PROTOCOL TO THE COMPREHENSIVE NUCLEAR TEST-BAN TREATY

The Protocol to the Comprehensive Nuclear Test-Ban Treaty is divided into three parts. Part I is titled "The International Monitoring System and International Data Centre Functions," Part II is titled "On-Site Inspections," and Part III is titled "Confidence-Building Measures." All three Parts of the Protocol provide procedures to be used in the implementation of the Treaty.

Part I of the Protocol provides details on the IMS and the IDC of the Technical Secretariat and also elaborates on the basic rights and obligations of the States Parties regarding the IMS and the IDC. Part I also provides information on IDC standard products, IDC services to States Parties, national event screening, and technical assistance.

Part II of the Protocol provides detailed information on the procedures for the on-site inspection regime of the Treaty, including the designation of inspectors, points of entry for the inspection team, the on-site inspection request, and privileges and immunities of the inspection team. Article IV, Section D of the Treaty provides the basic rights and obligations of the States Parties under the on-site inspection regime.

Part III of the Protocol provides details on confidence-building measures of the Treaty. These measures are not mandatory and are to be carried out on a voluntary basis by the States Parties. The confidence-building measures that are provided for in Part III include notification of chemical explosions of 300 metric tons, or greater, TNT-equivalent, and invitations to representatives of the Technical Secretariat and States Parties to visit a State Party's territory. Article IV, Section E of the Treaty contains the undertaking by each State Party to cooperate with the Organization and States Parties to implement the measures as set out in Part III.

Part I

The International Monitoring System and
International Data Center Functions

Background

Part I of the Protocol consists of six Sections General Provisions, Seismological Monitoring, Radionuclide Monitoring, Hydroacoustic Monitoring, Infrasound Monitoring, and the International Data Center (IDC).

The formal verification regime of the Treaty involves the cooperative establishment and international operation of four worldwide networks of sensors, continuously monitoring for indications of nuclear tests. This international system, the IMS, consists of seismic monitoring stations, radionuclide monitoring stations, hydroacoustic monitoring stations, and infrasound monitoring stations. Data from the seismic, radionuclide, hydroacoustic, and infrasound networks will be collected, analyzed, and disseminated by the IDC. The IMS, along with on-site inspections, consultation and clarification, and information exchanges (voluntary confidence-building measures), will constitute the Treaty's verification system.

A. General Provisions

Section A of Part I of the Protocol consists of five paragraphs that address the general Treaty provisions concerning the IMS and the IDC. Paragraph 1 of that Section provides that the IMS shall be comprised of monitoring facilities as set out in Article IV, paragraph 16 of the Treaty, and respective means of verification. Article IV, paragraph 16 lists the facilities that comprise the IMS: seismic monitoring; radionuclide monitoring including certified laboratories; hydroacoustic monitoring; infrasound monitoring; and respective means of communication.

Paragraph 2 of Section A provides that the monitoring facilities that shall be incorporated into the IMS (those noted in Article IV, paragraph 16) shall consist of those that are set forth in Annex 1 to the Protocol. Annex 1 provides the list of seismological stations comprising the primary network (of which there are 50), the list of seismological stations comprising the auxiliary network (of which there are 120), the list of radionuclide stations (of which there are 80), the list of radionuclide laboratories (of which there are 16), the list of hydroacoustic stations (of which there are 11), and the list of infrasound stations (of which there are 60).

It should be noted that changes can be made to the list of IMS stations in the Annex. Article IV, paragraphs 23 through 25 of the Treaty address the method for such changes. Briefly, States Parties can agree to add or delete a monitoring technology pursuant to the amendment procedures of the Treaty (Article VII, paragraphs 1 to 6 of the Treaty). However, changes to the number of facilities for a specific monitoring technology, and changes to other details for a specific facility in Annex 1 (such as the name of the facility) can be carried out as an administrative or technical change to the Treaty, requiring the simplified procedure provided in Article VII, paragraphs 7 and 8 of the Treaty. More information on these two methods for making changes to the Treaty text can be found in the analysis of the Article VII provisions of the Treaty.

