ANNEX
AGREED STATEMENTS

In connection with the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms, the Parties have agreed as follows:

First Agreed Statement. The Parties agree, in the interest of the viability and effectiveness of the Treaty, not to transfer strategic offensive arms subject to the limitations of the Treaty to third States. The Parties further agree that this Agreed Statement and the provisions of Article XVI of the Treaty do not apply to any patterns of cooperation, including obligations, in the area of strategic offensive arms, existing at the time of signature of the Treaty, between a Party and a third State.

Second Agreed Statement. The Parties agree that, in the event of the emergence in the future of a new kind of arm that one Party considers could be a new kind of strategic offensive arm, that Party shall have the right to raise the question of such an arm for consideration by the Joint Compliance and Inspection Commission in accordance with subparagraph (c) of Article XV of the Treaty.

Third Agreed Statement. The Parties agree that, notwithstanding the provisions of paragraph 13 of Article V and subparagraph 4(d) of Article III of the Treaty, ICBMs of the type designated by the Union of Soviet Socialist Republics as RS-10, which is known to the United States of America as SS-11, may be deployed with no more than three reentry vehicles, provided that such reentry vehicles are not independently targetable.

Fourth Agreed Statement. The Parties agree that, in connection with the definition of the term "air-to-surface ballistic missile (ASBM)" provided for in the Annex to the Treaty on Terms and Their Definitions, hereinafter referred to as the Definitions Annex to the Treaty, the term is not intended to describe any missile that sustains flight, or any missile the payload of which sustains flight, through the use of aerodynamic lift over any portion of its flight path.

Fifth Agreed Statement. The Parties agree that the replacement of silo launchers of heavy ICBMs under the provisions of subparagraph 2(d) of Article V of the Treaty shall only take place in the case of silo launchers destroyed by accident or in the case of other exceptional circumstances that require the relocation of existing silo launchers of heavy ICBMs. If such relocation is required, the Party planning to construct the new silo launcher shall provide the other Party with the reasons and plans for such relocation in the Joint Compliance and Inspection Commission prior to carrying out such relocation.

Sixth Agreed Statement. The Parties agree that three airplanes of the type designated by the Union of Soviet Socialist Republics as 3M, which is known to the United States of America as Bison, have been converted to transport oversized cargo; are used for purposes unrelated to the Treaty; and are not reconnaissance airplanes, tanker airplanes, or jamming airplanes, and thus do not meet the definition of the term "former heavy bomber" provided for in the Definitions Annex to the Treaty. These airplanes are not included within the totals listed in Section IV of, or Annex C to, the Memorandum of Understanding. The Parties further agree that all other airplanes of the Bison type will be considered to be former heavy bombers.

Seventh Agreed Statement. The Parties agree that, with respect to the provisions of paragraph 1 of Article XIV of the Treaty authorizing operational dispersals, such dispersals shall be conducted only for national security purposes in time of crisis when a Party considers it necessary to act to ensure the survivability of its strategic forces. The Parties further agree that, while there are no limits on the number and frequency of such operational dispersals, in practice they will occur rarely.

Eighth Agreed Statement. The Parties agree that:

Ninth Agreed Statement. The Parties agree that, for the purposes of subparagraph 19(a) of Article V of the Treaty, lighter-than-air aircraft such as balloons, drifting aerostats, and dirigibles shall not be flight-tested with, equipped for, or deployed with nuclear armaments.

Tenth Agreed Statement. The Parties agree that:

Eleventh Agreed Statement. The Parties understand that the Conversion or Elimination Protocol does not provide procedures for the elimination of ICBMs for mobile launchers of ICBMs containing a stage equipped with a liquid-propellant main rocket engine or for the elimination of heavy bombers that have no tail sections. The Parties agree that such ICBMs and such heavy bombers shall not be eliminated until the appropriate procedures have been agreed within the framework of the Joint Compliance and Inspection Commission. The Parties further agree that such ICBMs and such heavy bombers may be otherwise removed from accountability in accordance with the applicable procedures provided for in Section VII or VIII of the Conversion or Elimination Protocol.

