SUPPLEMENTAL GUIDANCE FOR U.S. START FOLLOW-ON

S E C R E T STATE 091143 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 6 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 sixth of seven cables. This cable contains paragraph 2 of Section XII through paragraph 25 of Section XIV 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: ¶2. Technical characteristics exhibitions of ICBMs and SLBMs of each new type, notification of which has been provided in accordance with paragraph 4 of Section VII of the Notification Protocol, and of new variants of ICBMs and SLBMs and new versions of mobile launchers of ICBMs, notification of which has been provided in accordance with paragraph 3 of Section I of the Notification Protocol, shall be conducted at the times specified in such notifications. Technical characteristics exhibitions of mobile launchers of ICBMs of each new type of ICBMs for mobile launchers of ICBMs shall be conducted at the same time as the technical characteristics exhibition of the ICBM for mobile launchers of ICBMs of the new type. An exhibition of an ICBM or SLBM of a new type shall include an exhibition, in accordance with the procedures provided for in Annex 11 to this Protocol, in close proximity, of the ICBM or SLBM; the first stage of the ICBM or SLBM; the launch canister, if applicable; and the self-contained dispensing mechanism, if applicable. Technical characteristics exhibitions shall be conducted separately from, and in addition to, data update inspections. ¶3. The technical characteristics exhibition sites shall be chosen by the inspected Party. ¶4. The inspection team shall arrive on the territory of the inspected Party no later than one day and no earlier than three days before the exhibition date. The inspected Party shall transport the inspection team to the exhibition site so that the inspection team arrives at the site in a timely manner. ¶5. During pre-inspection procedures for technical characteristics exhibitions, a member of the in-country escort shall: (a) inform inspectors of the numbers of each type, variant and version, whichever is applicable, of the exhibited items; and (b) point out to the inspectors, when applicable, in photographs, slides or drawings, the distinguishing features or external differences of such items. ¶6. During a technical characteristics exhibition, a member of the in-country escort shall point out the specific places on each exhibited item where measurements were taken to obtain the specified technical data and to obtain the dimensions specified in paragraphs 13, 14, 16, and, if applicable, 15, of Annex J to the Memorandum of Understanding. For measurements of the first stage of a solid propellant ICBM for mobile launchers of ICBMs, the inspected Party shall exhibit the first stage of such an ICBM in a configuration that permits inspectors to confirm the reference cylinder as provided for in subparagraph (a) (i) of paragraph 23 of Section VI of this Protocol. A member of the in-country escort shall point out the places on such a first stage that permit measurement of the distance from the point where the aft end dome of the motor case joins with the nozzle to the upper point of the forward end dome of the motor case, and the maximum diameter of such a stage excluding protruding elements. If necessary, the in-country escort shall have the right to use diagrams or sketches to indicate such places. Inspectors shall have the right to make such measurements. Such measurements shall be recorded pursuant to paragraph 19 of Section VI of this Protocol. ¶7. During technical characteristics exhibitions, inspectors shall have the right to confirm the length and diameter of the first stage of an ICBM and SLBM of each type and variant, as well as the diameter of the second or third stage if that diameter differs from the diameter of the first stage, and the length and diameter of the assembled ICBM or SLBM, as provided for in Annex 11 to this Protocol. ¶8. If a Party declares a new type of ICBM or SLBM in a notification provided in accordance with paragraph 4 of Section VII of the Notification Protocol, and if this new type is declared on the basis of a change in the first stage length used for confirming a new type, with or without a change in the throw-weight, compared to the first stage length of an ICBM or SLBM, respectively, of appropriate existing types and previously declared new types, the notifying Party shall: (a) exhibit the first stage of the ICBM or SLBM of the new type for the purpose of confirming the first stage length used for confirming a new type of ICBM or SLBM; and (b) exhibit the first stage of the ICBM or SLBM of appropriate existing types or previously declared new types of ICBMs or SLBMs, respectively, for the purpose of confirming the first stage length used for confirming a new type of ICBM or SLBM, if the length used for confirming a new type of ICBM or SLBM has not been previously confirmed on an ICBM or SLBM, respectively, of such existing types or previously declared new types of ICBMs or SLBMs. When necessary, specific procedures for measuring the first stage length used for confirming a new type of an ICBM or SLBM shall be agreed within the framework of the Bilateral Consultative Commission. ¶9. If a Party declares a new type of ICBM or SLBM in a notification provided in accordance with paragraph 4 of Section VII of the Notification Protocol, and if that new type is declared on the basis of a change in the launch weight of an ICBM or SLBM of that new type from the launch weight of an ICBM or SLBM, respectively, of appropriate existing types and previously declared new types, the inspecting Party shall have the right to weigh, or