Paragraph 2 also provides that the IMS shall fulfill the technical and operational requirements specified in the relevant operational manuals. The Preparatory Commission Document provides that the Preparatory Commission will develop and prepare for adoption by the Conference operational manuals for the four monitoring technologies, in addition to an operational manual for the IDC (see para. 14(b) of the Preparatory Commission Text). Article II, paragraph 26(h) of the Treaty provides that the Conference of the States Parties shall consider and approve at its initial session a number of documents that are developed and recommended by the Preparatory Commission.

Annex 1 of the Preparatory Commission Document provides that the compilation of the above mentioned manuals will require the Preparatory Commission to develop, spell out and approve all necessary technical and operational details required to ensure the effective operation of the IMS, inter alia:

    (a) the technical specifications and operational requirements for the relevant facilities in each global monitoring network;

    (b) procedures for the provision of data to the IDC, including transmission formats and modalities;

    (c) procedures for facility security and for data authentication; and

    (d) procedures for checking of monitoring facility equipment and communications links by the Technical Secretariat, and for facility certification (including for cooperating national facilities and for their designation as such).

The Preparatory Commission Document provides further elaboration an what should be included in operational manuals for each monitoring technology. For example, the operational manual for radionuclide monitoring will include procedures for the integration of relevant meteorological data if appropriate, and for hydroacoustic monitoring, the Preparatory Commission must develop the different technical specifications and operational requirements for the two different types of facilities envisaged (hydrophone stations and T-phase stations).

Paragraph 3 of Part I provides that the Organization, in accordance with Article II of the Treaty (which addresses the Organization in detail), shall, in cooperation and consultation with the States Parties, with other states, and with international organizations as appropriate, establish and coordinate the operation and maintenance, and any future agreed modification or development, of the IMS.

Paragraph 4 of Part I sets forth the obligations of states that are hosting or otherwise taking responsibility for monitoring facilities of the IMS. It clearly establishes the fact that monitoring facilities may be hosted by a state that is not a party to the Treaty. In accordance with appropriate agreements or arrangements and procedures, a State Party or other state that is hosting or otherwise taking responsibility for IMS facilities shall agree and cooperate with the Technical Secretariat in establishing, operating, upgrading, financing, and maintaining monitoring facilities, related certified laboratories and respective means of communication within areas under its jurisdiction or control or elsewhere in conformity with international law. Such cooperation shall be in accordance with the security and authentication requirements and technical specifications contained in the relevant operational manuals. The Technical Secretariat shall be given the authority, by the state hosting the facility, to access a monitoring facility for checking equipment and communication links, and the state shall agree to make the necessary changes in the equipment and the operational procedures to meet agreed requirements. These requirements will be developed by the Preparatory Commission (see paragraph 5 below). The Technical Secretariat shall also provide to that state appropriate technical assistance as is deemed by the Executive Council to be required for the proper functioning of the facility as part of the IMS.

Paragraph 5 provides that the modalities for the cooperation referred to in paragraph 4 of this Section between the Organization and the States Parties or states that are hosting or otherwise taking responsibility for monitoring facilities shall be set out in agreements or arrangements as appropriate in each individual case. In this respect, the Preparatory Commission Text provides that the Preparatory Commission shall develop draft agreements or arrangements with relevant states, in particular with those prospectively hosting or otherwise taking responsibility for IMS facilities that shall be approved by the Conference of States Parties, as provided in Article II, paragraph 26(h) of the Treaty (see paragraph 12(b) of the Preparatory Commission Text).

B. Seismic Monitoring

Section B of Part I of the Protocol, which consists of three paragraphs, sets forth details regarding the seismic monitoring of the IMS. Paragraph 6 provides that each State Party undertakes to cooperate in an international exchange of seismic data to assist in the verification of compliance with the Treaty. This cooperation shall include the establishment and operation of a global network of primary and auxiliary seismic monitoring stations, (as listed in Annex 1 to this Protocol). Lastly, these stations will provide data in accordance with agreed procedures to the IDC.

