[JPRT, 111th Congress]
[From the U.S. Government Printing Office]


 
                      COMMITTEE ON FOREIGN AFFAIRS 
                     COMMITTEE ON FOREIGN RELATIONS 

=======================================================================

        Legislation on
        Foreign Relations
        Through 2005

                                     
                  [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     

                         JOINT COMMITTEE PRINT

                               JULY 2009

                                VOLUME V

                     TREATIES AND RELATED MATERIAL

                     U.S. House of Representatives

                              U.S. Senate
        Legislation on Foreign Relations Through 2005--Volume V




                      COMMITTEE ON FOREIGN AFFAIRS
                     COMMITTEE ON FOREIGN RELATIONS

=======================================================================

        Legislation on
        Foreign Relations
        Through 2005

                                     
                  [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
                                     

                               JULY 2009

                                VOLUME V

                     TREATIES AND RELATED MATERIAL

                     U.S. House of Representatives

                              U.S. Senate

 Printed for the use of the Committees on Foreign Affairs and Foreign 
 Relations of the House of Representatives and the Senate respectively

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                      COMMITTEE ON FOREIGN AFFAIRS

                 HOWARD L. BERMAN, California, Chairman

GARY L. ACKERMAN, New York           ILEANA ROS-LEHTINEN, Florida
ENI F.H. FALEOMAVAEGA, American      CHRISTOPHER H. SMITH, New Jersey
Samoa                                DAN BURTON, Indiana
DONALD M. PAYNE, New Jersey          ELTON GALLEGLY, California
BRAD SHERMAN, California             DANA ROHRABACHER, California
ROBERT WEXLER, Florida               DONALD A. MANZULLO, Illinois
ELIOT L. ENGEL, New York             EDWARD R. ROYCE, California
BILL DELAHUNT, Massachusetts         RON PAUL, Texas
GREGORY W. MEEKS, New York           JEFF FLAKE, Arizona
DIANE E. WATSON, California          MIKE PENCE, Indiana
RUSS CARNAHAN, Missouri              JOE WILSON, South Carolina
ALBIO SIRES, New Jersey              JOHN BOOZMAN, Arkansas
GERALD E. CONNOLLY, Virginia         J. GRESHAM BARRETT, South Carolina
MICHAEL E. McMAHON, New York         CONNIE MACK, Florida
JOHN S. TANNER, Tennessee            JEFF FORTENBERRY, Nebraska
GENE GREEN, Texas                    MICHAEL T. McCAUL, Texas
LYNN WOOLSEY, California             TED POE, Texas
SHEILA JACKSON LEE, Texas            BOB INGLIS, South Carolina
BARBARA LEE, California              GUS BILIRAKIS, Florida
SHELLEY BERKLEY, Nevada
JOSEPH CROWLEY, New York
MIKE ROSS, Arkansas
BRAD MILLER, North Carolina
DAVID SCOTT, Georgia
JIM COSTA, California
KEITH ELLISON, Minnesota
GABRIELLE GIFFORDS, Arizona
RON KLEIN, Florida

                   Richard J. Kessler, Staff Director

                Yleem Poblete, Republican Staff Director

                                 ______

                     COMMITTEE ON FOREIGN RELATIONS

                 JOHN F. KERRY, Massachusetts, Chairman

CHRISTOPHER J. DODD, Connecticut     RICHARD G. LUGAR, Indiana
RUSSELL D. FEINGOLD, Wisconsin       Republican Leader designee
BARBARA BOXER, California            BOB CORKER, Tennessee
ROBERT MENENDEZ, New Jersey          JOHNNY ISAKSON, Georgia
BENJAMIN L. CARDIN, Maryland         JAMES E. RISCH, Idaho
ROBERT P. CASEY, Jr., Pennsylvania   JIM DeMINT, South Carolina
JIM WEBB, Virginia                   JOHN BARRASSO, Wyoming
JEANNE SHAHEEN, New Hampshire        ROGER F. WICKER, Mississippi
EDWARD E. KAUFMAN, Delaware
KIRSTEN E. GILLIBRAND, New York

                      David McKean, Staff Director

            Kenneth A. Myers, Jr., Republican Staff Director

                                  (ii)

  


                                FOREWORD

                              ----------                              

    This volume of treaties and related material is part of a 
five volume set of laws and related material frequently 
referred to by the Committees on Foreign Affairs of the House 
of Representatives and Foreign Relations of the Senate, amended 
to date and annotated to show pertinent history or cross 
references.
    Volumes I (A and B), II (A and B), III and IV contain 
legislation and related material and are republished with 
amendments and additions on a regular basis. Volume V, which 
contains treaties and related material, will be revised as 
necessary.
    We  wish  to  express  our  appreciation  to  Larry Q. 
Nowels and Dianne E Rennack of the Foreign Affairs, Defense, 
and Trade Division of the Congressional Research Service of the 
Library of Congress and Suzanne Kayne of the U.S. Government 
Printing Office who prepared volume V of this year's 
compilation.
                                           Howard L. Berman,
                            Chairman, Committee on Foreign Affairs.
                                           John F. Kerry,
                          Chairman, Committee on Foreign Relations.

                                                      July 1, 2009.

                                 (iii)


                            EXPLANATORY NOTE

                              ----------                              

    All treaties included in this volume, except as noted 
below, are currently in force. The texts of the treaties have 
been codified, with footnoting, to show them in amended form. 
Treaties included in the volume but not presently in force for 
the United States are the Convention Relating to the Status of 
Refugees, the Treaty for the Prohibition of Nuclear Weapons in 
Latin America with Additional Protocols I and II, and the 
Interim Agreement on Certain Measures With Respect to the 
Limitation of Strategic Offensive Arms. All other material in 
this volume is in force as of December 31, 2005.
    Corrections may be sent to Dianne E Rennack at the Library 
of Congress, Congressional Research Service, Washington, D.C., 
20540-7460, or by e-mail at drennack@crs.loc.gov.

                                  (v)


                             ABBREVIATIONS

                              ----------                              



Bevans......................................  Treaties and Other
                                               International Agreements
                                               of the United States of
                                               America, 1776-1949,
                                               compiled under the
                                               direction of Charles I.
                                               Bevans.
CFR.........................................  Code of Federal
                                               Regulations.
EAS.........................................  Executive Agreement
                                               Series.
F.R.........................................  Federal Register.
LNTS........................................  League of Nations Treaty
                                               Series.
I Malloy, II Malloy.........................  Treaties, Conventions,
                                               International Acts,
                                               Protocols, and Agreements
                                               Between the United States
                                               of America and Other
                                               Powers, 1776-1909,
                                               compiled under the
                                               direction of the United
                                               States Senate by William
                                               M. Malloy.
R.S.........................................  Revised Statutes.
Stat........................................  United States Statutes at
                                               Large.
TIAS........................................  Treaties and Other
                                               International Acts
                                               Series.
TS..........................................  Treaty Series.
UNTS........................................  United Nations Treaty
                                               Series.
U.S.C.......................................  United States Code.
UST.........................................  United States Treaties and
                                               Other International
                                               Agreements.
                                  (vi)





















                            C O N T E N T S

                              ----------                              
                                                                   Page

FOREWORD.........................................................   iii

EXPLANATORY NOTE.................................................     v

ABBREVIATIONS....................................................   vii

A. FOREIGN ASSISTANCE (See Volume I)

B. AGRICULTURAL COMMODITIES......................................     3

 1. Agreement Establishing the International Fund for 
    Agricultural Development.....................................     5
 2. Grains Trade Convention, 1995................................    30
 3. Food Aid Convention, 1999....................................    47

C. THE PEACE CORPS (See Volume I-B)

D. DEPARTMENT OF STATE...........................................    67

 1. State Department Procedures on Treaties and Other 
    International Agreements (partial text of circular 175)......    69
 2. Vienna Convention on Diplomatic Relations....................    95
 3. Vienna Convention on Consular Relations......................   112
 4. Organization and Administration..............................   143
 5. Control of Persons Leaving or Entering the United States 
    (Presidential Proclamation 3004).............................   150
 6. Migration and Refugee Assistance.............................   153

E. INFORMATION AND EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS....   177

 1. Agreement for Facilitating the International Circulation of 
    Visual and Auditory Materials of an Educational, Scientific, 
    and Cultural Character (Beirut Agreement of 1949)............   178
 2. Agreement on the Importation of Educational, Scientific, and 
    Cultural Materials (Florence Agreement), with Reservation and 
    Associated Protocol..........................................   184
 3. Protocol to the Agreement on the Importation of Educational, 
    Scientific, and Cultural Materials...........................   193

F. ARMS CONTROL AND DISARMAMENT..................................   205

 1. Limits on Nuclear Testing....................................   207
 2. SALT and Related Materials...................................   323
 3. Treaty Between the United States of America and the Union of 
    Soviet Socialist Republics on the Limitation of Anti-
    Ballistic Missile Systems, With Associated Protocol].........   342
 4. INF..........................................................   349
 5. Seabed Arms Control Treaty...................................   402
 6. Convention on the Prohibition of Military or Any Other 
    Hostile Use of Environmental Modification Techniques.........   407
 7. Treaty on the Non-Proliferation of Nuclear Weapons...........   412
 8. Chemical and Biological Warfare..............................   418
 9. Conventional Armed Forces in Europe (CFE)....................   458
10. Antarctic Treaty.............................................   481
11. Prohibition of Nuclear Weapons in Latin America..............   487
12. U.S.-U.S.S.R. Bilateral Arms Control Agreements..............   506
13. U.S.-Russia Bilateral Arms Control Agreements................   518
14. Convention on Prohibitions or Restrictions on the Use of 
    Certain Conventional Weapons Which May Be Deemed to be 
    Excessively Injurious or to Have Indiscriminate Effects, with 
    Protocol.....................................................   524

G. WAR POWERS, COLLECTIVE SECURITY TREATIES, AND RELATED 
    MATERIALS....................................................   531

 1. Latin America................................................   533
 2. North Atlantic...............................................   713
 3. Security Treaty Between Australia, New Zealand, and the 
    United States of America (ANZUS Pact)........................   737
 4. Asia.........................................................   740
 5. Agreement Between the United States of America and the 
    Multinational Force and Observers............................   754

H. UNITED NATIONS AND OTHER INTERNATIONAL ORGANIZATIONS..........   783

 1. Charter of the United Nations................................   785
 2. International Court of Justice...............................   810
 3. Agreement Between the United Nations and the United States of 
    America Regarding the Headquarters of the United Nations.....   826
 4. Convention on Privileges and Immunities of the United Nations   837

I. INTERNATIONAL CRIME AND LAW ENFORCEMENT.......................   847

 1. Terrorism....................................................   849
 2. U.N. Convention on the Prevention and Punishment of Crimes 
    Against Internationally Protected Persons, Including 
    Diplomatic Agents............................................   886
 3. International Convention Against the Taking of Hostages......   892
 4. United Nations Convention Against Illicit Traffic in Narcotic 
    Drugs and Psychotropic Substances............................   899
 5. Inter-American Convention on Serving Criminal Sentences 
    Abroad.......................................................   926
 6. U.N. Convention Against Transnational Organized Crime........   932
 7. Convention on Combating Bribery of Foreign Public Officials 
    in International Business Transactions.......................   962
 8. Inter-American Convention Against Corruption.................   969
 9. Mutual Legal Assistance Treaties.............................   979
10. Extradition Treaties.........................................   994
11. Return of Stolen Vehicles Treaties...........................  1006

J. HUMAN RIGHTS..................................................  1015

 1. Universal Declaration of Human Rights........................  1017
 2. United Nations Convention on the Prevention and Punishment of 
    the Crime of Genocide........................................  1023
 3. Senate Resolution of Ratification of Genocide Convention, 
    including Reservations, Understandings and Declaration.......  1027
 4. International Covenant on Civil and Political Rights.........  1029
 5. ILO Convention No. 105 Concerning the Abolition of Forced 
    Labor........................................................  1046
 6. ILO Convention No. 144 Concerning Tripartite Consultations to 
    Promote International Labor Standards........................  1049
 7. ILO Convention Concerning the Prohibition and Immediate 
    Action for the Elimination of the Worst Forms of Child Labor.  1053
 8. ILO Convention Concerning Safety and Health in Mines.........  1058
 9. Two Optional Protocols to the Convention on the Rights of the 
    Child........................................................  1067

K. FINANCIAL INSTITUTIONS........................................  1081

 1. International Monetary Fund..................................  1083
 2. Articles of Agreement Establishing the International Bank for 
    Reconstruction and Development (Amended).....................  1182
 3. Articles of Agreement Establishing the International 
    Development Association......................................  1208
 4. Articles of Agreement Establishing the International Finance 
    Corporation (Amended)........................................  1229
 5. Convention Establishing the Multilateral Investment Guarantee 
    Agency.......................................................  1246
 6. Instrument for the Establishment of the Restructured Global 
    Environment Facility (Amended)...............................  1279
 7. Articles of Agreement Establishing the Inter-American 
    Development Bank (Amended)...................................  1304
 8. Inter-American Investment Corporation........................  1343
 9. Articles of Agreement Establishing the Asian Development Bank  1362
10. Articles of Agreement Establishing the African Development 
    Fund.........................................................  1395
11. Convention on the Settlement of Investment Disputes Between 
    States and Nationals of other States.........................  1421
12. Agreement Establishing the European Bank for Reconstruction 
    and Development..............................................  1439
13. Agreement Between the United States and Mexico Concerning the 
    Establishment of a Border Environment Cooperation Commission 
    and a North American Development Bank........................  1477

L. FOREIGN ECONOMIC POLICY: TARIFF AND TRADE LAWS................  1503

 1. International Trade Functions................................  1505
 2. Hostage Return and Economic Relations with Iran..............  1520
 3. World Trade Organization and the General Agreement on Tariffs 
    and Trade....................................................  1529
 4. International Telecommunication Union........................  1635
 5. World Intellectual Property Organization Copyright Treaty....  1704
 6. Trademark Law Treaty.........................................  1711
 7. Bilateral Investment Treaties................................  1730
 8. Conventions for the Avoidance of Double Taxation and the 
    Prevention of Fiscal Evasion With Respect to Taxes on Income.  1743
 9. Friendship Treaties..........................................  1776
10. Bilateral Free Trade Agreements..............................  1795

M. LAW OF THE SEAS AND SELECTED MARITIME LEGISLATION.............  1955

 1. Law of the Seas..............................................  1957
 2. Convention for the Prohibition of Fishing with Long Driftnets 
    in the South Pacific.........................................  1986
 3. Inter-American Convention for the Protection of Sea Turtles..  1994

N. ENERGY AND NATURAL RESOURCES..................................  2009

 1. Nuclear Energy...............................................  2011
 2. Agreement on an International Energy Program.................  2114
 3. Convention on Early Notification of a Nuclear Accident.......  2140
 4. Convention on Assistance in the Case of a Nuclear Accident or 
    Radiological Emergency.......................................  2147
 5. Joint Convention on the Safety of Spent Fuel Management and 
    on the Safety of Radioactive Waster Management...............  2157
 6. Montreal Protocol on Substances that Deplete the Ozone Layer.  2176
 7. U.N. Convention to Combat Desertification in Those Countries 
    Experiencing Serious Drought and/or Desertification, 
    Particularly in Africa.......................................  2204
 8. International Plant Protection Convention....................  2231
 9 Agreement Establishing the South Pacific Regional Environment 
    Programme....................................................  2245

O. AVIATION, SPACE, AND INTERNATIONAL SCIENTIFIC COOPERATION.....  2253

 1. Aviation.....................................................  2255
 2. Space and International Scientific Cooperation...............  2314

INDEX............................................................  2357
=======================================================================


                         A. FOREIGN ASSISTANCE

            (See Volume I for all Material on This Subject)

=======================================================================

      
=======================================================================


                      B. AGRICULTURAL COMMODITIES

                                CONTENTS

                                                                   Page
 1. Agreement Establishing the International Fund for 
    Agricultural Development.....................................     5
 2. Grains Trade Convention, 1995................................    30
 3. Food Aid Convention, 1999....................................    47

=======================================================================

      
   1. Agreement Establishing the International Fund for Agricultural 
                              Development

 Done at Rome June 13, 1976; Signed by the President August 15, 1977; 
Instrument of acceptance deposited October 4, 1977; Entered into force 
November 30, 1977;\1\ Amended March 11, 1987,\2\ February 20, 1997, and 
                           February 21, 1997

                                Preamble

    Recognizing that the continuing food problem of the world 
is afflicting a large segment of the people of the developing 
countries and is jeopardizing the most fundamental principles 
and values associated with the right to life and human dignity;
---------------------------------------------------------------------------
    \1\ 28 UST 8435; TIAS 8765.
    \2\ TIAS 12068.

    Considering the need to improve the conditions of life in 
the developing countries and to promote socio-economic 
development within the context of the priorities and objectives 
of the developing countries, giving due regard to both economic 
---------------------------------------------------------------------------
and social benefits;

    Bearing in mind the responsibility of the Food and 
Agriculture Organization of the United Nations within the 
United Nations system, to assist the efforts of developing 
countries to increase food and agricultural production, as well 
as that organization's technical competence and experience in 
this field;

    Conscious of the goals and objectives of the International 
Development Strategy for the Second United Nations Development 
Decade and especially the need to spread the benefits of 
assistance to all;

    Bearing in mind paragraph (f) of part 2 (``Food'') of 
Section I of General Assembly resolution 3202 (S-VI) on the 
Programme of Action on the Establishment of a new International 
Economic Order;

    Bearing in mind also the need for effecting transfer of 
technology for food and agricultural development and Section V 
(``Food and Agriculture'') of General Assembly resolution 3362 
(S-VII) on development and international economic co-operation, 
with particular reference to paragraph 6 thereof regarding the 
establishment of an International Fund for Agricultural 
Development;

    Recalling paragraph 13 of General Assembly resolution 3348 
(XXIX) and resolutions I and II of the World Food Conference on 
the objectives and strategies of food production and on the 
priorities for agricultural and rural development;

    Recalling resolution XIII of the World Food Conference 
which recognized:
          (i) the need for a substantial increase in investment 
        in agriculture for increasing food and agricultural 
        production in the developing countries;
          (ii) that provision of an adequate supply and proper 
        utilization of food are the common responsibility of 
        all members of the international community, and
          (iii) that the prospects of the world food situation 
        call for urgent and co-ordinated measures by all 
        countries;
and which resolved:
        that an International Fund for Agricultural Development 
        should be established immediately to finance 
        agricultural development projects primarily for food 
        production in the developing countries;

    The Contracting Parties have agreed to establish the 
International Fund for Agricultural Development, which shall be 
governed by the following provisions:

                               Article 1

                              definitions

    For the purposes of this Agreement the terms set out below 
shall have the following meaning, unless the context otherwise 
requires:
    (a) ``Fund'' shall mean the International Fund for 
Agricultural Development;
    (b) ``food production'' shall mean the production of food 
including the development of fisheries and livestock;
    (c) ``State'' shall mean any State, or any grouping of 
States eligible for membership of the Fund in accordance with 
Section 1(b) of Article 3;
    (d) ``freely convertible currency'' shall mean:
          (i) currency of a Member which the Fund determines, 
        after consultation with the International Monetary 
        Fund, is adequately convertible into the currencies of 
        other Members for the purposes of the Fund's 
        operations; or
          (ii) currency of a Member which such Member agrees, 
        on terms satisfactory to the Fund, to exchange for the 
        currencies of other Members for the purposes of the 
        Fund's operations.
``Currency of a Member'' shall, in respect of a Member that is 
a grouping of States, mean the currency of any member of such 
grouping;
    (e) ``Governor'' shall mean a person whom a Member has 
designated as its principal representative at a session of the 
Governing Council;
    (f) ``votes cast'' shall mean affirmative and negative 
votes.

                               Article 2

                        objective and functions

    The objective of the Fund shall be to mobilize additional 
resources to be made available on concessional terms for 
agricultural development in developing Member States. In 
fulfilling this objective the Fund shall provide financing 
primarily for projects and programmes specifically designed to 
introduce, expand or improve food production systems and to 
strengthen related policies and institutions within the 
framework of national priorities and strategies, taking into 
consideration: the need to increase food production in the 
poorest food deficit countries; the potential for increasing 
food production in other developing countries; and the 
importance of improving the nutritional level of the poorest 
populations in developing countries and the conditions of their 
lives.

                               Article 3

                               membership

Section 1--Eligibility for membership

    (a) Membership of the Fund shall be open to any State 
member of the United Nations or of any of its specialized 
agencies, or of the International Atomic Energy Agency.
    (b) Membership shall also be open to any grouping of States 
whose members have delegated to it powers in fields falling 
within the competence of the Fund, and which is able to fulfill 
all the obligations of a Member of the Fund.

Section 2--Original Members and non-original Members

    (a) Original Members of the Fund shall be those States 
listed in Schedule I, which forms an integral part of this 
Agreement, that become parties to this Agreement in accordance 
with Section 1(b) of Article 13.
    (b) Non-original Members of the Fund shall be those other 
States that, after approval of their membership by the 
Governing Council, become parties to this Agreement in 
accordance with Section 1(c) of Article 13.

Section 3--Limitation of liability \3\

    No Member shall be liable, by reason of its membership, for 
acts or obligations of the Fund.
---------------------------------------------------------------------------
    \3\ Amendment of February 20, 1997 struck out sec. 3 and 
redesignated sec. 4 as sec. 3. Sec. 3 had previously related to the 
classification of members.
---------------------------------------------------------------------------

                               Article 4

                               resources

Section 1--Resources of the Fund

    The resources of the Fund shall consist of:
          (i) initial contributions;
          (ii) additional contributions;
          (iii) special contributions from non-member States 
        and from other sources;
          (iv) funds derived or to be derived \4\ from 
        operations or otherwise accruing to the Fund.
---------------------------------------------------------------------------
    \4\ Amendment of February 21, 1997 inserted ``or to be derived''.
---------------------------------------------------------------------------

Section 2--Initial contributions

    (a) \5\ The amount of an initial contribution of an 
original and a non-original Member shall be the amount and in 
the currency of such contribution specified by the Member in 
its instrument of ratification, acceptance, approval or 
accession deposited by that Member pursuant to Section 1(b) and 
(c) of Article 13 of this Agreement.
---------------------------------------------------------------------------
    \5\ Amendment of February 20, 1997 amended and restated subsec. 
(a), struck out subsec. (b), and redesignated subsec. (c) as subsec. 
(b).
---------------------------------------------------------------------------
    (b) \5\ The initial contribution of each Member shall be 
due and payable in the forms set forth in Section 5 (b) and (c) 
of this Article, either in a single sum or, at the option of 
the Member, in three equal annual instalments. The single sum 
or the first annual instalment shall be due on the thirtieth 
day after this Agreement enters into force with respect to that 
Member; any second and third instalments shall be due on the 
first and on the second anniversary of the date on which the 
first instalment was due.

Section 3--Additional contributions

    In order to assure continuity in the operations of the 
Fund, the Governing Council shall periodically, at such 
intervals as it deems appropriate, review the adequacy of the 
resources available to the Fund; the first such review shall 
take place not later than three years after the Fund commences 
operations. If the Governing Council, as a result of such a 
review, deems it necessary or desirable, it may invite Members 
to make additional contributions to the resources of the Fund 
on terms and conditions consistent with Section 5 of this 
Article. Decisions under this Section shall be taken by a two-
thirds majority of the total number of votes.

Section 4--Increases in contributions

    The Governing Council may authorize, at any time, a Member 
to increase the amount of any of its contributions.

Section 5--Conditions governing contributions

    (a) Contributions shall be made without restrictions as to 
use and shall be refunded to contributing Members only in 
accordance with Section 4 of Article 9.
    (b) Contributions shall be made in freely convertible 
currencies.\6\
---------------------------------------------------------------------------
    \6\ Amendment of February 20, 1997 struck out ``except that Members 
in category III may pay contributions in their own currency whether or 
not it is freely convertible''.
---------------------------------------------------------------------------
    (c) Contributions to the Fund shall be made in cash or, to 
the extent that any part of such contributions is not needed 
immediately by the Fund in its operations, such part may be 
paid in the form of non-negotiable, irrevocable, non-interest 
bearing promissory notes or obligations payable on demand. In 
order to finance its operations, the Fund shall draw down all 
contributions (regardless of the form in which they are made) 
as follows:
          (i) contributions shall be drawn down on a pro rata 
        basis over reasonable periods of time as determined by 
        the Executive Board;
          (ii) where a contribution is paid partly in cash, the 
        part so paid shall be drawn down, in accordance with 
        paragraph (i), before the rest of the contribution. 
        Except to the extent that the part paid in cash is thus 
        drawn down, it may be deposited or invested by the Fund 
        to produce income to help defray its administrative and 
        other expenditures;
          (iii) all initial contributions, as well as any 
        increases in them, shall be drawn down before any 
        additional contributions are drawn down. The same rule 
        shall apply to further additional contributions.

Section 6--Special contributions

    The resources of the Fund may be increased by special 
contributions from non-member States or other sources on such 
terms and conditions, consistent with Section 5 of this 
Article, as shall be approved by the Governing Council on the 
recommendation of the Executive Board.

                               Article 5

                               currencies

Section 1--Use of currencies

    (a) Members shall not maintain or impose any restriction on 
the holding or use by the Fund of freely convertible 
currencies.
    (b) \7\ The non-convertible currency contributions of a 
Member made to the Fund on account of that Member's initial or 
additional contributions prior to 26 January 1995 may be used 
by the Fund, in consultation with the Member concerned, for the 
payment of administrative expenditures and other costs of the 
Fund in the territories of that Member, or, with the consent of 
that Member, for the payment of goods or services produced in 
its territories and required for activities financed by the 
Fund in other States.
---------------------------------------------------------------------------
    \7\ Amendment of February 20, 1997 amended and restated subsec. 
(b).
---------------------------------------------------------------------------

Section 2--Valuation of currencies

    (a) The unit of account of the Fund shall be the Special 
Drawing Right of the International Monetary Fund.
    (b) For the purposes of this Agreement, the value of a 
currency in terms of the Special Drawing Right shall be 
calculated in accordance with the method of valuation applied 
by the International Monetary Fund, provided that:
          (i) in the case of the currency of a member of the 
        International Monetary Fund for which such value is not 
        available on a current basis, the value shall be 
        calculated after consultation with the International 
        Monetary Fund;
          (ii) in the case of the currency of a non-member of 
        the International Monetary Fund, the value of the 
        currency in terms of the Special Drawing Right shall be 
        calculated by the Fund on the basis of an appropriate 
        exchange rate relationship between that currency and 
        the currency of a member of the International Monetary 
        Fund for which a value is calculated as specified 
        above.

                               Article 6

                      organization and management

Section 1--Structure of the Fund

    The Fund shall have: (a) A Governing Council; (b) an 
Executive Board; and (c) a President and such staff as shall be 
necessary for the Fund to carry out its functions.

Section 2--The Governing Council

    (a) Each Member shall be represented on the Governing 
Council and shall appoint one Governor and an alternate. An 
alternate may vote only in the absence of his principal.
    (b) All the powers of the Fund shall be vested in the 
Governing Council.
    (c) The Governing Council may delegate any of its powers to 
the Executive Board with the exception of the power to:
          (i) adopt amendments to this Agreement;
          (ii) approve membership; \8\
---------------------------------------------------------------------------
    \8\ Amendment of February 20, 1997 struck out ``and determine the 
classification or reclassification of Members''.
---------------------------------------------------------------------------
          (iii) suspend a member;
          (iv) terminate the operations of the Fund and 
        distribute its assets;
          (v) decide appeals from decisions made by the 
        Executive Board concerning the interpretation or 
        application of this Agreement;
          (vi) determine the remuneration of the President.
    (d) The Governing Council shall hold an annual session, and 
such special sessions as it may decide, or as are called by 
Members having at least one fourth of the total number of votes 
in the Governing Council, or as requested by the Executive 
Board by a two-thirds majority of the votes cast.
    (e) The Governing Council may by regulation establish a 
procedure whereby the Executive Board may obtain a vote of the 
Council on a specific question without calling a meeting of the 
Council.
    (f) The Governing Council may, by a two-thirds majority of 
the total number of votes, adopt such regulations and by-laws 
not inconsistent with this agreement as may be appropriate to 
conduct the business of the Fund.
    (g) A quorum for any meeting of the Governing Council shall 
be constituted by Governors exercising two-thirds of the total 
votes of all its members.\9\
---------------------------------------------------------------------------
    \9\ Amendment of February 20, 1997 struck out ``, provided that 
Governors exercising one half of the total votes of the members in each 
categories I, II and III are present''.
---------------------------------------------------------------------------

Section 3--Voting in the Governing Council

    (a) \10\ The total number of votes in the Governing Council 
shall be comprised of Original Votes and Replenishment Votes. 
All Members shall have equal access to those votes on the 
following basis:
---------------------------------------------------------------------------
    \10\ Amendment of February 20, 1997 amended and restated subsec. 
(a).
---------------------------------------------------------------------------
          (i) Original Votes shall consist of a total of one 
        thousand eight hundred (1 800) votes made up of 
        membership votes and contribution votes:
                  (A) membership votes shall be distributed 
                equally among all Members; and
                  (B) contribution votes shall be distributed 
                among all Members in the proportion that each 
                Member's cumulative paid contributions to the 
                resources of the Fund, authorized by the 
                Governing Council prior to 26 January 1995 and 
                made by Members in accordance with Sections 2, 
                3 and 4 of Article 4 of this Agreement, bear to 
                the aggregate of the total of the said 
                contributions paid by all Members;
          (ii) Replenishment Votes shall be made up of 
        membership votes and contribution votes in a total 
        amount of votes to be decided by the Governing Council 
        upon each occasion that it calls for additional 
        contributions under Section 3 of Article 4 of this 
        Agreement (a ``replenishment'' commencing with the 
        fourth such replenishment. Except as the Governing 
        Council shall by a two-thirds majority of the total 
        number of votes otherwise decide, the votes for each 
        replenishment shall be established in the ratio of one 
        hundred (100) votes for the equivalent of each one 
        hundred and fifty eight million United States dollars 
        (USD 158 000 000) contributed to the total amount of 
        that replenishment, or a fraction thereof:
                  (A) membership votes shall be distributed 
                equally among all Members on the same basis as 
                that set forth in provision (i)(A) above; and
                  (B) contribution votes shall be distributed 
                among all Members in the proportion that each 
                Member's paid contribution to the resources 
                contributed to the Fund by Members for each 
                replenishment bears to the aggregate of the 
                total contributions paid by all Members to the 
                said replenishment; and
          (iii) The Governing Council shall decide the total 
        number of votes to be allocated as membership votes and 
        contribution votes under paragraphs (i) and (ii) of 
        this Section. Upon any change in the number of Members 
        of the Fund, the membership votes and contribution 
        votes distributed under paragraphs (i) and (ii) of this 
        Section shall be redistributed in accordance with the 
        principles laid down in the said paragraphs. In the 
        allocation of votes, the Governing Council shall ensure 
        that those Members classified as members of Category 
        III before 26 January 1995 receive one-third of the 
        total votes as membership votes.
    (b) Except as otherwise specified in this Agreement, 
decisions of the Governing Council shall be taken by a simple 
majority of the total number of votes.

Section 4--Chairman of the Governing Council

    The Governing Council shall elect a Chairman from among the 
Governors, who shall serve for two years.

Section 5--Executive Board

    (a) \11\ The Executive Board shall be composed of 18 
members and up to 18 alternate members, elected from the 
Members of the Fund at the annual session of the Governing 
Council. The seats in the Executive Board shall be distributed 
by the Governing Council from time to time as specified in 
Schedule II to this Agreement. The members of the Executive 
Board and their alternates, who may vote only in the absence of 
a member, shall be elected and appointed in accordance with the 
procedures set forth in Schedule II hereto, which forms an 
integral part of this Agreement.
---------------------------------------------------------------------------
    \11\ Amendment of February 20, 1997 amended and restated subsec. 
(a).
---------------------------------------------------------------------------
    (b) Members of the Executive Board shall serve for a term 
of three years.\12\
---------------------------------------------------------------------------
    \12\ Amendment of February 20, 1997 struck out ``However, unless 
otherwise provided in or in accordance with Schedule II, at the first 
election two members in each category shall be designated to serve for 
one year, and two to serve for two years.''.
---------------------------------------------------------------------------
    (c) The Executive Board shall be responsible for the 
conduct of the general operations of the fund, and for this 
purpose shall exercise the powers given to it by this Agreement 
or delegated to it by the Governing Council.
    (d) The Executive Board shall meet as often as the business 
of the Fund may require.
    (e) The representatives of a member or of an alternate 
member of the Executive Board shall serve without remuneration 
from the Fund. However, the Governing Council may decide the 
basis on which reasonable travel and subsistence expenses may 
be granted to one such representative of each member and of 
each alternate member.
    (f) A quorum for any meeting of the Executive Board shall 
be constituted by members exercising two thirds of the total 
votes of all its members.\13\
---------------------------------------------------------------------------
    \13\ Amendment of February 20, 1997 struck out ``, provided that 
members exercising one half of the total votes of the members in each 
of categories I, II and III are present''.
---------------------------------------------------------------------------

Section 6--Voting in the Executive Board

    (a) \14\ The Governing Council shall, from time to time, 
decide the distribution of votes among the members of the 
Executive Board in accordance with the principles established 
in Section 3(a) of Article 6 of this Agreement.
---------------------------------------------------------------------------
    \14\ Amendment of February 20, 1997 amended and restated subsec. 
(a).
---------------------------------------------------------------------------
    (b) Except as otherwise specified in this Agreement, 
decisions of the Executive Board shall be taken by a majority 
of three fifths of the votes cast, provided that such majority 
is more than one half of the total number of votes of all 
members of the Executive Board.

Section 7--Chairman of the Executive Board

    The President of the Fund shall be the Chairman of the 
Executive Board and shall participate in its meetings without 
the right to vote.

Section 8--President and staff

    (a) The Governing Council shall appoint the President by a 
two-thirds majority of the total number of votes. He shall be 
appointed for a term of four \15\ years and shall be eligible 
for reappointment for only one further term. The appointment of 
the President may be terminated by the Governing Council by a 
two-thirds majority of the total number of votes.
---------------------------------------------------------------------------
    \15\ Amendment of March 11, 1987 struck ``three'' and inserted in 
lieu thereof ``four''.
---------------------------------------------------------------------------
    (b) \16\ Notwithstanding the restriction on the term of 
office of the President of four years, contained in paragraph 
(a) of this Section, the Governing Council may, under special 
circumstances, on the recommendation of the Executive Board, 
extend the term of office of the President beyond the duration 
prescribed in paragraph (a) above. Any such extension shall be 
for no more than six months.
---------------------------------------------------------------------------
    \16\ Amendment of March 11, 1987 added subsec. (b) and redesignated 
subsecs. (b) through (h) as subsecs. (c) through (i).
---------------------------------------------------------------------------
    (c) \16\ The President may appoint a Vice-President, who 
shall perform such duties as shall be assigned to him by the 
President.
    (d) \16\ The President shall head the staff and, under the 
control and direction of the Governing Council and the 
Executive Board, shall be responsible for conducting the 
business of the Fund. The President shall organize the staff 
and shall appoint and dismiss members of the staff in 
accordance with regulations adopted by the Executive Board.
    (e) \16\ In the employment of the staff and in the 
determination of the conditions of service consideration shall 
be given to the necessity of securing the highest standards of 
efficiency, competence and integrity as well as to the 
importance of observing the criterion of equitable geographical 
distribution.
    (f) \16\ The President and the staff, in the discharge of 
their functions, owe their duty exclusively to the Fund and 
shall neither seek nor receive instructions in regard to the 
discharge thereof from any authority external to the Fund. Each 
Member of the Fund shall respect the international character of 
this duty and shall refrain from any attempt to influence them 
in the discharge of their duties.
    (g) \16\ The President and the staff shall not interfere in 
the political affairs of any Member. Only development policy 
considerations shall be relevant to their decisions and these 
considerations shall be weighed impartially in order to achieve 
the objective for which the Fund was established.
    (h) \16\ The President shall be the legal representative of 
the Fund.
    (i) \16\ The President, or a representative designated by 
him, may participate, without the right to vote, in all 
meetings of the Governing Council.

Section 9--Seat of the Fund

    The Governing Council shall determine the permanent seat of 
the Fund by a two-thirds majority of the total number of votes. 
The provisional seat of the Fund shall be in Rome.

Section 10--Administrative budget

    The President shall prepare an annual administrative budget 
which he shall submit to the Executive Board for transmission 
to the Governing Council for approval by a two-thirds majority 
of the total number of votes.

Section 11--Publication of reports and provision of information

    The Fund shall publish an annual report containing an 
audited statement of its accounts and, at appropriate 
intervals, a summary statement of its financial position and of 
the results of its operations. Copies of such reports, 
statements and other publications connected therewith shall be 
distributed to all Members.

                               Article 7

                               operations

Section 1--Use of resources and conditions of financing

    (a) The resources of the Fund shall be to achieve the 
objective specified in Article 2.
    (b) Financing by the Fund shall be provided only to 
developing States that are Members of the Fund or to 
intergovernmental organizations in which such Members 
participate. In the case of a loan to an intergovernmental 
organization, the Fund may require suitable governmental or 
other guarantees.
    (c) The Fund shall make arrangements to ensure that the 
proceeds of any financing are used only for the purposes for 
which the financing was provided, with due attention to 
considerations of economy, efficiency and social equity.
    (d) In allocating its resources the Fund shall be guided by 
the following priorities:
          (i) the need to increase food production and to 
        improve the nutritional level of the poorest 
        populations in the poorest food deficit countries;
          (ii) the potential for increasing food production in 
        other developing countries. Likewise, emphasis shall be 
        placed on improving the nutritional level of the 
        poorest populations in these countries and the 
        conditions of their lives.
Within the framework of the above-mentioned priorities, 
eligibility for assistance shall be on the basis of objective 
economic and social criteria with special emphasis on the needs 
of the low income countries and their potential for increasing 
food production, as well as due regard to a fair geographic 
distribution in the use of such resources.
    (e) Subject to the provisions of this Agreement, financing 
by the Fund shall be governed by broad policies, criteria and 
regulations laid down, from time to time, by the Governing 
Council by a two-thirds majority of the total number of votes.

Section 2--Forms and terms of financing

    (a) Financing by the Fund shall take the form of loans and 
grants, which shall be provided on such terms as the Fund deems 
appropriate, having regard to the economic situation and 
prospects of the Member and to the nature and requirements of 
the activity concerned.
    (b) The proportion of the Fund's resources to be committed 
in any financial year for financing operations in either of the 
forms referred to in subsection (a) shall be decided from time 
to time by the Executive Board with due regard to the long-term 
viability of the Fund and the need for continuity in its 
operations. The proportion of grants shall not formally exceed 
one-eighth of the resources committed in any financial year. A 
large proportion of the loans shall be provided on highly 
concessional terms.
    (c) The President shall submit projects and programmes to 
the Executive Board for consideration and approval.
    (d) Decisions with regard to the selection and approval of 
projects and programmes shall be made by the Executive Board. 
Such decisions shall be made on the basis of the broad 
policies, criteria and regulations established by the Governing 
Council.
    (e) For the appraisal of projects and programmes presented 
to it for financing, the Fund shall, as a general rule, use the 
services of international institutions and may, where 
appropriate, use the services of other competent agencies 
specialized in this field. Such institutions and agencies shall 
be selected by the Executive Board after consultations with the 
recipient concerned and shall be directly responsible to the 
Fund in performing the appraisal.
    (f) The loan agreement shall be concluded in each case by 
the Fund and the recipient, which shall be responsible for the 
execution of the project or programme concerned.
    (g) The Fund shall entrust the administration of loans, for 
the purposes of the disbursement of the proceeds of the loan 
and the supervision of the implementation of the project or 
programme concerned, to competent international institutions. 
Such institutions shall be of a world-wide or regional 
character and shall be selected in each case with the approval 
of the recipient. Before submitting the loan to the Executive 
Board for approval, the Fund shall assure itself that the 
institution to be entrusted with the supervision agrees with 
the results of the appraisal of the project or programme 
concerned. This shall be arranged between the Fund and the 
institution or agency in charge of the appraisal as well as 
with the institution to be entrusted with the supervision.
    (h) For the purposes of subsections (f) and (g) above, 
references to ``loans'' shall be deemed to include ``grants''.
    (i) The Fund may extend a line of credit to a national 
development agency to provide and administer subloans for the 
financing of projects and programmes within the terms of the 
loan agreement and the framework agreed to by the Fund. Before 
the Executive Board approves the extension of such a line of 
credit, the national development agency concerned and its 
programme shall be appraised in accordance with the provisions 
of subsection (e). Implementation of the said programme shall 
be subject to supervision by the institutions selected in 
accordance with the provisions of subsection (g).
    (j) The Executive Board shall adopt suitable regulations 
for procuring goods and services to be financed from the 
resources of the Fund. Such regulations shall, as a general 
rule, conform to the principles of international competitive 
bidding and shall give appropriate preference to experts, 
technicians and supplies from developing countries.

Section 3--Miscellaneous operations

    In addition to the operations specified elsewhere in this 
Agreement, the Fund may undertake such ancillary activities and 
exercise such powers incidental to its operations as shall be 
necessary in furtherance of its objective.

                               Article 8

    relations with the united nations and with other organizations, 
                       institutions and agencies

Section 1--Relations with the United Nations

    The Fund shall enter into negotiations with the United 
Nations with a view to concluding an agreement to bring it into 
relationship with the United Nations as one of the specialized 
agencies referred to in Article 57 of the Charter of the United 
Nations. Any agreements concluded in accordance with Article 63 
of the Charter require the approval of the Governing Council, 
by a two-thirds majority of the total number of votes, upon the 
recommendation of the Executive Board.

Section 2--Relations with other organizations, institutions, and 
        agencies

    The Fund shall cooperate closely with the Food and 
Agriculture Organization of the United Nations and other 
organizations of the United Nations system. It shall also 
cooperate closely with other intergovernmental organizations, 
international financial institutions, nongovernmental 
organizations and governmental agencies concerned with 
agricultural development. To this end, the Fund will seek the 
collaboration in its activities of the Food and Agriculture 
Organization of the United Nations and the other bodies 
referred to above, and may enter into agreements or establish 
working arrangements with such bodies, as may be decided by the 
Executive Board.

                               Article 9

    withdrawal, suspension of membership, termination of operations

Section 1--Withdrawal

    (a) Except as provided in section 4(a) of this Article, a 
Member may withdraw from the Fund by depositing an instrument 
of denunciation of this Agreement with the Depositary.
    (b) Withdrawal of a Member shall take effect on the date 
specified in its instrument of denunciation, but in no event 
less than six months after deposit of such instrument.

Section 2--Suspension of Membership

    (a) If a Member fails to fulfill any of its obligations to 
the Fund, the Governing Council may, by a three-fourths 
majority of the total number of votes, suspend its membership. 
The Member so suspended shall automatically cease to be a 
Member one year from the date of its suspension, unless the 
Council decides by the same majority of the total number of 
votes to restore the Member to good standing.
    (b) While under suspension, a Member shall not be entitled 
to exercise any rights under this Agreement except the right of 
withdrawal, but shall remain subject to all of its obligations.

Section 3--Rights and duties of States ceasing to be Members

    Whenever a State ceases to be a Member, whether by 
withdrawal or through the operation of Section 2 of this 
Article, it shall have no rights under this Agreement except as 
provided in this Section or in Section 2 of Article 11, but it 
shall remain liable for all financial obligations undertaken by 
it to the Fund, whether as Member, borrower or otherwise.

Section 4--Termination of operations and distribution of assets

    (a) The Governing Council may terminate the Fund's 
operations by a three-fourths majority of the total number of 
votes. After such termination of operations the Fund shall 
forthwith cease all activities, except those incidental to the 
orderly realization and conservation of its assets and the 
settlement of its obligations. Until final settlement of such 
obligations and the distribution of such assets, the Fund shall 
remain in existence and all rights and obligations of the Fund 
and its Members under this Agreement shall continue unimpaired, 
except that no Member may be suspended or may withdraw.
    (b) No distribution of assets shall be made to Members 
until all liabilities to creditors have been discharged or 
provided for. The Fund shall distribute its assets to 
contributing Members pro rata to the contributions that each 
Member has made to the resources of the Fund. Such distribution 
shall be decided by the Governing Council by a three-fourths 
majority of the total number of votes and shall be effected at 
such times, and in such currencies or other assets as the 
Governing Council shall deem fair and equitable.

                               Article 10

                legal status, privileges and immunities

Section 1--Legal status

    The Fund shall possess international legal personality.

Section 2--Privileges and immunities

    (a) The Fund shall enjoy in the territory of each of its 
Members such privileges and immunities as are necessary for the 
exercise of its functions and for the fulfillment of its 
objective. Representatives of Members, the President and the 
staff of the Fund shall enjoy such privileges and immunities as 
are necessary for the independent exercise of their functions 
in connection with the Fund.
    (b) The privileges and immunities referred to in paragraph 
(a) shall:
          (i) in the territory of any Member that has acceded 
        to the Convention on the Privileges and Immunities of 
        the specialized Agencies in respect of the Fund, be as 
        defined in the standard clauses of that Convention as 
        modified by an annex thereto approved by the Governing 
        Council;
          (ii) in the territory of any Member that has acceded 
        to the Convention on the Privileges and Immunities of 
        the Specialized Agencies only in respect of agencies 
        other than the Fund, be as defined in the standard 
        clauses of that Convention, except if such Member 
        notifies the Depositary that such clauses shall not 
        apply to the Fund or shall apply subject to such 
        modifications as may be specified in the notification;
          (iii) be as defined in other agreements entered into 
        by the Fund.
    (c) In respect of a Member that is a grouping of States, it 
shall ensure that the privileges and immunities referred to in 
this Article are applied in the territories of all members of 
the grouping.

                               Article 11

                     interpretation and arbitration

Section 1--Interpretation

    (a) Any question of interpretation or application of the 
provisions of this Agreement arising between any Member and the 
Fund or between Members of the Fund, shall be submitted to the 
Executive Board for decision. If the question particularly 
affects any Member of the Fund not represented on the Executive 
Board, that Member shall be entitled to be represented in 
accordance with regulations to be adopted by the Governing 
Council.
    (b) Where the Executive Board has given a decision pursuant 
to subsection (a), any Member may require that the question be 
referred to the Governing Council, whose decision shall be 
final. Pending the decision of the Governing Council, the Fund 
may, so far as it deems necessary, act on the basis of the 
decision of the Executive Board.

Section 2--Arbitration

    In the case of a dispute between the Fund and a State that 
has ceased to be a Member, or between the Fund and any Member 
upon the termination of the operations of the Fund, such 
dispute shall be submitted to arbitration by a tribunal of 
three arbitrators. One of the arbitrators shall be appointed by 
the Fund, another by the Member or former Member concerned and 
two parties shall appoint the third arbitrator, who shall be 
the Chairman. If within 45 days of receipt of the request for 
arbitration either party has not appointed an arbitrator, or if 
within 30 days of the appointment of two arbitrators the third 
arbitrator has not been appointed, either party may request the 
President of the International Court of Justice, or such other 
authority as may have been prescribed by regulations adopted by 
the Governing Council, to appoint an arbitrator. The procedure 
of the arbitration shall be fixed by the arbitrators, but the 
Chairman shall have full power to settle all questions of 
procedure in any case of disagreement with respect thereto. A 
majority vote of the arbitrators shall be sufficient to reach a 
decision, which shall be final and binding upon the parties.

                               Article 12

                               amendments

    (a) Except in respect of Schedule II:
          (i) Any proposal to amend this Agreement made by a 
        Member or by the Executive Board shall be communicated 
        to the President who shall notify all Members. The 
        President shall refer proposals to amend this Agreement 
        made by a Member to the Executive Board, which shall 
        submit its recommendation thereon to the Governing 
        Council.
          (ii) Amendments shall be adopted by the Governing 
        Council by a four-fifths majority of the total number 
        of votes. Amendments shall enter into force three 
        months after their adoption unless otherwise specified 
        by the Governing Council except that any amendment 
        modifying:
                  (A) the right to withdraw from the Fund;
                  (B) the voting majority requirements provided 
                for in this Agreement;
                  (C) the limitation on liability provided for 
                in Section 3 \17\ of Article 3;
---------------------------------------------------------------------------
    \17\ Amendment of February 20, 1997 struck out ``4'' and inserted 
in lieu thereof ``3''.
---------------------------------------------------------------------------
                  (D) the procedure for amending this 
                Agreement;
        shall not come into force until written acceptance of 
        such amendment by all Members is received by the 
        President.
    (b) In respect of the several parts of Schedule II, 
amendments shall be proposed and adopted as provided in such 
parts.
    (c) The President shall immediately notify all Members and 
the Depositary of any amendments that are adopted and of the 
date of entry into force of any such amendments.

                               Article 13

                             final clauses

Section 1--Signature, ratification, acceptance, approval, and accession

    (a) This Agreement may be initialed on behalf of the States 
listed in Schedule I to this Agreement at the United Nations 
Conference on the establishment of the Fund and shall be open 
for signature at the Headquarters of the United Nations in New 
York by the States listed in that Schedule as soon as the 
initial contributions indicated therein to be made in freely 
convertible currencies amount to at least the equivalent of 
1,000 million United States dollars (valued as of 10 June 
1976). If the foregoing requirement has not been fulfilled by 
30 September 1976 the Preparatory Commission established by 
that Conference shall convene by 31 January 1977 a meeting of 
the States listed in Schedule I, which may by a two-thirds 
majority of each category reduce the above specified amount and 
may also establish other conditions for the opening of this 
Agreement for signature.
    (b) Signatory States may become parties by depositing an 
instrument of ratification, acceptance or approval; non-
signatory States listed in Schedule I may become parties by 
depositing an instrument of accession. Instruments of 
ratification, acceptance, approval and accession by States in 
category I or II shall specify the amount of the initial 
contribution the State undertakes to make. Signatures may be 
affixed and instruments of ratification, acceptance, approval 
or accession deposited by such States until one year after the 
entry into force of this Agreement.
    (c) States listed in Schedule I that have not become 
parties to this Agreement within one year after its entry into 
force and States that are not so listed, may, after approval of 
their membership by the Governing Council, become parties by 
depositing an instrument of accession.

Section 2

    (a) The Secretary-General of the United Nations shall be 
the Depositary of this Agreement.
    (b) The Depositary shall send notifications concerning this 
Agreement:
          (i) until one year after its entry into force, to the 
        States listed in Schedule I to this Agreement, and 
        after such entry into force to all States parties to 
        this Agreement as well as to those approved for 
        membership by the Governing Council;
          (ii) To the Preparatory Commission established by the 
        United Nations Conference on the Establishment of the 
        Fund, as long as it remains in existence, and 
        thereafter to the President.

Section 3--Entry into force

    (a) This Agreement shall enter into force upon receipt by 
the Depositary of instruments of ratification, acceptance, 
approval or accession from at least 6 States in category I, 6 
States in category II and 24 States in category III, provided 
that such instruments have been deposited by States in 
categories I and II the aggregate of whose initial 
contributions specified in such instruments amounts to at least 
the equivalent of 750 million United States dollars (valued as 
of 10 June 1976), and further provided that the foregoing 
requirements have been fulfilled within 18 months of the date 
on which this Agreement is opened for signature or by such 
later date as the States that have deposited such instruments 
by the end of that period may decide, by a two-thirds majority 
of each category, and as they notify to the Depositary.
    (b) For States that deposit an instrument of ratification, 
acceptance, approval or accession subsequent to the entry into 
force of this Agreement, it shall enter into force on the date 
of such deposit.
    (c) \18\ The obligations accepted by original and non-
original Members under this Agreement prior to 26 January 1995 
shall remain unimpaired and shall be the continuing obligations 
of each Member to the Fund.
---------------------------------------------------------------------------
    \18\ Amendment of February 20, 1997 added subsecs. (c) and (d).
---------------------------------------------------------------------------
    (d) \18\ References throughout this Agreement to categories 
or to Categories I, II and III shall be deemed to refer to the 
categories of Members prevailing prior to 26 January 1995, as 
set out in Schedule III hereto, which forms an integral part of 
this Agreement.

Section 4--Reservations

    Reservations may only be made to Section 2 of Article 11 of 
this Agreement.

Section 5--Authoritative texts

    The versions of this Agreement in the Arabic, English, 
French and Spanish languages shall each be equally 
authoritative.

    In witness whereof, the undersigned being duly authorized 
thereto, have signed this Agreement in a single original in the 
Arabic, English, French, and Spanish languages.

                               Schedule I

            Part I--States eligible for original membership
  
Category I                            Nigeria                               Liberia
                                      Qatar                                 Mali
Australia                             Saudi Arabia                          Malta
Austria                               United Arab Emirates                  Mexico
Belgium                               Venezuela                             Morocco
Canada                                                                      Nicaragua
Denmark                               Category III                          Pakistan
Finland                                                                     Panama
France                                Argentina                             Papua New Guinea
Germany \19\                          Bangladesh                            Peru
Ireland                               Bolivia                               Philippines
Italy                                 Botswana                              Portugal
Luxembourg                            Brazil                                Republic of Korea
Japan                                 Cameroon \21\                         Romania
Netherlands                           Cape Verde                            Rwanda
New Zealand                           Chad                                  Senegal
Norway                                Chile                                 Sierra Leone
Spain                                 Colombia                              Somalia
Sweden                                Congo                                 Sri Lanka
Switzerland                           Costa Rica                            Sudan
United Kingdom of Great Britain and   Cuba                                  Swaziland
 Northern Ireland                     Dominican Republic                    Syrian Arab Republic
United States of America              Ecuador                               Thailand
                                      Egypt                                 Tunisia
Category II                           El Salvador                           Turkey
                                      Ethiopia                              Uganda
Algeria                               Ghana                                 United Republic of
Gabon                                 Greece                                  Tanzania
Indonesia                             Guatemala                             Uruguay
Iran                                  Guinea                                Yugoslavia
Iraq                                  Haiti                                 Zaire
Kuwait                                Honduras                              Zambia
Libyan Arab Jamahiriya \20\           India
                                      Israel \1\
                                      Jamaica
                                      Kenya \1\ With reference to Article 7, Section 1(b) on the use of resources of the Fund for ``developing countries'',
  this country will not be included under this Section and will not seek or receive financing from the Fund.

      
---------------------------------------------------------------------------
    \19\ Amendment of February 20, 1997 struck out ``, Federal Republic 
of''.
    \20\ Amendment of February 20, 1997 struck out ``Republic'' and 
inserted in lieu thereof ``Jamahiriya''.
    \21\ Amendment of February 20, 1997 inserted Cameroon at this 
point. Previously, the country had been listed as the United Republic 
of Cameroon.
---------------------------------------------------------------------------

             Part II--Pledges of initial contributions \2\
------------------------------------------------------------------------
                                                Equivalent in SDRs \3\
                                 Amount in  ----------------------------
   State and currency unit       currency        Freely       Not freely
                                               convertible   convertible
------------------------------------------------------------------------
Category IAustralia: Australian           a 8,000,000            8,609,840
 dollar......................
Austria: U.S. dollar.........   a 4,800,000            4,197,864
Belgium:
  Belgian franc..............   500,000,000           11,930,855
  U.S. dollar................   a 1,000,000
Canada: Canadian dollar......  a 33,000,000           29,497,446
Denmark: U.S. dollar.........   a 7,500,000            6,559,163
Finland: Finnish markka......  a 12,000,000            2,692,320
France: U.S. dollar..........    25,000,000           21,863,875
Germany \19\: U.S. dollar....  a,b 55,000,0
                                         00           48,100,525
Ireland: Pound sterling......     a 570,000              883,335
Italy: U.S. dollar...........  a 25,000,000           21,863,875
Japan: U.S. dollar...........  a 55,000,000           48,100,525
Luxembourg: Special Drawing       a 320,000              320,000
 Right.......................
Netherlands:
  Dutch guilder..............   100,000,000           34,594,265
  U.S. dollar................     3,000,000
New Zealand: New Zealand        a 2,000,000            1,721,998
 dollar......................
Norway:
  Norwegian Kroner...........  a 75,000,000           20,612,228
  U.S. dollar................     9,981,851
Spain: U.S. dollar...........   c 2,000,000            1,749,110
Sweden:
  Swedish kroner.............   100,000,000           22,325,265
  U.S. dollar................     3,000,000
Switzerland: Swiss franc.....  a 22,000,000            7,720,790
United Kingdom: Pound            18,000,000           27,894,780
 sterling....................
United States: U.S. dollar...   200,000,000          174,911,000
                              ------------------------------------------
    Subtotal.................                        496,149,059
                              ==========================================
Category IIAlgeria: U.S. dollar.........    10,000,000            8,745,550
Gabon: U.S. dollar...........       500,000              437,278
Indonesia: U.S. dollar.......     1,250,000            1,093,194
Iran: U.S. dollar............   124,750,000          109,100,736
Iraq: U.S. dollar............    20,000,000           17,491,100
Kuwait: U.S. dollar..........    36,000,000           31,483,980
Libyan Arab Jamahiriya \20\:     20,000,000           17,491,100
 U.S. dollar.................
Nigeria: U.S. dollar.........    26,000,000           22,738,430
Qatar: U.S. dollar...........     9,000,000            7,870,995
Saudi Arabia: U.S. dollar....   105,500,000           92,265,553
United Arab Emirates: U.S.       16,500,000           14,430,158
 dollar......................Venezuela: U.S. dollar.......    66,000,000           57,720,630
                              ------------------------------------------
    Subtotal.................                        380,868,704
                              ==========================================
Category IIIArgentina: Argentine peso....  d 240,000,00                    1,499,237
                                          0
Bangladesh: Taka (equivalent        500,000                      437,278
 of U.S. dollar).............
Cameroon: \21\ U.S. dollar...        10,000           8,746
Chile: U.S. dollar...........        50,000          43,728
Ecuador: U.S. dollar.........        25,000          21,864
Egypt: Egyptian pound               300,000                      262,367
 (equivalent of U.S. dollar).
Ghana: U.S. dollar...........       100,000          87,456
Guinea: Syli.................  a 25,000,000                    1,012,145
Honduras: U.S. dollar........        25,000          21,864
India:
  U.S. dollar................     2,500,000       2,186,388
  Indian rupee (equivalent of     2,500,000                    2,186,388
   U.S. dollar)..............
Israel: Israel pound            a,e 150,000                      131,183
 (equivalent of U.S. dollar).
Kenya: Kenya shilling             1,000,000                      874,555
 (equivalent of U.S. dollar).
Mexico: U.S. dollar..........     5,000,000       4,372,775
Nicaragua: Cordoba...........       200,000                       24,894
Pakistan:
  U.S. dollar................       500,000         437,278
  Pakistan rupee (equivalent        500,000                      437,278
   of U.S. dollar)...........
Philippines: U.S. dollar f...     f 250,000          43,728      174,911
Republic of Korea:
  U.S. dollar................       100,000          87,456
  Chon (equivalent of U.S.          100,000                       87,456
   dollar)...................
Romania: Leu (equivalent of       1,000,000                      874,555
 U.S. dollar)................
Sierra Leone: Leone..........        20,000                       15,497
Sri Lanka:
  U.S. dollar................       500,000         437,278
  Sri Lanka rupee (equivalent       500,000                      437,278
   of U.S. dollar)...........
Syrian Arab Republic: Syrian        500,000                      111,409
 pound.......................
Thailand: U.S. dollar........       100,000          87,456
Tunisia: Tunisian dinar......        50,000                      100,621
Turkey: Turkish lira                100,000                       87,456
 (equivalent of U.S. dollar).
Uganda: Uganda shilling......       200,000                       20,832
United Republic of Tanzania:        300,000                       31,056
 Tanzania shilling...........Yugoslavia: Yugoslav dinar          300,000                      262,367
 (equivalent of U.S. dollar).
                              ------------------------------------------
    Subtotal.................                     7,836,017    9,068,763
                              ==========================================
    Total freely convertible.                  *884,853,780
                              ==========================================
    Grand total (freely and                          893,922,543
     not freely convertible).
------------------------------------------------------------------------
\2\ Subject to obtaining, where required, the necessary legislative
  approval.
\3\ Special Drawing Rights (SDRs) of the International Monetary Fund
  valued as of 10 June 1976. These equivalent values are stated merely
  for information in the light of Section 2(a) of Article 5 of the
  Agreement, with the understanding that the initial contributions
  pledged will be payable in accordance with Section 2(a) of Article 4
  of the Agreement in the amount and currency specified by the State
  concerned.
a Payable in three instalments.
b This amount includes an additional pledge of $US 3 million, which was
  made subject to the necessary budgetary arrangements in the fiscal
  year 1977.
c Payable in two instalments.
d To be spent within the territory of Argentina for goods or services
  required by the Fund.
e Usable for technical assistance.
f $US 200,000 of this pledge was stated to be subject to confirmation,
  including the terms of payment and the type of currency. This amount
  has consequently been entered in the ``not freely convertible''
  column.
* Equivalent of $US 1,011,776,023 valued as of 10 June 1976.

                            Schedule II \22\

     distribution of votes and election of executive board members

    1. The Governing Council, in accordance with the procedures 
specified in paragraph 29 of this Schedule, shall decide, from 
time to time, the distribution of seats and alternate seats 
among the Members of the Fund, taking into account: (i) the 
need to strengthen and safeguard the mobilization of resources 
for the Fund; (ii) the equitable geographic distribution of the 
said seats; and (iii) the role of developing Member Countries 
in the governance of the Fund.
---------------------------------------------------------------------------
    \22\ Amendment of February 20, 1997 amended and restated Schedule 
II.
---------------------------------------------------------------------------
    2. Distribution of Votes in the Executive Board. Each 
member of the Executive Board shall be entitled to cast the 
votes of all of the Members that it represents. Where the 
member represents more than one Member, it may cast separately 
the votes of the Members that it represents.
    3. (a) Lists of Member Countries. The Member Countries 
shall be divided, form time to time, into Lists A, B and C for 
the purposes of this Schedule. Upon joining the Fund, a new 
Member shall decide on which List it wishes to be placed and, 
after consultation with the Members of that List, shall provide 
appropriate notification thereof to the President of the Fund 
in writing. A Member may, at the time of each election for the 
members and alternate members representing the List of Member 
Countries to which it belongs, decide to withdraw from one List 
of Member Countries and place itself upon another List of 
Member Countries, with the approval of the Members therein. In 
such event, the concerned Member shall inform the President of 
the Fund in writing of such change, who shall, from time to 
time, inform all Members of the composition of all the Lists of 
Member Countries.
    (b) Distribution of Seats in the Executive Board. The 
eighteen (18) members and up to eighteen (18) alternate members 
of the Executive Board shall be elected or appointed from the 
Members of the Fund and of whom:
          (i) eight (8) members and up to eight (8) alternate 
        members shall be elected or appointed from among those 
        Members set forth in the List A of Member Countries, to 
        be established from time to time;
          (ii) four (4) members and four (4) alternate members 
        shall be elected or appointed from among those Members 
        set forth in the List B of Member Countries, to be 
        established from time to time; and
          (iii) six (6) members and six (6) alternate members 
        shall be elected or appointed from among those Members 
        set forth in the List C of Member Countries, to be 
        established from time to time.
    4. Procedures for the Election of Executive Board Members. 
The procedures that shall apply for the election or appointment 
of members and alternate members to vacant seats on the 
Executive Board shall be those set forth below for the 
respective Members of each List of Member Countries.

  a. election of members of the executive board and their alternatives

Part I--List A Member Countries

    5. All of the members and alternate members of the 
Executive Board from List A of Member Countries shall serve for 
a term of three years.
    6. List A Member Countries shall form constituencies and, 
on the basis of procedures agreed by the List A Member 
Countries and its constituencies, shall appoint eight members 
to the Executive Board and shall also appoint up to eight 
alternates.
    7. Amendments. The Governors representing List A Member 
Countries may by a unanimous decision amend the provisions of 
Part I of this Schedule (paragraphs 5 to 6). Unless otherwise 
decided, the amendment shall have immediate effect. The 
President of the Fund shall be informed of any amendment to 
Part I of this Schedule.

Part II--List B Member Countries

    8. All of the members and alternate members of the 
Executive Board from List B of Member Countries shall serve for 
a term of three years.
    9. The Members of List B shall form themselves into a 
number of constituencies equal to the number of seats allocated 
to the List, with each constituency represented by one member 
and one alternate member in the Executive Board. The President 
of the Fund shall be informed of the composition of each 
constituency and any changes thereto that may be made by the 
Members of List B from time to time.
    10. The Members of List B shall decide on the procedures 
that shall apply for the election or appointment of members and 
alternate members to vacant seats on the Executive Board and 
shall provide a copy thereof to the President of the Fund.
    11. Amendments. The provisions of Part II of this Schedule 
(paragraphs 8 to 10) may be amended by a vote of the Governors 
representing two-thirds of the List B Member Countries whose 
contributions (made in accordance with Section 5(c) of Article 
4) amount to seventy per cent (70%) of the contributions of all 
List B Member Countries. The President of the Fund shall be 
informed of any amendments to Part II of this Schedule.

Part III--List C Member Countries

Elections

    12. All the members and alternate members of the Executive 
Board from List C of Member Countries shall serve for a term of 
three years.
    13. Except as decided otherwise by the Member Countries of 
List C, of the six (6) members and six (6) alternate members of 
the Executive Board elected or appointed from among the List C 
Member Countries, two (2) members and two (2) alternate members 
shall be from each of the following regions, as these are set 
forth in each of the sub-Lists of List C Member Countries:
          Africa (sub-List C1);
          Europe, Asia and the Pacific (sub-List C2); and
          Latin America and the Caribbean (sub-List C3).
    14. (a) In accordance with the provisions contained in 
paragraphs 1 and 27 of this Schedule, the Member Countries of 
List C shall elect from the countries of its sub-List two 
members and two alternate members to represent the interests of 
the whole of the said sub-List, including at least one member 
or one alternate member from among the Member Countries in that 
sub-List making the highest substantial contributions to the 
resources of the Fund.
    (b) The Members of List C may review at any time but not 
later than the Sixth Replenishment of the Fund's Resources, the 
provisions of sub-paragraph (a) above, taking into account the 
experience of each sub-List in the implementation of the said 
sub-paragraph and, if necessary, amended keeping in view the 
relevant principles contained in Resolution 86/XVIII of the 
Governing Council.
    15. Balloting shall first take place for all members to be 
elected from each sub-List for which there is a vacancy and for 
which countries from each sub-List shall nominate candidates. 
Balloting for each seat shall take place among the Members of 
the List C.
    16. After all members have been elected, balloting shall 
take place for electing alternate members in the same orders 
indicated in paragraph 15 above.
    17. Election shall require a simple majority of the valid 
votes cast, not counting abstentions.
    18. If no candidate obtains in the first ballot the 
majority specified in paragraph 17 above, successive ballots 
shall be held, from each of which that candidate shall be 
eliminated who receives the lowest number of votes in the 
previous ballot.
    19. In case of a tide vote, the ballot shall, if necessary, 
be repeated and, if the tide persists in that ballot and on one 
subsequent one, a decision shall be taken by drawing lots.
    20. If at any stage there is only one candidate for a 
vacancy, he may be declared elected without a ballot, if no 
Governor objects.
    21. Meetings of the List C Member Countries for electing or 
appointing members and alternate members of the Executive Board 
shall be held in private. The Members of the List C shall 
appoint by consensus a Chairman for these meetings.
    22. The Members of each sub-List shall appoint by 
consensus, the Chairman of the respective sub-List meeting.
    23. The names of the members and alternate members elected 
shall be furnished to the President of the Fund along with the 
term of office of each member and alternate member and the list 
of principals and alternates.

Casting of Votes in the Executive Board

    24. For the purpose of casting votes in the Executive 
Board, the total number of votes of the countries of each sub-
List shall be divided equally between the members of the sub-
List concerned.

Amendments

    25. Part III of this Schedule (paragraphs 12 to 24) may be 
amended from time to time by a two-thirds majority of the List 
C Member Countries. The President of the Fund shall be informed 
of any amendments to Part III of this Schedule.

          b. general provisions applicable to list a, b, and c

    26. The names of the members and alternate members elected 
or appointed by Lists A, B and C of Member Countries, 
respectively, shall be furnished to the President of the Fund.
    27. Notwithstanding anything to the contrary in paragraphs 
5 to 25 above, at the time of each election, the Members of a 
List of Member Countries or the members of a constituency 
within a List may decide to appoint a specified number of 
Members making the highest substantial contribution to the Fund 
from that List as a member or alternate member of the Executive 
Board for that List of Member Countries in order to encourage 
Members to contribute to the resources of the Fund. In such 
event, the result of that decision shall be notified in writing 
to the President of the Fund.
    28. Once a new Member Country had joined a List of Member 
Countries, its Governor may designate an existing member of the 
Executive Board for that List of Member Countries to represent 
it and cast its votes until the next election of members of the 
Executive Board for that List. During such period, a member so 
designated shall be deemed to have been elected or appointed by 
the Governor which so designated it and the Member Country 
shall be deemed to have joined that member's constituency.
    29. Amendments to Paragraphs 1 to 4, 7, 11 and 25 to 29. 
The procedures set forth in paragraphs 1 to 4, 7, 11 and 25 to 
29 inclusive herein may be amended from time to time by a two-
thirds majority of the total votes of the governing Council. 
Unless otherwise decided, any amendment of paragraphs 1 to 4, 
7, 11 and 25 to 29 inclusive shall take effect immediately upon 
adoption thereof.

                           Schedule III \23\

  distribution of member states among categories as at 26 january 1995
---------------------------------------------------------------------------

    \23\ Amendment of February 20, 1997 added Schedule III.
Category I                            United Arab Emirates                  Croatia
                                      Venezuela                             Cuba
Australia                                                                   Cyprus
Austria                               Category III                          D.P.R. Korea
Belgium                                                                     Djibouti
Canada                                Afghanistan                           Dominica
Denmark                               Albania                               Dominican Republic
Finland                               Angola                                Ecuador
France                                Antigua and Barbuda                   Egypt
Germany                               Argentina                             El Salvador
Greece                                Armenia                               Equatorial Guinea
Ireland                               Azerbaijan                            Eritrea
Italy                                 Bangladesh                            Ethiopia
Japan                                 Barbados                              Fiji
Luxembourg                            Belize                                Gambia, The
Netherlands                           Benin                                 Georgia
New Zealand                           Bhutan                                Ghana
Norway                                Bolivia                               Grenada
Portugal                              Bosnia and Herzegovina                Guatemala
Spain                                 Botswana                              Guinea
Sweden                                Brazil                                Guinea Bissau
Switzerland                           Burkina Faso                          Guyana
United Kingdom                        Burundi                               Haiti
United States                         Cambodia                              Honduras
                                      Cameroon                              India
Category II                           Cape Verde                            Israel
                                      Central African Republic              Jamaica
Algeria                               Chad                                  Joran
Gabon                                 Chile                                 Kenya
Indonesia                             China                                 Kyrgyzstan
Iran                                  Colombia                              Laos
Iraq                                  Comoros                               Lebanon
Kuwait                                Congo                                 Lesotho
Libyan Arab Jamahiriya \20\           Cook Islands                          Liberia
Nigeria                               Costa Rica                            Madagascar
Qatar                                 Cote d'Ivoire                         Malawi
Saudi Arabia                                                                Malaysia
                                                                            Maldives
Mali                                  Republic of Korea                     Tanzania, United Republic of
Malta                                 Romania                               Thailand
Mauritania                            Rwanda                                The Former Yugoslavia Republic of
Mauritius                             Saint Christopher and Nevis            Macedonia
Mexico                                Saint Lucia                           Togo
Mongolia                              Saint Vincent and the Grenadines      Tonga
Morocco                               Sao Tome and Principe                 Trinidad and Tobago
Mozambique                            Senegal                               Tunisia
Myanmar                               Seychelles                            Turkey
Namibia                               Sierra Leone                          Uganda
Nepal                                 Solomon Islands                       Uruguay
Nicaragua                             Somalia                               Viet Nam
Niger                                 Sri Lanka                             Western Samoa
Oman                                  Sudan                                 Yemen
Pakistan                              Suriname                              Yugoslavia
Panama                                Swaziland                             Zaire
Papua New Guinea                      Syria                                 Zambia
Paraguay                              Tajikistan                            Zimbabwe
Peru
Philippines
      
                    2. Grains Trade Convention, 1995

   Done at London December 7, 1994; Entered into force July 1, 1995; 
        Entered into force for the United States May 27, 1999\1\

                              PREAMBLE \2\

    The signatories to this agreement

    Considering that the International Wheat Agreement, 1949 
was revised, renewed, updated or extended on successive 
occasions leading to the conclusion of the International Wheat 
Agreement, 1986
---------------------------------------------------------------------------
    \1\ The Grains Trade Convention, 1995, is a constituent instrument 
of the International Grains Agreement, 1995, which also included the 
Food Aid Convention, 1995. The Food Aid Convention, 1995, was re-opened 
for negotiation in December 1996 and resulted in the Food Aid 
Convention, 1999 (see below for text). The Food Aid Convention, 1999, 
also remains a constituent instrument of the International Grains 
Agreement, 1995.
    \2\ This preamble is the preamble to the International Grains 
Agreement, 1995, and precedes the text of the Grains Trade Convention, 
1995.

