TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE UNION OF SOVIET SOCIALIST REPUBLICS ON UNDERGROUND NUCLEAR EXPLOSIONS FOR PEACEFUL PURPOSES (AND PROTOCOL THERETO)

In preparing the Threshold Test Ban Treaty (TTBT) in July 1974, the United States and the Soviet Union recognized the need to establish an appropriate agreement to govern underground nuclear explosions for peaceful purposes (PNEs). There is no essential distinction between the technology of a nuclear explosive device which would be used as a weapon and the technology of a nuclear explosive device used for a peaceful purpose.

Negotiations on the PNE agreement contemplated in Article III of the TTBT began in Moscow on October 7, 1974, and after six negotiating sessions over a period of 18 months, resulted in the Treaty on Underground Nuclear Explosions for Peaceful Purposes in April 1976. The agreement consists of a Treaty, a detailed protocol to the Treaty, and an agreed statement delineating certain important activities which do not constitute a peaceful application as that term is used in the Treaty.

The PNE Treaty governs all nuclear explosions carried out at locations outside the weapons test sites specified under the Threshold Test Ban Treaty.

In the PNE Treaty the United States and the Soviet Union agreed: not to carry out any individual nuclear explosions having a yield exceeding 150 kilotons; not to carry out any group explosion (consisting of a number of individual explosions) having an aggregate yield exceeding 1,500 kilotons; and not to carry out any group explosion having an aggregate yield exceeding 150 kilotons unless the individual explosions in the group could be identified and measured by agreed verification procedures. The parties also reaffirmed their obligations to comply fully with the Limited Test Ban Treaty of 1963.

The parties reserve the right to carry out nuclear explosions for peaceful purposes in the territory of another country if requested to do so, but only in full compliance with the yield limitations and other provisions of the PNE Treaty and in accord with the Non-Proliferation Treaty.

Articles IV and V of the PNE Treaty set forth the agreed verification arrangements. In addition to the use of national technical means, the Treaty states that information and access to sites of explosions will be provided by each side, and includes a commitment not to interfere with verification means and procedures.

The protocol to the PNE Treaty sets forth the specific agreed arrangements for ensuring that no weapon-related benefits precluded by the Threshold Test Ban Treaty are derived by carrying out a nuclear explosion used for peaceful purposes, including provisions for use of the hydrodynamic yield measurement method, seismic monitoring and on-site inspection.

The agreed statement that accompanies the Treaty specifies that a "peaceful application" of an underground nuclear explosion would not include the developmental testing of any nuclear explosive. Such testing must be carried out at the nuclear weapon test sites specified by the terms of the TTBT, and therefore, is treated as the testing of a nuclear weapon.

The provisions of the PNE Treaty, together with those of the TTBT, establish a comprehensive system of regulations to govern all underground nuclear explosions of the United States and the Soviet Union. The interrelationship of the TTBT and the PNE Treaty is further recognized by their identical five-year durations, and by the provision that neither party may withdraw from the PNE Treaty while the TTBT remains in force. Conversely, either party may withdraw from the PNE Treaty upon termination of the TTBT.

The PNET and the TTBT were both submitted to the Senate for its advice and consent on June 28, 1990. Following the Senate's approval of the treaties, the United States and the Soviet Union exchanged instruments of ratification and the treaties entered into force on December 11, 1990.

A Joint Consultative Commission was established to discuss any questions of compliance, to develop further details of the on-site inspection process as needed, and to facilitate cooperation in various areas related to which might be mutually beneficial.

Signed at Washington and Moscow May 28, 1976
Entered into force December 11, 1990

The United States of America and the Union of Soviet Socialist Republics, hereinafter referred to as the Parties,

Proceeding from a desire to implement Article III of the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Underground Nuclear Weapon Tests, which calls for the earliest possible conclusion of an agreement on underground nuclear explosions for peaceful purposes,

Reaffirming their adherence to the objectives and principles of the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, the Treaty on Non-Proliferation of Nuclear Weapons, and the Treaty on the Limitation of Underground Nuclear Weapon Tests, and their determination to observe strictly the provisions of these international agreements,

Desiring to assure that underground nuclear explosions for peaceful purposes shall not be used for purposes related to nuclear weapons,

Desiring that utilization of nuclear energy be directed only toward peaceful purposes,

Desiring to develop appropriately cooperation in the field of underground nuclear explosions for peaceful purposes,

Have agreed as follows:

1. The Parties enter into this Treaty to satisfy the obligations in Article III of the Treaty on the Limitation of Underground Nuclear Weapon Tests, and assume additional obligations in accordance with the provisions of this Treaty.

