120 hours in
advance of the estimated time of arrival of an inspection
airplane used in accordance with paragraph 4 of Section IV
of this Protocol.
27. Notification of a change of a route for flights of
inspection airplanes to and from a point of entry
established on the territory of a Party shall be provided
by that Party no less than 30 days in advance of the
effective date of such change and shall include:
(a) the point of entry;
(b) the changed flight route, and
(c) the effective date of such change.
28. Notification of the determination, in accordance with
subparagraph 1(d) of Subsection E of Section VI of Annex 8
to this Protocol, of agreed geographic coordinates of
reference points used at a point of entry for testing the
operability of satellite system receivers, shall be
provided by the inspected Party no later than 48 hours
after such determination and shall include:
(a) the point of entry;
(b) the date of determination of the agreed geographic
coordinates;
(c) the agreed geographic coordinates of each of the
reference points; and
(d) a physical description of each of the reference
points.
29. Notification of the intent to change, in accordance
with subparagraph 1(h) of Subsection E of Section VI of
Annex 8 to this Protocol, a reference point used at a
point of entry for testing the operability of satellite
system receivers, shall be provided by the inspected Party
no less than seven days in advance of the proposed
effective date of the change and shall include:
(a) the point of entry;
(b) the agreed geographic coordinates of the reference
point to be changed;
(c) the geographic coordinates of the new reference point;
and
(d) the proposed effective date of the change.
30. Notification of intention to use ground transportation
vehicles and related services, in accordance with
subparagraph 8(a) of Part B of Section IV of this
Protocol, shall be provided by the inspecting Party to the
inspected Party no less than 40 days in advance of the
estimated date of provision of the vehicles at the
facility subject to continuous monitoring or monitored
facility, or at the point of departure of the cargo, and
shall include:
(a) the type of ground transportation vehicles requested
and the number of vehicles of each type;
(b) the estimated date of arrival of the ground
transportation vehicles at the monitored facility or point
of departure of the cargo;
(c) the point of departure of the cargo;
(d) the approximate number of separate palletized or
oversize units of cargo, including modular structures, and
the approximate weight and dimensions of each such unit of
cargo;
(e) the type and approximate amount of any hazardous
materials to be carried by the ground transportation
vehicles that require special safety measures during
transportation and handling;
(f) the estimated route that will be used by the ground
transportation vehicles when transiting between the point
of departure of the cargo and the facility subject to
continuous monitoring or monitored facility; and
(g) services requested of the inspected Party.
End text.
CLINTON
SIPDIS
GENEVA FOR JCIC
E.O. 12958: DECL: 08/31/2029
TAGS: KACT PARM START US RS
SUBJECT: SUPPLEMENTAL GUIDANCE FOR U.S. START FOLLOW-ON
TREATY DELEGATION (DRAFT NEW START TREATY INSPECTION
PROTOCOL) (CABLE 1 OF 7)
REF: A. STATE 088262 (U.S.-PROPOSED TREATY TEXT PART 1)
B. STATE 088263 (U.S.-PROPOSED TREATY TEXT PART 2)
C. STATE 088259 (U.S.-PROPOSED DEFINITIONS ANNEX
PART 1)
D. STATE 088260 (U.S.-PROPOSED DEFINITIONS ANNEX
PART 2)
Classified By: Jerry A. Taylor, Director, VCI/SI.
Reason: 1.4(b) and (d)
1. (S) BACKGROUND: On August 25, 2009, U.S. Embassy
Moscow provided the texts of the Draft New START Treaty
Articles and the associated Definitions Annex to the
Russian Federation (Refs A-D). This cable contains the
U.S.-proposed draft of the New START Treaty Inspection
Protocol. A courtesy Russian language translation will be
sent to the Delegation in Geneva by e-mail. The Annexes
to the Inspection Protocol will be sent Septel when they
are complete, but are unlikely to be finished prior to the
end of the August 31-September 3, 2009 session.
2. (S) This is the first of seven cables. This cable
contains Section I through paragraph 30 of Section III of
the U.S.-proposed Draft Inspection Protocol. Delegation
and Embassy should note that, due to the length of the
draft, the text was sent using multiple cables.
