Identifier
Created
Classification
Origin
09STATE91284
2009-09-01 21:16:00
SECRET
Secretary of State
Cable title:
SUPPLEMENTAL GUIDANCE FOR U.S. START FOLLOW-ON
VZCZCXYZ0011 OO RUEHWEB DE RUEHC #1284 2442138 ZNY SSSSS ZZH O 012116Z SEP 09 FM SECSTATE WASHDC TO RUEHMO/AMEMBASSY MOSCOW IMMEDIATE 0000 RUEHGV/USMISSION GENEVA IMMEDIATE 0000 INFO RUEAIIA/CIA WASHINGTON DC IMMEDIATE RHMFISS/JOINT STAFF WASHINGTON DC IMMEDIATE RHEHAAA/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 091284
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 2 OF 7)
REF: A. STATE 088262 (U.S.-PROPOSED TREATY TEXT PART
S E C R E T STATE 091284
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 2 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 second of seven cables. This cable
contains paragraph 31 of Section III through paragraph 16
of Section V 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:
31. Notification confirming intention to use ground
transportation vehicles and related services in accordance
with subparagraph 8(b) of Part B of Section IV of this
Protocol shall be provided by the inspecting Party to the
inspected Party no less than 20 days in advance of the
estimated date of provision of the ground transportation
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 number, time and date of the notification provided
in accordance with paragraph 30 of this Section; and
(b) any changes to the information contained in such
notification.
32. Notification confirming the provision of ground
transportation vehicles and related services in accordance
with subparagraph 8(c) of Part B of Section IV of this
Protocol shall be provided by the inspected Party to the
inspecting Party no less than 10 days in advance of the
estimated date of provision of the ground transportation
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 and the
number of vehicles of each type that will be provided;
(b) the estimated date of provision of the ground
transportation vehicles at the monitored facility or at
the point of departure of the cargo;
(c) the estimated date of arrival of the ground
transportation vehicles with cargo at the monitored
facility or at the point of departure of the cargo;
(d) the services that will be provided by the inspected
Party;
(e) passport information for the drivers of the ground
transportation vehicles and other individuals accompanying
such vehicles; and
(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.
33. Notification of a change to a point of departure of
the cargo located outside the territory of the inspected
Party shall be provided in accordance with paragraph 3 of
Part B of Section IV of this Protocol no less than five
months prior to the beginning of the use of the new point
of departure of the cargo, and shall include:
(a) the new point of departure of the cargo; and
(b) the date on which use of the new point of departure of
the cargo will commence.
IV. Arrangements for Transportation
A. Air Transportation
1. The United States of America and the Russian Federation
shall each establish on its territory no more than three
and no fewer than two points of entry. The points of
entry and their associated inspection sites shall be
listed in Annex I of the Memorandum of Understanding.
Each Party may change a point of entry to its territory by
providing notification of such a change to the other Party
in accordance with paragraph 23 of Section III of this
Protocol.
2. The inspected Party shall, for each facility subject to
continuous monitoring or monitored facility, identify the
airport associated with that facility. Provisions of this
Protocol relating to points of entry, except for the
provisions of paragraphs 2, 3, 4, and 14 of Section V of
this Protocol, shall apply to such airports while
inspection airplanes or equipment and supplies transported
by such airplanes in accordance with paragraph 4 of this
Section are located there.
3. The inspecting Party shall have the right to use
inspection airplanes of the types specified in paragraph 2
of Annex 10 to this Protocol for the transportation of
inspectors or monitors to the points of entry on the
territory of the inspected Party. Such airplanes may, at
the same time that they are transporting inspectors, carry
equipment intended for inspections. Such airplanes may,
at the same time that they are transporting monitors,
carry equipment and supplies intended for continuous
monitoring activities. The inspecting Party shall provide
notification of each flight of an inspection airplane
transporting inspectors or monitors in accordance with
paragraph 3, 5, 6, 10, 11, 13, 14, or 15 of Section III of
this Protocol.
4. The inspecting Party shall have the right to use
inspection airplanes of types specified in paragraph 3 of
Annex 10 to this Protocol for the transportation of cargo
specified in an inventory provided in accordance with
paragraph 1 of Annex 7 to this Protocol. Such airplanes
may, at the same time that they are transporting such
cargo, carry monitors, and equipment and supplies intended
for continuous monitoring activities, and, if such
airplanes arrive at the point of entry, also inspectors
and equipment intended for inspections. Such airplanes may
carry only equipment, only supplies, or both at one and
the same time. Flights of such airplanes shall take place
only to the points of entry, and, for airplanes not
transporting inspectors, on a case-by-case basis, with the
permission of the inspected Party, into airports
associated with facilities subject to continuous
monitoring or monitored facilities. For airplanes making
flights into airports associated with facilities subject
to continuous monitoring or monitored facilities, the
inspected Party shall have the right to provide an escort
crew consisting of not more than two individuals
(navigator and radio operator or navigator only) who shall
board the inspection plane at the last airfield prior to
entering the airspace of the inspected Party. The
inspecting Party shall provide notification of each flight
of an inspection airplane for the transportation of cargo
in accordance with paragraph 17 of Section III of this
Protocol and, if applicable, paragraph 3, 5, 6, 10, 11,
13, 14, 15, or 18 of Section III of this Protocol.
5. The inspecting Party shall have the right to use
airplanes making regularly scheduled commercial flights to
transport inspectors and monitors to those points of entry
that are served by such airplanes. The provisions of this
Protocol 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. Inspectors arriving on the
territory of the inspected Party on an airplane making a
regularly scheduled commercial flight shall have the right
to bring equipment intended for inspections. Monitors
arriving on the territory of the inspected Party on an
airplane making a regularly scheduled commercial flight
shall have the right to bring equipment and supplies
intended for continuous monitoring activities.
