June 4, 2000
MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE RUSSIAN FEDERATION ON THE ESTABLISHMENT OF A JOINT CENTER FOR THE EXCHANGE OF DATA FROM EARLY WARNING SYSTEMS AND NOTIFICATIONS OF MISSILE LAUNCHES
THE WHITE HOUSE
Official of the Press Secretary
(Moscow, Russia)
For Immediate Release
June 4, 2000
MEMORANDUM OF AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND THE RUSSIAN FEDERATION
ON THE ESTABLISHMENT OF A JOINT CENTER FOR THE EXCHANGE
OF DATA FROM EARLY WARNING SYSTEMS AND
NOTIFICATIONS OF MISSILE LAUNCHES
The United States of America and the Russian Federation, hereinafter
referred to as the Parties,
Guided by the Joint Statement of the Presidents of the United States of
America and the Russian Federation on the Exchange of Information on
Missile Launches and Early Warning of September 2, 1998,
Taking into account the need to minimize the consequences of a false
missile attack warning and to prevent the possibility of a missile launch
caused by such false warning,
Have agreed as follows:
Article 1
1. In order to set up an uninterrupted exchange of information on launches
of ballistic missiles and space launch vehicles from the early warning
systems of the United States of America and the Russian Federation,
hereinafter, the warning systems of the Parties, as well as to provide for
the possible implementation of a multilateral regime for the exchange of
notifications of launches of ballistic missiles and space launch vehicles,
the Parties shall establish, in Moscow, a joint center for the exchange of
data from early warning systems and notifications of missile launches,
hereinafter, the Joint Data Exchange Center (JDEC).
2. Each Party shall appoint its representative and deputy representatives,
hereinafter, respectively, the JDEC Heads and Deputy Heads, who shall have
equal rights in managing the activities of the JDEC.
3. The JDEC Heads shall jointly carry out the daily management of JDEC
activities, and shall be jointly responsible for the performance of the
tasks assigned to the JDEC.
4. Operations of the JDEC shall be jointly carried out by specially
trained operational personnel of the Parties.
Article 2
The JDEC shall provide for the:
a. implementation of an exchange of information on launches of ballistic
missiles and space launch vehicles detected by the warning systems of the
Parties;
b. efficient resolution of possible ambiguous situations related to
information from the warning systems of the Parties;
c. creation of the conditions for the preparation and maintenance of a
unified database for a multilateral regime for the exchange of
notifications of launches of ballistic missiles and space launch vehicles.
Article 3
1. Information shall be exchanged on the following types of objects
detected by the warning systems of the Parties in accordance with
Appendices 1 and 2 to this Memorandum, which define the types of objects on
which information shall be exchanged and the implementation phases of the
information exchange:
a. all launches of ICBMs and SLBMs of the United States of America and the
Russian Federation;
b. launches of ballistic missiles, that are not ICBMs or SLBMs, of the
United States of America and the Russian Federation;
c. launches of ballistic missiles of third states that could pose a direct
threat to the Parties or that could create an ambiguous situation and lead
to possible misinterpretation;
d. launches of space launch vehicles.
2. Each Party, at its discretion, in support of the objectives of this
Memorandum or Article 3 of the Agreement on Measures to Reduce the Risk of
Outbreak of Nuclear War Between the United States of America and the Union
of Soviet Socialist Republics of September 30, 1971, may also provide
information on other launches and objects, including de-orbiting
spacecraft, and geophysical experiments and other work in near-earth space
that are capable of disrupting the normal operation of equipment of the
warning systems of the Parties.
Article 4
1. The sources for obtaining information exchanged pursuant to paragraph 1
of Article 3 of this Memorandum shall be the equipment of the space- and
ground-based warning systems of the Parties. When exchanging information,
the sources of the data shall not be specified.
2. Each Party shall provide processed launch information in a time frame
that is near real time, if possible.
Article 5
Whenever available, the following information shall be exchanged in
accordance with the formats set forth in Appendix 3 to this Memorandum:
a. when a launch of a ballistic missile is detected - the time of launch,
generic missile class, geographic area of the launch, geographic area of
payload impact, estimated time of payload impact and launch azimuth;
b. when a launch of a space launch vehicle is detected - the time of
launch, generic missile class, geographic area of the launch and launch
azimuth.
Article 6
The Parties hereby establish a Joint Commission for purposes of overseeing
the activities of the JDEC and coordinating the implementation of this
Memorandum. The regulations of the Joint Commission are set forth in
Appendix 4 to this Memorandum.
