JOINT COMPLIANCE AND INSPECTION COMMISSION
AGREEMENT NUMBER 1
RELATING TO THE TREATY BETWEEN
THE UNITED STATES OF AMERICA AND
THE UNION OF SOVIET SOCIALIST REPUBLICS ON
THE REDUCTION AND LIMITATION OF STRATEGIC OFFENSIVE ARMS
OF JULY 31, 1991

ADDITIONAL PROCEDURES GOVERNING THE OPERATION OF
THE JOINT COMPLIANCE AND INSPECTION COMMISSION

The Government of the United States of America, the Government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Government of the Russian Federation, and the Government of Ukraine, hereinafter referred to as the Parties,

In accordance with the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms of July 31, 1991, hereinafter referred to as the Treaty,

Acting pursuant to Articles III and IV of the Protocol to the Treaty, signed on May 23, 1992, in Lisbon,

Acting pursuant to paragraph 1 of Section VIII of the Protocol on the Joint Compliance and Inspection Commission Relating to the Treaty, hereinafter referred to as the JCIC Protocol,

Have agreed as follows:

Article One

The following provisions shall constitute Annex 1 to the JCIC Protocol:

"ANNEX 1

ADDITIONAL PROCEDURES GOVERNING THE OPERATION OF THE JOINT COMPLIANCE AND INSPECTION COMMISSION

1. With respect to paragraph 2 of Section I of this Protocol, the following additional provisions shall apply:

    'The Republic of Belarus, the Republic of Kazakhstan, the Russian Federation, or Ukraine may authorize any other of these Parties to represent its interests at a session of the Commission through the head representative of such other Party. Such authorization shall be provided in diplomatic notes to the representatives of all other Parties prior to the commencement of a session and shall state the subject matter, scope, and duration of the authorization.'

2. Paragraph 3 of Section I of this Protocol shall be superseded by the following provision:

    'The head representatives of the United States of America, the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation, and Ukraine shall alternately preside over meetings during a session of the Commission, unless otherwise agreed during a session.'

3. Paragraph 2 of Section II of this Protocol shall be superseded by the following provision:

    'A session of the Commission shall be convened on the date agreed by at least two Parties, including the United States of America, but no later than 30 days after the date proposed in the request provided for in subparagraph 1(c) of Section II of this Protocol.'

4. The first sentence of paragraph 1 of Section III of this Protocol shall be superseded by the following provisions:

    'A special session of the Commission shall be convened either at the request of the United States of America to address what it considers to be an urgent concern relating to compliance of the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation, or Ukraine with the obligations assumed under the Treaty, or at the request of the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation, or Ukraine to address what it considers to be an urgent concern relating to compliance of the United States of America with the obligations assumed under the Treaty. All Parties shall have the right to participate in special sessions.'

5. The second sentence of Section V of this Protocol shall be superseded by the following provision:

    'The Commission may record agreements or the results of its work in an appropriate document, which shall be done in five copies, each in the English and Russian languages, both texts being equally authentic.'

6. With respect to Section V of this Protocol, the following additional provisions shall apply:

    'The Parties agree that, after at least two Parties, including the United States of America, sign an agreement, the United States of America shall provide the text of the agreement to the Parties that did not sign the agreement. Each Party that has signed the agreement shall have the right to identify the agreement as one to which the provisions of subparagraph (c) of this Section shall not apply. The head representative of each Party that made such an identification shall, during the session of the Commission at which the agreement was signed, provide to all Parties that have signed the agreement its reasons for making such identification. These reasons shall be provided by the United States of America to all Parties that have not signed the agreement when it provides the text of the agreement. Each Party that did not sign the agreement:

      (a) shall express its consent to be bound by the agreement by providing a diplomatic note of acceptance to all other Parties no later than 30 days after receiving the text of the agreement; or

      (b) shall provide the substance of any objections to that agreement to all other Parties in a diplomatic note no later than 30 days after receiving the text of the agreement. If a Party provides an objection, that Party shall attend the next session of the Commission, unless the objection is resolved before the next session convenes; or

      (c) shall be considered to have expressed its consent to be bound by the agreement if it does not provide a diplomatic note pursuant to either subparagraph (a) or subparagraph (b) of this Section, provided that no Party that signed the agreement has identified that agreement, as provided for in this Section, as one to which the provisions of this subparagraph shall not apply.

