PROTOCOL REGARDING INSPECTIONS RELATING TO 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

Pursuant to and in implementation of 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, hereinafter referred to as the Treaty, the Parties hereby agree upon procedures governing the conduct of inspections provided for in Article XI of the Treaty.

I. Definitions

For the purposes of this Protocol, the Treaty, the Memorandum of Understanding and the Protocol on Elimination:

    1. The term "inspected Party" means the Party to the Treaty whose sites are subject to inspection as provided for by Article XI of the Treaty.

    2. The term "inspecting Party" means the Party to the Treaty carrying out an inspection.

    3. The term "inspector" means an individual designated by one of the Parties to carry out inspections and included on that Partys list of inspectors in accordance with the provisions of Section III of this Protocol.

    4. The term "inspection team" means the group of inspectors assigned by the inspecting Party to conduct a particular inspection.

    5. The term "inspection site" means an area, location or facility at which an inspection is carried out.

    6. The term "period of inspection" means the period of time from arrival of the inspection team at the inspection site until its departure from the inspection site, exclusive of time spent on any pre-and post-inspection procedures.

    7. The term "point of entry" means: Washington, D.C., or San Francisco, California, the United States of America; Brussels (National Airport), The Kingdom of Belgium; Frankfurt (Rhein Main Airbase), The Federal Republic of Germany; Rome (Ciampino), The Republic of Italy; Schiphol, The Kingdom of the Netherlands; RAF Greenham Common, The United Kingdom of Great Britain and Northern Ireland; Moscow, or Irkutsk, the Union of Soviet Socialist Republics; Schkeuditz Airport, the German Democratic Republic; and International Airport Ruzyne, the Czechoslovak Socialist Republic.

    8. The term "in-country period" means the period from the arrival of the inspection team at the point of entry until its departure from the country through the point of entry.

    9. The term "in-country escort" means individuals specified by the inspected Party to accompany and assist inspectors and aircrew members as necessary throughout the in-country period.

    10. The term "aircrew member" means an individual who performs duties related to the operation of an airplane and who is included on a Partys list of aircrew members in accordance with the provisions of Section III of this Protocol.

II. General Obligations

    1. For the purpose of ensuring verification of compliance with the provisions of the Treaty, each Party shall facilitate inspection by the other Party pursuant to this Protocol.

    2. Each Party takes note of the assurances received from the other Party regarding understandings reached between the other Party and the basing countries to the effect that the basing countries have agreed to the conduct of inspections, in accordance with the provisions of this Protocol, on their territories.

III. Pre-Inspection Requirements

    1. Inspections to ensure verification of compliance by the Parties with the obligations assumed under the Treaty shall be carried out by inspectors designated in accordance with paragraphs 3 and 4 of this Section.

    2. No later than one day after entry into force of the Treaty, each Party shall provide to the other Party: a list of its proposed aircrew members; a list of its proposed inspectors who will carry out inspections pursuant to paragraphs 3, 4, 5, 7 and 8 of Article XI of the Treaty; and a list of its proposed inspectors who will carry out inspection activities pursuant to paragraph 6 of Article XI of the Treaty. None of these lists shall contain at any time more than 200 individuals.

    3. Each Party shall review the lists of inspectors and aircrew members proposed by the other Party. With respect to an individual included on the list of proposed inspectors who will carry out inspection activities pursuant to paragraph 6 of Article XI of the Treaty, if such an individual is unacceptable to the Party reviewing the list, that Party shall, within 20 days, so inform the Party providing the list, and the individual shall be deemed not accepted and shall be deleted from the list. With respect to an individual on the list of proposed aircrew members or the list of proposed inspectors who will carry out inspections pursuant to paragraphs 3, 4, 5, 7 and 8 of Article XI of the Treaty, each Party, within 20 days after the receipt of such lists, shall inform the other Party of its agreement to the designation of each inspector and aircrew member proposed. Inspectors shall be citizens of the inspecting Party.

    4. Each Party shall have the right to amend its lists of inspectors and aircrew members. New inspectors and aircrew members shall be designated in the same manner as set forth in paragraph 3 of this Section with respect to the initial lists.

    5. Within 30 days of receipt of the initial lists of inspectors and aircrew members, or of subsequent changes thereto, the Party receiving such information shall provide, or shall ensure the provision of, such visas and other documents to each individual to whom it has agreed as may be required to ensure that each inspector or aircrew member may enter and remain in the territory of the Party or basing country in which an inspection site is located throughout the in-country period for the purpose of carrying out inspection activities in accordance with the provisions of this Protocol. Such visas and documents shall be valid for a period of at least 24 months.

    6. To exercise their functions effectively, inspectors and aircrew members shall be accorded, throughout the in-country period, privileges and immunities in the country of the inspection site as set forth in the Annex to this Protocol.

