ARTICLE-BY-ARTICLE ANALYSIS OF THE RELATED AGREEMENTS STRUCTURE AND OVERVIEW OF THE RELATED AGREEMENTS
bbbbb Associated with the START Treaty are four related separate agreements, signed by the U.S. Secretary of State and the Soviet Foreign Minister. The first three separate agreements, all signed in Moscow on July 31, 1991, include an agreement on the early exhibition of strategic offensive arms; an agreement on early exchange of lists of inspectors, monitors and aircrew members; and an agreement on the exchange of geographic coordinates and site diagrams. The fourth separate agreement, signed at Jackson Hole, Wyoming on September 23, 1989, is an agreement on the advance notification of major strategic exercises.
bbbbb The Agreement on Early Exhibitions of Strategic Offensive Arms (Agreement) consists of a preamble and seven Articles. The Agreement establishes the procedures by which the Parties will arrange and conduct exhibitions and inspections as required by paragraphs 11 and 12 of Article XI of the Treaty and Section XIV and XV of the Inspection Protocol prior to entry into force of the Treaty. Each Party needs to conduct such early exhibitions and inspections specified in the cited provisions in order to ensure the ability to begin accurate and reliable inspections in a timely manner after entry into force. (Items subject to exhibition under the Treaty that are not exhibited during early exhibitions, for whatever reason, must be exhibited after entry into force. For example, if the Treaty enters into force within 240 days after signature, and certain items subject to exhibition under the Treaty are not exhibited during early exhibitions, then those must be exhibited after entry into force. Alternatively, if entry into force were to be delayed, new systems developed between the early exhibition and entry into force would also have to be exhibited.)
bbbbb Article I and Article II work together to provide that inspections and exhibitions provided for in paragraphs 11 and 12 of Article XI of the Treaty are completed no later than 240 days after signature of the Treaty. Article II further provides that each Party shall conduct these exhibitions and inspections according to the procedures provided for in the Inspection Protocol, except for special provisions provided for in Articles III and IV of this Agreement, as are discussed below. Inspection teams are limited to no more than 15 inspectors; unlike other inspection teams, which are generally limited to ten inspectors, inspection teams for early exhibitions and exhibitions during the baseline period allow for 15 inspectors because of the numbers and diversity of systems that might be exhibited.
bbbbb Articles III provides additional rules related to the provision of lists of inspectors and aircrew members. No less than 30 days prior to an exhibition, the inspecting Party must provide to the exhibiting Party (1) a list of no more than 25 proposed inspectors and (2) a list of no more than 25 proposed aircrew members. These lists will not fulfill the obligations set forth in the Agreement on the Early Exchange of Lists. However, a party may choose from lists presented in fulfillment of the Agreement on Early Exchange of Lists for the purposes of exhibitions conducted under this agreement. The specific information required for the lists is set forth. Article III also establishes that an exhibiting Party must notify an inspecting Party, no less than 10 days prior to an exhibition, of its agreement with or objection to the inspectors and aircrew members identified on the list. Procedures for objecting are set forth in paragraph 6 of Section II of the Inspection Protocol. The exhibiting Party must provide the necessary travel documentation to the inspectors and aircrew members.
bbbbb Article IV stipulates that arrangements for air transportation shall be made in accordance with the provisions in Section IV of the Inspection Protocol, with two technical exceptions: (1) diplomatic clearance numbers and airplane routings must be provided no less than 30 days before each exhibition and (2) points of entry for early exhibitions and inspections shall be Washington, D.C., for the United States, and Moscow for the U.S.S.R.
bbbbb Article V stipulates that the exhibiting Party shall provide special protection for inspectors and aircrew members on its territory. This formula, drawn from one used during trial verification experiments, is necessary since inspectors and aircrew members cannot be given diplomatic immunity under this executive agreement, whereas inspectors and aircrew members are granted diplomatic immunity under the Treaty.
bbbbb Article VI limits the legal effect of this Agreement, by providing that it will not be construed to prejudice the rights of the Parties or to impose additional obligations, except as stated in Articles I and II of the Agreement.
bbbbb Article VII provides that the Agreement enters into force upon signature, and terminates upon completion of the exhibitions and inspections provided for within the Agreement. Information obtained during these exhibitions and inspections, and recorded in the inspection reports remains valid for discharging Treaty obligations even when this Agreement is terminated. The Agreement is not necessary once the Treaty enters into force because then the normal procedures for inspections and exhibitions, as set forth in the Treaty and Inspection Protocol, will apply.
