INDEPENDENT NEWS

Cablegate: (U) Start Follow-On Negotiations, Geneva

Published: Tue 27 Oct 2009 04:29 PM
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TAGS: KACT MARR PARM PREL RS US START
SUBJECT: (U) START FOLLOW-ON NEGOTIATIONS, GENEVA
(SFO-GVA-VI): JCIC AGREEMENT 56 AND EXCHANGE OF LETTERS
REF: GENEVA XXX (SFO-GVA-VI-006)
1. (U) This is SFO-GVA-VI-005.
2. The text at paragraph 4 is Joint Compliance and
Inspection Commission (JCJC) Agreement 56 on Principles and
Procedures for the Completion of Continuous Monitoring
Activity at Votkinsk. The Agreement was signed by the
Representatives of the United States and the Russian
Federation on the margins of the START Follow-on Negotiations
in Geneva at the U.S. Mission on October 21, 2009. As the
Agreement was only signed by Representatives of the United
States and the Russian Federation, consent to be bound by
this Agreement by the Republic of Belarus, the Republic of
Kazakhstan, and Ukraine must be given by their Governments in
accordance with paragraph 6 of Annex 1 to the Protocol on the
JCIC. The Representatives of the United States and the
Russian Federation, in accordance with paragraph 7 of Annex 1
to the JCIC Protocol, also agreed to temporarily observe this
Agreement from the date of its signature until entry into
force. The Agreement was also provided to Representatives of
the Republic of Belarus, the Republic of Kazakhstan, and
Ukraine on October 20, 2009 (REFTEL), with an accompanying
letter indicating that the Agreement was not signed by
Representatives of their Governments, and that their consent
to be bound by the Agreement must be given in accordance with
the procedures of paragraph 6 of Annex 1 to the Protocol on
the JCIC.
3. Paragraph 4 also contains the text of letters which
modify Letters of the Representatives to the JCIC, dated
March 20, 2002, on procedures for using ground transportation
vehicles for transportation of cargo consisting of equipment
and supplies to and from the monitored facility at Votkinsk
and the text of the U.S. letter and the official translation
of the letter signed by the Representative of the Russian
Federation. Paragraph 5 contains the text of letters that
were also signed on October 20, 2009, that reflect the U.S.
and Russian Federation agreement on procedures for settlement
of accounts for activities conducted at the monitored
facility at Votkinsk upon expiration of the START Treaty.
Paragraph 5 also contains the text of the U.S. letter and the
official translation of the letter signed by the
Representative of the Russian Federation. Paragraph 6
contains the text of letters that were also signed on October
20, 2009, that reflect a broader agreement between the United
States and the Russian Federation on procedures for
settlement of accounts for other START Treaty-related
activity upon expiration of the Treaty.
4. Begin text (JCIC Agreement 56):
JOINT COMPLIANCE AND INSPECTION COMMISSION
AGREEMENT NUMBER 56
RELATING TO THE TREATY BETWEEN
THE UNITED STATES OF AMERICA AND
THE UNION OF SOVIET SOCIALIST REPUBLICS
ON THE REDUCTION AND LIMITATION
OF STRATEGIC OFFENSIVE ARMS
OF JULY 31, 1991
PRINCIPLES AND PROCEDURES
FOR COMPLETION OF CONTINUOUS MONITORING ACTIVITIES
AT THE MONITORED FACILITY AT VOTKINSK
The Government of the Republic of Belarus, the
Government of the Republic of Kazakhstan, the Government of
the Russian Federation, the Government of Ukraine, and the
Government of the United States of America, hereinafter
referred to as the Parties,
In accordance with the Treaty between the United States
of America and the Union of Soviet Socialist Republics on the
Reduction and Limitation of Strategic Offensive Arms of July
31, 1991, hereinafter referred to as the Treaty,
To improve the viability and effectiveness of the
Protocol on Inspections and Continuous Monitoring Activities
Relating to the Treaty, hereinafter referred to as the
Inspection Protocol,
Have agreed as follows:
Article One
The following provisions shall constitute Annex 16 to
the Inspection Protocol:
"ANNEX 16
PRINCIPLES AND PROCEDURES FOR COMPLETION OF
CONTINUOUS MONITORING ACTIVITIES CONDUCTED PURSUANT
TO PARAGRAPH 14 OF ARTICLE XI OF
THE TREATY AT THE MONITORED FACILITY AT VOTKINSK
I. General Provisions.
The Parties agree that for the purpose of completing
continuous monitoring activities conducted pursuant to
paragraph 14 of Article XI of the Treaty at the monitored
facility at Votkinsk, no later than the date of expiration of
the Treaty, or no later than the date the Treaty is
superseded by a subsequent agreement pursuant to paragraph 2
of Article XVII of the Treaty, whichever is earlier, the
following shall be carried out:
(a) The monitoring team leader shall provide the
in-country escort with an official written continuous
monitoring report for that month in the language of the
inspecting Party, signed by the monitoring team leader and a
member of the in-country escort, along with an unofficial
translation of the report in the language of the inspected
Party. This report shall have the same content as the report
provided for in paragraph 2 of Section XVIII of the
Inspection Protocol. Each Party shall retain one copy of the
report.
