SFO-DIP-09-005A: U.S. DRAFT NEW START TREATY

S E C R E T STATE 095967 SIPDIS GENEVA FOR JCIC E.O. 12958: DECL: 09/14/2029 TAGS: KACT PARM START US RS SUBJECT: SFO-DIP-09-005A: U.S. DRAFT NEW START TREATY INSPECTION PROTOCOL ANNEXES, CABLE 1 OF 8 REF: A. STATE 088262 (U.S.-PROPOSED TREATY TEXT PART 1) ¶B. STATE 088263 (U.S.-PROPOSED TREATY TEXT PART 2) ¶C. STATE 091093 (DRAFT NEW START TREATY IP CABLE 1 OF 7) ¶D. STATE 091284 (DRAFT NEW START TREATY IP CABLE 2 OF 7) ¶E. STATE 091291 (DRAFT NEW START TREATY IP CABLE 3 OF 7) ¶F. STATE 091106 (DRAFT NEW START TREATY IP CABLE 4 OF 7) ¶G. STATE 091134 (DRAFT NEW START TREATY IP CABLE 5 OF 7) ¶H. STATE 091143 (DRAFT NEW START TREATY IP CABLE 6 OF 7) ¶I. STATE 091151 (DRAFT NEW START TREATY IP CABLE 7 OF 7) Classified By: Jerry A. Taylor, Director, VCI/SI. Reason: 1.4(b) and (d) ¶1. (U) This is an action request. See paragraph 4 below. ¶2. (S) BACKGROUND: On August 25, 2009, U.S. Embassy Moscow provided to the Russian Federation the texts of the U.S.-proposed Draft New START Treaty Articles (Refs A and B). On September 2, 2009, the U.S. Delegation to the New START Treaty negotiations provided the texts of the U.S.-proposed Draft New START Treaty Inspection Protocol to the Russian Delegation in Geneva (Refs C-I). This cable contains the U.S.-proposed draft of the New START Treaty Inspection Protocol Annexes. ¶3. (S) This is cable 1 of 8 cables. This cable contains Annex 1 through paragraph 9 of Annex 3 of the U.S.-proposed Draft Inspection Protocol Annexes. Embassy should note that, due to the length of the draft, the text was sent using multiple cables. ¶4. (U) ACTION REQUEST: Embassy Moscow is requested to combine the texts of the U.S. draft New START Treaty Inspection Protocol Annexes contained in the associated cables into one document and provide that text to appropriate host government officials. Washington will provide a courtesy Russian-language translation of the U.S. draft New START Treaty Telemetry Protocol when available; however, delivery of the English language text should not be delayed. 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: ANNEX 1 PROCEDURES FOR THE INSPECTION OF COVERED OBJECTS, CONTAINERS, LAUNCH CANISTERS, VEHICLES, AND STRUCTURES ¶1. Inspectors shall have the right to confirm the numbers, and, if applicable, types, variants or versions of items of inspection that are specified for the facility to be inspected and declared for the inspection site in accordance with paragraph 8 of Section VII of this Protocol, and to confirm the absence of any other item of inspection at the inspection site. For this purpose in carrying out the procedures for inspections provided for in this Annex the size criteria provided in paragraph 23 of Section VI of this Protocol shall be used. ¶2. For an item of inspection that is outside a container or launch canister and that is not covered or environmentally protected, inspectors shall have the right to confirm that the item of inspection is an item of inspection of the declared type, and if applicable, variant or version by external viewing and by measurement of its dimensions at locations on the item of inspection designated by a member of the in-country escort. Upon completion of such viewing and measurements, the item of inspection shall not be subject to further inspection. ¶3. For an object that is outside a container or launch canister and that is not covered or environmentally protected, inspectors shall have the right to confirm by external viewing and by measurement of its external dimensions at locations on the object designated by a member of the in-country escort that it is not an item of inspection. ¶4. For a covered or environmentally protected object, a member of the in-country escort shall demonstrate to the satisfaction of inspectors that such an object is an item of inspection of the declared type, and if applicable, variant or version, or that it is not an item of inspection. At the choice of a member of the in-country escort, inspectors shall have the right to carry out one or more of the following procedures: (a) View the covered or environmentally protected object from a place designated by a member of the in-country escort after a member of the in-country escort has partially or, if necessary, completely removed the cover or environmental protection: (i) If, by viewing, inspectors confirm that the object is not an item of inspection, a container, or a launch canister, that object shall not be subject to further inspection. (ii) If, by viewing, inspectors are unable to confirm that the object is not an item of inspection, inspectors shall have the right to carry out the procedures provided for in paragraph 3 of this Annex. (iii) If, by viewing, inspectors confirm that the object is an item of inspection, a container or a launch canister, inspectors shall have the right to carry out the procedures provided for in paragraph 2, 5, 6, or 7 of this Annex. (b) Measure the dimensions of the covered or environmentally protected object: (i) If, by making such measurements, inspectors confirm that the object is not large enough