STRUCTURE AND OVERVIEW OF THE PROTOCOL

The Protocol on Conversion or Elimination (the Protocol) consists of a Preamble and nine Sections.

Pursuant to Article VII of the Treaty, the Protocol sets forth detailed procedures for the conversion and elimination of strategic offensive arms and facilities subject to the Treaty. Such items, once eliminated in accordance with the procedures in the Protocol, are no longer subject to Treaty constraints and numerical limitations. Items converted in accordance with the procedures provided for in the Protocol shall be subject to all Treaty constraints and numerical limitations that apply to converted items once all the appropriate procedures have been completed. This means that the procedures set forth in the Protocol must be used in order to achieve compliance with the numerical limitations and constraints specified in Articles II, III, IV, and V of the Treaty.

In addition to this Protocol, more general inspection procedures applicable to inspections of the conversion or elimination of items are specified in Section XI of the Inspection Protocol, and the requirements for notifications of the processes of conversion and elimination are specified in Section IV of the Notification Protocol.

The Protocol sets forth a number of means by which strategic offensive arms and facilities subject to the Treaty may be eliminated, converted or otherwise removed from accountability under the Treaty:

- elimination at conversion or elimination facilities (applicable to ICBMs for mobile launchers of ICBMs and their launch canisters, road-mobile launchers of ICBMs, rail-mobile launchers of ICBMs, mobile training launchers, SLBM launchers, heavy bombers and former heavy bombers)

- elimination in situ (applicable to silo ICBM launchers, silo training launchers, silo test launchers, fixed structures for mobile launchers of ICBMs, and soft-site launchers)

- conversion at a conversion or elimination facility (applicable to heavy bombers and former heavy bombers)

- removal from accountability by flight tests or static testing (applicable to ICBMs for mobile launchers of ICBMs)

- removal from accountability by accidental loss or disablement beyond repair (applicable to ICBMs for mobile launchers of ICBMs, their launch canisters, silo launchers of ICBMs, silo training launchers, silo test launchers, mobile launchers of ICBMs, mobile training launchers, fixed structures for mobile launchers of ICBMs, SLBM launchers, soft-site launchers, heavy bombers, former heavy bombers, static display items, and heavy bombers and former heavy bombers converted for use as ground trainers)

- removal from accountability by means of static display (applicable to ICBMs, SLBMs, launch canisters, ICBM launchers, SLBM launchers, heavy bombers and former heavy bombers)

- conversion for use as ground trainers (applicable to heavy bombers and former heavy bombers)

- elimination of facilities.

The Protocol does not contain specific procedures for elimination of SLBMs or ICBMs other than ICBMs for mobile launchers of ICBMs, because, in accordance with paragraph 1 of Article IV of the Treaty, such missiles, if non-deployed, are not numerically limited. However, paragraph 3 of Article VII of the Treaty specifies that such missiles are subject to Treaty limitations until they have been eliminated by rendering them inoperable, precluding their use for their original purpose. In such a case, the Party carrying out the elimination is required to provide a notification, in accordance with subparagraph 4(e) of Section IV of the Notification Protocol, that the missile has been eliminated. The Protocol does not require that, for each launcher eliminated, a missile and/or shipping container and/or associated support equipment be eliminated. The missile that was once contained in the launcher can be considered to be a non-deployed missile, or it can be eliminated.

Section I of the Protocol sets forth procedures for the elimination of ICBMs for mobile launchers of ICBMs and their launch canisters. Section II provides procedures for elimination of silo ICBM launchers, silo training launchers, and silo test launchers. Section III sets forth procedures for the elimination of mobile launchers of ICBMs, mobile training launchers, and fixed structures for mobile launchers of ICBMs. Section IV sets forth procedures for the elimination of SLBM launchers. Section V provides procedures for the elimination of soft-site launchers. Section VI sets forth procedures for the conversion or elimination of heavy bombers and the elimination of former heavy bombers. Section VII provides procedures for the removal from Treaty accountability of ICBMs for mobile launchers of ICBMs as a result of flight tests and static testing. Section VIII sets forth procedures for removal from, or changes in, Treaty accountability as the result of accidental loss, disablement beyond repair, use as static display, and use as ground trainer. Section IX sets forth procedures for the elimination of facilities.

Pursuant to subparagraph (b) of Article XV of the Treaty, additional measures can be agreed upon by the Parties with respect to the Protocol to improve the viability and effectiveness of the Treaty. The Parties agreed that, if changes need to be made in the Protocol that do not affect substantive rights or obligations under the Treaty, then such changes would be made within the framework of the JCIC, without resorting to the procedure for making amendments set forth in Article XVIII of the Treaty. The Eleventh Agreed Statement, for example, recognizes that there are no procedures for the elimination of ICBMs for mobile launchers of ICBMs containing a stage equipped with a liquid propellant main rocket engine or for the elimination of heavy bombers that have no tail sections. Such ICBMs and such heavy bombers will not be eliminated until the JCIC agrees on the appropriate procedure.

Pursuant to Article XVII of the Treaty, the Protocol is deemed to be an integral part of the Treaty.

PREAMBLE

The Preamble provides that the Parties have agreed upon procedures governing the conversion or elimination of the strategic offensive arms limited by the Treaty, as well as fixed structures and facilities.

SECTION I - PROCEDURES FOR ELIMINATION OF ICBMs FOR MOBILE LAUNCHERS OF ICBMs AND THEIR LAUNCH CANISTERS

Section I consists of seven paragraphs. This Section sets forth rights and obligations of the Parties with respect to the elimination of ICBMs for mobile launchers of ICBMs and their launch canisters.

Paragraph 1 of Section I provides that eliminations of ICBMs for mobile launchers of ICBMs and their launch canisters that are carried out in accordance with the procedures provided for in this Section must be carried out at conversion or elimination facilities for ICBMs. The list of such facilities is contained in Annex A to the Memorandum of Understanding and is subject to periodic updating. Paragraph 1 also requires that such elimination be subject to inspection. In this connection, paragraph 1 of Section IV of the Notification Protocol requires that, 30 days prior to the initiation of the elimination, a notification must be transmitted to the other Party, providing information on the number of missiles and launch canisters to be eliminated, the date of their elimination, and the place of their elimination. This notification permits the receiving Party to prepare to send an inspection team to observe the elimination.