6. An inspection airplane used in accordance with
paragraph 4 of this Section may transport equipment and
supplies for more than one facility subject to continuous
monitoring or monitored facility only if all such
facilities are associated with the same point of entry and
the flight is made to that point of entry.
7. The following routes for flights of inspection
airplanes used in accordance with this Section to and from
the points of entry shall be listed in paragraph 10 of
Annex I to the Memorandum of Understanding:
(a) from the west, directly to and from the points of
entry to the western points of entry to the Russian
Federation and the United States of America;
(b) from the east, directly to and from the point of entry
to the eastern points of entry to the Russian Federation
and the United States of America.
Such flights shall be the basis for issuing standing
diplomatic clearance numbers. Each Party shall assign
alternate airfields in accordance with the rules of the
International Civil Aviation Organization. Each Party may
change routes for flights of inspection airplanes to and
from points of entry established on its territory by
providing a notification of such change to the other
Parties in accordance with paragraph 27 of Section III of
this Protocol.
8. Flight plans for inspection airplanes shall be filed in
accordance with the procedures of the International Civil
Aviation Organization applicable to civil aircraft. The
inspecting Party shall include in the remarks section of
each flight plan the standing diplomatic clearance number
and the notation: Inspection airplane. Priority
clearance processing required.
9. No less than three hours before the scheduled time for
departure of an inspection airplane from the last airfield
prior to entering the airspace of the inspected Party, the
inspected Party shall ensure that the flight plan of the
inspection airplane, filed in accordance with paragraph 8
of this Section, is approved so that the inspection team
or monitors may arrive at the point of entry by the
estimated arrival time.
10. The call sign New START-xxx shall be assigned to
inspection airplanes. The same odd-hundred call sign
shall be assigned to inspection airplanes of the United
States of America (for example, 1XX, 3XX, 5XX) and the
same even-hundred call sign shall be assigned to
inspection airplanes of the Russian Federation (for
example, 2XX, 4XX, 6XX).
11. The number of aircrew members for each inspection
airplane shall not exceed ten, except that the inspecting
Party shall have the right to exceed that number of
aircrew members by no more than 15 for inspection
airplanes used in accordance with paragraph 4 of this
Section, for the purpose of assisting in the delivery or
removal of equipment and supplies intended for continuous
monitoring activities or, on a case-by-case basis, with
the permission of the inspected Party, for the purpose of
conducting non-routine maintenance or repair of inspection
airplanes located within the territory of the inspected
Party.
12. The inspected Party shall provide parking, security
protection, fueling, air navigation, airport facility, and
ground technical and commercial services, as well as
additional services as requested, for inspection airplanes
of the inspecting Party at the point of entry or the
airport associated with the facility subject to continuous
monitoring or monitored facility. The cost of parking and
security protection for each such airplane shall be borne
by the inspected Party. The cost of fueling and air
navigation, airport facility and ground technical and
commercial services, as well as additional services as
requested, shall be borne by the inspecting Party.
13. For each facility subject to continuous monitoring or
monitored facility, the maximum weight of equipment and
supplies that may be brought into or taken out by one
flight of an airplane transporting monitors through the
point of entry in accordance with the provisions of this
Section shall be 3,000 kilograms, unless otherwise agreed
within the framework of the Bilateral Consultative
Commission. This limitation on weight shall not apply to
the cargo specified in the inventory provided in
accordance with paragraph 1 of Annex 7 to this Protocol.
B. Ground Transportation
1. The inspecting Party shall have the right to use ground
transportation vehicles to transport cargo consisting of
equipment and supplies to or from the facility subject to
continuous monitoring or monitored facility that is
located on the territory of the inspected Party. Such
vehicles may transport only equipment, only supplies, or
both at one and the same time.
2. Cargo consisting of equipment and supplies shall be
transported to and from the facility subject to continuous
monitoring or monitored facility using ground
transportation vehicles no more than five times a year.
3. In connection with the use of ground transportation
vehicles to transport cargo consisting of equipment and
supplies to or from the facility subject to continuous
monitoring or monitored facility, the inspecting Party
shall designate a point of departure of the cargo located
outside the territory of the inspected Party where cargo
loading and offloading will occur. The points of
departure of the cargo and their associated facility
subject to continuous monitoring or monitored facility
shall be listed in Annex TBD of the Memorandum of
Understanding. Each Party may change a point of departure
of the cargo by providing notification of such a change to
the other Party in accordance with paragraph 33 of Section
III of this Protocol.
4. Ground transportation vehicles and related services
necessary for transporting cargo consisting of equipment
and supplies from the point of departure of the cargo to
the facility subject to continuous monitoring or monitored
facility, or removing such cargo from that facility to the
point of departure of cargo, shall be provided by the
inspected Party at the request of the inspecting Party.
5. The inspected Party shall provide ground transportation
vehicles and related services at the point of departure of
the cargo, or at the facility subject to continuous
monitoring or monitored facility, as requested by the
inspecting Party using a cargo carrier selected by the
inspected Party.
6. Procedures regarding payment of costs, and other issues
related to the provision of ground transportation vehicles
for transporting the cargo consisting of equipment and
supplies intended for continuous monitoring activities and
of related services, at the point of departure of cargo or
at the facility subject to continuous monitoring or
monitored facility, shall be specified in a contract
concluded between the cargo carrier selected by the
inspected Party and an authorized representative of the
inspecting Party.