    7. Without prejudice to their privileges and immunities, inspectors and aircrew members shall be obliged to respect the laws and regulations of the State on whose territory an inspection is carried out and shall be obliged not to interfere in the internal affairs of that State. In the event the inspected Party determines that an inspector or aircrew member of the other Party has violated the conditions governing inspection activities set forth in this Protocol, or has ever committed a criminal offense on the territory of the inspected Party or a basing country, or has ever been sentenced for committing a criminal offense or expelled by the inspected Party or a basing country, the inspected Party making such a determination shall so notify the inspecting Party, which shall immediately strike the individual from the lists of inspectors or the list of aircrew members. If, at that time, the individual is on the territory of the inspected Party or a basing country, the inspecting Party shall immediately remove that individual from the country.

    8. Within 30 days after entry into force of the Treaty, each Party shall inform the other Party of the standing diplomatic clearance number for airplanes of the Party transporting inspectors and equipment necessary for inspection into and out of the territory of the Party or basing country in which an inspection site is located. Aircraft routings to and from the designated point of entry shall be along established international airways that are agreed upon by the Parties as the basis for such diplomatic clearance.

IV. Notifications

    1. Notification of an intention to conduct an inspection shall be made through the Nuclear Risk Reduction Centers. The receipt of this notification shall be acknowledged through the Nuclear Risk Reduction Centers by the inspected Party within one hour of its receipt.

      (a) For inspections conducted pursuant to paragraphs 3, 4 or 5 of Article XI of the Treaty, such notifications shall be made no less than 16 hours in advance of the estimated time of arrival of the inspection team at the point of entry and shall include:

        (i) the point of entry;

        (ii) the date and estimated time of arrival at the point of entry;

        (iii) the date and time when the specification of the inspection site will be provided; and

        (iv) the names of inspectors and aircrew members.

      (b) For inspections conducted pursuant to paragraphs 7 or 8 of Article XI of the Treaty, such notifications shall be made no less than 72 hours in advance of the estimated time of arrival of the inspection team at the point of entry and shall include:

        (i) the point of entry;

        (ii) the date and estimated time of arrival at the point of entry;

        (iii) the site to be inspected and the type of inspection; and

        (iv) the names of inspectors and aircrew members.

    2. The date and time of the specification of the inspection site as notified pursuant to paragraph 1(a) of this Section shall fall within the following time intervals:

      (a) for inspections conducted pursuant to paragraphs 4 or 5 of Article XI of the Treaty, neither less than four hours nor more than 24 hours after the estimated date and time of arrival at the point of entry; and

      (b) for inspections conducted pursuant to paragraph 3 of Article XI of the Treaty, neither less than four hours nor more than 48 hours after the estimated date and time of arrival at the point of entry.

    3. The inspecting Party shall provide the inspected Party with a flight plan, through the Nuclear Risk Reduction Centers, for its flight from the last airfield prior to entering the airspace of the country in which the inspection site is located to the point of entry, no less than six hours before the scheduled departure time from that airfield. Such a plan shall be filed in accordance with the procedures of the International Civil Aviation Organization applicable to civil aircraft. The inspecting Party shall include in the remarks section of each flight plan the standing diplomatic clearance number and the notation: "Inspection aircraft. Priority clearance processing required."

    4. No less than three hours prior to the scheduled departure of the inspection team from the last airfield prior to entering the airspace of the country in which the inspection is to take place, the inspected Party shall ensure that the flight plan filed in accordance with paragraph 3 of this Section is approved so that the inspection team may arrive at the point of entry by the estimated arrival time.

    5. Either Party may change the point or points of entry to the territories of the countries within which its deployment areas, missile operating bases or missile support facilities are located, by giving notice of such change to the other Party. A change in a point of entry shall become effective five months after receipt of such notification by the other Party.

V. Activities Beginning Upon Arrival at the Point of Entry

    1. The in-country escort and a diplomatic aircrew escort accredited to the Government of either the inspected Party or the basing country in which the inspection site is located shall meet the inspection team and aircrew members at the point of entry as soon as the airplane of the inspecting Party lands. The number of aircrew members for each airplane shall not exceed ten. The in-country escort shall expedite the entry of the inspection team and aircrew, their baggage, and equipment and supplies necessary for inspection, into the country in which the inspection site is located. A diplomatic aircrew escort shall have the right to accompany and assist aircrew members throughout the in-country period. In the case of an inspection taking place on the territory of a basing country, the in-country escort may include representatives of that basing country.

    2. An inspector shall be considered to have assumed his duties upon arrival at the point of entry on the territory of the inspected Party or a basing country, and shall be considered to have ceased performing those duties when he has left the territory of the inspected Party or basing country.