to determine by other agreed means the weight of, the ICBM or SLBM of the new type and ICBMs or SLBMs of an appropriate existing type or previously declared new type in order to verify their launch weights. Procedures for weighing or determining by other means the weight of such ICBMs or SLBMs shall be agreed within the framework of the Bilateral Consultative Commission before the beginning of deployment of an ICBM or SLBM of such a new type. ¶10. Procedures for weighing and for other means of determining the weight of ICBMs or SLBMs shall be agreed within the framework of the Bilateral Consultative Commission no later than one year after a Party has proposed procedures for weighing or for other means of determining the weight of ICBMs or SLBMs. ¶11. For an ICBM for mobile launchers of ICBMs of a new type, during the technical characteristics exhibition, the inspected Party shall demonstrate distinguishing features pursuant to paragraph 6 of Article III of the Treaty. (a) If an ICBM for mobile launchers of ICBMs of a new type is larger either in length or diameter than the launch canister for an ICBM for mobile launchers of ICBMs of each existing type or previously declared new type, technical characteristics exhibitions pursuant only to paragraph 2 of this Section shall be required. (b) For an ICBM for mobile launchers of ICBMs of a new type, exhibited in accordance with paragraph 2 of this Section, if the length and the diameter of the ICBM for mobile launchers of ICBMs of a new type are less than or equal to the length and less than or equal to the diameter, respectively, of the launch canister for an ICBM for mobile launchers of ICBMs of an existing type or previously declared new type, and if either Party believes that the additional procedures during the exhibition are necessary, based on the information contained in the notification provided in accordance with paragraph 4 of Section VII of the Protocol on Notification, with respect to the adequacy of the features that distinguish: the launch canister for ICBMs for mobile launchers of ICBMs of the new type of ICBM from the launch canister for ICBMs for mobile launchers of ICBMs of each existing type of ICBM or previously declared new type of ICBM; the mobile launcher of ICBMs for ICBMs of the new type from the mobile launchers of ICBMs for ICBMs of each existing type or previously declared new type; the mobile launcher of ICBMs with the associated missile of the new type installed from the mobile launcher of ICBMs with the associated missile of each existing type or previously declared new type installed, then the Party that has provided the notification shall conduct such an exhibition subject to the following additional procedures, unless otherwise agreed: (i) The ICBM for mobile launchers of ICBMs of the new type shall be exhibited in close proximity to the launch canister for such an ICBM, containing an assembled ICBM without front section or, at the choice of the inspected Party, an empty launch canister associated with such an ICBM; a launch canister for an ICBM for mobile launchers of ICBMs of each existing type and previously declared new type, containing an assembled ICBM without front section or, at the choice of the inspected Party, an empty launch canister associated with an ICBM for mobile launchers of ICBMs of each existing type and previously declared new type of ICBM; and a mobile launcher of ICBMs of each existing type and previously declared new type of ICBM; (ii) The inspected Party shall demonstrate the functionally related and external differences that distinguish the launch canister for the ICBM for mobile launchers of ICBMs of the new type from the launch canister of each existing type and previously declared new type of ICBMs for mobile launchers of ICBMs; and (iii) The inspected Party shall demonstrate that the launch of an ICBM for mobile launchers of ICBMs of each existing type and previously declared new type cannot be carried out from the launch canister for the ICBM for mobile launchers of ICBMs of the new type, and that a launch of an ICBM for mobile launchers of ICBMs of the new type cannot be carried out from the launch canister for the ICBM for mobile launchers of ICBMs of each existing type and previously declared new type. If the incapability to carry out such launches has not been demonstrated to the satisfaction of the inspecting Party, the inspecting Party may raise the issue within the framework of the Bilateral Consultative Commission. ¶12. Technical characteristics exhibitions shall be carried out in accordance with the procedures provided for in Annexes 8 and 11 to this Protocol. ¶13. During technical characteristics exhibitions, a member of the in-country escort, at the request of the inspectors, shall photograph each exhibited item in order to obtain three photographs of that item that satisfy the requirements provided for in paragraph 10 of Annex J to the Memorandum of Understanding. Such photographs shall be produced using a camera system of the inspected Party. If an ambiguous situation arises, a member of the in-country escort, at the request of the inspectors, shall take photographs, subject to the provisions of paragraphs 18 and 27 of Section VI of this Protocol, using the camera system of the inspection team. XIII. Distinguishability Exhibitions and Inspections Conducted Pursuant to Paragraph 7 of Article XI of the Treaty ¶1. Each Party shall conduct, no earlier than three days after notification has been provided in accordance with paragraph 1 of Section I of the Notification Protocol, but no later than 45 days after entry into force of the Treaty, distinguishability exhibitions, required by paragraph 7 of