    Each agreement shall enter into force on the date when all Parties have consented to be bound by that agreement, unless a later date is agreed by all Parties. The Parties agree that the United States of America shall notify all other Parties by diplomatic note of the date of entry into force of each agreement.'

7. With respect to Section V of this Protocol, the following additional provisions shall apply:

    'Parties that sign or otherwise consent to be bound by an agreement may, on a case-by-case basis, agree to temporary observance of that agreement, provided that the agreement does not alter the rights and obligations under the Treaty. Temporary observance shall remain in effect for an agreed period or until that agreement enters into force.'

8. Section VII of this Protocol shall be superseded by the following provisions:

    'Communications pursuant to this Protocol shall be provided through diplomatic channels; or shall be provided through the Nuclear Risk Reduction Center of the United States of America, and the Nuclear Risk Reduction Center of the Russian Federation or other equivalent continuous communications centers established by the Republic of Belarus, the Republic of Kazakhstan, or Ukraine. All requests, responses, and notifications required by this Protocol shall be provided by the pertinent Party to all other Parties.'"

Article Two 1

1. The number "1" shall be superscripted at the end of the title of Annex 1. The corresponding footnote shall read:

    "This Annex is included in this Protocol pursuant to Joint Compliance and Inspection Commission Agreement Number 1 of October 23, 1992."

2. The number "1" shall be used in the JCIC Protocol to refer to the corresponding footnote to that Protocol, which shall read:

    "An addition to these provisions is contained in Annex 1 to this Protocol."

    The number "1" shall be superscripted at the end of:

      (a) paragraph 2 of Section I; and

      (b) Section V.

3. The number "2" shall be used in the JCIC Protocol to refer to the corresponding footnote to that Protocol, which shall read:

    'A change to this provision is contained in Annex l to this Protocol.'

    The number "2" shall be superscripted at the end of:

      (a) paragraph 3 of Section I;

      (b) paragraph 2 of Section II;

      (c) the first sentence of paragraph 1 of Section III;

      (d) the second sentence of Section V; and

      (e) Section VII.

Article Three

1. This Agreement shall apply provisionally from the date of its signature until July 31, 1993, unless, before the expiration of this period:

    (a) a Party communicates to all other Parties its decision to terminate the provisional application of this Agreement; or

    (b) the Treaty enters into force.

The Parties may agree to extend the provisional application of this Agreement for additional periods, subject to the same conditions specified in subparagraphs (a) and (b) of this paragraph.

2. The provisions of this Agreement shall apply provisionally in light of and in conformity with the other provisions of the Treaty.

3. This Agreement shall enter into force on the date of entry into force of the Treaty, and shall remain in force as long as the Treaty remains in force, unless this Agreement is superseded. This Agreement shall be reviewed, at the request of any Party, upon the removal or elimination of all strategic offensive arms from the territory of a Party, but no later than the end of the period of reductions pursuant to subparagraph 2(c) of Article II of the Treaty. All Parties shall take part in such a review.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE at Geneva on October 23, 1992, in five copies, each in the English and Russian languages, both texts being equally authentic.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
Steven Steiner

FOR THE GOVERNMENT OF THE REPUBLIC OF BELARUS:
Andrey Sannikov

FOR THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN:
Kasymzhomart Tokayev

FOR THE GOVERNMENT OF THE RUSSIAN FEDERATION:
Gennadiy Shabannikov

FOR THE GOVERNMENT OF UKRAINE:
Konstantin Hrishchenko
 

1 The footnotes and numbers specified in paragraphs 2 and 3 of this Article have not been incorporated into this publication of the Treaty. Rather, the methodology for indicating viability and effectiveness changes has been kept consistent with that used in the remainder of this publication.