Pursuant to and in implementation 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, herein after referred
to as the Treaty, the Parties hereby agree upon provisions governing
the operation of the Joint Compliance and Inspection Commission, hereinafter
referred to as the Commission, established pursuant to Article XV of
the Treaty.
I. Composition of the Commission
1. Each Party shall communicate to the other Party the names of its
designated Commissioner and Deputy Commissioner to the Commission. The
Parties shall communicate to each other the names of the initially designated
Commissioner and Deputy Commissioner to the Commission as soon as practicable,
but in any case no later than 30 days after signature of the Treaty.
2. Each Party shall have the right to be represented at a session of
the Commission by its Commissioner and Deputy Commissioner as well as
by their alternates, and by members, advisors, and experts. A session
of the Commission may be convened without the participation of the Commissioner
and Deputy Commissioner. In such a case, any other individual provided
for in this paragraph may be the head representative of a Party to a
session of the Commission. The Republic of Belarus, the Republic of
Kazakhstan, the Russian Federation, or Ukraine may authorize any other
of these Parties to represent its interests at a session of the Commission
through the head representative of such other Party. Such authorization
shall be provided in diplomatic notes to the representatives of all
other Parties prior to the commencement of a session and shall state
the subject matter, scope, and duration of the authorization. (1 Annex
1, Paragraph 1.)
3. The head representatives of the United States of America, the Republic
of Belarus, the Republic of Kazakhstan, the Russian Federation, and
Ukraine shall alternately preside over meetings during a session of
the Commission, unless otherwise agreed during a session. (2 Annex 1,
Paragraph 2.)
4. The Commission shall have the right to constitute working groups
consisting of any of the individuals provided for in paragraph 2 of
this Section for the consideration of specific questions raised in the
Commission.
II. Convening a Session of the Commission
1. A session of the Commission shall be convened at the request of
either Party. No later than 14 days after receiving such a request,
the requested Party shall submit a response. Requests and responses
shall include the following:
(a) the questions that the Party intends to raise;
(b) the name of the head representative of the Party; and
(c) the proposed or accepted date and location for the convening
of the session.
Each Party may also submit additional questions to the other Party
in the period from the submission of the initial response to the initial
request until the convening of the session.
2. A session of the Commission shall be convened on the date agreed
by at least two Parties, including the United States of America, but
not later than 30 days after the date proposed in the request provided
for in subparagraph 1(c) of Section II of this Protocol. (3 Annex 1,
Paragraph 3.)
3. A session of the Commission shall be convened in Geneva, Switzerland,
or, as appropriate, in another place agreed by the Parties.
4. The Commissioner or Deputy Commissioner of each of the Parties may,
without the convening of a session of the Commission, communicate with
the Commissioner of the other Party in order to clarify any unclear
situations or to resolve questions.
III. Convening a Special Session of the Commission
1. A special session of the Commission shall be convened either at
the request of the United States of America to address what it considers
to be an urgent concern relating to compliance of the Republic of Belarus,
the Republic of Kazakhstan, the Russian Federation, or Ukraine with
the obligations assumed under the Treaty, or at the request of the Republic
of Belarus, the Republic of Kazakhstan, the Russian Federation, or Ukraine
to address what it considers to be an urgent concern relating to compliance
of the United States of America with the obligations assumed under the
Treaty. All Parties shall have the right to participate in special sessions.
(4 Annex 1, Paragraph 4.) Such a request shall include, at a minimum,
the following:
(a) the nature of the concern, including the kind and, if applicable,
the type of strategic offensive arms related to the concern;
(b) the name of the head representative of the Party; and
(c) the proposed date and location for the convening of the special
session. The requesting Party may also propose in the request a specific
method for resolving the concern. Such a method may include, but is
not limited to, a visit with special right of access to the facility
or location where, in the opinion of the requesting Party, the activity
that caused the concern took place.
2. No later than seven days after receiving such a request, the requested
Party shall submit a response.Such a response shall include either:
(a) acceptance of the proposed date and location for the convening of
the special session; or
(b) a proposal for an alternate date and location for the convening
of the special session. The alternate date shall be no later than
ten days after the date proposed by the requesting Party.
3. The response of the requested Party may also include:
(a) acceptance of the proposed specific method for resolving the concern,
including, if a visit with special right of access is planned, the proposed
date, location, and procedures for such a visit; or
(b) a proposal for a specific method for resolving the concern,
including, if a visit with special right of access is planned, the
proposed date, location, and procedures for such a visit.
If the Parties agree to a visit with special right of access or another
method for resolving the concern, the Parties may agree not to convene
the special session.
Visits with special right of access may be conducted in accordance
with the provisions of the Inspection Protocol, as applicable.
4. Either Party may request additional information related to the concern.
A response to such a request shall be submitted no later than seven
days after receipt of the request, but shall not affect the time for
convening the special session of the Commission, if such a session is
held.
5. A special session of the Commission shall remain in session for
no more than 30 days.