    Considering that the provisions of the International Wheat 
Agreement, 1986, consisting of the Wheat Trade Convention, 
1986, on the one hand, and the Food Aid Convention, 1986, on 
the other, as extended, will expire on 30th June 1995, and that 
---------------------------------------------------------------------------
it is desirable to conclude an agreement for a new period,

    Have agreed that the International Wheat Agreement, 1986 
shall be updated and renamed the International Grains 
Agreement, 1995, which shall consist of two separate legal 
instruments
          (a) the Grains Trade Convention, 1995 and
          (b) the Food Aid Convention, 1995,
and that each of these two Conventions, or either of them as 
appropriate, shall be submitted for signature and ratification, 
acceptance or approval, in conformity with their respective 
constitutional or institutional procedures, by the Governments 
concerned.

                                                GRAINS TRADE 
                                                CONVENTION, 
                                                1995

                            PART I--GENERAL

                               article 1

                               Objectives

The objectives of this Convention are:
    (a) to further international co-operation in all aspects of 
trade in grains, especially insofar as these affect the food 
grain situation;
    (b) to promote the expansion of international trade in 
grains, and to secure the freest possible flow of this trade, 
including the elimination of trade barriers and unfair and 
discriminatory practices, in the interest of all members, in 
particular developing members;
    (c) to contribute to the fullest extent possible to the 
stability of international grain markets in the interests of 
all members, to enhance world food security, and to contribute 
to the development of countries whose economies are heavily 
dependent on commercial sales of grain; and
    (d) to provide a forum for exchange of information and 
discussion of members' concerns regarding trade in grains.

                               article 2

                              Definitions

For the purposes of this Convention:
    (1)(a) ``Council'' means the International Grains Council 
established by the International Wheat Agreement, 1949 and 
continued in being by Article 9;
          (b)(i) ``member'' means a party to this Convention;
                  (ii) ``exporting member'' means a member so 
                designated under Article 12;
                  (iii) ``importing member'' means a member so 
                designated under Article 12;
          (c) ``executive Committee'' means the Committee 
        established under Article 15;
          (d) ``Market Conditions Committee'' means the 
        Committee established under Article 16;
          (e) ``grain'' or ``grains'' means barley, maize, 
        millet, oats, rye, sorghum, triticale and wheat, and 
        their products, and such other grains and products as 
        the Council may decide;
          (f)(i) ``purchase'' means a purchase of grain for 
        import, or the quantity of grain so purchased, as the 
        context requires;
                  (ii) ``sale'' means a sale of grain for 
                export, or the quantity of such grain so sold, 
                as the context requires;
                  (iii) where reference is made in this 
                Convention to a purchase or sale, it shall be 
                understood to refer not only to purchases or 
                sales concluded between the Governments 
                concerned, but also to purchases or sales 
                concluded between private traders, and to 
                purchases or sales concluded between a private 
                trader and the Government concerned;
          (g) ``special vote'' means a vote requiring at least 
        two thirds of the votes (as calculated under Article 
        12) cast by the exporting members present and voting, 
        and at least two thirds of the votes (as calculated 
        under Article 12) cast by the importing members present 
        and voting, counted separately;
          (h) ``crop year'' or ``fiscal year'' means the period 
        from 1 July to the following 30 June;
          (i) ``working day'' means a working day at the 
        headquarters of the Council.
    (2) Any reference in this Convention to a ``Government'' or 
``Governments'' or ``member'' shall be construed as including a 
reference to the European Community (hereinafter referred to as 
the EC). Accordingly, any reference in this Convention to 
``signature'' or to the ``deposit of instruments of 
ratification, acceptance, or approval'' or ``an instrument of 
accession'' or ``a declaration of provisional application'' by 
a Government shall, in the case of the EC, be construed as 
including signature or declaration of provisional application 
on behalf of the EC by its competent authority and the deposit 
of the instrument required by the institutional procedures of 
the EC to be deposited for the conclusion of an international 
agreement.
    (3) Any reference in this Convention to a ``Government'', 
or ``Governments'', or ``member'', shall be understood, where 
appropriate, to include a reference to any separate customs 
territory within the meaning of the General Agreement on 
Tariffs and Trade or of the Agreement Establishing The World 
Trade Organization.

                               article 3

                    Information, reports and studies

    (1) To facilitate the achievement of the objectives in 
Article 1, make possible a fuller exchange of views at Council 
sessions, and provide information on a continuing basis to 
serve the general interest of members, arrangements shall be 
made for regular reports and exchange of information, and also 
special studies, as appropriate, covering grains, focusing 
primarily upon the following:
          (a) supply, demand and market conditions;
          (b) developments in national policies and their 
        effects on the international market;
          (c) developments concerning the improvement and 
        expansion of trade, utilization, storage and 
        transportation, especially in developing countries.
    (2) To improve the collection and presentation of 
information for those reports and studies referred to in 
paragraph (1) of this Article, to make it possible for more 
members to participate directly in the work of the Council, and 
to supplement the guidance already given by the Council in the 
course of its sessions, there shall be established a Market 
Conditions Committee, whose meetings shall be open to all 
members of the Council. The Committee shall have the functions 
specified in Article 16.

                               article 4

                  Consultations on market developments

    (1) If the Market Conditions Committee, in the course of 
its continuous review of the market under Article 16, is of the 
opinion that developments in the international grain market 
seriously threaten to affect the interests of members, or if 
such developments are called to the Committee's attention by 
the Executive Director on his own initiative or at the request 
of any member of the Council, it shall immediately report the 
facts concerned to the Executive Committee. The Market 
Conditions Committee, in so informing the Executive Committee, 
shall give particular regard to those circumstances which 
threaten to affect the interests of members.
    (2) The Executive Committee shall meet within ten working 
days to review such developments and, if it deems it 
appropriate, request the Chairman of the Council to convene a 
session of the Council to consider the situation.

                               article 5

             Commercial purchases and special transactions

    (1) A commercial purchase for the purposes of this 
Convention is a purchase as defined in Article 2 which conforms 
to the usual commercial practices in international trade and 
which does not include those transactions referred to in 
paragraph (2) of this Article.
    (2) A special transaction for the purposes of this 
Convention is one which includes features introduced by the 
Government of a member concerned which do not conform to usual 
commercial practices. Special transactions include the 
following:
          (a) sales on credit in which, as a result of 
        government intervention, the interest rate, period of 
        payment, or other related terms do not conform to the 
        commercial rates, periods or terms prevailing in the 
        world market;
          (b) sales in which the funds for the purchase of 
        grain are obtained under a loan from the Government of 
        the exporting member tied to the purchase of grain;
          (c) sales for currency of the importing member which 
        is not transferable or convertible into currency or 
        goods for use in the exporting member;
          (d) sales under trade agreements with special 
        payments arrangements which include clearing accounts 
        for settling credit balances bilaterally through the 
        exchange of goods, except where the exporting member 
        and the importing member concerned agree that the sale 
        shall be regarded as commercial;
          (e) barter transactions:
                  (i) which result from the intervention of 
                Governments where grain is exchanged at other 
                than prevailing world prices, or
                  (ii) which involve sponsorship under a 
                government purchase programme, except where the 
                purchase of grain results from a barter 
                transaction in which the country of final 
                destination was not named in the original 
                barter contract;
          (f) a gift of grain or a purchase of grain out of a 
        monetary grant by the exporting member made for that 
        specific purpose;
          (g) any other categories of transactions, as the 
        Council may prescribe, that include features introduced 
        by the Government of a member concerned which do not 
        conform to usual commercial practices.
    (3) Any question raised by the Executive Director or by any 
member as to whether a transaction is a commercial purchase as 
defined in paragraph (1) of this Article or a special 
transaction as defined in paragraph (2) of this Article shall 
be decided by the Council.

                               article 6

            Guidelines relating to concessional transactions

    (1) Members undertake to conduct any concessional 
transactions in grains in such a way as to avoid harmful 
interference with normal patterns of production and 
international commercial trade.
    (2) To this end both supplying and recipient members shall 
undertake appropriate measures to ensure that concessional 
transactions are additional to commercial sales which could 
reasonably be anticipated in the absence of such transactions, 
and would increase consumption or stocks in the recipient 
country. Such measures shall, for countries which are members 
of the Food and Agriculture Organization (FAO), be consistent 
with the FAO Principles of Surplus Disposal and Guiding Lines 
and the consultative obligations of FAO members, and may 
include the requirement that a specified level of commercial 
imports of grains agreed with the recipient country be 
maintained on a global basis by that country. In establishing 
or adjusting this level, full regard shall be had to the 
commercial import levels in a representative period, to recent 
trends in utilisation and imports, and to the economic 
circumstances of the recipient country, including, in 
particular, its balance-of-payments situation.
    (3) Members, when engaging in concessional export 
transactions, shall consult with exporting members whose 
commercial sales might be affected by such transactions to the 
maximum possible extent before such arrangements are concluded 
with recipient countries.
    (4) The Secretariat shall periodically report to the 
Council on developments in concessional transactions in grains.

                               article 7

                        Reporting and recording

    (1) Members shall provide regular reports, and the Council 
shall maintain records for each crop year, showing separately 
commercial and special transactions, of all shipments of grain 
by members and all imports of grain from non-members. The 
Council shall also maintain, to the extent possible, records of 
all shipments between non-members.
    (2) Members shall provide, as far as possible, such 
information as the Council may require concerning their grain 
supply and demand, and report promptly all changes in their 
national grain policies.
    (3) For the purposes of this Article:
          (a) members shall send to the Executive Director such 
        information concerning the quantities of grain involved 
        in commercial sales and purchases and special 
        transactions as the Council within its competence may 
        require, including:
                  (i) in relation to special transactions, such 
                detail of the transactions as will enable them 
                to be classified in accordance with Article 5;
                  (ii) such information as may be available as 
                to the type, class, grade and quality of the 
                grains concerned;
          (b) any member when exporting grain shall send to the 
        Executive Director such information relating to their 
        export prices as the Council may require;
          (c) the council shall obtain regular information on 
        currently prevailing grain transportation costs, and 
        members shall report such supplementary information as 
        the council may require.
    (4) In the case of any grain which reaches the country of 
final destination after resale in, passage through, or 
transhipment from the ports of, a country other than that in 
which it originated, members shall to the maximum extent 
possible make available such information as will enable the 
shipment to be entered in the records as a shipment between the 
country of origin and the country of final destination. In the 
case of a resale, the provisions of this paragraph shall apply 
if the grain originated in the country of origin during the 
same crop year.
    (5) The Council shall make rules of procedure for the 
reports and records referred to in this Article. Those rules 
shall prescribe the frequency and the manner in which those 
reports shall be made and shall prescribe the duties of members 
with regard thereto. The Council shall also make provision for 
the amendment of any records or statements kept by it, 
including provision for the settlement of any dispute arising 
in connection therewith. If any member repeatedly and 
unreasonably fails to make reports as required by this Article, 
the Executive Committee shall arrange consultations with that 
member to remedy the situation.

                               article 8

                        Disputes and complaints

    (1) Any dispute concerning the interpretation or 
application of this Convention which is not settled by 
negotiation shall, at the request of any member which is a 
party to the dispute, be referred to the Council for decision.
    (2) Any member which considers that its interests as a 
party to this Convention have been seriously prejudiced by 
actions of any one or more members affecting the operation of 
this Convention may bring the matter before the Council. In 
such a case, the Council shall immediately consult with the 
members concerned in order to resolve the matter. If the matter 
is not resolved through such consultations, the Council shall 
consider the matter further and may make recommendations to the 
members concerned.

                        PART II--ADMINISTRATION

                               article 9

                      Constitution of the Council

    (1) The Council (formerly the International Wheat Council, 
as established by the International Wheat Agreement, 1949, and 
now renamed the International Grains Council) shall continue in 
being for the purposes of administering this Convention with 
the membership, powers and functions provided in this 
Convention.
    (2) Members may be represented at Council meetings by 
delegates, alternates and advisers.
    (3) The Council shall elect a Chairman and a Vice-Chairman 
who shall hold office for one crop year. The Chairman shall 
have no vote and the Vice-Chairman shall have no vote while 
acting as Chairman.

                               article 10

                  Powers and functions of the Council

    (1) The Council shall establish its Rules of Procedure.
    (2) The Council shall keep such records as are required by 
the terms of this Convention and may keep such other records as 
it considers desirable.
    (3) In order to enable the Council to discharge its 
functions under this Convention, the Council may request, and 
members undertake to supply, subject to the provisions of 
paragraph (2) of Article 7, such statistics and information as 
are necessary for this purpose.
    (4) The Council may, by special vote, delegate to any of 
its committees, or to the Executive Director, the exercise of 
powers or functions other than the following:
          (a) decisions on matters under Article 8;
          (b) review, under Article 11, of the votes of members 
        listed in the Annex;
          (c) determination of exporting and importing members 
        and distribution of their votes under Article 12;
          (d) location of the seat of the Council under 
        paragraph (1) of Article 13;
          (e) appointment of the Executive Director under 
        paragraph (2) of Article 17;
          (f) adoption of the budget and assessment of members' 
        contributions under Article 21;
          (g) suspension of the voting rights of a member under 
        paragraph (6) of Article 21;
          (h) any request to the Secretary-General of UNCTAD to 
        convene a negotiating conference under Article 22;
          (i) exclusion of a member from the Council under 
        Article 30;
          (j) recommendation of an amendment under Article 32;
          (k) extension or termination of this Convention under 
        Article 33. The Council may at any time revoke such 
        delegation by a majority of the votes cast.
    (5) Any decision made under any powers or functions 
delegated by the Council in accordance with paragraph (4) of 
this Article shall be subject to review by the Council at the 
request of any member made within a period which the Council 
shall prescribe. Any decision in respect of which no request 
for review has been made within the prescribed period shall be 
binding on all members.
    (6) In addition to the powers and functions specified in 
this Convention the Council shall have such other powers and 
perform such other functions as are necessary to carry out the 
terms of this Convention.

                               article 11

          Votes for entry into force and budgetary procedures

    (1) For the purposes of the entry into force of this 
Convention, the calculations under paragraph (1) of Article 28 
shall be based on the votes as set out in part A of the Annex.
    (2) For the purposes of the assessment of financial 
contributions under Article 21, the votes of members shall be 
based on those set out in the Annex, subject to the provisions 
of this Article and the associated Rules of Procedure.
    (3) Whenever this Convention is extended under paragraph 
(2) of Article 33, the Council shall review and adjust the 
votes of members under this Article. Such adjustments shall 
bring the distribution of votes more closely into line with 
current grain trade patterns, and shall be in accordance with 
the methods specified in the Rules of Procedure.
    (4) If the Council decides that a significant shift in 
world grain trading patterns has occurred it shall review, and 
may adjust, the votes of members. Such adjustments shall be 
regarded as amendments to this Convention, and shall be subject 
to the provisions of Article 32, except that an adjustment of 
votes may take effect only at the beginning of a fiscal year. 
After any adjustment to member's votes under this paragraph has 
taken effect, no further such adjustment may be put into effect 
before three years have elapsed.
    (5) All redistributions of votes under this Article shall 
be conducted in accordance with the Rules of Procedure.
    (6) For all purposes regarding the administration of this 
Convention, other than its entry into force under paragraph (1) 
of Article 28 and the assessment of financial contributions 
under Article 21, the votes to be exercised by members shall be 
as determined under Article 12.

                               article 12

 Determination of exporting and importing members and distribution of 
                              their votes

    (1) At the first session held under this Convention, the 
Council shall establish which members shall be exporting 
members and which members shall be importing members for the 
purposes of this Convention. In so deciding, the Council shall 
take account of the grain trading patterns of those members and 
of their own views.
    (2) As soon as the Council has determined which members 
shall be exporting and which shall be importing members under 
this Convention, the exporting members, on the basis of their 
votes under Article 11, shall divide their votes among them as 
they shall decide, subject to the conditions laid down in 
paragraph (3) of this Article, and the importing members shall 
similarly divide their votes.
    (3) For the purposes of the allocation of votes under 
paragraph (2) of this Article, the exporting members shall 
together hold 1,000 votes, and the importing members shall 
together hold 1,000 votes. No member shall hold more than 333 
votes as an exporting member or more than 333 votes as an 
importing member. There shall be no fractional votes.
    (4) The lists of exporting and importing members shall be 
reviewed by the Council, in the light of changing patterns in 
their grain trade, after a period of three years following the 
entry into force of this Convention. They shall also be 
reviewed whenever this Convention is extended under paragraph 
(2) of Article 33.
    (5) At the request of any member, the Council may, at the 
beginning of any fiscal year, agree by special vote to the 
transfer of that member from the list of exporting members to 
the list of importing members, or from the list of importing 
members to the list of exporting members, as appropriate.
    (6) The distribution of the votes of exporting and 
importing members shall be reviewed by the Council whenever the 
lists of the exporting and importing members are changed under 
paragraphs (4) or (5) of this Article. Any redistribution of 
votes under this paragraph shall be subject to the conditions 
set out in paragraph (3) of this Article.
    (7) Whenever any Government becomes, or ceases to be, a 
party to this Convention, the Council shall redistribute the 
votes of the other exporting or importing members, as 
appropriate, in proportion to the number of votes held by each 
member, subject to the conditions set out in paragraph (3) of 
this Article.
    (8) Any exporting member may authorize any other exporting 
member, and any importing member may authorise any other 
importing member, to represent its interests and to exercise 
its votes at any meeting or meetings of the Council. 
Satisfactory evidence of such authorisation shall be submitted 
to the Council.
    (9) If at any meeting of the Council a member is not 
represented by an accredited delegate and has not authorized 
another member to exercise its votes in accordance with 
paragraph (8) of this Article, or if at the date of any meeting 
any member has forfeited, has been deprived of, or has 
recovered its votes under any provisions of this Convention, 
the total votes to be exercised by the exporting members at 
that meeting shall be adjusted to a figure equal to the total 
of votes to be exercised at that meeting by the importing 
members and redistributed among exporting members in proportion 
to their votes.

                               article 13

                       Seat, sessions and quorum

    (1) The seat of the Council shall be in London unless the 
Council decides otherwise.
    (2) The Council shall meet at least once during each half 
of each fiscal year and at such other times as the Chairman may 
decide, or as otherwise required by this Convention.
    (3) The Chairman shall convene a session of the Council if 
so requested by (a) five members or (b) one or more members 
holding a total of not less than 10 per cent of the total votes 
or (c) the Executive Committee.
    (4) The presence of delegates with a majority of the votes 
held by the exporting members and a majority of the votes held 
by the importing members, prior to any adjustment of votes 
under paragraph (9) of Article 12, shall be necessary to 
constitute a quorum at any meeting of the Council.

                               article 14

                               Decisions

    (1) Except where otherwise specified in this Convention, 
decisions of the Council shall be by a majority of the votes 
cast by the exporting members and a majority of the votes cast 
by the importing members, counted separately.
    (2) Without prejudice to the complete liberty of action of 
any member in the determination and administration of its 
agricultural and price policies, each member undertakes to 
accept as binding all decisions of the Council under the 
provisions of this Convention.

                               article 15

                          Executive Committee

    (1) The Council shall establish an Executive Committee 
consisting of not more than six exporting members elected 
annually by the exporting members and not more than eight 
importing members elected annually by the importing members. 
The Council shall appoint the Chairman of the Executive 
Committee and may appoint a Vice-Chairman.
    (2) The Executive Committee shall be responsible to and 
work under the general direction of the Council. It shall have 
such powers and functions as are expressly assigned to it under 
this Convention and such other powers and functions as the 
Council may delegate to it under paragraph (4) of Article 10.
    (3) The exporting members on the Executive Committee shall 
have the same total number of votes as the importing members. 
The votes of the exporting members on the Executive Committee 
shall be divided among them as they shall decide, provided that 
no such exporting member shall have more than 40 per cent of 
the total votes of those exporting members. The votes of the 
importing members on the Executive Committee shall be divided 
among them as they shall decide, provided that no such 
importing member shall have more than 40 per cent of the total 
votes of those importing members.
    (4) The Council shall prescribe rules of procedure 
regarding voting in the Executive Committee and may make such 
other provision regarding rules of procedure in the Executive 
Committee as it thinks fit. A decision of the Executive 
Committee shall require the same majority of votes as this 
Convention prescribes for the Council when making a decision on 
a similar matter.
    (5) Any member of the Council which is not a member of the 
Executive Committee may participate, without voting, in the 
discussion of any question before the Executive Committee 
whenever the latter considers that the interests of that member 
are affected.

                               article 16

                      Market Conditions Committee

    (1) The Council shall establish a Market Conditions 
Committee, which shall be a Committee of the whole. The 
Chairman of the Market Conditions Committee shall be the 
Executive Director, unless the Council decides otherwise.
    (2) Invitations to attend the meetings of the Market 
Conditions Committee as observers may be extended to 
representatives of non-member Governments and international 
organizations, as the Chairman of the Committee considers 
appropriate.
    (3) The Committee shall keep under continuous review, and 
report to members on, all matters affecting the world grain 
economy. The Committee shall take account in its review of 
relevant information supplied by any member of the Council.
    (4) The Committee shall supplement the guidance given by 
the Council to assist the Secretariat in carrying out the work 
envisaged in Article 3.
    (5) The Committee shall advise in accordance with the 
relevant Articles of this Convention and on any matters which 
the Council or the Executive Committee may refer to it.

                               article 17

                              Secretariat

    (1) The Council shall have a Secretariat consisting of an 
Executive Director, who shall be its chief administrative 
officer, and such staff as may be required for the work of the 
Council and its Committees.
    (2) The Council shall appoint the Executive Director who 
shall be responsible for the performance of the duties 
devolving upon the Secretariat in the administration of this 
Convention, and for the performance of such other duties as are 
assigned to him by the Council and its Committees.
    (3) The staff shall be appointed by the Executive Director 
in accordance with regulations established by the Council.
    (4) It shall be a condition of employment of the Executive 
Director and of the staff that they do not hold or shall cease 
to hold financial interest in the grain trade and that they 
shall not seek or receive instructions regarding their duties 
under this Convention from any Government or from any other 
authority external to the Council.

                               article 18

                         Admission of observers

    The Council may invite any non-member State, and any 
intergovernmental organization, to attend any of its meetings 
as an observer.

                               article 19

        Co-operation with other intergovernmental organisations

    (1) The Council may make whatever arrangements are 
appropriate for consultation or co-operation with the United 
Nations, its organs, and such other specialized agencies and 
intergovernmental organisations as may be appropriate, in 
particular the United Nations Conference on Trade and 
Development, the Food and Agriculture Organization, the Common 
Fund for Commodities and the World Food Programme.
    (2) The Council, bearing in mind the particular role of the 
United Nations Conference on Trade and Development in 
international commodity trade, will, as it considers 
appropriate, keep the United Nations Conference on Trade and 
Development informed of its activities and programmes of work.
    (3) If the Council finds that any terms of this Convention 
are materially inconsistent with such requirements as may be 
laid down by the United Nations through its appropriate organs 
or by its specialised agencies regarding intergovernmental 
commodity agreements, the inconsistency shall be deemed to be a 
circumstance affecting adversely the operation of this 
Convention and the procedure prescribed in Article 32 shall be 
applied.

                               article 20

                       Privileges and immunities

    (l) The Council shall have legal personality. It shall in 
particular have the capacity to contract, acquire and dispose 
of movable and immovable property and to institute legal 
proceedings.
    (2) The status, privileges and immunities of the Council in 
the territory of the United Kingdom shall continue to be 
governed by the Headquarters Agreement between the Government 
of the United Kingdom of Great Britain and Northern Ireland and 
the International Wheat Council signed at London on 28 November 
1968.
    (3) The Agreement referred to in paragraph (2) of this 
Article shall be independent of the present Convention. It 
shall however terminate:
          (a) by agreement between the Government of the United 
        Kingdom of Great Britain and Northern Ireland and the 
        Council, or
          (b) in the event of the seat of the Council being 
        moved from the United Kingdom, or
          (c) in the event of the Council ceasing to exist.
    (4) In the event of the seat of the Council being moved 
from the United Kingdom, the Government of the member in which 
the seat of the Council is situated shall conclude with the 
Council an international agreement relating to the status, 
privileges and immunities of the Council, its Executive 
Director, its staff and representatives of members at meetings 
convened by the Council.

                               article 21

                                Finance

    (1) The expenses of delegations to the Council and of 
representatives on its Committees and working groups shall be 
met by their respective Governments. The other expenses 
necessary for the administration of this Convention shall be 
met by annual contributions from all members. The contribution 
of each member for each fiscal year shall be in the proportion 
which the number of its votes in the Annex bears to the total 
of the votes of members in the Annex, as adjusted under Article 
11 to reflect the membership of the Convention at the time when 
the budget for that fiscal year is adopted.
    (2) At its first session after this Convention comes into 
force, the Council shall approve its budget for the fiscal year 
ending 30 June 1996, and assess the contribution to be paid by 
each member.
    (3) The Council shall, at a session during the second half 
of each fiscal year, approve its budget for the following 
fiscal year and assess the contribution to be paid by each 
member for that fiscal year.
    (4) The initial contribution of any member acceding to this 
Convention under paragraph (2) of Article 27 shall be assessed 
on the basis of the votes agreed with the Council as a 
condition for its accession, and the period of the current 
fiscal year remaining at the time of accession, but the 
assessments of contributions to be paid by the other members in 
that fiscal year shall not be altered.
    (5) Contributions shall be payable immediately upon 
assessment.
    (6) If, at the end of six months following the date on 
which its contribution is due in accordance with paragraph (5) 
of this Article, a member has not paid its full contribution, 
the Executive Director shall request the member to make payment 
as quickly as possible. If, at the expiration of six months 
after the request of the Executive Director, the member has 
still not paid its contribution, its voting rights in the 
Council and in the Executive Committee shall be suspended until 
such time as it has made full payment of the contribution.
    (7) A member whose voting rights have been suspended under 
paragraph (6) of this Article shall not be deprived of any of 
its other rights or relieved of any of its obligations under 
this Convention, unless the Council so decides by special vote. 
It shall remain liable to pay its contribution and to meet any 
other of its financial obligations under this Convention.
    (8) The Council shall, each fiscal year, publish an audited 
statement of its receipts and expenditures in the previous 
fiscal year.
    (9) The Council shall, prior to its dissolution, provide 
for the settlement of its liabilities and the disposal of its 
records and assets.

                               article 22

                          Economic provisions

    The Council may, at an appropriate time, examine the 
possibility of the negotiation of a new international agreement 
or convention with economic provisions, and report to members, 
making such recommendations as it deems appropriate. The 
Council may, when it is judged that such a negotiation could be 
successfully concluded, request the Secretary-General of the 
United Nations Conference on Trade and Development to convene a 
negotiating conference.

                       PART III--FINAL PROVISIONS

                               article 23

                               Depositary

    (1) The Secretary-General of the United Nations is hereby 
designated as the depositary of this Convention.
    (2) The depositary shall notify all signatory and acceding 
Governments of each signature, ratification, acceptance, 
approval, provisional application of, and accession to, this 
Convention, as well as each notification and notice received 
under Articles 29 and 32.

                               article 24

                               Signature

    This Convention shall be open for signature at United 
Nations Headquarters from 1 May 1995 until and including 30 
June 1995 by the Governments listed in the Annex.

                               article 25

                   Ratification, acceptance, approval

    (1) This Convention shall be subject to ratification, 
acceptance or approval by each signatory Government in 
accordance with its respective constitutional procedures.
    (2) Instruments of ratification, acceptance or approval 
shall be deposited with the depositary not later than 30 June 
1995. The Council may, however, grant one or more extensions of 
time to any signatory Government which is unable to deposit its 
instrument by that date. The Council shall inform the 
depositary of all such extensions of time.

                               article 26

                        Provisional application

    Any signatory Government and any other Government eligible 
to sign this Convention, or whose application for accession is 
approved by the Council, may deposit with the depositary a 
declaration of provisional application. Any Government 
depositing such a declaration shall provisionally apply this 
Convention in accordance with its laws and regulations and be 
provisionally regarded as a party thereto.

                               article 27

                               Accession

    (1) Any Government listed in the Annex may accede to the 
present Convention until and including 30 June 1995, except 
that the Council may grant one or more extensions of time to 
any Government which has not deposited its instrument by that 
date.
    (2) This Convention shall be open for accession after 30 
June 1995 by the Governments of all States upon such conditions 
as the Council considers appropriate. Accession shall be 
effected by the deposit of an instrument of accession with the 
depositary. Such instruments of accession shall state that the 
Government accepts all the conditions established by the 
Council.
    (3) Where, for the purposes of the operation of this 
Convention, reference is made to members listed in the Annex, 
any member the Government of which has acceded to this 
Convention on conditions prescribed by the Council in 
accordance with this Article shall be deemed to be listed in 
the Annex.

                               article 28

                            Entry into force

    (1) This Convention shall enter into force on 1 July 1995 
if instruments of ratification, acceptance, approval or 
accession, or declarations of provisional application have been 
deposited not later than 30 June 1995 on behalf of Governments 
listed in part A of the Annex holding, at least, 88 per cent of 
the total votes set out in part A of the Annex.
    (2) If this Convention does not enter into force in 
accordance with paragraph (1) of this Article, the Governments 
which have deposited instruments of ratification, acceptance, 
approval or accession, or declarations of provisional 
application, may decide by mutual consent that it shall enter 
into force between themselves.

                               article 29

                               Withdrawal

    Any member may withdraw from this Convention at the end of 
any fiscal year by giving written notice of withdrawal to the 
depositary at least ninety days prior to the end of that fiscal 
year, but shall not thereby be released from any obligations 
under this Convention which have not been discharged by the end 
of that fiscal year. The member shall simultaneously inform the 
Council of the action it has taken.

                               article 30

                               Exclusion

    If the Council finds that any member is in breach of its 
obligations under this Convention and decides further that such 
breach significantly impairs the operation of this Convention, 
it may, by special vote, exclude such member from the Council. 
The Council shall immediately notify the depositary of any such 
decision. Ninety days after the date of the Council's decision, 
that member shall cease to be a member of the Council.

                               article 31

                         Settlement of accounts

    (1) The Council shall determine any settlement of accounts 
which it finds equitable with a member which has withdrawn from 
this Convention or which has been excluded from the Council, or 
has otherwise ceased to be a party to this Convention. The 
Council shall retain any amounts already paid by such member. 
Such member shall be bound to pay any amounts due from it to 
the Council.
    (2) Upon termination of this Convention, any member 
referred to in paragraph (1) of this Article shall not be 
entitled to any share of the proceeds of the liquidation or the 
other assets of the Council; nor shall it be burdened with any 
part of the deficit, if any, of the Council.

                               article 32

                               Amendment

    (1) The Council may by special vote recommend to members an 
amendment of this Convention. The amendment shall become 
effective 100 days after the depositary has received 
notifications of acceptance from exporting members which hold 
two thirds of the votes of the exporting members and by 
importing members which hold two thirds of the votes of the 
importing members, or on such later date as the Council may 
have determined by special vote. The Council may fix a time 
within which each member shall notify the depositary of its 
acceptance of the amendment and, if the amendment has not 
become effective by such time, it shall be considered 
withdrawn. The Council shall provide the depositary with the 
information necessary to determine whether the notifications of 
acceptance received are sufficient to make the amendment 
effective.
    (2) Any member on behalf of which notification of 
acceptance of an amendment has not been made by the date on 
which such amendment becomes effective shall as of that date 
cease to be a party to this Convention, unless such member has 
satisfied the Council that acceptance could not be secured in 
time owing to difficulties in completing its constitutional 
procedures and the Council decides to extend for such member 
the period fixed for acceptance. Such member shall not be bound 
by the amendment before it has notified its acceptance thereof.

                               article 33

                  Duration, extension and termination

    (1) This Convention shall remain in force until 30 June 
1998, unless extended under paragraph (2) of this Article, or 
terminated earlier under paragraph (3) of this Article, or 
replaced before that date by a new agreement or convention 
negotiated under Article 22.
    (2) The Council may, by special vote, extend this 
Convention beyond 30 June 1998 for successive periods not 
exceeding two years on each occasion. Any member which does not 
accept such extension of this Convention shall so inform the 
Council at least thirty days prior to the extension coming into 
force. Such a member shall cease to be a party to this 
Convention from the beginning of the period of extension, but 
it shall not thereby be released from any obligations under 
this Convention which have not been discharged prior to that 
date.
    (3) The Council may at any time decide, by special vote, to 
terminate this Convention with effect from such date and 
subject to such conditions as it may determine.
    (4) Upon termination of this Convention, the Council shall 
continue in being for such time as may be required to carry out 
its liquidation and shall have such powers and exercise such 
functions as may be necessary for that purpose.
    (5) The Council shall notify the depositary of any action 
taken under paragraph (2) or paragraph (3) of this Article.

                               article 34

                 Relationship of Preamble to Convention

    This Convention includes the Preamble to the International 
Grains Agreement, 1995.
                      3. Food Aid Convention, 1999

Done at London April 13, 1999; Entered into force July 1, 1999; Entered 
          into force for the United States January 5, 2001\1\

                                PREAMBLE

    The Parties to this Convention,

    Having reviewed the Food Aid Convention, 1995 and its 
objective of securing at least 10 million tonnes of food aid 
annually in the form of grain suitable for human consumption, 
and wishing to confirm their desire to maintain international 
co-operation on food aid matters among member governments;
---------------------------------------------------------------------------
    \1\ The Food Aid Convention, 1999, is a contstituent instrument of 
the International Grains Agreement, 1995, which also includes the Grain 
Trade Convention, 1995. The Food Aid Convention, 1995, was re-opened 
for negotiation in December 1996 and resulted in the Food Aid 
Convention, 1999.

    Recalling the Declaration on World Food Security and the 
World Food Summit Plan of Action adopted in Rome in 1996, in 
particular the commitment to achieve food security for all and 
---------------------------------------------------------------------------
to an ongoing effort to eradicate hunger;

    Desiring to enhance the capacity of the international 
community to respond to food emergency situations and to 
improve world food security, through the assurance of supplies 
of food aid irrespective of world food price and supply 
fluctuations;

    Recalling that, in their 1994 Marrakesh decision on 
measures concerning least-developed countries and net food-
importing developing countries, Ministers of WTO member 
countries agreed to review the level of food aid established 
under the Food Aid Convention as further elaborated at the 1996 
Singapore Ministerial Conference;

    Recognising that the recipients and members have their own 
policies on food aid and related matters, and that the ultimate 
objective of food aid is the elimination of the need for food 
aid itself;

    Desiring to improve the effectiveness and quality of food 
aid as a tool in support of food security in developing 
countries, particularly to alleviate poverty and hunger of the 
most vulnerable groups, and to improve member co-ordination and 
co-operation in the field of food aid;

    Have agreed on the following:

                   PART I--OBJECTIVES AND DEFINITIONS

                               article i

                               Objectives

    The objectives of this Convention are to contribute to 
world food security and to improve the ability of the 
international community to respond to emergency food situations 
and other food needs of developing countries by:
    (a) making appropriate levels of food aid available on a 
predictable basis, as determined by the provisions of this 
Convention;
    (b) encouraging members to ensure that the food aid 
provided is aimed particularly at the alleviation of poverty 
and hunger of the most vulnerable groups, and is consistent 
with agricultural development in those countries;
    (c) including principles for maximising the impact, the 
effectiveness and quality of the food aid provided as a tool in 
support of food security; and,
    (d) providing a framework for co-operation, co-ordination 
and information-sharing among members on food aid related 
matters to achieve greater efficiency in all aspects of food 
aid operations and better coherence between food aid and other 
policy instruments.

                               article ii

                              Definitions

    (a) Under this Convention, unless the context otherwise 
requires, any reference to:
          (i) ``c.i.f.'' means cost, insurance and freight;
          (ii) ``Commitment'' means the minimum amount of food 
        aid to be provided annually by a member under Article 
        III (e);
          (iii) ``Committee'' means the Food Aid Committee 
        referred to in Article XV;
          (iv) ``Contribution'' means the amount of food aid 
        provided and reported to the Committee by a member 
        annually in accordance with the provisions of this 
        Convention;
          (v) ``Convention'' means the Food Aid Convention, 
        1999;
          (vi) ``DAC'' means the Development Assistance 
        Committee of OECD;
          (vii) ``Developing country'' means any country or 
        territory eligible to receive food aid under Article 
        VII;
          (viii) ``Eligible product'' means a product, referred 
        to in Article IV, which may be provided as food aid by 
        a member as its contribution under this Convention;
          (ix) ``Executive Director'' means the Executive 
        Director of the International Grains Council;
          (x) ``f.o.b.'' means free on board;
          (xi) ``Food'' or ``food aid'' includes, as 
        appropriate, a reference to seed for food crops;
          (xii) ``Member'' means a party to this Convention;
          (xiii) ``Micronutrients'' means vitamins and minerals 
        used to fortify or complement food aid products which 
        are eligible, under Article IV (c), to be counted as a 
        member's contribution;
          (xiv) ``OECD'' means the Organisation for Economic 
        Co-operation and Development;
          (xv) ``Products of primary processing'' include:
                  cereal flours;
                  cereal groats and cereal meal;
                  other worked cereal grains (e.g. rolled, 
                flaked, polished, pearled and kibbled, but not 
                further prepared) except husked, glazed, 
                polished or broken rice;
                  germ of cereals, whole, rolled, flaked or 
                ground;
                  bulgur; and
                  any other similar grain product which the 
                Committee may decide;
          (xvi) ``Products of secondary processing'' include:
                  macaroni, spaghetti and similar products; and
                  any other product, whose manufacture involves 
                the use of a product of primary processing, 
                which the Committee may decide;
          (xvii) ``Rice'' includes husked, glazed, polished or 
        broken rice;
          (xviii) ``Secretariat'' means the Secretariat of the 
        International Grains Council;
          (xix) ``Tonne'' means a metric ton of 1,000 
        kilograms;
          (xx) ``Transport and other operational costs'', as 
        listed in Annex A, mean costs beyond the f.o.b. stage 
        or, in the case of local purchases, beyond the point of 
        purchase, associated with a food aid operation, which 
        may be counted in whole or in part towards a member's 
        contribution;
          (xxi) ``Value'' means the commitment of a member in a 
        convertible currency;
          (xxii) ``Wheat equivalent'' means the amount of a 
        member's commitment or contribution as evaluated in 
        accordance with Article V;
          (xxiii) ``WTO'' means the World Trade Organization;
          (xxiv) ``Year'' means the period from 1 July to the 
        following 30 June, unless otherwise stated.
    (b) Any reference in this Convention to a ``Government'' or 
``Governments'' or ``member'' shall be construed as including a 
reference to the European Community (hereinafter referred to as 
the EC). Accordingly, any reference in this Convention to 
``signature'' or to the ``deposit of instruments of 
ratification, acceptance, or approval'' or ``an instrument of 
accession'' or ``a declaration of provisional application'' by 
a Government shall, in the case of the EC, be construed as 
including signature or declaration of provisional application 
on behalf of the EC by its competent authority and the deposit 
of the instrument required by the institutional procedures of 
the EC to be deposited for the conclusion of an international 
agreement.
    (c) Any reference in this Convention to a ``Government'', 
or ``Governments'', or ``member'', shall be understood, where 
appropriate, to include a reference to any separate customs 
territory within the meaning of the General Agreement on 
Tariffs and Trade or of the Agreement Establishing The World 
Trade Organization.

                    PART II--CONTRIBUTIONS AND NEEDS

                              article iii

                         Quantities and Quality

    (a) Members agree to provide food aid to developing 
countries or the cash equivalent thereof in the minimum annual 
amounts specified in paragraph (e) below (hereinafter referred 
to as ``he commitment''.
    (b) The commitment of each member shall be expressed in 
either tonnes of wheat equivalent or in value or in a 
combination of tonnage and value. Members expressing their 
commitment in value terms shall also specify a guaranteed 
annual tonnage.
    (c) In the case of members expressing their commitment in 
value terms or in a combination of tonnage and value, the value 
may include the transport and other operational costs 
associated with the food aid operations.
    (d) Whether its commitment is expressed in tonnage, in 
value, or in a combination of tonnage and value, a member may 
also include an indicative value representing its total 
estimated cost, including the transport and other operational 
costs associated with the food aid operations.
    (e) Subject to the provisions of Article VI, the commitment 
of each member shall be:

------------------------------------------------------------------------
                             Tonnage \1\
           Member               (wheat     Value \1\   Total indicative
                             equivalent)  (millions)   value (millions)
------------------------------------------------------------------------
Argentina                         35,000          --
Australia                        250,000          --           \2\ A$ 90
Canada                           420,000          --          \2\ C$ 150
European Community and its     1,320,000    \2\ =130            \2\ =422
 member States
Japan                            300,000          --
Norway                            30,000          --          \2\ NOK 59
Switzerland                       40,000          --
United States of America       2,500,000          --   \2\ US$ 900-1,000
------------------------------------------------------------------------
\1\ Members shall report their food aid operations in line with the
  relevant Rules of Procedure
\2\ Includes transport and other operational costs


    (f) Transport and other operational costs, when counted 
towards a member's commitment, must be incurred as part of a 
food aid operation which is also eligible to be counted towards 
a member's commitment.
    (g) In respect of transport and other operational costs, a 
member cannot count more than the acquisition cost of eligible 
products towards its commitment, except in the case of 
internationally recognised emergency situations.
    (h) Any member which has acceded to this Convention under 
paragraph (b) of Article XXIII shall be deemed to be listed in 
paragraph (e) of this Article, together with its commitment.
    (i) The commitment of an acceding member referred to in 
paragraph (h) of this Article shall not be less than 20,000 
tonnes or an appropriate value as the Committee may approve. 
This will normally apply in full starting in the first year 
during which the country is deemed by the Committee to have 
acceded to the Convention. However, to facilitate the accession 
of Governments other than those referred to in paragraph (e) of 
this Article, the Committee may agree that an acceding member's 
commitment should be phased in over a period of not more than 
three years, provided that the commitment is at least 10,000 
tonnes or an appropriate value in the first year, and increases 
by at least 5,000 tonnes a year or an appropriate value in each 
succeeding year.
    (j) All products provided as food aid shall meet 
international quality standards, be consistent with the dietary 
habits and nutritional needs of recipients and, with the 
exception of seeds, shall be suitable for human consumption.

                               article iv

                                Products

    (a) The following products are eligible to be supplied 
under this Convention, subject to the specifications set out in 
the relevant Rules of Procedure:
          (i) grains (wheat, barley, maize, millet, oats, rye, 
        sorghum or triticale) or rice;
          (ii) grain and rice products of primary or secondary 
        processing;
          (iii) pulses;
          (iv) edible oil;
          (v) root crops (cassava, round potatoes, sweet 
        potatoes, yams, or taro), where these are supplied in 
        triangular transactions or in local purchases;
          (vi) skimmed milk powder;
          (vii) sugar;
          (viii) seed for eligible products; and,
          (ix) within the limits of paragraph (b) below, 
        products which are a component of the traditional diet 
        of vulnerable groups, or a component of supplementary 
        feeding programmes, and which meet the requirements set 
        out in Article III (j) of this Convention.
    (b) The amount of food aid provided by a member in any year 
in fulfilling its commitment in the form of:
          (i) all products included in paragraph (a) (vi) to 
        (viii) of this Article shall not together exceed 15%, 
        and no product category may individually exceed 7%, of 
        its commitment excluding transport and other 
        operational costs;
          (ii) all products included in paragraph (a) (ix) of 
        this Article shall not together exceed 5%, and no 
        product may individually exceed 3%, of its commitment 
        excluding transport and other operational costs;
          (iii) in the case of commitments expressed as a 
        combination of tonnage and value, the percentages in 
        sub-paragraphs (i) and (ii) above shall be calculated 
        separately for tonnage and value, excluding transport 
        and other operational costs.
    (c) For the purposes of fulfilment of their commitments, 
members may provide micro-nutrients in conjunction with 
eligible products. They are encouraged to provide, when 
appropriate, fortified food aid products, particularly in 
emergency situations and targeted development projects.

                               article v

                              Equivalence

    (a) Contributions shall be counted in terms of their wheat 
equivalent, as follows:
          (i) grain for human consumption shall be equal to 
        wheat;
          (ii) rice shall be determined by the international 
        export price relationship between rice and wheat, in 
        accordance with the methods set out in the Rules of 
        Procedure;
          (iii) products of primary or secondary processing of 
        grains or of rice shall be determined by their 
        respective grain or rice content, in accordance with 
        the specifications set out in the Rules of Procedure;
          (iv) pulses, seed of grain, rice or other food crops, 
        and all other eligible products, shall be based on the 
        costs of acquisition in accordance with the methods set 
        out in the Rules of Procedure.
    (b) In the case of contributions in the form of blends or 
mixtures of products, only the proportion of the blend or 
mixture which is made from eligible products shall be counted 
towards a member's contribution.
    (c) The Committee shall establish a Rule of Procedure to 
determine the wheat equivalent of fortified products and micro-
nutrients.
    (d) Contributions of cash for the purchase of eligible 
products supplied as food aid shall be evaluated either in 
accordance with the wheat equivalent of these products, or at 
prevailing international market prices of wheat, in accordance 
with the methods laid down in the Rules of Procedure.

                               article vi

                       Carryover and Carryforward

    (a) Each member shall ensure that operations in respect of 
its commitment for one year are made to the maximum extent 
possible within that year.
    (b) If a member is unable to provide the amount specified 
in paragraph (e) of Article III in a particular year, it shall 
report the circumstances to the Committee as soon as possible 
and, in any case, no later than the first session held after 
the end of that year. Unless the Committee decides otherwise, 
the unfulfilled amount shall be added to the member's 
commitment for the following year.
    (c) If a member's contribution exceeds its commitment for 
any year, up to 5% of its overall commitment, or the amount of 
the excess, whichever is the smaller, may be counted as part of 
the member's commitment for the following year.

                              article vii

                          Eligible Recipients

    (a) Food aid under this Convention may be provided to the 
developing countries and territories which are listed in Annex 
B, namely:
          (i) least-developed countries;
          (ii) low-income countries;
          (iii) lower middle-income countries, and other 
        countries included in the WTO list of Net Food-
        Importing Developing Countries at the time of 
        negotiation of this Convention, when experiencing food 
        emergencies or internationally recognised financial 
        crises leading to food shortage emergencies, or when 
        food aid operations are targeted on vulnerable groups.
    (b) For purposes of paragraph (a) above, any changes made 
to the DAC list of Developing Countries and Territories in 
Annex B (a) to (c) shall also apply to the list of eligible 
recipients under this Convention.
    (c) When allocating their food aid, members shall give 
priority to least-developed countries and low-income countries.

                              article viii

                                 Needs

    (a) Food aid should only be provided when it is the most 
effective and appropriate means of assistance.
    (b) Food aid should be based on an evaluation of needs by 
the recipient and the members, within their own respective 
policies, and should be aimed at enhancing food security in 
recipient countries. In responding to those needs, members 
shall pay attention to meeting the particular nutritional needs 
of women and children.
    (c) Food aid for free distribution should be targeted on 
vulnerable groups.
    (d) The provision of food aid in emergency situations 
should take particular account of longer-term rehabilitation 
and development objectives in the recipient countries and 
should respect basic humanitarian principles. Members shall aim 
to ensure that the food aid provided reaches the intended 
recipients in a timely manner.
    (e) To the maximum extent possible, non-emergency food aid 
shall be provided by members on a forward planning basis, so 
that recipient countries may be able to take account, in their 
development programmes, of the likely flow of food aid they 
will receive during each year of this Convention.
    (f) If it appears that, because of a substantial production 
shortfall or other circumstances, a particular country, region 
or regions is faced with exceptional food needs, the matter 
shall be considered by the Committee. The Committee may 
recommend that members should respond to the situation by 
increasing the amount of food aid provided.
    (g) At the time of the identification of food aid needs, 
members or their partners shall endeavour to consult with each 
other at the regional and recipient country level, with a view 
to developing a common approach to needs analysis.
    (h) Members agree, where appropriate, to identify priority 
countries and regions under their food aid programmes. Members 
will ensure transparency as to their priorities, policies and 
programmes, by providing information for other donors.
    (i) Members will consult with each other, directly or 
through their relevant partners, on the possibilities for the 
establishment of common action plans for priority countries, if 
possible on a multi-annual basis.

                               article ix

                         Forms and Terms of Aid

    (a) Food aid under this Convention may be supplied as:
          (i) grants of food or of cash to be used to purchase 
        food for or by the recipient country;
          (ii) sales of food for the currency of the recipient 
        country, which is not transferable and is not 
        convertible into currency or goods and services for use 
        by the donor members;
          (iii) sales of food on credit, with payment to be 
        made in reasonable annual amounts over periods of 20 
        years or more and with interest at rates which are 
        below commercial rates prevailing in world markets.
    (b) With respect only to food aid counted against a 
member's commitment, all food aid provided to least-developed 
countries shall be made in the form of grants.
    (c) Food aid under this Convention provided in the form of 
grants shall represent not less than 80 per cent of a member's 
contribution and, to the extent possible, members will seek 
progressively to exceed this percentage.
    (d) Members shall undertake to conduct all food aid 
transactions under this Convention in such a way as to avoid 
harmful interference with normal patterns of production and 
international commercial trade.
    (e) Members shall ensure that:
          (i) the provision of food aid is not tied directly or 
        indirectly, formally or informally, explicitly or 
        implicitly, to commercial exports of agricultural 
        products or other goods and services to recipient 
        countries;
          (ii) food aid transactions, including bilateral food 
        aid which is monetised, are carried out in a manner 
        consistent with the FAO ``principles of Surplus 
        Disposal and Consultative Obligations''

                               article x

                         Transport and Delivery

    (a) The costs of transporting and delivering food aid 
beyond the f.o.b. stage shall, to the extent possible, be borne 
by the donors, particularly in the case of emergency food aid 
or food aid provided to priority recipient countries.
    (b) In planning food aid operations, due account shall be 
taken of potential difficulties which may affect transport, 
processing or storage of food aid, and the effects that the 
delivery of the aid may have on marketing of local harvests in 
the recipient country.
    (c) In order to make optimum use of available logistical 
capacity, members shall establish, as far as possible, with 
other food aid donors, recipient countries, and any other 
parties involved in the delivery of the food aid, a co-
ordinated timetable for the delivery of their aid.
    (d) Due reference to the payment of transport and other 
operational costs shall be made in any review of the 
performance of members under this Convention.
    (e) Transport and other operational costs must be incurred 
as part of a food aid operation which is also eligible to be 
reported as part of a member's contribution.

                               article xi

                              Channelling

    (a) Members may provide their food aid bilaterally, through 
intergovernmental or other international organisations, or non-
governmental organisations.
    (b) Members shall give full consideration to the advantages 
of directing food aid through multilateral channels, in 
particular the World Food Programme.
    (c) In developing and implementing their food aid 
operations, members shall make use, whenever possible, of 
information and competencies available within the relevant 
international organisations, whether inter-governmental or non-
governmental, active in the field of food aid.
    (d) Members are encouraged to co-ordinate their food aid 
policies and activities in relation to international 
organisations active in the field of food aid, with a view to 
strengthening the coherence of food aid operations.

                              article xii

              Local Purchases and Triangular Transactions

    (a) In order to promote local agricultural development, 
strengthen regional and local markets and enhance the longer-
term food security of recipient countries, members shall give 
consideration to using or directing their cash contributions 
for the purchase of food:
          (i) for supply to the recipient country from other 
        developing countries (``triangular transactions''); or,
          (ii) in one part of a developing country for supply 
        to a deficit area in that country (``local 
        purchases'').
    (b) Cash contributions shall not normally be made to 
purchase food which is of the same type that the country which 
is the source of supply has received as bilateral or 
multilateral food aid in the same year as the purchase, or in a 
previous year if the food aid then received is still being 
used.
    (c) To facilitate the purchase of food from developing 
countries, members shall, to the extent possible, provide to 
the Secretariat such information as is available to them on 
food surpluses that may exist, or are anticipated, in 
developing countries.
    (d) Members shall pay particular attention to avoiding 
harmful effects on low-income consumers due to price changes 
resulting from local purchases.

                              article xiii

                        Effectiveness and Impact

    (a) In all food aid transactions, members shall pay 
particular attention to:
          (i) avoiding harmful effects on local harvests, 
        production and marketing structures, by appropriately 
        timing the distribution of food aid;
          (ii) respecting local food habits and nutritional 
        needs of the beneficiaries and minimising any possible 
        negative effects on their eating habits; and
          (iii) facilitating the participation of women in the 
        decision-making process and in the implementation of 
        food aid operations, thus strengthening food security 
        at the household level.
    (b) Members shall endeavour to support the efforts of 
governments in recipient countries to develop and implement 
food aid programmes in a manner consistent with this 
Convention.
    (c) Members should support and, where appropriate, 
contribute to strengthening the capacity and competence of 
recipient governments and the respective civil societies to 
develop and implement food security strategies to enhance the 
impact of food aid programmes.
    (d) When food aid is sold within a recipient country, the 
sale shall be carried out, as far as possible, through the 
private sector and be based on market analysis. In targeting 
proceeds from such sales, priority shall be given to projects 
aiming to improve the food security of beneficiaries.
    (e) Consideration should be given to reinforcing food aid 
by other means (financial aid, technical assistance etc.) in 
order to strengthen its capacity to enhance food security and 
to increase the capacity of governments and civil society to 
develop food security strategies at all levels.
    (f) Members shall endeavour to ensure coherence between 
food aid policies and policies in other sectors such as 
development, agriculture and trade.
    (g) Members agree to consult to the extent possible with 
all partners concerned at the level of each recipient country 
to ensure monitoring of the co-ordination of food aid 
programmes and operations.
    (h) Members shall endeavour to carry out joint evaluations 
of their food aid programmes and operations. Such evaluation 
should be based on agreed international principles.
    (i) When carrying out evaluations of their food aid 
programmes and operations, members shall take into 
consideration the provisions of this Convention relating to the 
effectiveness and impact of those food aid programmes and 
operations.
    (j) Members are encouraged to assess the impact of their 
food aid programmes, channelled bilaterally or multilaterally 
or through non-governmental organisations, using appropriate 
indicators such as the nutritional status of the beneficiaries 
and other indicators related to world food security.

                              article xiv

                     Information and Co-ordination

    (a) Members shall provide regular and timely reports to the 
Committee on the amount, content, channelling, costs including 
transport and other operational costs, forms and terms of their 
contributions in accordance with the Rules of Procedure.
    (b) Members undertake to supply such statistical and other 
information that may be required for the operation of this 
Convention, in particular regarding their:
          (i) aid deliveries, including the purchase of 
        products made as the result of cash contributions, 
        local purchases or triangular operations, and those 
        channelled through international organisations;
          (ii) arrangements entered into for the future supply 
        of food aid;
          (iii) policies affecting the provision and 
        distribution of food aid. To the extent possible, these 
        reports shall be submitted in writing to the Executive 
        Director before each regular session of the Committee.
    (c) Members who make contributions in the form of 
multilateral cash contributions to international organisations 
shall report the fulfilment of their obligations in accordance 
with the Rules of Procedure.
    (d) Members shall exchange information on their food aid 
policies and programmes and the results of their evaluations of 
these policies and programmes, and shall endeavour to ensure 
the coherence of their food aid programmes with food security 
strategies at national, regional, local and household levels.
    (e) Members shall indicate to the Committee, in advance, 
the amount of their commitment which is not made in the form of 
grants and the terms of any such aid.

                        PART III--ADMINISTRATION

                               article xv

                           Food Aid Committee

    (a) The Food Aid Committee, established by the Food Aid 
Convention of the International Grains Arrangement, 1967, shall 
continue in being for the purpose of administering this 
Convention, with the powers and functions provided in this 
Convention.
    (b) The membership of the Committee shall consist of all 
parties to this Convention.
    (c) Each member shall designate a representative resident 
at the seat of the Committee to whom the Secretariat's notices 
and other communications related to the work of the Committee 
shall normally be addressed. Other arrangements may be adopted 
by any member in agreement with the Executive Director.

                              article xvi

                          Powers and Functions

    (a) The Committee shall take such decisions and perform 
such functions as are required to carry out the provisions of 
this Convention. It shall establish such Rules of Procedure as 
are necessary for this purpose.
    (b) The decisions of the Committee shall be reached by 
consensus.
    (c) The Committee shall keep the requirements for food aid 
in developing countries and the ability of members to respond 
to those requirements under review.
    (d) The Committee shall keep under review the progress made 
in attaining the objectives set out in Article I of this 
Convention, and the fulfilment of the provisions of this 
Convention.
    (e) The Committee may receive information from recipient 
countries and consult with them.

                              article xvii

                       Chairman and Vice-Chairman

    (a) At the last statutory session held in each year, the 
Committee shall appoint a Chairman and a Vice-Chairman for the 
following year.
    (b) The duties of the Chairman shall be:
          (i) to approve the draft agenda for each session;
          (ii) to preside at sessions;
          (iii) to declare the opening and closing of each 
        meeting and of each session;
          (iv) to submit the draft agenda to the Committee for 
        adoption at the beginning of each session;
          (v) to direct the discussions and to ensure 
        observance of the Rules of Procedure;
          (vi) to accord the right to speak and to decide all 
        questions of order in accordance with the relevant 
        Rules of Procedure;
          (vii) to put questions and announce decisions; and,
          (viii) to rule on points of order that delegates may 
        raise.
    (c) If the Chairman is absent from a session or any part 
thereof, or is temporarily unable to fill the office of 
Chairman, the Vice-Chairman shall act as Chairman. In the 
absence of the Chairman and the Vice-Chairman, the Committee 
shall appoint a temporary Chairman.
    (d) If, for any reason, the Chairman is unable to continue 
to fill the office of Chairman, the Vice-Chairman shall act as 
Chairman pending the appointment of a new Chairman by the 
Committee.
    (e) The Vice-Chairman, when acting as Chairman, or the 
temporary Chairman, shall have the same powers and duties as 
the Chairman.

                             article xviii

                                Sessions

    (a) The Committee shall meet at least twice a year in 
conjunction with the statutory sessions of the International 
Grains Council. The Committee shall meet also at such other 
times either as the Chairman shall decide, at the request of 
three members, or as otherwise required by this Convention.
    (b) The presence of delegates representing two thirds of 
the membership of the Committee shall be necessary to 
constitute a quorum at any session of the Committee.
    (c) The Committee may, when appropriate, invite any non-
member government and representatives from other international 
inter-governmental organisations to attend its open meetings as 
observers.
    (d) The seat of the Committee shall be in London.

                              article xix

                              Secretariat

    (a) The Committee shall use the services of the Secretariat 
of the International Grains Council for the performance of such 
administrative duties as the Committee may request, including 
the processing and distribution of documentation and reports.
    (b) The Executive Director shall carry out the directions 
of the Committee and shall perform such duties as are laid down 
in the Convention and the Rules of Procedure.

                               article xx

                         Defaults and Disputes

    (a) In the case of a dispute concerning the interpretation 
or application of this Convention, or of a default in 
obligations under this Convention, the Committee shall meet and 
take appropriate action.
    (b) Members shall take account of the recommendations and 
conclusions reached by consensus by the Committee in cases of 
disagreement as to the application of the provisions of this 
Convention.

                       PART IV--FINAL PROVISIONS

                              article xxi

                               Depositary

    The Secretary-General of the United Nations is hereby 
designated as the depositary of this Convention.

                              article xxii

                       Signature and Ratification

    (a) This Convention shall be open for signature from 1 May 
1999 until and including 30 June 1999 by the Governments 
referred to in paragraph (e) of Article III.
    (b) This Convention shall be subject to ratification, 
acceptance or approval by each signatory Government in 
accordance with its constitutional procedures. Instruments of 
ratification, acceptance or approval shall be deposited with 
the depositary not later than 30 June 1999, except that the 
Committee may grant one or more extensions of time to any 
signatory Government that has not deposited its instrument of 
ratification, acceptance or approval by that date.
    (c) Any signatory Government may deposit with the 
depositary a declaration of provisional application of this 
Convention. Any such Government shall provisionally apply this 
Convention in accordance with its laws and regulations and be 
provisionally regarded as a party thereto.
    (d) The depositary shall notify all signatory and acceding 
Governments of each signature, ratification, acceptance, 
approval, provisional application of, and accession to, this 
Convention.

                             article xxiii

                               Accession

    (a) This Convention shall be open for accession by any 
Government referred to in paragraph (e) of Article III that has 
not signed this Convention. Instruments of accession shall be 
deposited with the depositary not later than 30 June 1999, 
except that the Committee may grant one or more extensions of 
time to any Government that has not deposited its instrument of 
accession by that date.
    (b) Once this Convention has entered into force in 
accordance with Article XXIV, it shall be open for accession by 
any Government other than those referred to in paragraph (e) of 
Article III, upon such conditions as the Committee considers 
appropriate. Instruments of accession shall be deposited with 
the depositary.
    (c) Any Government acceding to this Convention under 
paragraph (a) of this Article, or whose accession has been 
agreed by the Committee under paragraph (b) of this Article, 
may deposit with the depositary a declaration of provisional 
application of this Convention pending the deposit of its 
instrument of accession. Any such Government shall 
provisionally apply this Convention in accordance with its laws 
and regulations and be provisionally regarded as a party 
thereto.

                              article xxiv

                            Entry into force

    (a) This Convention shall enter into force on 1 July 1999 
if by 30 June 1999 the Governments, whose combined commitments, 
as listed in paragraph (e) of Article III, equal at least 75% 
of the total commitments of all governments listed in that 
paragraph, have deposited instruments of ratification, 
acceptance, approval or accession, or declarations of 
provisional application, and provided that the Grains Trade 
Convention, 1995 is in force.
    (b) If this Convention does not enter into force in 
accordance with paragraph (a) of this Article, the Governments 
which have deposited instruments of ratification, acceptance, 
approval or accession, or declarations of provisional 
application, may decide by unanimous consent that it shall 
enter into force among themselves provided that the Grains 
Trade Convention, 1995 is in force.

                              article xxv

                        Duration and Withdrawal

    (a) This Convention shall remain in force until and 
including 30 June 2002, unless extended under paragraph (b) of 
this Article or terminated earlier under paragraph (f) of this 
Article, provided that the Grains Trade Convention, 1995, or a 
new Grains Trade Convention replacing it, remains in force 
until and including that date.
    (b) The Committee may extend this Convention beyond 30 June 
2002 for successive periods not exceeding two years on each 
occasion, provided that the Grains Trade Convention, 1995, or a 
new Grains Trade Convention replacing it, remains in force 
during the period of the extension.
    (c) If this Convention is extended under paragraph (b) of 
this Article, the commitments of members under paragraph (e) of 
Article III may be subject to review by members before the 
entry into force of each extension. Their respective 
commitments, as reviewed, shall remain unchanged for the 
duration of each extension.
    (d) The operation of this Convention shall be kept under 
review, in particular with reference to the results of any 
multilateral negotiations bearing on the provision of food aid, 
including especially on concessional credit terms, and the need 
to apply the results thereof.
    (e) The situation with respect to all food aid operations 
and, in particular, those under concessional credit terms, 
shall be reviewed before deciding on any extension of this 
Convention or any new convention.
    (f) In the event of this Convention being terminated, the 
Committee shall continue in being for such time as may be 
required to carry out its liquidation, and shall have such 
powers, and exercise such functions, as may be necessary for 
that purpose.
    (g) Any member may withdraw from this Convention at the end 
of any year by giving written notice of withdrawal to the 
depositary at least ninety days prior to the end of that year. 
That member shall not thereby be released from any obligations 
incurred under this Convention which have not been discharged 
by the end of that year. The member shall simultaneously inform 
the Committee of the action it has taken.
    (h) Any member which withdraws from this Convention may 
thereafter rejoin by giving written notice to the Committee and 
to the depositary. It shall be a condition of rejoining the 
Convention that the member shall be responsible for fulfilling 
its commitment with effect from the year in which it rejoins.

                              article xxvi

                     International Grains Agreement

    This Convention shall replace the Food Aid Convention, 
1995, as extended, and shall be one of the constituent 
instruments of the International Grains Agreement, 1995.

                             article xxvii

                            Authentic texts

    The texts of this Convention in the English, French, 
Russian and Spanish languages shall all be equally authentic.

                                ANNEX A

                 TRANSPORT AND OTHER OPERATIONAL COSTS

    The following transport and other operational costs 
associated with food aid contributions are included under 
Articles II (a)(vii), III, X and XIV of this Convention:
    (a) Transport Costs
          freight, including loading and discharge
          demurrage and dispatch
          trans-shipment
          bagging
          insurance and superintendance
          port charges and storage fees in port
          temporary warehouse facilities and fees in port and 
        on-route
          in-country transport, vehicle hire, tolls and escort, 
        convoy and border fees
          equipment hire
          aircraft, airlifts
    (b) Other Operational Costs
          non-food items (NFIs) utilised by beneficiaries 
        (tools, utensils, agricultural inputs)
          NFIs provided to implementing partners (vehicles, 
        storage facilities)
          costs of counterpart training
          implementing partners' operational costs, not 
        otherwise covered as transport costs
          milling and other special costs
          in-country NGO costs
          technical support services and logistics management
          project preparation, appraisal, monitoring and 
        evaluation
          beneficiary registration
          in-country technical services

                                ANNEX B

                          ELIGIBLE RECIPIENTS

    Eligible food aid recipients under Article VII of this 
Convention refer to Developing Countries and Territories listed 
as aid recipients by the Development Assistance Committee (DAC) 
of the OECD, effective as of 1 January 1997, and to countries 
included in the WTO list of Net Food-Importing Developing 
Countries, effective as of 1 March 1999.
    (a) Least-Developed Countries.--Afghanistan, Angola, 
Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, 
Cape Verde, Central African Republic, Chad, Comoros, Congo Dem. 
Rep., Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, 
Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, 
Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, 
Myanmar, Nepal, Niger, Rwanda, Sao Tome and Principe, Sierra 
Leone, Solomon Islands, Somalia, Sudan, Tanzania, Togo, Tuvalu, 
Uganda, Vanuatu, Western Samoa, Yemen, Zambia.
    (b) Low-Income Countries.--Albania, Armenia, Azerbaijan, 
Bosnia and Herzegovina, Cameroon, China, Congo Rep, Cote 
d'Ivoire, Georgia, Ghana, Guyana, Honduras, India, Kenya, 
Kyrgyz Rep, Mongolia, Nicaragua, Nigeria, Pakistan, Senegal, 
Sri Lanka, Tajikistan, Viet Nam and Zimbabwe.
    (c) Lower Middle-Income Countries.--Algeria, Belize, 
Bolivia, Botswana, Colombia, Costa Rica, Cuba, Dominica, 
Dominican Republic, Ecuador, Egypt, El Salvador, Fiji, Grenada, 
Guatemala, Indonesia, Iran, Iraq, Jamaica, Jordan, Kazakhstan, 
Korea (Democratic Republic of), Lebanon, Macedonia (former 
Yugoslav Republic), Marshall Islands, Micronesia Federated 
States, Moldova, Morocco, Namibia, Niue, Palau Islands, 
Palestinian Administered Areas, Panama, Papua New Guinea, 
Paraguay, Peru, Philippines, St Vincent & Grenadines, Suriname, 
Swaziland, Syria, Thailand, Timor, Tokelau, Tonga, Tunisia, 
Turkey, Turkmenistan, Uzbekistan, Venezuela, Wallis and Futuna, 
and Yugoslavia Federal Republic.
    (d) WTO Net Food-Importing Developing Countries (not 
included above).--Barbados, Mauritius, St Lucia, Trinidad & 
Tobago.

Secretariat's note
    In accordance with Article VII (c) of the FAC, 1999, 
changes made by the Development Assistance Committee (DAC) of 
OECD in its lists of aid recipients are to be reflected in the 
lists of eligible FAC recipients. The table in Annex B above 
applied in respect of aid provided in 1999/2000 only. Current 
lists of eligible recipients may be obtained from the IGC 
Secretariat.
=======================================================================


                           C. THE PEACE CORPS

           (See Volume I-B for All Material on This Subject)

=======================================================================

      
=======================================================================


                         D. DEPARTMENT OF STATE

                                CONTENTS

                                                                   Page

 1. State Department Procedures on Treaties and Other 
    International Agreements (partial text of circular 175)......    69
 2. Vienna Convention on Diplomatic Relations....................    95
 3. Vienna Convention on Consular Relations......................   112
 4. Organization and Administration..............................   143
       a. Interdepartmental Operations of the U.S. Government 
          Overseas...............................................   143
            (1) The National Security Council System 
                (Presidential Directive/NSPD-1, February 13, 
                2001)............................................   143
 5. Control of Persons Leaving or Entering the United States 
    (Presidential Proclamation 3004).............................   150
 6. Migration and Refugee Assistance.............................   153
       a. Protocol Relating to the Status of Refugees (with 
          reservation)...........................................   153
       b. Convention Relating to the Status of Refugees..........   158

=======================================================================

      
  1. State Department Procedures on Treaties and Other International 
  Agreements; Partial Text, Circular 175, 11 Foreign Affairs Manual, 
   Chapter 700, ``Treaties and Other International Agreements,'' as 
                                revised

            700--Treaties and Other International Agreements

                              711  purpose

    a. The purpose of this chapter is to facilitate the 
application of orderly and uniform measures and procedures for 
the negotiation, conclusion, publication, and registration of 
treaties and other international agreements of the United 
States. It is also designed to facilitate the maintenance of 
complete and accurate records on treaties and agreements and 
the publication of authoritative information regarding them.
    b. The chapter is not a catalog of all the essential 
guidelines or information pertaining to the making and 
application of international agreements. It is limited to 
guidelines or information necessary for general guidance.

                            712  authorities

    Legal authorities underlying the provisions of the 11 FAM 
700 include but are not limited to:
    (1) U.S. Constitution, Article II;
    (2) 1 U.S.C. 112a; 1 U.S.C. 112b;
    (3) Vienna Convention on the Law of Treaties;
    (4) 22 CFR Part 181; and
    (5) Delegation of Authority No. 205 (September 1, 1993).

              713  role of the office of the legal adviser

713.1  Legal Review of Draft Agreements

    As soon as tentative provisions for an agreement are 
considered or drafted, the Office of the Legal Adviser will 
make available the services of an attorney-adviser to insure 
that the agreement is properly drafted and agreed policy is 
expressed clearly and fully. The Office of the Legal Adviser 
often prepares a draft in the first instance upon the request 
of another office.

713.2  Legal Clearance Required

    Any draft of a proposed treaty or agreement, or any action 
regarding the negotiation, conclusion, ratification or 
approval, or termination, as well as the existence, status, and 
application, of any international agreement to which the United 
States is or may become a party, should be cleared with the 
Office of the Legal Adviser (including the Assistant Legal 
Adviser for Treaty Affairs as appropriate) and with other 
appropriate bureaus or offices and, as appropriate, with any 
other agency concerned with the treaty or international 
agreement.

                            714  disclaimer

    This chapter is intended solely as a general outline of 
measures and procedures ordinarily followed. This outline 
cannot anticipate all circumstances or situations that may 
arise. Deviation or derogation from the provisions of this 
chapter will not invalidate actions taken by officers or affect 
the validity of negotiations engaged in or of treaties or other 
agreements concluded.

                    720  negotiation and conclusion

                      721  circular 175 procedure

    This subchapter is a codification of the substance of 
Department Circular No. 175, December 13, 1955, as amended, on 
the negotiation and conclusion of treaties and other 
international agreements. It may be referred to for convenience 
and continuity as the ``Circular 175 Procedure.'' The C-175 
procedure facilitates the application of orderly and uniform 
measures to the negotiation, conclusion, reporting, 
publication, and registration of U.S. treaties and 
international agreements, and facilitates the maintenance of 
complete and accurate records on such agreements.

                        722  general objectives

    The objectives are:
    (1) That the making of treaties and other international 
agreements for the United States is carried out within 
constitutional and other appropriate limits;
    (2) That particular treaties or international agreements 
are not in conflict with other international agreements or U.S. 
law;
    (3) That the objectives to be sought in the negotiation of 
particular treaties and other international agreements are 
approved by the Secretary or an officer specifically authorized 
by him for that purpose;
    (4) That timely and appropriate consultation is had with 
congressional leaders and committees on treaties and other 
international agreements;
    (5) That where, in the opinion of the Secretary of State or 
a designee, the circumstances permit, other agencies and the 
public be given an opportunity to comment on treaties and other 
international agreements;
    (6) That firm positions departing from authorized positions 
are not undertaken without the approval of the Legal Adviser 
(L) and interested assistant secretaries or their deputies;
    (7) That the final texts developed are approved by the 
Office of the Legal Adviser (L) and the interested assistant 
secretaries or their deputies and, when required, brought a 
reasonable time before signature to the attention of the 
Secretary or an officer specifically designated by the 
Secretary for that purpose;
    (8) That authorization to sign the final text is obtained 
and appropriate arrangements for signature are made; and
    (9) That there is compliance with the requirements of 1 
U.S.C. 112b, as amended, on the transmission of the texts of 
international agreements other than treaties to the Congress 
(see 11 FAM 726); the law on the publication of treaties and 
other international agreements (see 1 U.S.C. 112a and 11 FAM 
727); and treaty provisions on registration (see 11 FAM 753.3).