7. The contract referred to in paragraph 6 of Part B of
Section IV of this Protocol, for the provision of ground
transportation vehicles and related services necessary for
cargo transportation, shall specify, inter alia:
(a) the vehicles and services requested of the cargo
carrier;
(b) procedures used by the cargo carrier, the leader of
the monitoring team and the leader of the in-country
escorts to coordinate the transportation of cargo
consisting of equipment and supplies to or from the
facility subject to continuous monitoring or monitored
facility; and
(c) procedures for settlement of accounts for all ground
transportation vehicles and services provided, including
any mutually-agreed services provided as a result of
unforeseen circumstances.
8. In connection with a request made by the inspecting
Party to use ground transportation vehicles to transport
cargo consisting of equipment and supplies to or from the
facility subject to continuous monitoring or monitored
facility, the following notifications shall be provided:
(a) The inspecting Party shall provide a notification to
the inspected Party of its intention to use ground
transportation vehicles. This notification shall be
provided in accordance with paragraph 30 of Section III of
this Protocol.
(b) The inspecting Party shall provide a notification to
the inspected Party confirming its intention to use ground
transportation vehicles and services. This notification
shall be provided in accordance with paragraph 31 of
Section III of this Protocol.
(c) The inspected Party shall provide a notification to
the inspecting Party confirming that the ground
transportation vehicles and services requested by the
inspecting Party will be provided. This notification will
be provided in accordance with paragraph 32 of Section III
of this Protocol.
9. The inspecting Party shall provide the inspected Party
with an inventory of the cargo consisting of equipment and
supplies to be delivered to the facility subject to
continuous monitoring or monitored facility, or removed
from that facility, using the procedures set forth in
Annex 7 to this Protocol. The inspecting Party shall
provide such inventory through its embassy no less than
ten days prior to the arrival of the ground transportation
vehicles on (or departure from) the territory of the
inspected Party.
10. The transportation of cargo consisting of equipment
and supplies intended for continuous monitoring activities
to or from the facility subject to continuous monitoring
or monitored facility by ground transportation vehicles
shall not affect the provisions of paragraph 4 of Section
IV of this Protocol.
11. The inspected Party shall ensure that equipment and
supplies delivered to or removed from the facility subject
to continuous monitoring or monitored facility, using
ground transportation vehicles, are exempt from all
customs duties and are expeditiously processed at the
location at which they enter or depart the territory of
the inspected Party.
12. Cargo shall be examined by the inspected Party at the
facility subject to continuous monitoring or monitored
facility using the relevant provisions set forth in Annex
7 to this Protocol.
V. Activities Beginning Upon Arrival at the Point of Entry
1. Inspection teams, monitors, and air-crew members shall
arrive at the point of entry on the territory of the
inspected Party that is associated with the inspection
site or the facility subject to continuous monitoring or
monitored facility. As soon as the airplane lands, the
in-country escort shall meet: the inspection team or
monitors, and aircrew members arriving at the point of
entry on an inspection air-plane; or the inspection team
or monitors arriving at the point of entry on an airplane
making a regularly scheduled commercial flight. The
in-country escort shall expedite the entry of the
inspection team or monitors, and aircrew members, their
baggage, and equipment intended for inspections, or
equipment and supplies intended for continuous monitoring
activities, into the territory of the inspected Party and
shall accompany the inspection team and assist it in
exercising its functions throughout the in-country
period. The in-country escort shall have the right to
accompany monitors and shall assist them in exercising
their functions throughout the in-country period.
2. As soon as an airplane lands, diplomatic officials of
each Party whose citizens are among the inspectors,
monitors, and aircrew members arriving at the point of
entry shall meet:
(a) the inspection team or monitors, and aircrew members
arriving at the point of entry on an inspection airplane;
or
(b) the inspection team or monitors arriving at the point
of entry on an airplane making a regularly scheduled
commercial flight.
Such diplomatic officials may accompany inspectors and
monitors only during the stay of the inspectors and
monitors at the point of entry, but may accompany the
aircrew members throughout the in-country period.
3. An inspection airplane arriving at the San Francisco
point of entry shall land at Travis Air Force Base. No
more than two diplomatic officials of the Russian
Federation shall be permitted to enter Travis Air Force
Base for the purpose of meeting inspectors, monitors, and
aircrew members arriving there. For that purpose, no less
than four hours prior to the estimated time of arrival of
such an airplane at Travis Air Force Base, the Russian
embassy or consular post of which such diplomatic
officials are members shall transmit to the Department of
State of the United States of America in Washington, D.C.
by telephone, the names of the diplomatic officials
involved and the registration number of the vehicle
involved. The diplomatic officials so identified shall be
granted access to the base no less than 30 minutes prior
to the estimated time of arrival of such airplane.
4. The inspected Party shall provide, or arrange for
providing transportation to Travis Air Force Base of
inspection teams and monitors that arrive at San Francisco
International Airport on airplanes making regularly
scheduled commercial flights. In such cases, no more than
two diplomatic officials of the Russian Federation shall
be permitted to accompany such inspection teams or such
monitors onto Travis Air Force Base. No less than two
hours prior to the estimated time of arrival of the
inspection team or monitors at San Francisco International
Airport, the Russian embassy or consular post of which
such diplomatic officials are members shall transmit to
the Department of State of the United States of America in
Washington, D.C., by telephone, the names of the
diplomatic officials involved and the registration number
of the vehicle involved, for the purpose of providing the
diplomatic officials so identified access to Travis Air
Force Base in order to accompany inspection teams or
monitors.
5. An inspector or monitor shall be considered to have
assumed the duties of an inspector or monitor upon arrival
at the point of entry on the territory of the inspected
Party and shall be considered to have ceased performing
those duties after departure from the territory of the
inspected Party through the point of entry.