Article XI of the Treaty, of heavy bombers and nuclear armaments for heavy bombers, of types, categories, and variants existing as of the date of entry into force of the Treaty, if such a exhibition was not previously conducted in conjunction with fulfilling the requirements of the START Treaty. Such exhibitions shall be pre-scheduled by agreement between the Parties. ¶2. Subsequent distinguishability exhibitions conducted in connection with events, notification of which has been provided in accordance with Section VII of the Notification Protocol, shall be conducted no earlier than 15 days and no later than 30 days after such a notification has been provided. During such a distinguishability exhibition, the inspected Party shall not be required to exhibit all categories or, if applicable, all variants of an item of a particular type, provided that the purpose of the exhibition is met by a combination of the current exhibition and previous distinguishability exhibitions concerning that type. Such exhibitions shall be conducted separately from, and in addition to, data update inspections. ¶3. Exhibitions of long range non-nuclear ALCMs and nuclear armaments for heavy bombers pursuant to notification provided in accordance with Section VII of the Notification Protocol shall be conducted no earlier than 15 days and no later than 30 days after such a notification has been provided. Such exhibitions shall be conducted separately from, and in addition to, nuclear warhead inspection inspections. ¶4. The sites of such exhibitions shall be chosen by the inspected Party. ¶5. The inspection team shall arrive on the territory of the inspected Party no later than one day and no earlier than three days before the exhibition date. The inspected Party shall transport the inspection team to the exhibition site so that the inspection team arrives at the site in a timely manner. ¶6. Such exhibitions shall be carried out in accordance with the procedures provided for in Annex 4 to this Protocol. ¶7. During distinguishability exhibitions of heavy bombers and nuclear armaments for heavy bombers, and of long-range non-nuclear ALCMs conducted during exhibitions pursuant to a notification provided in accordance with Section VII of the Notifications Protocol a member of the in-country escort, at the request of the inspectors, shall photograph each exhibited item in order to obtain three photographs of that item that satisfy the requirements provided for in paragraph 10 of Annex J to the Memorandum of Understanding. Such photographs shall be produced using a camera system of the inspected Party. If an ambiguous situation arises, a member of the in-country escort, at the request of the inspectors, shall take photographs, subject to the provisions of paragraph 18 and 27 of Section VI of this Protocol, using the camera system of the inspection team. XIV. Continuous Monitoring Activities Conducted Pursuant to Paragraph 8 of Article XI of the Treaty ¶1. Each Party shall have the right to conduct continuous monitoring activities. ¶2. Each Party shall have the right to conduct continuous monitoring activities at production facilities for ICBMs for mobile launchers of ICBMs specified in paragraphs 3 and 4 of Annex I to the Memorandum of Understanding. ¶3. Continuous monitoring activities shall cease at a monitored facility at which production of ICBMs for mobile launchers of ICBMs or first stages of such ICBMs has ceased, no later than one year after notification of the cessation of such production has been provided in accordance with paragraph 12 of Section I of the Notification Protocol, except that if such production ceases prior to May 31, 1994, continuous monitoring activities shall be permitted until May 31, 1995. Beginning on the date on which continuous monitoring activities are no longer permitted at such a facility: that facility shall be subject to data update inspections, in accordance with the provisions of Section VII of this Protocol, if it has been converted to a facility of a category listed in paragraph 5 of Section VII of this Protocol. ¶4. If the inspected Party intends to produce at a monitored facility ICBMs or SLBMs or first stages for such ICBMs or SLBMs that are not subject to the numerical limits on deployed missiles provided for in paragraph 1 of Article II of the Treaty and that are as large as or larger than the size criteria as provided for in paragraph 24 of Section VI of this Protocol, the inspected Party shall notify the inspecting Party no less than 180 days in advance of the planned exit of the first such ICBM, SLBM, or first stage. The Parties shall agree on additional verification procedures in the Bilateral Consultative Commission in an expeditious manner so as not to delay the exit of the first ICBM, SLBM, or first stage of an ICBM or SLBM. ¶5. The inspected Party shall determine the perimeter of each facility subject to continuous monitoring that has been specified in a notification provided in accordance with paragraph 10 of Section III of this Protocol and shall not change it without prior notification to the inspecting Party. The inspected Party shall construct and maintain a fence around the perimeter of each such facility. ¶6. The inspected Party shall designate along the periphery of each facility specified in a notification provided in accordance with paragraph 10 of Section III of this Protocol, a perimeter continuous monitoring area the boundaries of which shall be agreed upon by the Parties for each such facility so that they shall be sufficient to establish a perimeter and portal continuous monitoring system. ¶7. If the inspected Party intends to change the perimeter of a facility at which work on