           723  exercise of the international agreement power

723.1  Determination of Type of Agreement

    The following considerations will be taken into account 
along with other relevant factors in determining whether an 
international agreement shall be dealt with by the United 
States as a treaty to be brought into force with the advice and 
consent of the Senate or as an agreement to be brought into 
force on some other constitutional basis.

723.2  Constitutional Requirements

    There are two procedures under the Constitution through 
which the United States becomes a party to international 
agreements. Those procedures and the constitutional parameters 
of each are found below.

723.2-1  Treaties

    International agreements (regardless of their title, 
designation, or form) whose entry into force with respect to 
the United States takes place only after the Senate has given 
its advice and consent are ``treaties.'' The President, with 
the advice and consent of two-thirds of the Senators present, 
may enter into an international agreement on any subject 
genuinely of concern in foreign relations, so long as the 
agreement does not contravene the United States Constitution;

723.2-2  International Agreements Other Than Treaties

    International agreements brought into force with respect to 
the United States on a constitutional basis other than with the 
advice and consent of the Senate are ``international agreements 
other than treaties.'' (The term ``sole executive agreement'' 
is appropriately reserved for agreements made solely on the 
basis of the constitutional authority of the President.) There 
are three constitutional bases for international agreements 
other than treaties as set forth below. An international 
agreement may be concluded pursuant to one or more of these 
constitutional bases:
          (1) Treaty;
          (2) Legislation;
          (3) Constitutional authority of the President.

723.2-2(A)  Agreements Pursuant to Treaty

    The President may conclude an international agreement 
pursuant to a treaty brought into force with the advice and 
consent of the Senate, the provisions of which constitute 
authorization for the agreement by the Executive without 
subsequent action by the Congress.

723.2-2(B)  Agreements Pursuant to Legislation

    The President may conclude an international agreement on 
the basis of existing legislation or subject to legislation to 
be adopted by the Congress, or upon the failure of Congress to 
adopt a disapproving joint or concurrent resolution within 
designated time periods.

723.2-2(C)  Agreements Pursuant to the Constitutional Authority of the 
        President

    The President may conclude an international agreement on 
any subject within his constitutional authority so long as the 
agreement is not inconsistent with legislation enacted by the 
Congress in the exercise of its constitutional authority. The 
constitutional sources of authority for the President to 
conclude international agreements include:
          (1) The President's authority as Chief Executive to 
        represent the nation in foreign affairs;
          (2) The President's authority to receive ambassadors 
        and other public ministers, and to recognize foreign 
        governments;
          (3) The President's authority as ``Commander-in-
        Chief''; and
          (4) The President's authority to ``take care that the 
        laws be faithfully executed.''

723.3  Considerations for Selecting Among Constitutionally Authorized 
        Procedures

    In determining a question as to the procedure which should 
be followed for any particular international agreement, due 
consideration is given to the following factors along with 
those in 11 FAM 723.2:
          (1) The extent to which the agreement involves 
        commitments or risks affecting the nation as a whole;
          (2) Whether the agreement is intended to affect state 
        laws;
          (3) Whether the agreement can be given effect without 
        the enactment of subsequent legislation by the 
        Congress;
          (4) Past U.S. practice as to similar agreements;
          (5) The preference of the Congress as to a particular 
        type of agreement;
          (6) The degree of formality desired for an agreement;
          (7) The proposed duration of the agreement, the need 
        for prompt conclusion of an agreement, and the 
        desirability of concluding a routine or short-term 
        agreement; and
          (8) The general international practice as to similar 
        agreements.
    In determining whether any international agreement should 
be brought into force as a treaty or as an international 
agreement other than a treaty, the utmost care is to be 
exercised to avoid any invasion or compromise of the 
constitutional powers of the President, the Senate, and the 
Congress as a whole.

723.4  Questions as to Type of Agreement To Be Used; Consultation With 
        Congress

    a. All legal memoranda accompanying Circular 175 requests 
(see 11 FAM 724.3, paragraph h) will discuss thoroughly the 
legal authorities underlying the type of agreement recommended.
    b. When there is any question whether an international 
agreement should be concluded as a treaty or as an 
international agreement other than a treaty, the matter is 
brought to the attention, in the first instance, of the Legal 
Adviser for Treaty Affairs. If the Assistant Legal Adviser for 
Treaty Affairs considers the question to be a serious one that 
may warrant formal congressional consultation, s/he or an 
appropriate representative of the Office of the Legal Adviser 
(L) will consult with the Assistant Secretary for Legislative 
Affairs (H) (or designee) and other affected bureaus. Upon 
receiving their views on the subject, the Legal Adviser will, 
if the matter has not been resolved, transmit a memorandum 
thereon to the Secretary (or designee) for a decision. Every 
practicable effort will be made to identify such questions at 
the earliest possible date so that consultations may be 
completed in sufficient time to avoid last-minute 
consideration.
    c. Consultations on such questions will be held with 
congressional leaders and committees as may be appropriate. 
Arrangements for such consultations shall be made by the 
Assistant Secretary for Legislative Affairs and shall be held 
with the assistance of the Office of the Legal Adviser (L) and 
such other offices as may be determined. Nothing in this 
section shall be taken as derogating from the requirement of 
appropriate consultations with the Congress in accordance with 
11 FAM 725.1, subparagraph (5), in connection with the 
initiation of, and developments during negotiations for 
international agreements, particularly where the agreements are 
of special interest to the Congress.

  724  action required in negotiation, conclusion, and termination of 
                 treaties and international agreements

724.1  Authorization Required to Undertake Negotiations

    Negotiations of treaties, or other ``significant'' 
international agreements, or for their extension or revision, 
are not to be undertaken, nor any exploratory discussions 
undertaken with representatives of another government or 
international organization, until authorized in writing by the 
Secretary or an officer specifically authorized by the 
Secretary for that purpose.

724.2  Scope of Authorization

    Approval of a request for authorization to negotiate a 
treaty or other international agreement does not constitute 
advance approval of the text nor authorization to agree upon a 
date for signature or to sign the treaty or agreement. 
Authorization to agree upon a given date for, and to proceed 
with, signature must be specifically requested in writing, as 
provided in 11 FAM 724.3. This applies to treaties and other 
agreements to be signed abroad as well as those to be signed at 
Washington. Special instructions may be required, because of 
the special circumstances involved, for multilateral 
conventions or agreements to be signed at international 
conferences.

724.3  Request for Authorization to Negotiate and/or Sign Action 
        Memorandum

    a. A request for authorization to negotiate and/or conclude 
a treaty or other international agreement takes the form of an 
action memorandum addressed to the Secretary or other principal 
to whom such authority has been delegated, as appropriate, and 
cleared with the Office of the Legal Adviser (L) (including the 
Assistant Legal Adviser for Treaty Affairs), the Office of the 
Assistant Secretary for Legislative Affairs, other appropriate 
bureaus, and any other agency (such as Defense, Commerce, etc.) 
which has primary responsibility or a substantial interest in 
the subject matter.
    b. The action memorandum may request one of the following:
          (1) Authority to negotiate;
          (2) Authority to conclude; or
          (3) Authority to negotiate and conclude.
The request in each instance states that any substantive 
changes in the draft text will be cleared with the Office of 
the Legal Adviser and other specified regional and/or 
functional bureaus before definitive agreement is reached. 
Drafting offices should consult closely with the Office of the 
Legal Adviser (L) to ensure that all legal requirements are 
met.
    c. The action memorandum indicates what arrangements have 
been made and/or are planned as to: (1) congressional 
consultation and (2) opportunity for public comment on the 
treaty or agreement being negotiated, signed, or acceded to.
    d. The action memorandum shall indicate whether a proposed 
treaty or agreement embodies a commitment to furnish funds, 
goods, or services beyond or in addition to those authorized in 
an approved budget; and if so, what arrangements are being 
planned or carried out concerning consultation with the Office 
of Management and Budget (OMB) for such commitment. The 
Department will not authorize such commitments without 
confirmation that the relevant budget approved by the President 
requests or provides funds adequate to fulfill the proposed 
commitment or that the President has made a determination to 
seek the required funds.
    e. The action memorandum shall indicate whether a proposed 
treaty or agreement embodies a commitment that could reasonably 
be expected to require (for its implementation) the issuance of 
a ``significant regulatory action'' (as defined in section 3 of 
Executive Order 12866); and if so, what arrangements are being 
planned or carried out concerning timely consultation with OMB. 
The Department will not authorize such commitments without 
confirmation that OMB has been consulted in a timely manner 
concerning the proposed commitment.
    f. Where it appears that there may be issues regarding the 
public disclosure of the text of an agreement upon its 
signature or entry into force, the action memorandum shall 
include an explanation thereof (see 11 FAM 725.2 and 11 FAM 
725.3).
    g. An action memorandum dealing with an agreement that has 
a potential for adverse environmental impact should contain a 
statement indicating whether the agreement will significantly 
affect the quality of the human environment.
    h. The action memorandum is accompanied by:
          (1) The U.S. draft, if available, of any agreement or 
        other instrument intended to be negotiated; or
          (2) The text of any agreement and related exchange of 
        notes, agreed minutes, or other document to be signed 
        (with appropriate clearances, including that of the 
        Assistant Legal Adviser for Treaty Affairs); and
          (3) A memorandum of law prepared in the Office of the 
        Legal Adviser.
    i. These provisions shall apply whether a proposed 
international agreement is to be concluded in the name of the 
U.S. Government or in the name of a particular agency of the 
U.S. Government. However, in the latter case, the action 
memorandum may be addressed to the interested Assistant 
Secretary or Secretaries of State, or their designees in 
writing, unless such official(s) judge that consultation with 
the Secretary, Deputy Secretary or an Under Secretary is 
necessary. (See 22 CFR 181.4.)

724.4  Separate Authorizations

    When authorization is sought for a particular treaty or 
other agreement, either multilateral or bilateral, the action 
memorandum for this purpose outlines briefly and clearly the 
principal features of the proposed treaty or other agreements, 
indicates any special problems which may be encountered, and, 
if possible, the contemplated solutions of those problems.

724.5  Blanket Authorizations

    a. In general, blanket authorizations are appropriate only 
in those instances where, in carrying out or giving effect to 
provisions of law or policy decisions, a series of agreements 
of the same general type is contemplated; that is, a number of 
agreements to be negotiated according to a more or less 
standard formula (for example, Public Law 480 Agricultural 
Commodities Agreements; Educational Exchange Agreements; 
Investment Guaranty Agreements; Weather Station Agreements) or 
a number of treaties to be negotiated according to a more or 
less standard formula (for example, consular conventions, 
extradition treaties, etc.). Each request for blanket 
authorization shall specify the office or officers to whom the 
authority is to be delegated.
    b. The basic precepts under 11 FAM 724.3 and 11 FAM 724.4 
apply equally to requests for blanket authorizations. The 
specific terms of any blanket authorization, i.e., that the 
text of any particular agreement shall be cleared by the Office 
of the Legal Adviser (L) and other interested bureaus before 
signature, shall be observed in all cases.

724.6  Certificate on Foreign Language Text

    a. Before any treaty or other agreement containing a 
foreign language text is laid before the Secretary (or any 
person authorized by the Secretary) for signature, either in 
the Department or at a post, a signed memorandum must be 
obtained from a responsible language officer of the Department 
certifying that the foreign language text and the English 
language text are in conformity with each other and that both 
texts have the same meaning in all substantive respects. A 
similar certification must be obtained for exchanges of notes 
that set forth the terms of an agreement in two languages.
    b. In the case of treaties or international agreements that 
expressly provide that the English language text prevails in 
the case of a divergence between the language texts, the 
certification described in paragraph a of this section may not 
be required.
    c. In exceptional circumstances the Department can 
authorize the certification to be made at a post.

724.7  Transmission of Texts to the Secretary

    The texts of treaties and other international agreements 
must be completed and approved in writing by all responsible 
officers concerned sufficiently in advance to give the 
Secretary, or the person to whom authority to approve the text 
has been delegated, adequate time before the date of signing to 
examine the text and dispose of any questions that arise. Posts 
must transmit the texts to the Department as expeditiously as 
feasible to assure adequate time for such consideration. Except 
as otherwise specifically authorized by the Secretary, a 
complete text of a treaty or other international agreement must 
be delivered to the Secretary or other person authorized to 
approve the text, before any such text is agreed upon as final 
or any date is agreed upon for its signature.

724.8  Authorization to Terminate Treaties or International Agreements

    Terminations of treaties or other international agreements 
are not to be undertaken, nor any exploratory discussions 
undertaken with representatives of another government or 
international organization, until authorized by the Secretary 
or an officer specifically authorized by the Secretary for that 
purpose. A Circular 175 memorandum (as well as accompanying 
documents) should be prepared that takes into account the views 
of the relevant government agencies and interested bureaus 
within the Department (including the Office of the Legal 
Adviser (L) and the Bureau of Legislative Affairs).

    725  responsibility of office or officer conducting negotiations

725.1  Conduct of Negotiations

    The office or officer responsible for any negotiations 
keeps in mind that:
          (1) During the negotiations no position is 
        communicated to a foreign government or to an 
        international organization as a U.S. position that goes 
        beyond any existing authorization or instructions;
          (2) No proposal is made or position is agreed to 
        beyond the original authorization without appropriate 
        clearance (see 11 FAM 722.3, paragraph a);
          (3) All significant policy-determining memoranda and 
        instructions to the field on the subject of the 
        negotiations have appropriate clearance (see 11 FAM 
        724.3, paragraph a);
          (4) The Secretary or other principal, as appropriate, 
        is kept informed in writing of important policy 
        decisions and developments, including any particularly 
        significant departures from substantially standard 
        drafts that have evolved;
          (5) With the advice and assistance of the Assistant 
        Secretary for Legislative Affairs, the appropriate 
        congressional leaders and committees are advised of the 
        intention to negotiate significant new international 
        agreements, consulted concerning such agreements, and 
        kept informed of developments affecting them, including 
        especially whether any legislation is considered 
        necessary or desirable for the implementation of the 
        new treaty or agreement. Where the proposal for any 
        especially important treaty or other international 
        agreement is contemplated, the Office of the Assistant 
        Secretary for Legislative Affairs will be informed as 
        early as possible by the office responsible for the 
        subjects;
          (6) The interest of the public be taken into account 
        and, where in the opinion of the Secretary of State or 
        his or her designee the circumstances permit, the 
        public be given an opportunity to comment;
          (7) In no case, after accord has been reached on the 
        substance and wording of the texts to be signed, do the 
        negotiators sign an agreement or exchange notes 
        constituting an agreement until a request under 11 FAM 
        724.3 for authorization to conclude has been approved 
        and, if at a post abroad, until instructed by the 
        Department to do so as stated in 11 FAM 731.3. If an 
        agreement is to be signed in two languages, each 
        language text must be cleared in full with the Language 
        Services Division or, if at a post abroad, with the 
        Department before signature, as stated in 11 FAM 724.6;
          (8) Due consideration is given also to the provisions 
        of 11 FAM 725.2 through 11 FAM 725.9, 11 FAM 731.3, and 
        11 FAM 732 of this chapter; and
          (9) In any case where any other department or agency 
        is to play a primary or significant role or has a major 
        interest in negotiation of an international agreement, 
        the appropriate official or officials in such 
        department or agency are informed of the provisions of 
        this subchapter.

725.2  Publication and Registration

    The objective of avoiding any commitment incompatible with 
the law requiring publication (1 U.S.C. 112a) and with the 
treaty provisions requiring registration (see 11 FAM 753.3) 
should be borne in mind by U.S. negotiators. Although 
negotiations may be conducted and draft texts may be exchanged 
on a confidential basis, efforts must be made to assure that 
any definitive agreement or commitment entered into will be 
devoid of any aspect which would prevent the publication and 
registration of the agreement. Classified agreements are not 
published.

725.3  Public Release of International Agreements

    a. The Office of the Assistant Legal Adviser for Treaty 
Affairs (L/T) receives numerous inquiries for copies of 
unclassified U.S. treaties and international agreements. 
Unclassified international agreements that have entered into 
force generally will be released upon request. These agreements 
are reported to Congress under the Case Act and, unless 
classified, generally are published by the Office of the 
Assistant Legal Adviser for Treaty Affairs.
    b. Unclassified international agreements that enter into 
force upon signature generally will be released once there is a 
signed agreement.
    c. A more detailed analysis will be required for those 
unclassified international agreements that do not enter into 
force upon signature:
          (1) Many international agreements do not enter into 
        force upon signature, but still require some sort of 
        Presidential (or Executive) action prior to being 
        brought into force (``PA Agreements''). Some agreements 
        require further action by the Executive on the 
        international plane, such as an exchange of notes 
        between the parties confirming completion of their 
        respective domestic procedures or the deposit of an 
        instrument of ratification or acceptance, before the 
        agreements enter into force. Other agreements require 
        that the President also take certain domestic actions 
        after signature and before the agreement enters into 
        force. For example, the President may need to seek the 
        advice and consent of the Senate to ratify a treaty. 
        For other types of agreements, the President may need 
        to transmit an agreement to Congress for a mandatory 
        review period;
          (2) With respect to signed PA Agreements that (a) 
        have not been submitted to Congress, (b) are not 
        publicly available from other sources, and (c) require 
        Presidential or Executive action before they enter into 
        force, the Office of the Assistant Legal Adviser for 
        Treaty Affairs will consult with relevant offices 
        within the Department, other agencies, the White House, 
        and possibly the foreign government to identify 
        potential sensitivities about public release of these 
        agreements. When sensitivities are identified, the 
        office will work with other relevant offices to 
        determine whether such agreements properly should be 
        classified or otherwise withheld under any applicable 
        exemption under the Freedom of Information Act, perhaps 
        on a temporary basis until they enter into force. Where 
        no sensitivities or issues are identified, the office 
        will release a copy of the agreement.
    d. Classified international agreements are not subject to 
public release.

725.4  Public Statements

    No public statement is to be made indicating that agreement 
on a text has been reached, or that negotiations have been 
successfully completed, before authorization is granted to sign 
the treaty or other agreement. If such authorization has been 
granted subject to a condition that no substantive change in 
the proposed text is made without appropriate clearance (see 11 
FAM 724.3, paragraph a), no such public statement is to be made 
until definitive agreement on the text has been reached and 
such clearance has been received. Normally, such a public 
statement is made only at the time a treaty or other agreement 
is actually signed, inasmuch as it remains possible that last-
minute changes will be made in the text. Any such statement 
prior to that time must have the appropriate clearance, and the 
approval of the Secretary or the Department principal who 
originally approved the action memorandum request under 
``Circular 175 Procedure.''

725.5  English-Language Text

    Negotiators will assure that every bilateral treaty or 
other international agreement to be signed for the United 
States contains an English-language text. If the language of 
the other country concerned is one other than English, the text 
is done in English and, if desired by the other country, in the 
language of that country. A U.S. note that constitutes part of 
an international agreement effected by exchange of notes is 
always in the English language. If it quotes a foreign 
government note, the quotation is to be rendered in English 
translation. A U.S. note is not in any language in addition to 
English, unless specifically authorized (with the clearance of 
the Assistant Legal Adviser for Treaty Affairs). The note of 
the other government concerned may be in whatever language that 
government desires.

725.6  Electronic Reporting of Signature of Treaty or Exchange of Notes

    The officer responsible for the signature of a treaty or 
other international agreement or for the exchange of notes 
constituting an international agreement shall as soon as 
possible, in any event within twenty-four hours of the 
signature or exchange, report electronically to the address 
that follows: the title of the signed treaty or other 
international agreement or the subject matter and names of the 
parties to the exchange of notes, as well as the date and place 
where the signature or exchange took place. The reporting 
address is treatyoffice@state.gov.

725.7  Transmission of Signed Texts to Assistant Legal Adviser for 
        Treaty Affairs

    a. The officer responsible for the negotiation of a treaty 
or other agreement at any post must transmit, as expeditiously 
as possible, the signed original text, together with all 
accompanying papers such as agreed minutes, exchanges of notes, 
plans, etc. (indicating full names of persons who signed), to 
the Assistant Legal Adviser for Treaty Affairs. Where originals 
are not available, the officer must obtain accurate certified 
copies and transmit them as in the case of the original. (See 
11 FAM 725.8, 11 FAM 725.9, and 11 FAM 725.10.)
    b. Any officer in the Department having possession of or 
receiving from any source a signed original or certified copy 
of a treaty or agreement or of a note or other document 
constituting a part of a treaty or agreement must forward such 
documents immediately to the Assistant Legal Adviser for Treaty 
Affairs.

725.8  Transmission of Certified Copies to the Department

    a. When an exchange of diplomatic notes between the mission 
and a foreign government constitutes an agreement or has the 
effect of extending, modifying, or terminating an agreement to 
which the United States is a party, a properly certified copy 
of the note from the mission to the foreign government, and the 
signed original of the note from the foreign government are 
sent, as soon as practicable (indicating full names of persons 
who signed) [remove italics] to the Department for attention of 
the Assistant Legal Adviser for Treaty Affairs. Likewise, if, 
in addition to the treaty or other international agreement 
signed, notes related thereto are exchanged (either at the same 
time, beforehand, or thereafter), particularly bringing an 
agreement into force, a properly certified copy (copies) of the 
note(s) from the mission to the foreign government is 
transmitted with the signed original(s) of the note(s) from the 
foreign government.
    b. In each instance, the mission retains for its files 
certified copies of the note exchanged. The U.S. note is 
prepared in accordance with the rules prescribed in 5 FAH-1, 
Correspondence Handbook. The note of the foreign government is 
prepared in accordance with the style of the foreign ministry 
and usually in the language of that country. Whenever 
practicable, arrangements are made for the notes to bear the 
same date.

725.9  Certification of Copies

    If a copy of a note is a part of an international 
agreement, such copy is certified by a duly commissioned and 
qualified Foreign Service officer either (a) by a certification 
on the document itself, or (b) by a separate certification 
attached to the document. A certification on the document 
itself is placed at the end of the document. It indicates, 
either typed or rubber stamped, that the document is a true 
copy of the original signed (or initialed) by (INSERT FULL NAME 
OF OFFICER WHO SIGNED DOCUMENT), and it is signed by the 
certifying officer. If a certification is typed on a separate 
sheet of paper, it briefly describes the document certified and 
states that it is a true copy of the original signed (or 
initialed) by (FULL NAME), and it is signed and dated by the 
certifying officer. The certification may be stapled to the 
copy of the note.

725.10  Preparation of Copies for Certification

    For purposes of accuracy of the Department's records and 
publication and registration, a certified copy must be an exact 
copy of the signed original. It must be communicated in a form 
that renders information accessible so as to be usable for 
subsequent reference, either as a PDF file e-mailed to 
treatyoffice@state.gov or as a facsimile reproduction on white 
durable paper and must be clearly legible. In the case of 
notes, the copy shows the letterhead, the date and, if signed, 
an indication of the signature or, if merely initialed, the 
initials which appear on the original. It is suggested that, in 
the case of a note from the mission to the foreign government, 
the copy for certification and transmission to the Department 
be made at the same time the original is prepared. If the copy 
is made at the same time, the certificate prescribed in 11 FAM 
725.9 may state that the document is a true and correct copy of 
the signed original. If it is not possible to make a copy at 
the same time the original is prepared, the certificate 
indicates that the document is a true and correct copy of the 
copy on file in the mission. The word ``(Copy)'' is not placed 
on the document which is being certified; the word ``(Signed)'' 
is not placed before the indication of signatures.

 726  transmission of international agreements other than treaties to 
            congress: compliance with the case-zablocki act

    All officers will be especially diligent in cooperating to 
assure compliance with Public Law 92-403 ``An Act to require 
that international agreements other than treaties, hereafter 
entered into by the United States, be transmitted to the 
Congress within sixty days after the execution thereof.'' That 
act, popularly known as the Case-Zablocki Act, approved August 
22, 1972 (86 Stat. 619; 1 U.S.C. 112b, as amended), provides in 
relevant part:
    The Secretary of State shall transmit to the Congress the 
text of any international agreement The Secretary of State 
shall transmit to the Congress the text of any international 
agreement (including the text of any oral international 
agreement, which agreement shall be reduced to writing) other 
than a treaty to which the United States is a party as soon as 
practicable after such agreement has entered into force with 
respect to the United States but in no event later than sixty 
days thereafter. However, any such agreement the immediate 
public disclosure of which would in the opinion of the 
President, be prejudicial to the national security of the 
United States shall not be so transmitted to the Congress but 
shall be transmitted to the Committee on Foreign Relations of 
the Senate and the Committee on International Relations of the 
House of Representatives under an appropriate injunction of 
secrecy to be removed only upon due notice from the President. 
Any department or agency of the United States government which 
enters into any international agreement on behalf of the United 
States shall transmit to the Department of State the text of 
such agreement not later than twenty days after such agreement 
has been signed.

   727  publication and internet availability of treaties and other 
             international agreements of the united states

    The attention of all officers is directed to the 
requirements of the Act of September 23, 1950 (64 Stat. 979; 1 
U.S.C. 112a), which provides in relevant part:
          (a) The Secretary of State shall cause to be 
        compiled, edited, indexed, and published, beginning as 
        of January 1, 1950, a compilation entitled ``United 
        States Treaties and Other International Agreements,'' 
        which shall contain all treaties to which the United 
        States is a party that have been proclaimed during each 
        calendar year, and all international agreements other 
        than treaties to which the United States is a party 
        that have been signed, proclaimed, or with reference to 
        which any other final formality has been executed, 
        during each calendar year. The said United States 
        Treaties and Other International Agreements shall be 
        legal evidence of the treaties, international 
        agreements other than treaties, and proclamations by 
        the President of such treaties and agreements, therein 
        contained, in all the courts of the United States, the 
        several States, and the Territories and insular 
        possessions of the United States.
          * * * * * * *
          (d) The Secretary of State shall make publicly 
        available through the Internet website of the 
        Department of State each treaty or international 
        agreement proposed to be published in the compilation 
        entitled ``United States Treaties and Other 
        International Agreements'' not later than 180 days 
        after the date on which the treaty or agreement enters 
        into force.

        730  guidelines for concluding international agreements

               731  bilateral and multilateral agreements

731.1  Method of Concluding Bilateral and Multilateral Agreements

    An agreement may be concluded through bilateral 
negotiations, which result either in the signing of a single 
instrument in duplicate or in an exchange of diplomatic notes, 
or through multilateral negotiations, usually at an 
international conference to which the governments concerned 
send official delegations to formulate and adopt or sign an 
instrument of agreement.

731.2  Bilateral Treaties and Agreements

731.2-1  Negotiation and Background Assistance

    Whenever the negotiation of a new international agreement 
is under consideration, the Department office or the post 
having primary responsibility informs the Legal Adviser and 
may, if considered necessary, request background material and 
advice regarding relevant provisions in existing treaties and 
agreements, the general treaty relations of this Government 
with the government or governments concerned, and other 
pertinent information.

731.3  Instructions to Negotiators

    a. When an agreement is to be concluded at a foreign 
capital, the Department designates the U. S. negotiator or 
negotiators, and the negotiator or negotiators are given 
appropriate instructions. If the agreement to be negotiated is 
a treaty that will be referred to the Senate, the Secretary of 
State may at some time prior to or during the negotiations 
issue or request the President to issue a ``full power'' (see 
11 FAM 733) constituting formal authorization for the United 
States negotiators to sign the agreement. Such a ``full power'' 
is not customary with respect to an international agreement 
other than a treaty. Receiving or possessing a ``full power'' 
is never to be considered as a final authorization to sign.
    b. The Department gives that authorization by a written or 
telegraphic instruction, and no signature is affixed in the 
absence of such instruction. If the proposal for an agreement 
originates with the United States, the U.S. negotiators as a 
rule furnish a tentative draft of the proposed agreement for 
submission to the other government for its consideration. The 
negotiators submit to the Department any modification of the 
draft or any counterproposal made by the other government and 
await instructions from the Department. If the original 
proposal emanates from a foreign government, the mission 
forwards The proposal to the Department and awaits its 
instructions.

731.4  Preparation of Texts for Signature

    a. If an agreement is to be signed at a post abroad as a 
single instrument (in duplicate), preparing the documents to be 
signed is customarily done in the foreign ministry on paper 
supplied by it, along with a binding and ribbons to tie the 
pages in place. However, the mission may lend assistance if the 
foreign ministry so desires. There is no universal standard as 
to the kind or size of paper which must be used (each foreign 
ministry has its own ``treaty paper''). For every bilateral 
agreement there must be two originals, one for each government. 
Each original must embody the full text of the agreement in all 
the languages in which the agreement is to be signed, and must 
be exactly the same as the other original subject only to the 
principle of the ``alternat.''
    b. In the case of an agreement effected by an exchange of 
notes, the U.S. notes are prepared in English and in accordance 
with 5 FAM 220 through 224 and the rules prescribed in 5 FAH-1, 
Correspondence Handbook. The note of the foreign government is 
prepared in accordance with the style of the foreign ministry 
and usually in the language of that country. Whenever 
practicable, arrangements are made for the notes to bear the 
same date.

731.5  Arrangement of Texts and Principle of the Alternat

731.5-1  Arrangement of Texts

    When English and a language other than English are both 
used, the texts in the two languages are placed:
          (1) in ``tandem'' fashion, that is, with one text 
        following the other (the tandem procedure is the most 
        widely used as it is the most expeditious); or
          (2) in parallel, vertical columns on the same page, 
        the columns being approximately of equal width; or
          (3) on opposite facing pages of the document the 
        entire width of the type or printed space on the page.
    If the two languages are placed ``tandem'' fashion, the 
English text is placed first in the U.S. original, and 
conversely in the foreign government's original.
    If parallel columns are used, the English text is placed in 
the left column of each page in the original to be retained by 
the United States, and the foreign text appears in the right 
column. In the other original, to be retained by the foreign 
government, the foreign text appears in the left column, and 
the English text in the right column.
    If the two languages are placed on opposite facing pages of 
the document, the English text occupies the left-hand page and 
the foreign text the right-hand page in the U.S. original, and 
conversely in the foreign government's original. If either the 
``tandem'' or the ``opposite facing page'' style is used, the 
concluding part (usually beginning ``IN WITNESS WHEREOF,'' 
``DONE,'' etc.) should appear in parallel columns on the page 
on which the signatures will appear, so that only one set of 
signatures is required for each separately bound document (see 
11 FAM Exhibit 731.5, page 8). If parallel signature columns 
are not feasible, the concluding paragraphs can be placed in 
``tandem'' fashion on the page on which the signatures appear 
(see 11 FAM Exhibit 731.5, page 9).
    If a foreign text is one which, from the occidental 
viewpoint, reads from back to front, it may be possible to join 
the two texts in a single binding so that the signatures 
appear, roughly speaking, in the center of the document. If 
this is not feasible, the negotiators should seek instructions 
from the Office of the Assistant Legal Adviser for Treaty 
Affairs (L/T).

731.5-2  Arrangement of Names and Signatures and Use of Titles

    a. In the original that the United States retains, the 
United States is named first in both the English and foreign 
texts, wherever the names of the countries occur together 
conjunctively or disjunctively, and the signature of the 
plenipotentiary of the United States appears on the left and 
that of the foreign plenipotentiary on the right of the 
original that the United States retains. Conversely, throughout 
both of the language texts of the original that the foreign 
government retains, that government is named first and its 
plenipotentiary's signature appears to the left of the 
signature of the U.S. plenipotentiary. The position of full 
sentences, paragraphs, or subparagraphs in the text is never 
transposed in the alternat procedure.
    b. The general practice and preference of the Department of 
State is not to use titles along with signatures, especially 
where the President or the Secretary of State signs. However, 
if preferred by the other party or parties concerned, titles 
may be typed BELOW where each will sign (with ample space 
allowed for the signature). Generally, only one person signs 
for each party.

                        732  conformity of texts

    After the documents have been prepared for signature on the 
basis of agreed texts, and before the agreement is signed, the 
negotiators or other responsible officers on each side make 
sure that the texts in both originals of the prepared agreement 
are in exact conformity with each other and with the texts in 
the drafts agreed to, and especially that where a foreign 
language is included, that text and the English text are in 
conformity in all substantive respects. Prior to document 
preparation, it should have been determined that the foreign-
language text is essentially (that is, as a matter of 
substance) in accord with the English text, and that it has 
received the clearance of the Department as required in 11 FAM 
722.6.

               733  exchange or exhibition of full powers

    a. Each representative who is to sign a treaty is furnished 
a full power signed by the head of state, head of government, 
or minister for foreign affairs. More than one representative 
should be named in a single instrument of full power. On 
occasion, formal full powers may be (but customarily are NOT in 
U.S. practice) issued for signing certain agreements other than 
treaties. When issued, the full power is formal evidence of the 
authority of the representative to sign on behalf of the 
representative's government. It names the representative, with 
title, and gives a clear indication of the particular 
instrument of agreement that the representative is entitled to 
sign. Full powers for representatives of the United States are 
prepared by the Office of the Assistant Legal Adviser for 
Treaty Affairs (L/T) and generally are signed by the Secretary 
or Acting Secretary of State. On occasion, full powers are 
signed by the President.
    b. If the agreement itself requires the exchange of full 
powers, they are exchanged. If not, they may be either 
exchanged or exhibited by the representatives on the occasion 
of signing the agreement, as may be preferred by the foreign 
representative. If a full power is required, the U.S. 
representative shall NOT proceed to sign the treaty until the 
full power is in hand, or the Department specially instructs 
otherwise. If exchanged, the original full power of the foreign 
representative is forwarded to the Department with the U.S. 
original of the signed agreement. If the representatives retain 
the original of the respective full powers, each representative 
should supply the other representative with a copy or a 
certified copy of the full power.

                       734  signature and sealing

    After a treaty or other international agreement that is to 
be signed as a single instrument has been completed, the host 
government makes mutually convenient arrangements for its 
signature. In the case of treaties, the signatures of the 
representatives may be accompanied by their respective seals, 
ribbons being fastened in the seals and binding the documents. 
The same procedure may be followed for other agreements signed 
as single instruments. It is not essential that seals be 
affixed, unless the agreement specifically so requires (the 
preference of the Department of State is NOT to use seals). The 
representative's personal seal, if available, is used when 
seals accompany the signatures, except that if the other 
government concerned prefers official seals, the seal of the 
mission may be used.
    (Note.--A personal seal may consist of a signet ring with 
initial(s) or family crest, written initials, etc.)

                     735  exchange of ratifications

735.1  Time and Place for Exchange

    It is customary for a treaty to contain a simple provision 
to the effect that the instruments of ratification will be 
exchanged as soon as possible at a designated capital, and that 
the treaty will enter into force on the date of such exchange 
or at the expiration of a specified number of days or months 
following the date of exchange. (As all treaties signed on the 
part of the United States are subject to ratification by and 
with the advice and consent of the Senate, and as the time 
required for action on any particular treaty cannot be 
foreseen, it is preferable that provision is made in the treaty 
that the instruments of ratification are to be exchanged ``as 
soon as possible'' rather than within a specified period.)

735.2  Effecting the Exchange

    a. In exchanging instruments of ratification, the 
representative of the United States hands to the representative 
of the foreign government a duplicate original of the 
President's instrument of ratification. In return, the 
representative of the foreign government hands to the 
representative of the United States the instrument of 
ratification executed by the head or the chief executive of the 
foreign government. A protocol, sometimes called ``Protocol of 
Exchange of Ratifications'' or proces-verbal, attests that the 
exchange has been signed by the two representatives. No full 
power is required for this purpose.
    b. The protocol of exchange is signed in duplicate 
originals, one for each government, and the principle of the 
alternat is observed as in the treaty. Before making the 
exchange and signing the proces-verbal or protocol of exchange, 
the diplomatic representative of the United States must be 
satisfied that the ratification of the foreign government is an 
unqualified ratification, or subject only to such reservations 
or understandings as have been agreed to by the two 
governments.

735.3  Notification of Date of Exchange

    In all cases, but particularly in those in which the treaty 
enters into force on the day of the exchange, it is essential 
that the mission formally notify the Department by whatever 
means practicable when arrangements have been completed for the 
exchange, and also when the exchange actually takes place. By 
the first pouch after the exchange takes place, the mission 
should forward to the Department the instrument of ratification 
of the foreign government and the U.S. Government's original of 
the signed proces-verbal or protocol of exchange.

               740  multilateral treaties and agreements

                        741  general procedures

    The procedures for making multilateral agreements are in 
many respects the same as those for making bilateral 
agreements; for example, the general requirements in regard to 
full powers, ratification, proclamation, and publication. This 
subchapter covers certain procedures that vary with bilateral 
procedures.

                            742  negotiation

742.1  Function of International Conference

    The international conference is the device usually employed 
for negotiating multilateral agreements. The greater the number 
of countries involved, the greater the necessity for such a 
conference. If only three or four countries are involved, it 
may be convenient to conduct the preliminary negotiations 
through correspondence and have a joint meeting of 
plenipotentiaries to complete the negotiations and to sign the 
document.

742.2  Invitation

    Traditionally, the international conference is convened by 
one government extending to other interested governments an 
invitation (acceptance usually assured beforehand) to 
participate, the host government bearing most, if not all, of 
the expense incident to the physical aspects of the conference. 
This is still often the practice, but increasing numbers of 
conferences have been convened under the auspices and at the 
call of international organizations.

742.3  Statement of Purpose

    When a call is made or invitations are extended for a 
conference to formulate a multilateral agreement, it is 
customary for a precise statement of purpose to accompany the 
call or the invitations. Sometimes, the invitation is also 
accompanied by a draft agreement to be used as a basis for 
negotiations. If the conference is called under the auspices of 
an international organization, the precise statement of purpose 
or the draft agreement may be prepared in preliminary sessions 
of the organization or by the secretariat of the organization.

742.4  Instructions to Negotiators

    The U.S. delegation to a conference may be comprised of one 
or more representatives. As a rule, the U.S. delegation is 
furnished written instructions by the Department prior to the 
conference in the form of a position paper for the U.S. 
delegation cleared with the Secretary or an officer 
specifically authorized by him or her and other appropriate 
Department officers for that purpose, under the procedures 
described in 11 FAM 722.3. The Office of the Legal Adviser (L) 
in all instances reviews drafts of international conventions to 
be considered in meetings of an international organization of 
which the United States is a member; when necessary, it also 
provides legal assistance at international conferences and 
meetings.

742.5  Final Acts of Conference

    The ``Final Act'' of a conference should not contain 
international commitments. A Final Act generally is limited to 
such matters as a statement or summary of the proceedings of 
the conference, the names of the states that participated, the 
organization of the conference and the committees established, 
resolutions adopted, the drafts of international agreements 
formulated for consideration by governments concerned, and the 
like. If an international agreement is to be opened for 
signature at the close of the conference, a text thereof may be 
annexed to the Final Act but must not be incorporated in the 
body thereof; the text to be signed must be prepared and bound 
separately for that purpose. Where a final Act appears to 
embody international commitments, the U.S. representative 
reports the same to the Department and awaits specific 
instructions before taking any further action.

                  743  official and working languages

743.1  General Procedures

    The working languages of the conference and the official 
languages of the conference documents are determined by the 
conference. A conference does not necessarily adopt all of the 
languages for both purposes. It is customary and preferable for 
all the official languages in which the final document is 
prepared for signature to be designated as having equal 
authenticity. It is possible, however, for the conference to 
determine, because of special circumstances, that in the event 
of dispute one of the languages is to prevail and to include in 
the text of the agreement a provision to that effect. Before a 
U.S. delegation concurs in any such proposal, it must request 
instructions from the Department.

743.2  English-Language Text

    Negotiators will use every practicable effort to assure 
that an English-language text is part of the authentic text of 
any multilateral treaty negotiated for the United States. Where 
any question exists on this subject, the negotiators should 
seek further instructions.

              744  preparation of documents for signature

744.1  Language or Languages Used in Texts

    The multilateral agreement drawn up at an international 
conference is prepared for signature in the official language 
or languages adopted by the conference. (See 11 FAM 743.) The 
document preparation ordinarily will be done by the conference 
secretariat.

744.2  Principle of the Alternat

    The principle of the alternat (see 11 FAM 731.5) does not 
apply in regards to a multilateral agreement, except in the 
remote case when an agreement between three or four governments 
is prepared for signature in the language of all the 
signatories and each of those governments receives a signed 
original of the agreement. Customarily, a multilateral 
agreement is prepared for signature in a single original, 
comprising all the official languages. That original is placed 
in the custody of a depositary (either a government or an 
international organization) that furnishes certified copies to 
all governments concerned.

744.2-1  Arrangements of Texts

    The arrangement of multilateral agreement texts varies, 
depending largely on the number of languages used. As in the 
case of bilateral agreements, however, the basic alternatives 
in the case of multilateral agreements are ``tandem,'' parallel 
columns, or facing pages, as follows:

744.2-1(A)  Tandem

    If an agreement is to be signed in two languages, and 
especially if signed in three or more languages, the texts may 
be arranged in tandem style, that is, one complete text 
following the other. This allows readily for any number of 
official texts; the tandem style precedent of the Charter of 
the United Nations is followed for preparing agreements 
formulated under the UN auspices. It is desirable, whenever 
practicable, that the concluding part of each text be placed 
with the concluding part of each of the other texts in parallel 
columns on the page on which the first of the signatures 
appears, although the tandem arrangement described at the end 
of 11 FAM 744.2-1C can be used.

744.2-1(B)  Parallel Columns

    If an agreement is to be signed in only two languages, the 
traditionally preferred method of arrangement of the texts has 
been parallel, vertical columns. This method may be used also 
if only three languages are used, but the three columns are 
necessarily so narrow that the method has been rarely used in 
such cases. When there are four official languages, However, it 
is possible to use the parallel column method by placing two of 
the language texts on a left-hand page and the other two 
language texts on the facing right-hand page; this method has 
been used often and to good advantage in various inter-American 
agreements with English, Spanish, French, and Portuguese.

744.2-1(C)  Facing Pages

    If an agreement is to be signed in only two languages, and 
circumstances make it necessary or desirable, the facing page 
method may be used for preparing the texts for signature, so 
that one of the language texts will be on a left-hand page and 
the other will be on the facing right-hand page. When this 
method is used, it is desirable that at least the concluding 
part (usually beginning ``IN WITNESS WHEREOF,'' ``DONE,'' etc.) 
be prepared in parallel columns on the page at the end of the 
texts in both languages so that only one set of signatures is 
required. If parallel columns are not feasible, the concluding 
paragraphs can be placed tandem fashion (one language text 
after another) on the page at the end of the texts in both 
languages.

744.2-2  Arrangements of Names and Signatures

    a. The arrangement of names and signatures, although 
seemingly a minor matter, sometimes presents difficulties in 
the case of multilateral agreements. There may be variations of 
arrangements, depending on particular factors, but the 
arrangement most generally used is alphabetical according to 
the names of the countries concerned. An alphabetical listing, 
however, presents the further question, even when there are 
only two languages, of what language is to be used in 
determining the arrangement.
    b. It is a common practice to use the language of the host 
government or for an agreement formulated under the auspices of 
an international organization, to follow the precedents 
established by that organization. It is possible, in the event 
that agreement could not be reached regarding the arrangement 
of names of countries and signatures of plenipotentiaries, to 
have a drawing of lots, a device seldom used. In any event, the 
question is one to be determined by the conference.

744.3  Conformity of Texts

    It is the primary responsibility of the delegations, acting 
in conference, to determine the conformity of the agreement 
texts that are to be signed. However, the conference 
secretariat has a responsibility for checking the texts 
carefully to insure that, when put in final form for signature, 
the texts are in essential conformity.

                            745  full powers

    a. In the case of a multilateral agreement drawn up at an 
international conference, this Government customarily (almost 
invariably, in the case of a treaty) issues to one or more of 
its representatives at the conference an instrument of full 
power authorizing signature of the agreement on behalf of the 
United States. In some instances, issuance of the full power is 
deferred until it is relatively certain that the agreement 
formulated is to be signed for the United States. (See 11 FAM 
733.) Ordinarily, that full power is presented by the 
representatives to the secretary general of the conference upon 
arrival of the delegation at the conference site. It may be 
submitted in advance of arrival, but usually that is not 
necessary.
    b. When the conference has formally convened, it usually 
appoints a credentials committee, to which all full powers and 
other evidence of authorization are submitted for examination. 
The full powers and related documents are retained by the 
credentials committee or the secretary general until the close 
of the conference. At the close of the conference, the full 
powers, related documents, and the signed original of the 
agreement are turned over to the government or the 
international organization designated in the agreement as the 
depositary authority, to be placed in its archives.

                       746  signature and sealing

746.1  Signature

    Most multilateral agreements are signed. Some, however, are 
adopted by a conference or organization after which governments 
become parties by adherence, accession, acceptance, or some 
other method not requiring signature (for example, conventions 
drawn up and adopted at sessions of the International Labor 
Organization). Procedures for the deposit of an instrument of 
adherence, accession, or acceptance are similar to procedures 
for the deposit of instruments of ratification. In some cases, 
accession or approval can be accomplished by formal notice 
through diplomatic channels.

746.2  Seals

    Multilateral treaties do not usually provide for the use of 
seals along with the signatures of representatives. The large 
number of signatures would make the use of seals difficult and 
cumbersome.

           747  disposition of final documents of conference

    a. At the close of a conference, the remaining supply of 
working documents (for example, records of committee meetings, 
verbatim minutes, etc.) usually is placed in the custody of the 
host government or the organization that called the conference 
for appropriate disposition. It is not proper for definitive 
commitments constituting part of the agreement to be embodied 
in such working documents. Definitive commitments must be 
incorporated only in a final document to be signed or adopted 
as an international agreement.
    b. The final documents of the conference may include a 
Final Act (see 11 FAM 742.5) and separately, the text(s) of any 
agreement(s). The practice of signing a Final Act is still 
followed in many cases. In any event, any agreement formulated 
at the conference must be prepared as a separate document and 
signed or adopted. The signed or adopted originals of the final 
documents of the conference are submitted to the government or 
international organization designated in such documents as 
depositary. If the conference is not held under the auspices of 
an organization, it is customary for the host government to be 
designated depositary, but it might be appropriate, even in 
such case, to name an organization, such as the United Nations, 
as depositary. The decision is made by the conference, with the 
concurrence of the government or international organization 
concerned.

                   748  procedure following signature

748.1  Understandings or Reservations

    If it is necessary to inform other governments concerned, 
and perhaps obtain their consent, with respect to an 
understanding, interpretation, or reservation included by the 
Senate in its resolution of advice and consent, this Government 
communicates with the depositary, which then carries on the 
necessary correspondence with the other governments concerned.

748.2  Deposit of Ratification

    a. When the depositary for a multilateral agreement is a 
foreign government or an international organization, the U.S. 
instrument of ratification (or adherence, accession, 
acceptance, etc.) is sent by the Office of the Assistant Legal 
Adviser for Treaty Affairs (L/T) to the appropriate Foreign 
Service mission or to the U.S. representative to the 
organization if there is a permanent representative. The 
mission or the representative deposits it with the depositary 
authority in accordance with the terms of the accompanying 
instruction from the Department concerning the time of deposit.
    b. When this Government is depositary for a multilateral 
agreement, posts are not authorized to accept instruments of 
ratification of foreign governments; that is, the foreign 
government cannot deposit its instrument with the post. If a 
post is requested to transmit an instrument of ratification to 
the Department, it must make clear to the foreign government 
that the post is acting only as a transmitting agent and that 
the ratification cannot be considered as accepted for deposit 
until received and examined by the Department.

748.3  Registration

    It is generally recognized that the depositary for a 
multilateral agreement has a primary responsibility for its 
registration. Normally, the depositary has custody not only of 
the original document of agreement but also of instruments of 
ratification and other formal documents. Consequently, the 
depositary is the most authoritative source of information and 
documentation. (See also 11 FAM 753.3.)

750  responsibilities of the assistant legal adviser for treaty affairs 
                                 (l/t)

      751  preparation of documents, ceremonies, and instructions

    Carrying out and providing advice and assistance respecting 
the provisions of this chapter is the responsibility of the 
Assistant Legal Adviser for Treaty Affairs (L/T), who:
          (1) Reviews all drafts of international agreements, 
        proposals by other governments or international 
        organizations, instructions and position papers, all 
        Circular 175 requests (see 11 FAM 721), and 
        accompanying memoranda of law;
          (2) Makes arrangements for and/or supervises 
        ceremonies at Washington, DC for the signature of 
        treaties or other international agreements; and 
        supervises the preparation of texts of treaties and 
        other agreements to be signed at Washington, DC;
          (3) Supervises preparation of the Secretary of 
        State's reports to the President and the President's 
        messages to the Senate to transmit treaties for advice 
        and consent to ratification;
          (4) Prepares full powers, protocols of exchange, 
        instruments of ratification or adherence, instruments 
        or notifications of acceptance or approval, termination 
        notices, and proclamations with respect to treaties or 
        other international agreements;
          (5) Makes arrangements for the exchange or deposit of 
        instruments of ratification, deposit of instruments of 
        adherence, the receipt or deposit of instruments or 
        notifications of acceptance or approval, termination 
        notices, and proclamations with respect to treaties or 
        other international agreements;
          (6) Prepares instructions to posts abroad and notes 
        to foreign diplomatic missions at Washington, DC 
        respecting matters stated in paragraph e;
          (7) Prepares and signs transmittals to the Congress 
        of all international agreements other than treaties, as 
        required by the Case-Zablocki Act, 1 U.S.C. 112b (see 
        11 FAM 726);
          (8) Takes appropriate steps required for the 
        publication and registration of treaties and other 
        international agreements to which the United States is 
        a party, including making them available on the 
        Department's Internet Web site (see 11 FAM 727 and 11 
        FAM 753.3); and
          (9) Consults periodically with Congress on the full 
        range of treaty issues, including matters of treaty 
        priorities for the Administration; significant 
        negotiations; the appropriate form of an international 
        agreement; and the attachment of reservations, 
        understandings, or declarations to treaties before the 
        Senate for its advice and consent.

                 752  preparing documents for signature

    a. After the text of a treaty or other agreement is 
approved in writing in accordance with 11 FAM 724.7, the 
document is normally prepared at the capital at which it is to 
be signed.
    b. Adequate time (normally 7 business days) is allowed for 
the preparation (printing on treaty paper), comparing, etc., of 
the treaty or other agreement to be signed, in order to assure 
sufficient time for the preparation of accurate texts in 
duplicate for signature, including, in the case of documents to 
be signed in a foreign language, sufficient time for the 
Language Services Division to prepare any translations 
required; check any existing foreign-language draft; and check 
the prepared foreign-language text. If any question arises as 
to the time necessary to complete the preparation of texts at 
Washington, DC, the matter will be referred to the Assistant 
Legal Adviser for Treaty Affairs (L/T).

                   753  publication and registration

753.1  Publication of Texts

    After the necessary action has been taken to bring into 
force the treaty or other international agreement concluded by 
the United States, it is published in the Treaties and Other 
International Acts Series issued by the Department. After 
publication in that series, the text of the treaty or other 
agreement is printed in the annual volume(s) (which may consist 
of two or more bindings) of United States Treaties and Other 
International Agreements, as required by law (see 11 FAM 727). 
Treaties and other agreements concluded prior to January 1, 
1950, were published in the United States Statutes at Large and 
for easy reference were reprinted in Bevans, Treaties and Other 
International Agreements of the United States of America, 1776-
1949.

753.2  Responsibility for Other Treaty Publications

    The Office of the Assistant Legal Adviser for Treaty 
Affairs (L/T) prepares and maintains the annual publication, 
Treaties in Force, an authoritative guide to the text and 
status of treaties and other international agreements currently 
in force for the United States. It also compiles and has 
published, in addition to the text referred to in 11 FAM 753.1, 
other volumes containing texts of treaties and other agreements 
as required or authorized by law. The ``Treaty Actions'' 
information on the Department of State Web site is compiled by 
that office.

753.3  Registration

    The Office of the Assistant Legal Adviser for Treaty 
Affairs (L/T) is responsible for registering U.S. treaties and 
international agreements:
          (1) Article 102 of the United Nations Charter 
        requires that every treaty and every international 
        agreement entered into by a member of the United 
        Nations be registered, as soon as possible, with the 
        Secretariat and published by it; and
          (2) Article 83 of the Chicago Convention on 
        International Civil Aviation of 1944 requires 
        registering aviation agreements with the Council of the 
        International Civil Aviation Organization.

753.4  United States as Depositary

    a. Inquiries from foreign diplomatic missions at 
Washington, DC and from U.S. diplomatic missions abroad with 
respect to the preparation or deposit of instruments relating 
to any multilateral agreement for which the United States is 
depositary are referred to the Office of the Assistant Legal 
Adviser for Treaty Affairs (L/T). Notify L/T immediately when 
any such document is received anywhere in the Department. As 
the depositary office, the Office of the Assistant Legal 
Adviser for Treaty Affairs (L/T) is required to ascertain 
whether those documents are properly executed before accepting 
them for deposit; to keep accurate records regarding them; and 
to inform other concerned governments of the order and date it 
received such documents.
    b. Before any arrangements are proposed or agreed to for 
the United States to serve as depositary for any international 
agreement, obtain the views of the Assistant Legal Adviser for 
Treaty Affairs (L/T).

753.5  Records and Correspondence Custody

    a. The Assistant Legal Adviser for Treaty Affairs compiles 
and maintains authoritative records regarding the negotiation, 
signature, transmission to the Senate, and ratification or 
approval, as well as the existence, status, and application, of 
all international agreements to which the United States is or 
may become a party. Inquiries on these subjects are addressed 
to, and outgoing communications cleared with, the Office of the 
Legal Adviser (L).
    b. To insure that the records regarding the matters 
described in this section are complete and up to date, it is 
important that all relevant papers be referred to the Office of 
the Legal Adviser (L).
    c. The Assistant Legal Adviser for Treaty Affairs is 
responsible for the custody of originals of bilateral 
agreements and certified copies of multilateral agreements 
pending entry into force and completion of manuscripts for 
publication. Following publication, such originals and 
certified copies are transferred to the National Archives. The 
Assistant Legal Adviser for Treaty (L/T) Affairs retains 
custody of signed originals of multilateral agreements for 
which the United States is depositary, together with relevant 
instruments of ratification, adherence, acceptance, or 
approval, as long as those agreements remain active.
            2. Vienna Convention on Diplomatic Relations \1\

   Done at Vienna April 18, 1961; Entered into force April 24, 1964; 
       Entered into force for the United States December 13, 1972

    The States Parties to the present Convention,
---------------------------------------------------------------------------
    \1\ 23 UST 3227; TIAS 7502.

    Recalling that peoples of all nations from ancient times 
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have recognized the status of diplomatic agents,

    Having in mind the purposes and principles of the Charter 
of the United Nations concerning the sovereign equality of 
States, the maintenance of international peace and security, 
and the promotion of friendly relations among nations,

    Believing that an international convention on diplomatic 
intercourse, privileges and immunities would contribute to the 
development of friendly relations among nations, irrespective 
of their differing constitutional and social systems,

    Realizing that the purpose of such privileges and 
immunities is not to benefit individuals but to ensure the 
efficient performance of the functions of diplomatic missions 
as representing States,

    Affirming that the rules of customary international law 
should continue to govern questions not expressly regulated by 
the provisions of the present Convention,

    Have agreed as follows:

                               Article 1

    For the purpose of the present Convention, the following 
expressions shall have the meanings hereunder assigned to them:
          (a) the ``head of the mission'' is the person charged 
        by the sending State with the duty of acting in that 
        capacity;
          (b) the ``members of the mission'' are the head of 
        the mission and the members of the staff of the 
        mission;
          (c) the ``members of the staff of the mission'' are 
        the members of the diplomatic staff, of the 
        administrative and technical staff and of the service 
        staff of the mission;
          (d) the ``members of the diplomatic staff'' are the 
        members of the staff of the mission having diplomatic 
        rank;
          (e) a ``diplomatic agent'' is the head of the mission 
        or a member of the diplomatic staff of the mission;
          (f) the ``members of the administrative and technical 
        staff'' are the members of the staff of the mission 
        employed in the administrative and technical service of 
        the mission;
          (g) the ``members of the service staff'' are the 
        members of the staff of the mission in the domestic 
        service of the mission;
          (h) a ``private servant'' is a person who is in the 
        domestic service of a member of the mission and who is 
        not an employee of the sending State;
          (i) the ``premises of the mission'' are the buildings 
        or parts of buildings and the land ancillary thereto, 
        irrespective of ownership, used for the purposes of the 
        mission including the residence of the head of the 
        mission.

                               Article 2

    The establishment of diplomatic relations between States, 
and of permanent diplomatic missions, takes place by mutual 
consent.

                               Article 3

    1. The functions of a diplomatic mission consist inter alia 
in:
          (a) representing the sending State in the receiving 
        State;
          (b) protecting in the receiving State the interests 
        of the sending State and of its nationals, within the 
        limits permitted by international law;
          (c) negotiating with the Government of the receiving 
        State;
          (d) ascertaining by all lawful means conditions and 
        developments in the receiving State, and reporting 
        thereon to the Government of the sending State;
          (e) promoting friendly relations between the sending 
        State and the receiving State, and developing their 
        economic, cultural and scientific relations.
    2. Nothing in the present Convention shall be construed as 
preventing the performance of consular functions by a 
diplomatic mission.

                               Article 4

    1. The sending State must make certain that the agrement of 
the receiving State has been given for the person it proposes 
to accredit as head of the mission to that State.
    2. The receiving State is not obliged to give reasons to 
the sending State for a refusal of agrment.

                               Article 5

    1. The sending State may, after it has given due 
notification to the receiving States concerned, accredit a head 
of mission or assign any member of the diplomatic staff, as the 
case may be, to more than one State, unless there is express 
objection by any of the receiving States.
    2. If the sending State accredits a head of mission to one 
or more other States it may establish a diplomatic mission 
headed by a charge d'affaires ad interim in each State where 
the head of mission has not his permanent seat.
    3. A head of mission or any member of the diplomatic staff 
of the mission may act as representative of the sending State 
to any international organization.

                               Article 6

    Two or more States may accredit the same person as head of 
mission to another State, unless objection is offered by the 
receiving State.

                               Article 7

    Subject to the provisions of Articles 5, 8, 9 and 11, the 
sending State may freely appoint the members of the staff of 
the mission. In the case of military, naval or air attaches, 
the receiving State may require their names to be submitted 
beforehand, for its approval.

                               Article 8

    1. Members of the diplomatic staff of the mission should in 
principle be of the nationality of the sending State.
    2. Members of the diplomatic staff of the mission may not 
be appointed from among persons having the nationality of the 
receiving State, except with the consent of that State which 
may be withdrawn at any time.
    3. The receiving State may reserve the same right with 
regard to nationals of a third State who are not also nationals 
of the sending State.

                               Article 9

    1. The receiving State may at any time and without having 
to explain its decision, notify the sending State that the head 
of the mission or any member of the diplomatic staff of the 
mission is persona non grata or that any other member of the 
staff of the mission is not acceptable. In any such case, the 
sending State shall, as appropriate, either recall the person 
concerned or terminate his functions with the mission. A person 
may be declared non grata or not acceptable before arriving in 
the territory of the receiving State.
    2. If the sending State refuses or fails within a 
reasonable period to carry out its obligations under paragraph 
1 of this Article, the receiving State may refuse to recognize 
the person concerned as a member of the mission.

                               Article 10

    1. The Ministry for Foreign Affairs of the receiving State, 
or such other ministry as may be agreed, shall be notified of:
          (a) the appointment of members of the mission, their 
        arrival and their final departure or the termination of 
        heir functions with the mission;
          (b) the arrival and final departure of a person 
        belonging to the family of a member of the mission and, 
        where appropriate, the fact that a person becomes or 
        ceases to be a member of the family of a member of the 
        mission;
          (c) the arrival and final departure of private 
        servants in the employ of persons referred to in sub-
        paragraph (a) of this paragraph and, where appropriate, 
        the fact that they are leaving the employ of such 
        persons;
          (d) the engagement and discharge of persons resident 
        in the receiving State as members of the mission or 
        private servants entitled to privileges and immunities.
    2. Where possible, prior notification of arrival and final 
departure shall also be given.

                               Article 11

    1. In the absence of specific agreement as to the size of 
the mission, the receiving State may require that the size of a 
mission be kept within limits considered by it to be reasonable 
and normal, having regard to circumstances and conditions in 
the receiving State and to the needs of the particular mission.
    2. The receiving State may equally, within similar bounds 
and on a nondiscriminatory basis, refuse to accept officials of 
a particular category.

                               Article 12

    The sending State may not, without the prior express 
consent of the receiving State, establish offices forming part 
of the mission in localities other than those in which the 
mission itself is established.

                               Article 13

    1. The head of the mission is considered as having taken up 
his functions in the receiving State either when he has 
presented his credentials or when he has notified his arrival 
and a true copy of his credentials has been presented to the 
Ministry for Foreign Affairs of the receiving State, or such 
other ministry as may be agreed, in accordance with the 
practice prevailing in the receiving State which shall be 
applied in a uniform manner.
    2. The order of presentation of credentials or of a true 
copy thereof will be determined by the date and time of the 
arrival of the head of the mission.

                               Article 14

    1. Heads of mission are divided into three classes, namely:
          (a) that of ambassadors or nuncios accredited to 
        Heads of State, and other heads of mission of 
        equivalent rank;
          (b) that of envoys, ministers and internuncios 
        accredited to Heads of State;
          (c) that of charges d'affaires accredited to 
        Ministers for Foreign Affairs.
    2. Except as concerns precedence and etiquette, there shall 
be no differentiation between heads of mission by reason of 
their class.

                               Article 15

    The class to which the heads of their missions are to be 
assigned shall be agreed between States.

                               Article 16

    1. Heads of mission shall take precedence in their 
respective classes in the order of the date and time of taking 
up their functions in accordance with Article 13.
    2. Alterations in the credentials of a head of mission not 
involving any change of class shall not affect his precedence.
    3. This article is without prejudice to any practice 
accepted by the receiving State regarding the precedence of the 
representative of the Holy See.

                               Article 17

    The precedence of the members of the diplomatic staff of 
the mission shall be notified by the head of the mission to the 
Ministry for Foreign Affairs or such other ministry as may be 
agreed.

                               Article 18

    The procedure to be observed in each State for the 
reception of heads of mission shall be uniform in respect of 
each class.

                               Article 19

    1. If the post of head of the mission is vacant, or if the 
head of the mission is unable to perform his functions, a 
charge d'affaires ad interim shall act provisionally as head of 
the mission. The name of the charge d'affaires ad interim shall 
be notified, either by the head of the mission or, in case he 
is unable to do so, by the Ministry for Foreign Affairs of the 
sending State to the Ministry for Foreign Affairs of the 
receiving State or such other ministry as may be agreed.
    2. In cases where no member of the diplomatic staff of the 
mission is present in the receiving State, a member of the 
administrative and technical staff may, with the consent of the 
receiving State, be designated by the sending State to be in 
charge of the current administrative affairs of the mission.

                               Article 20

    The mission and its head shall have the right to use the 
flag and emblem of the sending State on the premises of the 
mission, including the residence of the head of the mission, 
and on his means of transport.

                               Article 21

    1. The receiving State shall either facilitate the 
acquisition on its territory, in accordance with its laws, by 
the sending State of premises necessary for its mission or 
assist the latter in obtaining accommodation in some other way.
    2. It shall also, where necessary, assist missions in 
obtaining suitable accommodation for their members.

                               Article 22

    1. The premises of the mission shall be inviolable. The 
agents of the receiving State may not enter them, except with 
the consent of the head of the mission.
    2. The receiving State is under a special duty to take all 
appropriate steps to protect the premises of the mission 
against any intrusion or damage and to prevent any disturbance 
of the peace of the mission or impairment of its dignity.
    3. The premises of the mission, their furnishings and other 
property thereon and the means of transport of the mission 
shall be immune from search, requisition, attachment or 
execution.

                               Article 23

    1. The sending State and the head of the mission shall be 
exempt from all national, regional or municipal dues and taxes 
in respect of the premises of the mission, whether owned or 
leased, other than such as represent payment for specific 
services rendered.
    2. The exemption from taxation referred to in this Article 
shall not apply to such dues and taxes payable under the law of 
the receiving State by persons contracting with the sending 
State or the head of the mission.

                               Article 24

    The archives and documents of the mission shall be 
inviolable at any time and wherever they may be.

                               Article 25

    The receiving State shall accord full facilities for the 
performance of the functions of the mission.

                               Article 26

    Subject to its laws and regulations concerning zones entry 
into which is prohibited or regulated for reasons of national 
security, the receiving State shall ensure to all members of 
the mission freedom of movement and travel in its territory.

                               Article 27

    1. The receiving State shall permit and protect free 
communication on the part of the mission for all official 
purposes. In communicating with the Government and the other 
missions and consulates of the sending State, wherever 
situated, the mission may employ all appropriate means, 
including diplomatic couriers and messages in code or cipher. 
However, the mission may install and use a wireless transmitter 
only with the consent of the receiving State.
    2. The official correspondence of the mission shall be 
inviolable. Official correspondence means all correspondence 
relating to the mission and its functions.
    3. The diplomatic bag shall not be opened or detained.
    4. The packages constituting the diplomatic bag must bear 
visible external marks of their character and may contain only 
diplomatic documents or articles intended for official use.
    5. The diplomatic courier, who shall be provided with an 
official document indicating his status and the number of 
packages constituting the diplomatic bag, shall be protected by 
the receiving State in the performance of his functions. He 
shall enjoy personal inviolability and shall not be liable to 
any form of arrest or detention.
    6. The sending State or the mission may designate 
diplomatic couriers ad hoc. In such cases the provisions of 
paragraph 5 of this Article shall also apply, except that the 
immunities therein mentioned shall cease to apply when such a 
courier has delivered to the consignee the diplomatic bag in 
his charge.
    7. A diplomatic bag may be entrusted to the captain of a 
commercial aircraft scheduled to land at an authorized port of 
entry. He shall be provided with an official document 
indicating the number of packages constituting the bag but he 
shall not be considered to be a diplomatic courier. The mission 
may send one of its members to take possession of the 
diplomatic bag directly and freely from the captain of the 
aircraft.

                               Article 28

    The fees and charges levied by the mission in the course of 
its official duties shall be exempt from all dues and taxes.

                               Article 29

    The person of a diplomatic agent shall be inviolable. He 
shall not be liable to any form of arrest or detention. The 
receiving State shall treat him with due respect and shall take 
all appropriate steps to prevent any attack on his person, 
freedom or dignity.

                               Article 30

    1. The private residence of a diplomatic agent shall enjoy 
the same inviolability and protection as the premises of the 
mission.
    2. His papers, correspondence and, except as provided in 
paragraph 3 of Article 31, his property, shall likewise enjoy 
inviolability

                               Article 31

    1. A diplomatic agent shall enjoy immunity from the 
criminal jurisdiction of the receiving State. He shall also 
enjoy immunity from its civil and administrative jurisdiction, 
except in the case of:
          (a) a real action relating to private immovable 
        property situated in the territory of the receiving 
        State, unless he holds it on behalf of the sending 
        State for the purposes of the mission;
          (b) an action relating to succession in which the 
        diplomatic agent is involved as executor, 
        administrator, heir or legatee as a private person and 
        not on behalf of the sending State;
          (c) an action relating to any professional or 
        commercial activity exercised by the diplomatic agent 
        in the receiving State outside his official functions.
    2. A diplomatic agent is not obliged to give evidence as a 
witness.
    3. No measures of execution may be taken in respect of a 
diplomatic agent except in the cases coming under sub-
paragraphs (a), (b) and (c) of paragraph 1 of this Article, and 
provided that the measures concerned can be taken without 
infringing the inviolability of his person or of his residence.
    4. The immunity of a diplomatic agent from the jurisdiction 
of the receiving State does not exempt him from the 
jurisdiction of the sending State.

                               Article 32

    1. The immunity from jurisdiction of diplomatic agents and 
of persons enjoying immunity under Article 37 may be waived by 
the sending State.
    2. Waiver must always be express.
    3. The initiation of proceedings by a diplomatic agent or 
by a person enjoying immunity from jurisdiction under Article 
37 shall preclude him from invoking immunity from jurisdiction 
in respect of any counter-claim directly connected with the 
principal claim.
    4. Waiver of immunity from jurisdiction in respect of civil 
or administrative proceedings shall not be held to imply waiver 
of immunity in respect of the execution of the judgment, for 
which a separate waiver shall be necessary.

                               Article 33

    1. Subject to the provisions of paragraph 3 of this 
Article, a diplomatic agent shall with respect to services 
rendered for the sending State be exempt from social security 
provisions which may be in force in the receiving State.
    2. The exemption provided for in paragraph 1 of this 
Article shall also apply to private servants who are in the 
sole employ of a diplomatic agent, on condition:
          (a) that they are not nationals of or permanently 
        resident in the receiving State; and
          (b) that they are covered by the social security 
        provisions which may be in force in the sending State 
        or a third State.
    3. A diplomatic agent who employs persons to whom the 
exemption provided for in paragraph 2 of this Article does not 
apply shall observe the obligations which the social security 
provisions of the receiving State impose upon employers.
    4. The exemption provided for in paragraphs 1 and 2 of this 
Article shall not preclude voluntary participation in the 
social security system of the receiving State provided that 
such participation is permitted by that State.
    5. The provisions of this Article shall not affect 
bilateral or multilateral agreements concerning social security 
concluded previously and shall not prevent the conclusion of 
such agreements in the future.

                               Article 34

    A diplomatic agent shall be exempt from all dues and taxes, 
personal or real, national, regional or municipal, except:
          (a) indirect taxes of a kind which are normally 
        incorporated in the price of goods or services;
          (b) dues and taxes on private immovable property 
        situated in the territory of the receiving State, 
        unless he holds it on behalf of the sending State for 
        the purposes of the mission;
          (c) estate, succession or inheritance duties levied 
        by the receiving State, subject to the provisions of 
        paragraph 4 of Article 39;
          (d) dues and taxes on private income having its 
        source in the receiving State and capital taxes on 
        investments made in commercial undertakings in the 
        receiving State;
          (e) charges levied for specific services rendered;
          (f) registration, court or record fees, mortgage dues 
        and stamp duty, with respect to immovable property, 
        subject to the provisions of Article 23.

                               Article 35

    The receiving State shall exempt diplomatic agents from all 
personal services, from all public service of any kind 
whatsoever, and from military obligations such as those 
connected with requisitioning, military contributions and 
billeting.

                               Article 36

    1. The receiving State shall, in accordance with such laws 
and regulations as it may adopt, permit entry of and grant 
exemption from all customs duties, taxes, and related charges 
other than charges for storage, cartage and similar services, 
on:
          (a) articles for the official use of the mission;
          (b) articles for the personal use of a diplomatic 
        agent or members of his family forming part of his 
        household, including articles intended for his 
        establishment.
    2. The personal baggage of a diplomatic agent shall be 
exempt from inspection, unless there are serious grounds for 
presuming that it contains articles not covered by the 
exemptions mentioned in paragraph 1 of this Article, or 
articles the import or export of which is prohibited by the law 
or controlled by the quarantine regulations of the receiving 
State. Such inspection shall be conducted only in the presence 
of the diplomatic agent or of his authorized representative.

                               Article 37

    1. The members of the family of a diplomatic agent forming 
part of his household shall, if they are not nationals of the 
receiving State, enjoy the privileges and immunities specified 
in Articles 29 to 36.
    2. Members of the administrative and technical staff of the 
mission, together with members of their families forming part 
of their respective households, shall, if they are not 
nationals of or permanently resident in the receiving State, 
enjoy the privileges and immunities specified in Articles 29 to 
35, except that the immunity from civil and administrative 
jurisdiction of the receiving State specified in paragraph 1 of 
Article 31 shall not extend to acts performed outside the 
course of their duties. They shall also enjoy the privileges 
specified in Article 36, paragraph 1, in respect of articles 
imported at the time of first installation.
    3. Members of the service staff of the mission who are not 
nationals of or permanently resident in the receiving State 
shall enjoy immunity in respect of acts performed in the course 
of their duties, exemption from dues and taxes on the 
emoluments they receive by reason of their employment and the 
exemption contained in Article 33.
    4. Private servants of members of the mission shall, if 
they are not nationals of or permanently resident in the 
receiving State, be exempt from dues and taxes on the 
emoluments they receive by reason of their employment. In other 
respects, they may enjoy privileges and immunities only to the 
extent admitted by the receiving State. However, the receiving 
State must exercise its jurisdiction over those persons in such 
a manner as not to interfere unduly with the performance of the 
functions of the mission.

                               Article 38

    1. Except insofar as additional privileges and immunities 
may be granted by the receiving State, a diplomatic agent who 
is a national of or permanently resident in that State shall 
enjoy only immunity from jurisdiction, and inviolability, in 
respect of official acts performed in the exercise of his 
functions.
    2. Other members of the staff of the mission and private 
servants who are nationals of or permanently resident in the 
receiving State shall enjoy privileges and immunities only to 
the extent admitted by the receiving State. However, the 
receiving State must exercise its jurisdiction over those 
persons in such a manner as not to interfere unduly with the 
performance of the functions of the mission.