6. Throughout the in-country period, inspectors and
monitors shall wear civilian clothes. During their stay
at the inspection site, in the perimeter continuous
monitoring area, and at other locations, as agreed by the
inspection team leader or monitoring team leader and a
member of the in-country escort, the inspectors and
monitors shall wear unique badges provided by the
inspecting Party.
7. Each Party shall ensure that equipment and supplies are
exempt from all custom duties and are expeditiously
processed at the point of entry.
8. Equipment and supplies that the inspecting Party, in
accordance with paragraphs 15 and 16 of Section VI of this
Protocol, brings into the country in which the inspection
site or the facility subject to continuous monitoring or
monitored facility is located shall be subject to
examination each time they are brought into that country.
Such equipment and supplies shall be examined by the
in-country escort, in the presence of inspectors or
monitors, or, for inspection airplanes used in accordance
with paragraph 4 of Section IV of this Protocol, at the
discretion of the inspecting Party, in the presence of
aircrew members. The purpose of such examination shall be
to ascertain to the satisfaction of each Party that the
equipment or supplies cannot perform functions unconnected
with the requirements of inspections or continuous
monitoring activities.
9. Equipment and supplies that inspectors or monitors
bring on inspection airplanes used in accordance with
paragraph 3 of Section IV of this Protocol or on airplanes
making regularly scheduled commercial flights shall be
examined by the in-country escort at the point of entry.
The examination of such equipment and supplies shall be
completed prior to the departure of the inspection team or
monitors from the point of entry for the inspection site
or the facility subject to continuous monitoring or the
monitored facility.
10. Equipment and supplies transported on inspection
airplanes used in accordance with paragraph 4 of Section
IV of this Protocol shall be examined in accordance with
the provisions of Annex 7 to this Protocol.
11. If the inspected Party concludes as a result of an
examination conducted in accordance with paragraph 8 of
this Section that an item of equipment or supplies can
perform functions unconnected with the requirements of
inspections or continuous monitoring activities, the
inspected Party may impound that item of equipment or
supplies at the location of the examination. Equipment
and supplies impounded at the point of entry or the
airport associated with the facility subject to continuous
monitoring or the monitored facility shall not be brought
to an inspection site or to a facility subject to
continuous monitoring or monitored facility, unless the
inspected Party informs the inspecting Party otherwise.
12. If, during the examination of equipment or supplies a
member of the in-country escort concludes that an item of
equipment or supplies should not be cleared for use, the
member of the in-country escort shall explain the reasons
for that conclusion to the inspection team leader or the
monitoring team leader, or an authorized representative of
such a team. If the inspection team leader or the
monitoring team leader, or the authorized representative
of such a team, disagrees with the conclusion of the
member of the in-country escort, the inspection team
leader or the monitoring team leader, or the authorized
representative of such a team, may explain the
appropriateness of the item of equipment or supplies to
the requirements of inspections or continuous monitoring
activities. If the member of the in-country escort
remains convinced of the original conclusion, that member
of the in-country escort and the inspection team leader or
the monitoring team leader, or the authorized
representative of such a team, shall record their views in
a joint document and each of them shall retain a copy of
the document. The Parties may resolve disagreements on
the use of impounded equipment or supplies through
diplomatic channels, within the framework of the Bilateral
Consultative Commission, or by other methods agreed by the
Parties.
13. If the inspected Party has not informed the inspecting
Party of a different decision, the equipment or supplies
impounded at the point of entry or at the airport
associated with the facility subject to continuous
monitoring or monitored facility shall be removed no later
than the departure from the country of the inspection team
that brought the impounded equipment or supplies or no
later than the next departure of monitors from the
country. The impounded equipment or supplies may be
removed from the country, at the choice of the inspecting
Party, either on an inspection airplane or on a civil
aircraft making a regularly scheduled commercial flight.
Until such equipment or supplies have been removed from
the country, they shall be stored at the point of entry or
the airport associated with the facility subject to
continuous monitoring or monitored facility. A storage
method shall be used that requires the presence of
representatives of both Parties for access to the
impounded equipment or supplies.
14. Except as provided for in Annex 7 to this Protocol,
each Party shall have the right to store equipment and
supplies at the points of entry on the territory of the
other Party. Storage of such equipment and supplies at
each point of entry shall be within a secure structure or
room. The inspecting Party may provide containers that
are locked by locks and sealed by seals belonging to the
inspecting Party, for storage of such equipment and
supplies within the secure structure or room. The storage
method used shall require the presence of representatives
of both Parties for access to the equipment or supplies.
15. 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, the inspection team leader shall, at or
before the time for the designation of the inspection site
specified in the notification provided in accordance with
paragraph 3 of Section III of this Protocol, designate in
writing to the inspected Party through the in-country
escort, of the type of inspection and the inspection site,
indicating its name and geographic coordinates. Such a
designation of the inspection site shall be made either at
the time specified in that notification at the airport of
the point of entry, or, prior to that time, at the airport
of the point of entry or at another place within the point
of entry.
16. For nuclear warhead inspections of deployed ICBMs and
SLBMs, prior to the departure of the inspection team for
the inspection site, a member of the in-country escort
shall inform the inspection team leader if there are no
deployed ICBMs or SLBMs in all of the restricted areas of
the ICBM base for mobile launchers of ICBMs or at a
submarine base to be inspected. In such a case no later
than one hour after such notification, the inspection team
leader shall have the right to:
(a) inform the member of the in-country escort that the
inspection of the designated base for mobile launchers of
ICBMs or of the submarine base shall take place. In this
case such inspection shall count against the quota
provided for in paragraph 1 of Section IX of this
Protocol;
(b) designate for inspection an inspection site associated
with the same point of entry in accordance with the
provisions provided in paragraph 15 of this Section or in
paragraph 36 or 37 of Section VI of this Protocol;
(c) decline to conduct the inspection and leave the
territory of the inspected Party. In this case the number
of nuclear warhead inspections of deployed ICBMs and SLBMs
to which the inspecting Party is entitled shall not be
reduced.