Twelfth Agreed Statement. The Parties agree that, notwithstanding the definition of the term "former heavy bomber" provided for in the Definitions Annex to the Treaty, the 37 airplanes designated by the Union of Soviet Socialist Republics as Tu-95RTs, which are known to the United States of America as Bear D, and all airplanes designated by the Union of Soviet Socialist Republics as Tu-142, which are known to the United States of America as Bear F or Bear J, depending on how a particular airplane is equipped, shall not be considered to be former heavy bombers. The Parties further agree that all airplanes formerly known to the United States of America as Bear E and now known as Bear T, which are designated by the Union of Soviet Socialist Republics as Tu-95U, shall be considered to be training heavy bombers.

Thirteenth Agreed Statement. The Parties agree that engineering models of silos may be located at the repair facility for ICBMs at Hill Air Force Base, Utah, United States of America, the number of which shall not exceed four. Such engineering models of silos shall be subject to the limitations on silo training launchers provided for in subparagraph 2(e) of Article IV of the Treaty, and they shall be specified in the Memorandum of Understanding as a separate category. Such engineering models of silos shall not be subject to inspection. The elimination of such engineering models of silos shall be carried out in accordance with procedures for silo training launchers in Section II of the Conversion or Elimination Protocol.

Fourteenth Agreed Statement. The Parties agree that, notwithstanding the provisions of subparagraph 11(a) of Article IV of the Treaty, the existing storage facilities for ICBMs located at Khrizolitovyy and Surovatikha, Union of Soviet Socialist Republics, shall be located no less than 20 kilometers from any deployment area, provided that the distance between such facilities and any restricted area or maintenance facility of an ICBM base for road-mobile launchers of ICBMs is no less than 60 kilometers. Such storage facilities shall not be re-established after they have been eliminated in accordance with the Conversion or Elimination Protocol.

Fifteenth Agreed Statement. The Parties agree that the existing training facility for ICBMs at Plesetsk, Union of Soviet Socialist Republics, shall not be subject to the locational restriction on training facilities for ICBMs, provided for in subparagraph 11(d) of Article IV of the Treaty, with respect to any existing test range. No more than 12 non-deployed mobile launchers of ICBMs may be located at this training facility for ICBMs. After its elimination in accordance with the Conversion or Elimination Protocol, this training facility for ICBMs shall not be re-established.

Sixteenth Agreed Statement. The Parties agree that, with respect to the provisions of subparagraph 9(d) of Article III of the Treaty, each ICBM launcher or SLBM launcher existing as of the date of signature of the Treaty is capable of launching only an ICBM or SLBM of the type specified for that launcher in the Memorandum of Understanding.

Seventeenth Agreed Statement. The Parties agree that the expression "not equipped" is understood to mean, for a heavy bomber or former heavy bomber, that such an airplane is not equipped for a particular kind of armament, which shall be confirmed by the necessary distinguishing features. Each Party shall determine the distinguishing features of its heavy bombers and former heavy bombers. If the other Party considers such distinguishing features to be insufficient, it may raise the issue within the framework of the Joint Compliance and Inspection Commission.

Eighteenth Agreed Statement. The Parties agree that, as of the date of signature of the Treaty, there are no heavy bombers permanently based at Andersen Air Force Base, Guam, and that it therefore has not been specified as an air base for heavy bombers in the Memorandum of Understanding. The Parties further agree that, if in the future the United States of America permanently bases heavy bombers at Andersen Air Force Base, Guam, all applicable provisions of the Treaty will apply to that facility, including those that provide for listing the facility in Annex C to the Memorandum of Understanding, for new facility inspections and data update inspections, and for notifications concerning the visits of heavy bombers and former heavy bombers.

Nineteenth Agreed Statement. The Parties agree that, in the event either Party wishes to develop mobile space launchers and space launch boosters associated with such launchers, the question could be addressed in the Joint Compliance and Inspection Commission. Such systems would be allowed, provided that:

Additional provisions relevant to such systems could also be agreed by the Parties within the framework of the Joint Compliance and Inspection Commission.

Twentieth Agreed Statement. The Parties agree that, notwithstanding the provisions of paragraph 4 of Article VII of the Treaty:

Twenty-first Agreed Statement. The Parties agree that, in providing notifications in accordance with paragraph 3 of Section I of the Notification Protocol for "each change in data for categories of data contained in the Memorandum of Understanding," only one notification shall be required for each event that results in changed data, notwithstanding the number of categories of data for which data must be changed based on the occurrence of such event.