    3. Each Party shall ensure that equipment and supplies are exempt from all customs duties.

    4. Equipment and supplies which the inspecting Party brings into the country in which an inspection site is located shall be subject to examination at the point of entry each time they are brought into that country. This examination shall be completed prior to the departure of the inspection team from the point of entry to conduct an inspection. Such equipment and supplies shall be examined by the in-country escort in the presence of the inspection team members to ascertain to the satisfaction of each Party that the equipment and supplies cannot perform functions unconnected with the inspection requirements of the Treaty. If it is established upon examination that the equipment or supplies are unconnected with these inspection requirements, then they shall not be cleared for use and shall be impounded at the point of entry until the departure of the inspection team from the country where the inspection is conducted. Storage of the inspecting Partys equipment and supplies at each point of entry shall be within tamper-proof containers within a secure facility. Access to each secure facility shall be controlled by a "dual key" system requiring the presence of both Parties to gain access to the equipment and supplies.

    5. Throughout the in-country period, the inspected Party shall provide, or arrange for the provision of, meals, lodging, work space, transportation and, as necessary, medical care for the inspection team and aircrew of the inspecting Party. All the costs in connection with the stay of inspectors carrying out inspection activities pursuant to paragraph 6 of Article XI of the Treaty, on the territory of the inspected Party, including meals, services, lodging, work space, transportation and medical care shall be borne by the inspecting Party.

    6. The inspected Party shall provide parking, security protection, servicing and fuel for the airplane of the inspecting Party at the point of entry. The inspecting Party shall bear the cost of such fuel and servicing.

    7. For inspections conducted on the territory of the Parties, the inspection team shall enter at the point of entry on the territory of the inspected Party that is closest to the inspection site. In the case of inspections carried out in accordance with paragraphs 3, 4 or 5 of Article XI of the Treaty, the inspection team leader shall, at or before the time notified, pursuant to paragraph 1(a)(iii) of Section IV of this Protocol, inform the inspected Party at the point of entry through the in-country escort of the type of inspection and the inspection site, by place-name and geographic coordinates.

VI. General Rules for Conducting Inspections

    1. Inspectors shall discharge their functions in accordance with this Protocol.

    2. Inspectors shall not disclose information received during inspections except with the express permission of the inspecting Party. They shall remain bound by this obligation after their assignment as inspectors has ended.

    3. In discharging their functions, inspectors shall not interfere directly with on-going activities at the inspection site and shall avoid unnecessarily hampering or delaying the operation of a facility or taking actions affecting its safe operation.

    4. Inspections shall be conducted in accordance with the objectives set forth in Article XI of the Treaty as applicable for the type of inspection specified by the inspecting Party under paragraph 1(b) of Section IV or paragraph 7 of Section V of this Protocol.

    5. The in-country escort shall have the right to accompany and assist inspectors and aircrew members as considered necessary by the inspected Party throughout the in-country period. Except as otherwise provided in this Protocol, the movement and travel of inspectors and aircrew members shall be at the discretion of the in-country escort.

    6. Inspectors carrying out inspection activities pursuant to paragraph 6 of Article XI of the Treaty shall be allowed to travel within 50 kilometers from the inspection site with the permission of the in-country escort, and as considered necessary by the inspected Party, shall be accompanied by the in-country escort. Such travel shall be taken solely as a leisure activity.

    7. Inspectors shall have the right throughout the period of inspection to be in communication with the embassy of the inspecting Party located within the territory of the country where the inspection is taking place using the telephone communications provided by the inspected Party.

    8. At the inspection site, representatives of the inspected facility shall be included among the in-country escort.

    9. The inspection team may bring onto the inspection site such documents as needed to conduct the inspection, as well as linear measurement devices; cameras; portable weighing devices; radiation detection devices; and other equipment, as agreed by the Parties. The characteristics and method of use of the equipment listed above, shall also be agreed upon within 30 days after entry into force of the Treaty. During inspections conducted pursuant to paragraphs 3, 4, 5(a), 7 or 8 of Article XI of the Treaty, the inspection team may use any of the equipment listed above, except for cameras, which shall be for use only by the inspected Party at the request of the inspecting Party. During inspections conducted pursuant to paragraph 5(b) of Article XI of the Treaty, all measurements shall be made by the inspected Party at the request of the inspecting Party. At the request of inspectors, the in-country escort shall take photographs of the inspected facilities using the inspecting Partys camera systems which are capable of producing duplicate, instant development photographic prints. Each Party shall receive one copy of every photograph.

    10. For inspections conducted pursuant to paragraphs 3, 4, 5, 7 or 8 of Article XI of the Treaty, inspectors shall permit the in-country escort to observe the equipment used during the inspection by the inspection team.

    11. Measurements recorded during inspections shall be certified by the signature of a member of the inspection team and a member of the in-country escort when they are taken. Such certified data shall be included in the inspection report.

