26 September 1997


(Issued after the signing ceremony in New York 9/26) (370)

(The following fact on the First Agreed Statement of September 26,
1997, Relating to the ABM Treaty was released by the State Department
at the conclusion of the signing ceremony September 26.)

September 26,1997


First Agreed Statement of September 26 ,1997, Relating to the ARM

The First Agreed Statement is also referred to as the Agreed Statement
relating to lower-velocity theater ballistic missile defense (TMD)
systems. Under this Agreed Statement, lower-velocity TMD systems are
systems with interceptor missiles whose maximum demonstrated
velocities do not exceed, and have not exceeded, 3.0

Under the First Agreed Statement, land-based, sea-based, and air-based
components of lower-velocity TMD systems (i.e., interceptor missiles,
launchers, and radars) will be deemed compliant with the ABM Treaty,

-- During the testing of such TMD components or systems the ballistic
target-missile during the flight-test does not exceed:

-- A velocity of 5.0 kilometers/second, or

-- A range of 3500 kilometers.

There are no other conditions. The applicable provision of the ABM
Treaty, Article VI(a) prohibits giving non-ABM systems or their
components the capabilities to counter strategic ballistic missiles or
their elements in flight trajectory and prohibits testing them in an
ARM mode. TMD systems satisfying the requirements of the First Agreed
Statement are consistent with those Treaty obligations.

The First Agreed Statement does not constrain or prohibit these
lower-velocity TMD systems from operating with an architecture that
includes space-based cueing and external sensor support.

The U.S. compliance review process has independently determined that
the core U.S. lower-velocity TMD programs (Patriot PAC-3, THAAD, and
U.S. Navy Area Wide), as currently configured or designed, are fully
compliant with the ABM Treaty. These programs are consistent with the
provisions of the First Agreed Statement.

In addition, the agreement commits the Parties to implement on a
reciprocal basis the transparency and confidence-building measures
agreed upon in the separate, legally-binding Confidence-Building
Measures Agreement (CBMA). The First Agreed Statement will enter into
force simultaneously with the Memorandum of Understanding on
Succession (MOUS).