Paragraph 2 of Section I contains all the steps that may or must be done to the missile and its launch canister prior to the arrival of the inspection team that will conduct the confirmatory inspection. Of these steps, only the first, removal of the reentry vehicles from the missile, is mandatory. The term "reentry vehicle" is a defined term, and includes any weapon contained in the reentry vehicle. Neither this Protocol nor any other provision of the Treaty imposes any further obligations or restrictions on the use of reentry vehicles that are removed from missiles. The other items that may be removed from the missile are listed in paragraph 2. There are no requirements regarding the timing or location of the removal of the items. Therefore, reentry vehicles could be removed at a maintenance facility months prior to a missile's arrival at a conversion or elimination facility. The sides noted in the Joint Statement on New Missile Production Technology Processes that they used only case-bonding techniques, not insertable cartridges. The non-destructive removal of propellant is not permitted under the Treaty.

Paragraph 3 of this Section provides the measures to be carried out by inspectors after their arrival at the conversion or elimination facility but prior to the initiation of the elimination process. This paragraph provides that the inspectors shall take measurements and observations of the missiles and launch canisters in order to confirm the numbers and types of the missiles and launch canisters to be eliminated, using equipment listed in Annex 8 to the Inspection Protocol that had been cleared at the point of entry. Inspectors and representatives of the inspected Party also are required to read the data from and inspect the unique identifier in accordance with Annex 6 to the Inspection Protocol. The Party eliminating an ICBM for mobile launchers of ICBMs must have provided, in a notification in accordance with paragraph 7 of Section IV of the Notification Protocol, data to be used to identify the type of such ICBM within its launch canister for the first elimination of such a type of ICBM. If inspectors are still unable to determine the type of the missile in its launch canister, representatives of the inspected Party are required to take steps to resolve the problem, including permitting inspectors to view the inside of the canister through maintenance hatches or openings cut for the purpose of viewing, or removing the missile from its launch canister, if necessary. The reason that removing the missile from its launch canister is not mandatory is that the Soviet side claimed that its solid propellant missiles are dangerous when removed from their environmentally controlled canisters due to the unstable and explosive nature of the solid propellant. The Soviets also cited technical, support, and manufacturing considerations that led them to keep the missile in its canister. But more importantly, the Soviet side elevated to the level of principle the association of the launch canister with its missile. As far as the Soviet side was concerned, the launch canister was an inseparable part of the missile. The Eleventh Agreed Statement provides that procedures for the elimination of ICBMs for mobile launchers of ICBMs containing a stage equipped with a liquid-propellant main rocket engine shall be agreed within the framework of the JCIC prior to the elimination of such ICBMs, since the procedures contained in this paragraph do not apply to such ICBMs. Any elements that are not specifically mentioned in paragraph 4 of this Section may be salvaged from the missile and launch canister prior to their elimination. The inspectors are required to observe the actual elimination. After observing the elimination, the inspection team leader is required to confirm in an inspection report that the inspection team has completed its inspection.

Paragraph 4 of Section I sets forth the elimination process for ICBMs for mobile launchers of ICBMs and identifies the specific elements of the missile that have to be cut, crushed, flattened or destroyed by explosion in order to comply with the elimination requirements. All stages must be destroyed by explosive demolition or burning, unless all solid fuel has been removed from the stage by liquefaction. In addition, the rocket nozzles, motor cases, interstage skirts, the self-contained dispensing mechanism, the front section, including the reentry vehicle platform and the front section shroud, must be crushed, flattened, cut into two pieces of approximately equal size or destroyed by explosion. As with paragraph 3 of this Section, only those elements that are specifically mentioned have to be destroyed; all other elements may be salvaged, that is, there is no requirement to destroy reentry vehicles or the weapons contained in the reentry vehicles.

Paragraph 5 of Section I sets forth the elimination process for launch canisters of ICBMs for mobile launchers of ICBMs, and it describes what must be done to launch canisters. For unitary design canisters, the canister must be cut in half, cut into three pieces, or crushed, flattened, or destroyed by explosion. For a canister made up of segments, each of the segments must be cut in two, at places other than assembly joints, or crushed, flattened, or destroyed by explosion. Each of these processes would render the canister unusable for its original purpose. The procedures contained in this paragraph apply whenever a Party eliminates a launch canister for an ICBM for mobile launchers of ICBMs. However, if, after a flight test, a Party eliminates a launch canister, it is not subject to on-site inspection of the elimination process. The procedures for verifying such elimination are set forth in the letters exchanged by the Heads of Delegation, the "Exchange of Letters Concerning Launch Canisters." Also, the Twentieth Agreed Statement permits the sides to refurbish launch canisters after launches.

Paragraph 6 of Section I provides that the inspection team leader and a member of the in-country escort shall fill out the inspection report provided for in Section XVIII of the Inspection Protocol. This report, which attests to the inspection team's observation of the elimination process, includes the measurements and observations that the team made prior to the elimination. The report does not constitute the official judgment of the inspecting side that the other side has fully complied with its obligations; such a determination is made after the report has been analyzed in capitals.

Paragraph 7 of Section I provides that ICBMs for mobile launchers of ICBMs shall cease to be subject to the limitations provided for in the Treaty after completion of the procedures provided for in this Section. This paragraph also states that a change in data according to categories of data contained in the Memorandum of Understanding shall be made in accordance with paragraph 3 of Section I of the Notification Protocol.

ICBMs, SILO TRAINING LAUNCHERS, AND SILO TEST LAUNCHERS

Section II consists of nine paragraphs and sets forth the rights and obligations of the Parties with respect to the elimination of silo launchers of ICBMs, silo training launchers, and silo test launchers.

Paragraph 1 of Section II states that elimination of silo launchers of ICBMs, silo training launchers and silo test launchers shall be carried out in situ and shall be subject to verification by national technical means of verification. Inasmuch as the elimination process can be monitored by national technical means, the Treaty and the Protocol provide no inspection rights with respect to the elimination of silos. However, to aid verification by national technical means, notification of the intention to eliminate such launchers must be provided 30 days in advance of the initiation of the elimination process, in accordance with paragraph 1 of Section IV of the Notification Protocol.