(b) The monitoring team at the monitored facility at
Votkinsk shall cease its continuous monitoring activity and
depart the territory of the inspected Party.
(c) The inspecting Party shall ensure that the
buildings, structures, equipment, supplies, and other
property located at the monitored facility at Votkinsk,
included in the list noted in Section III of this Annex, are
dismantled if necessary and are removed from the territory of
the inspected Party and from the territory of the transit
State Party to the Treaty, or are transferred or returned to
the inspected Party in accordance with this Annex.
II. Procedures for Completion of Continuous Monitoring
Activities Conducted Pursuant to Paragraph 14 of Article XI
of the Treaty at the Monitored Facility at Votkinsk.
1. Provision of logistical, transportation, and other
support shall consist of the following:
(a) The inspected Party shall provide, at the request of
the inspecting Party, support and assistance for the
completion of continuous monitoring activities conducted
pursuant to paragraph 14 of Article XI of the Treaty at the
monitored facility at Votkinsk. Such support and assistance
shall include:
(i) provision of surface handling and other equipment
needed for the dismantlement, packing, removal, and transport
of structures, equipment, supplies, and other property from
the monitored facility at Votkinsk;
(ii) provision of materials needed for packing and
preparing for the transport of structures, equipment,
supplies, and other property from the monitored facility at
Votkinsk. The procedure for providing these materials shall
be determined by agreement between the monitoring team leader
and the in-country escort;
(iii) provision of ground transportation vehicles and
related services needed for the transport of structures,
equipment, supplies, and other property to and from the
monitored facility at Votkinsk; and
(iv) other support and assistance to be agreed between the
monitoring team leader and the in-country escort.
(b) The inspecting Party shall have the right to
deliver to the monitored facility at Votkinsk structures,
equipment, supplies, and other property that are necessary
for the completion of continuous monitoring activities
conducted pursuant to paragraph 14 of Article XI of the
Treaty at that facility. Such additional structures,
equipment, supplies, and other property shall be removed by
the inspecting Party from the territory of the inspected
Party no later than the date of expiration of the Treaty, or
no later than the date the Treaty is superseded by a
subsequent agreement pursuant to paragraph 2 of Article XVII
of the Treaty, whichever is earlier.
(c) Ground transportation vehicles and related services
provided by the inspected Party pursuant to subparagraph
1(a)(iii) of this Section shall be provided in accordance
with the provisions contained in the Letters of the
Representatives to the JCIC on the Procedures for Using
Ground Transportation Vehicles for the Transportation of
Cargo Consisting of Equipment and Supplies to or from the
Monitored Facility at Votkinsk, dated March 20, 2002, and the
Attachment thereto, as well as the Letters of the
Representatives to the JCIC dated June 7, 2005, and October
20, 2009, hereinafter referred to as the Letters of the
Representatives to the JCIC.
(d) Ground transportation vehicles transporting
structures, equipment, supplies, and other property from the
monitored facility at Votkinsk, pursuant to subparagraph
1(a)(iii) of this Section, shall depart the territory of the
Republic of Belarus no later than the date of expiration of
the Treaty, or no later than the date the Treaty is
superseded by a subsequent agreement pursuant to paragraph 2
of Article XVII of the Treaty, whichever is earlier.
(e) The inspecting Party shall have the right to
conduct flights of inspection airplanes to deliver to, or
remove from, the monitored facility at Votkinsk, monitors, as
well as structures, equipment, supplies, and other property
associated with the completion of continuous monitoring
activities at that facility. Such flights shall be conducted
into the airport associated with the monitored facility and
shall be conducted in accordance with paragraph 4 of Section
IV of the Inspection Protocol.
(f) The inspected Party shall examine structures,
equipment, supplies, and other property to be removed from
the monitored facility at Votkinsk. This examination shall
be conducted by the in-country escort and technical experts
of the inspected Party when such items are being dismantled
and prepared for transport to the territory of the inspecting
Party. Monitors shall be permitted to be present during such
examinations.
2. Notifications provided in connection with the activities
provided for in this Annex:
(a) The inspecting Party shall provide to the inspected
Party a notification containing a request for the support or
assistance provided for in subparagraphs 1(a)(i) and 1(a)(iv)
of this Section, no less than 10 days prior to the date
specified in the request for such support or assistance. The
inspected Party shall respond to such a request no less than
5 days prior to the date specified in the request for such
support or assistance. The Parties shall provide the
notifications specified in this subparagraph through the
Nuclear Risk Reduction Centers of the Russian Federation and
the United States of America and through the National Agency
for Verification and Inspections of the Republic of Belarus,
using format number 144 ("Notification of Additional START
Message").