Paragraph 7 provides that the primary stations shall consist of the 50 stations specified in Table 1-A of Annex 1 to the Protocol. The primary stations shall fulfill the technical and operational requirements specified in the Operational Manual for Seismological Monitoring and the International Exchange of Seismological Data. The primary stations will provide uninterrupted data from the station transmitted, directly or through a national data center, on-line to the IDC. The uninterrupted aspect of data transmission to the IDC is what makes these stations "primary."

Paragraph 8 addresses auxiliary seismic stations. The primary seismic stations shall be supplemented by an auxiliary network of 120 stations that shall provide information to the IDC upon request directly or through a national data center. These stations are listed in Table 1-B of Annex 1 to this Protocol. Auxiliary stations shall fulfill the technical and operational requirements specified in the Operational Manual for Seismological Monitoring and the International Exchange of Seismological Data. Data from the auxiliary stations including stored data recorded earlier may at any time be requested by the IDC and shall be immediately available through on-line computer connections.

C. Radionuclide Monitoring

Section C of Part I of the Protocol, which consists of three paragraphs, provides details about the radionuclide monitoring stations for the IMS. Paragraph 9 provides that each State Party undertakes to cooperate in an international exchange of data on radionuclides in the atmosphere to assist in the verification of compliance with the Treaty. Such cooperation shall include the establishment and operation of a global network of radionuclide monitoring stations and certified laboratories. The network shall provide data in accordance with agreed procedures to the IDC.

Paragraph 10 points the reader to Annex 1, Table 2-A of the Protocol, where the 80 radionuclide stations that will measure radionuclides in the atmosphere are listed. Each of the 80 stations must be capable of monitoring the presence of relevant particulate matter in the atmosphere. Paragraph 10 also provides that 40 stations from those listed in Table 2-A of Annex 1 to the Protocol shall be capable of monitoring the presence of relevant noble gases upon entry into force of the Treaty. During the negotiations, the United States proposed that all 80 radionuclide stations should have the capability to detect noble gasses. Other states questioned whether the need for noble gas monitoring capability justified the costs involved. All states agreed to a compromise of at least 40 noble gas stations. Noble gas monitoring will aid detection of underground nuclear tests that vent radioactive gases. This may be particularly useful in the detection of underground nuclear tests conducted evasively.

To implement this requirement, the United States anticipates that the Preparatory Commission will designate 40 of the stations listed in Table 2-A for noble gas monitoring capability and install such capability prior to entry into force of the Treaty. The Preparatory Commission's designation of which 40 stations of those listed in Table 2-A shall be capable of providing noble gas monitoring will be submitted to the Conference at its initial session for its consideration and approval (see Article II, paragraph 26(h) of the Treaty). In addition, at the Conference's first regular session, the Conference shall consider and decide on a plan for implementing noble gas monitoring capability throughout the network. A report on the modalities for the implementation of noble gas monitoring capability throughout the network shall be prepared by the Director-General, who shall provide it to the Conference. Lastly, paragraph 10 provides that all monitoring stations of the network shall fulfill the technical and operational requirements specified in the Operational Manual for Radionuclide Monitoring and the International Exchange of Radionuclide Data.

Table 2-B of Annex 1 to the Protocol lists the radionuclide laboratories that will support the radionuclide monitoring system. These laboratories, all of which currently exist, are to be used by the Organization to perform analysis of samples from radionuclide monitoring stations. They must be certified by the Technical Secretariat in accordance with the relevant operational manual. All shall be on contract to the Organization and shall be paid on a fee-for-service basis.

In addition to the above task of the laboratories, paragraph 11 provides that these laboratories, appropriately equipped, shall, as required, be drawn upon by the Technical Secretariat to perform additional analysis of samples from radionuclide monitoring stations. Further laboratories may, upon agreement with the Executive Council, be certified by the Technical Secretariat to perform the routine analysis of samples from manual monitoring stations where necessary. All laboratories that are certified shall provide the results of such analysis to the IDC, and in doing so, shall fulfill the technical and operational requirements specified in the Operational Manual on Radionuclide Monitoring and the International Exchange of Data.