establishing a perimeter and portal continuous monitoring system has begun or at which such a system has already been established, it shall inform the inspecting Party, in advance, of its intention to carry out such work, shall indicate the date planned for such work to begin, and provide through diplomatic channels a site diagram of that facility annotated to indicate the proposed changes to the boundaries of the perimeter continuous monitoring area. Before work to change the perimeter is begun, the Parties shall agree upon the new boundaries of the perimeter continuous monitoring area and upon the procedure for relocating the equipment for the perimeter and portal continuous monitoring system. The procedure for relocating such equipment shall be agreed upon in such a way as to enable monitors to continue their continuous monitoring activities while work on changing the perimeter is in progress. The inspected Party shall bear the costs relating to relocation of the equipment for the perimeter and portal continuous monitoring system resulting from changing the perimeter. ¶8. The inspected Party shall define, separately for each facility subject to continuous monitoring or monitored facility, a zone within which monitors shall have the right to travel with the permission of the in-country escort, and, as considered necessary by the inspected Party, accompanied by escorts. Areas from which monitors shall be excluded within these zones may be defined by the inspected Party. For each facility subject to continuous monitoring or monitored facility, the inspected Party shall define, if possible, a free movement zone within which the monitors shall have the right to move between their place of duty and their living quarters without the permission of the in-country escort. ¶9. Unless previously conducted pursuant to the START Treaty, the inspecting Party shall have the right, 30 days after entry into force of the Treaty and thereafter, to conduct an engineering site survey at a facility subject to continuous monitoring. The purpose of the engineering site survey is on-site familiarization with geological and topographic conditions and available logistical resources for establishing a perimeter and portal continuous monitoring system. ¶10. Within the perimeter continuous monitoring area, the inspecting Party shall have the right to establish, operate, and maintain a perimeter and portal continuous monitoring system. The equipment for such a system is specified in Annex 9 to this Protocol. ¶11. Monitors shall have the right of unlimited access, at times of their own choosing, to the perimeter continuous monitoring area. In each case, monitors shall inform a member of the in-country escort of their intent to examine the perimeter continuous monitoring area. The inspected Party shall maintain continuously, on a 24-hour basis, a member of the in-country escort at the monitored facility, to accompany monitors to any portion of the perimeter continuous monitoring area. For this purpose, a member of the in-country escort shall promptly provide monitors with a vehicle upon request. In the perimeter continuous monitoring area, the monitors shall be enabled to move around the entire monitored facility. ¶12. The monitors shall have the right to use in the perimeter continuous monitoring area their own systems for two-way radio communication with the operations center at the monitored facility that is provided for in subparagraph 22(a) of this Section. The operating frequency and power levels for these radio systems shall be agreed by the Parties prior to the use of such systems in the perimeter continuous monitoring area. These radio systems must operate only on a single agreed operating frequency and may not contain components permitting them to operate on other frequencies. A member of the in-country escort shall have the right to ascertain at any time that these radio systems are capable of operating only on the single, agreed operating frequency. ¶13. For a facility specified in a notification provided in accordance with paragraph 10 of Section III of this Protocol, the inspected Party shall designate a portal with not more than one rail line. All objects, containers, launch canisters, and vehicles that are large enough to contain or to be an item of continuous monitoring of the inspected Party shall exit only through the portal commencing on the date specified in the notification provided in accordance with paragraph 11 of Section III of this Protocol. ¶14. Except for the portal, the monitored facility shall have no other rail exits and shall have no more than two other road exits. Such exits shall be monitored as provided for in Annex 9 to this Protocol. The inspecting Party shall have the right to construct an environmental shelter with total floor space of up to 16 square meters at each exit. ¶15. There shall be no more than four additional exits from the monitored facility for personnel of the inspected Party. These exits shall be no wider than one meter. ¶16. No later than three months after the notification provided in accordance with paragraph 12 of Section III of this Protocol, the inspected Party shall, at the request of the inspecting Party, provide: (a) two dedicated telephone lines providing direct communications between the monitoring team and the embassy of the inspecting Party with a single termination point, specified by the inspecting Party, at each end of a telephone line; (b) one non-dedicated commercial telephone line for local and long distance communications throughout the existing telephone network within the territory of the inspected Party; and (c) satellite communications equipment providing access to a