(b) Notifications concerning the provision of ground
transportation vehicles and related services, pursuant to
subparagraph 1(a)(iii) of this Section, shall be exchanged by
the Parties in accordance with the Letters of the
Representatives to the JCIC.
(c) The inspecting Party shall provide to the inspected
Party notification of an intention to conduct flights of
inspection airplanes pursuant to subparagraph 1(e) of this
Section. This notification, which shall be provided in
addition to the notifications specified in paragraphs 17 and
18 of Section III of the Inspection Protocol, shall be
provided no less than 10 days prior to the date of arrival of
the airplane at the airport associated with the monitored
facility at Votkinsk. This notification shall include a
detailed listing of the additional structures, equipment,
supplies, and other property intended for delivery to the
monitored facility at Votkinsk. This notification shall also
include information specified in paragraph 17 of Section III
of the Inspection Protocol. The information provided in this
notification shall be updated in subsequent notifications
provided by the inspected Party in accordance with paragraphs
17 and 18 of Section III of the Inspection Protocol. The
inspecting Party shall provide the notification specified in
this subparagraph through the Nuclear Risk Reduction Centers
of the Russian Federation and the United States of America
and through the National Agency for Verification and
Inspections of the Republic of Belarus, using format number
144 ("Notification of Additional START Message").
3. In addition to the provisions of paragraph 22 of Section
V of the Inspection Protocol, the monitoring team leader and
the in-country escort may, by agreement, arrange meetings
between representatives of the mass media, monitors, and
personnel of the inspected Party engaged in activities
related to the completion of continuous monitoring activities
conducted pursuant to paragraph 14 of Article XI of the
Treaty both at the monitored facility at Votkinsk and the
point of entry. Such meetings shall be arranged so as not to
interfere with the completion of continuous monitoring
activities.
4. Structures, equipment, supplies, and other property shall
be transferred or returned using the following procedures:
(a) The inspecting Party shall transfer to the
inspected Party all structures, equipment, supplies, and
other property used by the inspecting Party at the monitored
facility at Votkinsk that the inspecting Party does not
remove from the territory of the inspected Party at the
completion of continuous monitoring activities. Such
structures, equipment, supplies, and other property may
include those items that the inspected Party provided at the
request and expense of the inspecting Party or structures,
equipment, supplies, and other property that the inspecting
Party provided at its own expense at the monitored facility
at Votkinsk. The inspecting Party shall transfer such
structures, equipment, supplies, and other property to the
inspected Party, in a condition that is safe and suitable for
further use, no later than the date of expiration of the
Treaty, or no later than the date the Treaty is superseded by
a subsequent agreement pursuant to paragraph 2 of Article
XVII of the Treaty, whichever is earlier.
(b) The inspecting Party shall ensure that the
buildings used by the monitoring team at the monitored
facility at Votkinsk under the Treaty that were originally
constructed by the inspected Party and first used by the
inspecting Party under the Treaty Between the United States
of America and the Union of Soviet Socialist Republics on the
Elimination of Their Intermediate-Range and Shorter-Range
Missiles of December 8, 1987, which include the monitoring
team headquarters ("Roosevelt Building"), the building for
storage of equipment and supplies ("warehouse"), and the
buildings used by the monitors for permanent lodging and
workspace ("Washington Building," "Jefferson Building," and
"Lincoln Building") are returned to the inspected Party in a
condition that is suitable for further operation. The
inspecting Party shall return these buildings to the
inspected Party no later than the date of expiration of the
Treaty, or no later than the date the Treaty is superseded by
a subsequent agreement pursuant to paragraph 2 of Article
XVII of the Treaty, whichever is earlier.
5. The inspected Party shall not exact taxes, levies,
apportionments, or other payments on the value of the
following buildings, structures, equipment, supplies, and
other property in connection with the completion of
continuous monitoring activities at the monitored facility at
Votkinsk in accordance with this Annex:
(a) structures, equipment, supplies, and other property
of the inspecting Party that are transferred to the inspected
Party pursuant to Section I of this Annex and subparagraph
4(a) of this Section;
(b) buildings that are returned to the inspected Party
pursuant to Section I of this Annex and subparagraph 4(b) of
this Section; and
(c) structures, equipment, supplies, and other property
of the inspecting Party that are removed from the territory
of the inspected Party pursuant to Section I of this Annex.
6. The Parties understand that equipment, supplies, and
other property controlled by the "dual key" system at the
monitored facility at Votkinsk shall be returned to the
territory of the inspecting Party, unless otherwise agreed by
the monitoring team leader and the in-country escort.