Article 7
The Parties shall jointly provide for the:
a. drafting, agreement and updating of documents establishing JDEC
operating procedures, including implementation of JDEC joint duty shifts;
b. training of personnel for the performance of the tasks assigned to the
JDEC at locations agreed by the Parties;
c. designation of primary and backup communications channels to ensure
uninterrupted JDEC operations;
d. confidentiality of the information exchanged between the JDEC and the
warning systems of the Parties.
Article 8
1. The Parties intend that the JDEC shall commence operations 365 days
after this Memorandum enters into force.
2. Upon commencement of operations, an operational test period lasting up
to 100 days shall precede commencement of Phase I of JDEC operations.
During this period, the Parties shall test data exchange procedures,
equipment and software and shall correct shortcomings that they find. The
operational test period shall conclude and Phase I of JDEC operations shall
commence upon agreement of the Joint Commission. Acknowledging that the
decision of the Joint Commission to transition to subsequent phases is the
determining factor, the Parties intend to implement the transition to
subsequent phases as soon as practicable.
3. The Executive Agents of the Parties for implementing this Memorandum
shall be the Department of Defense of the United States of America and the
Ministry of Defense of the Russian Federation.
4. The JDEC shall consist of the facilities, equipment and individual
components listed in Appendix 5 to this Memorandum.
5. The staff and categories of personnel servicing the JDEC are set forth
in Appendix 6 to this Memorandum.
6. The working languages of the JDEC shall be English and Russian.
Article 9
1. Funding for establishing the JDEC and funding for its operation shall
be shared equally by the Parties.
2. Determination of the application of customs duties and fees, payments,
taxes and other charges to the establishment and operation of the JDEC
shall be agreed by the Parties once the JDEC architecture has been defined,
consistent with the provisions of paragraph 1 of this Article and taking
into account the provisions of the laws of the Parties.
Article 10
Each Party shall provide its own transportation to and from the JDEC for
its personnel listed in Appendix 6 to this Memorandum.
Article 11
Each Party shall provide its own medical services, including medical
insurance, for its personnel working at the JDEC listed in Appendix 6 to
this Memorandum.
Article 12
1. Each Party shall provide for the delivery of equipment to outfit the
JDEC. The list of this equipment and procedures for its assembly,
installation and adjustment shall be agreed by the Parties. The assembly,
installation and adjustment of this equipment shall be supervised by the
JDEC Heads. Maintenance of JDEC equipment shall be performed by specially
trained personnel of the Parties under the supervision of and in accordance
with the decisions of the JDEC Heads.
2. JDEC communications shall be organized in accordance with procedures
agreed by the Parties.
3. The certification of hardware and software installed in the JDEC shall
be carried out as agreed by the Parties, taking into account the technical
standards of the United States of America and the laws of the Russian
Federation.
4. Each Party shall retain ownership of any equipment, software or other
materials that it provides for use in the JDEC.
5. Each Party shall not transfer any equipment, software or other
materials, hereinafter, materials, received from the other Party pursuant
to this Memorandum to any third state or legal or natural person without
the written agreement of the Party that provided these materials. Each
Party shall use materials received from the other Party only for the
purposes of this Memorandum and shall take all reasonable measures within
its power to ensure the safekeeping and security of such materials.
Article 13
1. Information provided by either Party pursuant to this Memorandum shall
be considered to be of a confidential and sensitive nature. This
information may not be disclosed or transmitted in any form to a third
state or any legal or natural person without the written agreement of the
Party that provided the information. This information shall be used only
for the purposes of this Memorandum.
2. Each Party shall itself determine the necessary measures for the
appropriate handling of the information and its required protection in
accordance with its own laws and regulations. Each Party shall ensure the
required protection for information exchanged between the JDEC and that
Party.
3. The Parties shall agree in the Joint Commission on procedures for
handling and exchanging information within the JDEC that ensures the
information's required protection.
4. In accordance with paragraph 13 of Appendix 4 to this Memorandum,
issues relating to compliance with the provisions of this Article shall be
considered by the Parties in the Joint Commission.
Article 14
1. Each Party shall facilitate the entry into and exit from its territory
by military and civilian personnel of the other Party engaged in
implementing this Memorandum.
2. Upon request from the United States of America, the Russian Federation
shall issue the necessary documents required for customs formalities and
entry into and exit from the Russian Federation by citizens of the United
States of America working at the JDEC and for members of their families.
Citizens of the United States of America being sent to work at the JDEC
shall be subject to the visa requirements of the Russian Federation.
3. Any issues relating to the provisions of this Article shall be resolved
through diplomatic channels. The relevant documents shall be requested
ahead of time; as a rule, at least 20 days in advance.