to contain or to be an item of inspection, that object shall not be subject to further inspection. (ii) If, by making such measurements, inspectors confirm that the object is large enough to contain or to be an item of inspection, inspectors shall have the right to carry out the procedures provided for in subparagraph (a) of this paragraph. ¶5. For a container, a member of the in-country escort shall demonstrate to the satisfaction of inspectors that the container contains an item of inspection of the declared type and, if applicable, variant of the type, or that it does not contain an item of inspection. At the choice of a member of the in-country escort, inspectors shall have the right to carry out one or more of the following procedures: (a) Make measurements of the dimensions of the container: (i) If, by making such measurements inspectors confirm that, by its dimensions, the container is not large enough to contain an item of inspection, the container shall not be subject to further inspection. (ii) If, by making such measurements inspectors confirm that, by its dimensions, the container is large enough to contain an item of inspection, inspectors shall have the right to carry out procedures provided for in subparagraph (b) or (c) of this paragraph. (b) View the interior of the container after a member of the in-country escort has opened the container, and, as necessary, measure the dimensions of its contents: (i) If, by viewing the interior of the container and measuring the dimensions of its contents, inspectors confirm that the item of inspection is an item of inspection of the declared type or confirm that the container does not contain an item of inspection, the container shall not be subject to further inspection. (ii) If, by viewing the interior of the container and measuring the dimensions of its contents, inspectors are unable to confirm that the item of inspection is an item of inspection of the declared type or unable to confirm that the contents of the container are not an item of inspection, inspectors shall have the right to carry out procedures provided for in subparagraph (c) of this paragraph. (c) View the contents of the container, after a member of the in-country escort has removed the contents from the container: (i) If, by viewing the contents of the container, inspectors confirm that the contents of the container are not an item of inspection, the container shall not be subject to further inspection. (ii) If, by viewing the contents of the container, inspectors confirm that the contents of the container are an item of inspection or an unidentified object, inspectors shall have the right to carry out procedures provided for in paragraph 2 or 3 of this Annex. ¶6. For a launch canister that is declared to contain an item of inspection, a member of the in-country escort shall demonstrate to the satisfaction of inspectors that the launch canister is a launch canister for an item of the declared type. Inspectors shall have the right to view such a launch canister and, at locations on the launch canister designated by a member of the in-country escort, make measurements of its dimensions to confirm that those dimensions correspond to the dimensions specified for an item of the declared type. Upon completion of the viewing and the measurements, the launch canister shall not be subject to further inspection. ¶7. For a launch canister declared not to contain an item of inspection, a member of the in-country escort shall demonstrate to the satisfaction of inspectors that the launch canister does not contain an item of inspection. At the choice of a member of the in-country escort, inspectors shall have the right to carry out one or more of the following procedures: (a) View the interior of the launch canister after a member of the in-country escort has opened the launch canister, by removing at least one of the end caps from the launch canister, and, as necessary, measure the dimensions of its contents. (i) If, by viewing the interior of the launch canister and measuring the dimensions of its contents, inspectors confirm that the launch canister does not contain an item of inspection, the launch canister shall not be subject to further inspection. (ii) If, by viewing the interior of the launch canister and measuring the dimensions of its contents, inspectors are unable to confirm that the contents of the launch canister are not an item of inspection, inspectors shall have the right to carry out procedures provided for in subparagraph (b) of this paragraph. (b) View the contents of the launch canister, after a member of the in-country escort has removed the contents from the launch canister: (i) If, by viewing the contents of the launch canister, inspectors confirm that the contents of the launch canister are not an item of inspection, the launch canister shall not be subject to further inspection. (ii) If, by viewing the contents of the launch canister, inspectors are unable to confirm that the contents of the launch canister are not an item of inspection, inspectors shall have the right to carry out procedures provided for in