7. The financial responsibilities of the Parties shall
consist of the following:
(a) Unless stipulated otherwise in this Annex, the
inspecting Party shall bear the cost of goods and services
provided by the inspected Party at the request of the
inspecting Party in connection with the completion of
continuous monitoring activities conducted pursuant to
paragraph 14 of Article XI of the Treaty at the monitored
facility at Votkinsk.
(b) Unless stipulated otherwise in this Annex, the
inspected Party and the inspecting Party shall use the
procedures set forth in Annex 14 to the Inspection Protocol
to settle accounts in connection with costs incurred in
connection with the completion of continuous monitoring
activities conducted pursuant to paragraph 14 of Article XI
of the Treaty at the monitored facility at Votkinsk.
(c) The inspected Party shall bear the costs associated
with structures, equipment, supplies, and other property of
the inspecting Party that are transferred to the inspected
Party after the completion of continuous monitoring
activities pursuant to Section I of this Annex and
subparagraph 4(a) of this Section.
(d) The inspected Party shall bear the costs associated
with buildings that are returned to the inspected Party after
the completion of continuous monitoring activities pursuant
to Section I of this Annex and subparagraph 4(b) of this
Section.
(e) The Parties shall use the procedures set forth in
the Letters of the Representatives to the JCIC to settle
accounts for costs incurred in connection with the provision
of ground transportation vehicles and related services
pursuant to subparagraph 1(a)(iii) of this Section.
(f) The inspected Party and the inspecting Party shall
agree on arrangements, based on the provisions of Annex 14 to
the Inspection Protocol, for the settlement of accounts
remaining after the date of expiration of the Treaty or after
the date the Treaty is superseded by a subsequent agreement
pursuant to paragraph 2 of Article XVII of the Treaty,
whichever is earlier.
(g) The monitoring team leader and the in-country
escort shall develop procedures on-site for keeping a record
of goods and services that are provided by the inspected
Party at the request of the inspecting Party pursuant to the
provisions of this Annex.
III. List of Buildings, Structures, Equipment, Supplies, and
Other Property.
1. The monitoring team leader, together with the in-country
escort, shall develop a list, in two copies, one for the
inspecting Party and one for the inspected Party, consisting
of three sections, of buildings, structures, equipment,
supplies and other property used by the monitoring team at
the monitored facility at Votkinsk.
2. Structures, equipment, supplies, and other property of
the inspecting Party that are to be removed from the
territory of the inspected Party pursuant to Section I of
this Annex shall be included in the first section of the list
developed pursuant to paragraph 1 of this Section.
3. Structures, equipment, supplies, and other property of
the inspecting Party that are to be transferred to the
inspected Party pursuant to Section I and subparagraph 4(a)
of Section II of this Annex shall be included in the second
section of the list developed pursuant to paragraph 1 of this
Section.
4. The buildings that are to be returned to the inspected
Party pursuant to Section I and subparagraph 4(b) of Section
II of this Annex shall be included in the third section of
the list developed pursuant to paragraph 1 of this Section.
Article Two
1. In subparagraph 1(a) of Section I of Annex 14 to the
Inspection Protocol, the words and punctuation "Inspection
Protocol; and" shall be superseded by the words and
punctuation "Inspection Protocol;".
2. In subparagraph 1(b) of Section I of Annex 14 to the
Inspection Protocol, the words and punctuation "Annex 5 to
the Telemetry Protocol." shall be superseded by the words and
punctuation "Annex 5 to the Telemetry Protocol; and".
3. The following provision shall constitute subparagraph
1(c) of Section I of Annex 14 to the Inspection Protocol:
"(c) the costs of goods and services associated with the
implementation of Annex 16 to the Inspection Protocol."
4. In subparagraph 12(a) of Section I of Annex 14 to the
Inspection Protocol, the words "On-Site Inspection Agency of
the United States of America" shall be superseded by the
words "Defense Threat Reduction Agency of the United States
of America."
Article Three
The following provisions shall constitute paragraph 19
of Section II of Annex 14 to the Inspection Protocol:
"19. Support and assistance associated with the completion
of continuous monitoring activities conducted pursuant to
paragraph 14 of Article XI of the Treaty at the monitored
facility at Votkinsk:
(a) Surface handling and other equipment needed for the
dismantlement, packing, removal, and transport of structures,
equipment, supplies, and other property from the monitored
facility at Votkinsk:
(i) type of equipment;
(ii) number of items of equipment of each type;
(iii) dates on which the equipment was provided;
(iv) number of hours for which such equipment
was provided; and
(v) estimated cost of the use of such equipment
per unit of time.
(b) Materials needed for packing and preparing for the
transport of structures, equipment, supplies, and other
property from the monitored facility at Votkinsk:
(i) description and quantity of the materials
provided; and
(ii) estimated cost of the materials (for each
unit).