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 2 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 second of seven cables. This cable
contains paragraph 31 of Section III through paragraph 16
of Section V 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:
31. Notification confirming intention to use ground
transportation vehicles and related services in accordance
with subparagraph 8(b) of Part B of Section IV of this
Protocol shall be provided by the inspecting Party to the
inspected Party no less than 20 days in advance of the
estimated date of provision of the ground transportation
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 number, time and date of the notification provided
in accordance with paragraph 30 of this Section; and
(b) any changes to the information contained in such
notification.
32. Notification confirming the provision of ground
transportation vehicles and related services in accordance
with subparagraph 8(c) of Part B of Section IV of this
Protocol shall be provided by the inspected Party to the
inspecting Party no less than 10 days in advance of the
estimated date of provision of the ground transportation
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 and the
number of vehicles of each type that will be provided;
(b) the estimated date of provision of the ground
transportation vehicles at the monitored facility or at
the point of departure of the cargo;
(c) the estimated date of arrival of the ground
transportation vehicles with cargo at the monitored
facility or at the point of departure of the cargo;
(d) the services that will be provided by the inspected
Party;
(e) passport information for the drivers of the ground
transportation vehicles and other individuals accompanying
such vehicles; and
(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.
33. Notification of a change to a point of departure of
the cargo located outside the territory of the inspected
Party shall be provided in accordance with paragraph 3 of
Part B of Section IV of this Protocol no less than five
months prior to the beginning of the use of the new point
of departure of the cargo, and shall include:
(a) the new point of departure of the cargo; and
(b) the date on which use of the new point of departure of
the cargo will commence.
IV. Arrangements for Transportation
A. Air Transportation
1. The United States of America and the Russian Federation
shall each establish on its territory no more than three
and no fewer than two points of entry. The points of
entry and their associated inspection sites shall be
listed in Annex I of the Memorandum of Understanding.
Each Party may change a point of entry to its territory by
providing notification of such a change to the other Party
in accordance with paragraph 23 of Section III of this
Protocol.
2. The inspected Party shall, for each facility subject to
continuous monitoring or monitored facility, identify the
airport associated with that facility. Provisions of this
Protocol relating to points of entry, except for the
provisions of paragraphs 2, 3, 4, and 14 of Section V of
this Protocol, shall apply to such airports while
inspection airplanes or equipment and supplies transported
by such airplanes in accordance with paragraph 4 of this
Section are located there.
3. The inspecting Party shall have the right to use
inspection airplanes of the types specified in paragraph 2
of Annex 10 to this Protocol for the transportation of
inspectors or monitors to the points of entry on the
territory of the inspected Party. Such airplanes may, at
the same time that they are transporting inspectors, carry
equipment intended for inspections. Such airplanes may,
at the same time that they are transporting monitors,
carry equipment and supplies intended for continuous
monitoring activities. The inspecting Party shall provide
notification of each flight of an inspection airplane
transporting inspectors or monitors in accordance with
paragraph 3, 5, 6, 10, 11, 13, 14, or 15 of Section III of
this Protocol.
4. The inspecting Party shall have the right to use
inspection airplanes of types specified in paragraph 3 of
Annex 10 to this Protocol for the transportation of cargo
specified in an inventory provided in accordance with
paragraph 1 of Annex 7 to this Protocol. Such airplanes
may, at the same time that they are transporting such
cargo, carry monitors, and equipment and supplies intended
for continuous monitoring activities, and, if such
airplanes arrive at the point of entry, also inspectors
and equipment intended for inspections. Such airplanes may
carry only equipment, only supplies, or both at one and
the same time. Flights of such airplanes shall take place
only to the points of entry, and, for airplanes not
transporting inspectors, on a case-by-case basis, with the
permission of the inspected Party, into airports
associated with facilities subject to continuous
monitoring or monitored facilities. For airplanes making
flights into airports associated with facilities subject
to continuous monitoring or monitored facilities, the
inspected Party shall have the right to provide an escort
crew consisting of not more than two individuals
(navigator and radio operator or navigator only) who shall
board the inspection plane at the last airfield prior to
entering the airspace of the inspected Party. The
inspecting Party shall provide notification of each flight
of an inspection airplane for the transportation of cargo
in accordance with paragraph 17 of Section III of this
Protocol and, if applicable, paragraph 3, 5, 6, 10, 11,
13, 14, 15, or 18 of Section III of this Protocol.
5. The inspecting Party shall have the right to use
airplanes making regularly scheduled commercial flights to
transport inspectors and monitors to those points of entry
that are served by such airplanes. The provisions of this
Protocol 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. Inspectors arriving on the
territory of the inspected Party on an airplane making a
regularly scheduled commercial flight shall have the right
to bring equipment intended for inspections. Monitors
arriving on the territory of the inspected Party on an
airplane making a regularly scheduled commercial flight
shall have the right to bring equipment and supplies
intended for continuous monitoring activities.
6. An inspection airplane used in accordance with
paragraph 4 of this Section may transport equipment and
supplies for more than one facility subject to continuous
monitoring or monitored facility only if all such
facilities are associated with the same point of entry and
the flight is made to that point of entry.