    12. Inspectors shall have the right to request clarifications in connection with ambiguities that arise during an inspection. Such requests shall be made promptly through the in-country escort. The in-country escort shall provide the inspection team, during the inspection, with such clarifications as may be necessary to remove the ambiguity. In the event questions relating to an object or building located within the inspection site are not resolved, the inspected Party shall photograph the object or building as requested by the inspecting Party for the purpose of clarifying its nature and function. If the ambiguity cannot be removed during the inspection, then the question, relevant clarifications and a copy of any photographs taken shall be included in the inspection report.

    13. In carrying out their activities, inspectors shall observe safety regulations established at the inspection site, including those for the protection of controlled environments within a facility and for personal safety. Individual protective clothing and equipment shall be provided by the inspected Party, as necessary.

    14. For inspections pursuant to paragraphs 3, 4, 5, 7 or 8 of Article XI of the Treaty, pre-inspection procedures, including briefings and safety-related activities, shall begin upon arrival of the inspection team at the inspection site and shall be completed within one hour. The inspection team shall begin the inspection immediately upon completion of the pre-inspection procedures. The period of inspection shall not exceed 24 hours, except for inspections pursuant to paragraphs 6, 7 or 8 of Article XI of the Treaty. The period of inspection may be extended, by agreement with the in-country escort, by no more than eight hours. Post-inspection procedures, which include completing the inspection report in accordance with the provisions of Section XI of this Protocol, shall begin immediately upon completion of the inspection and shall be completed at the inspection site within four hours.

    15. An inspection team conducting an inspection pursuant to Article XI of the Treaty shall include no more than ten inspectors, except for an inspection team conducting an inspection pursuant to paragraphs 7 or 8 of that Article, which shall include no more than 20 inspectors and an inspection team conducting inspection activities pursuant to paragraph 6 of that Article, which shall include no more than 30 inspectors. At least two inspectors on each team must speak the language of the inspected Party. An inspection team shall operate under the direction of the team leader and deputy team leader. Upon arrival at the inspection site, the inspection team may divide itself into subgroups consisting of no fewer than two inspectors each. There shall be no more than one inspection team at an inspection site at any one time.

    16. Except in the case of inspections conducted pursuant to paragraphs 3, 4, 7 or 8 of Article XI of the Treaty, upon completion of the post-inspection procedures, the inspection team shall return promptly to the point of entry from which it commenced inspection activities and shall then leave, within 24 hours, the territory of the country in which the inspection site is located, using its own airplane. In the case of inspections conducted pursuant to paragraphs 3, 4, 7 or 8 of Article XI of the Treaty, if the inspection team intends to conduct another inspection it shall either:

      (a) notify the inspected Party of its intent upon return to the point of entry; or

      (b) notify the inspected Party of the type of inspection and the inspection site upon completion of the post-inspection procedures. In this case it shall be the responsibility of the inspected Party to ensure that the inspection team reaches the next inspection site without unjustified delay. The inspected Party shall determine the means of transportation and route involved in such travel.

    With respect to subparagraph (a), the procedures set forth in paragraph 7 of Section V of this Protocol and paragraphs 1 and 2 of Section VII of this Protocol shall apply.

VII. Inspections Conducted Pursuant to Paragraphs 3, 4 or 5 of Article XI of the Treaty

    1. Within one hour after the time for the specification of the inspection site notified pursuant to paragraph 1(a) of Section IV of this Protocol, the inspected Party shall implement pre-inspection movement restrictions at the inspection site, which shall remain in effect until the inspection team arrives at the inspection site. During the period that pre-inspection movement restrictions are in effect, missiles, stages of such missiles, launchers or support equipment subject to the Treaty shall not be removed from the inspection site.

    2. The inspected Party shall transport the inspection team from the point of entry to the inspection site so that the inspection team arrives at the inspection site no later than nine hours after the time for the specification of the inspection site notified pursuant to paragraph 1(a) of Section IV of this Protocol.

    3. In the event that an inspection is conducted in a basing country, the aircrew of the inspected Party may include representatives of the basing country.

    4. Neither Party shall conduct more than one inspection pursuant to paragraph 5(a) of Article XI of the Treaty at any one time, more than one inspection pursuant to paragraph 5(b) of Article XI of the Treaty at any one time, or more than 10 inspections pursuant to paragraph 3 of Article XI of the Treaty at any one time.

    5. The boundaries of the inspection site at the facility to be inspected shall be the boundaries of that facility set forth in the Memorandum of Understanding.

    6. Except in the case of an inspection conducted pursuant to paragraphs 4 or 5(b) of Article XI of the Treaty, upon arrival of the inspection team at the inspection site, the in-country escort shall inform the inspection team leader of the number of missiles, stages of missiles, launchers, support structures and support equipment at the site that are subject to the Treaty and provide the inspection team leader with a diagram of the inspection site indicating the location of these missiles, stages of missiles, launchers, support structures and support equipment at the inspection site.