(c) Other goods and services provided by the inspected
Party at the request of the inspecting Party:
(i) description of the service provided;
(ii) dates on which the service was provided;
(iii) estimated cost of each service;
(iv) payments, if any, made when the service
was provided;
(v) description of equipment provided;
(vi) number of items of equipment of each type;
(vii) number of hours for which such equipment
was provided; and
(viii) estimated cost of the use of such equipment
per unit of time (per day or per hour)."
Article Four
1. This Agreement shall enter into force on the day when the
United States of America, the Republic of Belarus, the
Republic of Kazakhstan, the Russian Federation, and Ukraine
have consented to be bound by this Agreement and shall remain
in force as long as the Treaty remains in force.
2. Signature of this Agreement for the Government of a Party
shall express the consent of that Party to be bound by this
Agreement. The consent of the Republic of Belarus, the
Republic of Kazakhstan, and Ukraine to be bound by this
Agreement shall be expressed by their Governments in
accordance with paragraph 6 of Annex 1 to the Protocol on the
Joint Compliance and Inspection Commission Relating to the
Treaty, hereinafter referred to as the JCIC Protocol.
3. This Agreement shall be temporarily observed by the
United States of America and the Russian Federation pursuant
to paragraph 7 of Annex 1 to the JCIC Protocol from the date
of its signature until this Agreement enters into force.
IN WITNESS WHEREOF the undersigned, being duly authorized by
their respective Governments, have signed this Agreement.
DONE at Geneva, Switzerland, on October 20, 2009, in five
originals, each in the English and Russian languages, both
texts being equally authentic.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
FOR THE GOVERNMENT OF THE RUSSIAN FEDERATION
SIGNED
End text.
4. Begin text (Letters on Ground Transportation):
Geneva, Switzerland
October 20, 2009
Mr. Sergey M. Koshelev
Representative of the Government of the
Russian Federation to the Joint Compliance
and Inspection Commission
Dear Mr. Representative:
In connection with the Letters of the Representatives to
the Joint Compliance and Inspection Commission dated March
20, 2002, on the Procedures for Using Ground Transportation
Vehicles for the Transportation of Cargo Consisting of
Equipment and Supplies to or from the Monitored Facility at
Votkinsk and the Attachment thereto, and the Letters of the
Representatives to the Joint Compliance and Inspection
Commission dated June 7, 2005, on such procedures,
hereinafter referred to in the aggregate as the Agreement, on
behalf of the Government of the United States of America, I
have the honor to accept the letter of today's date to
conclude an agreement on this issue, whose principal
provisions are set forth below.
In connection with the completion of continuous
monitoring activities conducted pursuant to paragraph 14 of
Article XI of the Treaty Between the United States of America
and the Union of Soviet Socialist Republics on the Reduction
and Limitation of Strategic Offensive Arms of July 31, 1991,
at the monitored facility at Votkinsk in accordance with the
provisions of Annex 16 to the Protocol on Inspections and
Continuous Monitoring Activities Relating to the Treaty,
hereinafter referred to as the Inspection Protocol, the
Russian Federation, the Republic of Belarus, and the United
States of America shall continue to fully implement the
provisions of the Agreement until all ground transportation
vehicles transporting cargo consisting of structures,
equipment, supplies, and other property from the monitored
facility at Votkinsk have departed from the monitored
facility, arrived at and departed from the point of departure
of the cargo, and have returned to the territory of the
Russian Federation.
With respect to potential "points of departure of the
cargo," the Government of the Russian Federation proposes the
following changes to the Agreement:
1. For paragraphs 3, 4, and 5 of the Attachment to the
Letters of the Representatives to the Joint Compliance and
Inspection Commission dated March 20, 2002, on the Procedures
for Using Ground Transportation Vehicles for the
Transportation of Cargo Consisting of Equipment and Supplies
to or from the Monitored Facility at Votkinsk, the words
"point of departure of the cargo at Frankfurt am Main or
Darmstadt" shall be superseded by the words "point of
departure of the cargo at Frankfurt am Main, Darmstadt, or
Kaiserslautern."
2. For paragraph 11 of the Attachment to the Letters of
the Representatives to the Joint Compliance and Inspection
Commission dated March 20, 2002, on the Procedures for Using
Ground Transportation Vehicles for the Transportation of
Cargo Consisting of Equipment and Supplies to or from the
Monitored Facility at Votkinsk, the words "Frankfurt am Main
or Darmstadt" shall be superseded by the words "Frankfurt am
Main, Darmstadt, or Kaiserslautern."
This reply, together with your letter, shall constitute
an agreement between our Governments, which shall enter into
force on the date of the exchange of our letters and shall
remain in force until all ground transportation vehicles
transporting cargo from the monitored facility at Votkinsk
have returned to the territory of the Russian Federation.
This agreement may be terminated 12 months after notification
to that effect by one of the Parties to the agreement.
Please accept, Mr. Representative, the assurances of my
highest consideration.