                               Article 39

    1. Every person entitled to privileges and immunities shall 
enjoy them from the moment he enters the territory of the 
receiving State on proceeding to take up his post or, if 
already in its territory, from the moment when his appointment 
is notified to the Ministry for Foreign Affairs or such other 
ministry as may be agreed.
    2. When the functions of a person enjoying privileges and 
immunities have come to an end, such privileges and immunities 
shall normally cease at the moment when he leaves the country, 
or on expiry of a reasonable period in which to do so, but 
shall subsist until that time, even in case of armed conflict. 
However, with respect to acts performed by such a person in the 
exercise of his functions as a member of the mission, immunity 
shall continue to subsist.
    3. In case of the death of a member of the mission, the 
members of his family shall continue to enjoy the privileges 
and immunities to which they are entitled until the expiry of a 
reasonable period in which to leave the country.
    4. In the event of the death of a member of the mission not 
a national of or permanently resident in the receiving State or 
a member of his family forming part of his household, the 
receiving State shall permit the withdrawal of the movable 
property of the deceased, with the exception of any property 
acquired in the country the export of which was prohibited at 
the time of his death. Estate, succession and inheritance 
duties shall not be levied on movable property the presence of 
which in the receiving State was due solely to the presence 
there of the deceased as a member of the mission or as a member 
of the family of a member of the mission.

                               Article 40

    1. If a diplomatic agent passes through or is in the 
territory of a third State, which has granted him a passport 
visa if such visa was necessary, while proceeding to take up or 
to return to his post, or when returning to his own country, 
the third State shall accord him inviolability and such other 
immunities as may be required to ensure his transit or return. 
The same shall apply in the case of any members of his family 
enjoying privileges or immunities who are accompanying the 
diplomatic agent, or travelling separately to join him or to 
return to their country.
    2. In circumstances similar to those specified in paragraph 
1 of this Article, third States shall not hinder the passage of 
members of the administrative and technical or service staff of 
a mission, and of members of their families, through their 
territories.
    3. Third States shall accord to official correspondence and 
other official communications in transit, including messages in 
code or cipher, the same freedom and protection as is accorded 
by the receiving State. They shall accord to diplomatic 
couriers, who have been granted a passport visa if such visa 
was necessary, and diplomatic bags in transit the same 
inviolability and protection as the receiving State is bound to 
accord.
    4. The obligations of third States under paragraphs 1, 2 
and 3 of this Article shall also apply to the persons mentioned 
respectively in those paragraphs, and to official 
communications and diplomatic bags, whose presence in the 
territory of the third State is due to force majeure.

                               Article 41

    1. Without prejudice to their privileges and immunities, it 
is the duty of all persons enjoying such privileges and 
immunities to respect the laws and regulations of the receiving 
State. They also have a duty not to interfere in the internal 
affairs of that State.
    2. All official business with the receiving State entrusted 
to the mission by the sending State shall be conducted with or 
through the Ministry for Foreign Affairs of the receiving State 
or such other ministry as may be agreed.
    3. The premises of the mission must not be used in any 
manner incompatible with the functions of the mission as laid 
down in the present Convention or by other rules of general 
international law or by any special agreements in force between 
the sending and the receiving State.

                               Article 42

    A diplomatic agent shall not in the receiving State 
practice for personal profit any professional or commercial 
activity.

                               Article 43

    The function of a diplomatic agent comes to an end, inter 
alia:
          (a) on notification by the sending State to the 
        receiving State that the function of the diplomatic 
        agent has come to an end;
          (b) on notification by the receiving State to the 
        sending State that, in accordance with paragraph 2 of 
        Article 9, it refuses to recognize the diplomatic agent 
        as a member of the mission.

                               Article 44

    The receiving State must, even in case of armed conflict, 
grant facilities in order to enable persons enjoying privileges 
and immunities, other than nationals of the receiving State, 
and members of the families of such persons irrespective of 
their nationality, to leave at the earliest possible moment. It 
must, in particular, in case of need, place at their disposal 
the necessary means of transport for themselves and their 
property.

                               Article 45

    If diplomatic relations are broken off between two States, 
or if a mission is permanently or temporarily recalled:
          (a) the receiving State must, even in case of armed 
        conflict, respect and protect the premises of the 
        mission, together with its property and archives;
          (b) the sending State may entrust the custody of the 
        premises of the mission, together with its property and 
        archives, to a third State acceptable to the receiving 
        State;
          (c) the sending State may entrust the protection of 
        its interests and those of its nationals to a third 
        State acceptable to the receiving State.

                               Article 46

    A sending State may with the prior consent of a receiving 
State, and at the request of a third State not represented in 
the receiving State, undertake the temporary protection of the 
interests of the third State and of its nationals.

                               Article 47

    1. In the application of the provisions of the present 
Convention, the receiving State shall not discriminate as 
between States.
    2. However, discrimination shall not be regarded as taking 
place:
           (a) where the receiving State applies any of the 
        provisions of the present Convention restrictively 
        because of a restrictive application of that provision 
        to its mission in the sending State;
           (b) where by custom or agreement States extend to 
        each other more favourable treatment than is required 
        by the provisions of the present Convention.

                               Article 48

    The present Convention shall be open for signature by all 
States Members of the United Nations or of any of the 
specialized agencies or Parties to the Statute of the 
International Court of Justice, and by any other State invited 
by the General Assembly of the United Nations to become a Party 
to the Convention, as follows: until 31 October 1961 at the 
Federal Ministry for Foreign Affairs of Austria and 
subsequently, until 31 March 1962, at the United Nations 
Headquarters in New York.

                               Article 49

    The present Convention is subject to ratification. The 
instruments of ratification shall be deposited with the 
Secretary-General of the United Nations.

                               Article 50

    The present Convention shall remain open for accession by 
any State belonging to any of the four categories mentioned in 
Article 48. The instruments of accession shall be deposited 
with the Secretary-General of the United Nations.

                               Article 51

    1. The present Convention shall enter into force on the 
thirtieth day following the date of deposit of the twenty-
second instrument of ratification or accession with the 
Secretary-General of the United Nations.
    2. For each State ratifying or acceding to the Convention 
after the deposit of the twenty-second instrument of 
ratification or accession, the Convention shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                               Article 52

    The Secretary-General of the United Nations shall inform 
all States belonging to any of the four categories mentioned in 
Article 48:
          (a) of signatures to the present Convention and of 
        the deposit of instruments of ratification or 
        accession, in accordance with Articles 48, 49 and 50;
          (b) of the date on which the present Convention will 
        enter into force, in accordance with Article 51.

                               Article 53

    The original of the present Convention, of which the 
Chinese, English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States belonging to any of the four categories mentioned in 
Article 48.

    In witness whereof the undersigned Plenipotentiaries, being 
duly authorized thereto by their respective Governments, have 
signed the present Convention.

    Done at Vienna, this eighteenth day of April one thousand 
nine hundred and sixty-one.

  Optional Protocol to the Vienna Convention on Diplomatic Relations, 
                 Concerning Acquisition of Nationality

                    Done at Vienna, April 18, 1961.

    The States Parties to the present Protocol and to the 
Vienna Convention on Diplomatic Relations, hereinafter referred 
to as ``the Convention'', adopted by the United Nations 
Conference held at Vienna from 2 March to 14 April 1961,
    Expressing their wish to establish rules between them 
concerning acquisition of nationality by the members of their 
diplomatic missions and of the families forming part of the 
household of those members,
    Have agreed as follows:

                               Article I

    For the purpose of the present Protocol, the expression 
``members of the mission'' shall have the meaning assigned to 
it in Article 1, sub-paragraph (b), of the Convention, namely 
``the head of the mission and the members of the staff of the 
mission''.

                               Article II

    Members of the mission not being nationals of the receiving 
State, and members of their families forming part of their 
household, shall not, solely by the operation of the law of the 
receiving State, acquire the nationality of that State.

                              Article III

    The present Protocol shall be open for signature by all 
States which may become Parties to the Convention, as follows: 
until 31 October 1961 at the Federal Ministry for Foreign 
Affairs of Austria and subsequently, until 31 March 1962, at 
the United Nations Headquarters in New York.

                               Article IV

    The present Protocol is subject to ratification. The 
instruments of ratification shall be deposited with the 
Secretary-General of the United Nations.

                               Article V

    The present Protocol shall remain open for accession by all 
States which may become Parties to the Convention. The 
instruments of accession shall be deposited with the Secretary-
General of the United Nations.

                               Article VI

    1. The present Protocol shall enter into force on the same 
day as the Convention or on the thirtieth day following the 
date of deposit of the second instrument of ratification or 
accession to the Protocol with the Secretary-General of the 
United Nations, whichever date is the later.
    2. For each State ratifying or acceding to the present 
Protocol after its entry into force in accordance with 
paragraph 1 of this Article, the Protocol shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                              Article VII

    The Secretary-General of the United Nations shall inform 
all States which may become Parties to the Convention:
          (a) of signatures to the present Protocol and of the 
        deposit of instruments of ratification or accession, in 
        accordance with Articles III, IV and V;
          (b) of the date on which the present Protocol will 
        enter into force, in accordance with Article VI.

                              Article VIII

    The original of the present Protocol, of which the Chinese, 
English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States referred to in Article III.

    In witness whereof the undersigned Plenipotentiaries, being 
duly authorized thereto by their respective Governments, have 
signed the present Protocol.

    Done at Vienna, this eighteenth day of April one thousand 
nine hundred and sixty-one.

  Optional Protocol to the Vienna Convention on Diplomatic Relations, 
          Concerning the Compulsory Settlement of Disputes \2\

  Done at Vienna, April 18, 1961; Entered into force April 24, 1964; 
       Entered into force for the United States December 13, 1972

    The States Parties to the present Protocol and to the 
Vienna Convention on Diplomatic Relations, hereinafter referred 
to as ``the Convention'', adopted by the United Nations 
Conference held at Vienna from 2 March to 14 April 1961,
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    Expressing their wish to resort in all matters concerning 
them in respect of any dispute arising out of the 
interpretation or application of the Convention to the 
compulsory jurisdiction of the International Court of Justice, 
unless some other form of settlement has been agreed upon by 
the parties within a reasonable period,
    Have agreed as follows:

                               Article I

    Disputes arising out of the interpretation or application 
of the Convention shall lie within the compulsory jurisdiction 
of the International Court of Justice and may accordingly be 
brought before the Court by an application made by any party to 
the dispute being a Party to the present Protocol.

                               Article II

    The parties may agree, within a period of two months after 
one party has notified its opinion to the other that a dispute 
exists, to resort not to the International Court of Justice but 
to an arbitral tribunal. After the expiry of the said period, 
either party may bring the dispute before the Court by an 
application.

                              Article III

    1. Within the same period of two months, the parties may 
agree to adopt a conciliation procedure before resorting to the 
International Court of Justice.
    2. The conciliation commission shall make its 
recommendations within five months after its appointment. If 
its recommendations are not accepted by the parties to the 
dispute within two months after they have been delivered, 
either party may bring the dispute before the Court by an 
application.

                               Article IV

    States Parties to the Convention, to the Optional Protocol 
concerning Acquisition of Nationality, and to the present 
Protocol may at any time declare that they will extend the 
provisions of the present Protocol to disputes arising out of 
the interpretation or application of the Optional Protocol 
concerning Acquisition of Nationality. Such declarations shall 
be notified to the Secretary-General of the United Nations.

                               Article V

    The present Protocol shall be open for signature by all 
States which may become Parties to the Convention, as follows: 
until 31 October 1961 at the Federal Ministry for Foreign 
Affairs of Austria and subsequently, until 31 March 1962, at 
the United Nations Headquarters in New York.

                               Article VI

    The present Protocol is subject to ratification. The 
instruments of ratification shall be deposited with the 
Secretary-General of the United Nations.

                              Article VII

    The present Protocol shall remain open for accession by all 
States which may become Parties to the Convention. The 
instruments of accession shall be deposited with the Secretary-
General of the United Nations.

                              Article VIII

    1. The present Protocol shall enter into force on the same 
day as the Convention or on the thirtieth day following the 
date of deposit of the second instrument of ratification or 
accession to the Protocol with the Secretary-General of the 
United Nations, whichever day is the later.
    2. For each State ratifying or acceding to the present 
Protocol after its entry into force in accordance with 
paragraph 1 of this Article, the Protocol shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                               Article IX

    The Secretary-General of the United Nations shall inform 
all States which may become Parties to the Convention:
          (a) of signatures to the present Protocol and of the 
        deposit of instruments of ratification or accession, in 
        accordance with Articles V, VI and VII;
          (b) of declarations made in accordance with Article 
        IV of the present Protocol;
          (c) of the date on which the present Protocol will 
        enter into force, in accordance with Article VIII.

                               Article X

    The original of the present Protocol, of which the Chinese, 
English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States referred to in Article V.

    In witness whereof the undersigned Plenipotentiaries, being 
duly authorized thereto by their respective Governments, have 
signed the present Protocol.
 3. Vienna Convention on Consular Relations and Optional Protocols \1\

   Done at Vienna April 24, 1963; Entered into force March 19, 1967; 
       Entered into force for the United States December 24, 1969

    The States Parties to the present Convention,
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    Recalling that consular relations have been established 
between peoples since ancient times,
    Having in mind the Purposes and Principles of the Charter 
of the United Nation concerning the sovereign equality of 
States, the maintenance of international peace and security, 
and the promotion of friendly relations among nations,
    Considering that the United Nations Conference on 
Diplomatic Intercourse and Immunities adopted the Vienna 
Convention on Diplomatic Relations which was opened for 
signature on 18 April 1961,
    Believing that an international convention on consular 
relations, privileges and immunities would also contribute to 
the development of friendly relations among nations, 
irrespective of their differing constitutional and social 
systems,
    Realizing that the purpose of such privileges and 
immunities is not to benefit individuals but to ensure the 
efficient performance of functions by consular posts on behalf 
of their respective States,
    Affirming that the rules of customary international law 
continue to govern matters not expressly regulated by the 
provisions of the present Convention,
    Have agreed as follows:

                               Article 1

                              Definitions

    1. For the purposes of the present Convention, the 
following expressions shall have the meanings hereunder 
assigned to them:
          (a) ``consular post'' means any consulate-general, 
        consulate, vice-consulate or consular agency;
          (b) ``consular district'' means the area assigned to 
        a consular post for the exercise of consular functions;
          (c) ``head of consular post'' means the person 
        charged with the duty of acting in that capacity;
          (d) ``consular officer'' means any person, including 
        the head of a consular post, entrusted in that capacity 
        with the exercise of consular functions;
          (e) ``consular employee'' means any person employed 
        in the administrative or technical service of a 
        consular post;
          (f) ``member of the service staff'' means any person 
        employed in the domestic service of a consular post;
          (g) ``members of the consular post'' means consular 
        officers, consular employees and members of the service 
        staff;
          (h) ``members of the consular staff'' means consular 
        officers, other than the head of a consular post, 
        consular employees and members of the service staff;
          (i) ``member of the private staff'' means a person 
        who is employed exclusively in the private service of a 
        member of the consular post;
          (j) ``consular premises'' means the buildings or 
        parts of buildings and the land ancillary thereto, 
        irrespective of ownership, used exclusively for the 
        purposes of the consular post;
          (k) ``consular archives'' includes all the papers, 
        documents, correspondence, books, films, tapes and 
        registers of the consular post, together with the 
        ciphers and codes, the card-indexes and any article of 
        furniture intended for their protection or safekeeping.
    2. Consular officers are of two categories, namely career 
consular officers and honorary consular officers. The 
provisions of Chapter II of the present Convention apply to 
consular posts headed by career consular officers; the 
provisions of Chapter III govern consular posts headed by 
honorary consular officers.
    3. The particular status of members of the consular posts 
who are nationals or permanent residents of the receiving State 
is governed by Article 71 of the present Convention.

                               Chapter I

                     Consular Relations in General

                               section i

            establishment and conduct of consular relations

                               Article 2

                  Establishment of consular relations

    1. The establishment of consular relations between States 
takes place by mutual consent.
    2. The consent given to the establishment of diplomatic 
relations between two States implies, unless otherwise stated, 
consent to the establishment of consular relations.
    3. The severance of diplomatic relations shall not ipso 
facto involve the severance of consular relations.

                               Article 3

                     Exercise of consular functions

    Consular functions are exercised by consular posts. They 
are also exercised by diplomatic missions in accordance with 
the provisions of the present Convention.

                               Article 4

                    Establishment of a consular post

    1. A consular post may be established in the territory of 
the receiving State only with that State's consent.
    2. The seat of the consular post, its classification and 
the consular district shall be established by the sending State 
and shall be subject to the approval of the receiving State.
    3. Subsequent changes in the seat of the consular post, its 
classification or the consular district may be made by the 
sending State only with the consent of the receiving State.
    4. The consent of the receiving State shall also be 
required if a consulate-general or a consulate desires to open 
a vice-consulate or a consular agency in a locality other than 
that in which it is itself established.
    5. The prior express consent of the receiving State shall 
also be required for the opening of an office forming part of 
an existing consular post elsewhere than at the seat thereof.

                               Article 5

                           Consular functions

    Consular functions consist in:
          (a) protecting in the receiving State the interests 
        of the sending State and of its nationals, both 
        individuals and bodies corporate, within the limits 
        permitted by international law;
          (b) furthering the development of commercial, 
        economic, cultural and scientific relations between the 
        sending State and the receiving State and otherwise 
        promoting friendly relations between them in accordance 
        with the provisions of the present Convention;
          (c) ascertaining by all lawful means conditions and 
        developments in the commercial, economic, cultural and 
        scientific life of the receiving State, reporting 
        thereon to the Government of the sending State and 
        giving information to persons interested;
          (d) issuing passports and travel documents to 
        nationals of the sending State, and visas or 
        appropriate documents to persons wishing to travel to 
        the sending State;
          (e) helping and assisting nationals, both individuals 
        and bodies corporate, of the sending State;
          (f) acting as notary and civil registrar and in 
        capacities of a similar kind, and performing certain 
        functions of an administrative nature, provided that 
        there is nothing contrary thereto in the laws and 
        regulations of the receiving State;
          (g) safeguarding the interests of nationals, both 
        individuals and bodies corporate, of the sending State 
        in cases of succession mortis causa in the territory of 
        the receiving State, in accordance with the laws and 
        regulations of the receiving State;
          (h) safeguarding, within the limits imposed by the 
        laws and regulations of the receiving State, the 
        interests of minors and other persons lacking full 
        capacity who are nationals of the sending State, 
        particularly where any guardianship or trusteeship is 
        required with respect to such persons;
          (i) subject to the practices and procedures obtaining 
        in the receiving State, representing or arranging 
        appropriate representation for nationals of the sending 
        State before the tribunals and other authorities of the 
        receiving State, for the purpose of obtaining, in 
        accordance with the laws and regulations of the 
        receiving State, provisional measures for the 
        preservation of the rights and interests of these 
        nationals, where, because of absence or any other 
        reason, such nationals are unable at the proper time to 
        assume the defence of their rights and interests;
          (j) transmitting judicial and extrajudicial documents 
        or executing letters rogatory or commissions to take 
        evidence for the courts of the sending State in 
        accordance with international agreements in force or, 
        in the absence of such international agreements, in any 
        other manner compatible with the laws and regulations 
        of the receiving State;
          (k) exercising rights of supervision and inspection 
        provided for in the laws and regulations of the sending 
        State in respect of vessels having the nationality of 
        the sending State, and of aircraft registered in that 
        State, and in respect of their crews;
          (l) extending assistance to vessels and aircraft 
        mentioned in sub-paragraph (k) of this Article and to 
        their crews, taking statements regarding the voyage of 
        a vessel, examining and stamping the ship's papers, 
        and, without prejudice to the powers of the authorities 
        of the receiving State, conducting investigations into 
        any incidents which occurred during the voyage, and 
        settling disputes of any kind between the master, the 
        officers and the seamen in so far as this may be 
        authorized by the laws and regulations of the sending 
        State;
          (m) performing any other functions entrusted to a 
        consular post by the sending State which are not 
        prohibited by the laws and regulations of the receiving 
        State or to which no objection is taken by the 
        receiving State or which are referred to in the 
        international agreements in force between the sending 
        State and the receiving State.

                               Article 6

      Exercise of consular functions outside the consular district

    A consular officer may, in special circumstances, with the 
consent of the receiving State, exercise his functions outside 
his consular district.

                               Article 7

            Exercise of consular functions in a third state

    The sending State may, after notifying the States 
concerned, entrust a consular post established in a particular 
State with the exercise of consular functions in another State, 
unless there is express objection by one of the States 
concerned.

                               Article 8

       Exercise of consular functions on behalf of a third state

    Upon appropriate notification to the receiving State, a 
consular post of the sending State may, unless the receiving 
State objects, exercise consular functions in the receiving 
State on behalf of a third State.

                               Article 9

                   Classes of heads of consular posts

    1. Heads of consular posts are divided into four classes, 
namely:
          (a) consuls-general;
          (b) consuls;
          (c) vice-consuls;
          (d) consular agents.
    2. Paragraph 1 of this Article in no way restricts the 
right of any of the Contracting Parties to fix the designation 
of consular officers other than the heads of consular posts.

                               Article 10

          Appointment and admission of heads of consular posts

    1. Heads of consular posts are appointed by the sending 
State and are admitted to the exercise of their functions by 
the receiving State.
    2. Subject to the provisions of the present Convention, the 
formalities for the appointment and for the admission of the 
head of a consular post are determined by the laws, regulations 
and usages of the sending State and of the receiving State 
respectively.

                               Article 11

         The consular commission or notification of appointment

    1. The head of a consular post shall be provided by the 
sending State with a document, in the form of a commission or 
similar instrument, made out for each appointment, certifying 
his capacity and showing, as a general rule, his full name, his 
category and class, the consular district and the seat of the 
consular post.
    2. The sending State shall transmit the commission or 
similar instrument through the diplomatic or other appropriate 
channel to the Government of the State in whose territory the 
head of a consular post is to exercise his functions.
    3. If the receiving State agrees, the sending State may, 
instead of a commission or similar instrument, send to the 
receiving State a notification containing the particulars 
required by paragraph 1 of this Article.

                               Article 12

                             The exequatur

    1. The head of a consular post is admitted to the exercise 
of his functions by an authorization from the receiving State 
termed an exequatur, whatever the form of this authorization.
    2. A State which refuses to grant an exequatur is not 
obliged to give to the sending State reasons for such refusal.
    3. Subject to the provisions of Articles 13 and 15, the 
head of a consular post shall not enter upon his duties until 
he has received an exequatur.

                               Article 13

            Provisional admission of heads of consular posts

    Pending delivery of the exequatur, the head of a consular 
post may be admitted on a provisional basis to the exercise of 
his functions. In that case, the provisions of the present 
Convention shall apply.

                               Article 14

        Notification to the authorities of the consular district

    As soon as the head of a consular post is admitted even 
provisionally to the exercise of his functions, the receiving 
State shall immediately notify the competent authorities of the 
consular district. It shall also ensure that the necessary 
measures are taken to enable the head of a consular post to 
carry out the duties of his office and to have the benefit of 
the provisions of the present Convention.

                               Article 15

   Temporary exercise of the functions of the head of a consular post

    1. If the head of a consular post is unable to carry out 
his functions or the position of head of consular post is 
vacant, an acting head of post may act provisionally as head of 
the consular post.
    2. The full name of the acting head of post shall be 
notified either by the diplomatic mission of the sending State 
or, if that State has no such mission in the receiving State, 
by the head of the consular post, or, if he is unable to do so, 
by any competent authority of the sending State, to the 
Ministry for Foreign Affairs of the receiving State or to the 
authority designated by that Ministry. As a general rule, this 
notification shall be given in advance. The receiving State may 
make the admission as acting head of post of a person who is 
neither a diplomatic agent nor a consular officer of the 
sending State in the receiving State conditional on its 
consent.
    3. The competent authorities of the receiving State shall 
afford assistance and protection to the acting head of post. 
While he is in charge of the post, the provisions of the 
present Convention shall apply to him on the same basis as to 
the head of the consular post concerned. The receiving State 
shall not, however, be obliged to grant to an acting head of 
post any facility, privilege or immunity which the head of the 
consular post enjoys only subject to conditions not fulfilled 
by the acting head of post.
    4. When, in the circumstances referred to in paragraph 1 of 
this Article, a member of the diplomatic staff of the 
diplomatic mission of the sending State in the receiving State 
is designated by the sending State as an acting head of post, 
he shall, if the receiving State does not object thereto, 
continue to enjoy diplomatic privileges and immunities.

                               Article 16

             Precedence as between heads of consular posts

    1. Heads of consular posts shall rank in each class 
according to the date of the grant of the exequatur.
    2. If, however, the head of a consular post before 
obtaining the exequatur is admitted to the exercise of his 
functions provisionally, his precedence shall be determined 
according to the date of the provisional admission; this 
precedence shall be maintained after the granting of the 
exequatur.
    3. The order of precedence as between two or more heads of 
consular posts who obtained the exequatur or provisional 
admission on the same date shall be determined according to the 
dates on which their commissions or similar instruments or the 
notifications referred to in paragraph 3 of Article 11 were 
presented to the receiving State.
    4. Acting heads of posts shall rank after all heads of 
consular posts and, as between themselves, they shall rank 
according to the dates on which they assumed their functions as 
acting heads of posts as indicated in the notifications given 
under paragraph 2 of Article 15.
    5. Honorary consular officers who are heads of consular 
posts shall rank in each class after career heads of consular 
posts, in the order and according to the rules laid down in the 
foregoing paragraphs.
    6. Heads of consular posts shall have precedence over 
consular officers not having that status.

                               Article 17

          Performance of diplomatic acts by consular officers

    1. In a State where the sending State has no diplomatic 
mission and is not represented by a diplomatic mission of a 
third State, a consular officer may, with the consent of the 
receiving State, and without affecting his consular status, be 
authorized to perform diplomatic acts. The performance of such 
acts by a consular officer shall not confer upon him any right 
to claim diplomatic privileges and immunities.
    2. A consular officer may, after notification addressed to 
the receiving State, act as representative of the sending State 
to any inter-governmental organization. When so acting, he 
shall be entitled to enjoy any privileges and immunities 
accorded to such a representative by customary international 
law or by international agreements; however, in respect of the 
performance by him of any consular function, he shall not be 
entitled to any greater immunity from jurisdiction than that to 
which a consular officer is entitled under the present 
Convention.

                               Article 18

  Appointment of the same person by two or more states as a consular 
                                officer

    Two or more States may, with the consent of the receiving 
State, appoint the same person as a consular officer in that 
State.

                               Article 19

                Appointment of members of consular staff

    1. Subject to the provisions of Articles 20, 22 and 23, the 
sending State may freely appoint the members of the consular 
staff.
    2. The full name, category and class of all consular 
officers, other than the head of a consular post, shall be 
notified by the sending State to the receiving State in 
sufficient time for the receiving State, if it so wishes, to 
exercise its rights under paragraph 3 of Article 23.
    3. The sending State may, if required by its laws and 
regulations, request the receiving State to grant an exequatur 
to a consular officer other than the head of a consular post.
    4. The receiving State may, if required by its laws and 
regulations, grant an exequatur to a consular officer other 
than the head of a consular post.

                               Article 20

                       Size of the consular staff

    In the absence of an express agreement as to the size of 
the consular staff, the receiving State may require that the 
size of the staff be kept within limits considered by it to be 
reasonable and normal, having regard to circumstances and 
conditions in the consular district and to the needs of the 
particular post.

                               Article 21

       Precedence as between consular officers of a consular post

    The order of precedence as between the consular officers of 
a consular post and any change thereof shall be notified by the 
diplomatic mission of the sending State or, if that State has 
no such mission in the receiving State, by the head of the 
consular post, to the Ministry for Foreign Affairs of the 
receiving State or to the authority designated by that 
Ministry.

                               Article 22

                    Nationality of consular officers

    1. Consular officers should, in principle, have the 
nationality of the sending State.
    2. Consular officers may not be appointed from among 
persons having the nationality of the receiving State except 
with the express consent of that State which may be withdrawn 
at any time.
    3. The receiving State may reserve the same right with 
regard to nationals of a third State who are not also nationals 
of the sending State.

                               Article 23

                     Persons declared ``non grata''

    1. The receiving State may at any time notify the sending 
State that a consular officer is persona non grata or that any 
other member of the consular staff is not acceptable. In that 
event, the sending State shall, as the case may be, either 
recall the person concerned or terminate his functions with the 
consular post.
    2. If the sending State refuses or fails within a 
reasonable time to carry out its obligations under paragraph 1 
of this Article, the receiving State may, as the case may be, 
either withdraw the exequatur from the person concerned or 
cease to consider him as a member of the consular staff.
    3. A person appointed as a member of a consular post may be 
declared unacceptable before arriving in the territory of the 
receiving State or, if already in the receiving State, before 
entering on his duties with the consular post. In any such 
case, the sending State shall withdraw his appointment.
    4. In the cases mentioned in paragraphs 1 and 3 of this 
Article, the receiving State is not obliged to give to the 
sending State reasons for its decision.

                               Article 24

   Notification of the receiving state of appointments, arrivals and 
                               departures

    1. The Ministry for Foreign Affairs of the receiving State 
or the authority designated by that Ministry shall be notified 
of:
          (a) the appointment of members of a consular post, 
        their arrival after appointment to the consular post, 
        their final departure or the termination of their 
        functions and any other changes affecting their status 
        that may occur in the course of their service with the 
        consular post;
          (b) the arrival and final departure of a person 
        belonging to the family of a member of a consular post 
        forming part of his household and, where appropriate, 
        the fact that a person becomes or ceases to be such a 
        member of the family;
          (c) the arrival and final departure of members of the 
        private staff and, where appropriate, the termination 
        of their service as such;
          (d) the engagement and discharge of persons resident 
        in the receiving State as members of a consular post or 
        as members of the private staff entitled to privileges 
        and immunities.
    2. When possible, prior notification of arrival and final 
departure shall also be given.

                               section ii

                       end of consular functions

                               Article 25

      Termination of the functions of a member of a consular post

    The functions of a member of a consular post shall come to 
an end inter alia:
          (a) on notification by the sending State to the 
        receiving State that his functions have come to an end;
          (b) on withdrawal of the exequatur;
          (c) on notification by the receiving State to the 
        sending State that the receiving State has ceased to 
        consider him as a member of the consular staff.

                               Article 26

          Departure from the territory of the receiving state

    The receiving State shall, even in case of armed conflict, 
grant to members of the consular post and members of the 
private staff, other than nationals of the receiving State, and 
to members of their families forming part of their households 
irrespective of nationality, the necessary time and facilities 
to enable them to prepare their departure and to leave at the 
earliest possible moment after the termination of the functions 
of the members concerned. In particular, it shall, in case of 
need, place at their disposal the necessary means of transport 
for themselves and their property other than property acquired 
in the receiving State the export of which is prohibited at the 
time of departure.

                               Article 27

 Protection of consular premises and archives and of the interests of 
             the sending state in exceptional circumstances

    1. In the event of the severance of consular relations 
between two States:
          (a) the receiving State shall, even in case of armed 
        conflict, respect and protect the consular premises, 
        together with the property of the consular post and the 
        consular archives;
          (b) the sending State may entrust the custody of the 
        consular premises, together with the property contained 
        therein and the consular archives, to a third State 
        acceptable to the receiving State;
          (c) the sending State may entrust the protection of 
        its interests and those of its nationals to a third 
        State acceptable to the receiving State.
    2. In the event of the temporary or permanent closure of a 
consular post, the provisions of sub-paragraph (a) of paragraph 
1 of this Article shall apply. In addition,
          (a) if the sending State, although not represented in 
        the receiving State by a diplomatic mission, has 
        another consular post in the territory of that State, 
        that consular post may be entrusted with the custody of 
        the premises of the consular post which has been 
        closed, together with the property contained therein 
        and the consular archives, and, with the consent of the 
        receiving State, with the exercise of consular 
        functions in the district of that consular post; or
          (b) if the sending State has no diplomatic mission 
        and no other consular post in the receiving State, the 
        provisions of sub-paragraphs (b) and (c) of paragraph 1 
        of this Article shall apply.

                               Chapter II

   Facilities, Privileges and Immunities Relating to Consular Posts, 
     Career Consular Officers and Other Members of a Consular Post

                               section i

   facilities, privileges and immunities relating to a consular post

                               Article 28

              Facilities for the work of the consular post

    The receiving State shall accord full facilities for the 
performance of the functions of the consular post.

                               Article 29

                 Use of national flag and coat-of-arms

    1. The sending State shall have the right to the use of its 
national flag and coat-of-arms in the receiving State in 
accordance with the provisions of this Article.
    2. The national flag of the sending State may be flown and 
its coat-of-arms displayed on the building occupied by the 
consular post and at the entrance door thereof, on the 
residence of the head of the consular post and on his means of 
transport when used on official business.
    3. In the exercise of the right accorded by this Article 
regard shall be had to the laws, regulations and usages of the 
receiving State.

                               Article 30

                             Accommodation

    1. The receiving State shall either facilitate the 
acquisition on its territory, in accordance with its laws and 
regulations, by the sending State of premises necessary for its 
consular post or assist the latter in obtaining accommodation 
in some other way.
    2. It shall also, where necessary, assist the consular post 
in obtaining suitable accommodation for its members.

                               Article 31

                 Inviolability of the consular premises

    1. Consular premises shall be inviolable to the extent 
provided in this Article.
    2. The authorities of the receiving State shall not enter 
that part of the consular premises which is used exclusively 
for the purpose of the work of the consular post except with 
the consent of the head of the consular post or of his designee 
or of the head of the diplomatic mission of the sending State. 
The consent of the head of the consular post may, however, be 
assumed in case of fire or other disaster requiring prompt 
protective action.
    3. Subject to the provisions of paragraph 2 of this 
Article, the receiving State is under a special duty to take 
all appropriate steps to protect the consular premises against 
any intrusion or damage and to prevent any disturbance of the 
peace of the consular post or impairment of its dignity.
    4. The consular premises, their furnishings, the property 
of the consular post and its means of transport shall be immune 
from any form of requisition for purposes of national defence 
or public utility. If expropriation is necessary for such 
purposes, all possible steps shall be taken to avoid impeding 
the performance of consular functions, and prompt, adequate and 
effective compensation shall be paid to the sending State.

                               Article 32

              Exemption from taxation of consular premises

    1. Consular premises and the residence of the career head 
of consular post of which the sending State or any person 
acting on its behalf is the owner or lessee shall be exempt 
from all national, regional or municipal dues and taxes 
whatsoever, other than such as represent payment for specific 
services rendered.
    2. The exemption from taxation referred to in paragraph 1 
of this Article shall not apply to such dues and taxes if, 
under the law of the receiving State, they are payable by the 
person who contracted with the sending State or with the person 
acting on its behalf.

                               Article 33

          Inviolability of the consular archives and documents

    The consular archives and documents shall be inviolable at 
all times and wherever they may be.

                               Article 34

                          Freedom of movement

    Subject to its laws and regulations concerning zones entry 
into which is prohibited or regulated for reasons of national 
security, the receiving State shall ensure freedom of movement 
and travel in its territory to all members of the consular 
post.

                               Article 35

                       Freedom of communications

    1. The receiving State shall permit and protect freedom of 
communication on the part of the consular post for all official 
purposes. In communicating with the Government, the diplomatic 
missions and other consular posts, wherever situated, of the 
sending State, the consular post may employ all appropriate 
means, including diplomatic or consular couriers, diplomatic or 
consular bags and messages in code or cipher. However, the 
consular post may install and use a wireless transmitter only 
with the consent of the receiving State.
    2. The official correspondence of the consular post shall 
be inviolable. Official correspondence means all correspondence 
relating to the consular post and its functions.
    3. The consular bag shall be neither opened nor detained. 
Nevertheless, if the competent authorities of the receiving 
State have serious reason to believe that the bag contains 
something other than the correspondence, documents or articles 
referred to in paragraph 4 of this Article, they may request 
that the bag be opened in their presence by an authorized 
representative of the sending State. If this request is refused 
by the authorities of the sending State, the bag shall be 
returned to its place of origin.
    4. The packages constituting the consular bag shall bear 
visible external marks of their character and may contain only 
official correspondence and documents or articles intended 
exclusively for official use.
    5. The consular courier shall be provided with an official 
document indicating his status and the number of packages 
constituting the consular bag. Except with the consent of the 
receiving State he shall be neither a national of the receiving 
State, nor, unless he is a national of the sending State, a 
permanent resident of the receiving State. In the performance 
of his functions he shall be protected by the receiving State. 
He shall enjoy personal inviolability and shall not be liable 
to any form of arrest or detention.
    6. The sending State, its diplomatic missions and its 
consular posts may designate consular couriers ad hoc. In such 
cases the provisions of paragraph 5 of this Article shall also 
apply except that the immunities therein mentioned shall cease 
to apply when such a courier has delivered to the consignee the 
consular bag in his charge.
    7. A consular bag may be entrusted to the captain of a ship 
or of a commercial aircraft scheduled to land at an authorized 
port of entry. He shall be provided with an official document 
indicating the number of packages constituting the bag, but he 
shall not be considered to be a consular courier. By 
arrangement with the appropriate local authorities, the 
consular post may send one of its members to take possession of 
the bag directly and freely from the captain of the ship or of 
the aircraft.

                               Article 36

      Communication and contact with national of the sending state

    1. With a view to facilitating the exercise of consular 
functions relating to nationals of the sending State:
          (a) consular officers shall be free to communicate 
        with nationals of the sending State and to have access 
        to them. Nationals of the sending State shall have the 
        same freedom with respect to communication with and 
        access to consular officers of the sending State;
          (b) if he so requests, the competent authorities of 
        the receiving State shall, without delay, inform the 
        consular post of the sending State if, within its 
        consular district, a national of that State is arrested 
        or committed to prison or to custody pending trial or 
        is detained in any other manner. Any communication 
        addressed to the consular post by the person arrested, 
        in prison, custody or detention shall also be forwarded 
        by the said authorities without delay. The said 
        authorities shall inform the person concerned without 
        delay of his rights under this sub-paragraph;
          (c) consular officers shall have the right to visit a 
        national of the sending State who is in prison, custody 
        or detention, to converse and correspond with him and 
        to arrange for his legal representation. They shall 
        also have the right to visit any national of the 
        sending State who is in prison, custody or detention in 
        their district in pursuance of a judgment. 
        Nevertheless, consular officers shall refrain from 
        taking action on behalf of a national who is in prison, 
        custody or detention if he expressly opposes such 
        action.
    2. The rights referred to in paragraph 1 of this Article 
shall be exercised in conformity with the laws and regulations 
of the receiving State, subject to the proviso, however, that 
the said laws and regulations must enable full effect to be 
given to the purposes for which the rights accorded under this 
Article are intended.

                               Article 37

Information in cases of deaths, guardianship or trusteeship, wrecks and 
                             air accidents

    If the relevant information is available to the competent 
authorities of the receiving State, such authorities shall have 
the duty:
          (a) in the case of the death of a national of the 
        sending State, to inform without delay the consular 
        post in whose district the death occurred;
          (b) to inform the competent consular post without 
        delay of any case where the appointment of a guardian 
        or trustee appears to be in the interests of a minor or 
        other person lacking full capacity who is a national of 
        the sending State. The giving of this information 
        shall, however, be without prejudice to the operation 
        of the laws and regulations of the receiving State 
        concerning such appointments;
          (c) if a vessel, having the nationality of the 
        sending State, is wrecked or runs aground in the 
        territorial sea or internal waters of the receiving 
        State, or if an aircraft registered in the sending 
        State suffers an accident on the territory of the 
        receiving State, to inform without delay the consular 
        post nearest to the scene of the occurrence.

                               Article 38

       Communication with the authorities of the receiving state

    In the exercise of their functions, consular officers may 
address:
          (a) the competent local authorities of their consular 
        district;
          (b) the competent central authorities of the 
        receiving State if and to the extent that this is 
        allowed by the laws, regulations and usages of the 
        receiving State or by the relevant international 
        agreements.

                               Article 39

                       Consular fees and charges

    1. The consular post may levy in the territory of the 
receiving State the fees and charges provided by the laws and 
regulations of the sending State for consular acts.
    2. The sums collected in the form of the fees and charges 
referred to in paragraph 1 of this Article, and the receipts 
for such fees and charges, shall be exempt from all dues and 
taxes in the receiving State.

                               section ii

   facilities, privileges and immunities relating to career consular 
             officers and other members of a consular post

                               Article 40

                    Protection of consular officers

    The receiving State shall treat consular officers with due 
respect and shall take all appropriate steps to prevent any 
attack on their person, freedom or dignity.

                               Article 41

              Personal inviolability of consular officers

    1. Consular officers shall not be liable to arrest or 
detention pending trial, except in the case of a grave crime 
and pursuant to a decision by the competent judicial authority.
    2. Except in the case specified in paragraph 1 of this 
Article, consular officers shall not be committed to prison or 
liable to any other form of restriction on their personal 
freedom save in execution of a judicial decision of final 
effect.
    3. If criminal proceedings are instituted against a 
consular officer, he must appear before the competent 
authorities. Nevertheless, the proceedings shall be conducted 
with the respect due to him by reason of his official position 
and, except in the case specified in paragraph 1 of this 
Article, in a manner which will hamper the exercise of consular 
functions as little as possible. When, in the circumstances 
mentioned in paragraph 1 of this Article, it has become 
necessary to detain a consular officer, the proceedings against 
him shall be instituted with the minimum of delay.

                               Article 42

            Notification of arrest, detention or prosecution

    In the event of the arrest or detention, pending trial, of 
a member of the consular staff, or of criminal proceedings 
being instituted against him, the receiving State shall 
promptly notify the head of the consular post. Should the 
latter be himself the object of any such measure, the receiving 
State shall notify the sending State through the diplomatic 
channel.

                               Article 43

                       Immunity from jurisdiction

    1. Consular officers and consular employees shall not be 
amenable to the jurisdiction of the judicial or administrative 
authorities of the receiving State in respect of acts performed 
in the exercise of consular functions.
    2. The provisions of paragraph 1 of this Article shall not, 
however, apply in respect of a civil action either:
          (a) arising out of a contract concluded by a consular 
        officer or a consular employee in which he did not 
        contract expressly or impliedly as an agent of the 
        sending State; or
          (b) by a third party for damage arising from an 
        accident in the receiving State caused by a vehicle, 
        vessel or aircraft.

                               Article 44

                       Liability to give evidence

    1. Members of a consular post may be called upon to attend 
as witnesses in the course of judicial or administrative 
proceedings. A consular employee or a member of the service 
staff shall not, except in the cases mentioned in paragraph 3 
of this Article, decline to give evidence. If a consular 
officer should decline to do so, no coercive measure or penalty 
may be applied to him.
    2. The authority requiring the evidence of a consular 
officer shall avoid interference with the performance of his 
functions. It may, when possible, take such evidence at his 
residence or at the consular post or accept a statement from 
him in writing.
    3. Members of a consular post are under no obligation to 
give evidence concerning matters connected with the exercise of 
their functions or to produce official correspondence and 
documents relating thereto. They are also entitled to decline 
to give evidence as expert witnesses with regard to the law of 
the sending State.

                               Article 45

                  Waiver of privileges and immunities

    1. The sending State may waive, with regard to a member of 
the consular post, any of the privileges and immunities 
provided for in Articles 41, 43 and 44.
    2. The waiver shall in all cases be express, except as 
provided in paragraph 3 of this Article, and shall be 
communicated to the receiving State in writing.
    3. The initiation of proceedings by a consular officer or a 
consular employee in a matter where he might enjoy immunity 
from jurisdiction under Article 43 shall preclude him from 
invoking immunity from jurisdiction in respect of any counter-
claim directly connected with the principal claim.
    4. The waiver of immunity from jurisdiction for the 
purposes of civil or administrative proceedings shall not be 
deemed to imply the waiver of immunity from the measures of 
execution resulting from the judicial decision; in respect of 
such measures, a separate waiver shall be necessary.

                               Article 46

      Exemption from registration of aliens and residence permits

    1. Consular officers and consular employees and members of 
their families forming part of their households shall be exempt 
from all obligations under the laws and regulations of the 
receiving State in regard to the registration of aliens and 
residence permits.
    2. The provisions of paragraph 1 of this Article shall not, 
however, apply to any consular employee who is not a permanent 
employee of the sending State or who carries on any private 
gainful occupation in the receiving State or to any member of 
the family of any such employee.

                               Article 47

                      Exemption from work permits

    1. Members of the consular post shall, with respect to 
services rendered for the sending State, be exempt from any 
obligations in regard to work permits imposed by the laws and 
regulations of the receiving State concerning the employment of 
foreign labour.
    2. Members of the private staff of consular officers and of 
consular employees shall, if they do not carry on any other 
gainful occupation in the receiving State, be exempt from the 
obligations referred to in paragraph 1 of this Article.

                               Article 48

                       Social security exemption

    1. Subject to the provisions of paragraph 3 of this 
Article, members of the consular post with respect to services 
rendered by them for the sending State, and members of their 
families forming part of their households, shall be exempt from 
social security provisions which may be in force in the 
receiving State.
    2. The exemption provided for in paragraph 1 of this 
Article shall apply also to members of the private staff who 
are in the sole employ of members of the consular post, on 
condition:
          (a) that they are not nationals of or permanently 
        resident in the receiving State; and
          (b) that they are covered by the social security 
        provisions which are in force in the sending State or a 
        third State.
    3. Members of the consular post who employ persons to whom 
the exemption provided for in paragraph 2 of this Article does 
not apply shall observe the obligations which the social 
security provisions of the receiving State impose upon 
employers.
    4. The exemption provided for in paragraphs 1 and 2 of this 
Article shall not preclude voluntary participation in the 
social security system of the receiving State, provided that 
such participation is permitted by that State.

                               Article 49

                        Exemption from taxation

    1. Consular officers and consular employees and members of 
their families forming part of their households shall be exempt 
from all dues and taxes, personal or real, national, regional 
or municipal, except:
          (a) indirect taxes of a kind which are normally 
        incorporated in the price of goods or services;
          (b) dues or taxes on private immovable property 
        situated in the territory of the receiving State, 
        subject to the provisions of Article 32;
          (c) estate, succession or inheritance duties, and 
        duties on transfers, levied by the receiving State, 
        subject to the provisions of paragraph (b) of Article 
        51;
          (d) dues and taxes on private income, including 
        capital gains, having its source in the receiving State 
        and capital taxes relating to investments made in 
        commercial or financial undertakings in the receiving 
        State;
          (e) charges levied for specific services rendered;
          (f) registration, court or record fees, mortgage dues 
        and stamp duties, subject to the provisions of Article 
        32.
    2. Members of the service staff shall be exempt from dues 
and taxes on the wages which they receive for their services.
    3. Members of the consular post who employ persons whose 
wages or salaries are not exempt from income tax in the 
receiving State shall observe the obligations which the laws 
and regulations of that State impose upon employers concerning 
the levying of income tax.

                               Article 50

              Exemption from customs duties and inspection

    1. The receiving State shall, in accordance with such laws 
and regulations as it may adopt, permit entry of and grant 
exemption from all customs duties, taxes, and related charges 
other than charges for storage, cartage and similar services, 
on:
          (a) articles for the official use of the consular 
        post;
          (b) articles for the personal use of a consular 
        officer or members of his family forming part of his 
        household, including articles intended for his 
        establishment. The articles intended for consumption 
        shall not exceed the quantities necessary for direct 
        utilization by the persons concerned.
    2. Consular employees shall enjoy the privileges and 
exemptions specified in paragraph 1 of this Article in respect 
of articles imported at the time of first installation.
    3. Personal baggage accompanying consular officers and 
members of their families forming part of their households 
shall be exempt from inspection. It may be inspected only if 
there is serious reason to believe that it contains articles 
other than those referred to in sub-paragraph (b) of paragraph 
1 of this Article, or articles the import or export of which is 
prohibited by the laws and regulations of the receiving State 
or which are subject to its quarantine laws and regulations. 
Such inspection shall be carried out in the presence of the 
consular officer or member of his family concerned.

                               Article 51

  Estate of a member of the consular post or of a member of his family

    In the event of the death of a member of the consular post 
or of a member of his family forming part of his household, the 
receiving State:
          (a) shall permit the export of the movable property 
        of the deceased, with the exception of any such 
        property acquired in the receiving State the export of 
        which was prohibited at the time of his death;
          (b) shall not levy national, regional or municipal 
        estate, succession or inheritance duties, and duties on 
        transfers, on movable property the presence of which in 
        the receiving State was due solely to the presence in 
        that State of the deceased as a member of the consular 
        post or as a member of the family of a member of the 
        consular post.

                               Article 52

           Exemption from personal services and contributions

    The receiving State shall exempt members of the consular 
post and members of their families forming part of their 
households from all personal services, from all public service 
of any kind whatsoever, and from military obligations such as 
those connected with requisitioning, military contributions and 
billeting.

                               Article 53

        Beginning and end of consular privileges and immunities

    1. Every member of the consular post shall enjoy the 
privileges and immunities provided in the present Convention 
from the moment he enters the territory of the receiving State 
on proceeding to take up his post or, if already in its 
territory, from the moment when he enters on his duties with 
the consular post.
    2. Members of the family of a member of the consular post 
forming part of his household and members of his private staff 
shall receive the privileges and immunities provided in the 
present Convention from the date from which he enjoys 
privileges and immunities in accordance with paragraph 1 of 
this Article or from the date of their entry into the territory 
of the receiving State or from the date of their becoming a 
member of such family or private staff, whichever is the 
latest.
    3. When the functions of a member of the consular post have 
come to an end, his privileges and immunities and those of a 
member of his family forming part of his household or a member 
of his private staff shall normally cease at the moment when 
the person concerned leaves the receiving State or on the 
expiry of a reasonable period in which to do so, whichever is 
the sooner, but shall subsist until that time, even in case of 
armed conflict. In the case of the persons referred to in 
paragraph 2 of this Article, their privileges and immunities 
shall come to an end when they cease to belong to the household 
or to be in the service of a member of the consular post 
provided, however, that if such persons intend leaving the 
receiving State within a reasonable period thereafter, their 
privileges and immunities shall subsist until the time of their 
departure.
    4. However, with respect to acts performed by a consular 
officer or a consular employee in the exercise of his 
functions, immunity from jurisdiction shall continue to subsist 
without limitation of time.
    5. In the event of the death of a member of the consular 
post, the members of his family forming part of his household 
shall continue to enjoy the privileges and immunities accorded 
to them until they leave the receiving State or until the 
expiry of a reasonable period enabling them to do so, whichever 
is the sooner.

                               Article 54

                      Obligations of third states

    1. If a consular officer passes through or is in the 
territory of a third State, which has granted him a visa if a 
visa was necessary, while proceeding to take up or return to 
his post or when returning to the sending State, the third 
State shall accord to him all immunities provided for by the 
other Articles of the present Convention as may be required to 
ensure his transit or return. The same shall apply in the case 
of any member of his family forming part of his household 
enjoying such privileges and immunities who are accompanying 
the consular officer or travelling separately to join him or to 
return to the sending State.
    2. In circumstances similar to those specified in paragraph 
1 of this Article, third States shall not hinder the transit 
through their territory of other members of the consular post 
or of members of their families forming part of their 
households.
    3. Third States shall accord to official correspondence and 
to other official communications in transit, including messages 
in code or cipher, the same freedom and protection as the 
receiving State is bound to accord under the present 
Convention. They shall accord to consular couriers who have 
been granted a visa, if a visa was necessary, and to consular 
bags in transit, the same inviolability and protection as the 
receiving State is bound to accord under the present 
Convention.
    4. The obligations of third States under paragraphs 1, 2 
and 3 of this Article shall also apply to the persons mentioned 
respectively in those paragraphs, and to official 
communications and to consular bags, whose presence in the 
territory of the third State is due to force majeure.

                               Article 55

      Respect for the laws and regulations of the receiving state

    1. Without prejudice to their privileges and immunities, it 
is the duty of all persons enjoying such privileges and 
immunities to respect the laws and regulations of the receiving 
State. They also have a duty not to interfere in the internal 
affairs of that State.
    2. The consular premises shall not be used in any manner 
incompatible with the exercise of consular functions.
    3. The provisions of paragraph 2 of this Article shall not 
exclude the possibility of offices of other institutions or 
agencies being installed in part of the building in which the 
consular premises are situated, provided that the premises 
assigned to them are separate from those used by the consular 
post. In that event, the said offices shall not, for the 
purposes of the present Convention, be considered to form part 
of the consular premises.

                               Article 56

                  Insurance against third party risks

    Members of the consular post shall comply with any 
requirement imposed by the laws and regulations of the 
receiving State in respect of insurance against third party 
risks arising from the use of any vehicle, vessel or aircraft.

                               Article 57

        Special provisions concerning private gainful occupation

    1. Career consular officers shall not carry on for personal 
profit any professional or commercial activity in the receiving 
State.
    2. Privileges and immunities provided in this Chapter shall 
not be accorded:
          (a) to consular employees or to members of the 
        service staff who carry on any private gainful 
        occupation in the receiving State;
          (b) to members of the family of a person referred to 
        in sub-paragraph (a) of this paragraph or to members of 
        his private staff;
          (c) to members of the family of a member of a 
        consular post who themselves carry on any private 
        gainful occupation in the receiving State.

                              Chapter III

Regime Relating to Honorary Consular Officers and Consular Posts Headed 
                            by Such Officers

                               Article 58

  General provision relating to facilities, privileges and immunities

    1. Articles 28, 29, 30, 34, 35, 36, 37, 38 and 39, 
paragraph 3 of Article 54 and paragraphs 2 and 3 of Article 55 
shall apply to consular posts headed by an honorary consular 
officer. In addition, the facilities, privileges and immunities 
of such consular posts shall be governed by Articles 59, 60, 61 
and 62.
    2. Articles 42 and 43, paragraph 3 of Article 44, Articles 
45 and 53 and paragraph 1 of Article 55 shall apply to honorary 
consular officers. In addition, the facilities, privileges and 
immunities of such consular officers shall be governed by 
Articles 63, 64, 65, 66 and 67.
    3. Privileges and immunities provided in the present 
Convention shall not be accorded to members of the family of an 
honorary consular officer or of a consular employee employed at 
a consular post headed by an honorary consular officer.
    4. The exchange of consular bags between two consular posts 
headed by honorary consular officers in different States shall 
not be allowed without the consent of the two receiving States 
concerned.

                               Article 59

                  Protection of the consular premises

    The receiving State shall take such steps as may be 
necessary to protect the consular premises of a consular post 
headed by an honorary consular officer against any intrusion or 
damage and to prevent any disturbance of the peace of the 
consular post or impairment of its dignity.

                               Article 60

              Exemption from taxation of consular premises

    1. Consular premises of a consular post headed by an 
honorary consular officer of which the sending State is the 
owner or lessee shall be exempt from all national, regional or 
municipal dues and taxes whatsoever, other than such as 
represent payment for specific services rendered.
    2. The exemption from taxation referred to in paragraph 1 
of this Article shall not apply to such dues and taxes if, 
under the laws and regulations of the receiving State, they are 
payable by the person who contracted with the sending State.

                               Article 61

            Inviolability of consular archives and documents

    The consular archives and documents of a consular post 
headed by an honorary consular officer shall be inviolable at 
all times and wherever they may be, provided that they are kept 
separate from other papers and documents and, in particular, 
from the private correspondence of the head of a consular post 
and of any person working with him, and from the materials, 
books or documents relating to their profession or trade.

                               Article 62

                     Exemption from customs duties

    The receiving State shall, in accordance with such laws and 
regulations as it may adopt, permit entry of, and grant 
exemption from all customs duties, taxes, and related charges 
other than charges for storage, cartage and similar services on 
the following articles, provided that they are for the official 
use of a consular post headed by an honorary consular officer: 
coats-of-arms, flags, signboards, seals and stamps, books, 
official printed matter, office furniture, office equipment and 
similar articles supplied by or at the instance of the sending 
State to the consular post.

                               Article 63

                          Criminal procedures

    If criminal proceedings are instituted against an honorary 
consular officer, he must appear before the competent 
authorities. Nevertheless, the proceedings shall be conducted 
with the respect due to him by reason of his official position 
and, except when he is under arrest or detention, in a manner 
which will hamper the exercise of consular functions as little 
as possible. When it has become necessary to detain an honorary 
consular officer, the proceedings against him shall be 
instituted with the minimum of delay.

                               Article 64

                Proection of honorary consular officers

    The receiving State is under a duty to accord to an 
honorary consular officer such protection as may be required by 
reason of his official position.

                               Article 65

      Exemption from registration of aliens and residence permits

    Honorary consular officers, with the exception of those who 
carry on for personal profit any professional or commercial 
activity in the receiving State, shall be exempt from all 
obligations under the laws and regulations of the receiving 
State in regard to the registration of aliens and residence 
permits.

                               Article 66

                        Exemption from taxation

    An honorary consular officer shall be exempt from all dues 
and taxes on the remuneration and emoluments which he receives 
from the sending State in respect of the exercise of consular 
functions.

                               Article 67

           Exemption from personal services and contributions

    The receiving State shall exempt honorary consular officers 
from all personal services and from all public services of any 
kind whatsoever and from military obligations such as those 
connected with requisitioning, military contributions and 
billeting.

                               Article 68

  Optional character of the institution of honorary consular officers

    Each State is free to decide whether it will appoint or 
receive honorary consular officers.

                               Chapter IV

                           General Provisions

                               Article 69

          Consular agents who are not heads of consular posts

    1. Each State is free to decide whether it will establish 
or admit consular agencies conducted by consular agents not 
designated as heads of consular post by the sending State.
    2. The conditions under which the consular agencies 
referred to in paragraph 1 of this Article may carry on their 
activities and the privileges and immunities which may be 
enjoyed by the consular agents in charge of them shall be 
determined by agreement between the sending State and the 
receiving State.

                               Article 70

         Exercise of consular functions by diplomatic missions

    1. The provisions of the present Convention apply also, so 
far as the context permits, to the exercise of consular 
functions by a diplomatic mission.
    2. The names of members of a diplomatic mission assigned to 
the consular section or otherwise charged with the exercise of 
the consular functions of the mission shall be notified to the 
Ministry for Foreign Affairs of the receiving State or to the 
authority designated by that Ministry.
    3. In the exercise of consular functions a diplomatic 
mission may address:
          (a) the local authorities of the consular district;
          (b) the central authorities of the receiving State if 
        this is allowed by the laws, regulations and usages of 
        the receiving State or by relevant international 
        agreements.
    4. The privileges and immunities of the members of a 
diplomatic mission referred to in paragraph 2 of this Article 
shall continue to be governed by the rules of international law 
concerning diplomatic relations.

                               Article 71

        Nationals or permanent residents of the receiving state

    1. Except in so far as additional facilities, privileges 
and immunities may be granted by the receiving State, consular 
officers who are nationals of or permanently resident in the 
receiving State shall enjoy only immunity from jurisdiction and 
personal inviolability in respect of official acts performed in 
the exercise of their functions, and the privilege provided in 
paragraph 3 of Article 44. So far as these consular officers 
are concerned, the receiving State shall likewise be bound by 
the obligation laid down in Article 42. If criminal proceedings 
are instituted against such a consular officer, the proceedings 
shall, except when he is under arrest or detention, be 
conducted in a manner which will hamper the exercise of 
consular functions as little as possible.
    2. Other members of the consular post who are nationals of 
or permanently resident in the receiving State and members of 
their families, as well as members of the families of consular 
officers referred to in paragraph 1 of this Article, shall 
enjoy facilities, privileges and immunities only in so far as 
these are granted to them by the receiving State. Those members 
of the families of members of the consular post and those 
members of the private staff who are themselves nationals of or 
permanently resident in the receiving State shall likewise 
enjoy facilities, privileges and immunities only in so far as 
these are granted to them by the receiving State. The receiving 
State shall, however, exercise its jurisdiction over those 
persons in such a way as not to hinder unduly the performance 
of the functions of the consular post.

                               Article 72

                           Non-discrimination

    1. In the application of the provisions of the present 
Convention the receiving State shall not discriminate as 
between States.
    2. However, discrimination shall not be regarded as taking 
place:
          (a) where the receiving State applies any of the 
        provisions of the present Convention restrictively 
        because of a restrictive application of that provision 
        to its consular posts in the sending State;
          (b) where by custom or agreement States extend to 
        each other more favourable treatment than is required 
        by the provisions of the present Convention.

                               Article 73

  Relationship between the present convention and other international 
                               agreements

    1. The provisions of the present Convention shall not 
affect other international agreements in force as between 
States parties to them.
    2. Nothing in the present Convention shall preclude States 
from concluding international agreements confirming or 
supplementing or extending or amplifying the provisions 
thereof.

                               Chapter V

                            Final Provisions

                               Article 74

                               Signature

    The present Convention shall be open for signature by all 
States Members of the United Nations or of any of the 
specialized agencies or Parties to the Statute of the 
International Court of Justice, and by any other State invited 
by the General Assembly of the United Nations to become a Party 
to the Convention, as follows until 31 October 1963 at the 
Federal Ministry for Foreign Affairs of the Republic of Austria 
and subsequently, until 31 March 1964, at the United Nations 
Headquarters in New York.

                               Article 75

                              Ratification

    The present Convention is subject to ratification. The 
instruments of ratification shall be deposited with the 
Secretary-General of the United Nations.

                               Article 76

                               Accession

    The present Convention shall remain open for accession by 
any State belonging to any of the four categories mentioned in 
Article 74. The instruments of accession shall be deposited 
with the Secretary-General of the United Nations.

                               Article 77

                            Entry into force

    1. The present Convention shall enter into force on the 
thirtieth day following the date of deposit of the twenty-
second instrument of ratification or accession with the 
Secretary-General of the United Nations.
    2. For each State ratifying or acceding to the Convention 
after the deposit of the twenty-second instrument of 
ratification or accession, the Convention shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                               Article 78

                 Notifications by the Secretary-General

    The Secretary-General of the United Nations shall inform 
all States belonging to any of the four categories mentioned in 
Article 74:
          (a) of signatures to the present Convention and of 
        the deposit of instruments of ratification or 
        accession, in accordance with Articles 74, 75 and 76;
          (b) of the date on which the present Convention will 
        enter into force, in accordance with Article 77.

                               Article 79

                            Authentic texts

    The original of the present Convention, of which the 
Chinese, English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States belonging to any of the four categories mentioned in 
Article 74.

    In witness whereof the undersigned Plenipotentiaries, being 
duly authorized thereto by their respective Governments, have 
signed the present Convention.

  Optional Protocol to the Vienna Convention on Diplomatic Relations, 
                 Concerning Acquisition of Nationality

                     Done at Vienna, April 18, 1961

    The States Parties to the present Protocol and to the 
Vienna Convention on Diplomatic Relations, hereinafter referred 
to as ``the Convention'', adopted by the United Nations 
Conference held at Vienna from 2 March to 14 April 1961,

    Expressing their wish to establish rules between them 
concerning acquisition of nationality by the members of their 
diplomatic missions and of the families forming part of the 
household of those members,

    Have agreed as follows:

                               Article I

    For the purpose of the present Protocol, the expression 
``members of the mission'' shall have the meaning assigned to 
it in Article 1, sub-paragraph (b), of the Convention, namely 
``the head of the mission and the members of the staff of the 
mission''.

   Optional Protocol to the Vienna Convention on Consular Relations 
                 Concerning Acquisition of Nationality

                     Done at Vienna, 24 April 1963

    The States Parties to the present Protocol and to the 
Vienna Convention on Consular Relations, hereinafter referred 
to as ``the Convention'' adopted by the United Nations 
Conference held at Vienna from 4 March to 22 April 1963,

    Expressing their wish to establish rules between them 
concerning acquisition of nationality by members of the 
consular post and by members of their families forming part of 
their households,

    Have agreed as follows:

                               Article I

    For the purposes of the present Protocol, the expression 
``members of the consular post'' shall have the meaning 
assigned to it in sub-paragraph (g) of paragraph 1 of Article 1 
of the Convention, namely, ``consular officers, consular 
employees and members of the service staff''.

                               Article II

    Members of the consular post not being nationals of the 
receiving State, and members of their families forming part of 
their households, shall not, solely by the operation of the law 
of the receiving State, acquire the nationality of that State.

                              Article III

    The present Protocol shall be open for signature by all 
States which may become Parties to the Convention, as follows: 
until 31 October 1963 at the Federal Ministry for Foreign 
Affairs of the Republic of Austria and, subsequently, until 31 
March 1964, at the United Nations Headquarters in New York.

                               Article IV

    The present Protocol is subject to ratification. The 
instruments of ratification shall be deposited with the 
Secretary-General of the United Nations.

                               Article V

    The present Protocol shall remain open for accession by all 
States which may become Parties to the Convention. The 
instruments of accession shall be deposited with the Secretary-
General of the United Nations.

                               Article VI

    1. The present Protocol shall enter into force on the same 
day as the Convention or on the thirtieth day following the 
date of deposit of the second instrument of ratification of or 
accession to the Protocol with the Secretary-General of the 
United Nations, whichever date is the later.
    2. For each State ratifying or acceding to the present 
Protocol after its entry into force in accordance with 
paragraph 1 of this Article, the Protocol shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                              Article VII

    The Secretary-General of the United Nations shall inform 
all States which may become Parties to the Convention:
          (a) of signatures to the present Protocol and of the 
        deposit of instruments of ratification or accession, in 
        accordance with Articles III, IV and V;
          (b) of the date on which the present Protocol will 
        enter into force, in accordance with Article VI.

                              Article VIII

    The original of the present Protocol, of which the Chinese, 
English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States referred to in Article III.

    In witness whereof the undersigned plenipotentiaries, being 
duly authorized thereto by their respective Governments, have 
signed the present Protocol.

   Optional Protocol to the Vienna Convention on Consular Relations 
            Concerning the Compulsory Settlement of Disputes

                     Done at Vienna, 24 April 1963

    The States Parties to the present Protocol and to the 
Vienna Convention on Consular Relations, hereinafter referred 
to as ``the Convention'', adopted by the United Nations 
Conference held at Vienna from 4 March to 22 April 1963,

    Expressing their wish to resort in all matters concerning 
them in respect of any dispute arising out of the 
interpretation or application of the Convention to the 
compulsory jurisdiction of the International Court of Justice, 
unless some other form of settlement has been agreed upon by 
the parties within a reasonable period,

    Have agreed as follows:

                               Article I

    Disputes arising out of the interpretation or application 
of the Convention shall lie within the compulsory jurisdiction 
of the International Court of Justice and may accordingly be 
brought before the Court by an application made by any party to 
the dispute being a Party to the present Protocol.

                               Article II

    The parties may agree, within a period of two months after 
one party has notified its opinion to the other that a dispute 
exists, to resort not to the International Court of Justice but 
to an arbitral tribunal. After the expiry of the said period, 
either party may bring the dispute before the Court by an 
application.

                              Article III

    1. Within the same period of two months, the parties may 
agree to adopt a conciliation procedure before resorting to the 
International Court of Justice.
    2. The conciliation commission shall make its 
recommendations within five months after its appointment. If 
its recommendations are not accepted by the parties to the 
dispute within two months after they have been delivered, 
either party may bring the dispute before the Court by an 
application.

                               Article IV

    States Parties to the Convention, to the Optional Protocol 
concerning Acquisition of Nationality, and to the present 
Protocol may at any time declare that they will extend the 
provisions of the present Protocol to disputes arising out of 
the interpretation or application of the Optional Protocol 
concerning Acquisition of Nationality. Such declarations shall 
be notified to the Secretary-General of the United Nations.

                               Article V

    The present Protocol shall be open for signature by all 
States which may become Parties to the Convention as follows: 
until 31 October 1963 at the Federal Ministry for Foreign 
Affairs of the Republic of Austria and, subsequently, until 31 
March 1964, at the United Nations Headquarters in New York.

                               Article VI

    The present Protocol is subject to ratification. The 
instruments of ratification shall be deposited with the 
Secretary-General of the United Nations.

                              Article VII

    The present Protocol shall remain open for accession by all 
States which may become Parties to the Convention. The 
instruments of accession shall be deposited with the Secretary-
General of the United Nations.

                              Article VIII

    1. The present Protocol shall enter into force on the same 
day as the Convention or on the thirtieth day following the 
date of deposit of the second instrument of ratification or 
accession to the Protocol with the Secretary-General of the 
United Nations, whichever date is the later.
    2. For each State ratifying or acceding to the present 
Protocol after its entry into force in accordance with 
paragraph 1 of this Article, the Protocol shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                               Article IX

    The Secretary-General of the United Nations shall inform 
all States which may become Parties to the Convention:
          (a) of signatures to the present Protocol and of the 
        deposit of instruments of ratification or accession, in 
        accordance with Articles V, VI and VII;
          (b) of declarations made in accordance with Article 
        IV of the present Protocol;
          (c) of the date on which the present Protocol will 
        enter into force, in accordance with Article VIII.

                               Article X

    The original of the present Protocol, of which the Chinese, 
English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States referred to in Article V.