2. This Treaty shall govern all underground nuclear explosions for peaceful purposes conducted by the Parties after March 31, 1976.

For the purposes of this Treaty:

(a) "explosion" means any individual or group underground nuclear explosion for peaceful purposes;

(b) "explosive" means any device, mechanism or system for producing an individual explosion;

(c) "group explosion" means two or more individual explosions for which the time interval between successive individual explosions does not exceed five seconds and for which the emplacement points of all explosives can be interconnected by straight line segments, each of which joins two emplacement points and each of which does not exceed 40 kilometers.

1. Each Party, subject to the obligations assumed under this Treaty and other international agreements, reserves the right to:

(a) carry out explosions at any place under its jurisdiction or control outside the geographical boundaries of test sites specified under the provisions of the Treaty on the Limitation of Underground Nuclear Weapon Tests; and

(b) carry out, participate or assist in carrying out explosions in the territory of another State at the request of such other State.

(a) any individual explosion having a yield exceeding 150 kilotons;

(b) any group explosion:

(1) having an aggregate yield exceeding 150 kilotons except in ways that will permit identification of each individual explosion and determination of the yield of each individual explosion in the group in accordance with the provisions of Article IV of and the Protocol to this Treaty;

(2) having an aggregate yield exceeding one and one-half megatons;

(c) any explosion which does not carry out a peaceful application;

(d) any explosion except in compliance with the provisions of the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, the Treaty on the Non-Proliferation of Nuclear Weapons, and other international agreements entered into by that Party.

1. For the purpose of providing assurance of compliance with the provisions of this Treaty, each Party shall:

(a) use national technical means of verification at its disposal in a manner consistent with generally recognized principles of international law; and

(b) provide to the other Party information and access to sites of explosions and furnish assistance in accordance with the provisions set forth in the Protocol to this Treaty.

1. To promote the objectives and implementation of the provisions of this Treaty, the Parties shall establish promptly a Joint Consultative Commission within the framework of which they will:

(a) consult with each other, make inquiries and furnish information in response to such inquiries, to assure confidence in compliance with the obligations assumed;

(b) consider questions concerning compliance with the obligations assumed and related situations which may be considered ambiguous;

(c) consider questions involving unintended interference with the means for assuring compliance with the provisions of this Treaty;

(d) consider changes in technology or other new circumstances which have a bearing on the provisions of this Treaty; and

(e) consider possible amendments to provisions governing underground nuclear explosions for peaceful purposes.

1. The Parties will develop cooperation on the basis of mutual benefit, equality, and reciprocity in various areas related to carrying out underground nuclear explosions for peaceful purposes.

2. The Joint Consultative Commission will facilitate this cooperation by considering specific areas and forms of cooperation which shall be determined by agreement between the Parties in accordance with their constitutional procedures.

3. The Parties will appropriately inform the International Atomic Energy Agency of results of their cooperation in the field of underground nuclear explosions for peaceful purposes.

1. Each Party shall continue to promote the development of the international agreement or agreements and procedures provided for in Article V of the Treaty on the Non-Proliferation of Nuclear Weapons, and shall provide appropriate assistance to the International Atomic Energy Agency in this regard.

2. Each Party undertakes not to carry out, participate or assist in the carrying out of any explosion in the territory of another State unless that State agrees to the implementation in its territory of the international observation and procedures contemplated by Article V of the Treaty on the Non-Proliferation of Nuclear Weapons and the provisions of Article IV of and the Protocol to this Treaty, including the provision by that State of the assistance necessary for such implementation and of the privileges and immunities specified in the Protocol.

1. This Treaty shall remain in force for a period of five years, and it shall be extended for successive five-year periods unless either Party notifies the other of its termination no later than six months prior to its expiration. Before the expiration of this period the Parties may, as necessary, hold consultations to consider the situation relevant to the substance of this Treaty. However, under no circumstances shall either Party be entitled to terminate this Treaty while the Treaty on the Limitation of Underground Nuclear Weapon Tests remains in force.

2. Termination of the Treaty on the Limitation of Underground Nuclear Weapon Tests shall entitle either Party to withdraw from this Treaty at any time.

3. Each Party may propose amendments to this Treaty. Amendments shall enter into force on the day of the exchange of instruments of ratification of such amendments.

1. This Treaty, including the Protocol which forms an integral part hereof, shall be subject to ratification in accordance with the constitutional procedures of each Party. This Treaty shall enter into force on the day of the exchange of instruments of ratification which exchange shall take place simultaneously with the exchange of instruments of ratification of the Treaty on the Limitation of Underground Nuclear Weapon Tests.