    7. Subject to the procedures of paragraphs 8 through 14 of this Section, inspectors shall have the right to inspect the entire inspection site, including the interior of structures, containers or vehicles, or including covered objects, whose dimensions are equal to or greater than the dimensions specified in Section VI of the Memorandum of Understanding for the missiles, stages of such missiles, launchers or support equipment of the inspected Party.

    8. A missile, a stage of such a missile or a launcher subject to the Treaty shall be subject to inspection only by external visual observation, including measuring, as necessary, the dimensions of such a missile, stage of such a missile or launcher. A container that the inspected Party declares to contain a missile or stage of a missile subject to the Treaty, and which is not sufficiently large to be capable of containing more than one missile or stage of such a missile of the inspected Party subject to the Treaty, shall be subject to inspection only by external visual observation, including measuring, as necessary, the dimensions of such a container to confirm that it cannot contain more than one missile or stage of such a missile of the inspected Party subject to the Treaty. Except as provided for in paragraph 14 of this Section, a container that is sufficiently large to contain a missile or stage of such a missile of the inspected Party subject to the Treaty that the inspected Party declares not to contain a missile or stage of such a missile subject to the Treaty shall be subject to inspection only by means of weighing or visual observation of the interior of the container, as necessary, to confirm that it does not, in fact, contain a missile or stage of such a missile of the inspected Party subject to the Treaty. If such a container is a launch canister associated with a type of missile not subject to the Treaty, and declared by the inspected Party to contain such a missile, it shall be subject to external inspection only, including use of radiation detection devices, visual observation and linear measurement, as necessary, of the dimensions of such a canister.

    9. A structure or container that is not sufficiently large to contain a missile, stage of such a missile or launcher of the inspected Party subject to the Treaty shall be subject to inspection only by external visual observation including measuring, as necessary, the dimensions of such a structure or container to confirm that it is not sufficiently large to be capable of containing a missile, stage of such a missile or launcher of the inspected Party subject to the Treaty.

    10. Within a structure, a space which is sufficiently large to contain a missile, stage of such a missile or launcher of the inspected Party subject to the Treaty, but which is demonstrated to the satisfaction of the inspection team not to be accessible by the smallest missile, stage of a missile or launcher of the inspected Party subject to the Treaty shall not be subject to further inspection. If the inspected Party demonstrates to the satisfaction of the inspection team by means of a visual inspection of the interior of an enclosed space from its entrance that the enclosed space does not contain any missile, stage of such a missile or launcher of the inspected Party subject to the Treaty, such an enclosed space shall not be subject to further inspection.

    11. The inspection team shall be permitted to patrol the perimeter of the inspection site and station inspectors at the exits of the site for the duration of the inspection.

    12. The inspection team shall be permitted to inspect any vehicle capable of carrying missiles, stages of such missiles, launchers or support equipment of the inspected Party subject to the Treaty at any time during the course of an inspection and no such vehicle shall leave the inspection site during the course of the inspection until inspected at site exits by the inspection team.

    13. Prior to inspection of a building within the inspection site, the inspection team may station subgroups at the exits of the building that are large enough to permit passage of any missile, stage of such a missile, launcher or support equipment of the inspected Party subject to the Treaty. During the time that the building is being inspected, no vehicle or object capable of containing any missile, stage of such a missile, launcher or support equipment of the inspected Party subject to the Treaty shall be permitted to leave the building until inspected.

    14. During an inspection conducted pursuant to paragraph 5(b) of Article XI of the Treaty, it shall be the responsibility of the inspected Party to demonstrate that a shrouded or environ-mentally protected object which is equal to or larger than the smallest missile, stage of a missile or launcher of the inspected Party subject to the Treaty is not, in fact, a missile, stage of such a missile or launcher of the inspected Party subject to the Treaty. This may be accomplished by partial removal of the shroud or environmental protection cover, measuring, or weighing the covered object or by other methods. If the inspected Party satisfies the inspection team by its demonstration that the object is not a missile, stage of such a missile or launcher of the inspected Party subject to the Treaty, then there shall be no further inspection of that object. If the container is a launch canister associated with a type of missile not subject to the Treaty, and declared by the inspected Party to contain such a missile, then it shall be subject to external inspection only, including use of radiation detection devices, visual observation and linear measurement, as necessary, of the dimensions of such a canister.

VIII. Inspections Conducted Pursuant to Paragraphs 7 or 8 of Article XI of the Treaty

    1. Inspections of the process of elimination of items of missile systems specified in the Protocol on Elimination carried out pursuant to paragraph 7 of Article XI of the Treaty shall be conducted in accordance with the procedures set forth in this paragraph and the Protocol on Elimination.

      (a) Upon arrival at the elimination facility, inspectors shall be provided with a schedule of elimination activities.

      (b) Inspectors shall check the data which are specified in the notification provided by the inspected Party regarding the number and type of items of missile systems to be eliminated against the number and type of such items which are at the elimination facility prior to the initiation of the elimination procedures.

