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[1]

--------------------, the Parties 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 May 26, 1972, with amendments introduced by the Protocol of July 3, 1974, hereinafter referred to as the Treaty,

Recognizing the importance of the Treaty for strategic stability,

Noting the commitment of the Parties to the Treaty to consider proposals to increase the viability of the Treaty as necessary,

Considering changes in the strategic situation that have occurred as a result of the proliferation among states of weapons of mass destruction and long-range ballistic missiles which threaten international peace and security,

Recognizing the necessity of protecting their citizens and, consequently, their territories from the threat that these states will use long-range ballistic missiles and recognizing that this threat is increasing and that the defensive capabilities necessary to protect against this threat must also increase, from which it follows that the Treaty must be updated as necessary to permit the creation of the necessary defense,

Intending to adapt the Treaty to these changes in the strategic situation,

Proceeding from the understanding that the deployment of ABM systems for limited defense of their respective national territories will neither threaten nor allow a threat to the strategic deterrent forces of either Party,

Undertaking to carry out this deployment on the basis of cooperation and transparency, and

Reaffirming their commitment to continue consultations aimed at strengthening and improving the efficacy of the Treaty,

Have agreed as follows:

Article I

The United States of America and the Russian Federation shall be permitted to deploy a missile defense system for purposes of limited defense of their national territory against limited long-range ballistic missile strikes as an alternative to deploying the ABM systems permitted by Articles I and III of the Treaty.

Article II

The limited territorial missile defense system permitted by Article I hereof shall be subject to the following provisions:

a) With regard to the provisions of Article I of the Treaty, the United States and the Russian Federation may each deploy no more than 100 ABM launchers and no more than 100 antimissile missiles at launching positions within one deployment region within their national territory. The radius of this limited territorial defense deployment region may not exceed 150 km;

b) With regard to the provisions of Article VI, subparagraph a and Article IX of the Treaty, the United States and the Russian Federation shall be permitted to enable strategic ballistic missile attack warning radars in existence on December 1, 1999 to perform ABM radar functions to support the limited territorial missile defense system deployed in accordance herewith;

c) The United States and the Russian Federation may deploy one additional ABM radar each at any site within their national territory.

Article III

If the United States or the Russian Federation decides to deploy a limited territorial missile defense system pursuant to the provisions hereof as an alternative to deploying the missile defense permitted by Articles I and III of the Treaty,

a) ABM launchers deployed in accordance with Article III of the Treaty that are not operational, under construction or undergoing testing, overhaul, repair, or refurbishment on December 1, 1999 will not have to be dismantled or destroyed. These launchers shall not be counted in the number provided for by Article II, subparagraph a hereof;

b) ABM launchers deployed pursuant to Article III of the Treaty that are operational, under construction or undergoing testing, major overhaul, repair, or refurbishment as of December 1, 1999 shall be dismantled or destroyed so that there shall be no more than 100 ABM launchers deployed at any time;

c) ABM radars deployed pursuant to Article III of the Treaty on December 1, 1999 will not have to be dismantled or destroyed.

Article IV

To increase confidence in compliance and ensure compliance with the Treaty and with this Protocol, the Parties shall carry out the provisions of the Annex, which shall be an integral part hereof.

Article V

Except for changes specified hereby, all existing rights and duties of the Parties to the Treaty shall remain in force and shall be applicable to the limited national defense system.

Article VI

At the request of one of the Parties, but no sooner than March 1, 2001, the Parties shall commence good faith negotiations to review this Protocol to take into account further changes in the strategic situation caused by the proliferation of weapons of mass destruction and long-range ballistic missiles which therefore might require deployment of more effective limited national territorial defense systems necessary to counter these long-range missiles.

Article VII This Protocol shall be subject to ratification in accordance with the constitutional procedures of each Party and shall enter into force on the day of exchange of the Protocol ratification instruments.