2. This Treaty shall be registered pursuant to Article 102 of the Charter of the United Nations.

DONE at Washington and Moscow, on May 28, 1976, in duplicate, in the English and Russian languages, both texts being equally authentic.

FOR THE UNITED STATES OF AMERICA:
GERALD R. FORD
The President of the United States of America

FOR THE UNION OF SOVIET SOCIALIST REPUBLICS:

L. BREZHNEV
General Secretary of the Central Committee of the CPSU

PROTOCOL TO THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE UNION OF SOVIET SOCIALIST REPUBLICS ON UNDERGROUND NUCLEAR EXPLOSIONS FOR PEACEFUL PURPOSES

The United States of America and the Union of Soviet Socialist Republics, hereinafter referred to as the Parties,

Having agreed to the provisions in the Treaty on Underground Nuclear Explosions for Peaceful Purposes, hereinafter referred to as the Treaty,

Have agreed as follows:

1. No individual explosion shall take place at a distance, in meters, from the ground surface which is less than 30 times the 3.4 root of its planned yield in kilotons.

2. Any group explosion with a planned aggregate yield exceeding 500 kilotons shall not include more than five individual explosions, each of which has a planned yield not exceeding 50 kilotons.

1. For each explosion, the Party carrying out the explosion shall provide the other Party:

(a) not later than 90 days before the beginning of emplacement of the explosives when the planned aggregate yield of the explosion does not exceed 100 kilotons, or not later than 180 days before the beginning of emplacement of the explosives when the planned aggregate yield of the explosion exceeds 100 kilotons, with the following information to the extent and degree of precision available when it is conveyed:
(1) the purpose of the planned explosion;

(2) the location of the explosion expressed in geographical coordinates with a precision of four or less kilometers, planned date and aggregate yield of the explosion;

(3) the type or types of rock in which the explosion will be carried out, including the degree of liquid saturation of the rock at the point of emplacement of each explosive; and

(4) a description of specific technological features of the project, of which the explosion is a part, that could influence the determination of its yield and confirmation of purpose; and

(b) not later than 60 days before the beginning of emplacement of the explosives the information specified in subparagraph 1(a) of this article to the full extent and with the precision indicated in that subparagraph.

(a) the number of explosives, the planned yield of each explosive, the location of each explosive to be used in a group explosion relative to all other explosives in the group with a precision of 100 or less meters, the depth of emplacement of each explosive with a precision of one meter and the time intervals between individual explosions in any group explosion with a precision of one-tenth second; and

(b) a description of specific features of geological structure or other local conditions that could influence the determination of the yield.

4. For each explosion with a planned aggregate yield exceeding 100 kilotons, the Party carrying out the explosion shall provide the other Party, not later than 60 days before the beginning of emplacement of the explosives, with:

(a) information on locations and purposes of facilities and installations which are associated with the conduct of the explosion;

(b) information regarding the planned date of the beginning of emplacement of each explosive; and

(c) a topographic plan in local coordinates of the areas specified in paragraph 7 of Article IV, at a scale of 1:24,000 or 1:25,000 with a contour interval of 10 meters or less.

(a) the Party deciding to carry out an explosion for such purposes shall inform the other Party of that decision immediately after it has been made and describe such circumstances;

(b) the planned aggregate yield of an explosion for such purpose shall not exceed 100 kilotons; and

(c) the Party carrying out an explosion for such purpose shall provide to the other Party the information specified in paragraph 1 of this article, and the information specified in paragraphs 2 and 3 of this article if applicable, after the decision to conduct the explosion is taken, but not later than 30 days before the beginning of emplacement of the explosives.

7. Prior to the explosion, the Party carrying out the explosion shall provide the other Party with timely notification of changes in the information provided in accordance with this article.

8. The explosion shall not be carried out earlier than 90 days after notification of any change in the information provided in accordance with this article which requires more extensive verification procedures than those required on the basis of the original information, unless an earlier time for carrying out the explosion is agreed between the Parties.

9. Not later than 90 days after each explosion the Party carrying out the explosion shall provide the other Party with the following information:

(a) the actual time of the explosion with a precision of one-tenth second and its aggregate yield;

(b) when the planned aggregate yield of a group explosion exceeds 50 kilotons, the actual time of the first individual explosion with a precision of one-tenth second, the time interval between individual explosions with a precision of one milli-second and the yield of each individual explosion; and

(c) confirmation of other information provided in accordance with paragraphs 1, 2, 3 and 4 of this article and explanation of any changes or corrections based on the results of the explosion.