    In witness whereof the undersigned plenipotentiaries, being 
duly authorised thereto by their respective Governments, have 
signed the present Protocol.
                   4. Organization and Administration

    a. Interdepartmental Operations of the U.S. Government Overseas

 (1) The National Security Council System (Presidential Directive/NSPD-
                         1, February 13, 2001)

MEMORANDUM FOR THE VICE PRESIDENT
  THE SECRETARY OF STATE
  THE SECRETARY OF THE TREASURY
  THE SECRETARY OF DEFENSE
  THE ATTORNEY GENERAL
  THE SECRETARY OF AGRICULTURE
  THE SECRETARY OF COMMERCE
  THE SECRETARY OF HEALTH AND HUMAN SERVICES
  THE SECRETARY OF TRANSPORTATION
  THE SECRETARY OF ENERGY
  ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY
  DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
  UNITED STATES TRADE REPRESENTATIVE
  CHAIRMAN, COUNCIL OF ECONOMIC ADVISERS
  DIRECTOR, NATIONAL DRUG CONTROL POLICY
  CHIEF OF STAFF TO THE PRESIDENT
  DIRECTOR OF CENTRAL INTELLIGENCE
  DIRECTOR, FEDERAL EMERGENCY MANAGEMENT AGENCY
  ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS
  ASSISTANT TO THE PRESIDENT FOR ECONOMIC POLICY
  COUNSEL TO THE PRESIDENT
  CHIEF OF STAFF AND ASSISTANT TO THE VICE PRESIDENT FOR 
        NATIONAL SECURITY AFFAIRS
  DIRECTOR, OFFICE OF SCIENCE AND TECHNOLOGY POLICY
  CHAIRMAN, BOARD OF GOVERNORS OF THE FEDERAL RESERVE
  CHAIRMAN, COUNCIL ON ENVIRONMENTAL QUALITY
  CHAIRMAN, EXPORT-IMPORT BANK
  CHAIRMAN OF THE JOINT CHIEFS OF STAFF
  COMMANDANT, U.S. COAST GUARD
  ADMINISTRATOR, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
  CHAIRMAN, NUCLEAR REGULATORY COMMISSION
  DIRECTOR, PEACE CORPS
  DIRECTOR, FEDERAL BUREAU OF INVESTIGATION
  DIRECTOR, NATIONAL SECURITY AGENCY
  DIRECTOR, DEFENSE INTELLIGENCE AGENCY
  PRESIDENT, OVERSEAS PRIVATE INVESTMENT CORPORATION
  CHAIRMAN, FEDERAL COMMUNICATIONS COMMISSION
  COMMISSIONER, U.S. CUSTOMS SERVICE
  ADMINISTRATOR, DRUG ENFORCEMENT ADMINISTRATION
  PRESIDENT'S FOREIGN INTELLIGENCE ADVISORY BOARD
  ARCHIVIST OF THE UNITED STATES
  DIRECTOR, INFORMATION SECURITY OVERSIGHT OFFICE

SUBJECT: Organization of the National Security Council System

    This document is the first in a series of National Security 
Presidential Directives. National Security Presidential 
Directives shall replace both Presidential Decision Directives 
and Presidential Review Directives as an instrument for 
communicating presidential decisions about the national 
security policies of the United States.
    National security includes the defense of the United States 
of America, protection of our constitutional system of 
government, and the advancement of United States interests 
around the globe. National security also depends on America's 
opportunity to prosper in the world economy. The National 
Security Act of 1947, as amended, established the National 
Security Council to advise the President with respect to the 
integration of domestic, foreign, and military policies 
relating to national security. That remains its purpose. The 
NSC shall advise and assist me in integrating all aspects of 
national security policy as it affects the United States--
domestic, foreign, military, intelligence, and economics (in 
conjunction with the National Economic Council (NEC)). The 
National Security Council system is a process to coordinate 
executive departments and agencies in the effective development 
and implementation of those national security policies.
    The National Security Council (NSC) shall have as its 
regular attendees (both statutory and non-statutory) the 
President, the Vice President, the Secretary of State, the 
Secretary of the Treasury, the Secretary of Defense, and the 
Assistant to the President for National Security Affairs. The 
Director of Central Intelligence and the Chairman of the Joint 
Chiefs of Staff, as statutory advisors to the NSC, shall also 
attend NSC meetings. The Chief of Staff to the President and 
the Assistant to the President for Economic Policy are invited 
to attend any NSC meeting. The Counsel to the President shall 
be consulted regarding the agenda of NSC meetings, and shall 
attend any meeting when, in consultation with the Assistant to 
the President for National Security Affairs, he deems it 
appropriate. The Attorney General and the Director of the 
Office of Management and Budget shall be invited to attend 
meetings pertaining to their responsibilities. For the Attorney 
General, this includes both those matters within the Justice 
Department's jurisdiction and those matters implicating the 
Attorney General's responsibility under 28 U.S.C. 511 to give 
his advice and opinion on questions of law when required by the 
President. The heads of other executive departments and 
agencies, as well as other senior officials, shall be invited 
to attend meetings of the NSC when appropriate.
    The NSC shall meet at my direction. When I am absent from a 
meeting of the NSC, at my direction the Vice President may 
preside. The Assistant to the President for National Security 
Affairs shall be responsible, at my direction and in 
consultation with the other regular attendees of the NSC, for 
determining the agenda, ensuring that necessary papers are 
prepared, and recording NSC actions and Presidential decisions. 
When international economic issues are on the agenda of the 
NSC, the Assistant to the President for National Security 
Affairs and the Assistant to the President for Economic Policy 
shall perform these tasks in concert.
    The NSC Principals Committee (NSC/PC) will continue to be 
the senior interagency forum for consideration of policy issues 
affecting national security, as it has since 1989. The NSC/PC 
shall have as its regular attendees the Secretary of State, the 
Secretary of the Treasury, the Secretary of Defense, the Chief 
of Staff to the President, and the Assistant to the President 
for National Security Affairs (who shall serve as chair). The 
Director of Central Intelligence and the Chairman of the Joint 
Chiefs of Staff shall attend where issues pertaining to their 
responsibilities and expertise are to be discussed. The 
Attorney General and the Director of the Office of Management 
and Budget shall be invited to attend meetings pertaining to 
their responsibilities. For the Attorney General, this includes 
both those matters within the Justice Department's jurisdiction 
and those matters implicating the Attorney General's 
responsibility under 28 U.S.C. 511 to give his advice and 
opinion on questions of law when required by the President. The 
Counsel to the President shall be consulted regarding the 
agenda of NSC/PC meetings, and shall attend any meeting when, 
in consultation with the Assistant to the President for 
National Security Affairs, he deems it appropriate. When 
international economic issues are on the agenda of the NSC/PC, 
the Committee's regular attendees will include the Secretary of 
Commerce, the United States Trade Representative, the Assistant 
to the President for Economic Policy (who shall serve as chair 
for agenda items that principally pertain to international 
economics), and, when the issues pertain to her 
responsibilities, the Secretary of Agriculture. The Chief of 
Staff and National Security Adviser to the Vice President shall 
attend all meetings of the NSC/PC, as shall the Assistant to 
the President and Deputy National Security Advisor (who shall 
serve as Executive Secretary of the NSC/PC). Other heads of 
departments and agencies, along with additional senior 
officials, shall be invited where appropriate.
    The NSC/PC shall meet at the call of the Assistant to the 
President for National Security Affairs, in consultation with 
the regular attendees of the NSC/PC. The Assistant to the 
President for National Security Affairs shall determine the 
agenda in consultation with the foregoing, and ensure that 
necessary papers are prepared. When international economic 
issues are on the agenda of the NSC/PC, the Assistant to the 
President for National Security Affairs and the Assistant to 
the President for Economic Policy shall perform these tasks in 
concert.
    The NSC Deputies Committee (NSC/DC) will also continue to 
serve as the senior sub-Cabinet interagency forum for 
consideration of policy issues affecting national security. The 
NSC/DC can prescribe and review the work of the NSC interagency 
groups discussed later in this directive. The NSC/DC shall also 
help ensure that issues being brought before the NSC/PC or the 
NSC have been properly analyzed and prepared for decision. The 
NSC/DC shall have as its regular members the Deputy Secretary 
of State or Under Secretary of the Treasury or Under Secretary 
of the Treasury for International Affairs, the Deputy Secretary 
of Defense or Under Secretary of Defense for Policy, the Deputy 
Attorney General, the Deputy Director of the Office of 
Management and Budget, the Deputy Director of Central 
Intelligence, the Vice Chairman of the Joint Chiefs of Staff, 
the Deputy Chief of Staff to the President for Policy, the 
Chief of Staff and National Security Adviser to the Vice 
President, the Deputy Assistant to the President for 
International Economic Affairs, and the Assistant to the 
President and Deputy National Security Advisor (who shall serve 
as chair). When international economic issues are on the 
agenda, the NSC/DC's regular membership will include the Deputy 
Secretary of Commerce, a Deputy United States Trade 
Representative, and, when the issues pertain to his 
responsibilities, the Deputy Secretary of Agriculture, and the 
NSC/DC shall be chaired by the Deputy Assistant to the 
President for International Economic Affairs for agenda items 
that principally pertain to international economics. Other 
senior officials shall be invited where appropriate.
    The NSC/DC shall meet at the call of its chair, in 
consultation with the other regular members of the NSC/DC. Any 
regular member of the NSC/DC may also request a meeting of the 
Committee for prompt crisis management. For all meetings the 
chair shall determine the agenda in consultation with the 
foregoing, and ensure that necessary papers are prepared.
    The Vice President and I may attend any and all meetings of 
any entity established by or under this directive.
    Management of the development and implementation of 
national security policies by multiple agencies of the United 
States Government shall usually be accomplished by the NSC 
Policy Coordination Committees (NSC/PCCs). The NSC/PCCs shall 
be the main day-to-day fora for interagency coordination of 
national security policy. They shall provide policy analysis 
for consideration by the more senior committees of the NSC 
system and ensure timely responses to decisions made by the 
President. Each NSC/PCC shall include representatives from the 
executive departments, offices, and agencies represented in the 
NSC/DC.
    Six NSC/PCCs are hereby established for the following 
regions: Europe and Eurasia, Western Hemisphere, East Asia, 
South Asia, Near East and North Africa, and Africa. Each of the 
NSC/PCCs shall be chaired by an official of Under Secretary or 
Assistant Secretary rank to be designated by the Secretary of 
State.
    Eleven NSC/PCCs are hereby also established for the 
following functional topics, each to be chaired by a person of 
Under Secretary or Assistant Secretary rank designated by the 
indicated authority:
          Democracy, Human Rights, and International Operations 
        (by the Assistant to the President for National 
        Security Affairs);
          International Development and Humanitarian Assistance 
        (by the Secretary of State);
          Global Environment (by the Assistant to the President 
        for National Security Affairs and the Assistant to the 
        President for Economic Policy in concert);
          International Finance (by the Secretary of the 
        Treasury);
          Transnational Economic Issues (by the Assistant to 
        the President for Economic Policy);
          Counter-Terrorism and National Preparedness (by the 
        Assistant to the President for National Security 
        Affairs);
          Defense Strategy, Force Structure, and Planning (by 
        the Secretary of Defense);
          Arms Control (by the Assistant to the President for 
        National Security Affairs);
          Proliferation, Counterproliferation, and Homeland 
        Defense (by the Assistant to the President for National 
        Security Affairs);
          Intelligence and Counterintelligence (by the 
        Assistant to the President for National Security 
        Affairs); and
          Records Access and Information Security (by the 
        Assistant to the President for National Security 
        Affairs).
    The Trade Policy Review Group (TPRG) will continue to 
function as an interagency coordinator of trade policy. Issues 
considered within the TPRG, as with the PCCs, will flow through 
the NSC and/or NEC process, as appropriate.
    Each NSC/PCC shall also have an Executive Secretary from 
the staff of the NSC, to be designated by the Assistant to the 
President for National Security Affairs. The Executive 
Secretary shall assist the Chairman in scheduling the meetings 
of the NSC/PCC, determining the agenda, recording the actions 
taken and tasks assigned, and ensuring timely responses to the 
central policymaking committees of the NSC system. The Chairman 
of each NSC/PCC, in consultation with the Executive Secretary, 
may invite representatives of other executive departments and 
agencies to attend meetings of the NSC/PCC where appropriate.
    The Assistant to the President for National Security 
Affairs, at my direction and in consultation with the Vice 
President and the Secretaries of State, Treasury, and Defense, 
may establish additional NSC/PCCs as appropriate.
    The Chairman of each NSC/PCC, with the agreement of the 
Executive Secretary, may establish subordinate working groups 
to assist the PCC in the performance of its duties.
    The existing system of Interagency Working Groups is 
abolished.
          The oversight of ongoing operations assigned in PDD/
        NSC-56 to Executive Committees of the Deputies 
        Committee will be performed by the appropriate regional 
        NSC/PCCs, which may create subordinate working groups 
        to provide coordination for ongoing operations.
          The Counter-Terrorism Security Group, Critical 
        Infrastructure Coordination Group, Weapons of Mass 
        Destruction Preparedness, Consequences Management and 
        Protection Group, and the interagency working group on 
        Enduring Constitutional Government are reconstituted as 
        various forms of the NSC/PCC on Counter-Terrorism and 
        National Preparedness.
          The duties assigned in PDD/NSC-75 to the National 
        Counterintelligence Policy Group will be performed in 
        the NSC/PCC on Intelligence and Counterintelligence, 
        meeting with appropriate attendees.
          The duties assigned to the Security Policy Board and 
        other entities established in PDD/NSC-29 will be 
        transferred to various NSC/PCCs, depending on the 
        particular security problem being addressed.
          The duties assigned in PDD/NSC-41 to the Standing 
        Committee on Nonproliferation will be transferred to 
        the PCC on Proliferation, Counterproliferation, and 
        Homeland Defense.
          The duties assigned in PDD/NSC-35 to the Interagency 
        Working Group for Intelligence Priorities will be 
        transferred to the PCC on Intelligence and 
        Counterintelligence.
          The duties of the Human Rights Treaties Interagency 
        Working Group established in E.O. 13107 are transferred 
        to the PCC on Democracy, Human Rights, and 
        International Operations.
          The Nazi War Criminal Records Interagency Working 
        Group established in E.O. 13110 shall be reconstituted, 
        under the terms of that order and until its work ends 
        in January 2002, as a Working Group of the NSC/PCC for 
        Records Access and Information Security.
    Except for those established by statute, other existing NSC 
interagency groups, ad hoc bodies, and executive committees are 
also abolished as of March 1, 2001, unless they are 
specifically reestablished as subordinate working groups within 
the new NSC system as of that date. Cabinet officers, the heads 
of other executive agencies, and the directors of offices 
within the Executive Office of the President shall advise the 
Assistant to the President for National Security Affairs of 
those specific NSC interagency groups chaired by their 
respective departments or agencies that are either mandated by 
statute or are otherwise of sufficient importance and vitality 
as to warrant being reestablished. In each case the Cabinet 
officer, agency head, or office director should describe the 
scope of the activities proposed for or now carried out by the 
interagency group, the relevant statutory mandate if any, and 
the particular NSC/PCC that should coordinate this work. The 
Trade Promotion Coordinating Committee established in E.O. 
12870 shall continue its work, however, in the manner specified 
in that order. As to those committees expressly established in 
the National Security Act, the NSC/PC and/or NSC/DC shall serve 
as those committees and perform the functions assigned to those 
committees by the Act.
    To further clarify responsibilities and effective 
accountability within the NSC system, those positions relating 
to foreign policy that are designated as special presidential 
emissaries, special envoys for the President, senior advisors 
to the President and the Secretary of State, and special 
advisors to the President and the Secretary of State are also 
abolished as of March 1, 2001, unless they are specifically 
redesignated or reestablished by the Secretary of State as 
positions in that Department.
    This Directive shall supersede all other existing 
presidential guidance on the organization of the National 
Security Council system. With regard to application of this 
document to economic matters, this document shall be 
interpreted in concert with any Executive Order governing the 
National Economic Council and with presidential decision 
documents signed hereafter that implement either this directive 
or that Executive Order.
                                   [signed: George W. Bush]
      5. Control on Persons Leaving or Entering the United States

     Presidential Proclamation 3004, January 17, 1953, 18 F.R. 489

            By the President of the United States of America

  Whereas section 215 of the Immigration and Nationality Act, 
enacted on June 27, 1952 (Public Law 414, 82nd Congress; 66 
Stat. 163, 190) \1\ authorizes the President to impose 
restrictions and prohibitions in addition to those otherwise 
provided by that Act upon the departure of persons from, and 
their entry into, the United States when the United States is 
at war or during the existence of any national emergency 
proclaimed by the President or, as to aliens, whenever there 
exists a state of war between or among two or more States, and 
when the President shall find that the interests of the United 
States so require; and
---------------------------------------------------------------------------
    \1\ For text, see Legislation on Foreign Relations, volume II-A.
---------------------------------------------------------------------------
  Whereas the national emergency the existence of which was 
proclaimed on December 16, 1950, by Proclamation 2914 still 
exists; and
  Whereas because of the exigencies of the international 
situation and of the national defense then existing 
Proclamation No. 2523 of November 14, 1941, imposed certain 
restrictions and prohibitions, in addition to those otherwise 
provided by law, upon the departure of persons from and their 
entry into the United States; and
  Whereas the exigencies of the international situation and of 
the national defense still require that certain restrictions 
and prohibitions, in addition to those otherwise provided by 
law, be imposed upon the departure of persons from and their 
entry into the United States:
  Now, therefore, I, Harry S. Truman, President of the United 
States of America, acting under and by virtue of the authority 
vested in me by section 215 of the Immigration and Nationality 
Act and by section 301 of title 3 of the United States Code, do 
hereby find and publicly proclaim that the interests of the 
United States require that restrictions and prohibitions, in 
addition to those otherwise provided by law, be imposed upon 
the departure of persons from and their entry into, the United 
States; and I hereby prescribe and make the following rules, 
regulations, and orders with respect thereto:
  (1) The departure and entry of citizens and nationals of the 
United States from and into the United States, including the 
Canal Zone, and all territory and waters, continental or 
insular, subject to the jurisdiction of the United States, 
shall be subject to the regulations prescribed by the Secretary 
of State and published as sections 53.1 to 53.9, inclusive, of 
title 22 of the Code of Federal Regulations. Such regulations 
are hereby incorporated into and made a part of this 
proclamation; and the Secretary of State is hereby authorized 
to revoke, modify, or amend such regulations as he may find the 
interests of the United States to require.
  (2) The departure of aliens from the United States, including 
the Canal Zone, and all territory and waters, continental or 
insular, subject to the jurisdiction of the United States, 
shall be subject to the regulations prescribed by the Secretary 
of State, with the concurrence of the Attorney General, and 
published as sections 53.61 to 53.71, inclusive, of title 22 of 
the Code of Federal Regulations. Such regulations are hereby 
incorporated into and made a part of this proclamation; and the 
Secretary of State, with the concurrence of the Attorney 
General, is hereby authorized to revoke, modify, or amend such 
regulations as he may find the interests of the United States 
to require.
  (3) The entry of aliens into the Canal Zone and American 
Samoa shall be subject to the regulations prescribed by the 
Secretary of State, with the concurrence of the Attorney 
General, and published as sections 53.21 to 53.41, inclusive, 
of title 22 of the Code of Federal Regulations. Such 
regulations are hereby incorporated into and made a part of 
this proclamation; and the Secretary of State, with the 
concurrence of the Attorney General, is hereby authorized to 
revoke, modify, or amend such regulations as he may find the 
interests of the United States to require.
  (4) Proclamation No. 2523 of November 14, 1941, as amended by 
Proclamation No. 2850 of August 17, 1949, is hereby revoked, 
but such revocation shall not affect any order, determination, 
or decision relating to an individual, or to a class of 
individuals, issued in pursuance of such proclamations prior to 
the revocation thereof, and shall not prevent prosecution for 
any offense committed, or the imposition of any penalties or 
forfeitures, liability for which was incurred under such 
proclamations prior to the revocation thereof; and the 
provisions of this proclamation, including the regulations of 
the Secretary of State incorporated herein and made a part 
thereof, shall be in addition, to, and shall not be held to 
revoke, supersede, modify, amend, or suspend, any other 
proclamation, rule, regulation, or order heretofore issued 
relating to the departure of persons from, or their entry into, 
the United States; and compliance with the provisions of this 
proclamation, including the regulations of the Secretary of 
State incorporated herein and made a part hereof, shall not be 
considered as exempting any individual from the duty of 
complying with the provisions of any other statute, law, 
proclamation, rule, regulation, or order heretofore enacted or 
issued and still in effect.
  (5) I hereby direct all departments and agencies of the 
Government to cooperate with the Secretary of State in the 
execution of his authority under this proclamation and any 
subsequent proclamation, rule, regulation, or order issued in 
pursuance hereof; and such departments and agencies shall upon 
request make available to the Secretary of State for that 
purpose the services of their respective officials and agents. 
I enjoin upon all officers of the United States charged with 
the execution of the laws thereof the utmost diligence in 
preventing violations of section 215 of the Immigration and 
Nationality Act and this proclamation, including the 
regulations of the Secretary of State incorporated herein and 
made a part hereof, and in bringing to trial and punishment any 
person violating any provision of that section or of this 
proclamation.
  To the extent permitted by law, this proclamation shall take 
effect as of December 24, 1952.

  In witness whereof, I have hereunto set my hand and caused 
the Seal of the United States of America to be affixed.

  Done at the City of Washington this 17th day of January in 
the year of our Lord nineteen hundred and fifty-three and of 
the Independence of the United States of America the one 
hundred and seventy-seventh.
  [seal]
                                                   Harry S. Truman.
  By the President:
          Dean Acheson,
                  Secretary of State.
                  6. Migration and Refugee Assistance

 a. Protocol Relating to the Status of Refugees \1\ (with reservation)

 Done at New York January 31, 1967; Accession advised by the Senate of 
 the United States of America subject to certain reservations, October 
 4, 1968; Accession approved by the President of the United States of 
 America, subject to said reservations, October 15, 1968; Accession of 
 the United States of America deposited with the Secretary-General of 
   the United Nations, with the said reservations, November 1, 1968; 
 Proclaimed by the President of the United States of America, November 
   6, 1968; Entered into force with respect to the United States of 
                       America, November 1, 1968

              Protocol Relating to the Status of Refugees

  The States Parties to the present Protocol,
---------------------------------------------------------------------------
    \1\ 19 UST 6223; TIAS 6577. For states which are party to the 
Protocol, see Department of State publication, Treaties in Force. See 
also material concerning migration and refugee assistance in 
Legislation on Foreign Relations, volume II-A.

    Considering that the Convention relating to the Status of 
Refugees done at Geneva on 28 July 1951 \2\ (hereinafter 
referred to as the Convention) covers only those persons who 
have become refugees as a result of events occurring before 1 
January 1951,
---------------------------------------------------------------------------
    \2\ 189 UNTS 150.

    Considering that the new refugee situations have arisen 
since the Convention was adopted and that the refugees 
concerned may therefore not fall within the scope of the 
---------------------------------------------------------------------------
Convention,

    Considering that it is desirable that equal status should 
be enjoyed by all refugees covered by the definition in the 
Convention irrespective of the dateline 1 January 1951,

    Have agreed as follows:

                               Article I

                           general provision

  1. The States Parties to the present Protocol undertake to 
apply articles 2 to 34 inclusive to the Convention to refugees 
as hereinafter defined.
  2. For the purpose of the present Protocol, the term 
``refugee'' shall, except as regards the application of 
paragraph 3 of this article, mean any person within the 
definition of article 1 of the Convention as if the words ``As 
a result of events occurring before 1 January 1951 and . . .'' 
and the words ``. . . as a result of such events'', in article 
1A(2) were omitted.
  3. The present Protocol shall be applied by the States 
Parties hereto without any geographic limitation, save that 
existing declarations made by States already Parties to the 
Convention in accordance with article 1B(1)(a) of the 
Convention, shall, unless extended under article 1B(2) thereof, 
apply also under the present Protocol.

                               Article II

    co-operation of the national authorities with the united nations

  1. The States Parties to the present Protocol undertake to 
co-operate with the Office of the United Nations High 
Commission for Refugees, or any other agency of the United 
Nations which may succeed it, in the exercise of its functions, 
and shall in particular facilitate its duty of supervising the 
application of the provisions of the present Protocol.
  2. In order to enable the Office of the High Commissioner, or 
any other agency of the United Nations which may succeed it, to 
make reports to the competent organs of the United Nations, the 
States Parties to the present Protocol undertake to provide 
them with the information and statistical data requested, in 
the appropriate form, concerning:
          (a) The condition of refugees;
          (b) The implementation of the present protocol;
          (c) Laws, regulations and decrees which are, or may 
        hereafter be, in force relating to refugees.

                              Article III

                  information on national legislation

  The States Parties to the present Protocol shall communicate 
to the Secretary-General of the United Nations the laws and 
regulations which they may adopt to ensure the application of 
the present Protocol.

                               Article IV

                         settlement of disputes

  Any dispute between States Parties to the present Protocol 
which relates to its interpretation or application and which 
cannot be settled by other means shall be referred to the 
International Court of Justice at the request of any one of the 
parties to the dispute.

                               Article V

                               accession

  The present Protocol shall be open for accession on behalf of 
all States Parties to the Convention and of any other State 
Member of the United Nations or member of any of the 
specialized agencies or to which an invitation to accede may 
have been addressed by the General Assembly of the United 
Nations. Accession shall be effected by the deposit of an 
instrument of accession with the Secretary-General of the 
United Nations.

                               Article VI

                             federal clause

  In the case of Federal or non-unitary State, the following 
provisions shall apply:
          (a) With respect to those articles of the Convention 
        to be applied in accordance with article I, paragraph 
        1, of the present Protocol that come within the 
        legislative jurisdiction of the federal legislative 
        authority, the obligations of the Federal Government 
        shall to this extent be the same as those of States 
        Parties which are not Federal States;
          (b) With respect to those articles of the Convention 
        to be applied in accordance with article I, paragraph 
        1, of the present Protocol that come within the 
        legislative jurisdiction of constituent States, 
        provinces or cantons which are not, under the 
        constitutional system of the federation, bound to take 
        legislative action, the Federal Government shall bring 
        such articles with a favourable recommendation to the 
        notice of the appropriate authorities of States, 
        provinces or cantons at the earliest possible moment;
          (c) A Federal State Party to the present Protocol 
        shall, at the request of any other State Party hereto 
        transmitted through the Secretary-General of the United 
        Nations, supply a statement of the law and practice of 
        the Federation and its constituent units in regard to 
        any particular provision of the Convention to be 
        applied in accordance with article I, paragraph 1, of 
        the present Protocol, showing the extent to which 
        effect has been given to that provision by legislative 
        or other action.

                              Article VII

                     reservations and declarations

  1. At the time of accession, any State may make reservations 
in respect of article IV of the present Protocol and in respect 
of the application in accordance with article I of the present 
Protocol of any provision of the Convention other than those 
contained in articles 1, 3, 4, 16(1) and 33 thereof, provided 
that in the case of a State Party to the Convention 
reservations made under this article shall not extend to 
refugees in respect of whom the Convention applies.
  2. Reservations made by the States Parties to the Convention 
in accordance with article 42 thereof shall, unless withdrawn, 
be applicable in relation to their obligations under the 
present Protocol.
  3. Any State making a reservation in accordance with 
paragraph 1 of this article may at any time withdraw such 
reservation by a communication to that effect addressed to the 
Secretary-General of the United Nations.
  4. Declaration made under article 40, paragraphs 1 and 2, of 
the Convention by a State Party thereto which accedes to the 
present Protocol shall be deemed to apply in respect of the 
present Protocol, unless upon accession a notification to the 
contrary is addressed by the State Party concerned to the 
Secretary-General of the United Nations. The provisions of 
article 40, paragraphs 2 and 3, and of article 44, paragraph 3, 
of the Convention shall be deemed to apply mutatis mutandis to 
the present Protocol.

                              Article VIII

                            entry into force

  1. The present Protocol shall come into force on the day of 
deposit of the sixth instrument of accession.
  2. For each State acceding to the Protocol after the deposit 
of the sixth instrument of accession, the Protocol shall come 
into force on the date of deposit by such State of its 
instrument of accession.

                               Article IX

                              denunciation

  1. Any State Party hereto may denounce this Protocol at any 
time by a notification addressed to the Secretary-General of 
the United Nations.
  2. Such denunciation shall take effect for the State Party 
concerned one year from the date on which it is received by the 
Secretary-General of the United Nations.

                               Article X

      notifications by the secretary-general of the united nations

  The Secretary-General of the United Nations shall inform the 
States referred to in article V above of the date of entry into 
force, accessions, reservations and withdrawals of reservations 
to and denunciations of the present Protocol, and of 
declarations and notifications relating hereto.

                               Article XI

    deposit in the archives of the secretariat of the united nations

  A copy of the present Protocol, of which the Chinese, 
English, French, Russian and Spanish texts are equally 
authentic, signed by the President of the General Assembly and 
by the Secretary-General of the United Nations, shall be 
deposited in the archives of the Secretariat of the United 
Nations. The Secretary-General will transmit certified copies 
thereof to all States Members of the United Nations and to the 
other States referred to in article V above.

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                                                           Reservation as Stated in Proclamation                           Whereas the Senate of the United States of America by its resolution of October 4, 1968, two-thirds
                          of the Senators present concurring therein, did advise and consent to accession to the Protocol with
                          the following reservations:
                             ``The United States of America construes Article 29 of the Convention as applying only to refugees
                            who are resident in the United States and reserves the right to tax refugees who are not residents
                            of the United States in accordance with its general rules relating to nonresident aliens.''
                             ``The United States of America accepts the obligation of paragraph 1(b) of Article 24 of the
                            Convention except insofar as that paragraph may conflict in certain instances with any provision of
                            title II (old age, survivors' and disability insurance) or title XVIII (hospital and medical
                            insurance for the aged) of the Social Security Act. As to any such provision, the United States will
                            accord to refugees lawfully staying in its territory treatment no less favorable than is accorded
                            aliens generally in the same circumstances.''--------------------------------------------------------------------------------------------------------------------------------------------------------

          b. Convention Relating to the Status of Refugees \1\

                     Done at Geneva, July 28, 1951

                                Preamble

  The High Contracting Parties,
---------------------------------------------------------------------------
    \1\ 19 UST 6260; TIAS 6577; 606 UNTS 267. The United States is not 
a party to this Convention. However, the United States is a party to 
the Protocol Relating to the Status of Refugees, which incorporates 
Articles 2 through 34 of this Convention. See also material concerning 
migration and refugee assistance in Legislation on Foreign Relations, 
volume II-A.

    Considering that the Charter of the United Nations and the 
Universal Declaration of Human Rights approved on 10 December 
1948 by the General Assembly have affirmed the principle that 
human beings shall enjoy fundamental rights and freedoms 
---------------------------------------------------------------------------
without discrimination,

    Considering that the United Nations has, on various 
occasions, manifested its profound concern for refugees and 
endeavored to assure refugees the widest possible exercise of 
these fundamental rights and freedoms,

    Considering that it is desirable to revise and consolidate 
previous international agreements relating to the status of 
refugees and to extend the scope of and the protection accorded 
by such instruments by means of a new agreement,

    Considering that the grant of asylum may place unduly heavy 
burdens on certain countries, and that a satisfactory solution 
of a problem of which the United Nations has recognized the 
international scope and nature cannot therefore be achieved 
without international co-operation,

    Expressing the wish that all States, recognizing the social 
and humanitarian nature of the problem of refugees, will do 
everything within their power to prevent this problem from 
becoming a cause of tension between States,

    Noting that the United Nations High Commissioner for 
Refugees is charged with the task of supervising international 
conventions providing for the protection of refugees, and 
recognizing that the effective co-ordination of measures taken 
to deal with this problem will depend upon the co-operation of 
States with the High Commissioner.

    Have agreed as follows:

                               Chapter I

                           GENERAL PROVISIONS

                               Article 1

                   Definition of the Term ``Refugee''

  A. For the purposes of the present Convention, the term 
``refugee'' shall apply to any person who:
          (1) Has been considered a refugee under the 
        Arrangements of 12 May 1926 \2\ and 30 June 1928 \3\ or 
        under the Conventions of 28 October 1933 \4\ and 10 
        February 1938,\5\ the Protocol of 14 September 1939 \6\ 
        or the Constitution of the International Refugee 
        Organization; \7\
---------------------------------------------------------------------------
    \2\ 89 LNTS 47.
    \3\ 89 LNTS 63.
    \4\ 159 LNTS 199.
    \5\ 192 LNTS 59.
    \6\ 198 LNTS 141.
    \7\ TIAS 1846; 62 Stat. (3) 3037.
---------------------------------------------------------------------------
          Decisions of non-eligibility taken by the 
        International Refugee Organization during the period of 
        its activities shall not prevent the status of refugee 
        being accorded to persons who fulfill the conditions of 
        paragraph 2 of this section;
          (2) As a result of events occurring before 1 January 
        1951 and owing to well-founded fear of being persecuted 
        for reasons of race, religion, nationality, membership 
        of a particular social group or political opinion, is 
        outside the country of his nationality and is unable 
        or, owing to such fear, is unwilling to avail himself 
        of the protection of that country; or who, not having a 
        nationality and being outside the country of his former 
        habitual residence as a result of such events, is 
        unable or, owing to such fear, is unwilling to return 
        to it.
          In the case of a person who has more than one 
        nationality, the term ``the country of his 
        nationality'' shall mean each of the countries of which 
        he is a national, and a person shall not be deemed to 
        be lacking the protection of the country of his 
        nationality if, without any valid reason based on well-
        founded fear, he has not availed himself of the 
        protection of one of the countries of which he is a 
        national.
  B. (1) For the purposes of this Convention, the words 
``events occurring before 1 January 1951'' in article 1, 
section A, shall be understood to mean either
          (a) ``events occuring in Europe before 1 January 
        1951''; or
          (b) ``events occurring in Europe or elsewhere before 
        1 January 1951'';
and each Contracting State shall make a declaration at the time 
of signature, ratification or accession, specifying which of 
these meanings it applies for the purpose of its obligations 
under this Convention.
  (2) Any Contracting State which has adopted alternative (a) 
may at any time extend its obligations by adopting alternative 
(b) by means of a notification addressed to the Secretary-
General of the United Nations.
  C. This Convention shall cease to apply to any person falling 
under the terms of section A if:
          (1) He has voluntarily re-availed himself of the 
        protection of the country of his nationality; or
          (2) Having lost his nationality, he has voluntarily 
        reacquired it; or
          (3) He has acquired a new nationality, and enjoys the 
        protection of the country of his new nationality; or
          (4) He has voluntarily re-established himself in the 
        country which he left or outside which he remained 
        owing to fear of persecution; or
          (5) He can no longer, because the circumstances in 
        connection with which he has been recognized as a 
        refugee have ceased to exist, continue to refuse to 
        avail himself of the protection of the country of his 
        nationality;
          Provided that this paragraph shall not apply to a 
        refugee falling under section A(1) of this article who 
        is able to invoke compelling reasons arising out of 
        previous persecution for refusing to avail himself of 
        the protection of the country of nationality;
          (6) Being a person who has no nationality he is, 
        because the circumstances in connexion with which he 
        has been recognized as a refugee have ceased to exist, 
        able to return to the country of his former habitual 
        residence;
          Provided that this paragraph shall not apply to a 
        refugee falling under section A(1) of this article who 
        is able to invoke compelling reasons arising out of 
        previous persecutions for refusing to return to the 
        country of his former habitual residence.
  D. This Convention shall not apply to persons who are at 
present receiving from organs or agencies of the United Nations 
other than the United Nations High Commissioner for Refugees 
protection or assistance.
  When such protection or assistance has ceased for any reason, 
without the position of such persons being definitively settled 
in accordance with the relevant resolutions adopted by the 
General Assembly of the United Nations, these persons shall 
ipso facto be entitled to the benefits of this Convention.
  E. This Convention shall not apply to a person who is 
recognized by the competent authorities of the country in which 
he has taken residence as having the rights and obligations 
which are attached to the possession of the nationality of that 
country.
  F. The provisions of this Convention shall not apply to any 
person with respect to whom there are serious reasons for 
considering that:
          (a) he has committed a crime against peace, a war 
        crime, or a crime against humanity, as defined in the 
        international instruments drawn up to make provision in 
        respect of such crimes;
          (b) he has committed a serious non-political crime 
        outside the country of refuge prior to his admission to 
        that country as a refugee;
          (c) he has been guilty of acts contrary to the 
        purposes and principles of the United Nations.

                               Article 2

                          General Obligations

  Every refugee has duties to the country in which he finds 
himself, which require in particular that he conform to its 
laws and regulations as well as to measures taken for the 
maintenance of public order.

                               Article 3

                           Non-discrimination

  The Contracting States shall apply the provisions of this 
Convention to refugees without discrimination as to race, 
religion or country of origin.

                               Article 4

                                Religion

  The Contracting States shall accord to refugees within their 
territories treatment at least as favourable as that accorded 
to their nationals with respect to freedom to practice their 
religion and freedom as regard the religious education of their 
children.

                               Article 5

               Rights Granted Apart from this Convention

  Nothing in this Convention shall be deemed to impair any 
rights and benefits granted by a Contracting State to refugees 
apart from this Convention.

                               Article 6

                 The Term ``in the same circumstances''

  For the purpose of this Convention, the term ``in the same 
circumstances'' implies that any requirements (including 
requirements as to length and conditions of sojourn or 
residence) which the particular individual would have to 
fulfill for the enjoyment of the right in question, if he were 
not a refugee, must be fulfilled by him, with the exception of 
requirements which by their nature a refugee is incapable of 
fulfilling.

                               Article 7

                       Exemption from Reciprocity

  1. Except where this Convention contains more favourable 
provisions, a Contracting State shall accord to refugees the 
same treatment as is accorded to aliens generally.
  2. After a period of three years' residence, all refugees 
shall enjoy exemption from legislative reciprocity in the 
territory of the Contracting States.
  3. Each Contracting State shall continue to accord to 
refugees the rights and benefits to which they were already 
entitled, in the absence of reciprocity, at the date of entry 
into force of this Convention for that State.
  4. The Contracting States shall consider favourably the 
possibility of according to refugees, in the absence of 
reciprocity, rights and benefits beyond those to which they are 
entitled according to paragraphs 2 and 3, and to extending 
exemption from reciprocity to refugees who do not fulfill the 
conditions provided for in paragraphs 2 and 3.
  5. The provisions of paragraphs 2 and 3 apply both to the 
rights and benefits referred to in articles 13, 18, 19, 21 and 
22 of this Convention and to rights and benefits for which this 
Convention does not provide.

                               Article 8

                  Exemption from Exceptional Measures

  With regard to exceptional measures which may be taken 
against the persons, property or interests of nationals of a 
foreign State, the Contracting States shall not apply such 
measures to a refugee who is formally a national of the said 
State solely on account of such nationality. Contracting States 
which, under their legislation, are prevented from applying the 
general principle expressed in this article, shall, in 
appropriate cases, grant exemptions in favour of such refugees.

                               Article 9

                          Provisional Measures

  Nothing in this Convention shall prevent a Contracting State, 
in time of war or other grave and exceptional circumstances, 
from taking provisionally measures which it considers to be 
essential to the national security in the case of a particular 
person, pending a determination by the Contracting State that 
that person is in fact a refugee and that the continuance of 
such measures is necessary in his case in the interests of 
national security.

                               Article 10

                        Continuity of Residence

  1. Where a refugee has been forcibly displaced during the 
Second World War and removed to the territory of a Contracting 
State, and is resident there, the period of such enforced 
sojourn shall be considered to have been lawful residence 
within that territory.
  2. Where a refugee has been forcibly displaced during the 
Second World War from the territory of a Contracting State and 
has, prior to the date of entry into force of this Convention, 
returned there for the purpose of taking up residence, the 
period of residence before and after such enforced displacement 
shall be regarded as one uninterrupted period for any purposes 
for which uninterrupted residence is required.

                               Article 11

                             Refugee Seamen

  In the case of refugees regularly serving as crew members on 
board a ship flying the flag of a Contracting State, that State 
shall give sympathetic consideration to their establishment on 
its territory and the issue of travel documents to them or 
their temporary admission to its territory particularly with a 
view to facilitating their establishment in another country.

                               Chapter II

                            JURIDICAL STATUS

                               Article 12

                            Personal Status

  1. The personal status of a refugee shall be governed by the 
law of the country of his domicile or, if he has no domicile, 
by the law of the country of his residence.
  2. Rights previously acquired by a refugee and dependent on 
personal status, more particularly rights attaching to 
marriage, shall be respected by a Contracting State, subject to 
compliance, if this be necessary, with the formalities required 
by the law of that State, provided that the right in question 
is one which would have been recognized by the law of that 
State had he not become a refugee.

                               Article 13

                     Movable and Immovable Property

  The Contracting States shall accord to a refugee treatment as 
favourable as possible and, in any event, not less favourable 
than that accorded to aliens generally in the same 
circumstances, as regards the acquisition of movable and 
immovable property and other rights pertaining thereto, and to 
leases and other contracts relating to movable and immovable 
property.

                               Article 14

                Artistic Rights and Industrial Property

  In respect to the protection of industrial property, such as 
inventions, designs or models, trade marks, trade names, and of 
rights in literary, artistic and scientific works, a refugee 
shall be accorded in the country in which he has his habitual 
residence the same protection as is accorded to nationals of 
that country. In the territory of any other Contracting State, 
he shall be accorded the same protection as is accorded in that 
territory to nationals of the country in which he has his 
habitual residence.

                               Article 15

                         Rights of Association

  As regards non-political and non-profitmaking associations 
and trade unions the Contracting States shall accord to 
refugees lawfully staying in their territory the most 
favourable treatment accorded to nationals of a foreign 
country, in the same circumstances.

                               Article 16

                            Access to Courts

  1. A refugee shall have free access to the courts of law on 
the territory of all Contracting States.
  2. A refugee shall enjoy in the Contracting State in which he 
has his habitual residence the same treatment as a national in 
matters pertaining to access to the Courts, including legal 
assistance and exemption from cautio judicatun solvi.
  3. A refugee shall be accorded in the matters referred to in 
paragraph 2 in countries other than that in which he has his 
habitual residence the treatment granted to a national of the 
country of his habitual residence.

                              Chapter III

                           GAINFUL EMPLOYMENT

                               Article 17

                        Wage-earning Employment

  1. The Contracting States shall accord to refugees lawfully 
staying in their territory the most favourable treatment 
accorded to nationals of a foreign country in the same 
circumstances, as regards the right to engage in wage-earning 
employment.
  2. In any case, restrictive measures imposed on aliens or the 
employment of aliens for the protection of the national labour 
market shall not be applied to a refugee who was already exempt 
from them at the date of entry into force of this Convention 
for the Contracting State concerned, or who fulfils one of the 
following conditions:
          (a) He has completed three years' residence in the 
        country.
          (b) He has a spouse possessing the nationality of the 
        country of residence. A refugee may not invoke the 
        benefit of this provision if he has abandoned his 
        spouse;
          (c) He has one or more children possessing the 
        nationality of the country of residence.
  3. The Contracting States shall give sympathetic 
consideration to assimilating the rights of all refugees with 
regard to wage-earning employment to those of nationals, and in 
particular of those refugees who have entered their territory 
pursuant to programmes of labour recruitment or under 
immigration schemes.

                               Article 18

                            Self-employment

  The Contracting States shall accord to a refugee lawfully in 
their territory treatment as favourable as possible and, in any 
event, not less favourable than that accorded to aliens 
generally in the same circumstances, as regards the right to 
engage on his own account in agriculture, industry, handicrafts 
and commerce and to establish commercial and industrial 
companies.

                               Article 19

                          Liberal Professions

  1. Each Contracting State shall accord to refugees lawfully 
staying in their territory who hold diplomas recognized by the 
competent authorities of that State, and who are desirous of 
practising a liberal profession, treatment as favourable as 
possible and, in any event, not less favourable than that 
accorded to aliens generally in the same circumstances.
  2. The Contracting States shall use their best endeavours 
consistently with their laws and constitutions to secure the 
settlement of such refugees in the territories, other than the 
metropolitan territory, for whose international relations they 
are responsible.

                               Chapter IV

                                WELFARE

                               Article 20

                               Rationing

  Where a rationing system exists, which applies to the 
population at large and regulates the general distribution of 
products in short supply, refugees shall be accorded the same 
treatment as nationals.

                               Article 21

                                Housing

  As regards housing, the Contracting States, in so far as the 
matter is regulated by laws or regulations or is subject to the 
control of public authorities, shall accord to refugees 
lawfully staying in their territory treatment as favourable as 
possible and, in any event, not less favourable than that 
accorded to aliens generally in the same circumstances.

                               Article 22

                            Public Education

  1. The Contracting States shall accord to refugees the same 
treatment as is accorded to nationals with respect to 
elementary education.
  2. The Contracting States shall accord to refugees treatment 
as favourable as possible, and, in any event, not less 
favourable than that accorded to aliens generally in the same 
circumstances, with respect to education other than elementary 
education and, in particular, as regards access to studies, the 
recognition of foreign school certificates, diplomas and 
degrees, the remission of fees and charges and the award of 
scholarships.

                               Article 23

                             Public Relief

  The Contracting States shall accord to refugees lawfully 
staying in their territory the same treatment with respect to 
public relief and assistance as is accorded to their nationals.

                               Article 24

                 Labour Legislation and Social Security

  1. The Contracting States shall accord to refugees lawfully 
staying in their territory the same treatment as is accorded to 
nationals in respect of the following matters:
          (a) In so far as such matters are governed by laws or 
        regulations or are subject to the control of 
        administrative authorities: remuneration, including 
        family allowances where these form part of 
        remuneration, hours of work, overtime arrangements, 
        holidays with pay, restrictions on home work, minimum 
        age of employment, apprenticeship and training, women's 
        work and the work of young persons, and the enjoyment 
        of the benefits of collective bargaining;
          (b) Social security (legal provisions in respect of 
        employment injury, occupational diseases, maternity, 
        sickness, disability, old age, death, unemployment, 
        family responsibilities and any other contingency 
        which, according to national laws or regulations, is 
        covered by a social security scheme), subject to the 
        following limitations;
                  (i) There may be appropriate arrangements for 
                the maintenance of acquired rights and rights 
                in course of acquisition;
                  (ii) National laws or regulations of the 
                country of residence may prescribe special 
                arrangements concerning benefits or portions of 
                benefits which are payable wholly out of public 
                funds, and concerning allowances paid to 
                persons who do not fulfill the contribution 
                conditions prescribed for the award of a normal 
                pension.
  2. The right to compensation for the death of a refugee 
resulting from employment injury or from occupational disease 
shall not be affected by the fact that the residence of the 
beneficiary is outside the territory of the Contracting State.
  3. The Contracting States shall extend to refugees the 
benefits of agreements concluded between them, or which may be 
concluded between them in the future, concerning the 
maintenance of acquired rights and rights in the process of 
acquisition in regard to social security, subject only to the 
conditions which apply to nationals of the States signatory to 
the agreements in question.
  4. The Contracting States will give sympathetic consideration 
to extending to the refugees so far as possible the benefits of 
similar agreements which may at any time be in force between 
such Contracting States and noncontracting States.

                               Chapter V

                        ADMINISTRATIVE MEASURES

                               Article 25

                       Administrative Assistance

  1. When the exercise of a right by a refugee would normally 
require the assistance of authorities of a foreign country to 
whom he cannot have recourse, the Contracting States in whose 
territory he is residing shall arrange that such assistance be 
afforded to him by their own authorities or by an international 
authority.
  2. The authority or authorities mentioned in paragraph 1 
shall deliver or cause to be delivered under their supervision 
to refugees such documents or certifications as would normally 
be delivered to aliens by or through their national 
authorities.
  3. Documents or certifications so delivered shall stand in 
the stead of the official instruments delivered to aliens by or 
through their national authorities, and shall be given credence 
in the absence of proof to the contrary.
  4. Subject to such exceptional treatment as may be granted to 
indigent persons fees may be charged for the services mentioned 
herein, but such fees shall be moderate and commensurate with 
those charged to nationals for similar services.
  5. The provisions of this article shall be without prejudice 
to articles 27 and 28.

                               Article 26

                          Freedom of Movement

  Each Contracting State shall accord to refugees lawfully in 
its territory the right to choose their place of residence and 
to move freely within its territory, subject to any regulations 
applicable to aliens generally in the same circumstances.

                               Article 27

                            Identity Papers

  The Contracting States shall issue identity papers to any 
refugee in their territory who does not possess a valid travel 
document.

                               Article 28

                            Travel Documents

  1. The Contracting States shall issue to refugees lawfully 
staying in their territory travel documents for the purpose of 
travel outside their territory, unless compelling reasons of 
national security or public order otherwise require, and the 
provisions of the Schedule to this Convention shall apply with 
respect to such documents. The Contracting States may issue 
such a travel document to any other refugee in their territory; 
they shall in particular give sympathetic consideration to the 
issue of such a travel document to refugees in their territory 
who are unable to obtain a travel document from the country of 
their lawful residence.
  2. Travel documents issued to refugees under previous 
international agreements by parties thereto shall be recognized 
and treated by the Contracting States in the same way as if 
they had been issued pursuant to this article.

                               Article 29

                             Fiscal Charges

  1. The Contracting States shall not impose upon refugees 
duties, charges or taxes, of any description whatsoever, other 
or higher than those which are or may be levied on their 
nationals in similar situations.
  2. Nothing in the above paragraph shall prevent the 
application to refugees of the laws and regulations concerning 
charges in respect of the issue to aliens of administrative 
documents including identity papers.

                               Article 30

                           Transfer of Assets

  1. A Contracting State shall, in conformity with its laws and 
regulations, permit refugees to transfer assets which they have 
brought into its territory, to another country where they have 
been admitted for the purposes of resettlement.
  2. A Contracting State shall give sympathetic consideration 
to the application of refugees for permission to transfer 
assets wherever they may be and which are necessary for their 
resettlement in another country to which they have been 
admitted.

                               Article 31

              Refugees Unlawfully in the Country of Refuge

  1. The Contracting States shall not impose penalties, on 
account of their illegal entry or presence, on refugees who, 
coming directly from a territory where their life or freedom 
was threatened in the sense of article 1, enter or are present 
in their territory without authorization, provided they present 
themselves without delay to the authorities and show good cause 
for their illegal entry or presence.
  2. The Contracting States shall not apply to the movements of 
such refugees restrictions other than those which are necessary 
and such restrictions shall only be applied until their status 
in the country is regularized or they obtain admission into 
another country. The Contracting States shall allow such 
refugees a reasonable period and all the necessary facilities 
to obtain admission into another country.

                               Article 32

                               Expulsion

  1. The Contracting States shall not expel a refugee lawfully 
in their territory save on grounds of national security or 
public order.
  2. The expulsion of such a refugee shall be only in pursuance 
of a decision reached in accordance with due process of law. 
Except where compelling reasons of national security otherwise 
require, the refugee shall be allowed to submit evidence to 
clear himself, and to appeal to and be represented for the 
purpose before competent authority or a person or persons 
specially designated by the competent authority.
  3. The Contracting States shall allow such a refugee a 
reasonable period within which to seek legal admission into 
another country. The Contracting States reserve the right to 
apply during that period such internal measures as they may 
deem necessary.

                               Article 33

          Prohibition of Expulsion or Return (``Refoulement'')

  1. No Contracting State shall expel or return (``refouler'') 
a refugee in any manner whatsoever to the frontiers of 
territories where his life or freedom would be threatened on 
account of his race, religion, nationality, membership of a 
particular social group or political opinion.
  2. The benefit of the present provision may not, however, be 
claimed by a refugee whom there are reasonable grounds for 
regarding as a danger to the security of the country in which 
he is, or who, having been convicted by a final judgment of a 
particularly serious crime, constitutes a danger to the 
community of that country.

                               Article 34

                             Naturalization

  The Contracting States shall as far as possible facilitate 
the assimilation and naturalization of refugees. They shall in 
particular make every effort to expedite naturalization 
proceedings and to reduce as far as possible the charges and 
costs of such proceedings.

                               Chapter VI

                  EXECUTORY AND TRANSITORY PROVISIONS

                               Article 35

    Co-operation of the National Authorities with the United Nations

  1. The Contracting States undertake to co-operate with the 
Office of the United Nations High Commissioner for Refugees, or 
any other agency of the United Nations which may succeed it, in 
the exercise of its functions, and shall in particular 
facilitate its duty of supervising the application of the 
provisions of this Convention.
  2. In order to enable the Office of the High Commissioner or 
any other agency of the United Nations which may succeed it, to 
make reports to the competent organs of the United Nations, the 
Contracting States undertake to provide them in the appropriate 
form with information and statistical data requested 
concerning:
          (a) the condition of refugees,
          (b) the implementation of this Convention, and
          (c) laws, regulations and decrees which are, or may 
        hereafter be, in force relating to refugees.

                               Article 36

                  Information on National Legislation

  The Contracting States shall communicate to the Secretary-
General of the United Nations the laws and regulations which 
they may adopt to ensure the application of this Convention.

                               Article 37

                    Relation to Previous Convention

  Without prejudice to article 28, paragraph 2, of this 
Convention, this Convention replaces, as between parties to it, 
the Arrangements of 5 July 1922,\8\ 31 May 1924, 12 May 1926, 
30 June 1928 and 30 July 1935, the Conventions of 28 October 
1933 and 10 February 1938, the Protocol of 14 September 1939 
and the Agreement of 15 October 1946.\9\
---------------------------------------------------------------------------
    \8\ 13 LNTS 237.
    \9\ 11 LNTS 73.
---------------------------------------------------------------------------

                              Chapter VII

                             FINAL CLAUSES

                               Article 38

                         Settlement of Disputes

  Any dispute between parties to this Convention relating to 
its interpretation of application, which cannot be settled by 
other means, shall be referred to the International Court of 
Justice at the request of any one of the parties to the 
dispute.

                               Article 39

                 Signature, Ratification and Accession

  1. This Convention shall be opened for signature at Geneva on 
28 July 1951 and shall thereafter be deposited with the 
Secretary-General of the United Nations. It shall be open for 
signature at the European Office of the United Nations from 28 
July to 31 August 1951 and shall be re-opened for signature at 
the Headquarters of the United Nations from 17 September 1951 
to 31 December 1952.
  2. This Convention shall be open for signature on behalf of 
all States Members of the United Nations, and also on behalf of 
any other State invited to attend the Conference of 
Plenipotentiaries on the Status of Refugees and Stateless 
Persons or to which an invitation to sign will have been 
addressed by the General Assembly. It shall be ratified and the 
instruments of ratification shall be deposited with the 
Secretary-General of the United Nations.
  3. This Convention shall be open from 28 July 1951 for 
accession by the States referred to in paragraph 2 of this 
article. Accession shall be effected by the deposit of an 
instrument of accession with the Secretary-General of the 
United Nations.

                               Article 40

                     Territorial Application Clause

  1. Any State may, at the time of signature, ratification or 
accession, declare that this Convention shall extend to all or 
any of the territories for the international relations of which 
it is responsible. Such a declaration shall take effect when 
the Convention enters into force for the State concerned.
  2. At any time thereafter any such extension shall be made by 
notification addressed to the Secretary-General of the United 
Nations and shall take effect as from the ninetieth day after 
the day of receipt by the Secretary-General of the United 
Nations of this notification, or as from the date of entry into 
force of the Convention for the State concerned, whichever is 
the later.
  3. With respect to those territories to which this Convention 
is not extended at the time of signature, ratification or 
accession, each State concerned shall consider the possibility 
of taking the necessary steps in order to extend the 
application of this Convention to such territories, subject, 
where necessary for constitutional reasons, to the consent of 
the Government of such territories.

                               Article 41

                             Federal Clause

  In the case of a Federal or non-unitary State, the following 
provisions shall apply:
          (a) With respect to those articles of this Convention 
        that come within the legislative jurisdiction of the 
        federal legislative authority, the obligations of the 
        Federal Government shall to this extent be the same as 
        those of Parties which are not Federal States;
          (b) With respect to those articles of this Convention 
        that come within the legislative jurisdiction of 
        constituent States, provinces or cantons which are not, 
        under the constitutional system of the federation, 
        bound to take legislative action, the Federal 
        Government shall bring such articles with a favourable 
        recommendation to the notice of the appropriate 
        authorities of States, provinces or cantons at the 
        earliest possible moment.
          (c) A Federal State Party to this Convention shall, 
        at the request of any other Contracting State 
        transmitted through the Secretary-General of the United 
        Nations, supply a statement of the law and practice of 
        the Federation and its constituent units in regard to 
        any particular provision of the Convention showing the 
        extent to which effect has been given to that provision 
        by legislative or other action.

                               Article 42

                              Reservations

  1. At the time of signature, ratification or accession, any 
State may make reservations to articles of the Convention other 
than to articles 1, 3, 4, 16(I), 33, 36-46 inclusive.
  2. Any State making a reservation in accordance with 
paragraph 1 of this article may at any time withdraw the 
reservation by a communication to that effect addressed to the 
Secretary-General of the United Nations.

                               Article 43

                            Entry into Force

  1. This Convention shall come into force on the ninetieth day 
following the day of deposit of the sixth instrument of 
ratification or accession.
  2. For each State ratifying or acceding to the Convention 
after the deposit of the sixth instrument of ratification or 
accession, the Convention shall enter into force on the 
ninetieth day following the date of deposit by such State of 
its instrument of ratification or accession.

                               Article 44

                              Denunciation

  1. Any Contracting State may denounce this Convention at any 
time by a notification addressed to the Secretary-General of 
the United Nations.
  2. Such denunciation shall take effect for the Contracting 
State concerned one year from the date upon which it is 
received by the Secretary-General of the United Nations.
  3. Any State which has made a declaration or notification 
under article 40 may, at any time thereafter, by a notification 
to the Secretary-General of the United Nations, declare that 
the Convention shall cease to extend to such territory one year 
after the date of receipt of the notification by the Secretary-
General.

                               Article 45

                                Revision

  1. Any Contracting State may request revision of this 
Convention at any time by a notification addressed to the 
Secretary-General of the United Nations.
  2. The General Assembly of the United Nations shall recommend 
the steps, if any, to be taken in respect of such request.

                               Article 46

      Notifications by the Secretary-General of the United Nations

  The Secretary-General of the United Nations shall inform all 
Members of the United Nations and non-member States referred to 
in article 39:
          (a) Of declaration and notifications in accordance 
        with section B of article 1;
          (b) Of signature, ratifications and accessions in 
        accordance with article 39;
          (c) Of declarations and notifications in accordance 
        with article 40;
          (d) Of reservations and withdrawals in accordance 
        with article 42;
          (e) Of the date on which this Convention will come 
        into force in accordance with article 43;
          (f) Of denunciations and notifications in accordance 
        with article 44;
          (g) Of requests for revision in accordance with 
        article 45.

  In faith whereof the undersigned, duly authorized, have 
signed this Convention on behalf of their respective 
Governments,

  Done at Geneva, this twenty-eighth day of July, one thousand 
nine hundred and fifty-one, in a single copy, of which the 
English and French texts are equally authentic and which shall 
remain deposited in the archives of the United Nations, and 
certified true copies of which shall be delivered to all 
Members of the United Nations and to the non-member States 
referred to in article 39.

                                SCHEDULE

                              Paragraph 1

  1. The travel document referred to in article 28 of this 
Convention shall be similar to the specimen annexed hereto.
  2. The document shall be made out in at least two languages, 
one of which shall be English or French.

                              Paragraph 2

  Subject to the regulations obtaining in the country of issue, 
children may be included in the travel document of a parent or, 
in exceptional circumstances, of another adult refugee.

                              Paragraph 3

  The fees charged for issue of the document shall not exceed 
the lowest scale of charges for national passports.

                              Paragraph 4

  Save in special or exceptional cases, the document shall be 
made valid for the largest possible number of countries.

                              Paragraph 5

  The document shall have a validity of either one or two 
years, at the discretion of the issuing authority.

                              Paragraph 6

  1. The renewal or extension of the validity of the document 
is a matter for the authority which issued it, so long as the 
holder has not established lawful residence in another 
territory and resides lawfully in the territory of the said 
authority. The issue of a new document is, under the same 
conditions, a matter for the authority which issued the former 
document.
  2. Diplomatic or consular authorities, specially authorized 
for the purpose, shall be empowered to extend, for a period not 
exceeding six months, the validity of travel documents issued 
by their Governments.
  3. The Contracting States shall give sympathetic 
consideration to renewing or extending the validity of travel 
documents or issuing new documents to refugees no longer 
lawfully resident in their territory who are unable to obtain a 
travel document from the country of their lawful residence.

                              Paragraph 7

  The Contracting States shall recognize the validity of the 
documents issued in accordance with the provisions of article 
28 of this Convention.

                              Paragraph 8

  The competent authorities of the country to which the refugee 
desires to proceed shall, if they are prepared to admit him and 
if a visa is required, affix a visa on the document of which he 
is the holder.

                              Paragraph 9

  1. The Contracting States undertake to issue transit visas to 
refugees who have obtained visas for a territory of final 
destination.
  2. The issue of such visas may be refused on grounds which 
would justify refusal of a visa to any alien.

                              Paragraph 10

  The fees for the issue of exit, entry or transit visas shall 
not exceed the lowest scale of charges for visas on foreign 
passports.

                              Paragraph 11

  When a refugee has lawfully taken up residence in the 
territory of another Contracting State, the responsibility for 
the issue of a new document, under the terms and conditions of 
article 28, shall be that of the competent authority of that 
territory, to which the refugee shall be entitled to apply.

                              Paragraph 12

  The authority issuing a new document shall withdraw the old 
document and shall return it to the country of issue if it is 
stated in the document that it should be so returned; otherwise 
it shall withdraw and cancel the document.

                              Paragraph 13

  1. Each Contracting State undertakes that the holder of a 
travel document issued by it in accordance with article 28 of 
this Convention shall be readmitted to its territory at any 
time during the period of its validity.
  2. Subject to the provisions of the preceding sub-paragraph, 
a Contracting State may require the holder of the document to 
comply with such formalities as may be prescribed in regard to 
exit from or return to its territory.
  3. The Contracting States reserve the right, in exceptional 
cases, or in cases where the refugee's stay is authorized for a 
specific period, when issuing the document, to limit the period 
during which the refugee may return to a period of not less 
than three months.

                              Paragraph 14

  Subject only to the terms of paragraph 13, the provisions of 
this Schedule in no way affect the laws and regulations 
governing the conditions of admission to, transit through, 
residence and establishment in, and departure from, the 
territories of the Contracting States.

                              Paragraph 15

  Neither the issue of the document nor the entries made 
thereon determine or affect the status of the holder, 
particularly as regards nationality.

                              Paragraph 16

  The issue of the document does not in any way entitle the 
holder to the protection of the diplomatic or consular 
authorities of the country of issue, and does not confer on 
these authorities a right of protection.
=======================================================================


     E. INFORMATION AND EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

                                CONTENTS

                                                                   Page

 1. Agreement for Facilitating the International Circulation of 
    Visual and Auditory Materials of an Educational, Scientific, 
    and Cultural Character (Beirut Agreement of 1949)............   178
 2. Agreement on the Importation of Educational, Scientific, and 
    Cultural Materials (Florence Agreement), with Reservation and 
    Associated Protocol..........................................   184
 3. Protocol to the Agreement on the Importation of Educational, 
    Scientific, and Cultural Materials...........................   193

=======================================================================

      
 1. Agreement for Facilitating the International Circulation of Visual 
   and Auditory Materials of an Educational, Scientific and Cultural 
                Character (Beirut Agreement of 1949) \1\

 Agreement and Protocol opened for signature at Lake Success July 15, 
   1949; Signed on behalf of the United States, September 13, 1949; 
   Ratification advised by the Senate, May 26, 1960; Ratified by the 
    President, September 30, 1966; Acceptance by the United States 
deposited with the Secretary-General of the United Nations October 14, 
1966; Proclaimed by the President, October 14, 1966; Date of entry into 
       force with respect to the United States, January 12, 1967

  The Governments of the States signatory to the present 
Agreement,
---------------------------------------------------------------------------
    \1\ 17 UST 1578; TIAS 6116; 197 UNTS 3. For a list of states which 
are parties to the Agreement, see Department of State publication, 
Treaties in Force.

  Being convinced that in facilitating the international 
circulation of visual and auditory materials of an educational, 
scientific and cultural character, the free flow of ideas by 
word and image will be promoted and the mutual understanding of 
peoples thereby encouraged, in conformity with the aims of the 
United Nations Educational, Scientific and Cultural 
---------------------------------------------------------------------------
Organization,

  Have agreed as follows:

                               Article I

  The present Agreement shall apply to visual and auditory 
materials of the types specified in article II which are of an 
educational, scientific or cultural character.
  Visual and auditory materials shall be deemed to be of an 
educational, scientific or cultural character:
          (a) When their primary purpose or effect is to 
        instruct or inform through the development of a subject 
        or aspect of a subject, or when their content is such 
        as to maintain, increase or diffuse knowledge, and 
        augment international understanding and good will; and
          (b) When the materials are representative, authentic, 
        and accurate; and
          (c) When the technical quality is such that it does 
        not interfere with the use made of the material.

                               Article II

  The provisions of the preceding Article shall apply to visual 
and auditory materials of the following types and forms:
          (a) Films, filmstrips and microfilm in either 
        negative form, exposed and developed, or positive form, 
        printed and developed;
          (b) Sound recordings of all types and forms;
          (c) Glass slides; models, static and moving; wall 
        charts, maps and posters.
  These materials are hereinafter referred to as material.

                              Article III

  1. Each of the contracting States shall accord, within six 
months from the coming into force of the present Agreement with 
respect to that State exemption from all Customs duties and 
quantitative restrictions and from the necessity of applying 
for an import license in respect of the importation, either 
permanent or temporary, of material originating in the 
territory of any of the other contracting States.
  2. Nothing in this Agreement shall exempt material from those 
taxes, fees, charges or exactions which are imposed on the 
import of all articles without exception and without regard to 
their nature and origin, even though such articles are exempt 
from customs duties; such taxes, fees and exactions shall 
include, but are not limited to, nominal statistical fees and 
stamp duties.
  3. Material entitled to the privileges provided by paragraph 
1 of this article shall be exempt, in the territory of the 
country of entry, from all internal taxes, fees, charges or 
exactions other or higher than those imposed on like products 
of that country, and shall be accorded treatment no less 
favourable than that accorded like products of that country in 
respect of all internal laws, regulations or requirements 
affecting its sale, transportation or distribution or affecting 
its processing, exhibition or other use.
  4. Nothing in this Agreement shall require any contracting 
State to deny the treatment provided for in this article to 
like material of an educational, scientific or cultural 
character originating in any State not a party to this 
Agreement in any case in which the denial of such treatment 
would be contrary to an international obligation or to the 
commercial policy of such contracting State.

                               Article IV

  1. To obtain the exemption, provided under the present 
Agreement for material for which admission into the territory 
of a contracting State is sought, a certificate that such 
material is of an educational, scientific or cultural character 
within the meaning of article I, shall be filed in connection 
with the entry.
  2. The certificate shall be issued by the appropriate 
governmental agency of the State wherein the material to which 
the certificate relates originated, or by the United Nations 
Educational, Scientific and Cultural Organization as provided 
for in paragraph 3 of this article, and in the forms annexed 
hereto. The prescribed forms of certificate may be amended or 
revised upon mutual agreement of the contracting States, 
provided such amendment or revision is in conformity with the 
provisions of this Agreement.
  3. Certificates shall be issued by the United Nations 
Educational, Scientific and Cultural Organization for material 
of educational, scientific or cultural character produced by 
international organizations recognized by the United Nations or 
by any of the specialized agencies.
  4. On the filing of any such certificate, there will be a 
decision by the appropriate governmental agency of the 
contracting State into which entry is sought as to whether the 
material is entitled to the privilege provided by article III, 
paragraph 1, of the present Agreement. This decision shall be 
made after consideration of the material and through the 
application of the standards provided in article I. If, as a 
result of that consideration, such agency of the contracting 
State into which entry is sought intends not to grant the 
privileges provided by article III, paragraph 1, to that 
material because it does not concede its educational, 
scientific and cultural character, the Government of the State 
which certified the material, or UNESCO, as the case may be, 
shall be notified prior to any final decision in order that it 
may make friendly representations in support of the exemption 
of that material to the Government of the other State into 
which entry is sought.
  5. The governmental agency of the contracting State into 
which entry is sought shall be entitled to impose regulations 
upon the importer of the material to ensure that it shall only 
be exhibited or used for non-profit-making purposes.
  6. The decision of the appropriate governmental agency of the 
contracting State into which entry is sought, provided for in 
paragraph 4 of this article shall be final, but in making its 
decision the said agency shall give due consideration to any 
representations made to it by the Government certifying the 
material or by UNESCO as the case may be.

                               Article V

  Nothing in the present Agreement shall affect the right of 
the contracting States to censor material in accordance with 
their own laws or to adopt measures to prohibit or limit the 
importation of material for reasons of public security or 
order.

                               Article VI

  Each of the contracting States shall send to the United 
Nations Educational, Scientific and Cultural Organization a 
copy of each certificate which it issues to material 
originating within its own territory and shall inform the 
United Nations Educational, Scientific and Cultural 
Organization of the decisions taken and the reasons for any 
refusals in respect of certified materials from other 
contracting States for which entry is sought into its own 
territory. The United Nations Educational, Scientific and 
Cultural Organization shall communicate this information to all 
contracting States and shall maintain and publish in English 
and French catalogues of material showing all the 
certifications and decisions made in respect of them.

                              Article VII

  The contracting States undertake jointly to consider means of 
reducing to a minimum the restrictions that are not removed by 
the present Agreement which might interfere with the 
international circulation of the material referred to in 
article I.

                              Article VIII

  Each contracting State shall communicate to the United 
Nations Educational, Scientific and Cultural Organization, 
within the period of six months following the coming into force 
of the present Agreement the measures taken in their respective 
territories to ensure the execution of the provisions of the 
present Agreement. The United Nations Educational, Scientific 
and Cultural Organization shall communicate this information as 
it receives it to all contracting States.

                               Article IX

  1. All disputes arising out of the interpretation or 
application of the present Agreement between States which are 
both parties to the Statute of the International Court of 
Justice,\2\ except as to Articles IV and V, shall be referred 
to the International Court of Justice unless in any specific 
case it is agreed by the parties to have recourse to another 
mode of settlement.
---------------------------------------------------------------------------
    \2\ TS 993; 59 Stat. 1055.
---------------------------------------------------------------------------
  2. If the contracting States between which a dispute has 
arisen are not parties or any one of them is not party to the 
Statute of the International Court of Justice, the dispute 
shall, if the States concerned so desire, be submitted, in 
accordance with the constitutional rules of each of them, to an 
arbitral tribunal established in conformity with the Convention 
for the Pacific Settlement of International Disputes signed at 
The Hague on 18 October 1907,\3\ or to any other arbitral 
tribunal.
---------------------------------------------------------------------------
    \3\ TS 536; 36 Stat. 2199.
---------------------------------------------------------------------------

                               Article X

  The present Agreement is open to acceptance by the signatory 
States. The instrument of acceptance shall be deposited with 
the Secretary-General of the United Nations who shall notify 
all the Members of the United States of each deposit and the 
date thereof.

                               Article XI

  1. On or after 1 January 1950 any Member of the United 
Nations not a signatory to the present Agreement, and any non-
member State to which a certified copy of the present Agreement 
has been communicated by the Secretary-General of the United 
Nations, may accede to it.
  2. The instrument of accession shall be deposited with the 
Secretary-General of the United Nations, who shall notify all 
the Members of the United Nations and the non-Member States, 
referred to in the preceding paragraph, of each deposit and the 
date thereof.

                              Article XII

  1. The present Agreement shall come into force ninety days 
after the Secretary-General of the United Nations has received 
at least ten instruments of acceptance or accession in 
accordance with article X or article XI. As soon as possible 
thereafter the Secretary-General shall draw up a proces-verbal 
specifying the date on which, in accordance with this 
paragraph, the present Agreement shall have come into force.
  2. In respect of each State on behalf of which an instrument 
of acceptance or accession is subsequently deposited, the 
present Agreement shall come into force ninety days after the 
date of the deposit of such instrument.
  3. The present Agreement shall be registered with the 
Secretary-General of the United Nations on the day of its entry 
into force in accordance with article 102 of the Charter \4\ 
and the regulations made thereunder by the General Assembly.
---------------------------------------------------------------------------
    \4\ TS 993; 59 Stat. 1052.
---------------------------------------------------------------------------

                              Article XIII

  1. The present Agreement may be denounced by any contracting 
State after the expiration of a period of three years from the 
date on which it comes into force in respect of that particular 
State.
  2. The denunciation of the Agreement by any contracting 
States shall be effected by a written notification addressed by 
that State to the Secretary-General of the United Nations who 
shall notify all the Members of the United Nations and all non-
member States referred to in article XI of each notification 
and the date of the receipt thereof.
  3. The denunciation shall take effect one year after the 
receipt of the notification by the Secretary-General of the 
United Nations.

                              Article XIV

  1. Any contracting State may declare, at the time of 
signature, acceptance, or accession, that in accepting the 
present Agreement it is not assuming any obligation in respect 
of all or any territories, for which such contracting State has 
international obligations. The present Agreement shall, in that 
case, not be applicable to the territories named in the 
declaration.
  2. The contracting States in accepting the present Agreement 
do not assume responsibility in respect of any or all Non-Self-
Governing territories for which they are responsible but may 
notify the acceptance of the Agreement by any or all of such 
territories at the time of acceptance by such contracting 
States or at any time thereafter. The present Agreement shall, 
in such cases, apply to all the territories named in the 
notification ninety days after the receipt thereof by the 
Secretary-General of the United Nations.
  3. Any contracting State may at any time after the expiration 
of the period of three years provided for in article XIII 
declare that it desires the present Agreement to cease to apply 
to all or any territories for which such contracting State has 
international obligations or to any or all Non-Self-Governing 
territories for which it is responsible. The present Agreement 
shall, in that case, cease to apply to the territories named in 
the declaration six months after the receipt thereof by the 
Secretary-General of the United Nations.
  4. The Secretary-General of the United Nations shall 
communicate to all the Members of the United Nations and to all 
non-member States referred to in article XI the declarations 
and notifications received in virtue of the present article, 
together with the dates of the receipt thereof.

                               Article XV

  Nothing in this Agreement shall be deemed to prohibit the 
contracting States from entering into agreements or 
arrangements with the United Nations or any of its specialized 
agencies which would provide for facilities, exemptions, 
privileges or immunities with respect to material emanating 
from or sponsored by the United Nations or by any of its 
specialized agencies.

                              Article XVI

  The original of the present Agreement shall be deposited in 
the archives of the United Nations and shall be opened for 
signature at Lake Success on 15 July 1949 where it shall remain 
open for signature until 31 December 1949. Certified copies of 
the present Agreement shall be furnished by the Secretary-
General of the United Nations to each of the Members of the 
United Nations and to such other Governments as may be 
designated by agreement between the Economic and Social Council 
of the United Nations and the Executive Board of the United 
Nations Educational, Scientific and Cultural Organization.

  In witness whereof, the undersigned plenipotentiaries, having 
deposited their full powers found to be in due and proper form, 
sign the present Agreement in the English and French languages, 
each being equally authentic, on behalf of their respective 
Governments, on the dates appearing opposite their respective 
signatures.
2. Agreement on the Importation of Educational, Scientific and Cultural 
 Materials (Florence Agreement), with Reservation and Annexed Protocol 
                                  \1\

 Agreement and Protocol opened for signature at Lake Success November 
    22, 1950; Signed on behalf of the United States, June 24, 1959; 
Ratification advised by the Senate, February 23, 1960; Ratified by the 
    President, October 14, 1966; Ratification of the United States 
deposited with the Secretary General of the United Nations, November 2, 
1966; Proclaimed by the President, November 3, 1966; Entered into force 
          with respect to the United States, November 2, 1966

                                Preamble

  The contracting States,
---------------------------------------------------------------------------
    \1\ 17 UST 1835; TIAS 6129; 131 UNTS 25. For a list of states which 
are parties to the Agreement, see Department of State publication, 
Treaties in Force.