7. The following routes for flights of inspection
airplanes used in accordance with this Section to and from
the points of entry shall be listed in paragraph 10 of
Annex I to the Memorandum of Understanding:
(a) from the west, directly to and from the points of
entry to the western points of entry to the Russian
Federation and the United States of America;
(b) from the east, directly to and from the point of entry
to the eastern points of entry to the Russian Federation
and the United States of America.
Such flights shall be the basis for issuing standing
diplomatic clearance numbers. Each Party shall assign
alternate airfields in accordance with the rules of the
International Civil Aviation Organization. Each Party may
change routes for flights of inspection airplanes to and
from points of entry established on its territory by
providing a notification of such change to the other
Parties in accordance with paragraph 27 of Section III of
this Protocol.
8. Flight plans for inspection airplanes shall be filed in
accordance with the procedures of the International Civil
Aviation Organization applicable to civil aircraft. The
inspecting Party shall include in the remarks section of
each flight plan the standing diplomatic clearance number
and the notation: Inspection airplane. Priority
clearance processing required.
9. No less than three hours before the scheduled time for
departure of an inspection airplane from the last airfield
prior to entering the airspace of the inspected Party, the
inspected Party shall ensure that the flight plan of the
inspection airplane, filed in accordance with paragraph 8
of this Section, is approved so that the inspection team
or monitors may arrive at the point of entry by the
estimated arrival time.
10. The call sign New START-xxx shall be assigned to
inspection airplanes. The same odd-hundred call sign
shall be assigned to inspection airplanes of the United
States of America (for example, 1XX, 3XX, 5XX) and the
same even-hundred call sign shall be assigned to
inspection airplanes of the Russian Federation (for
example, 2XX, 4XX, 6XX).
11. The number of aircrew members for each inspection
airplane shall not exceed ten, except that the inspecting
Party shall have the right to exceed that number of
aircrew members by no more than 15 for inspection
airplanes used in accordance with paragraph 4 of this
Section, for the purpose of assisting in the delivery or
removal of equipment and supplies intended for continuous
monitoring activities or, on a case-by-case basis, with
the permission of the inspected Party, for the purpose of
conducting non-routine maintenance or repair of inspection
airplanes located within the territory of the inspected
Party.
12. The inspected Party shall provide parking, security
protection, fueling, air navigation, airport facility, and
ground technical and commercial services, as well as
additional services as requested, for inspection airplanes
of the inspecting Party at the point of entry or the
airport associated with the facility subject to continuous
monitoring or monitored facility. The cost of parking and
security protection for each such airplane shall be borne
by the inspected Party. The cost of fueling and air
navigation, airport facility and ground technical and
commercial services, as well as additional services as
requested, shall be borne by the inspecting Party.
13. For each facility subject to continuous monitoring or
monitored facility, the maximum weight of equipment and
supplies that may be brought into or taken out by one
flight of an airplane transporting monitors through the
point of entry in accordance with the provisions of this
Section shall be 3,000 kilograms, unless otherwise agreed
within the framework of the Bilateral Consultative
Commission. This limitation on weight shall not apply to
the cargo specified in the inventory provided in
accordance with paragraph 1 of Annex 7 to this Protocol.
B. Ground Transportation
1. The inspecting Party shall have the right to use ground
transportation vehicles to transport cargo consisting of
equipment and supplies to or from the facility subject to
continuous monitoring or monitored facility that is
located on the territory of the inspected Party. Such
vehicles may transport only equipment, only supplies, or
both at one and the same time.
2. Cargo consisting of equipment and supplies shall be
transported to and from the facility subject to continuous
monitoring or monitored facility using ground
transportation vehicles no more than five times a year.
3. In connection with the use of ground transportation
vehicles to transport cargo consisting of equipment and
supplies to or from the facility subject to continuous
monitoring or monitored facility, the inspecting Party
shall designate a point of departure of the cargo located
outside the territory of the inspected Party where cargo
loading and offloading will occur. The points of
departure of the cargo and their associated facility
subject to continuous monitoring or monitored facility
shall be listed in Annex TBD of the Memorandum of
Understanding. Each Party may change a point of departure
of the cargo by providing notification of such a change to
the other Party in accordance with paragraph 33 of Section
III of this Protocol.
4. Ground transportation vehicles and related services
necessary for transporting cargo consisting of equipment
and supplies from the point of departure of the cargo to
the facility subject to continuous monitoring or monitored
facility, or removing such cargo from that facility to the
point of departure of cargo, shall be provided by the
inspected Party at the request of the inspecting Party.
5. The inspected Party shall provide ground transportation
vehicles and related services at the point of departure of
the cargo, or at the facility subject to continuous
monitoring or monitored facility, as requested by the
inspecting Party using a cargo carrier selected by the
inspected Party.
6. Procedures regarding payment of costs, and other issues
related to the provision of ground transportation vehicles
for transporting the cargo consisting of equipment and
supplies intended for continuous monitoring activities and
of related services, at the point of departure of cargo or
at the facility subject to continuous monitoring or
monitored facility, shall be specified in a contract
concluded between the cargo carrier selected by the
inspected Party and an authorized representative of the
inspecting Party.
7. The contract referred to in paragraph 6 of Part B of
Section IV of this Protocol, for the provision of ground
transportation vehicles and related services necessary for
cargo transportation, shall specify, inter alia:
(a) the vehicles and services requested of the cargo
carrier;
(b) procedures used by the cargo carrier, the leader of
the monitoring team and the leader of the in-country
escorts to coordinate the transportation of cargo
consisting of equipment and supplies to or from the
facility subject to continuous monitoring or monitored
facility; and
(c) procedures for settlement of accounts for all ground
transportation vehicles and services provided, including
any mutually-agreed services provided as a result of
unforeseen circumstances.