3. (S) GUIDANCE: Delegation should provide a copy,
including the courtesy Russian language translation, of
the U.S.-proposed Draft Inspection Protocol to the Russian
Delegation and, as time permits, explain the U.S.
positions on the Protocol. Delegation should encourage
Russian questions and reactions to the U.S. text and seek
to identify areas of agreement and disagreement.
Delegation should explain that the associated Inspection
Protocol Annexes will be provided as soon as possible.
4. (U) ACTION REQUEST: Embassy Moscow is requested to
combine the texts of the U.S.-proposed draft New START
Treaty Inspection Protocol contained in the associated
cables into one document and provide a courtesy copy of
that text to appropriate host government officials.
Embassy Moscow should explain that the U.S. Delegation in
Geneva provided the Russian Delegation a paper and
electronic copy of the text as well as a courtesy
Russian-language translation of the text. Embassy is
requested to confirm delivery of the text, the name and
office of the official to whom it was delivered, the date
of delivery, and any comment or reaction provided at that
time.
5. (S/Releasable to the Russian Federation) Begin text:
August 31, 2009
PROTOCOL ON INSPECTIONS, EXHIBITIONS, AND CONTINUOUS
MONITORING ACTIVITIES RELATING TO THE TREATY BETWEEN THE
UNITED STATES OF AMERICA AND THE RUSSIAN FEDERATION ON
MEASURES FOR THE FURTHER REDUCTION AND LIMITATION OF
STRATEGIC OFFENSIVE ARMS
Pursuant to and in implementation of the Treaty Between
the United States of America and the Russian Federation on
Measures for the Further Reduction and Limitation of
Strategic Offensive Arms, hereinafter referred to as the
Treaty, the Parties hereby agree upon procedures governing
the conduct of inspections and continuous monitoring
activities provided for in Article XI of the Treaty.
I. General Obligations
For the purpose of helping to ensure verification of
compliance with the provisions of the Treaty, each Party
shall facilitate the conduct of inspections and continuous
monitoring activities by the other Party in accordance
with the provisions of this Protocol.
II. Provisions Concerning the Legal Status of Inspectors,
Monitors, and Aircrew Members
1. Inspections and continuous monitoring activities shall
be conducted by inspectors and monitors. Except as
provided for in paragraph 6 of Section IV of this
Protocol, inspectors and monitors shall be transported to
the territory of the inspected Party by inspection
airplanes. Inspectors and monitors, as well as aircrew
members that operate these airplanes, shall be assigned in
accordance with paragraphs 2, 3, 4, and 5 of this Section.
2. The list of inspectors shall not contain at any one
time more than 400 individuals, and the list of monitors
shall not contain at any one time more than 300
individuals. The number of individuals on the list of
aircrew members shall not be limited. Inspectors and
monitors shall be citizens of the inspecting Party. The
Parties shall have the right to change, by mutual
agreement, the number of inspectors and monitors that each
of these lists may contain. For each proposed inspector,
monitor, and aircrew member, the lists shall contain first
name, middle name or patronymic, and last name; day,
month, and year of birth; city, state or oblast, and
country of birth; and passport number, if available.
3. Each Party shall have the right to inform the other
Party of its agreement with, or objection to, the
designation of each inspector, monitor, and aircrew member
proposed, by providing a notification in accordance with
paragraph 21 of Section III of this Protocol.
4. Subject to the provisions of paragraph 2 of this
Section, each Party shall have the right to amend its
lists of inspectors, monitors, and aircrew members no more
than once in each 21-day period, by providing the other
Party with a notification in accordance with paragraph 20
of Section III of this Protocol. With each change, the
number of inspectors whose names are entered in the list
of inspectors shall not exceed 30, the number of monitors
whose names are entered in the list of monitors shall not
exceed 25 and the number of aircrew members whose names
are entered in the list of aircrew members shall not
exceed 25. The Party receiving notification of an
amendment to the list of inspectors, monitors, or aircrew
members shall provide notification to the other Party, in
accordance with paragraph 21 of Section III of this
Protocol, of its agreement with or objection to the
designation of each such inspector, monitor, or aircrew
member.