1. For the purposes of this Protocol:

(a) "designated personnel" means those nationals of the other Party identified to the Party carrying out an explosion as the persons who will exercise the rights and functions provided for in the Treaty and this Protocol; and

(b) "emplacement hole" means the entire interior of any drill-hole, shaft, adit or tunnel in which an explosive and associated cables and other equipment are to be installed.

(a) confirmation that the local circumstances, including facilities and installations associated with the project, are consistent with the stated peaceful purposes;

(b) confirmation of the validity of the geological and geophysical information provided in accordance with Article II through the following procedures:

(1) examination by designated personnel of research and measurement data of the Party carrying out the explosion and of rock core or rock fragments removed from each emplace-ment hole, and of any logs and drill core from existing exploratory holes which shall be provided to designated personnel upon their arrival at the site of the explosion;

(2) examination by designated personnel of rock core or rock fragments as they become available in accordance with the procedures specified in subparagraph 2(b)(3) of this article; and

(3) observation by designated personnel of implementation by the Party carrying out the explosion of one of the following four procedures, unless this right is waived by the other Party:

(i) construction of that portion of each emplacement hole starting from a point nearest the entrance of the emplacement hole which is at a distance, in meters, from the nearest emplacement point equal to 30 times the cube root of the planned yield in kilotons of the explosive to be emplaced at that point and continuing to the completion of the emplacement hole; or

(ii) construction of that portion of each emplacement hole starting from a point nearest the entrance of the emplacement hole which is at a distance, in meters, from the nearest emplacement point equal to six times the cube root of the planned yield in kilotons of the explosive to be emplaced at that point and continuing to the completion of the emplacement hole as well as the removal of rock core or rock fragments from the wall of an existing exploratory hole, which is substantially parallel with and at no point more than 100 meters from the emplacement hole, at locations specified by designated personnel which lie within a distance, in meters, from the same horizon as each emplacement point of 30 times the cube root of the planned yield in kilotons of the explosive to be emplaced at that point; or

(iii) removal of rock core or rock fragments from the wall of each emplacement hole at locations specified by designated personnel which lie within a distance, in meters, from each emplacement point of 30 times the cube root of the planned yield in kilotons of the explosive to be emplaced at each such point; or

(iv) construction of one or more new exploratory holes so that for each emplacement hole there will be a new exploratory hole to the same depth as that of the emplacement of the explosive, substantially parallel with and at no point more than 100 meters from each emplacement hole, from which rock cores would be removed at locations specified by designated personnel which lie within a distance, in meters, from the same horizon as each emplacement point of 30 times the cube root of the planned yield in kilotons of the explosive to be emplaced at each such point:

(c) observation of the emplacement of each explosive, confirmation of the depth of its emplacement and observation of the stemming of each emplacement hole;

(d) unobstructed visual observation of the area of the entrance to each emplacement hole at any time from the time of emplacement of each explosive until all personnel have been withdrawn from the site for the detonation of the explosion; and

(e) observation of each explosion.

3. Designated personnel, using equipment provided in accordance with paragraph 1 of Article IV, shall have the right, for any explosion with a planned aggregate yield exceeding 150 kilotons, to determine the yield of each individual explosion in a group explosion in accordance with the provisions of Article VI.

4. Designated personnel, when using their equipment in accordance with paragraph 1 of Article IV, shall have the right, for any explosion with planned aggregate yield exceeding 500 kilotons, to emplace, install and operate under the observation and with the assistance of personnel of the Party carrying out the explosion, if such assistance is requested by designated personnel, a local seismic network in accordance with the provisions of paragraph 7 of Article IV. Radio links may be used for the transmission of data and control signals between the seismic stations and the control center. Frequencies, maximum power output of radio transmitters, directivity of antennas and times of operation of the local seismic network radio transmitters before the explosion shall be agreed between the Parties in accordance with Article X and time of operation after the explosion shall conform to the time specified in paragraph 7 of Article IV.