telephone communications systems channel of the International Maritime Satellite Organization (INMARSAT) or to an equivalent satellite communication system for telephonic communications between the monitoring team and the territory of the inspecting Party, if such equipment is not provided by the inspecting Party at the request of the inspected Party. ¶17. All expenses associated with the installation and operation of the dedicated direct telephone lines shall be borne by the inspected Party. All expenses associated with the installation and use of the non-dedicated commercial telephone line shall be borne by the inspecting Party. All expenses associated with the provision, installation, and maintenance of satellite communications equipment shall be borne by the inspected Party. If requested by the inspected Party, the inspecting Party may provide the satellite communications equipment. In such a case all expenses associated with the provision, installation, and maintenance of satellite communications equipment shall be borne by the inspecting Party. In any case all expenses associated with the use of the satellite communications system shall be borne by the inspecting Party. ¶18. Satellite communications equipment shall be under the control of the inspected Party, except that it shall be under the control of both Parties if provided by the inspecting Party. Monitors shall have the right to use the satellite communications system any time a monitor and a member of the in-country escort conclude that facsimile communications with the territory of the inspecting Party via the dedicated direct telephone lines to its embassy cannot be established within 20 minutes. ¶19. No later than six months after the notification provided in accordance with paragraph 12 of Section III of this Protocol, the inspected Party shall, at the request of and at the expense of the inspecting Party, provide the following logistic support: (a) all utilities for the establishment, operation, and maintenance of the perimeter and portal continuous monitoring system, including electrical power, water, fuel, heating, and sewage; (b) basic construction materials, including concrete and lumber; (c) the site preparation for the establishment of a perimeter and portal continuous monitoring system, and for the operations center. Such preparation may include earth moving operations, laying of concrete foundations, trenching between equipment locations, and utility connections; and (d) transportation to the perimeter continuous monitoring area of all tools, materials, and equipment necessary for the establishment, operation, and maintenance of the perimeter and portal continuous monitoring system. ¶20. Equipment and supplies brought into the territory of the inspected Party, subject to the provisions of paragraph 16 of Section VI of this Protocol, shall be delivered to the facility subject to continuous monitoring or monitored facility without undue delay. ¶21. Prior to the completion of construction of the buildings or shelters provided for in paragraph 14 and subparagraph 22(b) of this Section, the inspected Party at the request of the inspecting Party shall provide the monitors with temporary structures at the portal and road exits. Such temporary structures shall be provided at the expense of the inspecting Party. ¶22. Within the perimeter continuous monitoring area, the inspecting Party shall have the right to: (a) construct, operate, and maintain at the portal an operations center for receiving and storing data; (b) construct at the portal no more than three buildings with a total floor space of up to 150 square meters to house the operations center and monitoring team headquarters; and (c) install at the portal and the road exits provided for in paragraphs 13 and 14 of this Section, the equipment for a perimeter and portal continuous monitoring system, as specified in Annex 9 to this Protocol. ¶23. Within the perimeter continuous monitoring area, the inspected Party, at the request of and at the expense of the inspecting Party, shall construct one building with floor space specified in such request, but of no more than 500 square meters, for use by the monitors for storage of equipment for continuous monitoring activities and of supplies. ¶24. Within the perimeter continuous monitoring area, the inspected Party shall have the right to construct at a location agreed upon with the inspecting Party, one building for conducting viewing procedures in accordance with this Protocol. ¶25. The monitoring team leader shall provide to the in-country escort: (a) installation drawings, installation manuals, and other documentation, including any changes made to such documentation, to be used by the monitors at that facility subject to continuous monitoring or monitored facility to install or test the equipment for the perimeter and portal continuous monitoring system. Such documentation shall be provided to and discussed with the inspected Party prior to the commencement of the work described therein. During such discussions, the monitors shall provide clarification concerning such documentation; and (b) manuals and any other documents, including any changes made to such documentation, to be used by the monitors to operate and maintain the equipment for continuous monitoring activity within the perimeter continuous monitoring area. Such documentation shall be provided to and discussed with the inspected Party prior to the use of such documentation for the operation and maintenance of equipment within the perimeter continuous monitoring area. During such discussions, monitors shall provide clarification concerning the use of such documentation. End text. CLINTON