SUPPLEMENTAL GUIDANCE FOR U.S. START FOLLOW-ON

S E C R E T STATE 091151

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 7 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 seventh of seven cables. This cable
contains paragraph 26 of Section XIV through the signature
block 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:


26. The following restrictions shall apply within and near
the perimeter continuous monitoring area:

(a) Unobstructed tunnels shall not be permitted under the
perimeter continuous monitoring area; obstructed tunnels
shall be subject to examination.

(b) Waterways, canals, or unobstructed culverts shall not
be permitted to cross the perimeter continuous monitoring
area; obstructed culverts shall be subject to examination.

(c) Aircraft shall not be permitted to arrive within the
perimeter of the monitored facility unless the monitors
have been informed in advance of their arrival, except for
an emergency at such a facility. In case of an emergency,
the in-country escort shall inform the monitors of the
arrival of an aircraft within the perimeter of that
facility immediately after such an arrival.

(d) Cranes shall not be permitted to be erected within 20
meters of either side of the boundaries of the perimeter
continuous monitoring area unless the monitors have been
informed in advance.


27. During the establishment, operation, or maintenance of
a perimeter and portal continuous monitoring system, the
inspecting Party shall not impede the inspected Party's
access to any structures or security systems.


28. The inspecting Party shall provide an escort into any
of its portal buildings constructed in accordance with
paragraphs 22 and 23 of this Section, when the inspected
Party desires access to such buildings.


29. Any two members of the monitoring team shall have the
right to travel no more than one time per week to the
embassy or consulate of the inspecting Party on the
territory of the inspected Party. The monitoring team
leader or the authorized representative of such a team
shall inform a member of the in-country escort of the
planned date of each such trip. The inspected Party shall
make arrangements for each such trip in accordance with
paragraph 11 of Section VI of this Protocol.


30. No more than nine diplomatic personnel of the
inspecting Party who are members of the Treaty
implementation unit of that Party's embassy or consulate
on the territory of the inspected Party, shall have the
right to travel, no more than two times each year, to each
facility subject to continuous monitoring, if monitors are
present at such a facility, or monitored facility, with no
more than two persons traveling each time and staying at
such a facility for no more than two days. Arrangements
for such travel shall be made in accordance with
established procedures for travel by diplomats to open
areas. Such personnel shall be permitted unrestricted
movement in the free movement zone associated with the
facility subject to continuous monitoring or monitored
facility. In accordance with Article 32 of the Vienna
Convention on Diplomatic Relations of April 18, 1961, the
Parties agree to waive the inviolability of any article,
including personal baggage, their diplomatic personnel may
be carrying at the last airport prior to arrival at the
facility subject to continuous monitoring or monitored
facility, except that this waiver of immunity shall not
apply to papers. This waiver shall not apply to any other
privileges and immunities accorded diplomatic personnel.
Other requests for visits shall be considered on a
case-by-case basis.


31. Once notification in accordance with paragraph 16 of
Section III of this Protocol has been provided, monitors
shall have the right to move from one facility subject to
continuous monitoring or monitored facility directly to
another such facility and take with them equipment and
supplies. The inspected Party may assign escorts to the
monitors during such movements. The equipment and
supplies brought with them may be examined by the
inspected Party upon arrival at another facility subject
to continuous monitoring or monitored facility under the
same terms as when they arrived on the territory of the
inspected Party.


32. The inspecting Party shall not take any actions with
respect to structures of the inspected Party without its
consent. If the Parties agree that structures of the
inspected Party are to be rebuilt or demolished, either
partially or completely, the inspecting Party shall
provide the necessary compensation.


33. The inspected Party shall not interfere with the
installed equipment of the inspecting Party or restrict
the access of the monitors to such equipment. The
in-country escort shall have the right to observe such
equipment during its installation, testing, operation, and
maintenance at the facility subject to continuous
monitoring or monitored facility.


34. The inspected Party shall not interfere with
continuous monitoring activities.


35. For the purpose of continuous monitoring after dark or
during inclement weather the inspected Party, at the
request of and at the expense of the inspecting Party,
shall ensure sufficient lighting at the portal, road
exits, and along the perimeter of the monitored facility
to permit monitors to carry out their functions, including
obtaining clear images of items being verified using a
system of video cameras.


36. Continuous monitoring of containers, launch canisters,
and vehicles exiting from the monitored facility shall be
carried out subject to the procedures provided for in
Annex 5 to this Protocol.