Twenty-second Agreed Statement. The Parties agree that:

Twenty-third Agreed Statement. The Parties agree that, for the purposes of the prohibition of paragraph 25 of Article V of the Treaty and this Agreed Statement, the term "accessible" means able to be entered by waterborne craft on the surface of the water, while submerged, or while partially submerged. The Parties further agree that the Union of Soviet Socialist Republics will not make the underground structures located in the immediate vicinity of the Ara Inlet (Kola Peninsula), the Yagel'naya Submarine Base (Kola Peninsula), and the Pavlovskoye Submarine Base (Primorskiy Kray), all of which are used for purposes unrelated to the Treaty, accessible by any waterborne craft of any displacement whatsoever.

Twenty-fourth Agreed Statement. The Parties agree that, for the purposes of subparagraph 4(b) of Article III of the Treaty, a front section of a fundamentally new design would not have the essential features that are characteristic of any existing design of a front section with multiple reentry vehicles that has been deployed or tested on any ICBM or SLBM as of the date of entry into force of the Treaty. In particular, a front section of a fundamentally new design would not have a self-contained dispensing mechanism that dispenses reentry vehicles to different aim points sequentially. In addition, an ICBM or SLBM, the final stage of which executes a procedure for dispensing reentry vehicles, would not be considered to have a front section of a fundamentally new design. The Parties further agree that the fundamentally new nature of such a design would be verifiable by national technical means of verification.

Twenty-fifth Agreed Statement. The Parties agree that, with respect to the definition of the term "variant," an ICBM or SLBM of a type, a dimension of which differs from that of another ICBM or SLBM of the same type by more than three percent, but by less than the appropriate new type criteria, shall be considered to be a variant. The Parties further agree that a Party may declare an ICBM or SLBM to be a variant if its dimensions differ by less than three percent from those of another ICBM or SLBM of the same type.

Twenty-sixth Agreed Statement. The Parties agree that, subject to the limitations provided for in subparagraphs 4(b) and 11(c) of Article IV of the Treaty, a portion of the territory of an eliminated ICBM base may be declared to be a space launch facility after the following conditions are met:

The Parties further agree that, during a formerly declared facility inspection of the ICBM base, a portion of the territory of which has been declared as a space launch facility, the space launch facility shall not be subject to inspection.

Twenty-seventh Agreed Statement. The Parties agree that the six existing soft-site launchers located at Cape Canaveral, Florida, United States of America, shall be exempt from the provisions of paragraph 9 of Article V of the Treaty until such time that they contain or launch an ICBM or SLBM after the date of signature of the Treaty.

Twenty-eighth Agreed Statement. The Parties agree that a first stage of an ICBM or SLBM that is maintained, stored, and transported as an assembled missile without a launch canister, may be located separate from other stages of such a missile only at a production facility for such ICBMs or SLBMs; a location, specified in Annex I to the Memorandum of Understanding, where static testing of first stages occurs; a conversion or elimination facility for ICBMs or SLBMs, or, for ICBMs other than ICBMs for mobile launchers of ICBMs and for SLBMs, another location where such an ICBM or SLBM is eliminated; or an exhibition site. Such a first stage may be moved between these locations only in connection with an exhibition conducted pursuant to paragraph 11 of Article XI of the Treaty as well as in connection with the elimination of such ICBMs or SLBMs. If, however, such a first stage is located, separate from other stages of such a missile, at a location other than these locations, all ICBMs or SLBMs of that type shall thereafter be considered, for the purposes of the Treaty, to be ICBMs or SLBMs that are maintained, stored, and transported in stages, unless otherwise agreed.

The Parties further agree that an assembled missile or first stage of an ICBM that is maintained, stored, and transported as an assembled missile in its launch canister, may be located outside its launch canister only at a production facility for such ICBMs; for first stages of such ICBMs for mobile launchers of ICBMs, locations specified in Annex I to the Memorandum of Understanding, where solid rocket motors of ICBMs for mobile launchers of ICBMs may be tested with or without nozzles attached; for other such ICBMs not subject to the limitations contained in paragraph 10 of Article IV of the Treaty, a location, specified in Annex I to the Memorandum of Understanding, where static testing of first stages occurs; a conversion or elimination facility for ICBMs, or, for ICBMs other than ICBMs for mobile launchers of ICBMs, another location where such an ICBM is eliminated; or an exhibition site. Such a first stage may be moved between these locations only in connection with an exhibition conducted pursuant to paragraph 11 of Article XI of the Treaty as well as in connection with the elimination of such ICBMs. If, however, such a missile is located outside its launch canister, or such a first stage is located separate from other stages of such a missile, at a location other than these locations, all ICBMs of that type shall thereafter be considered, for the purposes of the Treaty, to be ICBMs that are maintained, stored, and transported in stages, unless otherwise agreed.