Paragraph 2 of Section II sets forth the requirement that, prior to the initiation of the elimination process of silo launchers of ICBMs and silo test launchers, all missiles and shipping containers for ICBMs or ICBM stages, as well as all support equipment, shall be removed at least 1000 meters from each such launcher to be eliminated. The purpose of such removal is to reduce the potential for uncertainty in monitoring the elimination process by national technical means. There is no requirement that missiles, shipping containers, and support equipment be moved at least 1000 meters away from silo training launchers, since, pursuant to paragraph 2(e) of Article IV of the Treaty, a silo training launcher may contain only a training model of a missile.

Paragraph 3 of Section II specifies the action that constitutes initiation of the elimination process for silo launchers of ICBMs, silo training launchers, and silo test launchers, i.e., when the silo doors have been opened, removed, or eliminated. Notification of this action is provided in accordance with paragraph 2 of Section IV of the Notification Protocol, and is used to begin the period of time allowed for the completion of the elimination, 180 days, which is specified in paragraph 8 of this Section.

Paragraph 4 of Section II states that a silo launcher of ICBMs in the process of being eliminated shall be considered to contain a deployed ICBM, and thus to be subject to the limitations provided for in Article II of the Treaty, until the elimination procedures provided for in subparagraph 6(a) of this Section have been carried out. It further provides that notification of the completion of the relevant procedures shall be provided in accordance with paragraph 3 of Section I of the Notification Protocol.

Paragraph 5 of Section II states that a silo test launcher or a silo training launcher in the process of being eliminated shall cease to be subject to the limitations provided for in the Treaty after completion of the procedures provided for in subparagraph 6(a) or paragraph 7, respectively, of this Section. It further states that notification of the completion of the relevant procedures shall be provided in accordance with paragraph 3 of Section I of the Notification Protocol. The relevant limitations on silo test launchers and silo training launchers are contained in Article IV of the Treaty.

Paragraph 6 of Section II sets forth the elimination process for silo launchers of ICBMs or silo test launchers. Subparagraph 6(a) provides that the silo door shall be removed, dismantled, or destroyed and the silo headworks and the silo shall be destroyed by excavation to a depth of no less than eight meters, or by explosion to a depth of no less than six meters. Subparagraph 6(b) provides that, following completion of the procedures provided for in subparagraph 6(a), the silo may be filled to the level of the bottom of the hole created by the excavation or explosion. Subparagraph 6(b) further provides that, to enhance safety, the resultant hole may be graded during the 180-day period provided for in paragraph 8 of this Section, in order to reduce the safety hazard to those nearby, but it may not filled with earth until expiration of the 90-day period provided for in paragraph 9 of this Section, in order to aid verification by national technical means.

Paragraph 7 of Section II sets forth the elimination process of a silo training launcher, which is to be accomplished by removing, dismantling, or destroying the silo door and by destroying the silo headworks by excavation or explosion. There are no depth requirements for the excavation or explosion of silo training launchers due to safety concerns stemming from the fact that such launchers are normally in close proximity to buildings.

Paragraph 8 of Section II requires that the elimination process of a silo launcher of ICBMs, a silo training launcher, and a silo test launcher be completed no later than 180 days after its initiation. Paragraph 2 of this Section, and the notification provided in accordance with paragraph 2 of Section IV of the Notification Protocol, establish the beginning of this period. Paragraph 8 also requires that, if grading was performed during the elimination process, notification of the completion of such an elimination process be provided in accordance with paragraph 4 of Section IV of the Notification Protocol. Notification of the end of the elimination process is required only if grading was conducted during the elimination, because, otherwise, completion of the process would occur when the launcher was destroyed and the notification updating the Memorandum of Understanding, pursuant to paragraph 3 of Section I of the Notification Protocol, would be provided.

Paragraph 9 of Section II provides that silos shall remain visible to national technical means of verification during the entire elimination process and for the following 90-day period, after which they may be filled with earth.

SECTION III - PROCEDURES FOR ELIMINATION OF MOBILE LAUNCHERS OF ICBMs, MOBILE TRAINING LAUNCHERS AND FIXED STRUCTURES FOR MOBILE LAUNCHERS OF ICBMs

Section III consists of ten paragraphs and sets forth procedures for the elimination of mobile launchers of ICBMs, mobile training launchers and fixed structures for mobile launchers of ICBMs.

Paragraph 1 of Section III states that elimination of road-mobile launchers of ICBMs, road-mobile training launchers, rail-mobile launchers of ICBMs, and rail-mobile training launchers that are carried out in accordance with the procedures provided for in this Section shall be carried out at conversion or elimination facilities for mobile launchers of ICBMs. This paragraph further states that such elimination shall be subject to inspection. In this connection, paragraph 1 of Section IV of the Notification Protocol requires that, 30 days prior to the initiation of the elimination, a notification must be transmitted to the other Party, providing information on the number of mobile launchers of ICBMs and mobile training launchers to be eliminated, the date of their elimination, and the place of their elimination. This notification permits the receiving Party to prepare to send an inspection team to observe the elimination. Forty-eight hours after the mobile launcher of ICBMs or mobile training launcher arrives at the conversion or elimination facility, regardless of when the inspection team arrives, a notification of the completion of its transit from its original location must be provided in accordance with paragraph 1 of Section II of the Notification Protocol.

Paragraph 2 of Section III provides the measures to be carried out by inspectors after their arrival at the conversion or elimination facility but prior to the initiation of the elimination process. The inspection team arrives at the conversion or elimination facility after having provided notification, at least 72 hours in advance, of its arrival at the point of entry of the Party eliminating the mobile launchers; this notification is provided in accordance with paragraph 5 of Section III of the Inspection Protocol. The procedures for transporting the inspectors to the facility are similar to those for other inspections, and are found in Sections IV, V and VI of the Inspection Protocol. The inspectors shall take measurements and observations of the mobile launchers in order to confirm the numbers and types of such launchers to be eliminated, using equipment listed in Annex 8 to the Inspection Protocol that had been cleared at the point of entry. The inspectors are required to observe the actual elimination. After observing the elimination, the inspection team leader shall confirm in an inspection report that the inspection team has completed its inspection.