Article 15
The Parties shall work out in the Joint Commission agreements on liability
for damages that may arise as the result of activities with respect to the
implementation of this Memorandum. Except for pre-construction design
work, construction work at the JDEC shall not begin before entry into force
of these agreements.
Article 16
Neither Party shall display its state symbols on the exterior of the walled
perimeter of the JDEC. All signage on the exterior of this perimeter shall
be in Russian. All signage within this perimeter shall be in English and
Russian.
Article 17
Amendments to this Memorandum shall enter into force upon agreement by the
Parties in the Joint Commission.
Article 18
This Memorandum, including its associated appendices, shall not infringe
upon the rights and obligations of the Parties under other treaties or
agreements.
Article 19
1. This Memorandum, including its associated appendices, all of which form
integral parts thereof, shall enter into force on the date of its signature
and shall remain in force for ten years.
2. Upon agreement by the Parties, this Memorandum may be extended for
successive five-year periods.
3. Either Party, upon six months written notice to the other Party, may
terminate this Memorandum.
DONE at Moscow on June 4, 2000, in two copies, each in the English and the
Russian languages, both texts being equally authentic.
Appendix 1
Terms and Definitions
For the purposes of this Memorandum:
a. "Space launch vehicle (SLV)" means a rocket used for delivering an
object into earth orbit or outer space.
b. "Ballistic missile (BM)" means a missile that has a ballistic
trajectory over most of its flight path, regardless of whether or not it is
a weapon-delivery vehicle.
c. "Submarine-launched ballistic missile (SLBM)" means a ballistic missile
that is a weapon-delivery vehicle with a range in excess of 600 kilometers
launched from a submarine.
d. "Intercontinental ballistic missile (ICBM)" means a land-based
ballistic missile that is a weapon-delivery vehicle with a range in excess
of 5500 kilometers.
e. "Intermediate-range ballistic missile (IRBM)" means a land-based
ballistic missile that is a weapon-delivery vehicle with a range in excess
of 3000 kilometers but not in excess of 5500 kilometers.
f. "Medium-range ballistic missile (MRBM)" means a land-based ballistic
missile that is a weapon-delivery vehicle with a range in excess of 1000
kilometers but not in excess of 3000 kilometers.
g. "Short-range ballistic missile (SRBM)" means a land-based ballistic
missile that is a weapon-delivery vehicle with a range equal to or in
excess of 500 kilometers but not in excess of 1000 kilometers.
h. "Geophysical experiment" means activities conducted in near-earth space
that are capable of causing changes in the environment of radio wave
propagation, leading to a disruption or cessation of the operation of the
warning systems of the Parties.
i. "Payload" means everything that separates from the last
propulsion stage of a ballistic missile, except for the previous propulsion
stages.
j. "Range" means the maximum distance measured along the surface of the
earth's ellipsoid from the point of launch of a ballistic missile to the
point of impact of the last element of its payload.
k. "Apex altitude" means the distance measured along the normal to the
earth's ellipsoid from its surface to the apex of the flight trajectory of
a missile.
l. "Launch azimuth" means the angle formed by the projection of the flight
trajectory of a missile onto the surface of the earth's ellipsoid and the
North direction, measured clockwise in degrees.
m. "Spacecraft" means a vehicle with special equipment and intended for
flights into or in outer space for military, commercial (economic) or
research (scientific) purposes.
n. "First half-orbit of launch" means 180 degrees of arc measured along
the earth's ellipsoid from the point of launch.
o. "Earth's ellipsoid" means a mathematical model of the surface of the
earth. The standard for this model will be agreed by the Parties.
A ballistic missile or space launch vehicle shall be considered as
"belonging to" a Party if it is owned, possessed or controlled by the Party
or by any corporation, partnership, joint venture, association or other
legal or natural person (either government or private, including
international organizations) organized or existing under the laws of the
Party.
Appendix 2
Implementation Phases
In accordance with Article 3 of this Memorandum, the exchange of
information shall be implemented in the phases as set forth below:
Phase I
Each Party shall provide information on detected launches of ICBMs and
SLBMs belonging to either Party, and detected launches, with rare
exceptions, of SLVs belonging to either Party, including such launches of
ICBMs, SLBMs and SLVs belonging to either Party that are launched from the
territories of third states, and such launches of ICBMs, SLBMs and SLVs of
third states that take place on the territory of either Party.
Phase II
Each Party shall provide information on detected launches included in Phase
I, as well as detected launches of other types of ballistic missiles
belonging to either Party with a range in excess of 1500 kilometers or an
apex altitude in excess of 500 kilometers.
