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ARTICLE-BY-ARTICLE ANALYSIS OF THE MEMORANDUM ON ATTRIBUTION

The Memorandum on Attribution (MOA) consists of a Preamble and four Sections.

The MOA establishes the data base needed to record the following data:

The number of nuclear weapons for which each heavy bomber of a type and a variant of a type equipped for nuclear weapons is actually equipped;

The aggregate number of bomber weapons counted against the limits established in Article I of the Treaty;

The numbers and locations for heavy bombers reoriented to a conventional role and for heavy bombers subsequently returned to a nuclear role;

The differences observable to national technical means of verification for heavy bombers reoriented to a conventional role, and for heavy bombers reoriented to a conventional role that are subsequently returned to a nuclear role, which differentiate these two groups from each other and from heavy bombers of the same type and variant with nuclear roles that have never been reoriented;

The number and location of ICBMs and SLBMs downloaded by amounts greater than allowed by the START Treaty, or ICBMs and SLBMs downloaded without destruction of the re-entry vehicle platform;

The number and location of heavy ICBM silos converted to carry single-RV ICBMs; and The number of heavy ICBMs eliminated and remaining to be eliminated.

Only Treaty-related data that differ from the data in the START Memorandum of Understanding are included in this Memorandum on Attribution; the Parties chose this approach to avoid duplication.

Unlike past arms control treaties, such as the START Treaty and the INF Treaty, the START II Treaty included almost no preliminary data at the time of signing. Instead, the Parties agreed to exchange data 30 days after entry into force, with the data effective as of the date of entry into force. This was done for four reasons. First, there was no immediate need for the data since the limits of the START II Treaty will not take effect for seven years. Second, because many data categories were not agreed until a few days before signature, exchange of preliminary data at signature would have been impractical. Third, much of the data will not exist until specific Treaty actions are taken. Finally, the data exchange associated with the START Treaty provides much of the baseline information necessary to implement the START II Treaty.

The one exception to the foregoing is the number of nuclear weapons for which heavy bombers are actually equipped. This data was exchanged effective as of the date of signature, both because it could not be derived from the START Treaty data and because of the central political importance of these data to the overall agreement.

SECTION I--NUMBER OF WARHEADS ATTRIBUTED TO DEPLOYED HEAVY BOMBERS OTHER THAN HEAVY BOMBERS REORIENTED TO A CONVENTIONAL ROLE

Section I sets forth the number of warheads for which deployed heavy bombers (other than those reoriented to a conventional role) are actually equipped. Note that the number of warheads for which deployed heavy bombers are actually equipped is not an "agreed" or negotiated number, and the accuracy of the data provided is the responsibility of the Party owning the given heavy bomber. (See the analysis of Article IV of the Treaty for a discussion of the proper interpretation of the term "the number of warheads for which a heavy bomber is actually equipped. )

In addition, this Section provides a record of the aggregate number of warheads attributed to such heavy bombers. This aggregate number is derived by multiplying the number of deployed heavy bombers of a given type and variant (data found in the Memorandum of Understanding to the START Treaty) by the number of warheads for which such bombors are actually equipped.

As a legal matter, the inclusion of a summary of the provisions of Article IV on heavy bomber warhead attribution is redundant and therefore adds no new obligations. The provisions were included in the MOA at the request of Russia.

Under the START Treaty, older U.S. heavy bombers awaiting elimination at the Davis- Monthan conversion or elimination facility are included in the Memorandum of Understanding, since such bombers count against the START Treaty delivery vehicle and warhead totals. Since these older bombers will be eliminated before the expiration of the seven-year reductions period, when the first limits under START II must be reached, the number of nuclear weapons for which they are actually equipped was not included in the START II MOA.

The United States declared two different categories of B-52G heavy bombers under the START Treaty: a B-52G equipped for long-range nuclear ALCMs and a B-52G equipped for nuclear armaments other than long-range nuclear ALCMs. At the time of signature of the START II Treaty, all B-52Gs equipped for long-range nuclear ALCMs had been removed from operational service and were awaiting elimination at the Davis-Monthan Air Force Base elimination facility. Therefore, the United States listed only one variant-the B-52G--in the MOA. The United States stated that it would include the nuclear weapons attributed to all B-52Gs in the aggregate number of warheads attributed to heavy bombers to be provided 30 days after entry into force. The non- operational B-52Gs at Davis-Monthan will only count at the START II attributed number of 12 only until those heavy bombers are actually eliminated.

