Index

Russian-American consultations took place on January 19-21 in Geneva on the Start-3 Treaty and the ABM Treaty in accordance with the Russian and U.S. presidents' Joint Statement, adopted in Cologne in June of 1999. This document was presented to the Russians by the senior American negotiator, John D. Holum.

ANNEX TO THE PROTOCOL TO THE TREATY BETWEEN THE UNION OF SOVIET SOCIALIST REPUBLICS AND THE UNITED STATES OF AMERICA ON THE LIMITATION OF ANTI-BALLISTIC MISSILE SYSTEMS

In accordance with the provisions of the Protocol to the Treaty between the Union of Soviet Socialist Republics and the United States of America on the Limitation of Anti-ballistic Missile Systems signed ---------------------, 2000, hereinafter Protocol, the Parties hereby agree on the following steps to build confidence in compliance and ensure compliance with the provisions of the Treaty between the Union of Soviet Socialist Republics and the United States of America on the Limitation of Anti-ballistic Missile Systems, hereinafter Treaty, and of the Protocol.

Section I 1. In accordance herewith, the Parties shall carry out an initial exchange of information and notifications no later than 90 days after the Protocol enters into force. This exchange shall reflect data on the effective date of the Protocol. Unless otherwise agreed, this information shall be updated annually on January 1 of each year and shall be provided no later than April 1of that year. The annual update of information shall not be required to report data that remained unchanged since the previous information exchange. This information exchange shall not be required until the first installation by the United States of an anti-missile missile on an ABM launcher within an ABM system deployment region.

2. Each Party shall submit the following information on its missile defense system:

a) anti-missile missiles;

i) designation/name; type of warhead (nuclear; high-explosive fragmentation, neutron); the number of stages; the length and maximum diameter of the anti-missile missile, which by its configuration is intended both for installation on an ABM launcher and for storage; the type of fuel (solid or liquid); the length and maximum diameter of the anti-missile missile outside its launch container;

ii) the number and location, with regard to each facility, of the deployed anti-missile missiles (i.e., anti-missile missiles installed on ABM launchers within an ABM system deployment region) and non-deployed anti-missile missiles;

iii) photographs of each type of anti-missile missile that, by its configuration, is intended both for installation on an ABM launcher and for storage; each type of anti-missile missile outside its launch container; a silo loader indicated in paragraph 2, subparagraph d of this section;

b) ABM launchers:

i) designation/name; diameter;

ii) number and geographic coordinates of deployed ABM launchers;

c) ABM radars:

i) designation/name; frequency range (using designations accepted by the International Electrical Communications Union);

ii) the number and geographic coordinates of each ABM radar;

d) the number of silo loaders in the ABM deployment region and intended for installing anti-missile missiles in ABM launchers;

e) the general concept of the operation of the Party's missile defense system (in a form of the Party's choice);

f) the status of the Party's plans and programs with respect to its missile defense system (in a form of the Party's choice).

3. Each Party shall provide the following information with respect to ABM Test Ranges for testing its missile defense system;

a) the name and geographic coordinates of all such ABM test ranges;

b) the number and geographic coordinates of ABM launchers, ABM radars, anti-missile missile maintenance facilities and anti-missile missile storage facilities in the ABM test range.

4. Each Party shall report the name and geographic coordinates of each strategic ballistic missile attack warning radar.

5. Each Party shall provide the following information on the following facilities located outside its ABM system deployment area:

a) the name and geographic coordinates of all final assembly sites for anti-missile missiles, anti-missile missile maintenance facilities, and anti-missile missile storage facilities;

b) with respect to each facility subject to inspection in accordance with Section III herein, a diagram of the facility shall be provided to the other Parties in accordance with paragraph 1 herein or no later than 30 days after initial notification of a facility at which non-deployed anti-missile missiles are located in accordance with Section II, paragraph 7 hereof.

6. Each Party shall provide the following information on the region where its own ABM will be located:

a) a diagram of the entire deployment region showing the location of each ABM launcher, each anti-missile missile maintenance facility, and each anti-missile missile storage facility;

b) with respect to an ABM deployment region established after the Protocol enters into force, the Party shall provide a diagram of that region no later than 30 days prior to the installation of the first anti-missile missile on an ABM launcher within the ABM system deployment region. This diagram shall show the actual or planned location of each ABM launcher, each anti-missile missile maintenance facility, and each anti-missile missile storage facility.

Section II

In accordance with Section I, paragraph 1 of this Annex, each Party shall provide the following notifications of its ABM system. These notifications shall be provided within the bounds of the initial exchange of information and notifications. In the future these notifications will be provided in accordance with the provisions of this Section II.

The provision of these notifications is not required before the United States has installed an anti-missile missile on an ABM launcher within the ABM system deployment region.

1. Notifications provided under the initial information exchange as specified in Section I, paragraph 1 or no later than within 90 days of the date of commencement of:

a) any construction or assembly work which is not earthmoving (soil excavation) associated with the construction of anti-missile missiles; or

b) any construction or assembly work associated with the construction of antennae (arrays), structures associated with an ABM radar antenna or antenna pedestal supports that are not parts of buildings pertaining to ABM radars.

2. Notifications to be provided within no less than 90 days of the first installation of an anti-missile missile on an ABM launcher within the ABM system deployment region.

3. Notifications to be provided within no less than 10 days of the launch of an anti-missile missile. These notifications shall indicate the designation/name of the anti-missile missile and the geographic coordinates of the anti-missile missile launch site.