5. No later than 25 days after entry into force of the
Treaty, or no later than 30 days after receipt of a
notification of amendments to the lists of inspectors,
monitors, or aircrew members, the Party receiving such
lists or proposed amendments thereto shall provide visas
and, where necessary, such other documents to each
individual to whom it has agreed, as may be required to
ensure that each inspector, monitor, or aircrew member may
enter and remain in the territory of that Party throughout
the in-country period. The inspected Party shall ensure
that such visas and appropriate documents shall be valid
for a period of at least 24 months, and the inspecting
Party shall ensure that persons receiving such visas and
appropriate documents shall use them only for the purpose
of conducting inspections or continuous monitoring
activities in accordance with the provisions of the Treaty
and its Protocols.
6. An individual on the list of inspectors may be objected
to only if that individual is under indictment for a
criminal offense on the territory of the inspected Party
or if that individual has been convicted in a criminal
prosecution or expelled by the Party reviewing the list.
An individual on the list of monitors or aircrew members
may be objected to if that individual is found
unacceptable by the Party reviewing the list. The Party
making such an objection shall so notify the other Party
in accordance with paragraph 21 of Section III of this
Protocol. Individuals who are objected to shall be
deleted from the lists. In the event the inspected Party
subsequently determines that an inspector, monitor, or
aircrew member of the other Party is under indictment for
a criminal offense on the territory of the inspected Party
or has ever been convicted in a criminal prosecution or
expelled by the inspected Party, or has violated the
conditions governing the conduct of inspections or
continuous monitoring activities provided for in this
Protocol, the inspected Party making such determination
may so notify the inspecting Party in accordance with
paragraph 22 of Section III of this Protocol. In the
event that the inspecting Party is so notified, that Party
shall promptly recall that individual from the territory
of the inspected Party, if that individual is there at
such a time. The inspecting Party shall also delete the
individual from the list of inspectors, monitors, or
aircrew members.
7. In order to exercise their functions effectively, for
the purpose of implementing the Treaty and not for their
personal benefit, the inspectors, monitors, and aircrew
members shall be accorded the following privileges and
immunities:
(a) Inspectors, monitors, and aircrew members shall be
accorded the inviolability enjoyed by diplomatic agents in
accordance with Article 29 of the Vienna Convention on
Diplomatic Relations of April 18, 1961.
(b) The office premises, except for those in the
operations center, and living quarters for monitors shall
be accorded the inviolability and protection accorded to
the premises of the mission and private residences of
diplomatic agents in accordance with Articles 22 and 30 of
the Vienna Convention on Diplomatic Relations.
(c) The papers and correspondence of inspectors, monitors,
and aircrew members shall enjoy the inviolability accorded
to the papers and correspondence of diplomatic agents in
accordance with Article 30 of the Vienna Convention on
Diplomatic Relations.
(d) Inspection airplanes shall be inviolable. This shall
not affect airplanes making regularly scheduled commercial
flights that are used for the transportation of inspectors
and monitors to points of entry, or their aircrews.
(e) Inspectors, monitors, and aircrew members shall be
accorded the immunities accorded diplomatic agents in
accordance with paragraphs 1, 2, and 3 of Article 31 of
the Vienna Convention on Diplomatic Relations. The
immunity from jurisdiction with respect to an inspector,
monitor, or aircrew member may be waived by the inspecting
Party in those cases when it is of the opinion that
immunity would impede the course of justice and that it
can be waived without prejudice to the implementation of
the provisions of the Treaty. Waiver must always be
express.
(f) Monitors shall be accorded the exemption from dues and
taxes accorded to diplomatic agents in accordance with
Article 34 of the Vienna Convention on Diplomatic
Relations.
(g) Inspectors, monitors, and aircrew members of a Party
shall have the right to bring into the territory of the
other Party, without payment of any customs duties or
related charges, articles for their personal use, with the
exception of articles, the import or export of which is
prohibited by law or controlled by quarantine regulations.