D. Hydroacoustic Monitoring

Section D of Part 1 of the Protocol, which consists of two paragraphs, addresses hydroacoustic monitoring. Table 3 of Annex 1 to the Protocol lists the hydroacoustic stations of the IMS. There are 11 stations, consisting of six hydrophones and five T-phase stations (a hydrophone is a hydroacoustic sensor that can detect the acoustic signal from an explosion possibly across an entire ocean basin, while the T-phase stations can detect seismic signals created by ocean acoustic signals striking the shorelines). Paragraph 12 of this Section provides that each State Party undertakes to cooperate in an international exchange of hydroacoustic data and assist in the verification of compliance with the Treaty. This cooperation shall include the establishment and operation of a global network of hydroacoustic monitoring stations, as provided in Table 3. These stations shall provide data in accordance with agreed procedures to the IDC. In addition, and as noted in paragraph 13, the hydroacoustic stations shall fulfil the technical and operational requirements specified in the Operational Manual for Hydroacoustic Monitoring and the International Exchange of Hydroacoustic Data.

E. Infrasound Monitoring

Section E of Part I of the Protocol, which consists of two paragraphs, addresses the infrasound stations that are part of the IMS. The list of IMS infrasound stations is located at Table 4, Annex 1 of the Protocol. There are 60 infrasound stations.

Paragraph 14 of Part I of the Protocol provides that each State Party undertakes to cooperate in an international exchange of infrasound data to assist in the verification of compliance with the Treaty. This cooperation shall include the establishment and operation of a global network of infrasound monitoring stations. These stations shall provide data in accordance with agreed procedures to the IDC. Paragraph 15 provides that the infrasound monitoring stations shall fulfill the technical and operational requirements specified in the Operational Manual for Infrasound Monitoring and the International Exchange of Infrasound Data.

F. International Data Center

Section F of Part I of the Protocol addresses the functions of the IDC. This Section is divided into the following sub-sections: International Data Center Standard Products, International Data Center Services to States Parties, National Event Screening, and Technical Assistance.

Paragraph 16 of Part I of the Protocol provides that the IDC shall receive, collect, process, analyze, report on and archive data from IMS facilities, including the results of analysis conducted at certified laboratories.

Paragraph 17 of Part I provides that the procedures and standard event screening criteria to be used by the IDC in carrying out its agreed functions, in particular for the production of standard reporting products and for the performance of a range of standard services for States Parties, shall be elaborated in the Operational Manual for the IDC and shall be progressively developed. The procedures and criteria for event screening by the IDC shall be developed initially by the Preparatory Commission and shall be approved by the Conference at its initial session. The term "event screening" means that agreed parameters will be used to characterize the extent to which events appear to be consistent with natural phenomena or non-nuclear man-made phenomena.

International Data Center Standard Products

This sub-section to Section F addresses the standard products of the IDC. Paragraph 18 provides that the IDC shall apply on a routine basis automatic processing methods and interactive human analysis to raw IMS system data in order to produce and archive standard IDC products on behalf of all States Parties. The IDC products shall be at no cost to the States Parties, and they shall be without prejudice to final judgments with regard to the nature of any event.

It is important to note here that paragraph 18 provides that the responsibility for final judgements regarding the nature of any event shall be with the States Parties. The United States' position regarding screening events for purposes of characterization is that IDC analysis and/or conclusions do not constitute an authoritative statement regarding the source of an event. The use of any IDC product in no way limits access by a State Party to the entire set of raw IMS data or to the products available from the IDC archive (according to Article IV, paragraph 14(e), the Technical Secretariat shall make available all data, raw and processed, and any reporting products, to all States Parties). In addition, compliance judgments remain the prerogative solely of the States Parties, and this prerogative is not constrained by decisions and/or actions taken at the IDC or elsewhere in the Organization.