4. Notifications to be provided within no less than ----- days, of the maiden launch of each new type (to be defined by the Party providing the notification) of anti-missile missile.

5. Notifications to be provided no later than 48 hours after completion thereof, of the transit of an anti-missile missile between the ABM system deployment region, anti-missile missile maintenance facilities which are not within the ABM system deployment region, anti-missile missile storage facilities which are not within the ABM system deployment region, and anti-missile missile final assembly facilities.

6. Notifications to be provided no later than 5 days after completion thereof, of the dismantling or elimination of an anti-missile missile (including elimination as the result of an accident or elimination by launch).

7. Notifications of a facility not previously indicated in accordance with Section I, paragraph 5, subparagraph a and paragraph 6, subparagraph a to be provided no less than 30 days before the first arrival of an anti-missile missile at that facility.

Section III

1. Each Party shall have the right to perform the following inspection activity in accordance with procedures subject to the approval of the Parties. This inspection activity shall not be performed prior to the initial installation by the United States of an anti-missile missile on an ABM launcher within the ABM system deployment region:

a) commencing 30 days after the date of the initial installation of an anti-missile missile on an ABM launcher within the ABM system deployment region, but no less than 90 days after an agreement is reached on the specific procedures for performing this inspection, each Party shall have the right to perform inspections with respect to raw data to confirm the accuracy of the information submitted on the number and location of non-deployed anti-missile missiles and ABM launchers. These inspections shall be performed in the ABM system deployment region, including at anti-missile missile maintenance facilities and at anti-missile missile storage facilities within this ABM system deployment region;

b) commencing 60 days after the date of the initial installation of an anti-missile missile on an ABM launcher within the ABM system deployment region, but no less than 90 days after an agreement is reached on the specific procedures for performing this inspection, each Party shall have the right to perform a total of ----- short-notice site inspections in each treaty year to confirm the accuracy of the information provided on the numbers and locations of non-deployed anti-missile missiles and ABM launchers. These inspections shall be performed in the ABM system deployment region, including at anti-missile missile maintenance facilities and anti-missile missile storage facilities at the same locations.

2. If either Party has a concern with respect to compliance with the provisions of this Protocol, that Party may express this concern under the framework of the Standing Consultative Commission and request that specific measures be taken to alleviate this concern. These measures may include, but not be limited to, a visit with special right of access to a facility or place where, in the opinion of the requesting Party, the activity that raised the concern occurred. The receiving Party shall provide a response no later than 7 days after receipt of such request. The receiving Party's response shall include:

a) consent or refusal to take the proposed specific measure to alleviate the concern, including, if a visit with special access right is proposed, the date, place, and procedure for such visit; or

b) a proposal on a specific alternative measure to alleviate the concern, including, if a visit with special access right is proposed, the date, place, and procedures for such visit.

3. Each Party shall, in accordance with procedures subject to an agreement between the Parties, give demonstrations of each type (as defined by the Party giving the demonstration) of anti-missile missile and ABM launcher to be used in its ABM system. The goal of these demonstrations is to provide the opportunity to confirm the accuracy of dimensional information contained in the notifications to be provided in accordance with the provisions of Section 1, paragraph 2, subparagraph a and of paragraph 2, subparagraph b of this Annex:

a) with regard to anti-missile missiles and ABM launchers included in the initial exchange of information and notifications in accordance with Section I, paragraph 1 of this Annex, the time of these demonstrations shall be subject to agreement by the Parties;

b) with regard to anti-missile missiles and ABM launchers not included in the initial exchange of information and notifications in accordance with Section I, paragraph 1 of this Annex, these demonstrations shall be given within a 30-day period commencing:

i) with respect to anti-missile missiles, at a time and place subject to agreement by the Parties;

ii) with respect to ABM launchers, on the date of the initial installation of an anti-missile missile in such ABM launcher; [sic]

5. [sic] For the efficient performance of their functions in fulfillment of the provisions of this Annex, but not in their personal interest, inspectors shall be granted the same privileges and immunities enjoyed by diplomatic agents in accordance with the Vienna Conventions on Diplomatic Relations of April 18, 1961.

Section IV

1. Either Party may, on a voluntary basis, organize for the other Party a demonstration of its system or the components thereof or other activities pertaining to missile defense; an observation of the launchings of its anti-missile missiles; or a visit to facilities related to missile defense and the area where its missile defense system is located. In each specific case, the participating Parties shall agree in advance on the goal of these demonstrations, observations and visits and on the steps to accomplish them.

2. Each Party may, on a voluntary basis, provide any other information or any other notifications not mentioned in the other provisions of this Annex. In addition, either Party may, on a voluntary basis, provide information in accordance with Sections I and II hereof before this information is required to be provided. This information and these notifications shall be provided on the matters, to the extent, and within the timeframes that each Party itself shall determine.

Section V

1. Each Party shall use the channels of the Nuclear Risk Reduction Centers or equivalent intergovernmental communications channels to provide and receive notifications and to exchange information in accordance with the provisions of this Annex.

2. Each Party undertakes not to disclose information provided in accordance herewith except with the express consent of the Party that provided that information.

Section VI Upon the entry into force of the Protocol, the Parties undertake to propose and agree upon, within the framework of the Standing Consultative Commission, additional administrative and technical procedures that may be necessary to carry out the provisions of this Annex. These administrative and technical procedures shall be devised as quickly as possible.