(h) If the inspected Party considers that there has been
an abuse of privileges and immunities provided for in this
paragraph, consultations shall be held between the Parties
to determine whether such an abuse has occurred. If it is
determined that such an abuse has occurred, the inspecting
Party shall take necessary measures to prevent a
repetition of such an abuse.
The privileges and immunities provided for in this
paragraph shall be accorded for the entire time the
inspectors, monitors, or aircrew members are within the
territory of the other Party, and thereafter with respect
to acts previously performed in the exercise of their
official functions. During their stay in the territory of
the inspected Party, without prejudice to the privileges
and immunities provided for in this paragraph, inspectors,
monitors, and aircrew members shall be obliged to respect
the laws and regulations of the inspected Party, shall be
obliged not to interfere in its internal affairs, and
shall not engage in any professional or commercial
activity for personal profit on the territory of the
inspected Party.
III. Notifications Concerning Inspections and Continuous
Monitoring Activities
1. Each Party shall provide to the other Party the
notifications provided for in this Section concerning
inspections and continuous monitoring activities pursuant
to Article VIII of the Treaty.
2. Notification of the standing diplomatic clearance
number for inspection airplanes shall be provided no later
than 30 days after entry into force of the Treaty, for the
period until the end of the current calendar year, and
subsequently no less than 30 days prior to the beginning
of each following calendar year, and shall include:
(a) standing diplomatic clearance number; and
(b) calendar year.
3. Notification of an intention to conduct a data update,
nuclear warhead, or formerly declared facility inspection
pursuant to paragraph 2, 3, or 5 of Article XI of the
Treaty, respectively, shall be provided no less than 24
hours in advance of the estimated time of arrival of the
inspection team at the point of entry from outside the
territory of the inspected Party and shall include:
(a) the point of entry;
(b) the date and estimated time of arrival at the point of
entry;
(c) the date and time for the designation of the
inspection site and the type of inspection; and
(d) the names of inspectors and aircrew members.
4. The date and time for the designation of the inspection
site and the type of inspection specified in the
notification provided in accordance with paragraph 3 of
this Section shall be neither less than four hours nor
more than 24 hours after the date and estimated time of
arrival at the point of entry.
5. Notification of an intention to conduct a conversion or
elimination inspection, or to participate in a
distinguishability exhibition or technical characteristics
exhibition pursuant to paragraph 4, 6, or 7 of Article XI
of the Treaty, respectively, shall be provided no less
than 72 hours in advance of the estimated time of arrival
of the inspection team at the point of entry from outside
the territory of the inspected Party and shall include:
(a) the point of entry;
(b) the date and estimated time of arrival at the point of
entry;
(c) the inspection site and the type of inspection; and
(d) the names of inspectors and aircrew members.
6. Notification of an intention to replace inspectors
conducting a conversion or elimination inspection pursuant
to paragraph 4 of Article XI of the Treaty shall be
provided no less than seven days in advance of the
estimated time of arrival of replacement inspectors at the
point of entry from outside the territory of the inspected
Party and shall include:
(a) the point of entry;
(b) the date and estimated time of arrival at the point of
entry;
(c) the inspection site;
(d) the names of the incoming replacement inspectors and
outgoing inspectors being replaced, including the name of
the incoming inspection team leader, if such a replacement
is planned; and
(e) the names of aircrew members.
7. Notification of an intention to conduct a sequential
inspection, as provided for in paragraph 36 or 37 of
Section VI of this Protocol, shall be provided in writing
through a member of the in-country escort and shall
specify:
(a) for a data update. nuclear warhead, or formerly
declared facility inspection conducted pursuant to
paragraph 2 , 3, or 5 of Article XI of the Treaty,
respectively, whether the inspection team intends to go
directly to the next inspection site or return first to
the point of entry; or
(b) for a conversion or elimination inspection, technical
exhibition, or distinguishability exhibition conducted
pursuant to paragraph 4, 6, or 7 of Article XI of the
Treaty, respectively, the next inspection site.