paragraph 3 of this Annex. ¶8. For a launch canister that is declared to contain a training model of a missile, a member of the in-country escort shall demonstrate to the satisfaction of inspectors the features that confirm that such a launch canister contains a training model of a missile. ¶9. For a vehicle, a member of the in-country escort shall demonstrate to the satisfaction of inspectors that the vehicle contains one or more items of inspection of the declared type and, if applicable, variant or version, or that it does not contain an item of inspection. At the choice of a member of the in-country escort, inspectors shall have the right to carry out one or more of the following procedures: (a) Make measurements of the dimensions of the enclosed space of the vehicle or the dimensions of the accesses into such a space: (i) If, by making such measurements, inspectors confirm that the vehicle, by the dimensions of its enclosed space or the dimensions of the accesses into such enclosed space is not large enough to contain, or is not accessible to, an item of inspection, the vehicle shall not be subject to further inspection. (ii) If, by making such measurements, inspectors confirm that the vehicle, by the dimensions of its enclosed space and the dimensions of the accesses into such enclosed space, is large enough to contain, and is accessible to, an item of inspection, inspectors shall have the right to carry out procedures provided for in subparagraph (c) of this paragraph. (b) Make measurements of the dimensions of a partitioned enclosed space within the vehicle or of the dimensions of the accesses into such a space. (i) If, by making such measurements, inspectors confirm that the partitioned enclosed space within the vehicle, by its dimensions or by the dimensions of the accesses into such a space, is not large enough to contain, or is not accessible to, an item of inspection, the partitioned enclosed space within the vehicle shall not be subject to further inspection. (ii) If, by making such measurements, inspectors confirm that the partitioned enclosed space within the vehicle, by its dimensions and by the dimensions of the accesses into such a space, is large enough to contain, and is accessible to, an item of inspection, inspectors shall have the right to carry out procedures provided for in subparagraph (c) of this paragraph. (c) View the interior of the vehicle or the partitioned enclosed space within the vehicle, or the open bed of the vehicle, from a place designated by a member of the in-country escort. This place shall be designated in such a way as to allow the inspectors to view the entire interior of the vehicle or the partitioned enclosed space within the vehicle, or the open bed of the vehicle. (i) If, by viewing, inspectors confirm that the interior of the vehicle or partitioned enclosed space within the vehicle, or the open bed of the vehicle does not contain an item of inspection, an unidentified object, a covered or environmentally protected object, a container, or a launch canister, the vehicle or the partitioned enclosed space within the vehicle, or the open bed of the vehicle shall not be subject to further inspection. (ii) If, by viewing, inspectors confirm that the interior of the vehicle or partitioned enclosed space within the vehicle, or the open bed of the vehicle contains an item of inspection, an unidentified object, a covered or environmentally protected object, a container or a launch canister, inspectors shall have the right to carry out the procedures provided for in paragraph 2, 3, 4, 5, 6, 7, or 8 of this Annex. After inspectors have completed the procedures to confirm the numbers, and, if applicable, types, variants or versions, of items of inspection or to confirm the absence of an item of inspection, the vehicle and the items of inspection, containers, launch canisters, or other objects contained therein may leave the inspection site. ¶10. For a structure other than a fixed structure for mobile launchers of ICBMs, a member of the in-country escort shall demonstrate to the satisfaction of inspectors that the structure contains one or more items of inspection of the declared type and, if applicable, variant or version, or that it does not contain an item of inspection. At the choice of a member of the in-country escort, inspectors shall have the right to carry out one or more of the following procedures: (a) Make measurements of the dimensions of the structure or of the dimensions of the accesses into the structure: (i) If, by making such measurements, inspectors confirm that, by its dimensions or by the dimensions of the accesses into the structure, the structure is not large enough to contain, or is not accessible to, an item of inspection, the structure shall not be subject to further inspection. (ii) If, by making such measurements, inspectors confirm that, by its dimensions and by the dimensions of the accesses into the structure, the structure is large enough to contain, and is accessible to, an item of inspection, inspectors shall have the right to carry out procedures provided for in subparagraph (c) of this paragraph. (b) Make measurements of the dimensions of the partitioned enclosed space within the structure or of the dimensions of the accesses into such a space: (i) If, by making such measurements, inspectors confirm that the partitioned enclosed space within the structure, by its dimensions or the dimensions of the accesses into such a space, is not large enough to contain, or is not accessible to, an item of inspection, the partitioned enclosed space within the structure shall not be subject to further inspection. (ii) If, by making such measurements, inspectors confirm that the partitioned enclosed space within the structure, by its dimensions and by the dimensions of the accesses into such a space, is large enough to contain, and is accessible to, an item of inspection, inspectors shall have the right to carry out procedures provided for in subparagraph (c) of this paragraph. (c) View the interior of the structure or the partitioned enclosed space within the structure from a place designated by a member of the in-country escort. This place shall be designated in such a way as to allow the inspectors to view the entire interior of the structure or the partitioned enclosed space within the structure: (i) If, by viewing, inspectors confirm that the interior of the structure or the partitioned enclosed space within the structure does not contain an item of inspection, an unidentified object, a covered or environmentally protected object, a container, a launch canister, or a vehicle, the structure or the partitioned enclosed space within the structure shall not be subject to further inspection. (ii) If, by viewing, inspectors confirm that the interior of the structure or the partitioned enclosed space within the structure contains an item of inspection, an unidentified object, a covered or environmentally protected object, a container, a launch canister, or a vehicle, inspectors shall have the right to carry out procedures provided for in paragraph 2, 3, 4, 5, 6, 7, 8, or 9 of this Annex. ¶11. For a fixed structure for mobile launchers of ICBMs, a member of the in-country escort shall demonstrate to the satisfaction of inspectors that the fixed structure contains one or more mobile launchers of ICBMs of the declared type of ICBM and, if applicable, version of a mobile launcher of ICBMs of the declared type of ICBM and no other item of inspection or that it does not contain an item of inspection. Inspectors shall have the right: (a) To make measurements of the dimensions of all fixed structures for mobile launchers of ICBMs to confirm that such fixed structures in a restricted area cannot contain more than the number of mobile launchers of ICBMs specified for that restricted area; (b) To view the interior of each fixed structure from a place designated by a member of the in-country escort. This place shall be designated in such a way as to allow the inspectors to view the entire interior of the fixed structure for mobile launchers of ICBMs: (i) If, by viewing, inspectors confirm that the interior of the fixed structure does not contain an item of inspection, an unidentified object, a covered or environmentally protected object, a container, a launch canister, or a vehicle, the fixed structure shall not be subject to further inspection. (ii) If, by viewing, inspectors confirm that the interior of the fixed structure contains an item of inspection, an unidentified object, a covered or environmentally protected object, a container, a launch canister, or a vehicle, inspectors shall have the right to carry out procedures provided for in paragraph 2, 3, 4, 5, 6, 7, 8, or 9 of this Annex. (c) To read the data from the unique identifiers applied to ICBMs for mobile launchers of ICBMs as provided for in paragraph 5 of Annex 6 to this Protocol. When carrying out procedures provided for in this paragraph, no more than a total of four inspectors shall be allowed inside a fixed structure for mobile launchers of ICBMs if such a fixed structure contains a mobile launcher of ICBMs. ANNEX 2 PROCEDURES FOR INSPECTION OF SILO LAUNCHERS OF ICBMs, MOBILE LAUNCHERS OF ICBMs, AND SLBM LAUNCHERS ¶1. For an inspection of a silo launcher of ICBMs declared not to contain an ICBM, upon arrival of the inspection team subgroup at such a silo launcher of ICBMs, the inspection team subgroup shall have the right to ascertain that it is the designated silo launcher of ICBMs by comparing its geographic coordinates, determined using a satellite system receiver and the procedures provided for in Annex 8 to this Protocol, with the geographic coordinates specified for that silo launcher. After confirmation of coordinates, the inspected Party shall open the silo door. The inspectors shall have the right to view the interior of this ICBM launcher from a place designated by a member of the in-country escort, to confirm that it does not contain an ICBM or a first stage of an ICBM. ¶2. For an inspection of a mobile launcher of ICBMs declared not to contain an ICBM, if inspectors are unable to confirm by means of external viewing of the launcher that it does not contain an