TREATIES AND AGREEMENTS

PROCEDURES GOVERNING REPLACEMENT, DISMANTLING OR DESTRUCTION, AND NOTIFICATION THEREOF, FOR ABM SYSTEMS AND THEIR COMPONENTS

I. General

1. These Procedures shall constitute an integral part of the Protocol on Procedures Governing Replacement, Dismantling or Destruction, and Notification Thereof, for ABM Systems and Their Components of July 3, 1974, and shall be considered the second attachment to that Protocol. The Procedures shall apply to ABM systems or their components, when they are being replaced within a deployment area on the basis of Article VII of the Treaty on the Limitation of ABM Systems of May 26, 1972, hereinafter referred to as the Treaty, as well as when a deployment area of an ABM system or its components is being exchanged on the basis of the Protocol to the Treaty of July 3, 1974.

2. Replacement of an ABM system or its components within a deployment area or exchange of a deployment area of an ABM system or its components shall be carried out so that components of an ABM system, as defined in Article II of the Treaty, in their total number and composition, shall be consistent with the provisions of Article III of the Treaty.

3. When an ABM system or its components are being replaced within a deployment area or when a deployment area of an ABM system or its components is being exchanged, for each type of component being deployed or replaced an event, verifiable by national technical means, shall be identified which indicates the initiation of its deployment or the initiation of its dismantling or destruction. After such an event, a component correspondingly shall be included in the number specified by the Treaty and Protocol thereto for such components or shall be excluded therefrom.

4. Within a deployment area of an ABM system or its components replacement of an ABM system shall be carried out by replacing its components. Dismantling or destruction of components being replaced and deployment of replacement components of an ABM system shall be carried out in accordance with the provisions of Section II and III of these Procedures.

5. If a replacement component of an ABM system is deployed at the location of the ABM system component being replaced, so that dismantling or destruction of the latter is a necessary part of the construction or installation of the replacement component, the manner and extent of dismantling or destruction of the component being replaced shall be at the discretion of the Party carrying out the replacement. Removal and replacement of ABM interceptor missiles shall be carried out at the discretion of the Party carrying out such replacement, subject to compliance with the provisions of Article III of the Treaty.

6. Exchange of a deployment area of an ABM system or its components shall be carried out through coordinated activities with respect to the dismantling or destruction of the ABM system or its components in the area being exchanged and with respect to the deployment of the ABM system or its components in the replacement area pursuant to the provisions of the Protocol to the Treaty and Section IV of these Procedures.

7. Notification of the replacement of components of an ABM system, both within a deployment area and when the deployment area of an ABM system or its components is being exchanged, shall be given twice annually in the Standing Consultative Commission at the beginning of regular SCC sessions, reflecting the actual status as of the beginning of that session and covering the period since the last notification in the Commission.

In this connection, the Party carrying out the replacement shall notify the other Party of the number and type (above-ground or silo) of ABM launchers, of the number and type (large phased-array ABM radars or ABM radars with a potential less than three million) of ABM radars, and of the number of ABM radar complexes, on which dismantling or destruction has been completed and is in process, and of the number of ABM launchers, ABM radars and ABM radar complexes which have been replaced.

8. Notification of the exchange of the deployment area of an ABM system or its components shall be given in the Standing Consultative Commission pursuant to Article II of the Protocol to the Treaty. Such notification shall be given before initiation within the replacement area of any construction activities associated with the exchange of the deployment area of an ABM system or its components and shall contain the time of initiation of these activities as well as the location of the new deployment area (the direction and distance to the new area in relation to the center of the area being exchanged).

Upon completion of dismantling or destruction of the ABM system or its components in the area being exchanged, the Party which has carried out the exchange of the deployment area of the ABM system or its components shall notify the other Party of having carried out the exchange of the area, at the next regular session of the Standing Consultative Commission.

9. Each Party may on a voluntary basis add other information to the notifications if it considers such information necessary to assure confidence in compliance with the obligations assumed under the Treaty.