8. Notification of the date and time for the designation
of the next inspection site and the type of inspection as
provided for in paragraph 36 of Section VI or paragraph 19
of Section IX of this Protocol, shall be made in writing
through a member of the in-country escort.
9. The date and time for the designation of the inspection
site and the type of inspection shall be specified in the
notification provided in accordance with paragraph 8 of
this Section, subject to the following conditions:
(a) If such notification is provided at the inspection
site, the date and time for such designation shall be:
(i) no earlier than 18 hours after commencement of the
period of inspection, except for cases where the
notification is provided pursuant to paragraph 19 of
Section IX of this Protocol;
(ii) no earlier than the completion of post-inspection
procedures; and
(iii) no later than 12 hours after the completion of
post-inspection procedures.
(b) If such notification is provided at the point of
entry, the date and time for such designation shall be no
earlier than four hours and no later than 24 hours after
the return of the inspection team to the point of entry.
10. Notification of an intention to establish a perimeter
and portal continuous monitoring system at a facility
subject to continuous monitoring and of an intention to
conduct an engineering site survey at such a facility,
shall be provided no less than 30 days in advance of the
estimated date of arrival at the point of entry of the
monitoring team and engineering site survey equipment and
shall include:
(a) the specification of the facility;
(b) the point of entry;
(c) the date and estimated time of arrival at the point of
entry, and the preferred time of departure for the
facility from the point of entry; and
(d) the names of the members of the monitoring team and
aircrew members.
11. Notification of the date of commencement of continuous
monitoring at a facility specified in the notification
provided in accordance with paragraph 10 of this Section
and of the initial arrival of monitors at that facility to
carry out continuous monitoring, shall be provided no less
than 30 days in advance of the estimated date of arrival
of monitors at the point of entry and shall include:
(a) the specification of the facility;
(b) the date when the procedures for continuous monitoring
at that facility will commence;
(c) the point of entry;
(d) the date and estimated time of arrival at the point of
entry, and the preferred time of departure for the
facility from the point of entry; and
(e) the names of the monitors and aircrew members.
12. Notification containing a request for logistic support
for a facility specified in a notification provided in
accordance with paragraph 10 of this Section shall
include:
(a) the specification of the facility; and
(b) the request for logistic support in accordance with
paragraph 19 of Section XIV of this Protocol.
13. Notification of an intention to enter the territory of
the other Party to establish a perimeter and portal
continuous monitoring system at a facility specified in a
notification provided in accordance with paragraph 10 of
this Section, shall be made no less than seven days in
advance of the estimated date of arrival of the monitors
at the point of entry, if monitors that carry out
continuous monitoring are present at that facility, and no
less than 30 days in advance of the estimated date of
arrival of the monitors at the point of entry, if no
monitors that carry out continuous monitoring are present
or have been present at that facility and shall include:
(a) the point of entry;
(b) the date and estimated time of arrival at the point of
entry, and the preferred time of departure for the
facility from the point of entry;
(c) the specification of the facility; and
(d) the names of the monitors and aircrew members.
14. Notification of an intention to enter the territory of
the other Party to replace monitors at a facility
specified in a notification provided in accordance with
paragraph 11 or 13 of this Section, shall be provided no
less than seven days in advance of the estimated date of
arrival of the monitors at the point of entry and shall
include:
(a) the point of entry;
(b) the date and estimated time of arrival at the point of
entry, and the preferred time of departure for the
facility from the point of entry;
(c) whether the replacement shall be at the facility
subject to continuous monitoring or monitored facility, or
at the airport associated with such a facility;
(d) the specification of the facility;
(e) the names of the incoming monitors and aircrew
members; and
(f) the number of monitors to be replaced.
15. Notification of an intention to enter the territory of
the other Party to maintain a perimeter and portal
continuous monitoring system at a facility or facilities
specified in a notification provided in accordance with
paragraph 13 of this Section, shall be provided no less
than seven days in advance of the estimated date of
arrival of the monitors at the point of entry and shall
include:
(a) the point of entry;
(b) the date and estimated time of arrival at the point of
entry, and the preferred time of departure for the
facility from the point of entry;
(c) the specification of the facility or facilities; and
(d) the names of the monitors and aircrew members.