      (c) Subject to paragraphs 3 and 11 of Section VI of this Protocol, inspectors shall observe the execution of the specific procedures for the elimination of the items of missile systems as provided for in the Protocol on Elimination. If any deviations from the agreed elimination procedures are found, the inspectors shall have the right to call the attention of the in-country escort to the need for strict compliance with the above-mentioned procedures. The completion of such procedures shall be confirmed in accordance with the procedures specified in the Protocol on Elimination.

      (d) During the elimination of missiles by means of launching, the inspectors shall have the right to ascertain by visual observation that a missile prepared for launch is a missile of the type subject to elimination. The inspectors shall also be allowed to observe such a missile from a safe location specified by the inspected Party until the completion of its launch. During the inspection of a series of launches for the elimination of missiles by means of launching, the inspected Party shall determine the means of transport and route for the transportation of inspectors between inspection sites.

    2. Inspections of the elimination of items of missile systems specified in the Protocol on Elimination carried out pursuant to paragraph 8 of Article XI of the Treaty shall be conducted in accordance with the procedures set forth in Sections II, IV, and V of the Protocol on Elimination or as otherwise agreed by the Parties.

IX. Inspection Activities Conducted Pursuant to Paragraph 6 of Article XI of the Treaty

    1. The inspected Party shall maintain an agreed perimeter around the periphery of the inspection site and shall designate a portal with not more than one rail line and one road which shall be within 50 meters of each other. All vehicles which can contain an intermediate-range GLBM or longest stage of such a GLBM of the inspected Party shall exit only through this portal.

    2. For the purposes of this Section, the provisions of paragraph 10 of Article VII of the Treaty shall be applied to intermediate-range GLBMs of the inspected Party and the longest stage of such GLBMs.

    3. There shall not be more than two other exits from the inspection site. Such exits shall be monitored by appropriate sensors. The perimeter of and exits from the inspection site may be monitored as provided for by paragraph 11 of Section VII of this Protocol.

    4. The inspecting Party shall have the right to establish continuous monitoring systems at the portal specified in paragraph 1 of this Section and appropriate sensors at the exits specified in paragraph 3 of this Section and carry out necessary engineering surveys, construction, repair and replacement of monitoring systems.

    5. The inspected Party shall, at the request of and at the expense of the inspecting Party, provide the following:

      (a) all necessary utilities for the construction and operation of the monitoring systems, including electrical power, water, fuel, heating and sewage;

      (b) basic construction materials including concrete and lumber;

      (c) the site preparation necessary to accommodate the installation of continuously operating systems for monitoring the portal specified in paragraph 1 of this Section, appropriate sensors for other exits specified in paragraph 3 of this Section and the center for collecting data obtained during inspections. Such preparation may include ground excavation, laying of concrete foundations, trenching between equipment locations and utility connections;

      (d) transportation for necessary installation tools, materials and equipment from the point of entry to the inspection site; and

      (e) a minimum of two telephone lines and, as necessary, high frequency radio equipment capable of allowing direct communication with the embassy of the inspecting Party in the country in which the site is located.

    6. Outside the perimeter of the inspection site, the inspecting Party shall have the right to:

      (a) build no more than three buildings with a total floor space of not more than 150 square meters for a data center and inspection team headquarters, and one additional building with floor space not to exceed 500 square meters for the storage of supplies and equipment;

      (b) install systems to monitor the exits to include weight sensors, vehicle sensors, surveillance systems and vehicle dimensional measuring equipment;

      (c) install at the portal specified in paragraph 1 of this Section equipment for measuring the length and diameter of missile stages contained inside of launch canisters or shipping containers;

      (d) install at the portal specified in paragraph 1 of this Section non-damaging image producing equipment for imaging the contents of launch canisters or shipping containers declared to contain missiles or missile stages as provided for in paragraph 11 of this Section;

      (e) install a primary and back-up power source; and

      (f) use, as necessary, data authentication devices.

    7. During the installation or operation of the monitoring systems, the inspecting Party shall not deny the inspected Party access to any existing structures or security systems. The inspecting Party shall not take any actions with respect to such structures without consent of the inspected Party. If the Parties agree that such structures are to be rebuilt or demolished, either partially or completely, the inspecting Party shall provide the necessary compensation.

    8. The inspected Party shall not interfere with the installed equipment or restrict the access of the inspection team to such equipment.

    9. The inspecting Party shall have the right to use its own two-way systems of radio communication between inspectors patrolling the perimeter and the data collection center. Such systems shall conform to power and frequency restrictions established on the territory of the inspected Party.

    10. Aircraft shall not be permitted to land within the perimeter of the monitored site except for emergencies at the site and with prior notification to the inspection team.