SIGNED
Jerry A. Taylor
Representative of the
United States of America
to the Joint Compliance and
Inspection Commission
Official Translation
Geneva, Switzerland
October 20, 2009
Jerry A. Taylor
Representative of the
United States of America
to the Joint Compliance and
Inspection Commission
Dear Mr. Representative:
In connection with the Letters of the Representatives to
the Joint Compliance and Inspection Commission dated March
20, 2002, on the Procedures for Using Ground Transportation
Vehicles for the Transportation of Cargo Consisting of
Equipment and Supplies to or from the Monitored Facility at
Votkinsk and the Attachment thereto, and the Letters of the
Representatives to the Joint Compliance and Inspection
Commission dated June 7, 2005, on such procedures,
hereinafter referred to in the aggregate as the Agreement, on
behalf of the Government of the Russian Federation, I have
the honor to propose the following.
The Russian Federation understands that, in connection
with the completion of continuous monitoring activities
conducted pursuant to paragraph 14 of Article XI of the
Treaty Between the Union of Soviet Socialist Republics and
the United States of America on the Reduction and Limitation
of Strategic Offensive Arms of July 31, 1991, at the
monitored facility at Votkinsk in accordance with the
provisions of Annex 16 to the Protocol on Inspections and
Continuous Monitoring Activities Relating to the Treaty,
hereinafter referred to as the Inspection Protocol, the
Russian Federation, the Republic of Belarus, and the United
States of America shall continue to fully implement the
provisions of the Agreement until all ground transportation
vehicles transporting cargo consisting of structures,
equipment, supplies, and other property from the monitored
facility at Votkinsk have departed from the monitored
facility, arrived at and departed from the point of departure
of the cargo, and have returned to the territory of the
Russian Federation.
With respect to potential "points of departure of the
cargo," I have the honor on behalf of the Government of the
Russian Federation, to propose the following changes to the
Agreement:
1. For paragraphs 3, 4, and 5 of the Attachment to the
Letters of the Representatives to the Joint Compliance and
Inspection Commission dated March 20, 2002, on the Procedures
for Using Ground Transportation Vehicles for the
Transportation of Cargo Consisting of Equipment and Supplies
to or from the Monitored Facility at Votkinsk, the words
"point of departure of the cargo at Frankfurt am Main or
Darmstadt" shall be superseded by the words "point of
departure of the cargo at Frankfurt am Main, Darmstadt, or
Kaiserslautern."
2. For paragraph 11 of the Attachment to the Letters of
the Representatives to the Joint Compliance and Inspection
Commission dated March 20, 2002, on the Procedures for Using
Ground Transportation Vehicles for the Transportation of
Cargo Consisting of Equipment and Supplies to or from the
Monitored Facility at Votkinsk, the words "Frankfurt am Main
or Darmstadt" shall be superseded by the words "Frankfurt am
Main, Darmstadt, or Kaiserslautern."
If the foregoing is acceptable, this letter, together
with your reply, shall constitute an agreement between our
Governments, which shall enter into force on the date of the
exchange of our letters and shall remain in force until all
ground transportation vehicles transporting cargo from the
monitored facility at Votkinsk have returned to the territory
of the Russian Federation. This agreement may be terminated
12 months after notification to that effect by one of the
Parties to the agreement.
Please accept, Mr. Representative, the assurances of my
highest consideration.
SIGNED
Sergey M. Koshelev
Representative of the Russian
Federation to the Joint
Compliance and Inspection
Commission
End text.
5. Begin text (Letters on Procedures for Settlement of
Accounts-Votkinsk):
Geneva, Switzerland
October 20, 2009
Mr. Sergey M. Koshelev
Representative of the Government of the
Russian Federation to the Joint Compliance
and Inspection Commission
Dear Mr. Representative:
With respect to the settlement of accounts associated
with the completion of continuous monitoring activities
conducted pursuant to paragraph 14 of Article XI of the
Treaty Between the United States of America and the Union of
Soviet Socialist Republics on the Reduction and Limitation of
Strategic Offensive Arms, hereinafter referred to as the
Treaty, at the monitored facility at Votkinsk, following the
expiration of the Treaty or its supersession by a subsequent
agreement pursuant to paragraph 2 of Article XVII of the
Treaty, whichever is earlier, I have the honor to accept on
behalf of the Government of the United States of America the
proposal set forth in your letter of today's date to conclude
an agreement on this issue, whose principal provisions are
set forth below.