5. Designated personnel shall have the right to:

(a) acquire photographs under the following conditions:
(1) the Party carrying out the explosion shall identify to the other Party those personnel of the Party carrying out the explosion who shall take photographs as requested by designated personnel;

(2) photographs shall be taken by personnel of the Party carrying out the explosion in the presence of designated personnel and at the time requested by designated personnel for taking such photographs. Designated personnel shall determine whether these photographs are in conformity with their requests and, if not, additional photographs shall be taken immediately;

(3) photographs shall be taken with cameras provided by the other Party having built-in, rapid developing capability and a copy of each photograph shall be provided at the completion of the development process to both Parties;

(4) cameras provided by designated personnel shall be kept in agreed secure storage when not in use; and

(5) the request for photographs can be made, at any time, of the following:

(i) exterior views of facilities and installations associated with the conduct of the explosion as described in subparagraph 4(a) of Article II;

(ii) geological samples used for confirmation of geological and geophysical information, as provided for in subparagraph 2(b) of this article and the equipment utilized in the acquisition of such samples;

(iii) emplacement and installation of equipment and associated cables used by designated personnel for yield determination;

(iv) emplacement and installation of the local seismic network used by designated personnel;

(v) emplacement of the explosives and the stemming of the emplacement hole; and

(vi) containers, facilities and installations for storage and operation of equipment used by designated personnel;

(b) photographs of visual displays and records produced by the equipment used by designated personnel and photographs within the control centers taken by cameras which are component parts of such equipment; and

(c) receive at the request of designated personnel and with the agreement of the Party carrying out the explosion supplementary photographs taken by the Party carrying out the explosion.

1. Designated personnel in exercising their rights and functions may choose to use the following equipment of either Party, of which choice the Party carrying out the explosion shall be informed not later than 150 days before the beginning of emplacement of the explosives:

(a) electrical equipment for yield determination and equipment for a local seismic network as described in paragraphs 3, 4 and 7 of this article; and

(b) geologists field tools and kits and equipment for recording of field notes.

3. A complete set of electrical equipment for yield determination shall consist of:

(a) sensing elements and associated cables for transmission of electrical power, control signals and data;

(b) equipment of the control center, electrical power supplies and cables for transmission of electrical power, control signals and data; and

(c) measuring and calibration instruments, maintenance equipment and spare parts necessary for ensuring the functioning of sensing elements, cables and equipment of the control center.

(a) seismic stations each of which contains a seismic instrument, electrical power supply and associated cables and radio equipment for receiving and transmission of control signals and data or equipment for recording control signals and data;

(b) equipment of the control center and electrical power supplies; and

(c) measuring and calibration instruments, maintenance equipment and spare parts necessary for ensuring the functioning of the complete network.

6. In case designated personnel, in accordance with paragraph 1 of this article, choose to use their own equipment for yield determination and their own equipment for a local seismic network, the following procedures shall apply:

(a) the Party carrying out the explosion shall be provided by the other Party with the equipment and information specified in subparagraphs (a)(1) and (a)(2) of this paragraph not later than 150 days prior to the beginning of emplacement of the explosives in connection with which such equipment is to be used in order to permit the Party carrying out the explosion to familiarize itself with such equipment, if such equipment and information has not been previously provided, which equipment shall be returned to the other Party not later than 90 days before the beginning of emplacement of the explosives. The equipment and information to be provided are:
(1) one complete set of electrical equipment for yield determination as described in paragraph 3 of this article, electrical and mechanical design information, specifications and installation and operating instructions concerning this equipment; and

(2) one complete set of equipment for the local seismic network described in paragraph 4 of this article, including one seismic station, electrical and mechanical design information, specifications and installation and operating instructions concerning this equipment;

(b) not later than 35 days prior to the beginning of emplacement of the explosives in connection with which the following equipment is to be used, two complete sets of electrical equipment for yield determination as described in paragraph 3 of this article and specific installation instructions for the emplacement of the sensing elements based on information provided in accordance with subparagraph 2(a) of Article VI and two complete sets of equipment for the local seismic network as described in paragraph 4 of this article, which sets of equipment shall have the same components and technical characteris-tics as the corresponding equipment specified in subparagraph 6(a) of this article, shall be delivered in sealed containers to the port of entry;

(c) The Party carrying out the explosion shall choose one of each of the two sets of equipment described above which shall be used by designated personnel in connection with the explosions;

(d) the set or sets of equipment not chosen for use in connection with the explosion shall be at the disposal of the Party carrying out the explosion for a period that may be as long as 30 days after the explosion at which time such equipment shall be returned to the other Party;

(e) the set or sets of equipment chosen for use shall be transported by the Party carrying out the explosion in the sealed containers in which this equipment arrived, after seals of the Party carrying out the explosion have been affixed to them, to the site of the explosion, so that this equipment is delivered to designated personnel for emplacement, installation and operation not later than 20 days before the beginning of emplacement of the explosives. This equipment shall remain in the custody of designated personnel in accordance with paragraph 7 of Article V or in agreed secure storage. Personnel of the Party carrying out the explosion shall have the right to observe the use of this equipment by designated personnel during the time the equipment is at the site of the explosion. Before the beginning of emplacement of the explosives, designated personnel shall demonstrate to personnel of the Party carrying out the explosion that this equipment is in working order;