    Considering that the free exchange of ideas and knowledge 
and, in general, the widest possible dissemination of the 
diverse forms of self-expression used by civilizations are 
vitally important both for intellectual progress and 
international understanding, and consequently for the 
---------------------------------------------------------------------------
maintenance of world peace;

    Considering that this interchange is accomplished primarily 
by means of books, publications and educational, scientific and 
cultural materials;

    Considering that the Constitution of the United Nations 
Educational, Scientific and Cultural Organization urges co-
operation between nations in all branches of intellectual 
activity, including ``the exchange of publications, objects of 
artistic and scientific interest and other materials of 
information'' and provides further that the Organization shall 
``collaborate in the work of advancing the mutual knowledge and 
understanding of peoples, though all means of mass 
communication and to that end recommend such international 
agreements as may be necessary to promote the flow of ideas by 
word and image'';

    Recognize that these aims will be effectively furthered by 
an international agreement facilitating the free flow of books, 
publications and educational, scientific and cultural 
materials; and

    Have, therefore, agreed to the following provisions:

                               Article I

  1. The contracting States undertake not to apply customs 
duties or other charges on, or in connection with, the 
importation of:
          (a) Books, publications and documents, listed in 
        annex A to this Agreement;
          (b) Educational, scientific and cultural materials, 
        listed in annexes B, C, D and E to this Agreement;
which are the products of another contracting State, subject to 
the conditions laid down in those annexes.
  2. The provisions of paragraph 1 of this article shall not 
prevent any contracting State from levying on imported 
materials:
          (a) Internal taxes or any other internal charges of 
        any kind, imposed at the time of importation or 
        subsequently, not exceeding those applied directly or 
        indirectly to like domestic products;
          (b) Fees and charges, other than customs duties, 
        imposed by governmental authorities on, or in 
        connection with, importation, limited in amount to the 
        approximate cost of the services rendered, and 
        representing neither an indirect protection to domestic 
        products nor a taxation of imports for revenue 
        purposes.

                               Article II

  1. The contracting States undertake to grant the necessary 
licences and/or foreign exchange for the importation of the 
following articles:
          (a) Books and publications consigned to public 
        libraries and collections and to the libraries and 
        collections of public educational, research or cultural 
        institutions;
          (b) Official government publications, that is, 
        official parliamentary and administrative documents 
        published in their country of origin;
          (c) Books and publications of the United Nations or 
        any of its specialized agencies;
          (d) Books and publications received by the United 
        Nations Educational, Scientific and Cultural 
        Organization and distributed free of charge by it or 
        under its supervision;
          (e) Publications intended to promote tourist travel 
        outside the country of importation, sent and 
        distributed free of charge;
          (f) Articles for the blind:
                  (i) Books, publications and documents of all 
                kinds in raised characters for the blind;
                  (ii) Other articles specially designed for 
                the educational, scientific or cultural 
                advancement of the blind, which are imported 
                directly by institutions or organizations 
                concerned with the welfare of the blind, 
                approved by the competent authorities of the 
                importing country for the purpose of duty-free 
                entry of these types of articles.
  2. The contracting States which at any time apply 
quantitative restrictions and exchange control measures 
undertake to grant, as far as possible, foreign exchange and 
licenses necessary for the importation of other educational, 
scientific or cultural materials, and particularly the 
materials referred to in the annexes to this Agreement.

                              Article III

  1. The contracting States undertake to give every possible 
facility to the importation of educational, scientific or 
cultural materials, which are imported exclusively for showing 
at a public exhibition approved by the competent authorities of 
the importing country and for subsequent re-exportation. These 
facilities shall include the granting of the necessary licenses 
and exemption from customs duties and internal taxes and 
charges of all kinds payable on importation, other than fees 
and charges corresponding to the approximate cost of services 
rendered.
  2. Nothing in this article shall prevent the authorities of 
an importing country from taking such steps as may be necessary 
to ensure that the materials in question shall be re-exported 
at the close of their exhibition.

                               Article IV

  The contracting States undertake that they will as far as 
possible:
          (a) Continue their common efforts to promote by every 
        means the free circulation of educational, scientific 
        or cultural materials, and abolish or reduce any 
        restrictions to that free circulation which are not 
        referred to in this Agreement;
          (b) Simplify the administrative procedure governing 
        the importation of educational, scientific or cultural 
        materials;
          (c) Facilitate the expeditious and safe customs 
        clearance of educational, scientific or cultural 
        materials.

                               Article V

  Nothing in this Agreement shall affect the right of 
contracting States to take measures, in conformity with their 
legislation, to prohibit or limit the importation, or the 
circulation after importation, of articles on grounds relating 
directly to national security, public order or public morals.

                               Article VI

  This Agreement shall not modify or affect the laws and 
regulations of any contracting State or any of its 
international treaties, conventions, agreements or 
proclamations, with respect to copyright, trademarks or 
patents.

                              Article VII

  Subject to the provisions of any previous conventions to 
which the contracting States may have subscribed for the 
settlement of disputes, the contracting States undertake to 
have recourse to negotiations or conciliation, with a view to 
settlement of any disputes regarding the interpretation or the 
application of this Agreement.

                              Article VIII

  In case of a dispute between contracting States relating to 
the educational, scientific or cultural character of imported 
materials, the interested Parties may, by common agreement, 
refer it to the Director-General of the United Nations 
Educational, Scientific and Cultural Organization for an 
advisory opinion.

                               Article IX

  1. This Agreement, of which the English and French texts are 
equally authentic, shall bear today's date and remain open for 
signature by all Member States of the United Nations 
Educational, Scientific and Cultural Organization, all Member 
States of the United Nations and any non-member State to which 
an invitation may have been addressed by the Executive Board of 
the United Nations Educational, Scientific and Cultural 
Organization.
  2. The Agreement shall be ratified on behalf of the signatory 
States in accordance with their respective constitutional 
procedures.
  3. The instruments of ratification shall be deposited with 
the Secretary-General of the United Nations.

                               Article X

  The States referred to in paragraph 1 of article IX may 
accept this Agreement from 22 November 1950. Acceptance shall 
become effective on the deposit of a formal instrument with the 
Secretary-General of the United Nations.

                               Article XI

  This Agreement shall come into force on the date on which the 
Secretary-General of the United Nations receives instruments of 
ratification or acceptance from ten States.

                              Article XII

  1. The States Parties to this Agreement on the date of its 
coming into force shall each take all the necessary measures 
for its fully effective operation within a period of six months 
after that date.
  2. For States which may deposit their instruments of 
ratification or acceptance after the date of the Agreement 
coming into force, these measures shall be taken within a 
period of three months from the date of deposit.
  3. Within one month of the expiration of the periods 
mentioned in paragraphs 1 and 2 of this article, the 
contracting States to this Agreement shall submit a report to 
the United Nations Educational, Scientific and Cultural 
Organization of the measures which they have taken for such 
fully effective operation.
  4. The United Nations Educational, Scientific and Cultural 
Organization shall transmit this report to all signatory States 
to this Agreement and to the International Trade Organization 
(provisionally, to its Interim Commission).

                              Article XIII

  Any contracting State may, at the time of signature or the 
deposit of its instrument of ratification or acceptance, or at 
any time thereafter, declare by notification addressed to the 
Secretary-General of the United Nations that this Agreement 
shall extend to all or any of the territories for the conduct 
of whose foreign relations that contracting State is 
responsible.

                              Article XIV

  1. Two years after the date of the coming into force of this 
Agreement, any contracting State may, on its own behalf or on 
behalf of any of the territories for the conduct of whose 
foreign relations that contracting State is responsible, 
denounce this Agreement by an instrument in writing deposited 
with the Secretary-General of the United Nations.
  2. The denunciation shall take effect one year after the 
receipt of the instrument of denunciation.

                               Article XV

  The Secretary-General of the United Nations shall inform the 
States referred to in paragraph 1 of Article IX, as well as the 
United Nations Educational, Scientific and Cultural 
Organization, and the International Trade Organization 
(provisionally, its Interim Commission), of the deposit of all 
the instruments of ratification and acceptance provided for in 
articles IX and X, as well as of the notifications and 
denunciations provided for respectively in articles XIII and 
XIV.

                              Article XVI

  At the request of one-third of the contracting States to this 
Agreement, the Director-General of the United Nations 
Educational, Scientific and Cultural Organization shall place 
on the agenda of the next session of the General Conference of 
that Organization, the question of convoking a meeting for the 
revision of this Agreement.

                              Article XVII

  Annexes A, B, C, D, and E, as well as the Protocol annexed to 
this Agreement are hereby made an integral part of this 
Agreement.

                             Article XVIII

  1. In accordance with Article 102 of the Charter of the 
United Nations,\2\ this Agreement shall be registered by the 
Secretary-General of the United Nations on the date of its 
coming into force.
---------------------------------------------------------------------------
    \2\ TS 993; 59 Stat. 1052.
---------------------------------------------------------------------------
  2. In faith whereof the undersigned, duly authorized, have 
signed this Agreement on behalf of their respective 
Governments.

  Done at Lake Success, New York, this twenty-second day of 
November one thousand nine hundred and fifty in a single copy, 
which shall remain deposited in the archives of the United 
Nations, and certified true copies of which shall be delivered 
to all the States referred to in paragraph 1 of article IX, as 
well as to the United Nations Educational, Scientific and 
Cultural Organization and to the International Trade 
Organization (provisionally, to its Interim Commission).

                                Annex A

                   Books, Publications and Documents

  (i) Printed books.
  (ii) Newspapers and periodicals.
  (iii) Books and documents produced by duplicating processes 
other than printing.
  (iv) Official government publications, that is, official, 
parliamentary and administrative documents published in their 
country of origin.
  (v) Travel posters and travel literature (pamphlets, guides, 
timetables, leaflets and similar publications), whether 
illustrated or not, including those published by private 
commercial enterprises, whose purpose is to stimulate travel 
outside the country of importation.
  (vi) Publications whose purpose is to stimulate study outside 
the country of importation.
  (vii) Manuscripts, including typescripts.
  (viii) Catalogues of books and publications, being books and 
publications offered for sale by publishers or booksellers 
established outside the country of importation.
  (ix) Catalogues of films, recordings or other visual and 
auditory material of an educational, scientific or cultural 
character, being catalogues issued by or on behalf of the 
United Nations or any of its specialized agencies.
  (x) Music in manuscript or printed form, or reproduced by 
duplicating processes other than printing.
  (xi) Geographical, hydrographical or astronomical maps and 
charts.
  (xii) Architectural, industrial or engineering plans and 
designs, and reproductions thereof, intended for study in 
scientific establishments or educational institutions approved 
by the competent authorities of the importing country for the 
purpose of duty-free admission of these types of articles.
  (The exemptions provided by annex A shall not apply to:
  (a) Stationery;
  (b) Books, publications and documents (except catalogues, 
travel posters and travel literature referred to above) 
published by or for a private commercial enterprise, 
essentially for advertising purposes;
  (c) Newspapers and periodicals in which the advertising 
matter is in excess of 70 per cent by space;
  (d) All other items (except catalogues referred to above) in 
which the advertising matter is in excess of 25 per cent by 
space. In the case of travel posters and literature, this 
percentage shall apply only to private commercial advertising 
matter.)

                                Annex B

 Works of Art and Collectors' Pieces of an Educational, Scientific or 
                           Cultural Character

  (i) Paintings and drawings, including copies, executed 
entirely by hand, but excluding manufactured decorated wares.
  (ii) Hand-printed impressions, produced from hand-engraved or 
hand-etched blocks, plates or other material, and signed and 
numbered by the artist.
  (iii) Original works of art of statuary or sculpture, whether 
in the round, in relief, or in intaglio, excluding mass-
produced reproductions and works of conventional craftsmanship 
of a commercial character.
  (iv) Collectors' pieces and objects or art consigned to 
public galleries, museums and other public institutions, 
approved by the competent authorities of the importing country 
for the purpose of duty-free entry of these types of articles, 
not intended for resale.
  (v) Collections and collectors' pieces in such scientific 
fields as anatomy, zoology, botany, mineralogy, palaeontology, 
archaeology and ethnography, not intended for resale.
  (vi) Antiques, being articles in excess of 100 years of age.

                                Annex C

Visual and Auditory Materials of an Educational, Scientific or Cultural 
                               Character

  (i) Films, filmstrips, microfilms, and slides of an 
educational, scientific or cultural character, when imported by 
organizations (including, at the discretion of the importing 
country, broadcasting organizations), approved by the competent 
authorities of the importing country for the purpose of duty-
free admission of these types of articles, exclusively for 
exhibition by these organizations or by other public or private 
educational, scientific or cultural institutions or societies 
approved by the aforesaid authorities.
  (ii) Newsreels (with or without sound track), depicting 
events of current news value at the time of importation, and 
imported in either negative form, exposed and developed, or 
positive form, printed and developed, when imported by 
organizations (including, at the discretion of the importing 
country, broadcasting organizations) approved by the competent 
authorities of the importing country for the purpose of duty-
free admission of such films, provided that free entry may be 
limited to two copies of each subject for copying purposes.
  (iii) Sound recordings of an educational, scientific or 
cultural character for use exclusively in public or private 
educational, scientific or cultural institutions or societies 
(including, at the discretion of the importing country, 
broadcasting organizations) approved by the competent 
authorities of the importing country for the purpose of duty-
free admission of these types of articles.
  (iv) Films, filmstrips, microfilms and sound recordings of an 
educational, scientific or cultural character produced by the 
United Nations or any of its specialized agencies.
  (v) Patterns, models and wall charts for use exclusively for 
demonstrating and teaching purposes in public or private 
educational, scientific or cultural institutions approved by 
the competent authorities of the importing country for the 
purpose of duty-free admission of these types of articles.

                                Annex D

                  Scientific Instruments or Apparatus

  Scientific instruments or apparatus, intended exclusively for 
educational purposes or pure scientific research, provided:
          (a) That such scientific instruments or apparatus are 
        consigned to public or private scientific or 
        educational institutions approved by the competent 
        authorities of the importing country for the purpose of 
        duty-free entry of these types of articles, and used 
        under the control and responsibility of these 
        institutions;
          (b) That instruments or apparatus of equivalent 
        scientific value are not being manufactured in the 
        country of importation.

                                Annex E

                         Articles for the Blind

  (i) Books, publications and documents of all kinds in raised 
characters for the blind.
  (ii) Other articles specially designed for the educational, 
scientific or cultural advancement of the blind, which are 
imported directly by institutions or organizations concerned 
with the welfare of the blind, approved by the competent 
authorities of the importing country for the purpose of duty-
free entry of these types of articles.
                              ----------                              


 Protocol Annexed to the Agreement on the Importation of Educational, 
                   Scientific and Cultural Materials

  The contracting States,

  In the interest of facilitating the participation of the 
United States of America in the Agreement on the Importation of 
Educational, Scientific and Cultural Materials, have agreed to 
the following:
          1. The United States of America shall have the option 
        of ratifying this Agreement, under article IX, or of 
        accepting it, under article X, with the inclusion of 
        the reservation hereunder.
          2. In the event of the United States of America 
        becoming Party to this Agreement with the reservation 
        provided for in the preceding paragraph 1, the 
        provisions of that reservation may be invoked by the 
        Government of the United States of America with regard 
        to any of the contracting States to this Agreement, or 
        by any contracting State with regard to the United 
        States of America, provided that any measure imposed 
        pursuant to such reservation shall be applied on a non-
        discriminatory basis.

                       (text of the reservation)

  (a) If, as a result of the obligations incurred by a 
contracting State under this Agreement, any product covered by 
this Agreement is being imported into the territory of a 
contracting State in such relatively increased quantities and 
under such conditions as to cause or threaten serious injury to 
the domestic industry in that territory producing like or 
directly competitive products, the contracting State, under the 
conditions provided for by paragraph 2 above, shall be free, in 
respect of such product and to the extent and for such time as 
may be necessary to prevent or remedy such injury, to suspend, 
in whole or in part, any obligation under this Agreement with 
respect to such product.
  (b) Before any contracting State shall take action pursuant 
to the provisions of paragraph (a) above, it shall give notice 
in writing to the United Nations Educational, Scientific and 
Cultural Organization as far in advance as may be practicable 
and shall afford the Organization and the contracting States 
which are Parties to this Agreement an opportunity to consult 
with it in respect of the proposed action.
  (c) In critical circumstances where delay would cause damage 
which it would be difficult to repair, action under paragraph 
(a) above may be taken provisionally without prior 
consultation, on the condition that consultation be effected 
immediately after taking such action.
    3. Protocol to the Agreement on the Importation of Educational, 
                 Scientific and Cultural Materials \1\

   Adopted at Nairobi November 26, 1976; Opened for signature at the 
 United Nations March 1, 1977; Signed on behalf of the United States, 
October 25, 1982; Ratification of the United States deposited with the 
  Secretary General of the United Nations, May 5, 1989; Entered into 
       force with respect to the United States, November 15, 1989

    The contracting States parties to the Agreement on the 
Importation of Educational Scientific and Cultural Materials, 
adopted by the General Conference of the United Nations 
Educational, Scientific and Cultural Organization at its fifth 
session held in Florence in 1950,
---------------------------------------------------------------------------
    \1\ Senate Treaty Doc. 97-2. This Protocol amends and substantially 
expands the Agreement on the Importation of Educational Scientific and 
Cultural Materials (Florence Agreement) by (1) extending the exemption 
from customs duties to additional materials listed in nine Annexes; (2) 
by providing optional provisions regarding internal charges or taxes on 
certain products; and (3) by providing an optional provision (in Part 
IV) for the furnishing of import licenses and foreign exchange for 
additional items not previously covered.

    Reaffirming the principles on which the Agreement, 
---------------------------------------------------------------------------
hereinafter called ``the Agreement,'' is based,

    Considering that this Agreement has proved to be an 
effective instrument in lowering customs barriers and reducing 
other economic restrictions that impede the exchange of ideas 
and knowledge,

    Considering, nevertheless, that in the quarter of a century 
following the adoption of the Agreement, technical progress has 
changed the ways and means of transmitting information and 
knowledge, which is the fundamental objective of that 
Agreement,

    Considering, further, that the developments that have taken 
place in the field of international trade during this period 
have, in general, been reflected in greater freedom of 
exchanges,

    Considering that since the adoption of the Agreement, the 
international situation has changed radically owing to the 
development of the international community, in particular 
through accession of many States to independence,

    Considering that the needs and concerns of the developing 
countries should be taken into consideration, with a view to 
giving them easier and less costly access to education, 
science, technology and culture,

    Recalling the provisions of the Convention on the means of 
prohibiting and preventing the illicit import, export and 
transfer of ownership of cultural property, adopted by the 
General Conference of UNESCO in 1970, and those of the 
Convention concerning the protection of the world cultural and 
natural heritage, adopted by the General Conference in 1972,

    Recalling, moreover, the customs conventions concluded 
under the auspices of the Custom Co-operation Council, in 
consultation with the United Nations Educational, Scientific 
and Cultural Organization, concerning the temporary importation 
of educational, scientific and cultural materials,

    Convinced that the new arrangements should be made and that 
such arrangements will contribute even more effectively to the 
development of education, science and culture which constitute 
the essential bases of economic and social progress,

    Recalling resolution 4.112 adopted by the General 
Conference of UNESCO at its eighteenth session,

    Have agreed as follows:

                                   i

    1. The contracting States undertake to extend to the 
materials listed in annexes A, B, D, and E and also, where the 
annexes in question have not been the subject of a declaration 
under the paragraph 16(a) below, annexes C.1, F, G and H, to 
the present Protocol exemption from customs duties and other 
charges on, or in connection with their importation, as set out 
in article I, Paragraph 1, of the Agreement, provided such 
materials fulfill the conditions laid down in these annexes and 
are the products of another contracting State.
    2. The provisions of paragraph 1 of this Protocol shall not 
prevent any contracting State from levying on imported 
materials:
          (a) internal taxes or any other internal charges of 
        any kind, imposed at the time of importation or 
        subsequently, not exceeding those applied directly or 
        indirectly to like domestic products;
          (b) fees and charges, other than customs duties, 
        imposed by governmental or administrative authorities 
        on, or in connection with, importation, limited in 
        amount to the approximate cost of the services 
        rendered, and representing neither an indirect 
        protection to domestic products nor a taxation of 
        imports for revenue purposes.

                                   ii

    3. Notwithstanding paragraph 2(a) of this Protocol, the 
contracting States undertake not to levy on the materials 
listed below any internal taxes or other internal charges of 
any kind, imposed at the time of importation or subsequently:
          (a) books and publications consigned to the libraries 
        referred to in paragraph 5 of this Protocol;
          (b) official, parliamentary and administrative 
        documents published in their country of origin:
          (c) books and publications of the United Nations or 
        any of its specialized agencies;
          (d) books and publications received by the United 
        Nations Educational, Scientific and Cultural 
        Organization and distributed free of charge by it or 
        under its supervision;
          (e) publications intended to promote tourist travel 
        outside the country of importation, sent and 
        distributed free of charge;
          (f) articles for the blind and other physically and 
        mentally handicapped persons:
                  (i) books, publications and documents of all 
                kinds in raised characters for the blind;
                  (ii) other articles specially designed for 
                the educational, scientific or cultural 
                advancement of the blind and other physically 
                or mentally handicapped persons which are 
                imported directly by institutions or 
                organizations concerned with the education of, 
                or assistance to the blind and other physically 
                or mentally handicapped persons approved by the 
                competent authorities of the importing country 
                for the purpose of duty-free entry of these 
                types of articles.

                                  iii

    4. The contracting States undertake not to levy on the 
articles and materials referred to in the annexes to this 
Protocol any customs duties, export duties or duties levied on 
goods leaving the country, or other internal taxes of any kind, 
levied on such articles and materials when they are intended 
for export to other contracting States.

                                   iv

    5. The contracting States undertake to extend the granting 
of the necessary licenses and/or foreign exchange provided for 
in article II, paragraph 1, of the Agreement, to the 
importation of the following materials:
          (a) books and publications consigned to libraries 
        serving the public interest, including the following:
                  (i) national libraries and other major 
                research libraries;
                  (ii) general and specialized academic 
                libraries, including university libraries, 
                college libraries, institute libraries and 
                university extra-mural libraries;
                  (iii) public libraries;
                  (iv) school libraries;
                  (v) special libraries serving a group of 
                readers who form an entity, having particular 
                and identifiable subjects of interest, such as 
                government libraries, public authority 
                libraries, industrial libraries, and libraries 
                of professional bodies;
                  (vi) libraries for the handicapped and for 
                readers who are unable to move around, such as 
                libraries for the blind, hospital libraries and 
                prison libraries;
                  (vii) music libraries, including record 
                libraries;
          (b) books adopted or recommended as textbooks in 
        higher educational establishments and imported by such 
        establishments;
          (c) books in foreign languages, with the exception of 
        books in the principle native language or languages of 
        the importing country;
          (d) films, slides, video-tapes and sound recordings 
        of an educational, scientific or cultural nature, 
        imported by organizations approved by the competent 
        authorities of the importing country for the purpose of 
        duty-free entry of these types of articles.

                                   v

    6. The contracting States undertake to extend the granting 
of the facilities provided for in article III of the Agreement 
to materials and furniture imported exclusively for showing at 
a public exhibition of objects of an educational, scientific or 
cultural nature approved by the competent authorities of the 
importing country and for subsequent re-exportation.
    7. Nothing in the foregoing paragraph shall prevent the 
authorities of an importing country from taking such steps as 
may be necessary to ensure that the materials and furniture in 
question will in fact be re-exported at the close of the 
exhibition.

                                   vi

    8. The contracting States undertake:
          (a) to extend to the importation of the articles 
        covered by the present Protocol the provisions of 
        article IV of the Agreement;
          (b) to encourage through appropriate measures the 
        free flow and distribution of educational, scientific 
        and cultural objects and materials produced in the 
        developing countries.

                                  vii

    9. Nothing in this Protocol shall affect the right of 
contracting States to take measures, in conformity with their 
legislation, to prohibit or limit the importation of articles, 
or their circulation after importation, on grounds relating 
directly to national security, public order or public morals.
    10. Notwithstanding other provisions of this Protocol, a 
developing country, which is defined as such by the practice 
established by the General Assembly of the United Nations and 
which is a party to the Protocol, may suspend or limit the 
obligations under this Protocol relating to importation of any 
object or material if such importation causes or threatens to 
cause serious injury to the nascent indigenous industry in that 
developing country. The country concerned shall implement such 
action in an non-discriminatory manner. It shall notify the 
Director-General of the United Nations Educational, Scientific 
and Cultural Organization of any such action, as far as 
practicable in advance of implementation, and the Director-
General of the United Nations Educational, Scientific and 
Cultural Organization shall notify all Parties to the Protocol.
    11. This Protocol shall not modify or affect the laws and 
regulations of any contracting State or any of its 
international treaties, conventions, agreements or 
proclamations, with respect to copyright, trade marks or 
patents.
    12. Subject to the provisions of any previous conventions 
to which they may have subscribed for the settlements of 
disputes, the contracting States undertake to have recourse to 
negotiation or conciliation with a view to settlement of any 
disputes regarding the interpretation of application of this 
Protocol.
    13. In case of a dispute between contracting States 
relating to the educational, scientific or cultural character 
of imported materials, the interested parties may, by common 
agreement refer it to the Director-General of the United 
Nations Educational, Scientific and Cultural Organization for 
an advisory opinion.

                                  viii

    14. (a) This Protocol, of which the English and French 
texts are equally authentic, shall bear today's date and shall 
be open to signature by all States Parties to the Agreement, as 
well as by customs or economic unions, provided that all the 
member States constituting them are also Parties to the 
Protocol.
    The term ``State'' or ``Country'' as used in this Protocol, 
or in the Protocol referred to in paragraph 18, shall be taken 
to refer also, as the context may require, to the customs or 
economics unions and, in all matters which fall within their 
competence with regard to the scope of this Protocol, to the 
whole of the territories of the member States which constitute 
them, and not to the territory of each of those States.
    It is understood that, in becoming a contracting Party to 
this Protocol, such customs or economics unions will also apply 
the provisions of the Agreement on the same basis as is 
provided in the preceding paragraph with respect to the 
Protocol.
    (b) This Protocol shall be subject to ratification or 
acceptance by the signatory States in accordance with their 
respective constitutional procedures.
    (c) The instruments of ratification or acceptance shall be 
deposited with the Secretary-General of the United Nations.
    15. (a) The States referred to in paragraph 14(a) which are 
not signatories of this Protocol may accede to this Protocol.
    (b) Accession shall be effected by the deposit of a formal 
instrument with the Secretary-General of the United Nations.
    16. (a) The States referred to in paragraph 14 (a) of this 
Protocol may, at the time of signature, ratification, 
acceptance, or accession, declare that they will not be bound 
by part II, part IV, annex C.1, annex F, annex G, and annex H, 
or by any of those parts or annexes. They may also declare that 
they will not be bound by annex C.1 only in respect of 
contracting States which have themselves accepted that annex.
    (b) Any contracting State which has made such a declaration 
may withdraw it, in whole or in part, at any timely 
notification to the Secretary-General of the United Nations, 
specifying the date on which such withdrawal takes effect.
    (c) States which have declared, in accordance with 
subparagraph (a) of this paragraph, that they will not be bound 
by annex C.1 shall necessarily be bound by annex C.2. Those 
which have declared that they will be bound by annex C.1 only 
in respect of contracting States which have themselves accepted 
that annex shall necessarily be bound by annex C.2 in respect 
of contracting States which have not accepted annex C.1.
    17. (a) This Protocol shall come into force six months 
after the date of deposit of the fifth instrument of 
ratification, acceptance, or accession with the Secretary-
General of the United Nations.
    (b) It shall come into force for every other State six 
months after the date of the deposit of its instrument of 
ratification, acceptance or accession.
    (c) Within one month following the expiration of the 
periods mentioned in subparagraphs (a) and (b) of this 
paragraph, the contracting States to this Protocol shall submit 
a report to the United Nations Educational, Scientific and 
Cultural Organization on the measures which they have taken to 
give full effect to the Protocol.
    (d) The United Nations Educational, Scientific, and 
Cultural Organization shall transmit these reports to all 
States Parties to this Protocol.
    18. The Protocol annexed to the Agreement, and made an 
integral part thereof, as provided for in article XVII of the 
Agreement, is hereby made an integral part of this Protocol and 
shall apply to obligations incurred under this Protocol and to 
products covered by this Protocol.
    19. (a) Two years after the date of the coming into force 
of this Protocol, any contracting State may denounce this 
Protocol by an instrument in writing deposited with the 
Secretary-General of the United Nations.
    (b) The denunciation shall take effect one year after the 
receipt of the instrument of denunciation.
    (c) Denunciation of the Agreement pursuant to article XIV 
thereof shall automatically imply denunciation of this 
Protocol.
    20. The Secretary-General of the United Nations shall 
inform the States referred to in paragraph 14(a), as well as 
the United Nations Educational, Scientific and Cultural 
Organization, of the deposit of all the instruments of 
ratification, acceptance or accession referred to in paragraphs 
14 and 15; of declarations made and withdrawn under paragraph 
16 of the dates of entry into force of this Protocol in 
accordance with paragraph 17 (a) and (b); and of the 
denunciations provided for in paragraph 19.
    21. (a) This Protocol may be revised by the General 
Conference of the United Nations Educational, Scientific and 
Cultural Organization. Any such revision, however, shall be 
binding only upon States that become parties to the revising 
Protocol.
    (b) Should the General Conference adopt a new protocol 
revising this Protocol either totally or in part, and unless 
the new protocol provides otherwise, the present Protocol shall 
cease to be open to signature, ratification, acceptance or 
accession as from the date of the coming into force of the new 
revising protocol.
    22. This Protocol shall not change or modify the Agreement.
    23. Annexes A, B, C.1, C.2, D, E, F, G and H are hereby 
made an integral part of this Protocol.
    24. In accordance with Article 102 of the Charter of the 
United Nations, this Protocol shall be registered by the 
Secretary-General of the United Nations on the date of its 
coming into force.

    In faith whereof the undersigned, duly authorized, have 
signed this Protocol on behalf of their respective Governments.

    Done at United Nations Headquarters, New York, this first 
day of March one thousand nine hundred and seventy-seven, in a 
single copy.

                                annex a

Books, publications and documents

    (i) Printed books, irrespective of the language in which 
they are printed and whatever amount of space given over to 
illustrations, including the following:
          (a) luxury editions;
          (b) books printed abroad from the manuscript of an 
        author resident in the importing country;
          (c) children's drawing and painting books;
          (d) school exercise books (workbooks) with printed 
        texts and blank spaces to be filled in by the pupils;
          (e) crossword puzzle books containing printed texts;
          (f) loose illustrations and printed pages in the form 
        of loose or bound sheets and reproduction proofs or 
        reproductions films to be used for the production of 
        books.
    (ii) Printed documents or reports of an non-commercial 
character.
    (iii) Microforms of the articles listed under items (i) and 
(ii) of this annex, as well as of those listed under items (i) 
to (vi) of annex A to the Agreement.
    (iv) Catalogues of films, recordings or other visual and 
auditory material of a educational, scientific or cultural 
character.
    (v) Maps and charts of interest in scientific fields such 
as geology, zoology, botany, mineralogy, palaeontology, 
archaeology, ethnology, meteorology, climatology and 
geophysics, and also meteorological and geophysical diagrams.
    (vi) Architectural, industrial or engineering plans and 
designs and reproductions thereof.
    (vii) Bibliographical information material for distribution 
free of charge.

                                annex b

Works of art and collectors' pieces of an educational, scientific or 
        cultural character

    (i) Paintings and drawings, whatever the nature of the 
materials on which they have been executed entirely by hand, 
including copies executed by hand, but excluding manufactured 
decorated wares.
    (ii) Ceramics and mosaics on wood, being original works of 
art.
    (iii) Collectors' pieces and objects of art consigned to 
galleries, museums and other institutions approved by the 
competent authorities of the importing country for the purpose 
of duty-free entry of those types of materials, on condition 
they are not resold.

                               annex c.1

Visual and auditory materials

    (i) Films,\2\ filmstrips, microforms and slides.
---------------------------------------------------------------------------
    \2\ The duty-free entry of exposed and developed cinematographic 
films for public commercial exhibition or sale may be limited to 
negatives, it being understood that this limitation shall not apply to 
films (including newsreels) when admitted duty-free under the 
provisions of annex C.2 to this Protocol.
---------------------------------------------------------------------------
    (ii) Sound recordings.
    (iii) Patterns, models and wall charts of an educational, 
scientific or cultural character, except toy models.
    (iv) Other visual and auditory materials, such as:
          (a) video-tapes, kinescopes, video-discs, videograms 
        and other forms of visual and sound recordings;
          (b) microcards, microfiches and magnetic or other 
        information storage media required in computerized 
        information and documentation services;
          (c) materials for programmed instruction, which may 
        be presented in kit form, with the corresponding 
        printed materials, including video-cassettes and audio-
        cassettes;
          (d) transparencies, including those intended for 
        direct projection or for viewing through optical 
        devices;
          (e) holograms for laser projection;
          (f) mock-ups or visualizations of abstract concepts 
        such as molecular structures or mathematical formulae;
          (g) multi-media kits;
          (h) materials for the promotion of tourism, including 
        those produced by private concerns, designed to 
        encourage the public to travel outside the country of 
        importation.
    The exemptions provided for in the present annex C.1 shall 
not apply to:
          (a) unused microform stock and unused visual and 
        auditory recording media and their specific packaging 
        such as cassettes, cartridges, reels;
          (b) visual and auditory recordings with the exception 
        of materials for the promotion of tourism covered by 
        paragraph (iv) (h), produced by or for a private 
        commercial enterprise, essentially for advertising 
        purposes;
          (c) visual and auditory recordings in which the 
        advertising matter is in excess of 25 percent by time. 
        In the case of materials for the promotion of tourism 
        covered by paragraph (iv) (h), this percentage applies 
        only to private commercial publicity.

                               annex c.2

Visual and auditory materials of an educational, scientific or cultural 
        character

    Visual and auditory materials of an educational, 
scientific, or cultural character, when imported by 
organizations (including, at the discretion of the importing 
country, broadcasting and television organizations) or by any 
other public or private institution or association, approved by 
the competent authorities of the importing country for the 
purpose of duty-free admission of these types of materials or 
when produced by the United Nations or any of its specialized 
agencies and including the following:
          (i) films, filmstrips, microfilms and slides;
          (ii) newsreels (with or without sound track) 
        depicting events of current news value at the time of 
        importation, and imported in either negative form, 
        exposed and developed, or positive form, printed and 
        developed, it being understood that duty free entry may 
        be limited to two copies of each subject for copying 
        purposes;
          (iii) archival film materials (with or without sound 
        track) intended for use in connection with newsreel 
        films;
          (iv) recreational films particularly suited for 
        children and youth;
          (v) sound recordings;
          (vi) video-tapes, kinescopes, video-discs, videograms 
        and other forms of visual and sound recordings;
          (vii) microcards, microfiches and magnetic or other 
        information storage media required in computerized 
        information and documentation services;
          (viii) materials for programmed instruction, which 
        may be presented in kit form, with the corresponding 
        printed materials, including video-cassettes and audio-
        cassettes;
          (ix) transparencies, including those intended for 
        direct projection or for viewing through optical 
        devices;
          (x) holograms for laser projection;
          (xi) mock-ups or visualizations of abstract concepts 
        such as molecular structures or mathematical formulae;
          (xii) multi-media kits.

                                annex d

Scientific instruments or apparatus

    (i) Scientific instruments or apparatus, provided:
          (a) that they are consigned to public or private 
        scientific or educational institutions approved by the 
        competent authorities of the importing country for the 
        purposes of duty-free entry of these types of articles, 
        and used for non-commercial purposes under the control 
        and responsibility of these institutions;
          (b) that instruments or apparatus of equivalent 
        scientific value are not being manufactured in the 
        country of importation.
    (ii) Spare parts, components or accessories specifically 
matching scientific instruments or apparatus, provided these 
spare parts, components or accessories are imported at the same 
time as such instruments and apparatus, or if imported 
subsequently, that they are identifiable as intended for 
instruments or apparatus previously admitted duty-free or 
entitled to duty-free entry.
    (iii) Tools to be used for the maintenance, checking, 
gauging, or repair of scientific instruments, provided these 
tools are imported at the same time as such instruments and 
apparatus or, if imported subsequently, that they are 
identifiable as intended for the specific instruments or 
apparatus previously admitted duty-free or entitled to duty-
free entry, and further provided that tools of equivalent 
scientific value are not being manufactured in the country of 
importation.

                                annex e

Articles for the blind and other handicapped persons

    (i) All articles specially designed for the educational, 
scientific or cultural advancement of the blind which are 
imported directly by institutions or organizations concerned 
with the education of, or assistance to, the blind, approved by 
the competent authorities of the importing country for the 
purpose of duty-free entry of these types of articles, 
including:
          (a) talking books (discs, cassettes or other sound 
        reproductions) and large-print books;
          (b) phonographs and cassette players, specially 
        designed or adapted for the blind and other handicapped 
        persons and required to play the talking books;
          (c) equipment for the reading of normal print by the 
        blind and partially sighted, such as electronic reading 
        machines, television-enlargers and optical aids;
          (d) equipment for the mechanical or computerized 
        production of braille and recorded material, such as 
        stereo-typing machines, electronic braille, transfer 
        and pressing machines; braille computer terminals and 
        displays;
          (e) braille paper, magnetic tapes and cassettes for 
        the production of braille and talking books;
          (f) aids for improving the mobility of the blind, 
        such as electronic orientation and obstacle detection 
        appliances and white canes;
          (g) technical aids for the education, rehabilitation, 
        vocational training and employment of the blind, such 
        as braille watches, braille typewriters, teaching and 
        learning aids, games and other instruments specifically 
        adapted for the use of the blind.
    (ii) All materials specially designed for the education, 
employment and social advancement of other physically or 
mentally handicapped persons, directly imported by institutions 
or organizations concerned with the education of, or assistance 
to, such persons, approved by the competent authorities of the 
importing country for the purpose of duty-free entry of these 
types of articles, provided that equivalent objects are not 
being manufactured in the importing country.

                                annex f

Sports equipment

    Sports equipment intended exclusively for amateur sports 
associations or groups approved by the competent authorities of 
the importing country for the purpose of duty-free entry of 
these types of articles, provided that equivalent materials are 
not being manufactured in the importing country.

                                annex g

Musical instruments and other musical equipment

    Musical instruments and other musical equipment intended 
solely for cultural institutions or music schools approved by 
the competent authorities of the importing country for the 
purpose of duty-free entry of these types of articles, provided 
that equivalent instruments and other equipment are not being 
manufactured in the importing country.

                                annex h

Material and machines used for the production of books, publications 
        and documents

    (i) Material used for the production of books, publications 
and documents (paper pulp, recycled paper, newsprint, and other 
types of paper used for printing, printing inks, glue, etc.).
    (ii) Machines for the processing of paper pulp and paper 
and also printing and binding machines, provided that machines 
of equivalent technical quality are not being manufactured in 
the importing country.
    I hereby certify that the foregoing text is a true copy of 
the Protocol to the Agreement on the Importation of 
Educational, Scientific and Cultural Materials, adopted by the 
General Conference of the United Nations Educational, 
Scientific and Cultural Organization at its nineteenth session 
held at Nairobi from 26 October 1976 to 30 November 1976, the 
original of which is deposited with the Secretary-General of 
the United Nations.

    For the Secretary-General: The Legal Counsel.

    United Nations, New York, March 1, 1977.
=======================================================================


                    F. ARMS CONTROL AND DISARMAMENT

                                CONTENTS

                                                                   Page

 1. Limits on Nuclear Testing....................................   207
      a. Limited Nuclear Test Ban Treaty.........................   207
      b. Threshold Test Ban Treaty and the Protocol Thereto......   210
      c. Treaty with the Union of Soviet Socialist Republics on 
          Underground Nuclear Explosions for Peaceful Purposes, 
          and the Protocol Thereto...............................   288
 2. SALT and Related Materials...................................   323
      a. Interim Agreement Between the United States of America 
          and the Union of Soviet Socialist Republics on Certain 
          Measures With Respect to the Limitation of Strategic 
          Offensive Arms, With Associated Protocol...............   323
      b. Joint Resolution on Interim Agreement (Public Law 92-
          448)...................................................   327
      c. Agreed Interpretations and Unilateral Statements........   329
      d. Standing Consultative Commission on Arms Limitation.....   338
      e. Standing Consultative Commission on Arms Limitation: 
          Regulations............................................   340
 3. Treaty Between the United States of America and the Union of 
    Soviet Socialist Republics on the Limitation of Anti-
    Ballistic Missile Systems, With Associated Protocol].........   342
 4. INF..........................................................   349
      a. Treaty Between the United States of America and the 
          Union of Soviet Socialist Republics on the Elimination 
          of their Intermediate-Range and Shorter-Range Missiles.   349
      b. Agreement Among the United States of America and the 
          Kingdom of Belgium, the Federal Republic of Germany, 
          the Republic of Italy, the Kingdom of the Netherlands 
          and the United Kingdom of Great Britain and Northern 
          Ireland Regarding Inspections Relating to the Treaty 
          Between the United States of America and the Union of 
          Soviet Socialist Republics on the Elimination of Their 
          Intermediate-Range and Shorter-Range Missiles and the 
          Notes Exchanged Between the United States of America 
          and both the German Democratic Republic and 
          Czechoslovakia.........................................   392
 5. Seabed Arms Control Treaty...................................   402
 6. Convention on the Prohibition of Military or Any Other 
    Hostile Use of Environmental Modification Techniques.........   407
 7. Treaty on the Non-Proliferation of Nuclear Weapons...........   412
 8. Chemical and Biological Warfare..............................   418
      a. Geneva Protocol of 1925 (with reservation)..............   418
      b. Biological Weapons Convention...........................   420
      c. Convention on Prohibition of the Development, 
          Production, Stockpiling and Use of Chemical Weapons and 
          Their Destruction......................................   425
 9. Conventional Armed Forces in Europe (CFE)....................   458
10. Antarctic Treaty.............................................   481
11. Prohibition of Nuclear Weapons in Latin America..............   487
      a. Treaty for the Prohibition of Nuclear Weapons in Latin 
          America (Treaty of Tlatelolco).........................   487
      b. Additional Protocol II..................................   501
      c. Additional Protocol I...................................   504
12. U.S.-U.S.S.R. Bilateral Arms Control Agreements..............   506
      a. 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................   506
      b. Agreement Between the United States of America and the 
          Union of Soviet Socialist Republics on the Prevention 
          of Nuclear War.........................................   508
      c. Agreement Between the United States of America and the 
          Union of Soviet Socialist Republics on the 
          Establishment of Nuclear Risk Reductions Centers, with 
          Protocols..............................................   510
      d. Agreement Between the United States of America and the 
          Union of Soviet Socialist Republics on the Notification 
          of Launches of Intercontinental Ballistic Missiles and 
          Submarine-Launched Ballistic Missiles..................   516
13. U.S.-Russia Bilateral Arms Control Agreements................   518
      a. Agreement Between the United States of America and the 
          Russian Federation Concerning the Safe and Secure 
          Transportation, Storage and Destruction of Weapons and 
          the Prevention of Weapons Proliferation................   518
      b. Treaty Between the United States and the Russian 
          Federation on Strategic Offensive Reductions...........   522
14. Convention on Prohibitions or Restrictions on the Use of 
    Certain Conventional Weapons Which May Be Deemed to be 
    Excessively Injurious or to Have Indiscriminate Effects with 
    Protocol I...................................................   524

=======================================================================

      
                      1. Limits on Nuclear Testing

                 a. Limited Nuclear Test Ban Treaty \1\

 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space 
     and Under Water; Done at Moscow, U.S.S.R., on August 5, 1963; 
Ratification advised by the Senate September 24, 1963; Ratified by the 
 President of the United States October 7, 1963; Ratifications of the 
 Governments of the United States, the United Kingdom of Great Britain 
   and Northern Ireland, and the Union of Soviet Socialist Republics 
 deposited with the said Governments at Washington, London, and Moscow 
October 10, 1963; Proclaimed by the President October 10, 1963; Entered 
                      into force October 10, 1963

  The Governments of the United States of America, the United 
Kingdom of Great Britain and Northern Ireland, and the Union of 
Soviet Socialist Republics, hereinafter referred to as the 
``Original Parties'',
---------------------------------------------------------------------------
    \1\ 14 UST 1313; TIAS 5433; 480 UNTS 43. For a list of states which 
are parties to the Treaty, see Department of State publication, 
Treaties in Force.

  Proclaiming as their principal aim the speediest possible 
achievement of an agreement on general and complete disarmament 
under strict international control in accordance with the 
objectives of the United Nations which would put an end to the 
armaments race and eliminate the incentive to the production 
---------------------------------------------------------------------------
and testing of all kinds of weapons, including nuclear weapons,

  Seeking to achieve the discontinuance of all test explosions 
of nuclear weapons for all time, determined to continue 
negotiations to this end, and desiring to put an end to the 
contamination of man's environment by radioactive substances,

  Have agreed as follows:

                               article i

  1. Each of the Parties to this Treaty undertakes to prohibit, 
to prevent, and not to carry out any nuclear weapon test 
explosion, or any other nuclear explosions at any place under 
its jurisdiction or control:
          (a) in the atmosphere; beyond its limits, including 
        outer space; or underwater, including territorial 
        waters or high seas; or
          (b) in any other environment if such explosion causes 
        radioactive debris to be present outside the 
        territorial limits of the State under whose 
        jurisdiction or control such explosion is conducted.
It is understood in this connection that the provisions of this 
subparagraph are without prejudice to the conclusion of a 
treaty resulting in the permanent banning of all nuclear test 
explosions, including all such explosions underground, the 
conclusion of which, as the Parties have stated in the Preamble 
to this Treaty, they seek to achieve.
  2. Each of the Parties to this Treaty undertakes furthermore 
to refrain from causing, encouraging, or in any way 
participating in, the carrying out of any nuclear weapon test 
explosion, or any other nuclear explosion, anywhere which would 
take place in any of the environments described, or have the 
effect referred to, in paragraph 1 of this Article.

                               article ii

  1. Any Party may propose amendments to this Treaty. The text 
of any proposed amendment shall be submitted to the Depositary 
Governments which shall circulate it to all Parties to this 
Treaty. Thereafter, if requests to do so by one-third or more 
of the Parties, the Depositary Governments shall convene a 
conference to which they shall invite all the Parties, to 
consider such amendment.
  2. Any amendment to this Treaty must be approved by a 
majority of the votes of all the Parties to this Treaty, 
including the votes of all of the Original Parties. The 
amendment shall enter into force for all Parties upon the 
deposit of instruments of ratification by a majority of all the 
Parties, including the instruments of ratification of all of 
the Original Parties.

                              article iii

  1. This Treaty shall be open to all States for signature. Any 
State which does not sign this Treaty before its entry into 
force in accordance with paragraph 3 of this Article may accede 
to it at any time.
  2. This Treaty shall be subject to ratification by signatory 
States. Instruments of ratification and instruments of 
accession shall be deposited with the Governments of the 
Original Parties--the United States of America, the United 
Kingdom of Great Britain and Northern Ireland, and the Union of 
Soviet Socialist Republics--which are hereby designated the 
Depositary Governments.
  3. This Treaty shall enter into force after its ratification 
by all the Original Parties and the deposit of their 
instruments of ratification.
  4. For States whose instruments of ratification or accession 
are deposited subsequent to the entry into force of this 
Treaty, it shall enter into force on the date of the deposit of 
their instruments of ratification or accession.
  5. The Depositary Governments shall promptly inform all 
signatory and acceding States of the date of each signature, 
the date of deposit of each instrument of ratification of and 
accession to this Treaty, the date of its entry into force, and 
the date of receipt of any requests for conferences or other 
notices.
  6. This Treaty shall be registered by the Depositary 
Governments pursuant to Article 102 of the Charter of the 
United Nations.

                               article iv

  This Treaty shall be of unlimited duration.
  Each Party shall in exercising its national sovereignty have 
the right to withdraw from the Treaty if it decides that 
extraordinary events, related to the subject matter of this 
Treaty, have jeopardized the supreme interests of its country. 
It shall give notice of such withdrawal to all other Parties to 
the Treaty three months in advance.

                               article v

  This Treaty, of which the English and Russian texts are 
equally authentic, shall be deposited in the archives of the 
Depositary Governments. Duly certified copies of this Treaty 
shall be transmitted by the Depositary Governments to the 
Governments of the signatory and acceding States.

  In witness whereof the undersigned, duly authorized, have 
signed this Treaty.

  Done in triplicate at the city of Moscow the fifth day of 
August, one thousand nine hundred and sixty-three.
         b. Threshold Test Ban Treaty and the Protocol Thereto

  Treaty Between the United States and the Union of Soviet Socialist 
 Republics on the Limitation of Underground Nuclear Weapon Tests; Done 
at Moscow, U.S.S.R., July 3, 1974; Ratification advised by the Senate, 
September 25, 1990; President ratified, December 8, 1990; Ratifications 
          exchanged and entered into force, December 11, 1990

    The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,

    Declaring their intention to achieve at the earliest 
possible date the cessation of the nuclear arms race and to 
take effective measures toward reductions in strategic arms, 
nuclear disarmament, and general and complete disarmament under 
strict and effective international control,

    Recalling the determination expressed by the Parties to the 
1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in 
Outer Space and Under Water in its Preamble to seek to achieve 
the discontinuance of all test explosions of nuclear weapons 
for all time, and to continue negotiations to this end,

    Noting that the adoption of measures for the further 
limitation of underground nuclear weapon tests would contribute 
to the achievement of these objectives and would meet the 
interests of strengthening peace and the further relaxation of 
international tension,

    Reaffirming their adherence to the objectives and 
principles of the Treaty Banning Nuclear Weapon Tests in the 
Atmosphere, in Outer Space and Under Water and of the Treaty of 
the Non-Proliferation of Nuclear Weapons,

    Have agreed as follows:

                               article i

    1. Each Party undertakes to prohibit, to prevent, and not 
to carry out any underground nuclear weapon test having a yield 
exceeding 150 kilotons at any place under its jurisdiction or 
control, beginning March 31, 1976.
    2. Each Party shall limit the number of its underground 
nuclear weapon tests to a minimum.
    3. The Parties shall continue their negotiations with a 
view toward achieving a solution to the problem of the 
cessation of all underground nuclear weapon tests.

                               article ii

    1. For the purpose of providing assurance of compliance 
with the provisions of this Treaty, each Party shall use 
national technical means of verification at its disposal in a 
manner consistent with the generally recognized principles of 
international law.
    2. Each Party undertakes not to interfere with the national 
technical means of verification of the other Party operating in 
accordance with paragraph 1 of this Article.
    3. To promote the objectives and implementation of the 
provisions of this Treaty the Parties shall, as necessary, 
consult with each other, make inquiries and furnish information 
in response to such inquiries.

                              article iii

    The provisions of this Treaty do not extend to underground 
nuclear explosions carried out by the Parties for peaceful 
purposes. Underground nuclear explosions for peaceful purposes 
shall be governed by an agreement which is to be negotiated and 
concluded by the Parties at the earliest possible time.

                               article iv

    This Treaty shall be subject to ratification in accordance 
with the constitutional procedures of each Party. This Treaty 
shall enter into force on the day of the exchange of 
instruments of ratification.

                               article v

    1. This Treaty shall remain in force for a period of five 
years. Unless replaced earlier by an agreement in 
implementation of the objectives specified in paragraph 3 of 
Article I of this Treaty, it shall be extended for successive 
five-year periods unless either Party notifies the other of its 
termination no later than six months prior to the expiration of 
the Treaty. Before the expiration of this period the Parties 
may, as necessary, hold consultations to consider the situation 
relevant to the substance of this treaty and to introduce 
possible amendments to the text of the Treaty.
    2. Each Party shall, in exercising its national 
sovereignty, have the right to withdraw from this Treaty if it 
decides that extraordinary events related to the subject matter 
of this Treaty have jeopardized its supreme interests. It shall 
give notice of its decision to the other Party six months prior 
to withdrawal from this Treaty. Such notice shall include a 
statement of the extraordinary events the notifying Party 
regards as having jeopardized its supreme interests.
    3. This Treaty shall be registered pursuant to Article 102 
of the Charter of the United Nations.

    Done at Moscow on July 3, 1974, in duplicate, in the 
English and Russian languages, both texts being equally 
authentic.
                              ----------                              


  PROTOCOL TO THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE 
 UNION OF SOVIET SOCIALIST REPUBLICS ON THE LIMITATION OF UNDERGROUND 
                          NUCLEAR WEAPON TESTS

    The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,

    Confirming the provisions of the Treaty Between the United 
States of America and the Union of Soviet Socialist Republics 
on the Limitation of Underground Nuclear Weapon Tests of July 
3, 1974, hereinafter referred to as the Treaty,

    Convinced of the necessity to ensure effective verification 
of compliance with the Treaty,

    Have agreed as follows:

                         SECTION I. DEFINITIONS

For the purposes of this Protocol:
    1. The term ``test site'' means a geographical area for the 
conduct of underground nuclear weapon tests, specified in 
paragraph 2 of Section II of this Protocol.
    2. The term ``underground nuclear weapon test,'' 
hereinafter ``test,'' means either a single underground nuclear 
explosion conducted at a test site, or two or more underground 
explosions conducted at a test site within an area delineated 
by a circle having a diameter of two kilometers and conducted 
within a total period of time of 0.1 second. The yield of a 
test shall be the aggregate yield of all explosions in the 
test.
    3. The term ``explosion'' means the release of nuclear 
energy from an explosive canister.
    4. The term ``explosive canister'' means, with respect to 
every explosion, the container or covering for one or more 
nuclear explosives.
    5. The term ``Testing Party'' means the Party conducting a 
test.
    6. The term ``Verifying Party'' means the Party entitled to 
carry out, in accordance with this Protocol, activities related 
to verification of compliance with the Treaty by the Testing 
Party.
    7. The term ``Designated Personnel'' means personnel 
appointed by the Verifying Party form among its nationals and 
included on its list of Designated Personnel, in accordance 
with Section IX of the Protocol, to carry out activities 
related to verification in accordance with this Protocol in the 
territory of the Testing Party.
    8. The term ``Transport Personnel'' means personnel 
appointed by the Verifying Party from among its nationals and 
included on its list of Transport Personnel, in accordance with 
Section IX of this Protocol, to provide transportation for 
Designated Personnel, their baggage and equipment of the 
Verifying Party between the territory of the Verifying Party 
and the point of entry in the territory of the Testing Party.
    9. The term ``point of entry'' means Washington, D.C. 
(Dulles International Airport), for Designated Personnel and 
Transport Personnel, and Travis Air Force Base, California, for 
Designated Personnel and Transport Personnel and for equipment 
specified in Section VIII of this Protocol, with respect to the 
United States of America; and Moscow (Sheremetyevo-2 
International Airport) for Designated Personnel and Transport 
Personnel and for equipment specified in Section VIII of this 
Protocol, and Leningrad (Pulkovo-2 International Airport) for 
Designated Personnel and Transport Personnel, with respect to 
the Union of Soviet Socialist Republics. Other locations may 
serve as points of entry for specific tests, as agreed by the 
Parties.
    10. The term ``hydrodynamic yield measurement method'' 
means the method whereby the yield of a test is derived from 
on-site, direct measurement of the properties of the shock wave 
as a function of time during the hydrodynamic phase of the 
ground motion produced by the test.
    11. The term ``seismic measurement yield method'' means the 
method whereby the yield of a test is derived from measurement 
of parameters of elastic ground motion produced by the test.
    12. The term ``on-site inspection'' means activities 
carried out by the Verifying Party at the test site of the 
Testing Party, in accordance with Section VII of this Protocol, 
for the purposes of independently obtaining data on conditions 
under which the test will be conducted and for confirming the 
validity of data provided by the Testing Party.
    13. The term ``emplacement hole'' means any drill-hole, 
shaft, adit or tunnel in which one or more explosive canisters, 
associated cables, and other equipment are installed for the 
purposes of conducting a test.
    14. The term ``end of the emplacement hole'' means the 
reference point established by the Testing Party beyond the 
planned location of each explosive canister along the axis of 
the emplacement hole.
    15. The term ``satellite hole'' means any drill-hole, 
shaft, adit or tunnel in which sensing elements and cables and 
transducers are installed by the Verifying Party for the 
purposes of hydrodynamic measurement of the yield of a specific 
test.
    16. The term ``standard configuration'' means either the 
standard vertical configuration or the standard horizontal 
configuration of a test described in paragraph 2 or 3 of 
Section V of this Protocol.
    17. The term ``non-standard configuration'' means a 
configuration of a test different from that described in 
paragraph 2 or 3 of Section V of this Protocol.
    18. The term ``hydrodynamic measurement zone'' means a 
region, the dimensions of which are specified in paragraph 1 of 
Section V of this Protocol, within which hydrodynamic yield 
measurements are carried out.
    19. The term ``reference test'' means a test, identified by 
the Testing Party as a reference test, that meets the 
requirements of paragraph 8 of Section V of this Protocol.
    20. The term ``emplacement point'' means the point in the 
emplacement hole that coincides with the center point of an 
emplaced explosive canister.
    21. The term ``choke section'' means a barrier designed to 
restrict the flow of energy form an explosive canister.
    22. The term ``area of a pipe'' or ``area of a cableway'' 
means the area of the external cross section of that pipe or 
cableway measured in a plane perpendicular to the axis of that 
pipe or cableway at the point within the zone specified in 
paragraph 2(c), 3(e), or 3(f) of Section V of this Protocol 
where its cross section is largest.
    23. The term ``sensing elements and cables'' means 
switches, cables, and cable segments that provide direct 
measurement of the position of a shock front as a function of 
time, and are installed in a satellite hole by the Verifying 
Party for the purposes of use of the hydrodynamic yield 
measurement method.
    24. The term ``transducer'' means a device that converts 
physical properties of a shock wave, such as stress and 
particle velocity, into a recordable signal, and is installed 
in a satellite hole by the Verifying Party, with associated 
power supplies, for the purposes of the use of the hydrodynamic 
yield measurement method, with respect to explosions having a 
planned yield exceeding 50 kilotons and characteristics 
differing from those set forth in paragraph 2 or 3 of Section V 
of this Protocol.
    25. The term ``core sample'' means an intact cylindrical 
sample of geological material having dimensions no less than 
two centimeters in diameter and two centimeters in length.
    26. The term ``rock fragment'' means a sample of geological 
material having an irregular shape and a volume no less than 10 
cubic centimeters.
    27. The term ``geodetic measurements'' means the 
determination of the geometric position of points within 
tunnels or cavities.
    28. The term ``Designated Seismic Station'' means any one 
of the seismic stations designated by each Party, in accordance 
with Section VI of this Protocol, at which activities related 
to verification are carried out.
    29. The term ``Bilateral Consultative Commission'' means 
the Commission established in accordance with Section XI of 
this Protocol.
    30. The term ``Coordinating Group'' means a working group 
of the Bilateral Consultative Commission that is established 
for each test with respect to which activities related to 
verification are carried out.
    31. The term ``coordinated schedule'' means the schedule, 
including the specific times and durations for carrying out 
activities related to verification for a specific test, 
established in the Coordinating Group as specified in paragraph 
12 of Section XI of this Protocol.
    32. The term ``Nuclear Risk Reduction Centers'' means the 
Centers located in Washington, D.C., and Moscow, established in 
accordance with the Agreement Between the United States of 
America and the Union of Soviet Socialist Republics on the 
Establishment of Nuclear Risk Reduction Centers of September 
15, 1987.

                         SECTION II. TEST SITES

    1. The test sites for the Parties are: the Nevada Test 
Site, for the United States of America; and the Northern Test 
Site (Novaya Zemlya) and the Semipalatinsk Test Site, for the 
Union of Soviet Socialist Republics. Upon entry into force of 
the Treaty, each Party, for each of its test sites, shall 
provide the other Party with:
          (a) a precise written description of the boundaries; 
        and
          (b) a diagram with geographic coordinates of the 
        boundaries to the nearest second, to a scale of no 
        smaller than 1:250,000.
    2. Following entry into force of the Treaty, if a Party 
decides to establish a new test site or to change the 
boundaries of a test site specified in paragraph 1 of this 
Section, the description and diagram specified in paragraph 1 
of this Section shall be transmitted to the other Party no less 
than 12 months prior to the planned date for conducting the 
first test at the new site or area of expansion of a previously 
specified test site.
    3. A test site of a Party shall be located only within its 
territory. All tests shall be conducted solely within test 
sites specified in paragraph 1 or in accordance with paragraph 
two of this Section.
    4. For the purposes of the Treaty and this Protocol, all 
underground nuclear explosions at test sites specified in 
paragraph 1 or in accordance with paragraph 2 of this Section 
shall be considered underground nuclear weapon tests and shall 
be subject to all provisions of the Treaty and this Protocol.

                   SECTION III. VERIFICATION MEASURES

    1. For purposes of verification of compliance with the 
Treaty, in addition to using available national technical 
means, the Verifying Party shall have the right, with respect 
to tests that are conducted 200 days or more following entry 
into force of the Treaty:
          (a) with respect to a test having a planned yield 
        exceeding 50 kilotons, to carry out any or all of the 
        verification activities associated with the use of the 
        hydrodynamic yield measurement method, in accordance 
        with Section V of this Protocol, with respect too each 
        explosion in the test;
          (b) with respect to a test having a planned yield 
        exceeding 50 kilotons, to carry out any or all of the 
        verification activities associated with the use of the 
        seismic yield measurement method, in accordance with 
        Section V of this Protocol; and
          (c) with respect to a test having a planned yield 
        exceeding 35 kilotons, to carry out any or all of the 
        verification activities associated with on-site 
        inspection, in accordance with Section VII of this 
        Protocol, with respect to each explosion in the test, 
        except that such activities may be carried out with 
        respect to a test having a planned yield exceeding 50 
        kilotons only if the Verifying Party does not use the 
        hydrodynamic yield measurement method.
    2. In addition to the rights specified in paragraph 1 of 
this Section, for the purposes of building confidence in the 
implementation of this Protocol and improving its national 
technical means of verification, the Verifying Party shall have 
the right:
          (a) if, in each of the five calendar years 
        immediately following entry into force of the Treaty, 
        the Testing Party does not conduct at least two tests 
        having a planned yield exceeding 50 kilotons, to use 
        the hydrodynamic yield measurement method, in 
        accordance with Section V of this Protocol, with 
        respect to two tests from among those having the 
        highest planned yields that the Testing Party conducts 
        in that calendar year;
          (b) if, in the sixth calendar year following entry 
        into force of the Treaty and in each calendar year 
        thereafter, unless the Parties otherwise agree, the 
        Testing Party does not conduct at least one test having 
        a planned yield exceeding 50 kilotons, to use the 
        hydrodynamic yield measurement method, in accordance 
        with Section V of this Protocol, with respect to one 
        test from among those having the highest planned yield 
        that the Testing Party conducts in that calendar year;
          (c) if, in any calendar year, the testing Party 
        postpones a test having a planned yield of 50 kilotons 
        or less to the following calendar year, after having 
        been notified by the Verifying Party of its intent to 
        use the hydrodynamic yield measurement method with 
        respect to that test, to use such method with respect 
        to that test in the following calendar year. This right 
        shall be additional to the rights specified in 
        paragraph 1(a) of this Section and in subparagraphs (a) 
        and (b) of this paragraph; and
          (d) in addition to the rights specified in 
        subparagraphs (a), (b), and (c) of this paragraph, if, 
        in each of the five calendar years beginning with the 
        conduct of the first test by the Testing Party at a new 
        test site, the Testing Party does not conduct at least 
        two tests having a planned yield exceeding 50 kilotons 
        at the new test site, the Verifying Party shall have 
        the right to use the hydrodynamic yield measurement 
        method, in accordance with Section V of this Protocol, 
        with respect to two tests from among those having the 
        highest planned yields that the Testing Party conducts 
        at the new site in that calendar year.
    3. If the Verifying Party has notified the Testing Party 
that it intends to use the hydrodynamic yield measurement 
method with respect to a specific test including more than one 
explosion, unless the Parties agree on verification measures 
with respect to such a test:
          (a) the distance between the closest points of any 
        two adjacent explosive canisters shall be no less than 
        50 meters; and
          (b) the time of each explosion shall be established 
        by the Testing Party so as to permit the carrying out 
        of hydrodynamic yield measurements for each explosion 
        for a distance of no less than 30 meters in the 
        satellite hole closest to the emplacement hole with 
        which it is associated.
    4. If the Verifying Party has notified the Testing Party 
that it intends to use the hydrodynamic yield measurement 
method with respect to a specific test, and if that test is 
conducted in more than one emplacement hole, the Testing Party 
shall have the right to conduct that test only if no more than 
one emplacement hole has characteristics or contains explosive 
canisters having characteristics differing from those set forth 
in paragraph 2 or 3 of Section V of this Protocol with respect 
to a test of standard configuration, unless the Parties agree 
on verification measures with respect to such a test.
    5. The Testing Party shall have the right to conduct a test 
having a planned yield exceeding 35 kilotons within a time 
period of less than two seconds of any other test having a 
planned yield exceeding 35 kilotons only if the Parties agree 
on verification measures with respect to such tests. No test 
shall be conducted within 15 minutes prior to or following a 
reference test, unless the Parties otherwise agree.
    6. The Testing Party shall have the right to conduct a test 
having a planned yield exceeding 35 kilotons in a cavity having 
a volume exceeding 20,000 cubic meters only if the Parties 
agree on verification measures with respect to such a test.
    7. The Verifying Party, by notifying the Testing Party that 
it intends to use the hydrodynamic yield measurement method 
with respect to a test of non-standard configuration having a 
planned yield exceeding 50 kilotons, shall have the right to 
require a reference test for this non-standard test, in order 
to compare the yields measured through its national technical 
means for these two associated tests with the yield obtained by 
carrying out hydrodynamic yield measurement of the reference 
test. The right of the Verifying Party to a reference test 
shall be independent of whether or not it actually carries out 
hydrodynamic yield measurements of the test of non-standard 
configuration.
    8. With respect to the requirement for a reference test:
          (a) if the Testing Party, at the time it provides 
        notification of a test, identifies that test as a 
        reference test for a future test of non-standard 
        configuration, and if the Verifying Party does not use 
        the hydrodynamic yield measurement method with respect 
        to the identified reference test, the Verifying Party 
        shall forfeit its right to require a reference test for 
        that test of non-standard configuration and foe any 
        subsequent test of non-standard configuration that 
        would be associated with that reference test, if the 
        Testing Party conducts the identified reference test;
          (b) the Testing Party shall have the right to 
        identify only one test of standard configuration as a 
        reference test not associated with any specific test of 
        non-standard configuration until it has conducted an 
        associated test of non-standard configuration for which 
        this tests serves as a reference test, or unless it 
        simultaneously provides notification of the associated 
        test of non-standard configuration; and
          (c) If the Testing Party, at the time it provides 
        notification of a test of standard configuration, 
        indicates that the test will satisfy a requirement for 
        a reference test for a previously conducted test of 
        non-standard configuration, and if the Verifying Party 
        notifies the Testing Party of its intent not to use the 
        hydrodynamic yield measurement method with respect to 
        the reference test, the Verifying Party shall forfeit 
        its right to require a reference test for the 
        previously conducted test of non-standard 
        configuration. In that case, the Testing Party shall 
        have the right to cancel that reference test.
    9. Following notification by the Verifying Party, in 
accordance with paragraph 5 of Section IV of this Protocol, of 
whether or not it intends to carry out any of the activities 
related to verification for a specific test, and, if so, which 
activities, the Verifying Party shall forfeit its right to 
revise that notification unless the Testing Party changes the 
previously declared location of that test by more than one 
minute of latitude or longitude or changes the planned yield of 
a test form 50 kilotons or less to a planned yield exceeding 50 
kilotons. If the Testing Party makes any such change, the 
Verifying Party shall have the right to revise its previous 
notification and to carry out any of the activities specified 
in paragraph 1 or 2 of this Section and, if the Verifying Party 
notifies the Testing Party that it intends to carry out 
activities related to verification with respect to that test, 
in accordance with paragraph 20 of Section IV of this Protocol, 
the Testing Party shall not conduct the test less than 180 days 
following the date of the revised notification by the Verifying 
Party, unless the Parties otherwise agree.
    10. Designated Personnel shall have the right to carry out 
activities related to verification in accordance with the 
Protocol, 24 hours a day, provided such activities are 
consistent with the safety requirements of the Testing Party at 
the test site or Designated Seismic Station. All operations and 
procedures that require the participation of Designated 
Personnel and personnel of the Testing Party shall be carried 
out in accordance with the technical operations and practices 
at the testing site or the Designated Seismic Station of the 
Testing Party, and in this connection:
          (a) Designated Personnel:
                  (i) shall not interfere with activities of 
                personnel of the Testing Party at the test site 
                or Designated Seismic Station; and
                  (ii) shall be responsible for the working of 
                their equipment, its timely installation and 
                operation, participation in such operations, 
                including dry runs, as the Testing Party may 
                request, and recording of data; and
          (b) the Testing Party:
                  (i) shall be under no obligation to delay the 
                test because of any malfunction of the 
                equipment of the Verifying Party or inability 
                of Designated Personnel to carry out their 
                functions, unless the Testing Party caused such 
                a situation to arise; and
                  (ii) shall bear full responsibility for the 
                preparation and conduct of the test and shall 
                have exclusive control over it.
    11. If the Verifying Party has notified the Testing Party 
that it intends to carry out activities related to verification 
of a specific test, the Testing Party shall have the right to 
make changes in the timing of its operations related to the 
conduct of the test, except that the Testing Party shall not 
make changes in the timing of its operations related to the 
conduct of that test that would preclude Designated Personnel 
from carrying out their rights related to verification provided 
in this Protocol. If the Testing Party notifies the Verifying 
Party of a change in the timing of its operations that the 
Verifying Party deems would either preclude or significantly 
limit the exercise of such rights, the Coordinating Group shall 
meet at the request to the Representative of the Verifying 
Party to the Coordinating Group, to consider the change in 
order to ensure that the rights of the Verifying Party are 
preserved. If the Coordinating Group cannot agree on a revision 
to the coordinated schedule that will ensure the rights of both 
Parties as provided in this Protocol, there shall be no 
advancement of events within the coordinated schedule due to 
such a change. Either Party may request that the Bilateral 
Consultative Commission consider any such change in timing of 
operations or in the coordinated schedule, in accordance with 
paragraph 15 of Section XI of this Protocol.