bbbbbThe Agreement on The Early Exchange of Lists of Inspectors, Monitors, and Aircrew Members Proposed for Inspections and Continuous Monitoring Activities (Agreement) consists of a preamble and five Articles. The Agreement establishes the procedures by which the Parties will provide initial lists of inspectors, monitors, and aircrew members, as required by paragraph 1 of Section II of the Inspection Protocol. Each Party needs to exchange and approve lists of proposed inspectors, monitors, and aircrew members prior to entry into force of the Treaty because the initial inspections under the Treaty will take place beginning 45 days after entry into force, and there would not be sufficient time for lists to be approved if the Parties were to wait for entry into force to exchange and approve such lists.
bbbbb Article I provides for lists of proposed inspectors, monitors, and aircrew members to be exchanged on an agreed date no later than 30 days before entry into force of the Treaty. Unlike most implementation actions, which are assigned to the Joint Compliance and Inspection Commission (JCIC), the agreement on the date is to be made through diplomatic channels. This was done because this agreement was negotiated before the Parties decided on the early establishment of the JCIC.
bbbbb Article II provides rules for amending the lists exchanged pursuant to Article I, prior to entry into force of the Treaty. Each Party may change its lists only one time within any 21-day period beginning on the date of exchange of such lists. Each Party can propose adding up to 30 inspectors, 25 monitors, and 25 aircrew members to the lists. Note that these rules track with those in paragraph 4 of Section II of the Inspection Protocol for amending the lists after entry into force of the Treaty. Once the Treaty enters into force, these lists will constitute the initial lists provided for in paragraph 2 of Section II of the Inspection Protocol.
bbbbb Article III stipulates that the Nuclear Risk Reduction Centers will be used to exchange lists and amendments to lists.
bbbbb Article IV limits the legal effect of the Agreement, by providing that it will not be construed to prejudice the rights of the Parties or to impose additional obligations, except as stated in Articles I and II of the Agreement.
bbbbb Article V provides that the Agreement will enter into force upon signature and will terminate once the Treaty enters into force. The Agreement is not necessary once the Treaty enters into force because then the normal procedures for maintaining lists of inspectors, monitors, and aircrew members, as set forth in Section II of the Inspection Protocol, will be in effect.
ARTICLE-BY-ARTICLE ANALYSIS OF THE AGREEMENT ON EXCHANGE
bbbbb The Agreement on Exchange of Coordinates and Site Diagrams (Agreement) provides the geographic coordinates for facilities and locations declared in the Memorandum of Understanding, and site diagrams for the facilities that will be subject to inspection in accordance with the Treaty. While such information concerning U.S. facilities is normally unclassified, the Soviet Union wished to deny public access to geographic coordinates of its sensitive facilities. Therefore, the Parties have agreed to take steps to ensure that this Agreement will not be released to the public. Site diagrams are part of this agreement, and thus not made public, because they contain geographic coordinates. This Agreement includes the obligation to update the coordinates along with updates of other data in the Memorandum of Understanding. The text of this Agreement, along with its annexes, which list the geographic coordinates and site diagrams, has been provided to the Senate, and a classified analysis has been included.
bbbbbThe Agreement on Reciprocal Advance Notification of Major Strategic Exercises (Agreement) consists of a preamble and six Articles. The Agreement provides for each Party to give the other advance notification of one major strategic forces exercise that includes the participation of heavy bombers each year. This Agreement was signed on September 23, 1989, and was sent to the Congress under the Case Act shortly thereafter. It is included here because it is related to the START Treaty and because its inclusion will make it easier to understand the overall START regime. In particular, paragraph 2 of Article XIII of the main Treaty text sets forth a variety of provisions that apply to the exercises that are notified pursuant to this Agreement. (See Analysis of the main Treaty text above.)
bbbbb Article I provides that, on the basis of reciprocity, each Party will give the other Party no less than 14 days advance notice of the beginning of one major strategic forces exercise that includes the participation of heavy bomber aircraft to be held during each calendar year.
bbbbb Article II provides that the notifications will be sent through the Nuclear Risk Reduction Centers, and will be provided no less than 14 days prior to the beginning of the exercise.
Article III provides that the Parties will hold consultations to consider questions relating to the imple- mentation of the Agreement. Article III of the Agreement also provides for possible amendments to the Agreement aimed at furthering the implementation of its objectives. Consultations on major strategic exercises were held in the START negotiations, resulting in the provision of paragraph 2 of Article XIII. Further consultations could be held in the future should the Parties agree to them.
bbbbb Article IV provides that the Agreement will not affect the obligations of either Party under other agreements.
bbbbb Article V provides that the Agreement will be of unlimited duration, and that it may be terminated by either Party upon 12 months written notice.
bbbbb Article VI provides that the Agreement enters into force on January 1, 1990, with notifications pursuant to the Agreement commencing with the calendar year 1990.