(f) each set of equipment shall include two sets of components for recording data and associated calibration equipment. Both of these sets of components in the equipment chosen for use shall simultaneously record data. After the explosion, and after duplicate copies of all data have been obtained by designated personnel and the Party carrying out the explosion, one of each of the two sets of components for recording data and associated calibration equipment shall be selected, by an agreed process of chance, to be retained by designated personnel. Designated personnel shall pack and seal such components for recording data and associated calibration equipment which shall accompany them from the site of the explosion to the port of exit; and

(g) all remaining equipment may be retained by the Party carrying out the explosion for a period that may be as long as 30 days, after which time this equipment shall be returned to the other Party.

8. The Party carrying out the explosion shall have the right to examine in the presence of designated personnel all equipment, instruments and tools of designated personnel specified in subparagraph 1(b) of this article.

9. The Joint Consultative Commission will consider proposals that either Party may put forward for the joint development of standardized equipment for verification purposes.

(a) for an explosion with a planned aggregate yield exceeding 100 kilotons in accordance with paragraph 2 of Article III:
(1) to the locations of facilities and installations associated with the conduct ofthe explosion provided in accordance with subparagraph 4(a) of Article II; and

(2) to the locations of activities described in paragraph 2 of Article III; and

(b) for any explosion with a planned aggregate yield exceeding 150 kilotons, in addition to the access described in subparagraph 1(a) of this article:
(1) to other locations within the area circumscribed by circles of 10 kilometers in radius centered on points on the surface of the earth above the points of emplacement of the explosives in order to confirm that the local circumstances are consistent with the stated peaceful purposes;

(2) to the locations of the components of the electrical equipment for yield determination to be used for recording data when, by agreement between the Parties, such equipment is located outside the area described in subparagraph 1(b)(1) of this article; and

(3) to the sites of emplacement of the equipment of the local seismic network provided for in paragraph 7 of Article IV.

2. The Party carrying out the explosion shall notify the other Party of the procedure it has chosen from among those specified in subparagraph 2(b)(3) of Article III not later than 30 days before beginning the implementation of such procedure. Designated personnel shall have the right to be present at the site of the explosion to exercise their rights and functions in the areas and at the locations described in paragraph 1 of this article for a period of time beginning two days before the beginning of the implementation of the procedure and continuing for a period of three days after the completion of this procedure.

3. Except as specified in paragraph 5 of this article, designated personnel shall have the right to be present in the areas and at the locations described in paragraph 1 of this article:

(a) for an explosion with a planned aggregate yield exceeding 100 kilotons but not exceeding 150 kilotons, in accordance with paragraph 2 of Article III, at any time beginning five days before the beginning of emplacement of the explosives and continuing after the explosion and after safe access to evacuated areas has been established according to standards determined by the Party carrying out the explosion for a period of two days; and

(b) for any explosion with a planned aggregate yield exceeding 150 kilotons, at any time beginning 20 days before the beginning of emplacement of the explosives and continuing after the explosion and after safe access to evacuated areas has been established according to standards determined by the Party carrying out the explosion for a period of:

(1) five days in the case of an explosion with a planned aggregate yield exceeding 150 kilotons but not exceeding 500 kilotons; or

(2) eight days in the case of an explosion with a planned aggregate yield exceeding 500 kilotons.

5. Designated personnel shall not have or seek access by physical, visual or technical means to the interior of the canister containing an explosive, to documentary or other information descriptive of the design of an explosive nor to equipment for control and firing of explosives. The Party carrying out the explosion shall not locate documentary or other information descriptive of the design of an explosive in such ways as to impede the designated personnel in the exercise of their rights and functions.

6. The number of designated personnel present at the site of an explosion shall not exceed:

(a) for the exercise of their rights and functions in connection with the confirmation of the geological and geophysical information in accordance with the provisions of subparagraph 2(b) and applicable provisions of paragraph 5 of Article III -- the number of emplacement holes plus three;

(b) for the exercise of their rights and functions in connection with confirming that the local circumstances are consistent with the information provided and with the stated peaceful purposes in accordance with the provisions in subparagraphs 2(a), 2(c), 2(d) and 2(e) and applicable provisions of paragraph 5 of Article III -- the number of explosives plus two;

(c) for the exercise of their rights and functions in connection with confirming that the local circumstances are consistent with the information provided and with the stated peaceful purposes in accordance with the provisions in subparagraphs 2(a), 2(c), 2(d) and 2(e) and applicable provisions of paragraph 5 of Article III and in connection with the use of electrical equipment for determination of the yield in accordance with paragraph 3 of Article III -- the number of explosives plus seven; and

(d) for the exercise of their rights and functions in connection with confirming that the local circumstances are consistent with the information provided and with the stated peaceful purposes in accordance with the provisions in subparagraphs 2(a), 2(c), 2(d) and 2(e) and applicable provisions of paragraph 5 of Article III and in connection with the use of electrical equipment for determination of the yield in accordance with paragraph 3 of Article III and with the use of the local seismic network in accordance with paragraph 4 of Article III -- the number of explosives plus 10.