    11. Any shipment exiting through the portal specified in paragraph 1 of this Section which is large enough and heavy enough to contain an intermediate-range GLBM or longest stage of such a GLBM of the inspected Party shall be declared by the inspected Party to the inspection team before the shipment arrives at the portal. The declaration shall state whether such a shipment contains a missile or missile stage as large or larger than and as heavy or heavier than an intermediate-range GLBM or longest stage of such a GLBM of the inspected Party.

    12. The inspection team shall have the right to weigh and measure the dimensions of any vehicle, including railcars, exiting the site to ascertain whether it is large enough and heavy enough to contain an intermediate-range GLBM or longest stage of such a GLBM of the inspected Party. These measurements shall be performed so as to minimize the delay of vehicles exiting the site. Vehicles that are either not large enough or not heavy enough to contain an intermediate-range GLBM or longest stage of such a GLBM of the inspected Party shall not be subject to further inspection.

    13. Vehicles exiting through the portal specified in paragraph 1 of this Section that are large enough and heavy enough to contain an intermediate-range GLBM or longest stage of such a GLBM of the inspected Party but that are declared not to contain a missile or missile stage as large or larger than and as heavy or heavier than an intermediate-range GLBM or longest stage of such a GLBM of the inspected Party shall be subject to the following procedures.

      (a) The inspecting Party shall have the right to inspect the interior of all such vehicles.

      (b) If the inspecting Party can determine by visual observation or dimensional measurement that, inside a particular vehicle, there are no containers or shrouded objects large enough to be or to contain an intermediate-range GLBM or longest stage of such a GLBM of the inspected Party, then that vehicle shall not be subject to further inspection.

      (c) If inside a vehicle there are one or more containers or shrouded objects large enough to be or to contain an intermediate-range GLBM or longest stage of such a GLBM of the inspected Party, it shall be the responsibility of the inspected Party to demonstrate that such containers or shrouded objects are not and do not contain intermediate-range GLBMs or the longest stages of such GLBMs of the inspected Party.

    14. Vehicles exiting through the portal specified in paragraph 1 of this Section that are declared to contain a missile or missile stage as large or larger than and as heavy or heavier than an intermediate-range GLBM or longest stage of such a GLBM of the inspected Party shall be subject to the following procedures.

      (a) The inspecting Party shall preserve the integrity of the inspected missile or stage of a missile.

      (b) Measuring equipment shall be placed only outside of the launch canister or shipping container; all measurements shall be made by the inspecting Party using the equipment provided for in paragraph 6 of this Section. Such measure-ments shall be observed and certified by the in-country escort.

      (c) The inspecting Party shall have the right to weigh and measure the dimensions of any launch canister or of any shipping container declared to contain such a missile or missile stage and to image the contents of any launch canister or of any shipping container declared to contain such a missile or missile stage; it shall have the right to view such missiles or missile stages contained in launch canisters or shipping containers eight times per calendar year. The in-country escort shall be present during all phases of such viewing. During such interior viewing:

        (i) the front end of the launch canister or the cover of the shipping container shall be opened;

        (ii) the missile or missile stage shall not be removed from its launch canister or shipping container; and

        (iii) the length and diameter of the stages of the missile shall be measured in accordance with the methods agreed by the Parties so as to ascertain that the missile or missile stage is not an intermediate-range GLBM of the inspected Party, or the longest stage of such a GLBM, and that the missile has no more than one stage which is outwardly similar to a stage of an existing type of intermediate-range GLBM.

      (d) The inspecting Party shall also have the right to inspect any other containers or shrouded objects inside the vehicle containing such a missile or missile stage in accordance with the procedures in paragraph 13 of this Section.

X. Cancellation of Inspection

    An inspection shall be cancelled if, due to circumstances brought about by force majeure, it cannot be carried out. In the case of a delay that prevents an inspection team performing an inspection pursuant to paragraphs 3, 4, or 5 of Article XI of the Treaty, from arriving at the inspection site during the time specified in paragraph 2 of Section VII of this Protocol, the inspecting Party may either cancel or carry out the inspection. If an inspection is cancelled due to circumstances brought about by force majeure or delay, then the number of inspections to which the inspecting Party is entitled shall not be reduced.

XI. Inspection Report

    1. For inspections conducted pursuant to paragraphs 3, 4, 5, 7, or 8 of Article XI of the Treaty, during post-inspection procedures, and no later than two hours after the inspection has been completed, the inspection team leader shall provide the in-country escort with a written inspection report in both the English and Russian languages. The report shall be factual. It shall include the type of inspection carried out, the inspection site, the number of missiles, stages of missiles, launchers and items of support equipment subject to the Treaty observed during the period of inspection and any measurements recorded pursuant to paragraph 11 of Section VI of this Protocol. Photographs taken during the inspection in accordance with agreed procedures, as well as the inspection site diagram provided for by paragraph 6 of Section VII of this Protocol, shall be attached to this report.