ICBM, inspectors shall have the right to view the interior of that mobile launcher of ICBMs through a maintenance hatch. ¶3. For an inspection of an SLBM launcher declared not to contain an SLBM, upon arrival of the inspection team subgroup at such an SLBM launcher, the inspected Party shall open the SLBM launcher hatch. Inspectors shall have the right to view the interior of the SLBM launcher, from a place designated by a member of the in-country escort, to confirm that it does not contain an SLBM or the first stage of an SLBM. ¶4. For data update inspections, after the viewing in accordance with paragraph 1 of this Annex has been completed, the inspection team subgroup shall return to the maintenance facility of the inspected ICBM base for silo launchers of ICBMs. For a nuclear warhead inspection, after the viewing in accordance with paragraph 1, 2, or 3 of this Annex has been completed, the inspection team subgroup shall have the right, at its choice, to rejoin the inspection team or to go to the designated location where post inspection procedures will be carried out. ANNEX 3 PROCEDURES FOR NUCLEAR WARHEAD INSPECTIONS CONDUCTED PURSUANT TO SUBPARAGRAPH 3(a) OF ARTICLE XI OF THE TREATY ¶1. The inspected Party shall have the right to prepare the front section for viewing in the launcher of ICBMs or SLBMs, in close proximity to it, in a vehicle, or at a specially allocated site determined by the inspected Party. ¶2. For silo launchers of ICBMs and SLBM launchers: (a) Upon arrival of the inspection team at a designated silo launcher of ICBMs containing the ICBM to be inspected, inspectors shall have the right to confirm that it is the silo launcher of ICBMs designated by the inspection team leader by comparing its geographic coordinates, determined using a satellite system receiver and the procedures provided for in Annex 8 to this Protocol, with the geographic coordinates specified for that silo launcher. (b) Upon arrival of inspectors at the silo launcher of ICBMs or SLBM launcher containing the ICBM or SLBM to be inspected, a member of the in-country escort shall designate one or more places where the inspectors may be present. This place or these places shall be determined in a manner permitting inspectors to observe the upper silo or tube edge of such an ICBM or SLBM launcher and permitting inspectors to see any vehicles, containers, or objects that enter or leave the vicinity of the ICBM or SLBM launcher. The boundaries of that vicinity shall be determined by a member of the in-country escort. The place or places from which inspectors may observe the upper silo or tube edge of the ICBM or SLBM launcher shall be located no more than 50 meters from that launcher. In cases where a clear and unobstructed view cannot be achieved within a 50 meter distance, the inspection team leader and a member of the in-country escort may agree to a position or positions that permit a clear and unobstructed view of the upper edge of the launcher from a distance greater than 50 meters. (c) Upon the arrival of inspectors at the designated silo launcher of ICBMs or SLBM launcher, if requested by the inspection team leader, a member of the in-country escort shall provide the inspectors the opportunity to familiarize themselves with the vicinity of this launcher in such a manner that inspectors may orient themselves and have an understanding of the relative positions of the launcher and such structures or vehicles as may be located in its vicinity. (d) Inspectors shall have the right to maintain continuous visual observation of the upper silo or tube edge of such an ICBM or SLBM launcher or of vehicles, devices, or temporary structures used for the removal of the missile or the front section from the launcher or for the preparation of the front section for viewing. The purpose of such observation shall be to ascertain that no reentry vehicle is removed from the ICBM or SLBM launcher during the time period beginning with the opening of the ICBM silo launcher door or SLBM launcher hatch and ending with the completion of preparation of the front section for viewing or the removal of the missile or front section from the ICBM or SLBM launcher, whichever is earlier. (e) Prior to the time of the opening of the ICBM silo launcher door or SLBM launcher hatch, a member of the in-country escort shall inform the inspection team leader of the opening. Inspectors shall have the right to observe the opening of the ICBM silo launcher door or SLBM launcher hatch; the time of the opening shall be at the discretion of the inspected Party. (f) A member of the in-country escort shall demonstrate to the satisfaction of inspectors that any vehicles, containers, or objects that enter or leave the vicinity of the ICBM or SLBM launcher during the time period beginning with the opening of the ICBM silo launcher door or SLBM launcher hatch and ending with the completion of the preparation of the front section for viewing or the removal of the missile or front section from the ICBM or SLBM launcher, whichever is earlier, do not contain reentry vehicles. ¶3. As required, at the choice of the inspected