16. Notification of an intention to move to another
facility at which monitors are present, or to leave the
territory of the inspected Party shall be provided no less
than 48 hours in advance of the preferred time of
departure, through a member of the in-country escort at
the facility from which the monitors will leave, and shall
include:
(a) the preferred time of departure;
(b) the destination;
(c) the names of monitors;
(d) for the movement to another monitored facility, the
purpose of travel; and
(e) the equipment and supplies to be transported by the
monitors.
17. Notification of an intention to use an inspection
airplane in accordance with paragraph 4 of Section IV of
this Protocol shall be provided no less than 20 days in
advance of the estimated date of its arrival at the point
of entry or airport associated with the facility subject
to continuous monitoring or monitored facility, and shall
include:
(a) the type of airplane;
(b) the specification of all the facilities subject to
continuous monitoring or monitored facilities for which
the equipment and supplies are intended;
(c) the point of entry or the airport associated with the
facility subject to continuous monitoring or monitored
facility;
(d) the estimated date of arrival at the point of entry or
at the airport associated with the facility subject to
continuous monitoring or monitored facility;
(e) for each facility specified in subparagraph (b) of
this paragraph, the approximate number of separate
palletized or oversize units of cargo, including modular
structures, and the approximate weight and dimensions of
each such unit of cargo; and
(f) the type and approximate amounts of hazardous
materials carried on the airplane that require special
safety measures in transportation and handling.
18. Notification of the confirmation of an intention to
use an inspection airplane that has been notified in
accordance with paragraph 17 of this Section shall be
provided no less than seven days in advance of the
estimated date of its arrival at the point of entry or
airport associated with the facility subject to continuous
monitoring or monitored facility, and shall include:
(a) the number, time, and date of the notification
provided earlier in accordance with paragraph 17 of this
Section;
(b) the date and estimated time of arrival at the point of
entry or at the airport associated with the facility
subject to continuous monitoring or monitored facility;
and
(c) the names of aircrew members.
19. Notification of the response to a request by the
inspecting Party contained in a notification provided in
accordance with paragraph 17 of this Section to land an
inspection airplane at the airport associated with a
facility subject to continuous monitoring or monitored
facility shall be provided by the inspected Party no less
than 72 hours prior to the estimated time of its arrival
specified in a notification provided in accordance with
paragraph 13, 14, 15, or 18 of this Section, and shall
include:
(a) in case the inspected Party permits the airplane to
land at the airport associated with the facility specified
in the notification provided in accordance with paragraph
17 of this Section:
(i) the name of the airport;
(ii) the route for the flight of the inspection airplane
to the airport; and
(iii) whether or not an escort crew will be provided and,
if provided, a list of the members of that aircrew; or
(b) in case the inspected Party does not permit the
airplane to land at the airport associated with the
facility specified in the notification provided in
accordance with paragraph 17 of this Section, the point of
entry associated with the facility.
20. Notification of amendments made to the list of
inspectors, monitors, or aircrew members in accordance
with paragraph 4 of Section II of this Protocol shall
include:
(a) the list or lists to be amended;
(b) if any inspector, monitor, or aircrew member is
removed from the lists, the first name, patronymic or
middle name, and last name; day, month, and year of birth;
city, oblast or state, and country of birth; and the
passport number, if available, of the person removed; and
(c) for each inspector, monitor, or aircrew member
proposed for inclusion in the lists, the first name,
patronymic or middle name, and last name; day, month, and
year of birth; city, oblast or state, and country of
birth; and passport number, if available.
21. Notification of agreement with or objection to the
designation by the other Party of each inspector, monitor,
or aircrew member proposed for inclusion on the lists
provided for in paragraph 2 of Section II of this Protocol
shall be provided no later than 20 days after entry into
force of the Treaty or, with respect to subsequent
amendments made to these lists, no later than 20 days
after receipt of the notification provided in accordance
with paragraph 20 of this Section, and shall include:
(a) the corresponding list or lists;
(b) for each inspector, monitor, or aircrew member, the
first name, patronymic or middle name, and last name; day,
month, and year of birth; city, oblast or state, and
country of birth; and passport number, if available; and
(c) for each inspector, monitor, or aircrew member,
agreement with or objection to the designation of that
person.