II. Procedures for ABM Launchers

1. Subject to compliance with the limitations provided for in the Treaty and the Protocol thereto, ABM launchers may be replaced by above-ground or silo ABM launchers within a deployment area as well as when the deployment area of an ABM system or its components is being exchanged.

2. With respect to replacement of ABM launchers within a deployment area of an ABM system or its components, as well as when the deployment area is being exchanged:

(b) Removal from the launch site of all above-ground launcher elements, and in addition, for a silo launcher, dismantling or destruction and removal from the launch site of the silo door or cover and dismantling or destruction of the headworks shall constitute initiation of dismantling or destruction of ABM launchers (above-ground and silo) being replaced, after which they shall not be subject to the limitations provided for in Article III of the Treaty.

(c) Prior to initiation of dismantling or destruction of ABM launchers (above-ground and silo) being replaced, all ABM interceptor missiles associated with them, as well as the warheads for these interceptor missiles, shall be removed from the launch site.

3. When carrying out dismantling or destruction of ABM launchers being replaced, the following actions shall be accomplished:

(b) Above-ground structures and headworks of ABM silo launchers shall be dismantled or destroyed; dismantled or destroyed silo doors or covers, as well as equipment associated with these launchers, shall be removed from the launch sites. The silo shall be destroyed by dismantling or destroying its concrete elements to a depth of at least five meters from the upper edge of the headworks. The silo shaft shall remain open for at least six months.

4. Deployment of replacement ABM launchers within the deployment area of an ABM system or its components shall be initiated no earlier than initiation of dismantling or destruction of the ABM launchers being replaced in that area.

5. Dismantling or destruction of ABM launchers being replaced shall be completed no later than three months after initiation thereof as defined in subparagraph 2(b) of this Section of the Procedures. Debris remaining after dismantling or destruction of ABM launchers (above-ground and silo) may be removed, and after six months the former ABM launcher locations may be covered with earth.

III. Procedures for ABM Radars and ABM Radar Complexes

1. Subject to compliance with the limitations provided for in the Treaty and the Protocol thereto, ABM radars and ABM radar complexes may be replaced within a deployment area, as well as when the deployment area of an ABM system or its components is being exchanged.

ABM Radars

2. With respect to replacement of ABM radars within a deployment area of an ABM system or its components, as well as when the deployment area is being exchanged:

(b) Removal or destruction of antenna protective covers, dismantling or destruction of antennas (arrays) and antenna structures, as well as opening of those parts of ABM radar buildings in which antennas (arrays) had been mounted, shall constitute initiation of dismantling or destruction of ABM radars being replaced, after which they shall not be subject to the limitations provided for in Article III of the Treaty.

3. When carrying out dismantling or destruction of ABM radars being replaced, the following actions shall be accomplished:

(b) Antenna protective covers shall be dismantled or destroyed.

(c) ABM radar antennas (arrays) with their structures or with antenna pedestal supports which are not parts of ABM radar buildings as well as the pads occupied by the bases and reinforcements of such supports shall be dismantled or destroyed. The dismantled elements shall be removed from the ABM radar sites.

(d) Those parts of ABM radar buildings in which antennas (arrays) had been mounted as integral parts thereof shall be opened and destroyed in such a manner that there will remain no more than half of the perimeter of the opening formed as a result of opening that part of the building where antennas (arrays) had been mounted. The buildings shall remain in such a condition for six months, after which they may be restored but not beyond that level to which destruction is required.

(e) Debris remaining after completion of dismantling or destruction of ABM radars may be removed after six months.

4. Deployment of replacement ABM radars within the deployment area of an ABM system or its components shall be initiated no earlier than the initiation of dismantling or destruction of the ABM radars being replaced in that area, and shall be carried out in such a manner that it will not cause the number of ABM radars to exceed the number specified in Article III, subparagraph (b) of the Treaty, subject to compliance with the provisions of that subparagraph and the applicable Agreed Statements concerning the potential of radars.