8. The Party carrying out an explosion shall assure for designated personnel telecommuni-cations with their authorities, transportation and other services appropriate to their presence and to the exercise of their rights and functions at the site of the explosion.

9. The expenses incurred for the transportation of designated personnel and their equipment to and from the site of the explosion, telecommunications provided for in paragraph 8 of this article, their living and working quarters, subsistence and all other personal expenses shall be the responsibility of the Party other than the Party carrying out the explosion.

10. Designated personnel shall consult with the Party carrying out the explosion in order to coordinate the planned program and schedule of activities of designated personnel with the program of the Party carrying out the explosion for the conduct of the project so as to ensure that designated personnel are able to conduct their activities in an orderly and timely way that is compatible with the implementation of the project. Procedures for such consultations shall be established in accordance with Article X.

For any explosion with a planned aggregate yield exceeding 150 kilotons, determination of the yield of each explosive used shall be carried out in accordance with the following provisions:

1. Determination of the yield of each individual explosion in the group shall be based on measurements of the velocity of propagation, as a function of time, of the hydrodynamic shock wave generated by the explosion, taken by means of electrical equipment described in paragraph 3 of Article IV.

2. The Party carrying out the explosion shall provide the other Party with the following information:

(a) not later than 60 days before the beginning of emplacement of the explosives, the length of each canister in which the explosive will be contained in the corresponding emplacement hole, the dimensions of the tube or other device used to emplace the canister and the cross-sectional dimensions of the emplacement hole to a distance, in meters, from the emplacement point 10 times the cube root of its yield in kilotons;

(b) not later than 60 days before the beginning of emplacement of the explosives, a description of materials, including their densities, to be used to stem each emplacement hole; and

(c) not later than 30 days before the beginning of emplacement of the explosives, for each emplacement hole of a group explosion, the local coordinates of the point of emplacement of the explosive, the entrance of the emplacement hole, the point of the emplacement hole most distant from the entrance, the location of the emplacement hole at each 200 meters distance from the entrance and the configuration of any known voids larger than one cubic meter located within the distance, in meters, of 10 times the cube root of the planned yield in kilotons measured from the bottom of the canister containing the explosive. The error in these coordinates shall not exceed one percent of the distance between the emplacement hole and the nearest other emplacement hole or one percent of the distance between the point of measure-ment and the entrance of the emplacement hole, whichever is smaller, but in no case shall the error be required to be less than one meter.

3. The Party carrying out the explosion shall emplace for each explosive that portion of the electrical equipment for yield determination described in subparagraph 3(a) of Article IV, supplied in accordance with paragraph 1 of Article IV, in the same emplacement hole as the explosive in accordance with the installation instructions supplied under the provisions of paragraph 5 or 6 of Article IV. Such emplacement shall be carried out under the observation of designated personnel. Other equipment specified in subparagraph 3(b) of Article IV shall be emplaced and installed:

(a) by designated personnel under the observation and with the assistance of personnel of the Party carrying out the explosion, if such assistance is requested by designated personnel; or

(b) in accordance with paragraph 5 of Article IV.

4. That portion of the electrical equipment for yield determination described in subparagraph 3(a) of Article IV that is to be emplaced in each emplacement hole shall be located so that the end of the electrical equipment which is farthest from the entrance to the emplacement hole is at a distance, in meters, from the bottom of the canister containing the explosive equal to 3.5 times the cube root of the planned yield in kilotons of the explosive when the planned yield is less than 20 kilotons and three times the cube root of the planned yield in kilotons of the explosive when the planned yield is 20 kilotons or more. Canisters longer than 10 meters containing the explosive shall only be utilized if there is prior agreement between the Parties establishing provisions for their use. The Party carrying out the explosion shall provide the other Party with data on the distribution of density inside any other canister in the emplacement hole with a transverse cross-sectional area exceeding 10 square centimeters located within a distance, in meters, of 10 times the cube root of the planned yield in kilotons of the explosion from the bottom of the canister containing the explosive. The Party carrying out the explosion shall provide the other Party with access to confirm such data on density distribution within any such canister.