Paragraph 3 of Section III sets forth the elimination process for road-mobile launchers of ICBMs and road-mobile training launchers. This paragraph specifies what elements must be destroyed as part of the elimination process for road-mobile launchers; primarily, it is the erector-launcher mechanism and levelling supports, together with their mountings, that must be destroyed. In addition, the length of the vehicle chassis must be reduced by at least 0.78 meters, and the removed pieces may not be reattached. The prohibition on reattachment arose out of the fact that, after completing elimination procedures on SS-23 launchers under the INF Treaty, the Soviets welded sections back on some vehicles. Elements not specified for destruction, such as missile launch support equipment, including external instrumentation compartments, may be salvaged, and the vehicle may be used after elimination, but only for purposes not inconsistent with the provisions of the Treaty. The latitude to use the eliminated vehicles arose from Soviet desire to reuse military equipment for economically productive purposes.

Paragraph 4 of Section III sets forth the elimination process for rail-mobile launchers of ICBMs and rail-mobile training launchers. As with road-mobile launchers, these procedures require destruction of the erector-launcher mechanism. However, unlike the chassis of a road-mobile launcher, which may be salvaged, the railcar or flatcar of a rail-mobile launcher is required to be cut in half, rendering it useless.

Paragraph 5 of Section III provides that the inspection team leader and a member of the in-country escort shall fill out the inspection report provided for in Section XVIII of the Inspection Protocol. This report, which attests to the inspection team's observation of the elimination process, includes the measurements and observations that the team made prior to the elimination.

Paragraph 6 of Section III provides that road-mobile launchers of ICBMs, road-mobile training launchers, rail-mobile launchers of ICBMs, and rail-mobile training launchers shall cease to be subject to the limitations provided for in the Treaty after completion of the procedures provided for in this Section. This paragraph also states that a notification of a change in data according to categories of data contained in the Memorandum of Understanding shall be made no later than five days after the completion of the elimination.

Paragraph 7 of Section III requires that elimination of fixed structures for mobile launchers of ICBMs shall be carried out in situ, shall be subject to verification by national technical means of verification, and shall be subject to inspection pursuant to paragraphs 8 and 9 of Article XI of the Treaty, i.e., conversion or elimination inspections and close-out inspections. While the elimination of fixed structures for mobile launchers of ICBMs, which are specified in the Memorandum of Understanding, are subject to observation by national technical means, the remains of the eliminated structures are subject to inspection, in accordance with paragraph 9 of Section XI of the Inspection Protocol, during a base-line data inspection, data update inspection, reentry vehicle inspection, post-dispersal inspection of mobile launchers of ICBMs, or close-out inspection at the facility at which the fixed structure was located.

Paragraph 8 of Section III sets forth the elimination process for fixed structures for mobile launchers of ICBMs. The superstructure of each fixed structure must be dismantled or demolished and removed from its base or foundation, and the base or foundation must be destroyed.

Paragraph 9 requires that the destroyed base or foundation of each eliminated fixed structure remain visible to national technical means of verification either: (a) for the 90-day period following the completion of the elimination process; or (b) until an inspection of the structure at a restricted area or rail garrison is conducted pursuant to paragraph 8 or 9 of Article XI of the Treaty.

Paragraph 10 states that, upon completion of the inspection conducted pursuant to paragraph 8 or 9 of Article XI of the Treaty, the hole resulting from the excavation or explosion of each such structure may be filled and the remains of the destroyed base or foundation of each such structure may be removed from the restricted area or rail garrison. That paragraph also permits filling the hole and removing the remains 90 days after the completion of the elimination process, if an inspection was not conducted.

SECTION IV - PROCEDURES FOR ELIMINATION OF SLBM LAUNCHERS

Section IV consists of eight paragraphs and sets forth procedures for the elimination of SLBM launchers.

Paragraph 1 of Section IV states that the elimination of SLBM launchers carried out in accordance with the procedures provided for in this Section shall be carried out at conversion or elimination facilities for SLBM launchers. That paragraph also states that such elimination shall be subject to verification by national technical means of verification.

Paragraph 2 of Section IV provides that, prior to the initiation of the elimination process for SLBM launchers, all missiles shall be removed from such launchers.

Paragraph 3 of Section IV specifies the action that constitutes initiation of the elimination process for SLBM launchers, i.e., when the ballistic missile submarine has been positioned at the conversion or elimination facility with all missile launch tubes empty and launch-tube hatches opened or removed. Notification of this action is provided in accordance of paragraph 2 of Section IV of the Notification Protocol, and is used to begin the period of time allowed for the completion of the elimination, which is specified in paragraph 6 of this Section. The launcher does not change its Treaty accountability until it meets the requirements of paragraph 4 of this Section.

Paragraph 4 of Section IV states that SLBM launchers undergoing the process of elimination shall be considered to contain deployed SLBMs, and thus to be subject to the limitations provided for in Article II of the Treaty, until all the missile launch-tube hatches and their associated superstructure fairings are removed from the ballistic missile submarine. The sides understand "associated superstructure fairings" to be the part of the superstructure situated over the missile sections. It further provides that notification of the completion of those procedures shall be provided in accordance with paragraph 3 of Section I of the Notification Protocol.

Paragraph 5 of Section IV sets forth the elimination process for SLBM launchers. Two methods of complying with the requirements for elimination are presented: (a) removing the missile section from the submarine; or (b) removing from the submarine the missile launch tubes, and all elements of their reinforcement, including hull liners and segments of circular structural members between the missile launch tubes, as well as the entire portion of the pressure hull, the entire portion of the outer hull, and the entire portion of the superstructure through which all the missile launch tubes pass and that contain all the missile launch-tube penetrations. Under this option, the United States received an assurance that the Soviet Union would cut the hull and superstructure well outside the outermost launch tubes. Also, with respect to the second option, missile launch tubes that have been removed must be cut into two pieces of approximately equal size and must remain in the open in the vicinity of the submarine until completion of the elimination procedures, after which they may be removed from the conversion or elimination facility.