22. Notification of an objection to an inspector, monitor,
or aircrew member who is currently on the list of
inspectors, monitors, or aircrew members, shall include:
(a) the corresponding list or lists;
(b) for each inspector, monitor, or air-crew member, the
first name, patronymic or middle name, and last name; day,
month, and year of birth; city, oblast or state, and
country of birth; and passport number if available; and
(c) for each inspector, monitor, or aircrew member, the
reason for the objection to that person.
23. Notification of a change or addition to the points of
entry to the territory of the inspected Party shall be
provided in accordance with paragraph 1 of Section IV of
this Protocol through diplomatic channels no less than
five months prior to the beginning of the use of the new
point of entry, and shall include:
(a) the point of entry to be changed, if applicable; and
(b) the new point of entry.
24. Notification containing data concerning the flight
plan of an inspection airplane shall be provided no less
than six hours prior to the scheduled departure time of
such an airplane from the last airfield prior to entering
the airspace of the inspected Party.
25. Notification of the approval of the flight plan of an
inspection airplane filed in accordance with paragraph 24
of this Section shall be provided by the inspected Party
no less than three hours prior to the scheduled time for
departure of such an airplane from the last airfield prior
to entering the airspace of the inspected Party.
26. Notification of an intention to conduct the cargo
examination at a location other than the facility subject
to continuous monitoring or monitored facility shall be
provided by the inspected Party no less than 120 hours in
advance of the estimated time of arrival of an inspection
airplane used in accordance with paragraph 4 of Section IV
of this Protocol.
27. Notification of a change of a route for flights of
inspection airplanes to and from a point of entry
established on the territory of a Party shall be provided
by that Party no less than 30 days in advance of the
effective date of such change and shall include:
(a) the point of entry;
(b) the changed flight route, and
(c) the effective date of such change.
28. Notification of the determination, in accordance with
subparagraph 1(d) of Subsection E of Section VI of Annex 8
to this Protocol, of agreed geographic coordinates of
reference points used at a point of entry for testing the
operability of satellite system receivers, shall be
provided by the inspected Party no later than 48 hours
after such determination and shall include:
(a) the point of entry;
(b) the date of determination of the agreed geographic
coordinates;
(c) the agreed geographic coordinates of each of the
reference points; and
(d) a physical description of each of the reference
points.
29. Notification of the intent to change, in accordance
with subparagraph 1(h) of Subsection E of Section VI of
Annex 8 to this Protocol, a reference point used at a
point of entry for testing the operability of satellite
system receivers, shall be provided by the inspected Party
no less than seven days in advance of the proposed
effective date of the change and shall include:
(a) the point of entry;
(b) the agreed geographic coordinates of the reference
point to be changed;
(c) the geographic coordinates of the new reference point;
and
(d) the proposed effective date of the change.
30. Notification of intention to use ground transportation
vehicles and related services, in accordance with
subparagraph 8(a) of Part B of Section IV of this
Protocol, shall be provided by the inspecting Party to the
inspected Party no less than 40 days in advance of the
estimated date of provision of the vehicles at the
facility subject to continuous monitoring or monitored
facility, or at the point of departure of the cargo, and
shall include:
(a) the type of ground transportation vehicles requested
and the number of vehicles of each type;
(b) the estimated date of arrival of the ground
transportation vehicles at the monitored facility or point
of departure of the cargo;
(c) the point of departure of the cargo;
(d) the approximate number of separate palletized or
oversize units of cargo, including modular structures, and
the approximate weight and dimensions of each such unit of
cargo;
(e) the type and approximate amount of any hazardous
materials to be carried by the ground transportation
vehicles that require special safety measures during
transportation and handling;
(f) the estimated route that will be used by the ground
transportation vehicles when transiting between the point
of departure of the cargo and the facility subject to
continuous monitoring or monitored facility; and
(g) services requested of the inspected Party.
End text.
CLINTON