Twenty-ninth Agreed Statement. The Parties agree that the STARS booster shall not be considered to be the Polaris A-3 SLBM since that booster has a different number of stages. The STARS booster shall be considered to be a booster used only for research and development purposes, subject to the provisions of paragraph 12 of Article VII 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.

Thirtieth Agreed Statement. The Parties do not exclude the possibility that the bans on ballistic missiles on waterborne vehicles other than submarines and on launchers of such missiles contained in subparagraph 18(a) of Article V of the Treaty and the ban on air-to-surface ballistic missiles contained in subparagraph 18(d) of Article V of the Treaty shall not apply to launches of ICBMs and SLBMs from waterborne vehicles other than submarines or from airplanes, other than heavy bombers or former heavy bombers, for delivering objects into the upper atmosphere or space. Should the Parties reach agreement concerning the possibility of using ICBMs and SLBMs for delivering objects into the upper atmosphere or space from waterborne vehicles other than submarines or from such airplanes, provisions concerning procedures for such launches shall be agreed within the framework of the Joint Compliance and Inspection Commission. By this Agreed Statement, the Parties do not waive any of their obligations or rights related to the non-proliferation of missiles and missile technology, stipulated in the Washington Summit Joint Statement of June 1, 1990.

Thirty-first Agreed Statement. The Parties agree that the provisions of Article X of the Treaty and of the Telemetry Protocol shall not apply to objects launched by ICBMs or SLBMs used to deliver objects into the upper atmosphere or space, after such objects either are in orbit or have achieved escape velocity.

Thirty-second Agreed Statement. The Parties agree that, notwithstanding the provisions of subparagraph 3(b) of Section I of the Throw-weight Protocol and paragraph 1 of Section III and paragraph 4 of Section VII of the Notification Protocol, the Parties shall agree, within the framework of the Joint Compliance and Inspection Commission, on the procedures for establishing the throw-weight accountability of an ICBM or SLBM of a new type in the event that a Party deploys an ICBM or SLBM of that type prior to its eighth flight test.

Thirty-third Agreed Statement. The Parties agree that, for no more than two ballistic missile submarines of the United States of America that are equipped with Poseidon SLBMs and that are modified for use as special purpose submarines, the following provisions shall apply:

Thirty-fourth Agreed Statement. The Parties agree that, with respect to the criteria contained in subparagraph (f) of the definition of the term "new type" provided for in the Definitions Annex to the Treaty:

Thirty-fifth Agreed Statement. The Parties agree that, if a Party provides, during any one year, telemetry data tapes for a greater number of flight tests, the other Party shall reimburse the tape-associated costs resulting from the difference in the number of flight tests. The costs associated with the purchase of the tapes and the copying of telemetric information onto the tapes, as well as the procedure for the reimbursement, shall be subject to agreement in the Joint Compliance and Inspection Commission.

Thirty-sixth Agreed Statement. The Parties agree that, with regard to Ellsworth Air Force Base, South Dakota; Grand Forks Air Force Base, North Dakota; Minot Air Force Base, North Dakota; and Whiteman Air Force Base, Missouri, the Union of Soviet Socialist Republics may conduct no more than one inspection at each of these Air Force Bases of the United States of America at any one time.

Thirty-seventh Agreed Statement. The Parties agree that:

Thirty-eighth Agreed Statement. The Parties agree that there are no agreed provisions for establishing reference cylinders as provided for in the provisions in paragraph 23 of Section VI of the Inspection Protocol for ICBMs for mobile launchers of ICBMs containing a first stage equipped with a liquid-propellant main rocket engine. The Parties agree that such procedures will be agreed within the framework of the Joint Compliance and Inspection Commission prior to the deployment of such ICBMs.