Paragraph 6 of Section IV requires that the elimination process for SLBM launchers carried out in accordance with the procedures provided for in subparagraphs 5(a) and 5(b) of this Section must be completed no later than 270 days and 180 days, respectively, after initiation. That paragraph also provides that notification of the completion of the elimination process must be provided in accordance with paragraph 4 of Section IV of the Notification Protocol.

Paragraph 7 of Section IV provides that a ballistic missile submarine must remain visible to national technical means of verification during the entire elimination process. That paragraph further provides that, upon the completion of the elimination process carried out in accordance with the procedures provided for in subparagraph 5(b) of this Section, the submarine must continue to be visible to national technical means of verification for an additional ten days following the notification provided in accordance with paragraph 4 of Section IV of the Notification Protocol, in order to aid verification of the completion of the elimination process and to ensure that a side could not retain ribs in the missile compartment or begin the refurbishment of the dismantled missile compartment before the end of the observation period.

Paragraph 8 of Section IV describes the permitted refurbishment of submarines following completion of the elimination procedures for SLBM launchers, as long as the submarine is used for purposes not inconsistent with the provisions of the Treaty: a section can be installed without SLBM missile launch tubes and penetrations for them, and without SLBM missile launch-tube reinforcements; or the entire portions of the pressure hull, of the outer hull, and of the superstructure that were removed can be replaced with portions without SLBM missile launch tubes and penetrations for them, and without SLBM missile launch-tube reinforcements. That paragraph stipulates that such refurbished submarines must differ from ballistic missile submarines on the basis of external differences observable by national technical means of verification, and that submarines that have been modified shall not have vertical launch tubes with a diameter large enough to accommodate that side's smallest-diameter SLBM. This latter provision was included to allow retired ballistic missile submarines to be converted for purposes not inconsistent with the Treaty, including conversion to cruise missile submarines, without allowing for redeployment of SLBMs.

SECTION V - PROCEDURES FOR ELIMINATION OF SOFT-SITE LAUNCHERS

Section V consists of six paragraphs and sets forth procedures for the elimination of soft-site launchers, i.e., fixed land-based launchers of ICBMs or SLBMs other than silo launchers.

Paragraph 1 of Section V states that elimination of soft-site launchers shall be carried out in situ and shall be subject to verification by national technical means of verification.

Paragraph 2 of Section V requires that, prior to the initiation of the elimination process for soft-site launchers, all missiles, launch canisters, and shipping containers for ICBMs or SLBMs or for their stages shall be removed at least 1000 meters from each soft-site launcher to be eliminated. The purpose of these steps is to aid monitoring of the elimination process.

Paragraph 3 of Section V specifies the action that constitutes initiation of the elimination process for soft-site launchers, i.e., when the eliminating Party has begun implementation of the procedures provided for in subparagraph 4(a) of this Section. Notification of this action is provided in accordance with paragraph 2 of Section IV of the Notification Protocol, and is used to begin the period of time allowed for the completion of the elimination, which is specified in paragraph 5 of this Section. The launcher remains subject to the limitations provided for in subparagraph 2(d) of Article IV and paragraph 9 of Article V of the Treaty until the procedures provided for in subparagraphs 4(a) and 4(b) of this Section have been carried out. Notification of the completion of both procedures shall be provided in accordance with paragraph 3 of Section I of the Notification Protocol.

Paragraph 4 of Section V sets forth the elimination process for soft-site launchers. That paragraph requires that (a) all fixed launch and propellant-handling equipment, as well as erecting and handling equipment, and fuel tanks, associated with such a launcher shall be removed at least 1000 meters from the soft-site launcher to be eliminated; and (b) the entire area, at least 20 meters in diameter and centered on the soft-site launcher, shall be excavated or exploded to a depth of no less than two meters. The paragraph further states that, to enhance safety, following completion of the procedures provided for in subparagraphs (a) and (b) of this paragraph, the resultant hole may be graded during the 180-day period that began with initiation of the elimination process. The hole may be filled with earth 90 days after that 180-day period.

Paragraph 5 of Section V requires that the elimination process for a soft-site launcher be completed no later than 180 days after its initiation. That paragraph further states that, if grading was performed during the elimination process, notification of the completion of such elimination process shall be provided in accordance with paragraph 4 of Section IV of the Notification Protocol.

Paragraph 6 of Section V requires that soft-site launchers remain visible to national technical means of verification during the entire elimination process and for the following 90-day period. That paragraph also permits the resultant hole to be filled with earth after the 90-day period has elapsed.

SECTION VI - PROCEDURES FOR CONVERSION OR ELIMINATION OF HEAVY BOMBERS AND ELIMINATION OF FORMER HEAVY BOMBERS

Section VI consists of 15 paragraphs and sets forth procedures for the conversion or elimination of heavy bombers and the elimination of former heavy bombers.

Paragraph 1 of Section VI states that the elimination of heavy bombers and former heavy bombers carried out in accordance with the procedures provided for in this Section shall be carried out at conversion or elimination facilities for heavy bombers or former heavy bombers. That paragraph also states that such elimination shall be subject to verification by national technical means of verification and by inspection pursuant to paragraph 2 of this Section.

Paragraph 2 of Section VI establishes the right of each Party to verify by inspection the initiation of the elimination process of heavy bombers equipped for long-range nuclear ALCMs. This right is provided because such bombers count toward the aggregate limits on warheads as ten or eight warheads (or, as equipped, under the specialized counting rules given in Article III for those heavy bombers above 150/180) for the U.S. and USSR, respectively. The inspecting Party needs to confirm that the heavy bombers being eliminated are actually of the type and category declared and not a category or type with one or no attributed warheads. The inspection team arrives at the conversion or elimination facility after having provided notification, at least 72 hours in advance, of its arrival at the point of entry of the Party eliminating the heavy bombers or former heavy bombers; this notification is provided in accordance with paragraph 5 of Section III of the Inspection Protocol. Paragraph 2 also establishes the right of each Party to verify by inspection the completion of the elimination process of heavy bombers or former heavy bombers, except for those cases when the initiation of the elimination process of heavy bombers equipped for long-range nuclear ALCMs was verified by inspection. The paragraph further provides that, if an inspection is conducted, the inspectors shall make the observations and measurements necessary to confirm the type and category of the heavy bomber or former heavy bomber that is to be eliminated or that has been eliminated, as applicable. The entire elimination process is not observed because the length of time involved makes on-site inspections impractical, and because national technical means can observe the remainder of the procedures once the type of the heavy bomber has been confirmed.