Phase III
Each Party shall provide information on detected launches in Phase II, as
well as detected launches of ballistic missiles of third states with a
range in excess of 500 kilometers, or an apex altitude in excess of 500
kilometers, if part of the flight trajectory of the ballistic missile as
calculated by the launch azimuth would take place over, or the impact area
of its payload is projected to be within, either Party's territory. Each
Party shall also provide information on detected launches of SLVs of third
states if the projection of the initial launch azimuth would intersect the
territory of either Party within the first half-orbit of launch. At its
discretion, a Party may provide information on other detected launches of
SLVs of third states, regardless of launch azimuth. Each Party shall
provide information on launches of third states that it believes could
create an ambiguous situation for the warning system of the other Party and
lead to possible misinterpretation by the other Party.
Notes:
1. Upon successful demonstration of the operational capability and
procedures associated with a current phase, the JDEC Heads shall jointly
recommend to the Joint Commission the implementation of the next phase.
Transition to the next phase shall be by direction of the Joint Commission.
2. During Phase II operations, the Parties shall consider in the Joint
Commission the possibility of and need for exchanging information on
missiles that intercept objects not located on the earth's surface.
3. In the future, the Parties shall examine in the Joint Commission
expanded data sharing on detected launches of ballistic missiles and space
launch vehicles globally, taking into account changes to the strategic
situation in the world and the development of a multilateral regime for the
exchange of notifications of launches of ballistic missiles and space
launch vehicles.
4. Pursuant to paragraph b of Article 2 of this Memorandum and the
provisions of this Appendix, the Parties shall agree in the Joint
Commission on JDEC operational procedures for resolving possible ambiguous
situations.
Appendix 3
Report Formats
In accordance with Article 5 of this Memorandum, in reports on detection of
launches of ballistic missiles and space launch vehicles the Parties will
use the following parameters:
1. Launch time (HH:MM) where:
- HH is a number from 00 to 23 that indicates the hour;
- MM is a number from 00 to 59 that indicates the minute.
All expressed in Coordinated Universal Time (UTC).
2. Launch Location: geographical latitude and longitude
a. Geographical latitude (DD:MM) where:
- DD is a number from 00 to 89 that indicates degrees of latitude;
- MM is a number from 00 to 59 that indicates minutes of latitude.
b. Geographical Longitude (DDD:MM) where:
- DDD is a number from 000 to 359 that indicates degrees of longitude;
- MM is a number from 00 to 59 that indicates minutes of longitude.
3. Generic Missile Type: intercontinental ballistic missile (ICBM),
submarine-launched ballistic missile (SLBM), intermediate-range ballistic
missile (IRBM), medium-range ballistic missile (MRBM), short-range
ballistic missile (SRBM), space launch vehicle (SLV) and other missiles.
4. Launch Azimuth (DDD) where:
- DDD is a number from 000 to 359 that indicates the degrees of azimuth.
5. Impact Area - Will be defined according to the agreement by the Parties
in the Joint Commission, taking into account the formats used in the
Parties' National Warning Centers.
6. Estimated time of payload impact (if known) (HH:MM) where:
- HH is a number from 00 to 23 that indicates the hour;
- MM is a number from 00 to 59 that indicates the minute.
All expressed in Coordinated Universal Time (UTC).
7. Indication of a single or multiple launch.
Appendix 4
Regulations of the Joint Commission
1. Each Party shall appoint its own Representative and Deputy
Representatives to the Joint Commission, hereinafter, the Commission, and,
at its discretion, shall provide members, advisors and experts.
2. As a rule, personnel of the Department of Defense of the United States
of America and the Ministry of Defense of the Russian Federation whose
military ranks are higher than those of the JDEC Heads, shall be appointed
as Representatives of the Parties to the Commission.
3. A Representative of either Party may at any time present for discussion
any issue that is within the competence of the Commission pursuant to this
Memorandum.
4. The Representatives of the Parties shall take turns in chairing the
meetings of the Commission, unless otherwise agreed.
5. Each Party may notify the other Party that the authority and functions
of its Representative may be exercised by its Deputy Representative or
another person authorized by the Party.
6. The Commission may establish working groups for fulfilling the tasks
assigned to them by the Commission.
7. Sessions of the Commission shall be held at least twice a year, unless
otherwise agreed, and, if necessary, on the initiative of either Party.
Agreement on the beginning date and duration of a regular session of the
Commission may be reached by the Parties during any Commission session.
8. Sessions of the Commission shall take place, in turn, in the United
States of America and the Russian Federation. The specific location for
holding a Commission session shall be determined by the Party on whose
territory the session is being held.