      SECTION IV. NOTIFICATIONS AND INFORMATION RELATING TO TESTS

    1. Unless otherwise provided in this Protocol, all 
notifications required by this Protocol shall be transmitted 
through the Nuclear Risk Reduction Centers. The Nuclear Risk 
Reduction Centers may also be used, as appropriate, to transmit 
other information provided in accordance with this Protocol.
    2. Not later than June 1 immediately following entry into 
force of the Treaty, and not later than June 1 of each year 
thereafter, each Party shall provide the other Party with the 
following information on tests that it intends to conduct in 
the following calendar year:
          (a) the projected number of tests having a planned 
        yield exceeding 35 kilotons;
          (b) the projected number of tests having a planned 
        yield exceeding 50 kilotons; and
          (c) if the number of tests declared in accordance 
        with subparagraphs (a) and (b) of this paragraph is 
        less than the number of tests for which rights are 
        specified in paragraph 2 of Section III of this 
        Protocol, whether it intends to conduct a sufficient 
        number of other tests to permit the Verifying Party to 
        exercise fully the rights specified in paragraph 2 of 
        Section III of this Protocol.
    3. On the date of entry into force of the Treaty each Party 
shall provide the other Party with the information specified in 
paragraphs 2(a) and 2(b) of this Section for the remainder of 
the calendar year in which the Treaty enters into force, and, 
if the Treaty enters into force after June 1, information 
specified in paragraph 2 of this Section for the following 
calendar year.
    4. No less than 200 days prior to the planned date of any 
test with respect to which the Verifying Party has the right to 
carry out any activity related to verification in accordance 
with this Protocol, the Testing Party shall provide the 
Verifying Party with the following information to the extent 
and degree of accuracy available at that time:
          (a) the planned date of the test and its designation;
          (b) the planned date of the beginning of emplacement 
        of explosive canisters;
          (c) the location of the test, expressed in geographic 
        coordinates to the nearest minute;
          (d) whether the planned yield of the test exceeds 35 
        kilotons;
          (e) whether the planned yield of the test exceeds 50 
        kilotons;
          (f) whether the planned yield is 50 kilotons or less, 
        whether the test is one of the tests with respect to 
        which the Verifying Party has the right to use the 
        hydrodynamic yield measurement method, in accordance 
        with paragraph 2 of Section III of this Protocol;
          (g) the planned depth of each emplacement hole to the 
        nearest 10 meters;
          (h) the type or types of rock in which the test will 
        be conducted, including the depth of the water table;
          (i) whether the test will be of standard or non-
        standard configuration; and
          (j) whether the test will serve as a reference test 
        for:
                  (i) a previously conducted test of non-
                standard configuration with which such a 
                reference test is associated;
                  (ii) a future test of non-standard 
                configuration for which notification has been 
                provided or is being simultaneously provided in 
                accordance with paragraph 8(b) of Section III 
                of this Protocol; or
                  (iii) a future test of non-standard 
                configuration for which the Testing Party has 
                not yet provided notification.
    5. Within 20 days following receipt of information 
specified in paragraph 4 of this Section, the Verifying Party 
shall inform the Testing Party, in a single notification, 
whether or not it intends to carry out, with respect to this 
test, any activities related to verification that it has a 
right to carry out, in accordance with Section III of this 
Protocol, and if so, whether it intends:
          (a) to use the hydrodynamic yield measurement method, 
        in accordance with Section V of this Protocol;
          (b) to use the seismic yield measurement method, in 
        accordance with Section VI of this Protocol; and
          (c) to carry out on-site inspection, in accordance 
        with Section VII of this Protocol.
    6. Within 30 days following notification by the Verifying 
Party, in accordance with paragraph 11 of Section XI of this 
Protocol, that it requires a reference test for a test of non-
standard configuration, the Testing Party shall notify the 
Verifying Party whether it will meet the requirement test 
through:
          (a) the identification of a previously conducted 
        reference test;
          (b) the identification of a previously conducted test 
        of standard configuration, meeting the requirements for 
        a reference test, with respect to which the Verifying 
        Party carried out hydrodynamic yield measurements;
          (c) the identification of a previously notified test 
        of standard configuration, meeting the requirements for 
        a reference test, with respect to which the Verifying 
        Party has notified the Testing Party of its intent to 
        carry out hydrodynamic yield measurements; or
          (d) the conduct of a reference test within 12 months 
        of the non-standard test, whose identification as a 
        reference test will be made in the notification, in 
        accordance with paragraph 4(j) of this section.
    7. If the Verifying Party notifies the Testing Party that 
it intends to use the hydrodynamic yield measurement method, 
the Testing Party shall provide the Verifying Party, no less 
than 120 days prior to the planned date of the test, with the 
following information:
          (a) a description of the geological and geophysical 
        characteristics of the test location, which shall 
        include: the depth of the water table; the 
        stratigraphic column, including the lithologic 
        description of each formation; the estimated physical 
        parameters of the rock, including bulk density, grain 
        density, compressional velocity, porosity, and total 
        water content; and information on any known geophysical 
        discontinuities in the media within each hydrodynamic 
        measurement zone;
          (b) the planned cross-sectional dimensions of each 
        emplacement hole in each hydrodynamic measurement zone;
          (c) the location and configuration of any known voids 
        larger than one cubic meter within each hydrodynamic 
        measurement zone;
          (d) a description of materials, including their 
        densities, to be used to stem each emplacement hole 
        within each hydrodynamic measurement zone;
          (e) whether it is planned that each emplacement hole 
        will be fully or partially cased, and if so, a 
        description of materials of this casing;
          (f) whether it is planned that each satellite hole 
        will be fully or partially cased, and if so, a 
        description of materials of this casing;
          (g) a topographic map to a scale of no smaller than 
        1:25,000 and a contour interval of 10 meters or less 
        showing:
                  (i) an area with a radius of no less than two 
                kilometers centered on the entrance to each 
                emplacement hole, that shall include the area 
                delineated by a circle having a radius of 300 
                meters centered directly above the planned 
                emplacement point of each explosive canister; 
                and
                  (ii) a one-kilometer wide corridor centered 
                on the planned location of the above-ground 
                cables of the Verifying Party;
          (h) overall drawings showing the external dimensions 
        of each explosive canister and each choke section, and 
        any pipes or cableways passing through a choke section, 
        as well as any other pipes and cableways connected to 
        that explosive canister and located within five meters 
        of that explosive canister;
          (i) the specific locations, referenced to the 
        entrance to each vertical satellite hole or to the 
        surface location of the entrance to each horizontal 
        emplacement hole, at which individual gas-blocking 
        devices shall be installed if such devices are used on 
        the electrical cables specified in paragraphs 3(a) and 
        3(b) of Section VIII of this Protocol; and
          (j) whether the Testing Party will provide satellite 
        communications as specified in paragraph 13 of Section 
        X of this Protocol for use by Designated Personnel.
    8. If the Verifying Party notifies the Testing Party that 
it intends to use the seismic yield measurement method, the 
Testing Party shall provide the Verifying Party, no less than 
120 days prior to the planned date of the test, with the 
information specified in paragraphs 9(a), 9(b), and 9(c) of 
this Section.
    9. If the Verifying Party notifies the Testing Party that 
it intends to carry out on-site inspection, the Testing Party 
shall provide the Verifying Party, no less than 120 days prior 
to the planned date of the test, with the following 
information:
          (a) a description of the geological and geophysical 
        characteristics of the test location, which shall 
        include: the depth of the water table; the 
        stratigraphic column, including the lithologic 
        description of each formation; the estimated physical 
        parameters of the rock, including bulk density, grain 
        density, compressional velocity, porosity, and total 
        water content; and information on any known geophysical 
        discontinuities in the media within a radius of 300 
        meters of the planned emplacement point of each 
        explosive canister.
          (b) the planned cross-sectional dimensions of each 
        emplacement hole in the portion within 300 meters of 
        the planned emplacement point of each explosive 
        canister;
          (c) the location and configuration of any known voids 
        larger than 1000 cubic meters within a radius of 300 
        meters of the planned emplacement point of each 
        explosive canister;
          (d) whether it is planned that each emplacement hole 
        will be fully or partially cased, and, if so, a 
        description of materials of this casing;
          (e) a topographic map to a scale of no smaller than 
        1:25,000 and a contour interval of 10 meters or less 
        showing an area with a radius of no less than two 
        kilometers centered on the entrance to each emplacement 
        hole, that shall include the are delineated by a circle 
        having a radius of 300 meters centered directly above 
        the planned emplacement point of each explosive 
        canister; and
          (f) whether the Testing Party will provide satellite 
        communications as specified in paragraph 13 of Section 
        X of this Protocol for use by Designated Personnel.
    10. The Testing Party shall immediately notify the 
Verifying Party of any change in any information provided in 
accordance with paragraph 2, 3, 4(a), 4(c), 4(e), 4(f), or 4(j) 
of this Section, and:
          (a) if the Verifying Party has notified the Testing 
        Party that it intend to carry out activities related to 
        verification in accordance with Section V of this 
        Protocol, of any change in information provided in 
        accordance with paragraph 4(b), 4(g), 4(h), 4(i), 6 or 
        7 of this Section, or paragraph 10 of Section XI of 
        this Protocol;
          (b) if the Verifying Party has notified the Testing 
        Party that it intend to carry out activities related to 
        verification in accordance with Section VI of this 
        Protocol, of any change in information provided in 
        accordance with paragraph 4(g), 4(h) or 8 of this 
        Section; and
          (c) if the Verifying Party has notified the Testing 
        Party that it intend to carry out activities related to 
        verification in accordance with Section VII of this 
        Protocol, of any change in information provided in 
        accordance with paragraph 4(b), 4(g), 4(h) or 9 of this 
        Section, or paragraph 10(a) of Section XI of this 
        Protocol.
    11. If the Testing Party makes changes in the information 
specified in paragraph 4(a), 10(a), 10(b) or 10(c) of this 
Section related to a specific test for which Designated 
Personnel are present in the territory of the Testing Party, it 
shall also immediately notify, in writing, the Designated 
Personnel Team Leader carrying out activities related to 
verification of that test at the test site and at each 
Designated Seismic Station of such changes.
    12. The Testing Party shall immediately inform the 
Verifying party of any change in the timing of its operations 
related to the conduct of a specific test that affects the 
coordinated schedule, and if Designated Personnel are present 
in the territory of the Testing Party, it shall also 
immediately notify, in writing, the Designated Personnel Team 
Leader carrying out activities related to verification of that 
test at the test site and at each Designated Seismic Station.
    13. If, in carrying out activities related to verification 
of a specific test, Designated Personnel are present at the 
test site or any Designated Seismic Station:
          (a) no less than 48 hours prior to the initial 
        planned time of the test, the Testing Party notify 
        shall each Designated Personnel Team Leader, in 
        writing, of the time for beginning the period of 
        readiness for the test and the planned time of the 
        test, to the nearest second. This and all subsequent 
        notifications shall be referenced to Universal Time 
        Coordinated and to local time at the test site or the 
        Designated Seismic Station;
          (b) except as otherwise provided on this Section, if 
        the Testing Party changes the planned time of the test, 
        it shall immediately notify each Designated Personnel 
        Team Leader, in writing, of the new planned time of the 
        test;
          (c) the Testing Party shall conduct the test only 
        within a period of readiness;
          (d) unless the Parties otherwise agree, the period of 
        readiness shall begin:
                  (i) no less than six days following 
                completion of stemming of the hydrodynamic 
                measurement zone of all satellite holes, if 
                verification activities in accordance with 
                Section V of this Protocol are carried out; and
                  (ii) no more than five days prior to the 
                planned date of the test, if verification 
                activities in accordance with Section VI of 
                this Protocol are carried out;
          (e) the Testing Party may terminate the period of 
        readiness at any time. The Testing Party shall then 
        immediately notify each Designated Personnel Team 
        Leader, in writing, that the period of readiness has 
        been terminated; and
          (f) if the Testing Party terminates the period of 
        readiness or changes the time for the beginning of the 
        period of readiness, it shall provide notice of the 
        time for beginning a new period of readiness to each 
        Designated Personnel Team Leader, in writing, no less 
        than 12 hours prior to beginning this new period of 
        readiness.
    14. Following notification in accordance with paragraph 
13(a) or 13(b) of this Section, the Testing Party, without 
further notification may advance the time of the test by no 
more than five minutes.
    15. After the event readiness signal specified in paragraph 
10(b) of Section V of this Protocol has been started:
          (a) if the Testing Party delays the test and 
        terminates the event readiness signal at least one 
        second prior to the planned time of the test, it may 
        carry out the test, without further notification, at 
        any time within no more than 60 minutes after the 
        planned time of the test, provided it generates a new 
        event readiness signal; and
          (b) if the Testing Party subsequently delays the test 
        without ending the event readiness signal at least one 
        second prior to the planned time of the test, the 
        Testing Party shall end the event readiness signal and 
        shall not begin a new event readiness signal within 20 
        minutes following that planned time of the test. The 
        Testing Party shall notify each Designated Personnel 
        Team Leader, in writing, of the new planned time of the 
        test, at least 10 minutes prior to the beginning of the 
        new event readiness signal for that test.
    16. Following notification in accordance with paragraph 
13(a) or 13(b) of this Section, if the test is delayed by more 
than 60 minutes the Testing Party shall notify each Designated 
Personnel Team Leader, in writing, of the new planned time of 
the test no less than 30 minutes prior to the new planned time 
of the test.
    17. During the period of readiness, if a test is delayed by 
more than three hours from the last notification of the planned 
time of the test, the Testing Party shall notify each 
Designated Personnel Team Leader, in writing, of the period 
during which the test will not be conducted.
    18. No less than one hour following the test, the Testing 
Party shall notify each Designated Personnel Team Leader, in 
writing, of the actual time of the test to the nearest 0.1 
second.
    19. For each test for which notification has been provided 
in accordance with paragraph 4 of this Section, no less than 48 
hours prior to the initial planned time of the test, the 
Testing Party shall notify the Verifying Party of the time of 
the planned test to the nearest one second. If the Testing 
Party subsequently delays the planned time of the test by more 
than 24 hours, it shall immediately notify the Verifying Party 
of the new planned time of the test to the nearest one second. 
No less than three days following the test, the Testing Party 
shall notify the Verifying Party of the actual time of the 
test, referenced to Universal Time Coordinated, to the nearest 
0.1 second.
    20. The Testing Party shall immediately notify the 
Verifying Party of a change in the location of a test by more 
than one minute of latitude or longitude or of a change in the 
planned yield of a test from 50 kilotons or less to a planned 
yield exceeding 50 kilotons. The Verifying Party shall notify 
the Testing Party, within 20 days following receipt of 
notification of such a change in the location or planned yield 
of the test, whether it intends to carry out for this test any 
activities related to verification in accordance with paragraph 
9 of Section III of this Protocol. If the Verifying Party, in 
this revised notification, notifies the Testing Party that it 
intends to carry out any activities related to verification 
that it has a right to carry out in accordance with Section III 
of this Protocol, the Testing Party shall provide the Verifying 
Party with the information that it is required to provide in 
accordance with paragraphs 7, 8, and 9 of this Section and 
paragraph 10 of Section XI of this Protocol.
    21. If the Verifying Party has notified the Testing Party 
that it intends to use the hydrodynamic yield measurement 
method, the beginning of emplacement of sensing elements and 
cables shall not occur less than 90 days after notification of 
any change in the location of the test by more than one minute 
of latitude or longitude, unless the Parties otherwise agree.
    22. If the Verifying Party has notified the Testing Party 
that it does not intend to carry out hydrodynamic yield 
measurements for a specific test, the Testing Party shall have 
the right to change the configuration of that test from 
standard to non-standard or vice-versa, without notifying the 
Verifying Party of such change.
    23. If the Verifying Party has notified the Testing Party 
that it intends to carry out hydrodynamic yield measurements 
for a specific test, the Testing Party shall immediately notify 
the Verifying Party of a change in the configuration of that 
test from standard to non-standard or vice-versa, or of any 
increase in the number of emplacement holes or explosive 
canisters of the test. The Verifying Party shall, within five 
days of notification of any such change, notify the Testing 
Party whether it will revise its initial notification and 
whether it deems that this change would either preclude or 
significantly limit the exercise of its rights provided in this 
Protocol. If so, the Coordinating Group shall immediately meet 
to consider a revision in the coordinated schedule that will 
ensure the rights of both Parties provided in this Protocol. If 
the Parties cannot agree on a revised coordinated schedule 
within 15 days following notification by the Testing Party of 
such a change, the date of notification of the change shall be 
deemed the initial notification of a test in accordance with 
paragraph 4 of this Section, and the test shall be conducted no 
less than 180 days following the date of notification.
    24. If the Verifying Party has notified the Testing Party 
that it intends to carry out on-site inspection with respect to 
a specific test, and if the Testing Party notifies the 
Verifying Party of an increase in the number of explosive 
canisters or an increase in the number of emplacement holes, 
the Verifying Party shall, within five days of any such change, 
notify the Testing Party whether it deems that this change 
would significantly limit the exercise of its rights provided 
in this Protocol. If so, the Coordinating Group shall 
immediately meet to consider a revision in the coordinated 
schedule that will ensure the rights of both Parties provided 
in this Protocol. If the Parties cannot agree on a revised 
coordinated schedule within 15 days following notification by 
the Verifying Party that it deems that, as a result of such an 
increase, its rights would be significantly limited, the date 
of that notification shall be deemed notification by the 
Verifying Party that it intends to carry out on-site inspection 
in accordance with paragraph 5 of this Section, and the test 
shall be conducted no less than 165 days following the date of 
such notification.
    25. The Verifying Party may at any time, but no later than 
one year following a test, request from the Testing Party 
clarification of any point of information provided in 
accordance with this Section. Such clarification shall be 
provided in the shortest possible time, but no later than 30 
days following the receipt of the request.

            SECTION V. HYDRODYNAMIC YIELD MEASUREMENT METHOD

    1. The hydrodynamic measurement zone is:
          (a) with respect to a test of standard configuration, 
        described in paragraph 2 or 3 of this Section, as well 
        as with respect to any explosion having a planned yield 
        of 50 kilotons less;
                  (i) if an emplacement hole is vertical, the 
                cylindrical region 25 meters in diameter whose 
                axis is midway between the axes of the 
                emplacement hole and the satellite hole, 
                extending from a point 30 meters below the end 
                of the emplacement hole to a point 100 meters 
                from the end of the emplacement hole in the 
                direction of the entrance to the emplacement 
                hole; or
                  (ii) if an emplacement hole is horizontal, 
                the cylindrical region 25 meters in diameter 
                whose axis is midway between the axes of the 
                emplacement hole and the satellite hole, 
                extending from a point 15 meters beyond the end 
                of the emplacement hole to a point 65 meters 
                from the end of the emplacement hole in the 
                direction of the entrance to the emplacement 
                hole; and
          (b) with respect to a test of non-standard 
        configuration having a planned yield exceeding 50 
        kilotons:
                  (i) if an emplacement hole is vertical, the 
                cylindrical region 200 meters in diameter 
                coaxial with the emplacement hole, extending 
                from a point 30 meters below the end of the 
                emplacement hole to a point 100 meters from the 
                center point of the explosive canister in the 
                direction of the entrance to the emplacement 
                hole; or
                  (ii) if an emplacement hole is horizontal, 
                the cylindrical region 130 meters in diameter 
                whose axis is coaxial with the emplacement 
                hole, extending from a point 15 meters beyond 
                the end of the emplacement hole to a point 65 
                meters from the center point of the explosive 
                canister in the direction of the entrance to 
                the emplacement hole.
    2. For the purposes of the use of the hydrodynamic yield 
measurement method, a test shall be deemed of standard vertical 
configuration if:
          (a) each emplacement hole is vertical and 
        cylindrical, and is drilled or excavated with a 
        diameter no greater than four meters;
          (b) the bottom of each emplacement hole is filled 
        with stemming material having a bulk density no less 
        than 60 percent of the average density of the 
        surrounding rock, to form a plug no less than three 
        meters thick, and the top of this plug of stemming 
        material is the end of the emplacement hole for the 
        explosive canister emplaced farthest from the entrance 
        to the emplacement hole;
          (c) any pipe or cableway connected to an explosive 
        canister passes through a choke section. This choke 
        section is installed on the top of the explosive 
        canister and has the following characteristics:
                  (i) the diameter of the choke section is no 
                less than that of the explosive canister;
                  (ii) the choke section is no less than one 
                meter thick;
                  (iii) the sum of the areas of all pipes and 
                cableways within the choke section does not 
                exceed 0.5 square meters;
                  (iv) the area of each pipe or cableway within 
                the choke section does not exceed 0.3 square 
                meters;
                  (v) the part of the choke section in contact 
                with the explosive canister consists of a steel 
                plate having a thickness no less than 0.005 
                meters; and
                  (vi) the choke section, except for pipes and 
                cableways, is filled, prior to emplacement, 
                with stemming material having a bulk density no 
                less than 60 percent of the average density of 
                the surrounding rock, and has a product of 
                density and thickness no less than 250 grams 
                per square centimeter;
          (d) the length of each explosive canister does not 
        exceed 12 meters and, after an explosive canister is 
        emplaced, the lowest part of the choke section is no 
        more than 12 meters above the end of the emplacement 
        hole;
          (e) the diameter of each explosive canister does not 
        exceed three meters;
          (f) each emplacement hole has been drilled or 
        excavated with a diameter, within each hydrodynamic 
        measurement zone, no more than one meter greater than 
        the diameter of each explosive canister; or, if an 
        emplacement hole has been cased, the inside diameter of 
        the casing, within each hydrodynamic measurement zone, 
        is no more than one meter greater than the diameter of 
        each explosive canister. Within the 15-meter segment 
        above the end of each emplacement hole for each 
        explosive canister, no washouts penetrate more than one 
        meter into the wall of the emplacement hole;
          (g) all voids in or connected to an emplacement hole, 
        within each hydrodynamic measurement zone, external to:
                  (i) any explosive canister;
                  (ii) any choke sections;
                  (iii) any diagnostic canisters; and
                  (iv) associated cables and pipes are filled 
                with stemming material having a bulk density no 
                less than 60 percent of the average density of 
                the surrounding rock;
          (h) within each hydrodynamic measurement zone, all 
        voids greater than 10 cubic meters, external and 
        unconnected to an emplacement hole or a satellite hole, 
        and all voids greater than one cubic meter, within two 
        meters of the wall of a satellite hole or any part of 
        an explosive canister, are filled with stemming 
        material having a bulk density no less than 70 percent 
        of the average density of the surrounding rock; and
          (i) within each hydrodynamic measurement zone, the 
        distance between a satellite hole and any other drilled 
        hole or excavation is no less than the distance between 
        that satellite hole and the emplacement hole with which 
        it is associated.
    3. For the purposes of the use of the hydrodynamic yield 
measurement method, a test shall be deemed of standard 
horizontal configuration if:
          (a) each emplacement hole is horizontal, with an 
        excavated cross section, measured in the plane 
        perpendicular to its axis, no greater than five meters 
        by five meters for the first 65 meters from the end of 
        the emplacement hole for each explosive canister, 
        except that any diagnostic canister associated with it 
        shall occupy, in an emplacement hole, space having a 
        cross section no greater than 3.5 meters by 3.5 meters 
        for the first 50 meters of the emplacement hole from 
        the choke section of each explosive canister in the 
        direction of the entrance to the emplacement hole;
          (b) the end of each emplacement hole is either:
                  (i) unsupported native rock, the surface of 
                which is essentially perpendicular to the axis 
                of the emplacement hole; or
                  (ii) the surface of a plug no less than three 
                meters thick, formed of stemming material 
                having a bulk density no less than 60 percent 
                of the average density of the surrounding rock;
          (c) the length of each explosive canister does not 
        exceed 12 meters and, after it is emplaced, the end of 
        the explosive canister farthest from the entrance to 
        the emplacement hole is no less than one meter and no 
        more than two meters from the end of the emplacement 
        hole;
          (d) the cross section of each explosive canister 
        measured in the plane perpendicular to the axis of the 
        emplacement hole does not exceed three meters by three 
        meters;
          (e) any pipe or cableway connected to an explosive 
        canister and lying entirely within the emplacement hole 
        passes through a choke section. This choke section is 
        installed at the end of the explosive canister nearest 
        to the entrance of the emplacement hole and has the 
        following characteristics:
                  (i) the dimensions of the choke section 
                perpendicular to the axis of the emplacement 
                hole are no less than those of the explosive 
                canister;
                  (ii) the choke section is no less than one 
                meter thick;
                  (iii) the sum of the areas of all pipes and 
                cableways within the choke section, plus the 
                sum of the areas of pipes and cableways 
                specified in subparagraph (f) of this 
                paragraph, does not exceed 0.5 square meters;
                  (iv) the area of each pipe or cableway within 
                the choke section does not exceed 0.3 square 
                meters; and
                  (v) the choke section, except for pipes and 
                cableways meeting the requirements of 
                subparagraphs (e) (iii) and (e) (iv) of this 
                paragraph, is filled with stemming material 
                having a bulk density no less than 60 percent 
                of the average density of the surrounding rock, 
                and has a product of density and thickness no 
                less than 250 grams per square centimeter;
          (f) any pipe or cableway connected to any surface of 
        an explosive canister and not lying entirely within the 
        emplacement hole has the following characteristics:
                  (i) the area of each pipe or cableway within 
                five meters of the explosive canister does not 
                exceed 0.05 square meters; and
                  (ii) the sum of the areas of all such pipes 
                and cableways within five meters of the 
                explosive canister does not exceed 0.1 square 
                meters;
          (g) any diagnostic canister connected to the pipes or 
        cableways specified in subparagraph (f) of this 
        paragraph lies entirely outside the hydrodynamic 
        measurement zone;
          (h) all voids in or connected to an emplacement to 
        hole, including any bypass or access tunnels within the 
        hydrodynamic measurement zone, external to:
                  (i) any explosive canister;
                  (ii) any choke sections;
                  (iii) any diagnostic canisters; and
                  (iv) associated cables and pipes
        are filled with stemming material having a bulk density 
        no less than 60 percent of the average density of the 
        surrounding rock;
          (i) within each hydrodynamic measurement zone, all 
        voids greater than 10 cubic meters, external and 
        unconnected to an emplacement hole or a satellite hole, 
        and all voids greater than one cubic meter, within two 
        meters of the wall of a satellite hole or any part of 
        an explosive canister, are filled with stemming 
        material having a bulk density no less than 70 percent 
        of the average density of the surrounding rock; and
          (j) with the portion of each hydrodynamic measurement 
        zone extending from the end of the emplacement hole in 
        the direction of the entrance to the emplacement hole, 
        the distance between a satellite hole and any other 
        tunnel or excavation is no less than the distance 
        between that satellite hole and the emplacement hole 
        with which it is associated.
    4. With respect to a test of standard configuration, as 
well as with respect to any explosion having a planned yield of 
50 kilotons or less:
          (a) personnel of the Testing Party, using their own 
        equipment, shall drill or excavate a satellite hole 
        associated with each emplacement hole, at a time of 
        their own choosing. The Testing Party shall have the 
        right to complete drilling or excavation of a satellite 
        hole for a specific test prior to the arrival of 
        Designated Personnel at the test site to carry out 
        activities related to use of the hydrodynamic yield 
        measurement method for that test. Each satellite hole 
        shall meet the following requirements:
                  (i) if an emplacement hole is vertical, the 
                axis of the associated satellite hole shall be 
                located 11 meters, plus or minus three meters, 
                from the axis of the emplacement hole within 
                each hydrodynamic measurement zone. If an 
                emplacement hole is horizontal, the axis of the 
                associated satellite hole shall be located 11 
                meters, plus or minus two meters, from the axis 
                of the emplacement hole within each 
                hydrodynamic measurement zone, and it may be 
                drilled or excavated either as a single 
                continuous hole or in separate consecutive 
                segments associated with each hydrodynamic 
                measurement zone. The axis of any satellite 
                hole shall be no less than six meters from the 
                wall of any drilled or excavated cavity or 
                hole;
                  (ii) its end shall be no less than 30 meters 
                below the level of the end of the associated 
                vertical emplacement hole farthest from the 
                entrance to the emplacement hole, or no less 
                than 15 meters beyond the point at which the 
                satellite hole is closest to the end of the 
                associated horizontal emplacement hole farthest 
                from the entrance to the emplacement hole;
                  (iii) if it is prepared by drilling, it shall 
                be drilled no less than 0.3 meters and no more 
                than 0.5 meters in diameter. Within each 
                hydrodynamic measurement zone, no washouts 
                shall penetrate more than one meter into the 
                wall of the hole; and
                  (iv) if it is prepared by excavation, it 
                shall have an excavated cross section, measured 
                in the plane perpendicular to its axis, no 
                greater than 2.5 meters by 2.5 meters within 
                each hydrodynamic measurement zone;
          (b) Designated Personnel shall have the right to 
        observe the activities of the personnel of the Testing 
        Party carried out to meet the specifications set forth 
        in paragraph 2(b) of this Section and, if applicable, 
        set forth in paragraph 3(b) (ii) of this Section. A 
        representative sample of no less than 1000 cubic 
        centimeters in volume of the stemming material used to 
        form the plugs specified in paragraphs 2(b) and 3(b) 
        (ii) of this Section shall be provided to Designated 
        Personnel for retention;
          (c) Designated Personnel shall have the right to 
        carry out, under observation of personnel of the 
        Testing Party and with their assistance, if such 
        assistance is requested by Designated Personnel, 
        directional surveys and geodetic measurements of each 
        satellite hole and emplacement hole prior to the 
        planned date of the beginning of emplacement of sensing 
        elements and cables;
          (d) equipment specified in paragraph 3 of Section 
        VIII of this Protocol shall be operated by Designated 
        Personnel and shall be installed, in accordance with 
        installation instructions provided in accordance with 
        paragraph 6(c) of Section VIII of this Protocol, by 
        Designated Personnel under observation of personnel of 
        the Testing Party and with their assistance, if such 
        assistance is requested by Designated Personnel. The 
        location of each hydrodynamic recording facility and 
        the command and monitoring facility of the Verifying 
        Party and the instrumentation facility of the Testing 
        Party specified in paragraph 10 (l) of this Section 
        shall be determined by the Testing Party in 
        consultation with the Verifying Party in the 
        Coordinating Group no less than 90 days prior to the 
        beginning of emplacement of sensing elements and 
        cables. Areas for the installation of these facilities, 
        cable supports, and cableways for protection of cables 
        of the Verifying Party, specified in paragraphs 3(b), 
        3(f), and 3(g) of Section VIII of this protocol, shall 
        be prepared by the Testing Party in accordance with 
        requirements agreed upon in the Coordinating Group. 
        Only cables of the Verifying Party shall be installed 
        in these cableways. Designated Personnel shall have 
        access, under observation of personnel of the Testing 
        Party, to the cables specified in paragraphs 3(f) and 
        3(g) of Section VIII of this Protocol and to the 
        cableways in which they are installed, at all times. 
        Personnel of the Testing Party shall have access to 
        these cableways only under observation of Designated 
        Personnel;
          (e) Designated Personnel shall have the right to use 
        their own primary electrical power sources to supply 
        electrical power to hydrodynamic equipment specified in 
        paragraph 3 of Section VIII of this Protocol. At the 
        request of the Verifying Party, the Testing Party shall 
        supply electrical power from the standard electrical 
        network of its test site through converters provided by 
        the Verifying Party or, by agreement of the Parties, by 
        the Testing Party;
          (f) for each test, the only equipment installed in a 
        satellite hole shall be that of the Verifying Party 
        specified in paragraphs 3(a) and 3(h) of Section VIII 
        of this Protocol. If an emplacement hole is vertical, 
        the end point of the equipment farthest from the 
        entrance to the satellite hole shall be installed no 
        less than 30 meters below the level of the end of the 
        emplacement hole farthest from the entrance to the 
        emplacement hole. If an emplacement hole is horizontal, 
        the end point of this equipment shall be installed no 
        less than 15 meters beyond the point at which a 
        satellite hole is closest to the end of the emplacement 
        hole farthest from the entrance to the emplacement 
        hole. For each satellite hole, Designated Personnel 
        shall have the right to install no more than six 
        sensing elements and cables, without regard to the 
        number of switches. Personnel of each Party shall have 
        the right to measure the location of the installed 
        sensing elements and cables;
          (g) Designated Personnel shall have the right to 
        conduct a final directional survey and geodetic 
        measurements of each satellite hole upon completion of 
        installation of sensing elements and cables;
          (h) personnel of the Testing Party, under observation 
        of Designated Personnel, shall fill all voids in or 
        connected to each satellite hole within each 
        hydrodynamic measurement zone with a stemming material 
        agreed upon by the Parties, having a bulk density no 
        less than 70 percent of the average density of the 
        surrounding rock. A representative sample of no less 
        than 1000 cubic centimeters in volume of each stemming 
        material used in each hydrodynamic measurement zone 
        shall be provided to Designated Personnel for 
        retention. The methods and materials used for stemming 
        satellite holes and any hydrodynamic measurement 
        equipment emplacement pipe shall:
                  (i) be consistent with the containment 
                practices of the Testing Party;
                  (ii) be chosen to minimize voids around 
                sensing elements and cables; and
                  (iii) be chosen to avoid damage to the 
                sensing elements and cables;
          (i) Designated Personnel shall have the right to 
        observe the stemming of the hydrodynamic measurement 
        zones of each emplacement hole in accordance with 
        paragraphs 2(g) and 3(h) of this Section. A 
        representative sample of no less than 1000 cubic 
        centimeters in volume of each stemming material used in 
        each hydrodynamic measurement zone shall be provided to 
        Designated Personnel for retention;
          (j) the Testing Party shall have the right to case or 
        line each emplacement hole; and
          (k) the Testing Party shall have the right to case or 
        line each satellite hole, provided that:
                  (i) sensing elements and cable can be 
                installed as specified in subparagraph (f) of 
                this paragraph;
                  (ii) casing or lining material in each 
                hydrodynamic measurement zone is agreed upon by 
                the Parties; and
                  (iii) casing or lining in each hydrodynamic 
                measurement zone is affixed to the surrounding 
                formation with material agreed upon by the 
                Parties.
    5. In preparation for the use of the hydrodynamic yield 
measurement method with respect to a test of standard 
configuration, as well as with respect to any explosion having 
a planned yield of 50 kilotons of less:
          (a) upon their arrival at the test site, no less than 
        10 days prior to the planned date of the beginning of 
        emplacement of sensing elements and cables, Designated 
        Personnel shall provide the Testing Party with a 
        description of the recording format and the computer 
        program, to enable the Testing Party to read digital 
        data if digital recordings of hydrodynamic data will be 
        made by Designated Personnel;
          (b) the Testing Party shall provide Designated 
        Personnel upon their arrival at the test site with the 
        results of any studies of core samples and rock 
        fragments extracted from each emplacement hole and 
        satellite hole and any exploratory holes and tunnels, 
        and the results of logging and geodetic measurements 
        carried out in each emplacement hole, each satellite 
        hole, and any exploratory holes and tunnels, relevant 
        to the geology and geophysics of each hydrodynamic 
        measurement zone, if the Testing Party carried out such 
        studies and measurements;
          (c) using their own equipment and under observation 
        of personnel of the Testing Party, Designated Personnel 
        shall have the right to carry out:
                  (i) if an emplacement hole is vertical, in 
                the emplacement hole and associated satellite 
                hole, caliper logs, directional surveys, 
                geodetic measurements, and depth or distance 
                measurements to determine the dimensions and 
                the relative locations of the emplacement hole 
                and satellite hole, as well as measurements to 
                determine the location and volume of all voids 
                within each hydrodynamic measurement zone, 
                using, in a non-destructive way, such methods 
                as electromagnetic measurements, radar, and 
                acoustic sounding;
                  (ii) if an emplacement hole is vertical, 
                within the hydrodynamic measurement zones of 
                either the emplacement hole or, at the option 
                of the Testing Party, of the satellite hole, 
                gamma-gamma, gamma, neutron, electrical 
                resistivity, magnetic susceptibility, gravity, 
                acoustic, and television logging;
                  (iii) if an emplacement hole is horizontal, 
                in the emplacement hole and associated 
                satellite hole, as well as in the drilled holes 
                specified in subparagraph (e)(ii) of this 
                paragraph, caliper logs, directional surveys, 
                geodetic measurements, and distance 
                measurements to determine the dimensions and 
                relative location of these holes, as well as 
                measurements to determine the location and 
                volume of all voids within each hydrodynamic 
                measurement zone using, in a non-destructive 
                way, such methods as electromagnetic 
                measurements, radar, and acoustic sounding; and
                  (iv) if an emplacement hole is horizontal, in 
                the drilled holes specified in subparagraph 
                (e)(ii) of this paragraph, and within the 
                hydrodynamic measurement zones of the 
                emplacement hole, or, at the option of the 
                Testing Party, of the satellite hole, gamma-
                gamma, gamma, neutron, electrical resistivity, 
                magnetic susceptibility, gravity, and acoustic 
                logging;
          (d) all logging data and geometrical measurements 
        obtained by Designated Personnel, in accordance with 
        subparagraph (c) of this paragraph, including 
        calibration data, shall be duplicated, and a copy of 
        the data shall be provided to personnel of the Testing 
        Party prior to departure from the test site of 
        Designated Personnel who have carried out these 
        measurements. Calibration data shall include 
        information necessary to confirm the sensitivity of 
        logging equipment under the conditions in which it is 
        used;
          (e) Designated Personnel shall have the right to 
        receive:
                  (i) if an emplacement hole is vertical, core 
                samples or, at the option of Designated 
                Personnel, rock fragments from the emplacement 
                hole or, at the option of the Testing Party, 
                from the satellite hole, extracted at no more 
                than 10 depths within each hydrodynamic 
                measurement zone, specified by Designated 
                Personnel. The total volume of core samples or 
                rock fragments extracted at each depth shall be 
                no less than 400 cubic centimeters and no more 
                than 3000 cubic centimeters, unless the Parties 
                otherwise agree; and
                  (ii) if an emplacement hole is horizontal, 
                core samples or, at the option of Designated 
                Personnel, rock fragments from the emplacement 
                hole or, at the option of the Testing Party, 
                the satellite hole within each hydrodynamic 
                measurement zone. If core samples are extracted 
                from the emplacement hole or, at the option of 
                the Testing Party, from the excavated satellite 
                hole, they shall be extracted during drilling 
                from each of no more than 10 holes drilled at 
                stations specified by Designated Personnel. The 
                diameter of each drilled hole shall be no less 
                than 0.09 meters and no more than 0.15 meters, 
                and the depth of each hole shall be no more 
                than the diameter of the emplacement hole or 
                satellite hole at this station. Core samples 
                shall be extracted at locations specified by 
                Designated Personnel along each drilled hole. 
                If core samples are extracted from a drilled 
                satellite hole, they shall be extracted by 
                personnel of the Testing Party during the 
                drilling of the satellite hole, within each 
                hydrodynamic measurement zone, at no more than 
                10 stations specified by Designated Personnel 
                and under their observation. Rock fragments 
                shall be extracted from the emplacement hole or 
                an excavated satellite hole at each of no more 
                than 10 stations specified by Designated 
                Personnel. Core samples and rock fragments may 
                be taken from no more than a total of 10 
                stations. If an emplacement hole or an 
                excavated satellite hole is lined at any 
                station specified by Designated Personnel for 
                extracting core samples or rock fragments, 
                personnel of the Testing Party shall enable 
                Designated Personnel to extract core samples or 
                rock fragments at such a station from native 
                rock. The total volume of core samples or rock 
                fragments extracted at each station shall be no 
                less than 400 cubic centimeters and no more 
                than 3000 cubic centimeters, unless the Parties 
                otherwise agree;
          (f) core samples of rock fragments may be extracted 
        in accordance with subparagraph (e) of this paragraph 
        by personnel of the Testing Party, under observation of 
        Designated Personnel, or by Designated Personnel, at 
        the option of the Testing Party;
          (g) if personnel of the Testing Party do not extract 
        core samples or rock fragments in accordance with 
        subparagraph (e) of this paragraph, Designated 
        Personnel shall have the right, using their own 
        equipment, to extract such core samples or rock 
        fragments in accordance with subparagraph (e) of this 
        paragraph, under observation of personnel of the 
        Testing Party;
          (h) if an emplacement hole is vertical, and if the 
        Testing Party, prior to arrival of Designated Personnel 
        at the test site:
                  (i) has cased a total of 20 meters or more of 
                the emplacement hole or the satellite hole 
                within any hydrodynamic measurement zone, 
                Designated Personnel shall have the right to 
                carry out, in the uncased hole, the activities 
                specified in subparagraph (c)(ii) of this 
                paragraph and to receive core samples or rock 
                fragments from the uncased hole, extracted in 
                accordance with subparagraphs (e), (f), and (g) 
                of this paragraph; or
                  (ii) has cased a total of 20 meters or more 
                of both the emplacement hole and the satellite 
                hole within any hydrodynamic measurement zone, 
                the Testing Party shall provide an uncased hole 
                with respect to which Designated Personnel 
                shall have the same rights as those specified 
                for the emplacement hole and the satellite hole 
                in subparagraphs (c), (e), (f), and (g) of this 
                paragraph. The axis of this uncased hole shall 
                be within 22 meters of the axes of the 
                emplacement hole and the satellite hole within 
                each hydrodynamic measurement zone. If 
                personnel of the Testing Party, under 
                observation of Designated Personnel, extract 
                core samples through coring during the drilling 
                of this uncased hole, the diameter of the hole 
                shall be no less than 0.09 meters. If 
                Designated Personnel, under observation of 
                personnel of the Testing Party, extract core 
                sample from this uncased hole following 
                drilling, the diameter of the uncased hole 
                shall be no less than 0.3 meters;
          (i) Designated Personnel shall have the right to 
        retain core sample and rock fragments specified in 
        subparagraphs (e), (f), (g), and (h) of this paragraph. 
        Any such core samples of rock fragments shall be 
        prepared in accordance with procedures agreed upon by 
        the Parties for shipment to the territory of the 
        Verifying Party; and
          (j) logging, directional surveys, geodetic 
        measurements, and extracting of core samples or rock 
        fragments carried out in accordance with subparagraphs 
        (c), (e), (f), (g), (h), and (i) of this paragraph 
        shall begin at times chosen by the Testing Party and 
        specified in the coordinated schedule. Designated 
        Personnel shall have the right, within a period not to 
        exceed 21 days, to carry out logging, directional 
        surveys, geodetic measurements, and coring activities, 
        unless the Parties otherwise agree and so specify in 
        the coordinated schedule. The Testing Party shall not 
        emplace any explosive until the activities specified in 
        this paragraph have been completed.
    6. With respect to any explosion having a planned yield 
exceeding 50 kilotons and characteristics differing from those 
set forth in paragraph 2 or 3 of this Section with respect to a 
test of standard configuration:
          (a) personnel of the Testing Party, using their own 
        equipment and at a time of their own equipment and at a 
        time of their own choosing, shall drill or excavate up 
        to three satellite holes associated with the 
        emplacement hole. The location of the satellite holes 
        shall be determined in accordance with paragraph 
        11(b)(i) of Section XI of this Protocol. The Testing 
        Party shall have the right to complete drilling or 
        excavation of satellite holes for the specific test 
        prior to the arrival of Designated Personnel at the 
        test site for that test. The satellite holes shall meet 
        the following requirements:
                  (i) with respect to the first satellite hole, 
                its length shall be as specified in paragraph 
                4(a)(ii) of this Section;
                  (ii) with respect to the second and third 
                satellite holes, if such are required by the 
                Verifying Party, the axis of each satellite 
                hole shall be within three meters of the axis 
                specified by the Verifying Party. Its length 
                shall be specified by the Verifying Party and 
                in no case shall it extend beyond the 
                hydrodynamic measurement zone associated with 
                that explosion;
                  (iii) within each hydrodynamic measurement 
                zone, the axis of each satellite hole shall be 
                essentially parallel to the axis of the 
                emplacement hole, if the emplacement hole is 
                vertical, or shall be essentially straight, if 
                the emplacement hole is horizontal. Within each 
                hydrodynamic measurement zone, its axis shall 
                be no less than eight meters from the axis of 
                the emplacement hole, if the emplacement hole 
                is vertical, or no less than 10 meters from the 
                axis of the emplacement hole, if the 
                emplacement hole is horizontal, and no less 
                than six meters from the wall of any drilled or 
                excavated cavity or hole;
                  (iv) with respect to a drilled satellite 
                hole, it shall be drilled no less than 0.3 
                meters and no more than 0.5 meters in diameter, 
                unless the Parties otherwise agree. Within each 
                hydrodynamic measurement zone, no washouts 
                shall penetrate more than one meter into the 
                wall of the hole;
                  (v) with respect to an excavated satellite 
                hole, it shall have a cross section, measured 
                in the plane perpendicular to its axis, no 
                greater than 2.5 meters by 2.5 meters within 
                each hydrodynamic measurement zone; and
                  (vi) within each hydrodynamic measurement 
                zone, except for any drilled or excavated 
                cavity or hole, all voids, external and 
                unconnected to any satellite hole, greater than 
                10 cubic meters in volume, within six meters of 
                the axis of any satellite hole, and all voids 
                greater than one cubic meter in volume, within 
                two meters of the axis of any satellite hole, 
                shall be filled with stemming material having a 
                bulk density no less than 70 percent of the 
                average density of the surrounding rock;
          (b) Designated Personnel shall have the right to 
        carry out, under observation of personnel of the 
        Testing Party and with their assistance, if such 
        assistance is requested by Designated Personnel, 
        directional surveys and geodetic measurements of each 
        satellite hole and emplacement hole prior to the 
        beginning of emplacement of sensing elements and cables 
        and transducers;
          (c) equipment specified in paragraph 3 of Section 
        VIII of this Protocol shall be operated by Designated 
        Personnel and shall be installed, in accordance with 
        installation instructions provided in accordance with 
        paragraph 6(c) of Section VIII of this Protocol, by 
        Designated Personnel under observation of personnel of 
        the Testing Party and with their assistance, if such 
        assistance is requested by Designated Personnel. The 
        location of each hydrodynamic recording facility and 
        the command and monitoring facility of the Verifying 
        Party and the instrumentation facility of the Testing 
        Party specified in paragraph 10(l) of this Section 
        shall be determined by the Testing Party in 
        consultation with the Verifying Party in the 
        Coordinating Group no less than 90 days prior to the 
        beginning of emplacement of sensing elements and 
        cables. Areas for the installation of these facilities, 
        cable supports, and cableways for protection of cables 
        of the Verifying Party specified in paragraphs 3(b), 
        3(f), and 3(g) of Section VIII of this Protocol shall 
        be prepared by the Testing Party in accordance with 
        requirements agreed upon in the Coordinating Group. 
        Only cables of the Verifying Party shall be installed 
        in these cableways. Designated Personnel shall have 
        access, under observation of personnel of the Testing 
        Party, to the cables specified in paragraphs 3(f) and 
        3(g) of Section VIII of this Protocol and to the 
        cableways in which they are installed, at all times. 
        Personnel of the Testing Party shall have access to 
        these cableways only under observation of Designated 
        Personnel;
          (d) Designated Personnel shall have the right to use 
        their own primary electrical power sources to supply 
        electrical power to hydrodynamic equipment specified in 
        paragraph 3 of Section VIII of this Protocol. At the 
        request of the Verifying Party, the Testing Party shall 
        supply electrical power from the standard electrical 
        network of its test site through converters provided by 
        the Verifying Party or, upon agreement of the Parties, 
        by the Testing Party;
          (e) for each test, the only equipment installed in 
        each satellite hole shall be that of the Verifying 
        Party specified in paragraphs 3(a) and 3(h) of Section 
        VIII of this Protocol. This equipment shall be 
        installed in each satellite hole at the locations 
        specified by Designated Personnel. Designated Personnel 
        shall have the right to install in each satellite hole 
        no more than six sensing elements and cables, without 
        regard to the number of switches, and no more than six 
        transducers together with no more than 14 cables for 
        information transmission and power supply. The total 
        number of cable in each satellite hole shall not exceed 
        20. Personnel of each Party shall have the right to 
        measure the location of the installed sensing elements 
        and cables and transducers;
          (f) Designated Personnel shall have the right to 
        conduct a final directional survey and geodetic 
        measurements of each satellite hole upon completion of 
        installation of sensing elements and cables and 
        transducers;
          (g) personnel of the Testing Party, under observation 
        of Designated Personnel, shall fill all voids in or 
        connected to each satellite hole within each 
        hydrodynamic measurement zone with a stemming material 
        agreed upon by the Parties, having a bulk density no 
        less than 70 percent of the average density of the 
        surrounding rock. A representative sample of no less 
        than 1000 cubic centimeters in volume of each stemming 
        material used in each hydrodynamic measurement zone 
        shall be provided to Designated Personnel for 
        retention. The methods and materials used for stemming 
        satellite holes and any hydrodynamic measurement 
        equipment emplacement pipe shall:
                  (i) be consistent with the containment 
                practices of the Testing Party;
                  (ii) be chosen to minimize voids around 
                sensing elements and cables and transducers; 
                and
                  (iii) be chosen to avoid damage to the 
                sensing elements and cables and transducers;
          (h) Designated Personnel shall have the right to 
        observe the stemming of the hydrodynamic measurement 
        zones of each emplacement hole in accordance with 
        paragraph 9(d) of this Section. A representative sample 
        of no less than 1000 cubic centimeters in volume of 
        each stemming material used in each hydrodynamic 
        measurement zone shall be provided to Designated 
        Personnel for retention;
          (i) the Testing Party shall have the right to case or 
        line each emplacement hole; and
           (j) the Testing Party shall have the right to case 
        or line each satellite hole, provided that:
                  (i) sensing elements and cables and 
                transducers can be installed as specified in 
                subparagraph (e) of this paragraph;
                  (ii) casing or lining material in each 
                hydrodynamic measurement zone is agreed upon by 
                the Parties; and
                  (iii) casing or lining in each hydrodynamic 
                measurement zone is affixed to the surrounding 
                formation with material agreed upon by the 
                Parties.
    7. In preparation for the use of the hydrodynamic yield 
measurement method with respect to any explosion having a 
planned yield exceeding 50 kilotons and characteristics 
differing from those set forth in paragraph 2 or 3 of this 
Section with respect to a test of standard configuration:
          (a) upon their arrival at the test site, no less than 
        10 days prior to the planned date of the beginning of 
        emplacement of sensing elements and cables and 
        transducers, Designated Personnel shall provide the 
        Testing Party with a description of the recording 
        format and the computer program, to enable the Testing 
        Party to read digital data if digital recordings of 
        hydrodynamic data will be made by Designated Personnel;
          (b) the Testing Party shall provide Designated 
        Personnel upon their arrival at the test site with the 
        results of any studies of core samples and rock 
        fragments extracted from each emplacement hole and 
        satellite hole and any exploratory holes and tunnels, 
        and the results of logging and geodetic measurements 
        carried out in each emplacement hole, each satellite 
        hole, and any exploratory holes and tunnels, relevant 
        to the geology and geophysics of each hydrodynamic 
        measurement zone, if the Testing Party carried out such 
        studies and measurements;
          (c) using their own equipment and under observation 
        of personnel of the Testing Party, Designated Personnel 
        shall have the right to carry out:
                  (i) if an emplacement hole is vertical, in 
                the emplacement hole and each associated 
                satellite hole, caliper logs, directional 
                surveys, geodetic measurements, and depth or 
                distance measurements to determine the 
                dimensions and the relative locations of the 
                emplacement hole and each satellite hole, as 
                well as measurements to determine the location 
                and volume of all voids within each 
                hydrodynamic measurement zone, using, in a non-
                destructive way, such methods as 
                electromagnetic measurements, radar, and 
                acoustic sounding;
                  (ii) if an emplacement hole is vertical, 
                within the hydrodynamic measurement zones of 
                the emplacement hole and each associated 
                satellite hole, gamma-gamma, gamma, neutron, 
                electrical resistivity, magnetic 
                susceptibility, gravity, acoustic, and 
                television logging;
                  (iii) if an emplacement hole is horizontal, 
                in the emplacement hole and each associated 
                satellite hole, as well as in the drilled holes 
                specified in subparagraph (e)(ii) of this 
                paragraph, caliper logs, directional surveys, 
                geodetic measurements, and distance 
                measurements to determine the dimensions and 
                relative location of these holes, as well as 
                measurements to determine the location and 
                volume of all voids in each hydrodynamic 
                measurement zone using, in a non-destructive 
                way, such methods as electromagnetic 
                measurements, radar, and acoustic sounding;
                  (iv) if an emplacement hole is horizontal, in 
                the drilled holes specified in subparagraph 
                (e)(ii) of this paragraph, and within the 
                hydrodynamic measurement zones of the 
                emplacement hole and each associated satellite 
                hole, gamma-gamma, gamma, neutron, electrical 
                resistivity, magnetic susceptibility, gravity, 
                and acoustic logging; and
                  (v) magnetic surveys, in vertical satellite 
                holes and drilled horizontal satellite holes, 
                to obtain information necessary for the 
                installation and positioning of transducers;
          (d) all logging data and geometrical measurements 
        obtained by Designated Personnel, in accordance with 
        subparagraph (c) of this paragraph, including 
        calibration data, shall be duplicated, and a copy of 
        the data shall be provided to personnel of the Testing 
        Party prior to departure from the test site of 
        Designated Personnel who have carried out these 
        measurements. Calibration data shall include 
        information necessary to confirm the sensitivity of 
        logging equipment under the conditions in which it is 
        used;
          (e) Designated Personnel shall have the right to 
        receive:
                  (i) if an emplacement hole is vertical, core 
                sample or, at the option of Designated 
                Personnel, rock fragments from the emplacement 
                hole and from each satellite hole, extracted at 
                no more than 10 depths within each hydrodynamic 
                measurement zone, specified by Designated 
                Personnel. The total volume of core samples or 
                rock fragments extracted at each depth shall be 
                no less than 400 cubic centimeters and no more 
                than 3000 cubic centimeters, unless the Parties 
                otherwise agree; and
                  (ii) if an emplacement hole is horizontal, 
                core samples or, at the option of Designated 
                Personnel, rock fragments from the emplacement 
                hole and each satellite hole within each 
                hydrodynamic measurement zone. If core samples 
                are extracted from the emplacement hole or an 
                excavated satellite hole, they shall be 
                extracted during drilling from each of no more 
                than 10 holes drilled at stations specified by 
                Designated Personnel. The diameter of each 
                drilled hole shall be no less than 0.09 meters 
                and no more than 0.15 meters, and the depth of 
                each hole shall be no more than the diameter of 
                the emplacement hole or satellite hole at this 
                station. Core samples shall be extracted at 
                locations specified by Designated Personnel 
                along each drilled hole. If core samples are 
                extracted form a drilled satellite hole, they 
                shall be extracted by personnel of the Testing 
                Party during the drilling of the satellite 
                hole, within each hydrodynamic measurement 
                zone, at no more than 10 stations specified by 
                Designated Personnel and under their 
                observation. Rock fragments shall be extracted 
                from the emplacement hole or an excavated 
                satellite hole at each of no more than 10 
                stations specified by Designated Personnel. 
                Core samples and rock fragments may be taken 
                from no more than a total of 10 stations for 
                each hole. If an emplacement hole or an 
                excavated satellite hole is lined at any 
                station specified by Designated Personnel for 
                extracting core samples or rock fragments, 
                personnel of the Testing Party shall enable 
                Designated Personnel to extract core samples or 
                rock fragments at such a station from native 
                rock. The total volume of core samples or rock 
                fragments extracted at each station shall be no 
                less than 400 cubic centimeters, unless the 
                Parties otherwise agree;
          (f) core samples or rock fragments may be extracted 
        in accordance with subparagraph (e) of this paragraph 
        by personnel of the Testing Party, under observation of 
        Designated Personnel, or by Designated Personnel, at 
        the option of the Testing Party;
          (g) if personnel of the Testing Party do not extract 
        core samples or rock fragments in accordance with 
        subparagraph (e) of this paragraph, Designated 
        Personnel shall have the right, using their own 
        equipment, to extract such core samples or rock 
        fragments in accordance with subparagraph (e) of this 
        paragraph, under observation of personnel of the 
        Testing Party;
          (h) if an emplacement hole is vertical, and if the 
        Testing Party, prior to arrival of Designated Personnel 
        at the test site, has cased a total of 20 meters or 
        more of the emplacement hole or any satellite hole 
        within any hydrodynamic measurement zone, and if within 
        22 meters from this cased hole there is no uncased hole 
        with a diameter no less than 0.3 meters, the Testing 
        Party shall provide an uncased hole for each hole so 
        cased, with respect to which the Verifying Party shall 
        have the same rights as those specified in 
        subparagraphs (c), (e), (f), and (g) of this paragraph. 
        Within each hydrodynamic measurement zone the axis of 
        each uncased hole shall be no less than 11 and no more 
        than 22 meters from such a cased hole. If personnel of 
        the Testing Party, under observation of Designated 
        Personnel, extract core samples through coring during 
        the drilling of this uncased hole, the diameter of the 
        hole shall be no less than 0.09 meters. If Designated 
        Personnel, under observation of personnel of the 
        Testing Party, extract core samples from this uncased 
        hole following drilling, the diameter of the uncased 
        hole shall be no less than 0.3 meters;
          (i) Designated Personnel shall have the right to 
        retain core samples and rock fragments specified in 
        subparagraphs (c), (e), (f), (g), and (h) of this 
        paragraph. Any such core samples or rock fragments 
        shall be prepared in accordance with procedures agreed 
        upon by the Parties for shipment to the territory of 
        the Verifying Party; and
          (j) logging, directional surveys, magnetic surveys, 
        geodetic measurements, and extracting of core samples 
        or rock fragments carried out in accordance with 
        subparagraphs (e), (f), (g), (h), and (i) of this 
        paragraph shall begin at times chosen by the Testing 
        Party and specified in the coordinated schedule. 
        Designated Personnel shall have the right, within a 
        period not to exceed 25 days, to carry out logging, 
        directional surveys, magnetic surveys, geodetic 
        measurements, and coring activities, unless the Parties 
        otherwise agree and so specify in the coordinated 
        schedule. The Testing Party shall not emplace any 
        explosive until the activities specified in this 
        paragraph have been completed.
    8. If the Verifying Party has notified the Testing Party 
that it intends to use the hydrodynamic yield measurement 
method with respect to a test of non-standard configuration 
having a planned yield exceeding 50 kilotons, and that it 
requires a reference test in accordance with paragraph 7 of 
Section III of this Protocol, the Testing Party shall provide 
for such a reference test for the non-standard test. To serve 
as a reference test, a test shall:
          (a) have a planned yield exceeding 50 kilotons;
          (b) be of standard configuration;
          (c) have a single explosive canister;
          (d) meet the following spacing criteria:
                  (i) the horizontal separation between the 
                emplacement point of the reference test and 
                each emplacement point of the non-standard test 
                at which any explosive canister or its 
                emplacement conditions differ from those 
                specified for a test of standard configuration 
                shall be no less than 300 meters and no more 
                than 2000 meters.
                  (ii) each explosive canister of the test of 
                non-standard configuration and the explosive 
                canister of the associated reference test shall 
                all be emplaced above the water table or shall 
                all be emplaced below the water table; and
                  (iii) the depth of all emplacement points of 
                the test of non-standard configuration shall be 
                within 150 meters of the depth of the 
                emplacement point of its associated reference 
                tests; and
          (e) be conducted either prior to, or within 12 months 
        following, the conduct of the test of non-standard 
        configuration for which it serves as a reference test.
    9. Designated Personnel shall have the right:
          (a) to have access along agreed routes to the 
        location of the test to carry out activities related to 
        use of the hydrodynamic yield measurement method;
          (b) to have access to their equipment associated with 
        the hydrodynamic yield measurement method from the time 
        of its delivery to Designated Personnel at the test 
        site, until it is transferred to personnel of the 
        Testing Party in accordance with paragraph 7(i) of 
        Section VIII of this Protocol, unless otherwise 
        provided in this Protocol;
          (c) with respect to a test of standard configuration, 
        as well as with respect to any explosion having a 
        planned yield of 50 kilotons or less:
                  (i) if an emplacement hole is vertical, prior 
                to the lowering of the explosive canister into 
                the emplacement hole, to confirm by direct 
                measurement the external dimensions of each 
                explosive canister; to inspect visually the 
                entire structure of that canister and the choke 
                section; to confirm by direct measurement that 
                the choke section conforms to the 
                specifications set forth in paragraph 2(c) of 
                this Section; to observe continuously the 
                explosive canister and any choke section from 
                the time inspections and measurements, carried 
                out in accordance with this subparagraph, 
                begin; to observe the emplacement of the 
                explosive canister into the emplacement hole 
                and stemming of the emplacement hole from the 
                time the entire explosive canister is last 
                visible above the entrance of the emplacement 
                hole until completion of stemming of each 
                hydrodynamic measurement zone of the 
                emplacement hole; to determine by direct 
                measurement the depth of emplacement of the 
                bottom part of any choke section; and to 
                observe the stemming of the entire satellite 
                hole; and
                  (ii) if an emplacement hole is horizontal, 
                following placement of explosive canisters in 
                the emplacement hole, and prior to the 
                beginning of stemming around explosive 
                canisters, to confirm by direct measurement the 
                external dimensions of each explosive canister; 
                to inspect visually the entire external 
                structure of each explosive canister; to 
                confirm by direct measurement that each choke 
                section confirms to the specifications set 
                forth in paragraph 3(e) of this Section; to 
                observe continuously each explosive canister 
                and each choke section from the time 
                inspections and measurements, carried out in 
                accordance with this subparagraph, begin, until 
                the completion of stemming around each 
                explosive canister and choke section, or, at 
                the option of the Testing Party, until the 
                explosive canister and choke section are fixed 
                in place with solidified stemming material, in 
                which case, after a period of no more than 24 
                hours for placement of explosives, to observe 
                the explosive canister, the choke section, and 
                the completion of stemming around each 
                explosive canister and choke section; and to 
                observe the stemming of each hydrodynamic 
                measurement zone of the emplacement hole, the 
                stemming of any access or bypass drifts, the 
                stemming of any voids in each hydrodynamic 
                measurement zone connected to the emplacement 
                hole; and to observe the entire stemming of 
                each associated satellite hole;
          (d) with respect to any explosion having a planned 
        yield exceeding 50 kilotons and characteristics 
        differing from those set forth in paragraph 2 or 3 of 
        this Section with respect to a test of standard 
        configuration:
                  (i) if an emplacement hole is vertical, prior 
                to the lowering of an explosive canister into 
                the emplacement hole, to confirm by direct 
                measurement the external dimensions of each 
                explosive canister; to inspect visually the 
                external structure of each canister and each 
                choke section; to confirm by direct measurement 
                that each choke section conforms to any 
                specifications provided by the Testing Party in 
                accordance with paragraph 10(c)(iii) of Section 
                XI of this Protocol; to observe continuously 
                each explosive canister and each choke section 
                from the time inspections and measurements, 
                carried out in accordance with this 
                subparagraphs, begin; to observe the 
                emplacement of each explosive canister into the 
                emplacement hole and the stemming of the 
                emplacement hole from the time an entire 
                explosive canister is last visible above the 
                entrance of the emplacement hole until 
                completion of stemming of each hydrodynamic 
                measurement zone of the emplacement hole; to 
                determine by direct measurement the depth of 
                emplacement of the upper surface of each 
                explosive canister; and to observe the entire 
                stemming of each associated satellite hole;
                  (ii) if an emplacement hole is horizontal, 
                following placement of all explosive canisters 
                in the emplacement hole and prior to the 
                beginning of stemming around the explosive 
                canisters to confirm by direct measurement the 
                external dimensions of each explosive canister; 
                to inspect visually the entire external 
                structure of each explosive canister; to 
                confirm by direct measurement that each choke 
                section conforms to any specifications provided 
                by the Testing Party in accordance with 
                paragraph 10(c)(iii) of Section XI of this 
                Protocol; to observe continuously each 
                explosive canister and each choke section from 
                the time inspections and measurements, carried 
                out in accordance with this subparagraph, 
                begin, until the completion of stemming around 
                each explosive canister and choke section, or, 
                at the option of the Testing Party, until the 
                explosive canister and choke section are fixed 
                in place with solidified stemming material, in 
                which case, after a period of no more than 24 
                hours for placement of explosives, to observe 
                the explosive canister, the choke section, and 
                the completion of stemming around each 
                explosive canister and choke section; and to 
                observe the stemming of each hydrodynamic 
                measurement zone of the emplacement hole, 
                except those voids and any access or bypass 
                drifts designated by the Testing Party to 
                remain unstemmed in accordance with paragraph 
                10(c) of Section XI of this Protocol; and to 
                observe the entire stemming of each associated 
                satellite hole; and
                  (iii) if a test is conducted in a cavity, to 
                measure the shape and volume of the cavity 
                after excavation and once again immediately 
                prior to placement of explosive canisters with 
                explosives or placement of explosives into 
                canisters. After placement of explosive 
                canisters with explosives or placement of 
                explosives into explosive canisters, Designated 
                Personnel shall have the right to observe 
                explosive canisters and to observe the stemming 
                of each hydrodynamic measurement zone of the 
                emplacement hole and any access or bypass 
                drifts, and of any voids connected to the 
                emplacement hole, within hydrodynamic 
                measurement zone, except those voids and any 
                access or bypass drifts designated by the 
                Testing Party to remain unstemmed, in 
                accordance with paragraph 10(c) of Section XI 
                of this Protocol; and to observe the entire 
                stemming of each associated satellite hole;
          (e) with respect to a test of standard configuration, 
        as well as with respect to any explosion having a 
        planned yield of 50 kilotons or less:
                  (i) if an emplacement hole is vertical, to 
                unobstructed visual observation of the entrance 
                to the emplacement hole and associated 
                satellite hole from completion of stemming of 
                the satellite hole and of the hydrodynamic 
                measurement zones of the emplacement hole until 
                departure of all personnel from the test 
                location prior to the test; and
                  (ii) if an emplacement hole is horizontal, to 
                unobstructed visual observation of sensing 
                elements and cables and transducers until 
                completion of stemming of all associated 
                satellite holes, and of cables specified in 
                paragraph 3(b) of Section VIII of this Protocol 
                until completion of their installation in 
                protective cableways specified in paragraph 
                4(d) of this Section of the Protocol, as well 
                as the entrance to the emplacement hole and 
                associated satellite hole from completion of 
                stemming of all satellite holes and of the 
                hydrodynamic measurement zones of the 
                emplacement hole until departure of all 
                personnel from the test location prior to the 
                test;
          (f) with respect to any explosion having a planned 
        yield exceeding 50 kilotons and characteristics 
        differing from those set forth in paragraph 2 or 3 of 
        this Section with respect to a test of standard 
        configuration:
                  (i) if an emplacement hole is vertical, to 
                unobstructed visual observation of the entrance 
                to the emplacement hole and associated 
                satellite hole from completion of stemming of 
                all satellite holes and of the hydrodynamic 
                measurement zones of the emplacement hole until 
                departure of all personnel from the test 
                location prior to the test; and
                  (ii) if an emplacement hole is horizontal, to 
                unobstructed visual observation of sensing 
                elements and cables and transducers until 
                completion of stemming of all associated 
                satellite holes, and of cables specified in 
                paragraph 3(b) of Section VIII of this Protocol 
                until completion of their installation in 
                protective cableways specified in paragraph 
                6(c) of this Section of the Protocol, as well 
                as the entrance to the emplacement hole and 
                associated satellite hole from completion of 
                stemming of all satellite holes and of the 
                hydrodynamic measurement zones of the 
                emplacement hole until departure of all 
                personnel from the test location prior to the 
                test;
          (g) to monitor electrically the integrity and 
        performance of their equipment specified in paragraphs 
        3(a), 3(b), 3(c), 3(d), 3(e), 3(f), and 3(g) of Section 
        VIII of this Protocol and to observe continuously the 
        cables specified in paragraphs 3(f) and 3(g) of Section 
        VIII of this Protocol and the cableways in which they 
        are installed as specified in paragraphs 4(d) and 6(c) 
        of this Section, from the time emplacement of sensing 
        elements and cables and transducers begins until 
        departure of all personnel from the test location. 
        Following departure of personnel and until reentry of 
        personnel to the test location following the test, 
        Designated Personnel shall have the right to observe 
        remotely, by means of closed-circuit television, the 
        surface area containing their hydrodynamic yield 
        measurement equipment;
          (h) to monitor electrically the integrity and 
        performance of their equipment specified in paragraphs 
        3(a), 3(b), 3(c), 3(d), 3(f), and 3(g) of Section VIII 
        of this Protocol from the command and monitoring 
        facility specified in paragraph 3(e) of Section VIII of 
        this Protocol, from commencement of its use by 
        Designated Personnel until completion of the activities 
        specified in paragraphs 9(m) and 14(b) of this Section;
          (i) to transmit from the command and monitoring 
        facility to each hydroponic recording facility the 
        commands required for operation of that hydroponic 
        recording facility;
          (j) to use channels provided by the Testing Party 
        within its telemetry system for transmission of 
        information specified in subparagraphs (h), (i), (k), 
        and (l) of this paragraph, if such a system is used at 
        the test site of the Testing Party, or to use for these 
        purposes its own cables, specified in paragraph 3(g) of 
        Section VIII of this Protocol;
          (k) to carry out hydrodynamic yield measurements and 
        to record the hydrodynamic data;
          (l) to transmit the hydrodynamic yield measurement 
        data from each hydrodynamic recording facility to the 
        command and monitoring facility; and
          (m) to reenter the area containing each hydrodynamic 
        recording facility at the same time as personnel of the 
        Testing Party, and to have access, in accordance with 
        procedures agreed upon by the Parties and accompanied 
        by personnel of the Testing Party, to each hydrodynamic 
        recording facility, for the purposes of retrieving and 
        verifying the authenticity of recorded data and 
        assessing the performance of the equipment of the 
        Verifying Party during data recording and transmission.
    10. During the carrying out of hydrodynamic yield 
measurements:
          (a) the Representative of the Testing Party shall 
        notify, in writing, the Designated Personnel Team 
        Leader at the test site of the beginning of the period 
        of readiness and the planned time of the test, in 
        accordance with paragraph 13 of Section IV of this 
        Protocol;
          (b) the Testing Party shall produce an event 
        readiness signal in the interval from seven to 15 
        minutes prior to the planned time of the test, as 
        specified by the Verifying Party, with an accuracy of 
        plus or minus 100 milliseconds. The parameters for this 
        signal, produced by the Testing Party, and procedures 
        for its transmission shall be agreed upon by the 
        Parties;
          (c) Designated Personnel shall have the right to 
        generate, using the trigger conditioner devices 
        approved by the Parties, a timing reference signal 
        using an electromagnetic pulse from their sensing 
        elements and cables. This timing reference signal shall 
        be generated, transmitted, and used by Designated 
        Personnel without intervention by personnel of the 
        Testing Party. For each explosion in a test, the 
        trigger conditioner shall receive signals from one or 
        two hydrodynamic yield measurement cables;
          (d) Designated Personnel, under observation of 
        personnel of the Testing Party, shall have the right to 
        install the trigger conditioner devices. From the time 
        of installation of these devices until the time of the 
        test:
                  (i) Designated Personnel shall have the right 
                to test and monitor the operation of the 
                devices;
                  (ii) personnel of the Testing Party shall 
                have the right to monitor the operation of the 
                devices and to monitor and record the timing 
                reference signal; and
                  (iii) neither Designated Personnel nor 
                personnel of the Testing Party shall have 
                physical access to the devices, except under 
                observation of personnel of the other Party;
          (e) the Testing Party shall provide, at the request 
        of the Verifying Party, an electrical plus 
        corresponding to the nuclear explosion zero-time, with 
        an accuracy of plus or minus one microsecond, for each 
        explosion. The parameters for this signal and 
        procedures for its transmission and reception shall be 
        agreed upon by the Parties;
          (f) the Testing Party shall have exclusive control 
        over the generation of signals specified in 
        subparagraphs (b) and (e) of this paragraph;
          (g) Designated Personnel, under observation of 
        personnel of the Testing Party, shall install in each 
        cable from each satellite hole to a hydrodynamic 
        recording facility an anti-intrusiveness device for 
        interrupting the transmission, from the sensing 
        elements and cables and transducers to the hydrodynamic 
        recording facility of the Verifying Party, of any 
        signal unrelated to hydrodynamic yield measurements. 
        These devices shall be provided by the Testing Party 
        from among those approved by both Parties and shall not 
        interfere with the ability of Designated Personnel to 
        record data required for hydrodynamic yield 
        measurements of each explosion in a test. From the time 
        of installation of these devices until the final dry 
        run, personnel of each Party shall have the right to 
        test and monitor the operation of the devices and to 
        have physical access to them only under observation of 
        personnel of the other Party. Sole control over the 
        triggering of these devices shall be transferred to the 
        Testing Party at the time of departure of all personnel 
        from the test location prior to the test;
          (h) each hydrodynamic recording facility shall have 
        an independent grounding loop with an impedance no 
        greater than 10 ohms;
          (i) the shields of all cables associated with sensing 
        elements and cables and transducers of the Verifying 
        Party shall be grounded:
                  (i) at the input to each hydrodynamic 
                recording facility of the Verifying Party;
                  (ii) at the output of each anti-intrusiveness 
                device;
                  (iii) at the input of each trigger 
                conditioner device; and
                  (iv) in those cables associated with sensing 
                elements and cables in which no trigger 
                conditioner device is installed, at the input 
                of the anti-intrusiveness device;
          (j) grounding of each hydrodynamic recording 
        facility, as well as grounding of cables associated 
        with the sensing elements and cables and transducers of 
        the Verifying Party, shall be carried out by Designated 
        Personnel under observation of personnel of the Testing 
        Party. The grounding system of each hydrodynamic 
        recording facility, as well as of cables associated 
        with the sensing elements and cables and transducers 
        shall be under the joint control of the Parties;
          (k) Designated Personnel shall have the right to 
        install, under observation of personnel of the Testing 
        Party, an isolation transformer at the input of each 
        anti-intrusiveness device or trigger conditioner 
        device. From the time of installation of these devices 
        until the time of the test, neither Designated 
        Personnel nor personnel of the Testing Party shall have 
        physical access to these devices, except under 
        observation of personnel of the other Party;
          (l) The Testing Party shall have the right to 
        install, at a distance of no less than 50 meters from 
        each hydrodynamic recording facility, a facility 
        containing instrumentation for monitoring and recording 
        the timing reference signal, for controlling and 
        monitoring the operation of the anti-intrusiveness 
        devices, and for the transmission of control and 
        trigger signals. Signals between the instrumentation 
        facility of the Testing Party and each hydrodynamic 
        recording facility shall be transmitted over fiber 
        optic cables. The Testing Party shall provide for the 
        installation, in each hydrodynamic recording facility, 
        of terminal devices for converting optical signals into 
        electrical signals produced in accordance with 
        subparagraphs (b) and (e) of this paragraph, and for 
        monitoring the interval of interruption and for 
        monitoring the power supply of the anti-intrusiveness 
        device, in accordance with subparagraph (g) of this 
        paragraph. The Verifying Party shall provide for the 
        installation in the facility of the Testing Party of a 
        terminal device for converting an optical signal into 
        an electrical time referencing signal provided in 
        accordance with subparagraph (d)(ii) of this paragraph. 
        These provided devices shall be installed under 
        observation of personnel of both Parties and sealed by 
        the Party providing the device. The instrumentation 
        facilities specified in this subparagraph shall be 
        under the exclusive control of the Testing Party; and
          (m) upon arrival at the test site, Designated 
        Personnel shall provide the Testing Party with a copy 
        of the block diagram of the equipment configuration for 
        hydrodynamic yield measurements for the test together 
        with notification of any changes from the block diagram 
        approved during the familiarization process provided in 
        paragraph 6(d)(i) of Section VIII of this Protocol. No 
        less that two days prior to the final dry run, 
        Designated Personnel shall notify the Testing Party, in 
        writing, of any additional changes in this block 
        diagram. In the event of any changes in the block 
        diagram, the Testing Party shall have the right, within 
        one day following such notification, to disapprove any 
        changes it finds inconsistent with its non-
        intrusiveness, containment, safety, or security 
        requirements. Such disapproval shall be provided, in 
        writing, to the Designated Personnel Team Leader, 
        stating the specific reasons for disapproval. Any 
        changes not disapproved shall be deemed accepted. If a 
        change is disapproved, Designated Personnel shall 
        configure the equipment in accordance with the block 
        diagram previously approved in accordance with 
        paragraph 6(d)(i) of Section VIII of this Protocol, 
        unless the Testing Party otherwise agrees.
    11. Personnel of the Testing Party shall have the right to 
observe used of equipment by Designated Personnel at the test 
site, with access to each hydrodynamic recording facility and 
the command and monitoring facility of the Verifying Party 
subject to the following:
          (a) at any time prior to the test that Designated 
        Personnel are not present in these facilities, these 
        facilities shall be sealed by the seals of both 
        Parties. Seals shall be removed only under observation 
        of personnel of both Parties;
          (b) prior to the test, except for periods specified 
        in subparagraphs (c) and (d) of this paragraph, 
        personnel of the Testing Party may enter these 
        facilities only with the agreement of the Designated 
        Personnel Team Leader and when accompanied by the Team 
        Leader or his designated representative;
          (c) for the period of two hours prior to the final 
        dry run, and for the period of two hours prior to the 
        time fixed for withdrawal of all personnel to the area 
        designated for occupation during the test, personnel of 
        the Testing Party, not to exceed two, shall have the 
        right to join Designated Personnel in each hydrodynamic 
        recording facility, to observe final preparations of 
        the equipment and to confirm the agreed configuration 
        of that equipment. All personnel shall leave the 
        facility together; and
          (d) for a period beginning two hours prior to a test 
        and ending upon completion of the activities specified 
        in paragraphs 9(m) and 14(b) of this Section, personnel 
        of the Testing Party, not to exceed two, shall have the 
        right to join Designated Personnel in the command and 
        monitoring of the recording equipment and acquisition 
        and duplication of data, and to receive a copy of these 
        data.
    12. Designated Personnel shall have the right to obtain 
photographs taken by personnel of the Testing Party using 
photographic cameras of the Testing Party or, at the option of 
the Testing Party, photographic cameras provided by the 
Verifying Party. These photographs shall be taken under the 
following conditions:
          (a) the Testing Party shall identify those of its 
        personnel who will take photographs;
          (b) photographs shall be taken at the request and 
        under observation of Designated Personnel. If requested 
        by Designated Personnel, such photographs shall show 
        the size of an object by placing a measuring scale, 
        provided by Designated Personnel, alongside that object 
        during the photographing;
          (c) Designated Personnel shall determine whether 
        photographs conform to those requested, and if not, 
        repeat photographs shall be taken; and
          (d) before completion of any photographed operation 
        related to emplacement, and prior to the time at which 
        an object that is being photographed becomes 
        permanently hidden from view, Designated Personnel 
        shall determine whether requested photographs are 
        adequate. If they are not adequate, before the 
        operation shall proceed additional photographs shall be 
        taken until the Designated Personnel determine that the 
        photographs of that operation are adequate. This 
        photographic process shall be undertaken as 
        expeditiously as possible, and in no case shall the 
        cumulative delay resulting from this process exceed two 
        hours for each of the operations specified in 
        paragraphs 13(a), 13(b), 13(d), 13(e), and 13(f) of 
        this Section, unless the Parties otherwise agree, 
        except that stemming shall not be interrupted as a 
        result of the photographic process.
    13. Designated Personnel shall have the right to obtain 
photographs, taken in accordance with paragraph 12 of this 
Section, of the following:
          (a) the emplacement and installation of equipment 
        associated with the hydrodynamic yield measurement 
        method, including all sensing elements and cables and 
        transducers and their connections, each hydrodynamic 
        recording facility, the command and monitoring 
        facility, anti-intrusiveness devices, and trigger 
        conditioner devices;
          (b) the stemming of all satellite holes;
          (c) all choke sections and the exterior of each 
        explosive canister;
          (d) if an emplacement hole is vertical, the 
        emplacement of each explosive canister and the stemming 
        of the hydrodynamic measurement zones of the 
        emplacement hole;
          (e) if an emplacement hole is horizontal, the 
        interior of the emplacement hole within 20 meters of 
        the emplacement point of each installed explosive 
        canister and the stemming of each hydrodynamic 
        measurement zones of the emplacement hole;
          (f) core samples and rock fragments obtained in 
        accordance with paragraphs 5(e), 5(f), 5(g), 5(h), 
        7(e), 7(f), 7(g), and 7(h) of this Section, the 
        equipment and activities associated with extracting 
        such samples, as well as the interior of the 
        emplacement hole, if an emplacement hole is horizontal, 
        at the stations where core samples or rock fragments 
        were extracted; and
          (g) with the agreement of the Testing Party, other 
        activities of Designated Personnel directly related to 
        the use of the hydrodynamic yield measurement method.
    14. The following procedures shall apply to the recovery 
and transfer of data:
          (a) no later than the final dry run, Designated 
        Personnel shall inform personnel of the Testing Party 
        of the procedures for recovering and verifying the 
        authenticity of data and shall advise personnel of the 
        Testing Party, at the time of data recovery, of any 
        changes Designated Personnel make in those procedures 
        and the reasons for such changes;
          (b) following the test, Designated Personnel, in the 
        presence of personnel of the Testing Party, shall enter 
        the hydrodynamic recording facility and recover all 
        recordings of data taken at the time of the test. 
        Designated Personnel shall prepare two identical copies 
        of such data. Personnel of the Testing Party shall 
        select one of the two identical copies. Designated 
        Personnel shall retain the other copy, but no other 
        such data; and
          (c) following the completion of the activities 
        specified in paragraph 9(m) of this Section and 
        subparagraph (b) of this paragraph, Designated 
        Personnel shall leave the hydrodynamic recording 
        facility and the command and monitoring facility at the 
        same time as personnel of the Testing Party. Designated 
        Personnel shall have no further access to their 
        hydrodynamic recording facility, command and monitoring 
        facility, or equipment until these are returned to the 
        Verifying Party in accordance with paragraph 7(i)(ii) 
        of Section VIII of this Protocol, unless the Parties 
        otherwise agree, in which case access by Designated 
        Personnel to their facilities and equipment shall be 
        under observation of personnel of the Testing Party.
    15. Designated Personnel shall not be present in areas from 
which all personnel of the Testing Party have been withdrawn in 
connection with the test, but shall have the right to reenter 
those areas, as provided in this Protocol, at the same time as 
personnel of the Testing Party.
    16. All hydrodynamic yield measurement activities shall be 
carried out in accordance with the coordinated schedule. 
Designated Personnel who will carry out the activities 
specified in this Section and in paragraph 7(e) of Section VIII 
of this Protocol shall arrive at the test site in accordance 
with the coordinated schedule, but no less than three days 
prior to the date specified by the Testing Party for the 
beginning of these activities.
    17. The number of Designated Personnel carrying out 
hydrodynamic yield measurements with respect to a test of 
standard configuration conducted in a single emplacement hole, 
without regard to the number of ends of that emplacement hole, 
as these are specified in paragraph 3(b) of this Section, shall 
not exceed, at any time, 35 individuals, and the number of 
Designated Personnel, at any time, carrying out hydrodynamic 
yield measurements with respect to a test of non-standard 
configuration or a test conducted in more than one emplacement 
hole shall not exceed, at any time, 45 individuals, unless the 
Parties otherwise agree. Within these totals, the coordinated 
schedule shall be developed so as to ensure that the number of 
Designated Personnel for carrying out hydrodynamic yield 
measurements with respect to a specified test shall not exceed:
          (a) if a test is of standard configuration, for 
        carrying out activities related to hydrodynamic yield 
        measurements, other than activities specified in 
        paragraphs 5(j) of this Section, 26 individuals and, 
        for carrying out activities specified in paragraph 5(j) 
        of this Section:
                  (i) if an emplacement hole is vertical, 18 
                individuals; or
                  (ii) if an emplacement hole is horizontal, 22 
                individuals; or
          (b) if a test is of non-standard configuration or is 
        conducted in more than one emplacement hole, for 
        carrying out activities related to hydrodynamic yield 
        measurements other than activities specified in 
        paragraph 5(j) or 7(j) of this Section, 35 individuals 
        and, for carrying out activities specified in paragraph 
        5(j) or 7(j) of this Section, 26 individuals; and
          (c) Designated Personnel shall include at least two 
        individuals fluent in the language of the Party.