Paragraph 3 of Section VI provides the steps that may be carried out prior to the arrival of inspectors and prior to the initiation of the elimination process of a heavy bomber or former heavy bomber: engines and equipment that are not part of the airframe may be removed except for the equipment that is necessary for the inspectors to confirm the type and category of the heavy bomber or former heavy bomber to be eliminated.

Paragraph 4 of Section VI specifies the action that constitutes initiation of the elimination process for a heavy bomber or a former heavy bomber, i.e., as soon as the tail section with tail surfaces has been severed from the fuselage at a location obviously not an assembly joint. The Eleventh Agreed Statement provides that procedures for the elimination of heavy bombers that have no tail sections, e.g., the B-2, shall be agreed within the framework of the JCIC prior to the initiation of elimination of such airplanes. Paragraph 4 further states that a heavy bomber or former heavy bomber shall cease to be subject to the limitations provided for in the Treaty after the completion of such action. It also provides that notification of the completion of the relevant procedures shall be provided in accordance with paragraph 3 of Section I of the Notification Protocol. This notification serves both to change the accountability of the heavy bomber or former heavy bomber and to begin the permitted period of time for completion of the elimination, i.e., 60 days.

Paragraph 5 of Section VI sets forth the elimination process for heavy bombers or former heavy bombers, and requires that the tail section with tail surfaces be severed from the fuselage at a location obviously not an assembly joint; the wings be separated from the fuselage at any location by any method; and the remainder of the fuselage be severed into two pieces, within the area of attachment of the wings to the fuselage, at a location obviously not an assembly joint.

Paragraph 6 of Section VI requires that a heavy bomber or former heavy bomber remain visible to national technical means of verification during the entire elimination process. That paragraph also states that the elimination process for a heavy bomber or former heavy bomber shall be completed no later than 60 days after initiation. This is to make certain that, once a side has initiated elimination and the item has been removed from accountability, the elimination procedures will be completed within a set period, and there will not be a large number of items around that are not accountable but have not met elimination requirements. Notification of the completion shall be provided in accordance with paragraph 4 of Section IV of the Notification Protocol. This notification has several purposes: (1) to establish that the 60-day period for completing the elimination process was met, (2) to begin the 90-day period during which the remains must be displayed in the open, and (3) to alert the other Party that it may send inspectors to verify the elimination of the heavy bombers. The other Party has 90 days in order to exercise this right, pursuant to paragraph 10 of Section XI of the Inspection Protocol.

Paragraph 7 of Section VI requires that, upon completion of the elimination process for a heavy bomber or former heavy bomber, the remains of its airframe shall remain visible to national technical means of verification at the elimination site for a 90-day period, after which they may be removed. That paragraph also states that, in the case of an inspection conducted to confirm that the elimination of a heavy bomber or former heavy bomber has been completed, the remains of its airframe may be removed after the completion of such an inspection.

Paragraph 8 of Section VI provides that, if an inspection was conducted, the inspection team leader and a member of the in-country escort shall fill out the inspection report provided for in Section XVIII of the Inspection Protocol. This report, which attests to the inspection team's observation of the elimination, includes the measurements and observations that the team made prior to the elimination. The report does not constitute the official judgment of the inspecting side that the other side has fully complied with its obligations; rather, such determination is made after the report has been analyzed in capitals.

Paragraph 9 of Section VI establishes the various modes of conversion of heavy bombers, which shall be carried out at conversion or elimination facilities for heavy bombers or former heavy bombers, subject to paragraph 10, 11, and 12 of this Section:

(a) Heavy bombers equipped for long-range nuclear ALCMs converted into heavy bombers equipped for nuclear armaments other than long-range nuclear ALCMs, heavy bombers equipped for non-nuclear armaments, or into training heavy bombers or former heavy bombers.

(b) Heavy bombers equipped for nuclear armaments other than long-range nuclear ALCMs converted into heavy bombers equipped for non-nuclear armaments or into training heavy bombers or former heavy bombers.

(c) Heavy bombers equipped for non-nuclear armaments converted into training heavy bombers or former heavy bombers.

There are no procedures for converting a heavy bomber equipped for nuclear armaments other than long-range nuclear ALCMs into a heavy bomber equipped for long-range nuclear ALCMs, but such a conversion is permitted so long as the specific heavy bomber was not previously equipped for long-range nuclear ALCMs. No conversion procedures were required, and no on-site inspection was necessary, because there is no cheating scenario that makes sense in this situation. Procedures for conversion are involved only when a side reduces the accountability of a heavy bomber against the limits provided for in subparagraph 1(a) or 1(b) of Article II of the Treaty.

Paragraph 10 of Section VI sets forth the procedures for converting a heavy bomber so that it is no longer equipped for long-range nuclear ALCMs: all weapons bays equipped to carry long-range nuclear ALCMs shall be modified so as to render them incapable of carrying long-range nuclear ALCMs, and all external attachment joints for long-range nuclear ALCMs and all external attachment joints for pylons for long-range nuclear ALCMs shall be removed or modified so as to render them incapable of carrying long-range nuclear ALCMs.

Paragraph 11 of Section VI sets forth the procedures for converting a heavy bomber so that it is no longer equipped for nuclear armaments: all weapons bays equipped to carry nuclear armaments shall be modified so as to render them incapable of carrying nuclear armaments, and all external attachment joints for nuclear armaments and all external attachment joints for pylons for nuclear armaments shall be removed or modified so as to render them incapable of carrying nuclear armaments.

Paragraph 12 of Section VI sets forth the procedures for converting a heavy bomber so that it is no longer equipped for non-nuclear air-to-surface armaments: all weapons bays equipped for non-nuclear air-to-surface armaments shall be modified so as to render them incapable of carrying any air-to-surface armaments, and all external attachment joints for such armaments and all external attachment joints for pylons for such armaments shall be removed or modified so as to render them incapable of carrying any air-to-surface armaments.