5. Dismantling or destruction of ABM radars being replaced, which are components of the ABM system currently deployed by each Party, shall be completed without unreasonable delays no later than one year after initiation thereof as defined in subparagraph 2(b) of this Section of the Procedures.

6. After dismantling or destruction of ABM radars has been completed in accordance with the above procedures, facilities remaining at ABM radar sites may, at the discretion of the Parties, be used for purposes which are not inconsistent with the provisions of the Treaty.

ABM Radar Complexes

7. With respect to replacement of ABM radar complexes within a deployment area of an ABM system or its components, as well as when the deployment area is being exchanged:

(b) The initiation of dismantling or destruction, as defined in subparagraph 2(b) of this Section of the Procedures, of all ABM radars of each ABM radar complex being replaced shall constitute initiation of dismantling or destruction of ABM radar complexes being replaced, after which they shall not be subject to the limitations provided for in Article III of the Treaty.

8. Deployment of replacement ABM radar complexes within the deployment area of an ABM system or its components shall be initiated no earlier than the initiation of dismantling or destruction of ABM radar complexes being replaced in that area, and shall be carried out in such a manner that it will not cause the number of ABM radar complexes to exceed the number specified in Article III, subparagraph (a) of the Treaty, subject to compliance with the provisions of that subparagraph concerning the size and circular shape of the area of each ABM radar complex.

9. Dismantling or destruction of ABM radar complexes being replaced shall be completed by dismantling or destruction of all ABM radars of each ABM radar complex being replaced in accordance with paragraph 3 of this Section of the Procedures no later than one year after initiation thereof as defined in subparagraph 7(b) of this Section of the Procedures.

IV. Procedures for Exchange of the Deployment Area of an ABM System or its Components

1. When the deployment area of an ABM system or its components is being exchanged, no construction activity associated with the deployment of an ABM system or its components in the replacement area shall begin until appropriate notification is given to the other Party pursuant to Article II of the Protocol to the Treaty and Section I, paragraph 8, of these Procedures.

2. When the deployment area of an ABM system or its components is being exchanged:

(b) Initiation of deployment, as defined in Section III, subparagraph 2(a) of these Procedures, of even one ABM radar, including one which is part of an ABM radar complex, in the replacement area shall be carried out no earlier than completion of the initiation of dismantling or destruction, as defined in Section III, subparagraph 2(b) of these Procedures, of all ABM radars, including those which are parts of ABM radar complexes, in the area being exchanged.

3. Prior to completion of dismantling or destruction of 50 percent of the number of ABM launchers, ABM radars or ABM radar complexes in the area being exchanged, the Party carrying out the exchange may initiate deployment of no more than 50 percent of the number of ABM launchers, ABM radars or ABM radar complexes which is specified in Article III of the Treaty for the replacement deployment area of an ABM system or its components.

4. Each Party may, at its discretion, completely dismantle or destroy the ABM system and its components in the area being exchanged, and thereafter deploy an ABM system or its components in the other area permitted in Article III of the Treaty and the Protocol thereto, provided that, prior to initiation of construction, notification is given pursuant to Article II of the Protocol to the Treaty and Section I, paragraph 8, of these Procedures.

5. When the deployment area of an ABM system or its components centered on the national capital is being exchanged, those non-phased-array ABM radars which were operational within that area on the date of signature of the Treaty shall be dismantled or destroyed.

When carrying out dismantling or destruction of these ABM radars, the following actions shall be accomplished:

(b) Antennas, antenna structures and ABM radar equipment shall be dismantled and removed from the radar site.

Buildings and facilities remaining after dismantling or destruction of these ABM radars may be used for purposes not inconsistent with the provisions of the Treaty.

Dismantling or destruction of these ABM radars shall be completed no later than accomplishment of the other actions provided for in these Procedures for exchange of the deployment area of an ABM system or its components.

6. Dismantling or destruction of ABM launchers, ABM radars and ABM radar complexes within the area being exchanged shall be carried out in accordance with Section II, paragraphs 3 and 5, and Section III, paragraphs 3, 5 and 9 of these Procedures.