Under this agreement, our Governments would agree that,
upon the expiration of the Treaty or its supersession by a
subsequent agreement pursuant to paragraph 2 of Article XVII
of the Treaty, whichever is earlier, the accounts for goods
and services provided within the framework of arrangements
carried out by representatives of either Government in
connection with the completion of continuous monitoring
activities conducted pursuant to paragraph 14 of Article XI
of the Treaty at the monitored facility at Votkinsk, shall be
settled on the basis of the provisions contained in Annex 14
and Annex 16 to the Protocol on Inspections and Continuous
Monitoring Activities Relating to the Treaty, hereinafter
referred to as the Inspection Protocol. Our Governments
would further agree that additional arrangements consistent
with the provisions contained in Annex 14 and Annex 16 to the
Inspection Protocol may be agreed upon by our
representatives, as necessary, to ensure the effective
implementation of this agreement.
This reply, together with your letter, shall constitute
an agreement between the Government of the United States of
America and the Government of the Russian Federation, which
shall enter into force on the expiration or supersession of
the Treaty, pursuant to paragraph 2 of Article XVII of the
Treaty, whichever is earlier, and shall remain in force until
all accounts associated with the completion of continuous
monitoring activities at the monitored facility at Votkinsk
have been settled.
Please accept, Mr. Representative, the assurances of my
highest consideration.
SIGNED
Jerry A. Taylor
Representative of the
United States of America
to the Joint Compliance and
Inspection Commission
Official Translation
Geneva, Switzerland
October 20, 2009
Jerry A. Taylor
Representative of the
United States of America
to the Joint Compliance and
Inspection Commission
Dear Mr. Representative:
On behalf of the Government of the Russian Federation, I
have the honor to propose an agreement between our
Governments on the settlement of accounts in connection with
the conclusion of continuous monitoring activities conducted
pursuant to paragraph 14 of Article XI of the Treaty Between
the Union of Soviet Socialist Republics and the United States
of America on the Reduction and Limitation of Strategic
Offensive Arms, hereinafter referred to as the Treaty,
following the expiration of the Treaty or its supersession by
a subsequent agreement pursuant to paragraph 2 of Article
XVII of the Treaty, whichever is earlier.
The Russian Federation suggests that, following the
expiration of the Treaty or its supersession by a subsequent
agreement pursuant to paragraph 2 of Article XVII of the
Treaty, whichever is earlier, statements for goods and
services, provided within the framework of measures
implemented by representatives of either Party in connection
with the completion of continuous monitoring activities
conducted pursuant to paragraph 14 of Article XI of the
Treaty at the monitored facility at Votkinsk, be settled on
the basis of the provisions of Annex 14 and Annex 16 to the
Protocol on Inspections and Continuous Monitoring Activities
Relating to the Treaty, hereinafter referred to as the
E
Inspection Protocol. Further, the Russian Federation
suggests that additional measures conforming to the
provisions of Annex 14 and Annex 16 to the Inspection
Protocol be agreed upon, as necessary, by our representatives
to provide for the effective realization of this agreement.
If the foregoing is acceptable, this letter, together
with your reply, shall constitute an agreement between the
Government of the Russian Federation and the Government of
the United States, which shall enter into force on the
expiration or supersession of the Treaty, pursuant to
paragraph 2 of Article XVII of the Treaty, whichever is
earlier, and shall remain in force until all accounts
associated with the completion of continuous monitoring
activities at the monitored facility at Votkinsk.
Please accept, Mr. Representative, the assurances of my
highest consideration.
SIGNED
Sergey M. Koshelev
Representative of the Russian
Federation to the Joint
Compliance and Inspection
Commission
End text.
6. Begin text (Letters on Settlement of Accounts-General):
Geneva, Switzerland
October 20, 2009
Mr. Sergey M. Koshelev
Representative of the Government of the
Russian Federation to the Joint Compliance
and Inspection Commission
Dear Mr. Representative:
On behalf of the Government of the United States, I have
the honor to propose an agreement between our Governments on
the settlement of accounts in connection with the Treaty
Between the United States of America and the Union of Soviet
Socialist Republics on the Reduction and Limitation of
Strategic Offensive Arms, hereinafter referred to as the
Treaty, following the expiration of the Treaty or its
supersession by a subsequent agreement pursuant to paragraph
2 of Article XVII of the Treaty, whichever is earlier.
Under this agreement, our Governments would agree that,
following the expiration of the Treaty or its supersession,
the provisions contained in Annex 14 to the Protocol on
Inspections and Continuous Monitoring Activities Relating to
the Treaty, hereinafter referred to as the Inspection
Protocol, as modified by the provisions of Annex 16 to the
Inspection Protocol, shall serve as the basis for the
settlement of accounts for goods and services in connection
with:
(a) the costs of goods and services borne by the
inspecting Party pursuant to paragraph 13 of Section IV of
the Inspection Protocol;
(b) the costs of goods and services associated with the
purchase of tapes and the copying of telemetric information
onto such tapes pursuant to the Thirty-fifth Agreed Statement
in the Annex to the Treaty on Agreed Statements, with the
providing of training, maintenance, service, spare parts, and
replacement parts relating to telemetry equipment pursuant to
paragraph 7 of Section I and paragraph 8 of Section II of
Annex 1 to the Telemetry Protocol, and subparagraphs 4(d) and
4(e) and paragraph 6 of Annex 4 to the Telemetry Protocol,
and with the implementation of Section III of Annex 5 to the
Telemetry Protocol; and
(c) the costs of goods and services borne by the
inspected Party pursuant to paragraph 18 of Section V,
paragraph 13 of Section IV (that pertains to parking and
security protection for inspection airplanes at the point of
entry) and subparagraph 19(a) of Section V (that pertains to
transportation of monitors at the point of entry) of the
Inspection Protocol that are reimbursed by the United States
of America in accordance with the statements of policy
concerning reimbursement of inspection costs exchanged by the
Governments of the United States of America, Republic of
Belarus, Republic of Kazakhstan, and Ukraine on February 3,
1995, in Geneva, Switzerland.