9. Not later than 15 days after receiving a request for a session of the
Commission, a Party shall provide an appropriate response to the Party
requesting the session.
10. Requests or responses to requests shall include a proposed or approved
agenda for the Commission sessions and a proposed or approved time and
place for holding the session of the Commission.
11. The session of the Commission shall be held at the agreed time, but no
later than 30 days after the initial proposed date.
12. During the period between sessions of the Commission, the Parties may
provide each other written or oral information on issues that are within
the competence of the Commission.
13. The Commission may study and make a decision, by agreement by the
Parties, on any issues relating to the implementation of this Memorandum.
14. Decisions of the Commission shall be provided to the Governments of
the Parties.
15. Decisions of the Commission shall be mandatory and are to be executed
by the JDEC Heads.
16. The Parties' agreements shall be recorded in appropriate documents
that are compiled in two copies, each in the English and Russian languages,
both texts being equally authentic. The documents shall be signed by the
Representatives of the Parties.
17. In the event that the Commission cannot reach a decision within a
30-day period, or concludes that the issue requires resolution at the
government level, the issue shall be submitted for the consideration of the
Governments of the Parties.
18. The Commission shall conduct its work in a confidential manner and may
not publish any information about its work without the consent of the
Representatives of the Parties, recorded in an appropriate document.
19. Each Party shall bear the costs of its participation in the
Commission.
20. The official languages of the Commission shall be the English and
Russian languages.
Appendix 5
Installations, Equipment and Components of the JDEC
The Joint Data Exchange Center shall be located in the City of Moscow, at
the following address:
16 Tayninskaya St., Bldg 3.
The Joint Data Exchange Center shall include the following components:
1. a building for the JDEC;
2. a building for the entry checkpoint;
3. security fencing of the area;
4. automobile parking area;
5. territory with a total area of 0.95 hectares;
6. utilities infrastructure within the perimeter of the territory.
Appendix 6
Composition and Categories of Personnel Working at the JDEC
Personnel working at the JDEC shall be divided into the following
categories:
- Management
- Operational (Operations Crews)
- Technical Support
- Security and Support
Management Personnel
Position United States of America Russian Federation
Heads of the JDEC 1 1
Deputy Heads of the JDEC 1 2
Sub-Total = 2 3
Operational Personnel
Position United States of America Russian Federation
Crew Members 2 members/crew, 6 crews
2 ? 6 = 12 2 members/crew, 6 crews
2 ? 6 = 12
Sub-Total = 12 12
Technical Support Personnel
Position United States of America Russian Federation
Communications/Computer Maintenance Specialists 2 4
Sub-Total = 2 4
Security and Support Personnel
Position United States of America Russian Federation
Power/Electrical Specialist 0 2
Security Personnel 0 8 members/crew, 6 crews,
plus 2 supervisors
(8 ? 6) + 2 = 50
Kitchen Staff 0 6
Janitors/Grounds Keepers 0 4
Sub-Total = 0 62
TOTAL: 16 81
Note:
The number of Security and Support Personnel provided by the Russian
Federation shall be approved by the Joint Commission. The JDEC Heads shall
manage the Security and Support Personnel.
JOINT STATEMENT
ON FUNDING PROCEDURES
In connection with the Memorandum of Agreement Between the United States of
America and the Russian Federation on the Establishment of a Joint Center
for the Exchange of Data from Early Warning Systems and Notifications of
Missile Launches, the Parties have agreed that:
- fulfillment of any financial obligations of the United States of
America or the Russian Federation is subject to the availability of funds
for such purpose;
- transfer for the purpose of this Memorandum by the United States of
America or the Russian Federation of any technology or equipment pursuant
to this Memorandum is subject to the export laws and regulations of the
United States of America or the Russian Federation, respectively; and
- fulfillment of any financial obligations by the United States of
America or the Russian Federation regarding any renovation or improvement
of the Joint Data Exchange Center (JDEC) building and grounds or equipping
the JDEC with hardware and software is subject to authorization, when
required, by the Congress of the United States of America or the Government
of the Russian Federation, respectively.
JOINT STATEMENT
ON PRIVILEGES AND IMMUNITIES
In connection with the signature of the Memorandum of Agreement Between the
United States of America and the Russian Federation on the Establishment of
a Joint Center for the Exchange of Data From Early Warning Systems and
Notifications of Missile Launches, the Parties agree that U.S. citizens
working at the JDEC that are placed on the list of administrative and
technical personnel of the Embassy of the United States of America in the
Russian Federation shall be accorded the corresponding privileges and
immunities.
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