8. In connection with a request made by the inspecting
Party to use ground transportation vehicles to transport
cargo consisting of equipment and supplies to or from the
facility subject to continuous monitoring or monitored
facility, the following notifications shall be provided:
(a) The inspecting Party shall provide a notification to
the inspected Party of its intention to use ground
transportation vehicles. This notification shall be
provided in accordance with paragraph 30 of Section III of
this Protocol.
(b) The inspecting Party shall provide a notification to
the inspected Party confirming its intention to use ground
transportation vehicles and services. This notification
shall be provided in accordance with paragraph 31 of
Section III of this Protocol.
(c) The inspected Party shall provide a notification to
the inspecting Party confirming that the ground
transportation vehicles and services requested by the
inspecting Party will be provided. This notification will
be provided in accordance with paragraph 32 of Section III
of this Protocol.
9. The inspecting Party shall provide the inspected Party
with an inventory of the cargo consisting of equipment and
supplies to be delivered to the facility subject to
continuous monitoring or monitored facility, or removed
from that facility, using the procedures set forth in
Annex 7 to this Protocol. The inspecting Party shall
provide such inventory through its embassy no less than
ten days prior to the arrival of the ground transportation
vehicles on (or departure from) the territory of the
inspected Party.
10. The transportation of cargo consisting of equipment
and supplies intended for continuous monitoring activities
to or from the facility subject to continuous monitoring
or monitored facility by ground transportation vehicles
shall not affect the provisions of paragraph 4 of Section
IV of this Protocol.
11. The inspected Party shall ensure that equipment and
supplies delivered to or removed from the facility subject
to continuous monitoring or monitored facility, using
ground transportation vehicles, are exempt from all
customs duties and are expeditiously processed at the
location at which they enter or depart the territory of
the inspected Party.
12. Cargo shall be examined by the inspected Party at the
facility subject to continuous monitoring or monitored
facility using the relevant provisions set forth in Annex
7 to this Protocol.
V. Activities Beginning Upon Arrival at the Point of Entry
1. Inspection teams, monitors, and air-crew members shall
arrive at the point of entry on the territory of the
inspected Party that is associated with the inspection
site or the facility subject to continuous monitoring or
monitored facility. As soon as the airplane lands, the
in-country escort shall meet: the inspection team or
monitors, and aircrew members arriving at the point of
entry on an inspection air-plane; or the inspection team
or monitors arriving at the point of entry on an airplane
making a regularly scheduled commercial flight. The
in-country escort shall expedite the entry of the
inspection team or monitors, and aircrew members, their
baggage, and equipment intended for inspections, or
equipment and supplies intended for continuous monitoring
activities, into the territory of the inspected Party and
shall accompany the inspection team and assist it in
exercising its functions throughout the in-country
period. The in-country escort shall have the right to
accompany monitors and shall assist them in exercising
their functions throughout the in-country period.
2. As soon as an airplane lands, diplomatic officials of
each Party whose citizens are among the inspectors,
monitors, and aircrew members arriving at the point of
entry shall meet:
(a) the inspection team or monitors, and aircrew members
arriving at the point of entry on an inspection airplane;
or
(b) the inspection team or monitors arriving at the point
of entry on an airplane making a regularly scheduled
commercial flight.
Such diplomatic officials may accompany inspectors and
monitors only during the stay of the inspectors and
monitors at the point of entry, but may accompany the
aircrew members throughout the in-country period.
3. An inspection airplane arriving at the San Francisco
point of entry shall land at Travis Air Force Base. No
more than two diplomatic officials of the Russian
Federation shall be permitted to enter Travis Air Force
Base for the purpose of meeting inspectors, monitors, and
aircrew members arriving there. For that purpose, no less
than four hours prior to the estimated time of arrival of
such an airplane at Travis Air Force Base, the Russian
embassy or consular post of which such diplomatic
officials are members shall transmit to the Department of
State of the United States of America in Washington, D.C.
by telephone, the names of the diplomatic officials
involved and the registration number of the vehicle
involved. The diplomatic officials so identified shall be
granted access to the base no less than 30 minutes prior
to the estimated time of arrival of such airplane.
4. The inspected Party shall provide, or arrange for
providing transportation to Travis Air Force Base of
inspection teams and monitors that arrive at San Francisco
International Airport on airplanes making regularly
scheduled commercial flights. In such cases, no more than
two diplomatic officials of the Russian Federation shall
be permitted to accompany such inspection teams or such
monitors onto Travis Air Force Base. No less than two
hours prior to the estimated time of arrival of the
inspection team or monitors at San Francisco International
Airport, the Russian embassy or consular post of which
such diplomatic officials are members shall transmit to
the Department of State of the United States of America in
Washington, D.C., by telephone, the names of the
diplomatic officials involved and the registration number
of the vehicle involved, for the purpose of providing the
diplomatic officials so identified access to Travis Air
Force Base in order to accompany inspection teams or
monitors.
5. An inspector or monitor shall be considered to have
assumed the duties of an inspector or monitor upon arrival
at the point of entry on the territory of the inspected
Party and shall be considered to have ceased performing
those duties after departure from the territory of the
inspected Party through the point of entry.
6. Throughout the in-country period, inspectors and
monitors shall wear civilian clothes. During their stay
at the inspection site, in the perimeter continuous
monitoring area, and at other locations, as agreed by the
inspection team leader or monitoring team leader and a
member of the in-country escort, the inspectors and
monitors shall wear unique badges provided by the
inspecting Party.
7. Each Party shall ensure that equipment and supplies are
exempt from all custom duties and are expeditiously
processed at the point of entry.