    2. For inspection activities conducted pursuant to paragraph 6 of Article XI of the Treaty, within 3 days after the end of each month, the inspection team leader shall provide the in-country escort with a written inspection report both in the English and Russian languages. The report shall be factual. It shall include the number of vehicles declared to contain a missile or stage of a missile as large or larger than and as heavy or heavier than an intermediate-range GLBM or longest stage of such a GLBM of the inspected Party that left the inspection site through the portal specified in paragraph 1 of Section IX of this Protocol during that month. The report shall also include any measurements of launch canisters or shipping containers contained in these vehicles recorded pursuant to paragraph 11 of Section VI of this Protocol. In the event the inspecting Party, under the provisions of paragraph 14(c) of Section IX of this Protocol, has viewed the interior of a launch canister or shipping container declared to contain a missile or stage of a missile as large or larger than and as heavy or heavier than an intermediate-range GLBM or longest stage of such a GLBM of the inspected Party, the report shall also include the measurements of the length and diameter of missile stages obtained during the inspection and recorded pursuant to paragraph 11 of Section VI of this Protocol. Photographs taken during the inspection in accordance with agreed procedures shall be attached to this report.

    3. The inspected Party shall have the right to include written comments in the report.

    4. The Parties shall, when possible, resolve ambiguities regarding factual information contained in the inspection report. Relevant clarifications shall be recorded in the report. The report shall be signed by the inspection team leader and by one of the members of the in-country escort. Each Party shall retain one copy of the report.

This Protocol is an integral part of the Treaty. It shall enter into force on the date of entry into force of the Treaty and shall remain in force as long as the Treaty remains in force. As provided for in paragraph 1(b) of Article XIII of the Treaty, the Parties may agree upon such measures as may be necessary to improve the viability and effectiveness of this Protocol. Such measures shall not be deemed amendments to the Treaty.

DONE at Washington on December 8, 1987, in two copies, each in the English and Russian languages, both texts being equally authentic.

FOR THE UNITED STATES OF AMERICA:
RONALD REAGAN

President of the United States of America

FOR THE UNION OF SOVIET SOCIALIST REPUBLICS:
M.S. GORBACHEV

General Secretary of the Central
Committee of the CPSU




ANNEX PROVISIONS ON PRIVILEGES AND IMMUNITIES OF INSPECTORS AND AIRCREW MEMBERS

In order to exercise their function effectively, for the purpose of implementing the Treaty and not for their personal benefit, the inspectors and aircrew members referred to in Section III of this Protocol shall be accorded the privileges and immunities contained in this Annex. Privileges and immunities shall be accorded for the entire in-country period in the country in which an inspection site is located, and thereafter with respect to acts previously performed in the exercise of official functions as an inspector or aircrew member.

    1. Inspectors and aircrew members shall be accorded the inviolability enjoyed by diplomatic agents pursuant to Article 29 of the Vienna Convention on Diplomatic Relations of April 18, 1961.

    2. The living quarters and office premises occupied by an inspector carrying out inspection activities pursuant to paragraph 6 of Article XI of the Treaty shall be accorded the inviolability and protection accorded the premises of diplomatic agents pursuant to Article 30 of the Vienna Convention on Diplomatic Relations.

    3. The papers and correspondence of inspectors and aircrew members shall enjoy the inviolability accorded to the papers and correspondence of diplomatic agents pursuant to Article 30 of the Vienna Convention on Diplomatic Relations. In addition, the aircraft of the inspection team shall be inviolable.

    4. Inspectors and aircrew members shall be accorded the immunities accorded diplomatic agents pursuant to paragraphs 1, 2 and 3 of Article 31 of the Vienna Convention on Diplomatic Relations. The immunity from jurisdiction of an inspector or an aircrew member may be waived by the inspecting Party in those cases when it is of the opinion that immunity would impede the course of justice and that it can be waived without prejudice to the implementation of the provisions of the Treaty. Waiver must always be express.

    5. Inspectors carrying out inspection activities pursuant to paragraph 6 of Article XI of the Treaty shall be accorded the exemption from dues and taxes accorded to diplomatic agents pursuant to Article 34 of the Vienna Convention on Diplomatic Relations.

    6. Inspectors and aircrew members of a Party shall be permitted to bring into the territory of the other Party or a basing country in which an inspection site is located, without payment of any customs duties or related charges, articles for their personal use, with the exception of articles the import or export of which is prohibited by law or controlled by quarantine regulations.

    7. An inspector or aircrew member shall not engage in any professional or commercial activity for personal profit on the territory of the inspected Party or that of the basing countries.

    8. If the inspected Party considers that there has been an abuse of privileges and immunities specified in this Annex, consultations shall be held between the Parties to determine whether such an abuse has occurred and, if so determined, to prevent a repetition of such an abuse.