XV. Cancellation of Inspections


1. An inspection shall be canceled if, due to
circumstances brought about by force majeure, it cannot be
conducted. If an inspection is canceled due to
circumstances brought about by force majeure, the number
of inspections to which the inspecting Party is entitled
shall not be reduced.


2. In the case of a delay, including a delay due to
circumstances brought about by force majeure, that
prevents an inspection team conducting an inspection
pursuant to paragraph 2, 3, or 5 of Article XI of the
Treaty from arriving at the inspection site during the
time specified in paragraph 14 of Section VI of this
Protocol, the inspection team leader may either cancel or
conduct the inspection. If an inspection is canceled due
to delay, the number of inspections to which the
inspecting Party is entitled shall not be reduced.


3. If the time to transport an inspection team or subgroup
exceeds the times specified in paragraphs 11 and 12 of
Section VII, paragraph 14 of Section IX, or paragraph 8 of
Section X of this Protocol, the inspection team leader may
either cancel or conduct the inspection. If such an
inspection is canceled, the number of inspections to which
the inspecting Party is entitled shall not be reduced.


4. For inspections conducted pursuant to paragraphs 2, 3,
or 5 of Article XI of the Treaty, pre-inspection
restrictions shall be canceled if, due to circumstances
brought about by force majeure, items subject to
pre-inspection restrictions must be removed from the
inspection site. In the case of pre-inspection
restrictions being canceled due to circumstances brought
about by force majeure, the inspection team leader may
either cancel or conduct the inspection. If an inspection
is canceled, the number of inspections to which the
inspecting Party is entitled shall not be reduced.


5. If the inspected Party interrupts the procedures for
nuclear warhead inspection for reasons of personnel or
equipment safety, the inspection team leader may cancel
the inspection. In that case, the number of inspections
to which the inspecting Party is entitled shall not be
reduced.

XVI. Inspection Reports and Continuous Monitoring Reports


1. During post-inspection procedures the inspection team
leader shall provide the in-country escort with an
official written inspection report in the language of the
inspecting Party and an unofficial translation of the
report in the language of the inspected Party. Such a
report shall be provided no later than two hours after the
beginning of the post-inspection procedures or no later
than one hour after the arrival of all subgroups of the
inspection team at the location where such procedures are
carried out, whichever is later. The report shall be
factual. It shall include the type of inspection
conducted; the inspection site; the type and number of
missiles, stages, launchers, heavy bombers, ballistic
missile submarines, and support equipment subject to the
Treaty observed during the period of inspection and all
measurements recorded in accordance with paragraph 19 of
Section VI of this Protocol. Photographs taken during the
inspection as well as any site diagrams or maps of the
inspection site provided for in paragraph 8 of Section
VII, paragraph 8 of Section VIII, or paragraph 6 of
Section IX of this Protocol, shall be considered to be
part of the report. The report shall be signed by the
inspection team leader and by a member of the in-country
escort. Each Party shall retain one copy of the report.


2. Within three days after the end of each month, the
monitoring team leader shall provide the in-country escort
with an official written continuous monitoring report in
the language of the inspecting Party and an unofficial
translation of the report in the language of the inspected
Party. The report shall be factual. It shall include the
number of vehicles declared to contain items of the
inspected Party subject to the Treaty that left the
monitored facility through the portal specified in
paragraph 13 of Section XIV of this Protocol during that
month. The report shall also include all measurements of
containers contained in these vehicles recorded in
accordance with paragraph 19 of Section VI of this
Protocol. Photographs taken during continuous monitoring
shall be considered to be a part of the report. The
report shall be signed by the monitoring team leader and
by a member of the in-country escort. Each Party shall
retain one copy of the report.


3. The inspected Party shall have the right to include
written comments in the report.


4. The Parties shall, when possible, clarify ambiguities
regarding factual information contained in the inspection
report or the continuous monitoring report. Relevant
clarifications shall be recorded in the report.

This Protocol is an integral part of the Treaty and shall
enter into force on the date of entry into force of the
Treaty and shall remain in force so long as the Treaty
remains in force. As provided for in subparagraph (b) of
Article XIII of the Treaty, the Parties may agree upon
such additional measures as may be necessary to improve
the viability and effectiveness of the Treaty. The
Parties agree that, if it becomes necessary to make
changes in this Protocol that do not affect substantive
rights or obligations under the Treaty, they shall use the
Bilateral Consultative Commission to reach agreement on
such changes, without resorting to the procedure for
making amendments set forth in Article XVI of the Treaty.

Done at _____ on _______, in two originals, each in the
English and Russian languages, both texts being equally
authentic.

For the United States of America:

For the Russian Federation:

End text.
CLINTON