SECTION II--DATA ON HEAVY BOMBERS REORIENTED TO A CONVENTIONAL ROLE AND HEAVY BOMBERS REORIENTED TO A CONVENTIONAL ROLE THAT HAVE SUBSEQUENTLY BEEN RETURNED TO A NUCLEAR ROLE

Section II provides a location for recording the aggregate number of heavy bombers reoriented to a conventional role and the bases at which they are located. These data are required in support of paragraph 8 of Article IV of the Treaty, which limits the aggregate number of heavy bombers reoriented to a conventional role to 100 and requires that they be based separately from heavy bombers with a nuclear role.

In addition, this Section allows the recording of observable differences--those betweenheavy bombers reoriented to a conventional role and other heavy bombers of the same type or variant with a nuclear role, and those between heavy bombers reoriented to a conventional role that have subsequently been returned to a nuclear role and heavy bombers which remain reoriented to a conventional role. In each case, each type or variant of a type of heavy bomber need have only one difference. These distinctions are required by paragraphs 8 and 9 of Article IV of the Treaty, respectively.

Since no heavy bombers have yet been reoriented to a conventional role, this Section is unlikely to contain any data when the first data exchange occurs 30 days after entry into force of the START II Treaty.

SECTION III--DATA ON DEPLOYED ICBM'S AND DEPLOYED SLBM'S TO WHICH A REDUCED NUMBER OF WARHEADS IS ATTRIBUTED

Section III provides data on the numbers and locations of ICBMs and SLBMs downloaded under the provisions of Article III of the Treaty. The format is identical to that of Section III to the START Treaty Memorandum of Understanding; a separate listing in the Memorandum on Attribution is required since the downloading rules under the Treaty differ from those under the START Treaty.

SECTION IV--DATA ON ELIMINATED HEAVY ICBM'S AND CONVERTED SILO LAUNCHERS OF HEAVY ICBM'S

Section IV provides data on the numbers and locations of heavy ICBM silos (in practice, silo launchers for Russian SS-18 ICBMs) which have been converted pursuant to the Elimination and Conversion Protocol. These data are required because of the limit of 90 such converted silos established in subparagraph 3(b) of Article II. Since the START Treaty requires that geographic coordinates not be released to the public, the locations referred to in this Section will be given by use of the silo designators found in the Memorandum of Understanding to the START Treaty that correspond to coordinate data in the Agreement on the Exchange of Geographic Coordinates and Site Diagrams Relating to the Treaty.

Section IV also provides data on the number of heavy ICBMs (in practice, Russian SS-18 ICBMs) which remain deployed in Russia, remain non-deployed in Russia, or have been eliminated. Such data are needed to measure progress toward the elimination of all heavy ICBMs mandated by paragraph 6 of Article II. See the Article-by-Article Analysis of the Treaty text for further discussion of heavy ICBMs located in Kazakhstan.

Although paragraph 6 of Article II of the Treaty requires the elimination of all launch canisters for heavy ICBMs (including empty launch canisters), the Parties elected not to include a separate listing for such canisters in the MOA. Launch canisters for heavy ICBMs will be eliminated as will the heavy ICBMs that they contained.

Since the United States has no heavy ICBMs, all U.S. data in this Section will be zero. The United States was included in this Section to meet the Russian request that the Treaty (and thus the MOA) be phrased in a neutral fashion with respect to the rights and obligations of the two Parties.

SECTION V--CHANGES

Section V requires each Party to notify the other of changes in the attribution and data contained in this Memorandum. Unlike the START Treaty, the START II Treaty does not prescribe in detail the specific content of notifications. Should the Parties wish to agree on specific content, they can do so within the framework of the Bilateral Implementation Commission.

The concluding paragraphs note that, in signing the Memorandum, the Parties accept the categories of data contaiued in the Memorandum. These paragraphs also provide that each Party is responsible for the accuracy only of its own data.

A final provision, like that in each Protocol, provides that, pursuant to subparagraph 2(b) of Article V of the Treaty, additional measures can be agreed upon by the Parties with respect to the Memorandum to. improve the viability and effectiveness of the Treaty. The Parties agree that, if changes need to be made in the Memorandum that do not affect substantive rights or obligations under the Treaty, then such changes as are agreed upon shall be made within the framework of the Bilateral Implementation Commission (BIC), without resorting to the amendment procedures set forth in Article VII.

Pursuant to Article VI, the Memorandum on Attribution is deemed to be an integral part of the Treaty.