IV. Agenda
1. The agenda for a session of the Commission shall consist of those
questions that the Parties have included in the communications provided
to each other in accordance with paragraph 1 of Section II of this Protocol.
2. Each Party shall have the right to raise in the Commission questions
that arise immediately preceding or during a session of the Commission;
provided, however, that consideration of such questions during the current
session shall be subject to agreement of the Parties. In case of such
agreement, the Parties shall allow sufficient time prior to consideration
of such questions for preparation and any changes in the composition
of their delegations that are required.
3. Sessions of the Commission shall be convened irrespective of the
number of questions on the agenda.
V. Work of the Commission
The work of the Commission shall be confidential, except as otherwise
agreed by the Commission. the Commission may record agreements or the
results of its work in an appropriate document, which shall be done
in five copies, each in the English and Russian languages, both texts
being equally authentic. (5 Annex 1, Paragraph 5.) Such documents shall
not be confidential, except as otherwise agreed by the Commission.
The Parties agree that, after at least two Parties, including the United
States of America, sign an agreement, the United States of America shall
provide the text of the agreement to the Parties that did not sign the
agreement. Each Party that has signed the agreement shall have the right
to identify the agreement as one to which the provisions of subparagraph
(c) of this Section shall not apply. The head representative of each
Party that made such an identification shall, during the session of
the commission at which the agreement was signed, provide to all Parties
that have signed the agreement its reasons for making such identification.
These reasons shall be provided by the United States of America to all
Parties that have not signed the agreement when it provides the text
of the agreement. Each Party that did not sign the agreement:
(a) shall express its consent to be bound by the agreement by providing
a diplomatic note of acceptance to all other Parties no later than 30
days after receiving the text of the agreement; or
(b) shall provide the substance of any objections to that agreement
to all other Parties in a diplomatic note no later than 30 days after
receiving the text of the agreement. If a Party provides an objection,
that Party shall attend there next session of the Commission, unless
the objection is resolved before there next session convenes; or
(c) shall be considered to have expressed its consent to be bound
by the agreement if it does not provide a diplomatic note pursuant
to either subparagraph (a) or subparagraph (b) of this Section, provided
that no Party that signed the agreement has identified that agreement,
as provided for in this Section, as one to which the provisions of
this subparagraph shall not apply.
Each agreement shall enter into force on the date when all Parties
have consented to be bound by that agreement, unless a later date is
agreed by all Parties. The Parties agree that the United States of America
shall notify all other Parties by diplomatic note of the date of entry
into force of each agreement. (6 Annex 1, Paragraph 6.)
Parties that sign or otherwise consent to be bound by an agreement
may, on a case-by-case basis, agree to temporary observance of that
agreement, provided that the agreement does not alter the rights and
obligations under the Treaty. Temporary observance shall remain in effect
for an agreed period or until that agreement enters into force. (7 Annex
1, Paragraph 7.)
VI. Costs
Each Party shall bear the cost of its participation in the work of
the Commission.
VII. Communications
Communications pursuant to this Protocol shall be provided through
diplomatic channels; or shall be provided through the Nuclear Risk Reduction
Center of the United States of America, and the Nuclear Risk Reduction
Center of the Russian Federation or other equivalent continuous communications
centers established by the Republic of Belarus, the Republic of Kazakhstan,
or Ukraine. All requests, responses,and notifications required by this
Protocol shall be provided by the pertinent Party to all other Parties.
(8 Annex 1, Paragraph 8.)
VIII. Additional Procedures and Provisional Application
1. The Parties shall have the right to agree upon additional procedures
governing the operation of the Commission.
2. The provisions of Article XV of the Treaty and the provisions of
this Protocol shall apply provisionally from the date of signature of
the Treaty for a 12-month period, unless, before the expiration of this
period:
The Parties may agree to extend the provisional application for additional
periods, subject to the same conditions specified in subparagraphs (a)
and (b) of this paragraph.
3. The provisions of Article XV of the Treaty and the provisions of
this Protocol shall apply provisionally in light of and in conformity
with the other provisions of the Treaty.
This Protocol is an integral part of the Treaty and shall enter into
force on the date of entry into force of the Treaty and shall remain
in force so long as the Treaty remains in force. As provided for in
subparagraph (b) of Article XV of the Treaty, the Parties may agree
upon such additional measures as may be necessary to improve the viability
and effectiveness of the Treaty. The Parties agree that, if it becomes
necessary to make changes in this Protocol that do not affect substantive
rights or obligations under the Treaty, they shall use the Commission
to reach agreement on such changes, without resorting to the procedure
for making amendments set forth in Article XVIII of the Treaty.
Done at Moscow on July 31, 1991, in two copies, each in the English
and Russian languages, both texts being equally authentic.
FOR THE UNITED STATES OF AMERICA:
George Bush
President of the United States of America
FOR THE UNION OF SOVIET SOCIALIST REPUBLICS:
M. Gorbachev
President of the Union of Soviet Socialist Republics