8. Equipment and supplies that the inspecting Party, in
accordance with paragraphs 15 and 16 of Section VI of this
Protocol, brings into the country in which the inspection
site or the facility subject to continuous monitoring or
monitored facility is located shall be subject to
examination each time they are brought into that country.
Such equipment and supplies shall be examined by the
in-country escort, in the presence of inspectors or
monitors, or, for inspection airplanes used in accordance
with paragraph 4 of Section IV of this Protocol, at the
discretion of the inspecting Party, in the presence of
aircrew members. The purpose of such examination shall be
to ascertain to the satisfaction of each Party that the
equipment or supplies cannot perform functions unconnected
with the requirements of inspections or continuous
monitoring activities.
9. Equipment and supplies that inspectors or monitors
bring on inspection airplanes used in accordance with
paragraph 3 of Section IV of this Protocol or on airplanes
making regularly scheduled commercial flights shall be
examined by the in-country escort at the point of entry.
The examination of such equipment and supplies shall be
completed prior to the departure of the inspection team or
monitors from the point of entry for the inspection site
or the facility subject to continuous monitoring or the
monitored facility.
10. Equipment and supplies transported on inspection
airplanes used in accordance with paragraph 4 of Section
IV of this Protocol shall be examined in accordance with
the provisions of Annex 7 to this Protocol.
11. If the inspected Party concludes as a result of an
examination conducted in accordance with paragraph 8 of
this Section that an item of equipment or supplies can
perform functions unconnected with the requirements of
inspections or continuous monitoring activities, the
inspected Party may impound that item of equipment or
supplies at the location of the examination. Equipment
and supplies impounded at the point of entry or the
airport associated with the facility subject to continuous
monitoring or the monitored facility shall not be brought
to an inspection site or to a facility subject to
continuous monitoring or monitored facility, unless the
inspected Party informs the inspecting Party otherwise.
12. If, during the examination of equipment or supplies a
member of the in-country escort concludes that an item of
equipment or supplies should not be cleared for use, the
member of the in-country escort shall explain the reasons
for that conclusion to the inspection team leader or the
monitoring team leader, or an authorized representative of
such a team. If the inspection team leader or the
monitoring team leader, or the authorized representative
of such a team, disagrees with the conclusion of the
member of the in-country escort, the inspection team
leader or the monitoring team leader, or the authorized
representative of such a team, may explain the
appropriateness of the item of equipment or supplies to
the requirements of inspections or continuous monitoring
activities. If the member of the in-country escort
remains convinced of the original conclusion, that member
of the in-country escort and the inspection team leader or
the monitoring team leader, or the authorized
representative of such a team, shall record their views in
a joint document and each of them shall retain a copy of
the document. The Parties may resolve disagreements on
the use of impounded equipment or supplies through
diplomatic channels, within the framework of the Bilateral
Consultative Commission, or by other methods agreed by the
Parties.
13. If the inspected Party has not informed the inspecting
Party of a different decision, the equipment or supplies
impounded at the point of entry or at the airport
associated with the facility subject to continuous
monitoring or monitored facility shall be removed no later
than the departure from the country of the inspection team
that brought the impounded equipment or supplies or no
later than the next departure of monitors from the
country. The impounded equipment or supplies may be
removed from the country, at the choice of the inspecting
Party, either on an inspection airplane or on a civil
aircraft making a regularly scheduled commercial flight.
Until such equipment or supplies have been removed from
the country, they shall be stored at the point of entry or
the airport associated with the facility subject to
continuous monitoring or monitored facility. A storage
method shall be used that requires the presence of
representatives of both Parties for access to the
impounded equipment or supplies.
14. Except as provided for in Annex 7 to this Protocol,
each Party shall have the right to store equipment and
supplies at the points of entry on the territory of the
other Party. Storage of such equipment and supplies at
each point of entry shall be within a secure structure or
room. The inspecting Party may provide containers that
are locked by locks and sealed by seals belonging to the
inspecting Party, for storage of such equipment and
supplies within the secure structure or room. The storage
method used shall require the presence of representatives
of both Parties for access to the equipment or supplies.
15. 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, the inspection team leader shall, at or
before the time for the designation of the inspection site
specified in the notification provided in accordance with
paragraph 3 of Section III of this Protocol, designate in
writing to the inspected Party through the in-country
escort, of the type of inspection and the inspection site,
indicating its name and geographic coordinates. Such a
designation of the inspection site shall be made either at
the time specified in that notification at the airport of
the point of entry, or, prior to that time, at the airport
of the point of entry or at another place within the point
of entry.
16. For nuclear warhead inspections of deployed ICBMs and
SLBMs, prior to the departure of the inspection team for
the inspection site, a member of the in-country escort
shall inform the inspection team leader if there are no
deployed ICBMs or SLBMs in all of the restricted areas of
the ICBM base for mobile launchers of ICBMs or at a
submarine base to be inspected. In such a case no later
than one hour after such notification, the inspection team
leader shall have the right to:
(a) inform the member of the in-country escort that the
inspection of the designated base for mobile launchers of
ICBMs or of the submarine base shall take place. In this
case such inspection shall count against the quota
provided for in paragraph 1 of Section IX of this
Protocol;
(b) designate for inspection an inspection site associated
with the same point of entry in accordance with the
provisions provided in paragraph 15 of this Section or in
paragraph 36 or 37 of Section VI of this Protocol;
(c) decline to conduct the inspection and leave the
territory of the inspected Party. In this case the number
of nuclear warhead inspections of deployed ICBMs and SLBMs
to which the inspecting Party is entitled shall not be
reduced.
End text.
CLINTON