Paragraph 13 of Section VI states that, upon completion of the requirements contained in paragraphs 10, 11, and 12 of this Section, the converted heavy bomber shall not be flown, but shall be moved directly to the viewing site at the conversion or elimination facility. That paragraph also provides that notification of the completion of the relevant procedures shall be provided in accordance with paragraph 4 of Section IV of the Notification Protocol. The paragraph further states that the converting Party may provide an additional notification regarding the planned date of arrival of such a heavy bomber at the viewing site. The purpose of this voluntary notification is to allow the inspecting side the opportunity to prepare for an early inspection of the converted heavy bomber, so that the converting side may expeditiously move it from the viewing site. The Party receiving such notification or notifications shall have the right, within the 20-day period beginning on the date the converted heavy bomber arrives at the viewing site, to inspect it to confirm that the procedures provided for in paragraphs 10, 11, and 12 of this Section, whichever are applicable, have been completed. Upon completion of such inspection, or, if an inspection was not conducted, upon expiration of the 20-day period, the inspected Party shall have the right to remove the converted heavy bomber or former heavy bomber from the viewing site.

Paragraph 14 of Section VI provides that, if an inspection was conducted, the inspection team leader and a member of the in-country escort shall fill out the inspection report provided for in Section XVIII of the Inspection Protocol. This report, which attests to the inspection team's observation of the conversion, includes the measurements and observations that the team made. The report does not constitute the official judgment of the inspecting side that the other side has fully complied with its obligations; rather, such determination is made after the report has analyzed in capitals.

Paragraph 15 of Section VI states that, upon completion of the inspection provided for in paragraph 13 of this Section or, if an inspection was not conducted, upon expiration of the 20-day period, the converted heavy bomber shall begin to be considered to be a heavy bomber of a different category or to be a former heavy bomber, depending on the conversion procedures that have been carried out. It also provides that notification of the change of accountability of the converted heavy bomber shall be provided in accordance with paragraph 3 of Section I of the Notification Protocol.

SECTION VII - PROCEDURES FOR REMOVAL FROM ACCOUNTABILITY OF ICBMs FOR MOBILE LAUNCHERS OF ICBMs AS A RESULT OF FLIGHT TESTS OR STATIC TESTING

Section VII consists of three paragraphs and sets forth procedures for removal from accountability of ICBMs for mobile launchers of ICBMs as a result of flight tests or static testing.

Paragraph 1 of Section VII states that removal of ICBMs for mobile launchers of ICBMs from accountability as a result of flight tests shall be subject to verification by national technical means of verification. The term "flight test" is defined in the Definitions Annex and means the launch and subsequent flight of a missile.

Paragraph 2 of Section VII sets forth procedures for removal from accountability as a result of flight tests: advance notification shall be provided in accordance with paragraph 1 of Section VI of the Notification Protocol, and the ICBM shall cease to be subject to the limitations provided for in the Treaty after the flight test. Notification of the removal from accountability shall be provided in accordance with paragraph 3 of Section I of the Notification Protocol. The fact that the ICBM shall cease to be subject to Treaty limitations after the flight test does not mean that the missile is no longer subject to the Treaty during the flight test, in particular, with provisions dealing with data denial contained in Article X of the Treaty and in the Telemetry Protocol. Rather, this provision means that, once the missile has been launched and its flight has terminated with its destruction, the ICBM will no longer count under the Treaty.

Paragraph 3 of Section VII sets forth procedures for removal from accountability, as a result of static testing, of ICBMs for mobile launchers of ICBMs or first stages of ICBMs for mobile launchers of ICBMs. Static testing includes the ground-based firing of first stages as well as other means of destructive ground-based testing of missiles or first stages. Such testing is required for necessary R&D and force reliability purposes. That paragraph also states that the Party that has accomplished static testing of an ICBM for mobile launchers of ICBMs or a first stage of an ICBM for mobile launchers of ICBMs shall provide notification of that static testing in accordance with paragraph 5 of Section IV of the Notification Protocol. The paragraph further provides that, if static testing is accomplished through dissection, that is, removal of propellant segments for testing, each time the Party removes such a segment it shall provide notification thereof in accordance with paragraph 5 of Section IV of the Notification Protocol. Finally, the paragraph states that the remains of the ICBM for mobile launchers of ICBMs or of the first stage of an ICBM for mobile launchers of ICBMs shall be eliminated in accordance with applicable procedures provided for in Section I of this Protocol, which include inspection of the remains prior to elimination. The inspection team arrives at the conversion or elimination facility after having provided notification, at least 72 hours in advance, of its arrival at the point of entry of the Party eliminating the ICBM or first stage; this notification is provided in accordance with paragraph 5 of Section III of the Inspection Protocol.

ACCOUNTABILITY

Section VIII consists of eight paragraphs and sets forth other procedures for removal from or changes in accountability, such as accidental loss, disablement beyond repair, static display, conversion for use as ground trainers.

Paragraph 1 of Section VIII states that ICBMs for mobile launchers of ICBMs, their launch canisters, silo launchers of ICBMs, silo training launchers, silo test launchers, mobile launchers of ICBMs, mobile training launchers, fixed structures for mobile launchers of ICBMs, SLBM launchers, soft-site launchers, heavy bombers, former heavy bombers, static display items, and heavy bombers and former heavy bombers converted for use as ground trainers shall cease to be subject to the limitations provided for in the Treaty after the completion of the procedures provided for in paragraph 2, 3, 6, or 8 of this Section, as applicable.

Paragraph 2 of Section VIII sets forth procedures on removal from accountability as the result of accidental loss: if, in the judgment of the Party possessing an item subject to limitations provided for in the Treaty, that item is lost as a result of an accident, notification of such loss shall be provided in accordance with paragraph 3 of Section I of the Notification Protocol, and the item shall cease to be subject to the limitations provided for in the Treaty as of the date or assumed date of the accidental loss specified in such a notification. If an item that is not one of those listed in this paragraph is lost as a result of an accident, i.e., an item of support equipment listed in the Memorandum of Understanding, it would also be notified in accordance with paragraph 3 of Section I of the Notification Protocol.