Paragraph 18 lists what the products of the IDC shall include. They are as follows:

    (a) Integrated lists of all signals detected by the IMS, as well as standard event lists and bulletins, including the values and associated uncertainties calculated for each event located by the IDC, based on a set of standard parameters;

    (b) Standard screened event bulletins that result from the application to each event of standard event screening criteria, making use of the characterization parameters specified in Annex 2 to this Protocol, with the objective of characterizing, highlighting in the standard event bulletin, and thereby screening out events considered to be consistent with natural phenomena or non-nuclear, man-made phenomena. The standard event bulletin shall indicate numerically for each event the degree to which that event meets or does not meet the event screening criteria. In applying event screening, the IDC shall use both global and supplementary screening criteria to take account of regional variations where applicable. The IDC shall progressively enhance its technical capabilities as experience is gained in the operation of the IMS;

    (c) Executive summaries, which summarize the data acquired and archived by the IDC, products of the IDC, and the performance and operational status of the IMS and IDC; and

    (d) Extracts or subsets of the standard IDC products specified in subparagraphs (a) to (c), selected according to the request of an individual State Party.

As a means of providing additional assistance to the Organization and States Parties, paragraph 19 provides that the IDC shall carry out, at no cost to States Parties, special studies to provide in-depth, technical review by expert analysis of data from the IMS, if requested by the Organization or by a State Party, to improve the estimated values for the standard signal and event parameters.

International Data Center Services to States Parties

This sub-section of Section F addresses the IDC Services to States Parties. Specifically, the IDC shall provide States Parties with open, equal, timely and convenient access to all raw or processed IMS data; all IDC products, and all other IMS data in the archives of the IDC or, through the IDC, of IMS facilities. Paragraph 20 further provides that the methods for supporting data access and the provision of data shall include the following services:

    (a) Automatic and regular forwarding to a State Party of the products of the IDC or the selection by the State Party thereof, and, as requested, the selection by the State Party of IMS data;

    (b) The provision of the data or products generated in response to ad hoc requests by States Parties for the retrieval from the IDC and IMS facility archives of data and products, including interactive electronic access to the IDC data base; and

    (c) Assisting individual States Parties, at their request and at no cost for reasonable efforts, with expert technical analysis of IMS data and other relevant data provided by the requesting State Party, in order to help the State Party concerned to identify the source of specific events. The output of any such technical analysis shall be considered a product of the requesting State Party, but shall be available to all States Parties.

The services of the IDC that are specified in subparagraphs (a) and (b) above are to be available at no cost to each State Party. Services specified in subparagraph (c) are also to be at no cost when such requests (for expert technical analysis of IMS data and other relevant data provided by the requesting State Party) are for reasonable efforts. The volumes and formats of data shall be set out in the Operational Manual for the IDC.

National Event Screening

One of the functions of the IDC will be the processing of raw data from all IMS stations into a form, or alternative forms, that will be useful to States Parties. In addition to the standard IDC products, States Parties may receive the IMS information in the form and volume they desire in order to make national judgements. Paragraph 21 provides that the IDC shall, if requested by a State Party, apply to any of its standard products, on a regular and automatic basis, national event screening criteria established by that State Party, and provide the results of such analysis to that State Party. This service shall be at no cost to the requesting State Party. The output of such national event screening processes shall be considered a product of the requesting State Party.

Technical Assistance

This sub-section of Section F addresses technical assistance provided by the IDC. Paragraph 22 provides that the IDC shall, where required, provide technical assistance to individual States Parties as follows:

    (a) in formulating their requirements for selection and screening of data and products;

    (b) by installing at the IDC, at no cost to a requesting State Party for reasonable efforts, computer algorithms or software provided by the State Party to compute new signal and event parameters that are not included in the Operational Manual for the IDC, the output being considered products of the requesting State Party; and

    (c) by assisting States Parties to develop the capability to receive, process and analyze IMS data at a national data center.

Paragraph 23 of this Section provides that the IDC shall continuously monitor and report on the operational status of the IMS facilities, of communications links, and of its own processing systems. It shall provide immediate notification to those responsible should the operational performance of any component fail to meet agreed levels set out in the relevant operational manual.