Party, a mobile launcher of ICBMs that contains an ICBM to be inspected may proceed to a specially allocated site where the viewing of the front section of such an ICBM will be carried out, or where the front section will be separated from the ICBM. In that case, the inspection team shall have the right to maintain uninterrupted visual contact with the mobile launcher of ICBMs. ¶4. As required, at the choice of the inspected Party, a submarine whose launcher contains an SLBM to be inspected, may proceed to a specially allocated site where the viewing of the front section of such an SLBM will be carried out, or where the SLBM will be removed from its launcher, or the front section will be separated from the SLBM. In that case, the submarine shall proceed on the surface to that site, and the inspection team shall have the right to maintain uninterrupted visual contact with that ballistic missile submarine. ¶5. The inspected Party shall not remove any reentry vehicles from the front section of the ICBM or SLBM to be inspected throughout the entire period of time between the time it is designated for inspection and the completion of the viewing of the front section. ¶6. If the front section is viewed directly in the ICBM or SLBM launcher, the inspected Party shall prepare the front section for viewing subject to the provisions of paragraph 8 or 11 of this Section and shall give the inspection team an opportunity to view it. Preparation of the front section for viewing may include its partial separation from the missile. Inspectors shall have the right to view the interior of the vehicles and devices used to prepare the front section for viewing, prior to their use and after the completion of viewing of the front section. This viewing shall be carried out to confirm that such vehicles or devices do not contain another front section or other reentry vehicles. For SLBMs, if the inspected Party places over an SLBM launcher a temporary structure specially intended for preparing the front section for viewing and for viewing it, inspectors shall have the right to inspect that temporary structure before it is put in place and after the viewing of the front section is completed. This viewing shall be carried out to confirm that the temporary structure does not contain another front section or other reentry vehicles. ¶7. For viewing of the front section carried out outside an ICBM or SLBM launcher: (a) The inspectors shall have the right to view the interior of the vehicles and devices used to remove a missile or front section from an ICBM or SLBM launcher, prior to their use. This viewing shall be carried out to ascertain that such vehicles or devices do not contain another missile, front section, or other reentry vehicles. After the removal of the missile or front section from a vehicle or device, inspectors shall have the right to view it again to ascertain that it contains no reentry vehicles. (b) The inspected Party shall separate the front section and remove it from the ICBM or SLBM launcher or remove the missile with its front section from the ICBM or SLBM launcher. (c) If the inspected Party separates the front section in the ICBM or SLBM launcher and then removes it, no more than two inspectors shall have the right to view the interior of the launcher for no more than one minute from a place designated by a member of the in-country escort, to confirm that the front section is completely separated. A member of the in-country escort shall designate this place in such a way as to provide an unobstructed view of the interior of the ICBM or SLBM launcher. (d) If, in the process of preparing for the demonstration, the front section or missile with its front section is placed into a vehicle, inspectors shall have the right to view the interior of the vehicle before the missile or front section is placed in it, in order to ascertain that it does not contain another missile, front section, or other reentry vehicles. (e) If the front section is viewed at a specially allocated site, inspectors shall have the right to follow that vehicle during the transportation of the missile with its front section or of the front section in the vehicle to that site in such a way as to maintain uninterrupted visual contact with the vehicle; after the missile with its front section or the front section has been unloaded from that vehicle, inspectors shall have the right to view the vehicle again to ascertain the absence therein of reentry vehicles. ¶8. Preparation of the front section for viewing shall include full or partial removal of the shroud except for missiles that do not utilize a shroud. The process of preparation of the front section for viewing may be carried out outside the field of view of inspectors in such a way as to permit inspectors to ascertain that no reentry vehicles are removed from the front section. ¶9. If the front section is viewed in the vehicle, inspectors shall have the right to observe the vehicle throughout the entire period of time between the placement of the front section in the vehicle and the viewing of the front section. End text. CLINTON