Our Governments would further agree that additional
arrangements consistent with the provisions contained in
Annex 14 and Annex 16 to the Inspection Protocol may be
agreed upon by our representatives, as necessary, to ensure
the effective implementation of this agreement.
If the foregoing is acceptable, this letter together
with your reply shall constitute an agreement between our
Governments, which shall enter into force on the date of the
expiration or supersession of the Treaty, pursuant to
paragraph 2 of Article XVII of the Treaty, whichever is
earlier, and shall remain in force until all accounts related
to the Treaty have been settled.
Please accept, Mr. Representative, the assurances of my
highest consideration.
SIGNED
Jerry A. Taylor
U.S. Representative to the
Joint Compliance and
Inspection Commission
Official Translation
Geneva, Switzerland
October 20, 2009
Jerry A. Taylor
Representative of the
United States of America
to the Joint Compliance and
Inspection Commission
Dear Mr. Representative:
With respect to the settlement of accounts associated
with the Treaty Between the Union of Soviet Socialist
Republics and the United States of America on the Reduction
and Limitation of Strategic Offensive Arms, hereinafter
referred to as the Treaty, following the expiration of the
Treaty or its supersession by a subsequent agreement pursuant
to paragraph 2 of Article XVII of the Treaty, whichever is
earlier, I have the honor to accept on behalf of the
Government of the Russian Federation the proposal set forth
in your letter of today's date to conclude an agreement on
this issue, whose principal provisions are set forth below.
Upon the expiration of the Treaty or its supersession by
a subsequent agreement, the provisions of Annex 14 to the
Protocol on Inspections and Continuous Monitoring Activities
Relating to the Treaty, hereinafter referred to as the
Inspection Protocol and modified by the provisions of Annex
16 to the Inspection Protocol, will serve as the basis for
the settlement of accounts for goods and services, associated
with:
(a) the costs of goods and services borne by the
Inspecting Party in accordance with Section IV, paragraph 13
of the Inspection Protocol;
(b) the costs of goods and services, associated with the
purchase of tapes and the copying of telemetric information
onto such tapes in accordance with the Thirty-fifth Agreed
Statement of the Annex to the Treaty "Agreed Statements",
with services related to training, support, maintenance, and
delivery of spare parts and replacement parts as relating to
telemetric equipment in accordance with paragraph 7 of
Section I and paragraph 8 of Section II of Annex 1 to the
Telemetry Protocol, and subparagraphs 4(d) and 4(e) and
paragraph 6 of Annex 4 to the Telemetry Protocol and in
connection with the execution of Section III of Annex 5 to
the Telemetry Protocol; and
(c) expenses, associated with goods and services, borne
by the Inspecting Party pursuant to paragraph 18 of Section
V, paragraph 13 of Section IV (as concerns parking and
security of inspection airplanes at the point of entry) and
subparagraph 19(a) of Section V (as concerns providing
monitors with transportation while monitors are at the point
of entry) of the Inspection Protocol, which are reimbursed by
the U.S. in accordance with statements regarding policy
concerning the reimbursement of expenditures for inspections,
which were exchanged by the Government of the U.S., the
Republic of Belarus, the Republic of Kazakhstan, and Ukraine
February 3, 1995, in Geneva, Switzerland.
To ensure the effective implementation of this
agreement, additional agreements may be reached, as
necessary, by our representatives, in accordance with the
provisions contained in Annex 14 and Annex 16 to the
Inspection Protocol.
This reply, together with your letter, shall constitute
an agreement between our Governments, which shall enter into
force on the expiration or supersession of the Treaty,
pursuant to paragraph 2 of Article XVII of the Treaty,
whichever is earlier, and shall remain in force until all
accounts associated with the Treaty have been settled.
Please accept, Mr. Representative, the assurances of my
highest consideration.
.
SIGNED
Sergey M. Koshelev
Representative of the Russian
Federation to the Joint
Compliance and Inspection
Commission
End text
7. Gottemoeller sends.
GRIFFITHS
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