Paragraph 3 of Section VIII sets forth procedures on removal from accountability as a result of disablement beyond repair: if, in the judgment of the Party possessing an item accountable under the provisions of the Treaty, that item is disabled beyond repair, notification of such disablement shall be provided in accordance with paragraph 3 of Section I of the Notification Protocol. That paragraph further provides that the disabled item shall be eliminated at the site of disablement, or at a conversion or elimination facility, in accordance with applicable procedures provided for in this Protocol, including inspection.

Paragraph 4 of Section VIII states that procedures provided for in paragraph 5 of this Section shall be used to change the accountability, as a result of static display, of ICBMs, SLBMs, launch canisters, ICBM launchers, SLBM launchers, heavy bombers, and former heavy bombers.

Paragraph 5 of Section VIII sets forth procedures for changing the accountability of items as a result of static display: prior to being placed on static display, the item shall be rendered inoperable and unusable so that it cannot be used for purposes inconsistent with the Treaty, and, after being rendered inoperable and unusable, the item to be placed on static display, except for silo launchers of ICBMs, shall be transported to a location where it could be inspected. There are no procedures for making specific items "inoperable and unusable." The paragraph provides that notification of the completion of the procedures for making the item a static display shall be provided in accordance with paragraph 4 of Section IV of the Notification Protocol. This paragraph further states that a Party shall have the right, within the 30-day period beginning on the date of receipt of the notification provided in accordance with paragraph 4 of Section IV of the Notification Protocol, to conduct an inspection of such an item, and, if an inspection is conducted, the inspection team leader and a member of the in-country escort shall fill out the inspection report provided for in Section XVIII of the Inspection Protocol. This report, which attests to the inspection team's observation of the item specified for static display, includes the measurements and observations that the team made. Finally, this paragraph states that, upon completion of the inspection, or, if an inspection was not conducted, upon expiration of the 30-day period, and after the item to be placed on static display, except for silo launchers of ICBMs, has been transported to and installed at its static display location, the item shall be considered to be on static display, and notification of that fact shall be provided in accordance with paragraph 3 of Section I of the Notification Protocol.

Paragraph 6 of Section VIII states that, if the Party possessing the item removes it from static display, that item shall be eliminated at the site of static display, or at a conversion or elimination facility, in accordance with applicable procedures provided for in this Protocol. This paragraph further provides that, upon completion of such procedures, the eliminated item shall cease to be subject to the limitations on static displays provided for in paragraph 7(a) of Article IV of the Treaty and notification of the removal from accountability shall be provided in accordance with paragraph 3 of Section I of the Notification Protocol.

Paragraph 7 of Section VIII sets forth procedures for changing accountability of heavy bombers or former heavy bombers as a result of conversion for use as ground trainers: at least one third of each wing or the entire vertical stabilizer of the heavy bomber or former heavy bomber shall be removed, and the heavy bomber or former heavy bomber so converted shall cease to be subject to the limitations provided for in Article II and in subparagraphs 3(a) and 3(b) of Article IV of the Treaty. The paragraph also states that notification of the change in accountability of the converted heavy bomber or former heavy bomber shall be provided in accordance with paragraph 3 of Section I of the Notification Protocol. The paragraph further requires that, upon the completion of the conversion process, a heavy bomber or former heavy bomber converted for use as a ground trainer remain visible to national technical means of verification for a 90-day period.

Paragraph 8 of Section VIII states that a heavy bomber or former heavy bomber converted for use as a ground trainer that is no longer used for such purposes shall be eliminated in situ or at a conversion or elimination facility for heavy bombers or former heavy bombers, in accordance with applicable procedures provided for in Section VI of this Protocol. That paragraph also provides that, upon the completion of the appropriate elimination procedures, the heavy bomber or former heavy bomber converted for use as a ground trainer shall cease to be subject to the numerical limitations on ground trainers provided for in paragraph 28 of Article IV of the Treaty, and notification of the removal from accountability of the converted heavy bomber or former heavy bomber shall be provided in accordance with paragraph 3 of Section I of the Notification Protocol.

Section IX - PROCEDURES FOR ELIMINATION OF FACILITIES

Section IX consists of two paragraphs and sets forth procedures for the elimination of facilities.

Paragraph 1 of Section IX states that each Party shall have the right to verify by inspection that the elimination of facilities provided for in paragraph 2 of Section XII of the Inspection Protocol has been completed, i.e., ICBM bases; submarine bases; ICBM loading facilities; SLBM loading facilities; repair facilities for ICBMs, SLBMs, or mobile launchers of ICBMs; storage facilities for ICBMs, SLBMs, mobile launchers of ICBMs, heavy bombers, or former heavy bombers; training facilities for ICBMs, SLBMs, or heavy bombers; conversion or elimination facilities for ICBMs, SLBMs, or mobile launchers of ICBMs; test ranges; air bases for heavy bombers; and air bases for former heavy bombers. The paragraph further states that the completion of elimination of all other declared facilities shall be subject to verification by national technical means of verification.

Paragraph 2 of Section IX specifies that any declared facility shall be considered to be eliminated for the purposes of the Treaty as soon as all strategic offensive arms specified for such a facility, and all support equipment, have been removed and all silo launchers and fixed structures for mobile launchers of ICBMs are eliminated in accordance with the procedures provided for in this Protocol. The paragraph also provides that notification of the elimination of a facility shall be provided in accordance with paragraph 3 of Section I of the Notification Protocol.

A final provision, like those in the other Protocols, provides that, pursuant to subparagraph (b) of Article XV of the Treaty, additional measures can be agreed upon by the Parties with respect to this Protocol to improve the viability and effectiveness of the Treaty. The Parties agree that, if changes need to be made in the Protocol that do not affect substantive rights or obligations under the Treaty, then such changes as are agreed upon shall be made within the framework of the Joint Compliance and Inspection Commission (JCIC), without resorting to the amendment procedures set forth in Article XVIII of the Treaty.

Pursuant to Article XVII of the Treaty, the Protocol is deemed to be an integral part of the Treaty.