September 26, 1997

REGULATIONS OF THE STANDING CONSULTATIVE COMMISSION

In accordance with Article VIII of the Memorandum of Understanding of September 26, 1997, Relating to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972, the United States of America, the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation and Ukraine have agreed as follows:

I

1. Each Party shall have the right to be represented on the Standing Consultative Commission, hereinafter referred to as the Commission.

2. Each Party shall designate a Commissioner, a Deputy Commissioner, and such members, advisors, and experts of its delegation to the Commission as it deems necessary.

3. Each Party shall have the right to participate in all activities of the Commission.

II

1. At any time, Commissioners may raise for discussion any matter that is within the competence of the Commission.

2. Commissioners may also, at any time, transmit to or request from the other Commissioners, oral or written communications.

3. Commissioners shall, when possible, inform each other in advance of matters to be raised for discussion in the Commission.

4. Commissioners shall alternately preside over the meetings of a session of the Commission, unless otherwise agreed.

5. Each Party may direct that the authorities and functions of a Commissioner may be exercised by a Deputy Commissioner or other authorized person.

6. The Commission may establish working groups to undertake such activities as it may direct, including studying and preparing specific matters.

III

1. The Commission shall be convened for sessions no less than twice a year. Such sessions proposed during the intersessional period shall be convened on a date, no later than 45 days after the date initially proposed, and with a duration agreed to by the United States of America and at least one other Party.

2. Agreement on the commencement date and duration of a forthcoming session may be reached by consensus during a session in progress.

3. During the intersessional period, any Commissioner may propose convening a session of the Commission by making a proposal or counter-proposal to the other Commissioners on the commencement date and duration of the forthcoming session at least 30 days in advance of the proposed commencement date of the session.

4. The agenda for a session of the Commission shall include all matters proposed by any Commissioner and communicated to the other Commissioners in advance of the session. Any matter raised during the session by any Commissioner may be considered in the Commission.

5. Sessions of the Commission shall be held in the city of Geneva, unless otherwise agreed.

IV

1. Any matter within the competence of the Commission may be the subject of an agreement.

2. Agreements may be recorded in any form acceptable to the Parties participating in the session.

3. The negotiation of the text of an agreement during a session of the Commission shall be done on the basis of consensus of the Parties participating in the session.

4. The United States of America shall notify, through diplomatic channels, all Parties not represented in a session of the Commission, of the final text of an agreement no later than 15 days after the final text has been negotiated in that session of the Commission.

5. A Party shall approve an agreement negotiated in the Commission by signing it in the Commission or by submitting an instrument of approval. In addition, an agreement shall be considered approved by a Party if it fails to submit a diplomatic note in accordance with subparagraph 7(b) of this Section, or if its objections are withdrawn pursuant to subparagraph 7(b) or paragraph 8 of this Section.

6. Each agreement negotiated in the Commission shall be considered adopted when all Parties have approved the agreement in accordance with paragraph 5 of this Section and shall enter into force on the date of its adoption, unless all Parties have agreed on a later date.

7. A Party that has not approved an agreement negotiated during a session of the Commission shall be bound by the agreement in one of two ways:

    (a) if it submits an instrument of approval to all other Parties; or

    (b) if it fails to submit a diplomatic note, specifying its objections to the agreement, to all other Parties within 30 days after receipt of a notification pursuant to paragraph 4 of this Section. Withdrawal of all of its objections by a Party shall be regarded as its approval of that agreement.

8. Any diplomatic note submitted in accordance with subparagraph 7(b) of this Section shall include the express intention of the objecting Party to address its objection in the next session of the Commission. Failure of an objecting Party to attend such session shall be considered its withdrawal of its objection unless that objection is renewed by diplomatic note to all other Parties prior to the closing of that session.

9. If the text of an agreement, negotiated in the Commission in accordance with paragraph 3 of this Section, is amended in order to resolve any Party's objection or for any other reason, the amended agreement shall constitute a new agreement subject to the provisions of paragraphs 4, 5, 6, 7 and 8 of this Section.

V

1. Matters raised and discussed in the Commission, as well as the results of discussions, and any agreements reached, may be recorded in documents which shall be done in English and Russian, both texts being equally authentic, and each Party shall be provided with a complete set of such documents.

2. The Commission shall conduct its proceedings in private and may not make its proceedings public without the express consent of all Commissioners. The texts of agreements adopted by the Parties may be made public, unless otherwise agreed.

3. The official languages of the Commission shall be English and Russian.

4. Each Party shall bear the expenses connected with its participation in the Commission.

VI

1. These Regulations shall supersede the Regulations of the Standing Consultative Commission approved in accordance with the Protocol of May 30, 1973. The provisions of the Memorandum of Understanding Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics Regarding the Establishment of a Standing Consultative Commission of December 21, 1972, shall apply to the extent that they are consistent with the provisions of these Regulations.

2. These Regulations shall enter into force simultaneously with entry into force of the Memorandum of Understanding of September 26, 1997, Relating to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972. The Commission may revise, repeal, or replace these Regulations to the extent and in such manner as the Commission deems necessary.

DONE at New York City on September 26, 1997, in five copies, each in the English and Russian languages, both texts being equally authentic.

FOR THE UNITED STATES OF AMERICA:
Stanley Riveles

FOR THE REPUBLIC OF BELARUS:
S. Agurtsou

FOR THE REPUBLIC OF KAZAKHSTAN:
K. Zhanbatyrov

FOR THE RUSSIAN FEDERATION:
V. Koltunov

FOR UKRAINE:
O. Rybak