5. The Party carrying out an explosion shall fill each emplacement hole, including all pipes and tubes contained therein which have at any transverse section an aggregate cross-sectional area exceeding 10 square centimeters in the region containing the electrical equipment for yield determination and to a distance, in meters, of six times the cube root of the planned yield in kilotons of the explosive from the explosive emplacement point, with material having a density not less than seven-tenths of the average density of the surrounding rock, and from that point to a distance of not less than 60 meters from the explosive emplacement point with material having a density greater than one gram per cubic centimeter.

6. Designated personnel shall have the right to:

(a) confirm information provided in accordance with subparagraph 2(a) of this article;

(b) confirm information provided in accordance with subparagraph 2(b) of this article and be provided, upon request, with a sample of each batch of stemming material as that material is put into the emplacement hole; and

(c) confirm the information provided in accordance with subparagraph 2(c) of this article by having access to the data acquired and by observing, upon their request, the making of measurements.

7. For those explosives which are emplaced in separate holes, the emplacement shall be such that the distance D, in meters, between any explosive and any portion of the electrical equipment for determination of the yield of any other explosive in the group shall be not less than 10 times the cube root of the planned yield in kilotons of the larger explosive of such a pair of explosives. Individual explosions shall be separated by time intervals, in milliseconds, not greater than one-sixth the amount by which the distance D, in meters, exceeds 10 times the cube root of the planned yield in kilotons of the larger explosive of such a pair of explosives.

8. For those explosives in a group which are emplaced in a common emplacement hole, the distance, in meters, between each explosive and any other explosive in that emplacement hole shall be not less than 10 times the cube root of the planned yield in kilotons of the larger explosive of such a pair of explosives, and the explosives shall be detonated in sequential order, beginning with the explosive farthest from the entrance to the emplacement hole, with the individual detonations separated by time intervals, in milliseconds, of not less than one times the cube root of the planned yield in kilotons of the largest explosive in this emplacement hole.

2. At all times while designated personnel are in the territory of the Party carrying out the explosion, their persons, property, personal baggage, archives and documents as well as their temporary official and living quarters shall be accorded the same privileges and immunities as provided in Articles 22, 23, 24, 29, 30, 31, 34 and 36 of the Vienna Convention on Diplomatic Relations of 1961 to the persons, property, personal baggage, archives and documents of diplomatic agents as well as to the premises of diplomatic missions and private residences of diplomatic agents.

3. Without prejudice to their privileges and immunities it shall be the duty of designated personnel to respect the laws and regulations of the State in whose territory the explosion is to be carried out insofar as they do not impede in any way whatsoever the proper exercising of their rights and functions provided for by the Treaty and this Protocol.

The Party carrying out an explosion shall have sole and exclusive control over and full responsibility for the conduct of the explosion.

1. Nothing in the Treaty and this Protocol shall affect proprietary rights in information made available under the Treaty and this Protocol and in information which may be disclosed in preparation for and carrying out of explosions; however, claims to such proprietary rights shall not impede implementation of the provisions of the Treaty and this Protocol.

2. Public release of the information provided in accordance with Article II or publication of material using such information, as well as public release of the results of observation and measurements obtained by designated personnel, may take place only by agreement with the Party carrying out an explosion; however, the other Party shall have the right to issue statements after the explosion that do not divulge information in which the Party carrying out the explosion has rights which are referred to in paragraph 1 of this article.

The Joint Consultative Commission shall establish procedures through which the Parties will, as appropriate, consult with each other for the purpose of ensuring efficient implementation of this Protocol.

DONE at Washington and Moscow, on May 28, 1976.

FOR THE UNITED STATES OF AMERICA:
GERALD R. FORD
The President of the United States of America

FOR THE UNION OF SOVIET SOCIALIST REPUBLICS:
L. BREZHNEV
General Secretary of the Central Committee of the CPSU.

May 13, 1976

The Parties to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on Underground Nuclear Explosions for Peaceful Purposes, hereinafter referred to as the Treaty, agree that under subparagraph 2(c) of Article III of the Treaty:

(a) Development testing of nuclear explosives does not constitute a "peaceful application" and any such development tests shall be carried out only within the boundaries of nuclear weapon test sites specified in accordance with the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Underground Nuclear Weapon Tests;

(b) Associating test facilities, instrumentation or procedures related only to testing of nuclear weapons or their effects with any explosion carried out in accordance with the Treaty does not constitute a "peaceful application."