              SECTION VI. SEISMIC YIELD MEASUREMENT METHOD

    1. For the purposes of the use of the seismic yield 
measurement method, the Verifying Party shall have the right to 
carry out independent measurements at three Designated Seismic 
Stations in the territory of the Testing Party, in accordance 
with this Section. Designated Seismic Stations of each Party 
shall meet the following criteria:
          (a) be located within its continental territory;
          (b) each shall have an Lg-wave signal-to-noise ration 
        not less than nine for any test in its territory having 
        a yield of 150 kilotons. The signal-to-noise ratio 
        shall be defined as one-half of the maximum peak 
        amplitude of the Lg-wave signal divided by the root-
        mean-square value of the seismic noise in the recording 
        segment immediately preceding the arrival of the P-wave 
        signal and having a duration of no less than one 
        minute. The signals and the noise shall be measured on 
        a vertical component of the recording in the frequency 
        range typical of Lg-waves recorded at the Designated 
        Seismic Station;
          (c) ensure wide azimuthal coverage of each of its 
        test sites, insofar as permitted by their geographic 
        location; and
          (d) be chosen from those existing seismic stations 
        that provide earthquake and other seismic event data, 
        including tests, to archives in the territory of the 
        Testing Party, accessible to the Verifying Party.
    2. The United States of America designates the following 
three seismic stations as meeting the criteria specified in 
paragraph 1 of this Section: Tulsa, Oklahoma (TUL) (35+55N; 
095+48W); Black Hills, South Dakota (RSSD) (44+07N; 
104+02W); and Newport Washington, (NEW) 48+16N); 117+07W).
    3. The Union of Soviet Socialist Republics designates the 
following three seismic stations as meeting the criteria 
specified in paragraph 1 of this Section: Arti (ARU) (56+26N; 
058+34E); Novosibirsk (NVS) (54+51N; 083+16E); and Obninsk 
(OBN) (55+07N; 036+34E).
    4. Upon entry into force of the Treaty each Party shall 
provide the other Party with the following information on each 
of its Designated Seismic Stations:
          (a) a site diagram of the station showing the areas 
        assigned for use by Designated Personnel;
          (b) elevation above mean sea level to the nearest 10 
        meters; and
          (c) types of rock on which it is located.
    5. The Testing Party shall have the right to replace one or 
more of its Designated Seismic Stations, provided:
          (a) the new Designated Seismic Station meets all the 
        criteria specified in paragraph 1 of this Section;
          (b) notification of the decision of the Testing Party 
        to select a new Designated Seismic Station, together 
        with the station name and its reference code, the 
        station coordinates to the nearest one minute of 
        geographic latitude and longitude, and the information 
        and site diagram for the new station specified in 
        paragraph 4 of this Section, is provided to the 
        Verifying Party no less than 90 days prior to the 
        planned date of any test with respect to which the 
        Verifying Party has notified the Testing Party that it 
        intends to use the seismic yield measurement method and 
        for which this Designated Seismic Station would be 
        used; and
          (c) seismic data, for the period from entry into 
        force of the Treaty until the new designated Seismic 
        Station, are placed in archives in the territory of the 
        Testing Party, accessible to the Verifying Party. If a 
        Designated Seismic Station is replaced within the first 
        four years of operation of the new Designated Seismic 
        Station shall be placed in archives in the territory of 
        the Testing Party, accessible to the Verifying Party.
    6. If any Designated Seismic Station does not meet the 
criteria specified in paragraph 1 of this Section, the 
Verifying Party shall have the right to request its replacement 
with another Designated Seismic Station that meets such 
criteria. Any request by the Verifying Party for replacement 
shall state the reasons this Designated Seismic Station does 
not meet the criteria specified in paragraph 1 of this Section, 
and shall be transmitted to the Testing Party through the 
Nuclear Risk Reduction Centers. If the Parties are unable to 
resolve the issue of replacement of a Designated Seismic 
Station, it shall immediately be referred to the Bilateral 
Consultative Commission in accordance with paragraph 1( ) of 
Section XI of this Protocol for resolution.
    7. The Testing Party shall bear the costs of replacing any 
Designated Seismic Station in its territory, including any 
costs of eliminating the previous Designated Seismic Station 
and the costs of preparing a new Designated Seismic Station in 
accordance with paragraph 6 of this Section.
    8. If requested by the Verifying Party, the Testing Party 
shall provide, according to agreed technical specifications, at 
each Designated Station for the exclusive use of Designated 
Personnel:
          (a) a surface vault and pier for installation of 
        seismic sensors, to be located not less than 100 meters 
        and not more than 200 meters from the seismometers of 
        the Testing Party, unless the Parties otherwise agree;
          (b) a borehole for installation of seismic senders, 
        to be located not less than 100 meters and not more 
        than 200 hundred meters from the seismometers of the 
        Verifying Party, unless the Parties otherwise agree;
          (c) a working facility with an area not less than 20 
        square meters, for the installation and operation of 
        equipment by Designated Personnel and situated not less 
        than 75 meters and not more than 125 meters from the 
        seismometers of the Verifying Party, unless the Parties 
        otherwise agree;
          (d) a covered cableway that will allow Designated 
        Personnel to connect devices in the facilities 
        specified in subparagraphs (a), (b), and (c) of this 
        paragraph;
           (e) a facility for the storage of shipping 
        containers and spare parts for the use of Designated 
        Personnel while carrying out their activities at the 
        Designated Seismic Stations; and
          (f) electrical power from its standard electrical 
        network through converters provided by the Verifying 
        Party or, by agreement of the Parties, by the Testing 
        Party.
    9. At each Designated Seismic Station, personnel of the 
Testing Party shall:
          (a) have the right to observe the installation and 
        calibration of equipment by Designated Personnel, but 
        at all other times they may be present only at the 
        invitation of the Designated Personnel Team Leader and 
        when accompanied by the Designated Personnel Team 
        Leader or his designated representative;
          (b) not to interfere with the activities of 
        Designated Personnel with regard to the installation, 
        calibration, adjustment, and operation of equipment; 
        and
          (c) provide assistance and logistical support to 
        Designated Personnel in accordance with paragraph 13 of 
        Section XI of this Protocol, and, by agreement of the 
        Parties, other assistance and logistical support 
        requested by Designated Personnel.
    10. In carrying out seismic measurements at the Designated 
Seismic Stations, Designated Personnel shall have the right to:
          (a) confirm that the agreed technical specifications 
        for the installation and operation of the equipment 
        have been met during the time periods specified in the 
        coordinated schedule;
          (b) have access to their equipment from the time of 
        the arrival of Designated Personnel at, and until their 
        departure from, each Designated Seismic Station, unless 
        otherwise provided in this Protocol;
          (c) install, calibrate, adjust, and continuously 
        operate their equipment;
          (d) record seismic signals and universal time signals 
        continuously from the time their equipment is installed 
        until two hours after the test, as well as process data 
        to monitor the quality of recorded data and retrieve 
        and copy all recorded data;
          (e) use their own electrical sources to supply 
        electrical power to their equipment specified in 
        paragraph 4 of Section VIII of this Protocol;
          (f) install and operated tamper-detection equipment 
        and observe the cableway and exterior of the facility 
        in which the seismic sensors are installed;
          (g) assess the integrity and performance of their 
        equipment and confirm that there has been no 
        interference with seismic measurements and the 
        recording of such measurements; and
          (h) lock and seal the facilities specified in 
        paragraphs 8(a), 8(b), 8(c), and 8(e) of this Section 
        with their own seals.
    11. The Representative of the Testing Party shall notify, 
in writing and referenced to Universal Time Coordinated, the 
Designated Personnel Team Leader at each Designated Seismic 
Station of the beginning of the period of event readiness and 
the planned time of the test, to the nearest one second, in 
accordance with paragraph 13 of Section IV of this Protocol.
    12. At each Designated Seismic Station, Designated 
Personnel shall:
          (a) upon arrival, provide the Representative of the 
        Testing Party with a description of the recording 
        format and the computer program to enable the Testing 
        Party to read digital data, if digital recordings of 
        data are made;
          (b) prior to departure, provide the Representative of 
        the Testing Party with the following:
                  (i) a copy of all data recorded by all 
                equipment used by Designated Personnel, on the 
                same medium as that on which these data were 
                recorded;
                  (ii) a graphic representation on a paper 
                medium of the seismic data of the test for a 
                period of time beginning one minute prior to 
                the test and ending 30 minutes following the 
                test; and
                  (iii) the results of the calibration of all 
                seismic equipment, including the amplitude-
                frequency characteristics of the equipment used 
                to measure and record the seismic data; and
          (c) prior to their departure, prepare for inspection, 
        storage in accordance with conditions chosen by the 
        Testing Party, or shipment of their equipment.
    13. Designated Personnel shall have the right to acquire 
photographs of operations and activities related to seismic 
yield measurement at the Designated Seismic Stations. 
Photographs shall be taken by personnel of the Testing Party, 
using their own photographic cameras or, at the option of the 
Testing Party, by Designated Personnel using their own 
photographic cameras.
          (a) If the testing party takes photographs, the 
        following conditions shall be met:
                  (i) the Testing Party shall identify those of 
                its personnel who will take photographs;
                  (ii) photographs shall be taken at the 
                request and under observation of Designated 
                Personnel. If requested by Designated 
                Personnel, such photographs shall show the size 
                of an object being photographed by placing a 
                measuring scale, provided by Designed 
                Personnel, alongside that object during the 
                photographing; and
                  (iii) Designated Personnel shall determine 
                whether photographs that were taken conform to 
                those requested, and, if not, repeat 
                photographs shall be taken.
          (b) If Designated Personnel take photographs, the 
        following conditions shall be met:
                  (i) the Verifying Party shall identify those 
                of its Designated Personnel who will take 
                photographs; and
                  (ii) photographs shall be taken under 
                observation of personnel of the Testing Party, 
                unless otherwise agreed by the Parties.
    14. All activities of Designated Personnel at the 
Designated Seismic Stations shall be carried out in accordance 
with the coordinated schedule. Designated Personnel shall 
arrive at the Designated Seismic Stations in accordance with 
this schedule, but no less than 10 days prior to the planned 
date of the test. Designated Personnel shall depart the 
Designated Seismic Station within two days following the test.
    15. If the planned date of a test is postponed by more than 
10 days following receipt of the most recent notification, 
Designated Personnel shall have the right to leave the 
Designated Seismic Stations or, if requested by the 
Representative of the Testing Party, shall depart the 
Designated Seismic Stations for a mutually agreed location 
within the territory of the Testing Party or depart the 
territory of the Testing Party through the point of entry. If 
Designated Personnel leave the Designated Seismic Stations, 
they shall have the right to seal their equipment located at 
the stations. The seals shall not be broken except by 
Designated Personnel under observation of personnel of the 
Testing Party. Designated Personnel shall have the right to 
reoccupy the Designated Seismic Stations no less than 72 hours 
prior to the next planned time of the test.
    16. The number of Designated Personnel carrying out seismic 
measurements at each Designated Seismic Station shall not 
exceed five. At least one individual fluent in the language of 
the Testing Party shall be among Designated Personnel at each 
Designated Seismic Station.

                    SECTION VII. ON-SITE INSPECTION

    1. In carrying out on-site inspections, the Verifying Party 
shall have the right to confirm the validity of the geological, 
geophysical, and geometrical information provided in accordance 
with paragraphs 4 and 9 of Section IV of this Protocol, in 
accordance with the following procedures:
          (a) the Testing Party shall provide Designated 
        Personnel, upon their arrival at the test site, with 
        the result of any studies of core samples and rock 
        fragments extracted from each emplacement hole and any 
        exploratory holes and tunnels, and the results of 
        logging and geodetic measurements carried out in each 
        emplacement hole and any exploratory holes and tunnels, 
        relevant to the geology and geophysics of the 
        emplacement medium, if the Testing Party carried out 
        such studies and measurements;
          (b) using their own equipment and under observation 
        of personnel of the Testing Party, Designated Personnel 
        shall have the right to carry out:
                  (i) if an emplacement hole is vertical, in 
                the emplacement hole, from the end of the hole 
                to the entrance to the hole, gamma-gamma, 
                gamma, neutron, electrical resistivity, 
                magnetic susceptibility, gravity, acoustic, 
                television, and caliper logging, and 
                measurements of the depth and cross section of 
                the emplacement hole, as well as measurements 
                to determine the location and volume of voids, 
                using, in a non-destructive way, such methods 
                as electromagnetic measurements, radar, and 
                acoustic sounding; and
                  (ii) if an emplacement hole is horizontal, in 
                the holes specified in subparagraph (d)(ii) of 
                this paragraph, and in the emplacement hole in 
                the regions extending from each end of the 
                emplacement hole to a point located 300 meters 
                from the corresponding emplacement point in the 
                direction of the entrance to the emplacement 
                hole, gamma-gamma, gamma, neutron, electrical 
                resistivity, magnetic susceptibility, gravity, 
                acoustic, and caliper logging, and measurements 
                of the length and cross section of the 
                emplacement hole, as well as measurements to 
                determine the location and volume of voids, 
                using, in a non-destructive way, such methods 
                as electromagnetic measurements, radar, and 
                acoustic sounding;
          (c) all logging and geometrical measurement data 
        obtained by Designated Personnel in accordance with 
        subparagraph (b) of this paragraph, including 
        calibration data, shall be duplicated, and a copy of 
        these data shall be provided to personnel of the 
        Testing Party prior to the departure from the test site 
        of Designated Personnel who have carried out those 
        measurements. Calibration data shall include 
        information needed to confirm the sensitivity of 
        logging equipment under the conditions in which it is 
        used;
          (d) Designated Personnel shall have the right to 
        receive:
                  (i) if an emplacement hole is vertical, core 
                samples or rock fragments, at the option of 
                Designated Personnel, extracted from the 
                emplacement hole at 10 depths specified by 
                Designated Personnel, plus one additional depth 
                for every complete 50-meter distance between 
                the uppermost and lowest emplacement points. 
                The total volume of core samples or rock 
                fragments extracted at each of the specified 
                depths shall be no less than 400 cubic 
                centimeters and no more than 3,000 cubic 
                centimeters, unless the Parties otherwise 
                agree; and
                  (ii) if an emplacement hole is horizontal, 
                core samples or rock fragments, at the option 
                of Designated Personnel, from the emplacement 
                hole in the regions extending from each end of 
                the emplacement hole to a point located 300 
                meters from the corresponding emplacement point 
                in the direction of the entrance to the 
                emplacement hole. Core samples shall be 
                extracted during drilling form each of five 
                holes drilled at stations in the emplacement 
                hole, specified by Designated Personnel. These 
                five stations shall be separated from each 
                other by no less than 5 meters. At each station 
                the hole shall be drilled in a direction 
                specified by Designated Personnel, except that 
                at each station within 65 meters of each 
                emplacement point the Testing Party shall have 
                the right to exclude two 90-degree sectors 
                separated by a sector of 90 degrees. The 
                diameter of each drilled hole shall be no less 
                than 0.09 meters and no more than 0.15 meters, 
                and the depth of each hole shall be no more 
                than the diameter of the emplacement hole at 
                that station. Core samples shall be extracted 
                at locations specified by Designated Personnel 
                along the drilled hole. Rock fragments shall be 
                extracted from the walls of the emplacement 
                hole at five stations specified by Designated 
                Personnel. The total volume of core samples or 
                rock fragments extracted at each station shall 
                be no less than 400 cubic centimeters and no 
                more than 3,000 cubic centimeters, unless the 
                Parties otherwise agree.
          (e) core samples or rock fragments, at the option of 
        Designated Personnel, shall be extracted, in accordance 
        with subparagraph (d) of this paragraph, by personnel 
        of the Testing Party, under observation of Designated 
        Personnel, or by Designated Personnel, at the option of 
        the Testing Party;
          (f) if the Testing Party does not extract core 
        samples or rock fragments in accordance with 
        subparagraph (d) of this paragraph, Designated 
        Personnel shall have the right to do so, using their 
        own equipment and under observation of personnel of 
        Testing Party;
          (g) if, prior to arrival of Designated Personnel at 
        the test site, the Testing Party has cased more than a 
        total of 20 meters within any 100-meter segment of a 
        vertical emplacement hole in the region extending from 
        the end of the emplacement hole to a point 300 meters 
        from the planned emplacement point in the direction of 
        the entrance to the emplacement hole, the Testing Party 
        shall provide an uncased hole with respect to which the 
        Verifying Party shall have the same rights as those 
        specified for an emplacement hole in subparagraphs (b), 
        (d), (e), and (f) of this paragraph. This uncased hole 
        shall be located no more than 50 meters from the 
        emplacement hole and shall have a depth no less than 
        that of the emplacement hole. If personnel of the 
        Testing Party, under observation of Designated 
        Personnel, extract core samples through coring during 
        the drilling of this uncased hole, the diameter of this 
        hole shall be no less than 0.09 meters. If Designated 
        Personnel, under observation of personnel of the 
        Testing Party, extract core samples from this uncased 
        hole following drilling, the diameter of this uncased 
        hole shall be no less than 0.3 meters; and
          (h) Designated Personnel shall have the right to 
        retain core samples and rock fragments specified in 
        subparagraphs (d), (e), (f), and (g) of this paragraph. 
        Any such core samples or rock fragments shall be 
        prepared in accordance with the procedures agreed upon 
        by the Parties for shipment to the territory of the 
        Verifying Party.
    2. Designated Personnel shall have the right:
          (a) if an emplacement hole is vertical, to observe 
        the emplacement of each explosive canister into the 
        emplacement hole from the time the bottom of the 
        canister is last visible above the entrance of the 
        emplacement hole, and to determine by direct 
        measurement the depth of emplacement of the bottom of 
        the canister;
          (b) if an emplacement hole is horizontal, to 
        determine by direct measurement the location of each 
        explosive canister in the emplacement hole, and to 
        confirm the presence of at least 1 meters of stemming, 
        as specified in subparagraph (c)(ii) of this paragraph, 
        in any previously stemmed tunnel that had provided 
        access to an explosive canister, using, in a non-
        destructive way, such methods as electromagnetic 
        measurements, radar, and acoustic sounding;
          (c) to observe stemming of each emplacement hole:
                  (i) if an emplacement hole is vertical, until 
                a solid concrete plug no less than three meters 
                thick is installed above the explosive canister 
                closest to the entrance to the emplacement 
                hole; and
                  (ii) if an emplacement hole is horizontal, 
                until access to any explosive canister has been 
                prevented by installation of stemming material 
                for a distance no less than 10 meters, 
                including the installation of a solid concrete 
                plug no less than three meters thick;
          (d) to have access along agreed routes to the 
        location of the test to carry out activities related to 
        on-site inspection;
          (e) to have access to their equipment associated with 
        the carrying out of on-site inspection from the time of 
        its transfer to Designated Personnel at the test site, 
        until it is transferred to personnel of the Testing 
        Party in accordance with paragraph 9(g) of Section VIII 
        of this Protocol, unless otherwise provided in this 
        Protocol;
          (f) if an emplacement hole is vertical, to have 
        access, for the purpose of visual inspection of the 
        ground surface, to the area delineated by a circle 
        having a radius of 300 meters, centered on the entrance 
        to the emplacement hole; and
          (g) if an emplacement hole is horizontal, to have 
        access, for the purpose of visual inspection of the 
        ground surface, to the area delineated by a circle 
        having a radius of 300 meters, centered directly above 
        the emplacement point of each explosive canister.
    3. Designated Personnel shall have the right to obtain 
photographs associated with on-site inspection, which shall be 
taken in accordance with paragraph 12 of Section V of this 
Protocol, of the following:
          (a) if an emplacement hole is vertical, the 
        emplacement of each explosive canister and the stemming 
        of the emplacement hole specified in paragraph 2(c)(i) 
        of this Section;
          (b) if an emplacement hole is horizontal, the 
        interior of the emplacement hole within 20 meters of 
        the emplacement point of each explosive canister, and 
        the stemming of the emplacement hole specified in 
        paragraph 2(c)(ii) of this Section;
          (c) core samples and rock fragments, extracted in 
        accordance with paragraphs 1(d), 1(e), 1(f), and 1(g) 
        of this Section, the equipment and activities 
        associated with extracting such samples, as well as the 
        interior of the emplacement hole, if the emplacement 
        hole is horizontal, at the stations where core samples 
        and rock fragments were extracted; and
          (d) with the agreement of the Testing Party, other 
        activities of Designated Personnel directly related to 
        on-site inspection.
    4. In no case shall the cumulative delay resulting from the 
photographic process specified in paragraph 3 of this Section 
exceed two hours for each of the operations specified in 
paragraph 3 of this Section, unless the Parties otherwise 
agree, except that stemming shall not be interrupted as a 
result of the photographic process.
    5. All on-site inspection activities shall be carried out 
in accordance with the coordinated schedule. Designated 
Personnel shall have the right within a period not to exceed 15 
days, to carry out logging and coring activities specified in 
paragraph 1 of this Section, unless the Parties otherwise agree 
and so specify in the coordinated schedule. These activities 
shall be completed no less than one day prior to the beginning 
of emplacement of explosives. Upon completion of the activities 
specified in paragraph 1 of this Section, Designated Personnel 
shall depart the territory of the Testing Party, except that 
Designated Personnel who will also participate in the 
activities specified in paragraph 2 of this Section shall 
remain at the test site, if the Parties decide that this is 
required by the coordinated schedule. Otherwise, Designated 
Personnel shall depart the territory of the Testing Party or, 
if agreed by the Parties, they may depart to another point 
within the territory of the Testing Party. All Designated 
Personnel who will carry out the activities specified in 
paragraph 2 of this Section shall arrive at the test site in 
accordance with the coordinated schedule, but no less than 
three days prior to the date specified by the Testing Party for 
the beginning of these activities.
    6. The number of Designated Personnel carrying out the 
activities specified in paragraph 1 of this Section shall not 
exceed 23 at any time. The number of Designated Personnel 
carrying out activities specified in paragraphs 2(a), 2(b), and 
2(c) of this Section shall not exceed five at any time. At 
least one individual fluent in the language of the Testing 
Party shall be among Designated Personnel.

                        SECTION VIII. EQUIPMENT

    1. Designated Personnel, in carrying out activities related 
to verification in accordance with this Protocol, shall have 
the right to bring into the territory of the Testing Party, 
install, and use:
          (a) if the Verifying Party has provided notification 
        of its intent to use the hydrodynamic yield measurement 
        method, part or all of the equipment specified in 
        paragraph 3 of this Section;
          (b) if the Verifying Party has provided notification 
        of its intent to use the seismic yield measurement 
        method, part or all of the equipment specified in 
        paragraph 4 of this Section;
          (c) if the Verifying Party has provided notification 
        of its intent to carry out on-site inspection, part or 
        all of the equipment specified in paragraph 5 of this 
        Section;
          (d) maintenance and support equipment and spare parts 
        necessary for the installation and functioning of 
        equipment of the Verifying Party;
          (e) electrical power supplies, converters, and 
        associated cables;
          (f) photographic equipment, if the Testing Party does 
        not provide such equipment;
          (g) locks, seals, and equipment necessary for 
        installing seals of the Verifying Party and checking 
        their integrity;
          (h) medical and health physics equipment and 
        supplies, personal protective gear, recreational items, 
        and such other items as may be agreed upon by the 
        Parties;
          (i) office equipment and supplies, including, but not 
        limited to, copying and facsimile machines, and 
        personal computers;
          (j) closed-circuit television equipment for the 
        purpose of carrying out remote observation by 
        Designated Personnel, in accordance with paragraph 9(g) 
        of Section V of this Protocol, if the Testing Party 
        does not provide such equipment; and
          (k) satellite communications equipment, if the 
        Testing Party does not provide satellite communications 
        for Designated Personnel.
    2. During the first meeting of the Coordinating Group for a 
specific test, the Parties shall agree, within 15 days, upon 
such additional materials, temporary structures, and equipment 
as may be requested in writing by the Verifying Party and which 
shall be supplied by the Testing Party for use by Designated 
Personnel. Such additional materials, temporary structures, and 
equipment, with their descriptions and operating instructions, 
shall be provided to Designated Personnel in accordance with 
the coordinated schedule.
    3. The list of equipment for the purposes of the use of the 
hydrodynamic yield measurement methods in accordance with 
Section V of this Protocol shall include:
          (a) sensing elements and cables and transducers;
          (b) electrical cables for transmission of 
        hydrodynamic data from the entrance of each horizontal 
        satellite hole to the entrance of the horizontal 
        emplacement hole with which it is associated;
          (c) the hydrodynamic recording facilities, with 
        equipment, including computers, for acquiring, 
        recording, and processing data and timing signals, as 
        well as for transmitting and receiving hydrodynamic 
        data and command and monitoring signals between each 
        hydrodynamic recording facility and the command and 
        monitoring facility, and the shock mitigation platforms 
        for installing each hydrodynamic recording facility, 
        and with equipment for distributing electrical analogs 
        of the signals arriving from the instrumentation 
        facility of the Testing Party;
          (d) trigger conditioner devices for generating a 
        timing reference signal from the electrical cables of 
        the Verifying Party, and terminal devices for 
        converting an optical signal into an electrical signal;
          (e) the command and monitoring facility, with 
        equipment, including computers, for generating and 
        recording command and monitoring signals, for 
        transmitting and receiving command and monitoring 
        signals between each hydrodynamic recording facility 
        and the command and monitoring facility, as well as for 
        retrieving, storing, and processing hydrodynamic data;
          (f) electrical cables for transmission of 
        hydrodynamic data from the entrance of each vertical 
        satellite hole or from the entrance of each horizontal 
        emplacement hole to the hydrodynamic recording facility 
        of the Verifying Party;
          (g) electrical cables for the grounding of equipment 
        and for above-ground transmission of electrical power, 
        and electrical and fiber optic cables for above-ground 
        transmission of command and monitoring signals and 
        hydrodynamic data;
          (h) measuring and calibration instrumentation, 
        support equipment, and equipment for installing and 
        positioning sensing elements and cables and 
        transducers;
          (i) equipment specified in paragraph 5 of this 
        Section for confirming the characteristics of 
        emplacement holes and satellite holes; and
          (j) directional survey and magnetic survey equipment 
        and equipment for determining the distance between 
        emplacement holes and satellite holes, and equipment 
        for detecting voids and determining their relative 
        locations and volumes
    4. The list of equipment for the purposes of the use of the 
seismic yield measurement method at each Designated Seismic 
Station in accordance with Section VI of this Protocol shall 
include:
          (a) seismic sensors capable of recording ground 
        movements in three orthogonal directions within the 
        frequency range from 0.1 to 10 hertz;
          (b) equipment for amplifying, filtering, and 
        digitizing the output signals of the seismic sensors;
          (c) equipment for recording seismic data, and cables 
        for interconnecting the equipment described in this 
        paragraph;
          (d) equipment for controlling sensors and recorders 
        and for calibrating equipment;
          (e) means of recording Universal Time Coordinated and 
        referencing the recorded seismic data to it;
          (f) equipment, including computers, to process data, 
        to monitor the quality of the recorded data, as well as 
        to display, store, and copy data; and
          (g) equipment, including that using digital 
        algorithms, for assessing the validity of recorded 
        seismic data.
    5. The list of equipment for the purposes of carrying out 
on-site inspection in accordance with Section VII of this 
Protocol shall include:
          (a) equipment for obtaining the following logging 
        data: gamma-gamma, gamma, neutron, electrical 
        resistivity, magnetic susceptibility, gravity, 
        television, acoustic, and caliper, as well as equipment 
        for measuring the depth and cross section of 
        emplacement holes and for measuring the volume of 
        voids;
          (b) equipment, including computers, for calibrating 
        logging equipment, for monitoring the quality of the 
        recorded data, as well as for recording, displaying, 
        and copying data from logging equipment;
          (c) equipment for extracting core samples and rock 
        fragments; and
          (d) geologist's field tools and kits, and equipment 
        for the recording of field data.
    6. The Testing Party shall have the right, for the purposes 
of an initial familiarization, to inspect the equipment and 
every component thereof that the Verifying Party intends to use 
in carrying out activities related to verification, and 
thereafter shall have the right to familiarize itself with the 
equipment and every component thereof that had not previously 
been provided for this purpose in accordance with this 
paragraph. For these purposes:
          (a) the equipment subject to familiarization by the 
        Testing Party shall include:
                  (i) a set of equipment for hydrodynamic yield 
                measurements, specified in paragraph 3 of this 
                Section;
                  (ii) a set of equipment for seismic yield 
                measurements, specified in paragraph 4 of this 
                Section;
                  (iii) a set of equipment for on-site 
                inspection, specified in paragraph 5 of this 
                Section; and
                  (iv) the equipment specified in paragraphs 
                1(d), 1(e), 1(f), 1(g), 1(h), 1(i), 1(j), and 
                1(k) of this Section;
          (b) the Verifying Party shall initiate the 
        familiarization process by notifying the Testing Party 
        no less than 30 days prior to the date on which it 
        intends to deliver equipment to the point of entry. 
        This notification shall include a preliminary inventory 
        of the equipment and the planned date of its delivery;
          (c) no less tan seven days prior to the date of 
        delivery of equipment, the Verifying Party shall 
        provide a complete inventory of such equipment, which 
        shall also specify which equipment, in accordance with 
        paragraph 7(h) of this Section, will be removed from 
        the facilities of the Verifying Party immediately prior 
        to the beginning of the final dry run and immediately 
        prior to the test. At the same time the Verifying Party 
        shall provide instructions on the installation and 
        operation of equipment with functional and technical 
        descriptions and specifications, including electrical 
        diagrams, as well as block diagrams of the system and 
        its components;
          (d) no more than 45 days following receipt of the 
        equipment, the Testing Party, taking into account the 
        equipment specified for removal in subparagraph (c) of 
        this paragraph, shall specify, in writing, to the 
        Verifying Party:
                  (i) the equipment approved by it for use by 
                Designated Personnel in accordance with the 
                information provided in accordance with 
                subparagraph (c) of this paragraph; and
                  (ii) the characteristics of any equipment 
                component it finds unacceptable because it is 
                inconsistent with its non-intrusiveness, 
                containment, safety, or security requirements;
          (e) no more than 50 days following its initial 
        delivery to the point of entry, equipment shall be 
        returned, in the same condition as that in which it was 
        received, to the Verifying Party at the point of entry; 
        and
          (f) following receipt of the written evaluation 
        provided by the Testing Party in accordance with 
        subparagraph (d)(ii) of this paragraph, the Verifying 
        Party may deliver to the Testing Party, for 
        familiarization in accordance with procedures specified 
        in subparagraphs (b) and (c) of this paragraph, 
        modified or replacement equipment to eliminate the 
        unacceptable characteristics specified in subparagraphs 
        (d) and (e) of this paragraph shall be followed with 
        respect to the modified or replacement equipment.
    7. The following procedures shall apply to equipment for 
use of the hydrodynamic yield measurement method:
          (a) with the exception of that equipment that the 
        Verifying Party intends to use from the equipment 
        stored in accordance with subparagraph (j) of this 
        paragraph, no less than 60 days prior to the planned 
        date of the beginning of emplacement of sensing 
        elements and cables or the planned date of the 
        beginning of emplacement of explosives, whichever 
        occurs earlier, unless the Parties otherwise agree, the 
        Verifying Party shall deliver in sealed containers to 
        the point of entry, at its option, either one or two 
        sets of all or part of the equipment specified in 
        paragraphs 1(d), 1(e), 1(f), 1(g), 1(h), 1(i), 1(k), 
        3(i), and 3(j) of this section;
          (b) with the exception of that equipment that the 
        Verifying Party intends to use from the equipment 
        stored in accordance with subparagraph (j) of this 
        paragraph, no less than 45 days prior to the planned 
        date of the beginning of emplacement of sensing 
        elements and cables, unless the Parties otherwise 
        agree, the Verifying Party shall deliver in sealed 
        containers to the point of entry two identical sets of 
        the equipment specified in paragraphs 3(a), 3(b), 3(c), 
        3(d), and 3(e) of this Section, and, at its option, 
        either one or two sets of the equipment specified in 
        paragraphs 1(j), 3(f), 3(g), and 3(h) of this Section, 
        and, if it has not been delivered in accordance with 
        subparagraph (a) of this paragraph, the equipment 
        specified in paragraphs 1(d), 1(e), 1(f), 1(g), 1(h), 
        1(i), and 1(k) of this Section;
          (c) these sets of equipment shall have the same 
        components with the same functional and technical 
        descriptions and specifications as the equipment 
        approved by the Testing Party in accordance with 
        paragraph 6(d)(i) of this Section;
          (d) no less than seven days prior to the date of 
        delivery of equipment to the point of entry, the 
        Verifying Party shall provide a complete inventory of 
        this equipment, specifying which equipment, in 
        accordance with subparagraph (h) of this paragraph, 
        will be removed from the facilities of the Verifying 
        Party immediately prior to the beginning of the final 
        dry run and immediately prior to the test;
          (e) if the Verifying Party provides two identical 
        sets of equipment:
                  (i) the Testing party shall choose, at the 
                point of entry, one of the two identical sets 
                of each type of equipment for use by Designated 
                Personnel, with the exception of the equipment 
                specified in paragraphs 3(a) and 3(b) of this 
                Section, and shall affix its own seals to the 
                sealed containers in which that set of 
                equipment arrived. The set of equipment not 
                chosen by the Testing Party for use by 
                Designated Personnel shall be subject to 
                inspection by the Testing Party. Seals of the 
                Verifying Party shall be removed from equipment 
                chosen by the Testing Party for inspection, in 
                the presence of personnel of both Parties, and 
                thereafter this equipment shall be retained for 
                inspection by the Testing Party without the 
                presence of Designated Personnel for a period 
                of no more than 30 days, after which time it 
                shall be returned, in the same condition as 
                that in which it was received, to the Verifying 
                Party at the point of entry;
                  (ii) with respect to the equipment specified 
                in paragraphs 3(a) and 3(b) of this Section, 
                the Testing Party, under observation of 
                Designated Personnel, shall remove the seals of 
                the Verifying Party, combine the two sets of 
                equipment, and randomly redistribute the items 
                of each type of such equipment in order to 
                produce two new identical sets. The Testing 
                Party shall choose one of these new identical 
                sets for use by Designated Personnel, and both 
                Parties shall affix their own seals to the 
                containers of that set. The set of equipment 
                not chosen by the Testing Party for use by 
                Designated Personnel shall be subject to 
                inspection by the Testing Party in accordance 
                with procedures specified in subparagraph 
                (e)(iii) of this paragraph;
                  (iii) if the Verifying Party has delivered 
                the equipment specified in paragraphs 3(a) and 
                3(b) of this Section with individual gas-
                blocking devices installed in the cables, 
                Designated Personnel, under observation of 
                personnel of the Testing Party, shall cut each 
                cable at points three meters on either side of 
                each gas-blocking device and shall place these 
                gas-blocking devices and their attached cable 
                segments in separate containers. If the 
                Verifying Party delivered this equipment 
                without individual gas-blocking devices 
                installed, Designated Personnel, under 
                observation of the personnel of the Testing 
                Party, shall cut a three-meter segment from 
                each end of each cable and shall place these 
                segments in separate containers. Personnel of 
                each Party, under observation of personnel of 
                the other Party, shall seal these separate 
                containers of cable segments or gas-blocking 
                devices with cable segments. The remainder of 
                this equipment shall be retained for inspection 
                by the Testing Party in accordance with 
                subparagraph (e)(i) of this paragraph, except 
                that during inspection of this equipment the 
                Testing Party may remove up to 150 meters of 
                cable from the set chosen for inspection, in no 
                more segments than twice the number of cables 
                in that set; the set of equipment not chosen by 
                the Testing Party for use by Designated 
                Personnel shall be subject to inspection by the 
                Testing Party;
                  (iv) the Testing Party shall ensure 
                protection of the equipment chosen by it for 
                use by Designated Personnel and the sealed 
                containers specified in subparagraph (e)(iii) 
                of this paragraph while they are in its 
                territory, and shall transport this equipment 
                to the test site in such a manner as the ensure 
                that it is delivered to Designated Personnel in 
                the same condition as that in which it was 
                received by the Testing Party. Prior to 
                shipment to the test site, and from the time of 
                its arrival at the test site until the time of 
                its transfer to Designated Personnel, this 
                equipment shall be kept sealed, in storage 
                under conditions agreed upon by the Parties;
                  (v) personnel of the Testing Party shall 
                consult with the Designated Personnel regarding 
                plans and schedule of shipment of the equipment 
                no less than 48 hours prior to its shipment. 
                Designated Personnel shall have the right to 
                verify the integrity of their seals, to observe 
                their equipment, and to accompany it from the 
                point of entry to the test site. The equipment 
                specified in subparagraph (a) of this paragraph 
                shall be delivered to Designated Personnel for 
                use at the test site no less than 25 days prior 
                to the planned date of the beginning of 
                emplacement of explosives or the planned date 
                of the beginning of emplacement of sensing 
                elements and cables, whichever occurs earlier, 
                unless the Parties otherwise agree. The 
                equipment specified in subparagraph (b) of this 
                paragraph shall be delivered to Designated 
                Personnel at the test site for use no later 
                than 10 days prior to the planned date of the 
                beginning of emplacement of sensing elements 
                and cables, unless the Parties otherwise agree. 
                Personnel of each Party shall remove their 
                seals from the equipment under observation of 
                personnel of the other Party. Prior to removing 
                their seals, personnel of each Party shall have 
                the right to verify the integrity of those 
                seals, under observation of personnel of the 
                other Party;
                  (vi) seals affixed to the equipment specified 
                in paragraphs 3(a), 3(b), and 3(d) of this 
                Section shall not be removed prior to either 
                the conduct of pressure tests and non-
                destructive inspections, in accordance with 
                subparagraphs (e)(vii) and (e)(viii) of this 
                paragraph, or preparation for installation of 
                such equipment, at which time personnel or each 
                Party shall remove their seals, under 
                observation of personnel of the other Party. 
                Prior to removing their seals, personnel of 
                each Party shall have the right to verify the 
                integrity of those seals, under observation of 
                personnel of the other Party. Thereafter, 
                personnel of the Testing Party shall have the 
                right to observe all activities of Designated 
                Personnel related to this equipment;
                  (vii) the Testing Party shall have the right 
                to conduct pressure tests on the portions of 
                cables with individual gas-blocking devices 
                specified in subparagraph (e)(iii) of this 
                paragraph, in accordance with its technical 
                operations and practices and under observation 
                of Designated Personnel, to ensure that the 
                individual gas-blocking devices meet the 
                containment requirements of the Testing Party. 
                These pressure test shall be conducted at a 
                time specified by the Testing Party, at which 
                time personnel of each Party shall verify the 
                integrity of their seals on the containers 
                specified in subparagraph (e)(iii) of this 
                paragraph and shall remove their seals, under 
                observation of personnel of the other Party. 
                The Testing Party shall also have the right to 
                conduct non-destructive inspections, under 
                observation of Designated Personnel, on the set 
                of cables chosen for use, to ensure that the 
                cables chosen for use are identical in 
                construction to those chosen for inspection. 
                Such non-destructive inspections shall be 
                carried out at a time specified by the Testing 
                Party. All tests and non-destructive 
                inspections related to the containment 
                requirements of the Testing Party shall be 
                completed, and the results communicated to the 
                Designated Personnel Team Leader at the test 
                site, no less than 10 days prior to the planned 
                date for the beginning of emplacement of 
                sensing elements and cables. If all of the 
                individual gas-blocking devices removed from 
                cables in the set chosen for inspection in 
                accordance with subparagraph (e)(iii) of this 
                paragraph, successfully meet the containment 
                requirements, and if cables chosen for use are 
                found to be identical in construction to those 
                chosen for inspection, then the set chosen for 
                use shall be sealed by the seals of both 
                Parties, which shall not be removed prior to 
                preparation for installation of such equipment. 
                Following the pressure tests, the Testing Party 
                shall have the right to retain the individual 
                gas-blocking devices with their attached cable 
                segments from the set chosen for inspection;
                  (viii) if the Verifying Party delivered the 
                equipment specified in paragraphs 3(a) and 3(b) 
                of this Section without individual gas-blocking 
                devices installed in the cables, the Testing 
                Party shall have the right to conduct pressure 
                tests, in accordance with its technical 
                operations and practices, to ensure that the 
                gas-blocking properties of these cables meet 
                the containment requirements of the Testing 
                Party. These tests shall be performed under 
                observation of Designated Personnel on the 
                segments of cables specified in subparagraph 
                (e)(iii) of this paragraph as well as one 
                three-meter segment of each cable of the set 
                chosen for use, removed by Designated 
                Personnel, under observation of personnel of 
                the Testing Party, from the end of the cable 
                that will extend to the ground surface. These 
                pressure tests shall be conducted at a time 
                specified by the Testing Party, at which time 
                personnel of each Party shall verify the 
                integrity of their seals on the containers 
                specified in subparagraph (e)(iii) of this 
                paragraph, as well as on the containers with 
                the set of equipment chosen for use, specified 
                in paragraphs 3(a) and 3(b), and shall remove 
                their seals under observation of personnel of 
                the other Party. All tests related to the 
                containment requirements of the Testing Party 
                shall be completed, and the results 
                communicated to the Designated Personnel Team 
                Leader at the test site, no less than 10 days 
                prior to the planned date for the beginning of 
                emplacement of sensing elements and cables. If 
                all of the cable segments removed from the set 
                chosen for use and the set chosen for 
                inspection meet the containment requirements of 
                the Testing Party, then the set chosen for use 
                shall be sealed by the seals of both Parties, 
                which shall not be removed prior to preparation 
                for installation of such equipment and its use 
                in hydrodynamic yield measurements; and
                  (ix) if, within one day following the 
                completion of testing and non-destructive 
                inspections specified in subparagraphs (e)(vii) 
                and (e)(viii) of this paragraph, the Verifying 
                Party so requests, the Testing Party shall 
                provide cables that meet its containment 
                requirements. The Testing Party shall deliver 
                these cables to Designated Personnel at the 
                test site no more than two days following the 
                request of the Verifying Party but no less than 
                seven days prior to the planned date for the 
                beginning of emplacement of sensing elements 
                and cables, unless the Parties otherwise agree;
          (f) if the Verifying Party provides only one set of 
        equipment:
                  (i) upon arrival of the equipment at the 
                point of entry, the seals of the Verifying 
                Party shall be removed from this equipment in 
                the presence of personnel of both Parties, 
                after which the Testing Party shall have the 
                right to inspect this equipment for no more 
                than 30 days, without the presence of 
                Designated Personnel;
                  (ii) upon completion of the inspection, the 
                Testing Party shall transport all approved 
                equipment to the test site and deliver it, in 
                the same condition as that in which it was 
                received, to Designated Personnel. The 
                equipment specified in subparagraph (a) of this 
                paragraph shall be delivered to Designated 
                Personnel no less than 25 days prior to the 
                planned date of the beginning of emplacement of 
                explosives or the planned date of the beginning 
                of emplacement of sensing elements and cables, 
                whichever occurs earlier, unless the Parties 
                otherwise agree. The equipment specified in 
                subparagraph (b) of this paragraph shall be 
                delivered to Designated Personnel at the test 
                site no less than 10 days prior to the planned 
                date of the beginning of emplacement of sensing 
                elements and cables, unless the Parties 
                otherwise agree; and
                  (iii) within five days following delivery of 
                equipment to Designated Personnel, the Team 
                Leader shall certify, in writing, to the 
                Representative of the Testing Party that the 
                equipment delivered to the test site is in 
                working condition or, in the event of damage to 
                the equipment, shall report such damage in 
                writing;
          (g) upon completion of inspection of the equipment, 
        in accordance with subparagraphs (e)(i) and (f)(i) of 
        this paragraph, the Testing Party shall inform the 
        Verifying Party, in writing, of any equipment that does 
        not conform to that approved previously in accordance 
        with paragraph 6(d)(i) of this Section and shall 
        specify the non-conforming characteristics of any such 
        equipment or component thereof. Prior to shipment to 
        the test site, in the case of equipment provided in one 
        set, or at the time of delivery to Designated Personnel 
        at the test site of the set of equipment chosen for 
        use, in the case of equipment provided in two sets, the 
        equipment that does not conform to that approved 
        previously shall be removed by Designated Personnel 
        under seals of both Parties in storage at a location 
        chosen by the Testing Party. Any such equipment shall 
        be returned by the Testing Party to Designated 
        Personnel at the point of entry following completion of 
        the activity related to verification for which it was 
        originally provided. Except as otherwise provided in 
        this Protocol, equipment approved by the Testing Party 
        shall remain under the exclusive control of Designated 
        Personnel from the time of its delivery to Designated 
        Personnel at the test site until it is transferred to 
        the Testing Party in accordance with subparagraph (i) 
        of this paragraph;
          (h) immediately prior to the beginning of the final 
        dry run, Designated Personnel, under observation of 
        personnel of the Testing Party, shall remove from each 
        hydrodynamic recording facility and the command and 
        monitoring facility all items specified in accordance 
        with paragraph 6(c) of this Section for removal at that 
        time. These items shall be placed under the seals of 
        both Parties and stored at a location chosen by the 
        Testing Party. Upon departure of personnel of both 
        Parties from each hydrodynamic recording facility 
        immediately prior to the test, all remaining 
        maintenance and support equipment and spare parts shall 
        be removed by Designated Personnel, unless the Parties 
        otherwise agree;
          (i) personnel of the Testing Party shall have the 
        right to inspect equipment after it has been used for 
        carrying out activities related to hydrodynamic yield 
        measurements, for a period of 30 days, without the 
        presence of Designated Personnel. For these purposes:
                  (i) the equipment used for carrying out 
                activities specified in paragraphs 4(g), 5(c), 
                and 5(f) or 5(g) or 5(h), and 6(b), 6(f), 7(c), 
                and 7(f) or 7(g) or 7(h) of Section V of this 
                Protocol shall be transferred to the Testing 
                Party upon completion of all these activities, 
                unless the Parties agree that equipment for any 
                specific activity may be transferred upon 
                completion of that activity;
                  (ii) all other equipment, except that 
                specified in paragraphs 1(e), 1(g), 1(h), 1(i), 
                and 1(k) of this Section, shall be transferred 
                to the Testing Party upon completion of all 
                activities specified in paragraphs 9(m) and 
                14(b) of Section V of this Protocol;
                  (iii) equipment specified in paragraphs 1(e), 
                1(g), 1(h), 1(i), and 1(k) of this Section 
                shall be transferred to the Testing Party upon 
                completion of all activities of specified in 
                Section V of this Protocol; and
                  (iv) during inspection of equipment specified 
                in paragraphs 3(f) and 3(g) of this Section, 
                after it has been used for carrying out 
                activities related to hydrodynamic yield 
                measurements, the Testing Party shall have the 
                right to remove and retain no more than 150 
                meters of those cables, in no more segments 
                than twice the number of cables in each set, 
                with the exception of the fiber optic cables 
                and the electrical cables for above-ground 
                transmission of electrical power;
          (j) the Verifying Party shall have the right to store 
        for subsequent use part or all of its equipment in the 
        territory of the Testing Party. Storage shall be under 
        conditions agreed upon by the Parties, at a location 
        chosen by the Testing Party and under this protection;
          (k) with respect to inventory and shipment or storage 
        of this equipment, the following procedures, at the 
        option of the Verifying Party, shall be applied:
                  (i) upon transfer of equipment to the Testing 
                Party for inspection, in accordance with 
                subparagraph (i) of this paragraph, Designated 
                Personnel shall provide complete inventories of 
                equipment to be stored and equipment to be 
                shipped to their territory. These inventories 
                shall be signed by the Designated Personnel 
                Team Leader and the Representative of the 
                Testing Party, each of whom shall retain a copy 
                of the inventories. Within five days following 
                completion of inspection of equipment to be 
                shipped, the Testing Party shall return this 
                equipment to Designated Personnel at the point 
                of entry, in the same condition as that in 
                which it was received. Elimination of 
                information stored in memories shall not be 
                deemed damage to the equipment; or
                  (ii) within five days following completion of 
                inspection of equipment in accordance with 
                subparagraph (i) of this paragraph, the Testing 
                Party shall return this equipment to Designated 
                Personnel at a location chosen by the Testing 
                Party, in the same condition as that in which 
                it was received. Elimination of information 
                stored in memories shall not be deemed damage 
                to the equipment. Designated Personnel shall 
                examine, inventory, and pack their equipment in 
                containers. Personnel of the Testing Party 
                shall have the right to observe these 
                activities. Within five days following receipt 
                of their equipment, Designated Personnel shall 
                transfer to the Testing Party the packed 
                containers, along with the equipment to be 
                stored and the equipment to be shipped. These 
                inventories shall be signed by the Designated 
                Personnel Team Leader and the Representative of 
                the Testing Party, each of whom shall retain a 
                copy of the inventories. Within 10 days 
                following receipt of the equipment to be 
                shipped, the Testing Party shall deliver it to 
                the point of entry; and
          (l) if stored equipment is to be used for activities 
        related to verification of a subsequent test, it shall 
        be subject to further inspection only after such use. 
        The equipment specified in subparagraph (a) of this 
        paragraph shall be delivered, in the same condition as 
        that in which it was received, to Designated Personnel 
        for use at the test site no less than 25 days prior to 
        the planned date of the beginning of emplacement of 
        explosives or the planned date of the beginning of 
        emplacement of sensing elements and cables, whichever 
        occurs earlier, unless the Parties otherwise agree. The 
        equipment specified in subparagraph (b) of this 
        paragraph shall be delivered, in the same condition as 
        that in which it was received, to Designated Personnel 
        at the test site no later than 10 days prior to the 
        planned date of the beginning of emplacement of sensing 
        elements and cables, unless the Parties otherwise 
        agree.
    8. The following procedures shall apply to equipment for 
use of the seismic yield measurement method:
          (a) with the exception of that equipment that the 
        Verifying Party intends to use from the equipment 
        stored in accordance with subparagraph (h) of this 
        paragraph, no less than 45 days prior to the planned 
        date of the test, unless the Parties otherwise agree, 
        the Verifying Party shall deliver in sealed containers 
        to the point of entry, at its option, either one or two 
        sets of all or part of the equipment specified in 
        paragraphs 1(d), 1(e), 1(f), 1(g), 1(h), 1(i), and 4 of 
        this Section;
          (b) these sets of equipment shall have the same 
        components with the same functional and technical 
        descriptions and specifications as the equipment 
        approved by the Testing Party in accordance with 
        paragraph 6(d)(i) of this Section;
          (c) no less than seven days prior to the date of 
        delivery of equipment to the point of entry, the 
        Verifying Party shall provide a complete inventory of 
        this equipment;
          (d) if the Verifying Party provides two identical 
        sets of equipment:
                  (i) the Testing Party shall choose, at the 
                point of entry, one of the two identical sets 
                of each type of equipment for use by Designated 
                Personnel, and shall affix its own seals to the 
                sealed containers in which that set of 
                equipment arrived;
                  (ii) the Testing Party shall ensure 
                protection of this equipment while it is in its 
                territory, and shall transport this equipment 
                to the Designated Seismic Stations in such a 
                manner as to ensure that it is delivered to 
                Designated Personnel in the same condition as 
                that in which it was received by the Testing 
                Party. Prior to shipment to the Designated 
                Seismic Stations, and from the time of its 
                arrival tat the Designated Seismic Stations 
                until the time of its transfer to Designated 
                Personnel, the set of equipment chosen by the 
                Testing Party for use by Designated Personnel 
                shall be kept sealed in storage under 
                conditions agreed upon by the Parties;
                  (iii) personnel of the Testing Party shall 
                consult with Designated Personnel regarding 
                plans and schedule of shipment of the equipment 
                no less than 48 hours prior to its shipment. 
                Designated Personnel shall have the right to 
                verify the integrity of their seals, to observe 
                their equipment, and to accompany it from the 
                point of entry to the Designated Seismic 
                Stations. This equipment shall be delivered to 
                Designated Personnel at Designated Seismic 
                Stations for installation and use no less than 
                10 days prior to the planned date of the test. 
                Personnel of each Party shall remove their 
                seals from the equipment under observation of 
                personnel of the other Party. Prior to removing 
                their seals, personnel of each Party shall have 
                the right to verify the integrity of those 
                seals, under observation of personnel of the 
                other Party; and
                  (iv) seals of the Verifying Party shall be 
                removed from equipment chosen by the Testing 
                Party for inspection, in the presence of 
                personnel of both Parties, and thereafter this 
                equipment shall be retained for inspection by 
                the Testing Party without the presence of 
                Designated Personnel for a period of no more 
                than 30 days, after which time it shall be 
                returned, in the same condition as that in 
                which it was received, to the Verifying Party 
                at the point of entry;
          (e) if the Verifying Party provides only one set of 
        equipment:
                  (i) upon arrival of the equipment at the 
                point of entry, the seals of the Verifying 
                Party shall be removed from this equipment in 
                the presence of personnel of both Parties, 
                after which the Testing Party shall have the 
                right to inspect this equipment for no more 
                than 30 days, without the presence of 
                Designated Personnel;
                  (ii) upon completion of the inspection, the 
                Testing Party shall transport all approved 
                equipment to the Designated Seismic Stations 
                and deliver it, in the same condition as that 
                in which it was receive, to Designated 
                Personnel no less than 10 days prior to the 
                planned date of the test, unless the Parties 
                otherwise agree; and
                  (iii) within three days following delivery of 
                the equipment to Designated Personnel, the 
                Designated Personnel Team Leader shall certify 
                in writing to the Representative of the Testing 
                Party that the equipment delivered to the 
                Designated Seismic Station is in working 
                condition or, in the event of damage to the 
                equipment, shall report such damage in writing;
          (f) upon completion of inspection of the equipment, 
        in accordance with subparagraphs (d)(iv) and (e)(i) of 
        this paragraph, the Testing Party shall inform the 
        Verifying Party, in writing, of any equipment that does 
        not conform to that approved previously in accordance 
        with paragraph 6(d)(i) of this Section and shall 
        specify the non-conforming characteristics of any such 
        equipment or component thereof. Prior to shipment to 
        the Designated Seismic Stations, in the case of 
        equipment provided in one set, or at the time of 
        delivery to Designated Personnel at the Designated 
        Seismic Station of the set of equipment chosen for use, 
        in the case of equipment provided in two sets, the 
        equipment that does not conform to that approved 
        previously shall be removed by Designated Personnel 
        under observation of personnel of the Testing Party and 
        placed under seals of both Parties in storage at a 
        location chosen by the Testing Party. Any such 
        equipment shall returned by the Testing Party to 
        Designated Personnel at the point of entry following 
        completion of the activity related to verification for 
        which it was originally provided. Except as otherwise 
        provided in this Protocol, equipment approved by the 
        Testing Party shall remain under the exclusive control 
        of Designated Personnel from the time of its delivery 
        to Designated Personnel at a Designated Seismic Station 
        until it is transferred to the Testing Party in 
        accordance with subparagraphs (g) and (j) of this 
        paragraph;
          (g) personnel of the Testing Party shall have the 
        right to inspect equipment after it has been used for 
        activities related to seismic yield measurements for a 
        period of 30 days, without the presence of Designated 
        Personnel. If the Testing Party decides to inspect that 
        equipment, it shall be transferred to the Testing Party 
        upon completion of activities specified in Section VI 
        of this Protocol;
          (h) the Verifying Party shall have the right to store 
        for subsequent use part or all of its equipment in the 
        territory of the Testing Party. Storage shall be under 
        conditions agreed upon by the Parties, at a location 
        chosen by the Testing Party and under its protection;
          (i) if the Testing Party inspects the equipment, with 
        respect to inventory and shipment or storage of this 
        equipment, the following procedures, at the option of 
        the Verifying Party, shall be applied:
                  (i) upon transfer of equipment to the Testing 
                Party for inspection in accordance with 
                subparagraph (g) of this paragraph, Designated 
                Personnel shall provide complete inventories of 
                equipment to be stored and equipment to be 
                shipped to their territory. These inventories 
                shall be signed by the Designated Personnel 
                Team Leader and the Representative of the 
                Testing Party, each of whom shall retain a copy 
                of the inventories. Within five days following 
                completion of inspection of equipment to be 
                shipped, the Testing Party shall return this 
                equipment to Designated Personnel at the point 
                of entry, in the same condition as that in 
                which it was received. Elimination of 
                information stored in memories shall not be 
                deemed damage to the equipment; or
                  (ii) within five days following completion of 
                inspection of equipment in accordance with 
                subparagraph (g) of this paragraph, the Testing 
                Party shall return this equipment to Designated 
                Personnel at a location chosen by the Testing 
                Party in the same condition as that in which it 
                was received. Elimination of information stored 
                in memories shall not be deemed damage to the 
                equipment. Designated Personnel shall examine, 
                inventory, and pack their equipment in 
                containers. Personnel of the Testing Party 
                shall have the right to observe these 
                activities. Within five days following receipt 
                of their equipment, Designated Personnel shall 
                transfer to the Testing Party the packed 
                containers, along with inventories of the 
                equipment to be stored and the equipment to be 
                shipped. These inventories shall be signed by 
                the Designated Personnel Team Leader and the 
                Representative of the Testing Party, each of 
                whom shall retain a copy of the inventories. 
                Within 10 days following receipt of equipment 
                to be shipped, the Testing Party shall deliver 
                it to the point of entry;
          (j) if the Testing Party chooses not to inspect the 
        equipment upon completion of activities related to 
        seismic yield measurements, Designated Personnel shall 
        prepare the equipment for storage or shipment to their 
        territory prior to departure from the Designated 
        Seismic Station and, upon transfer of equipment to the 
        Testing Party, shall provide complete inventories of 
        equipment to be stored and equipment to shipped. These 
        inventories shall be signed by the Designated Personnel 
        Team Leader and the Representative of the Testing 
        Party, each of whom shall retain a copy of the 
        inventories. Equipment to be shipped shall be returned 
        to the Verifying Party at the point of entry within 10 
        days following departure of Designated Personnel from 
        the Designated Seismic Station. Equipment to be stored 
        shall be prepared for storage, in accordance with 
        agreed procedures for the conditions of storage chosen 
        by the Testing Party; and
          (k) if stored equipment is to be used for activities 
        related to verification of a subsequent test, it shall 
        be subject to further inspection only after such use. 
        This equipment shall be delivered, in the same 
        condition as that in which it was received, to 
        Designated Personnel for use at the Designated Seismic 
        Stations no later than 10 days prior to the planned 
        date of the test, unless the Parties otherwise agree.
    9. The following procedures shall apply to equipment for 
carrying out on-site inspection:
          (a) with the exception of that equipment that the 
        Verifying Party intends to use from the equipment 
        stored in accordance with subparagraph (h) of this 
        paragraph, no less than 5 days prior to the planned 
        date of the beginning of emplacement of explosives, 
        unless the Parties otherwise agree, the Verifying Party 
        shall deliver in sealed containers to the point of 
        entry, at its option, either one or two sets of all or 
        part of the equipment specified in paragraphs 1(d), 
        1(e), (f), 1(g), 1(h), 1(i), 1(k), and 5 of this 
        Section;
          (b) these sets of equipment shall have the same 
        components with the same functional and technical 
        descriptions and specifications as the equipment 
        approved by the Testing Party in accordance with 
        paragraph 6(d)(i) of this Section;
          (c) no less than seven days prior to the date of 
        delivery of equipment to the point of entry, the 
        Verifying Party shall provide a complete inventory of 
        this equipment;
          (d) if the Verifying Party provides two identical 
        sets of equipment;
                  (i) the Testing Party shall choose, at the 
                point of entry, one of the two identical sets 
                of each type of equipment for use by Designated 
                Personnel, and shall affix its own seals to the 
                sealed containers in which that set of 
                equipment arrived;
                  (ii) the Testing Party shall ensure 
                protection of this equipment while it is in its 
                territory, and shall transport this equipment 
                to the test site in such a manner as to ensure 
                that it is delivered to Designated Personnel in 
                the same condition as that in which it was 
                received by the Testing Party. Prior to 
                shipment to the test site, and from the time of 
                its arrival at the test site until the time of 
                its transfer to Designated Personnel, the set 
                of equipment chosen by the Testing Party for 
                use by Designated Personnel shall be kept 
                sealed, in storage under conditions agreed upon 
                by the Parties;
                  (iii) personnel of the Testing Party shall 
                consult with Designated Personnel regarding 
                plans and schedule of shipment of the equipment 
                no less than 48 hours prior to its shipment. 
                Designated Personnel shall have the right to 
                verify the integrity of their seals, to observe 
                their equipment, and to accompany it from the 
                point of entry to the test site. This equipment 
                shall be delivered to Designated Personnel at 
                the test site no less than 20 days before the 
                planned date of the beginning of emplacement of 
                explosives, unless the Parties otherwise agree. 
                Personnel of each Party shall remove their 
                seals from the equipment under observation of 
                personnel of the other Party. Prior to removing 
                their seals, personnel of each Party shall have 
                the right to verify the integrity of those 
                seals, under observation of personnel of the 
                other Party; and
                  (iv) seals of the Verifying Party shall be 
                removed from equipment chosen by the Testing 
                Party for inspection, in the presence of 
                personnel of both Parties, and thereafter this 
                equipment shall be retained for inspection by 
                the testing Party without the presence of 
                Designated Personnel for a period of no more 
                than 30 days, after which time is shall be 
                returned, in the same condition as that in 
                which it was received, to the Verifying Party 
                at the point of entry;
          (e) if the Verifying Party provides only one set of 
        equipment:
                  (i) upon arrival of the equipment at the 
                point of entry, the seals of the Verifying 
                Party shall be removed from this equipment in 
                the presence of personnel of both Parties, 
                after which the Testing Party shall have the 
                right to inspect this equipment for no more 
                than 30 days, without the presence of 
                Designated Personnel;
                  (ii) upon completion of the inspection, the 
                Testing Party shall transport all approved 
                equipment to the test site and deliver it, in 
                the same condition as that in which it was 
                received, to Designated Personnel no less than 
                20 days prior to the planned date of the 
                beginning of emplacement of explosives, unless 
                the Parties otherwise agree; and
                  (iii) within five days following delivery of 
                equipment to Designated Personnel, the 
                Designated Personnel Team Leader shall certify, 
                in writing, to the Representative of the 
                Testing Party that the equipment delivered to 
                the test site is in working condition or, in 
                the event of damage to the equipment, shall 
                report such damage in writing;
          (f) upon completion of inspection of the equipment in 
        accordance with subparagraphs (d)(iv) and (e)(i) of 
        this paragraph, the Testing Party shall inform the 
        Verifying Party, in writing, of any equipment that does 
        not conform to that approved previously in accordance 
        with paragraph 6(d)(i) of this Section and shall 
        specify the non-conforming characteristics of any such 
        equipment or component thereof. Prior to shipment to 
        the test site, in the case of equipment provided in one 
        set, or at the time of delivery to Designated Personnel 
        at the test site of the set of equipment chosen for 
        use, in the case of equipment provided in two sets, the 
        equipment that does not conform to that approved 
        previously shall be removed by Designated Personnel 
        under observation of personnel of the Testing Party and 
        placed under seals of both Parties in storage at a 
        location chosen by the Testing Party. Any such 
        equipment shall be returned by the Testing Party to 
        Designated Personnel at the point of entry, following 
        completion of the activity related to verification for 
        which it was originally provided. Except as otherwise 
        provided in this Protocol, equipment approved by the 
        Testing Party shall remain under the exclusive control 
        of Designated Personnel from the time of its delivery 
        to Designated Personnel at the test site until it is 
        transferred to the Testing Party in accordance with 
        subparagraph (g) of this paragraph;
          (g) personnel of the Testing Party shall have the 
        right to inspect equipment after it has been used for 
        carrying out activities related to on-site inspection, 
        for a period of 30 days, without the presence of 
        Designated Personnel. For these purposes:
                  (i) the equipment used for carrying out 
                activities specified in paragraphs 1(b), 1(c), 
                1(e), 1(f), 1(g), and 1(h) of Section VII of 
                this Protocol shall be transferred to the 
                Testing Party upon completion of all these 
                activities, unless the Parties agree that 
                equipment for any specific activity may be 
                transferred upon completion of that activity; 
                and
                  (ii) all other equipment shall be transferred 
                to the Testing Party upon completion of all 
                activities of Designated Personnel specified in 
                Section VII of this Protocol;
          (h) the Verifying Party shall have the right to store 
        for subsequent use part or all of its equipment in the 
        territory of the Testing Party. Storage shall be under 
        conditions agreed by the Parties, at a location chosen 
        by the Testing Party and under its protection;
          (i) with respect to inventory and shipment or storage 
        of this equipment, the following procedures, at the 
        option of the Verifying Party, shall be applied:
                  (i) upon transfer of equipment to the Testing 
                Party for inspection in accordance with 
                subparagraph (g) of this paragraph, Designated 
                Personnel shall provide complete inventories of 
                equipment to be stored and equipment to be 
                shipped to their territory. These inventories 
                shall be signed by the Designated Personnel 
                Team Leader and the Representative of the 
                Testing Party, each of whom shall retain a copy 
                of the inventories. Within five days following 
                completion of inspection of the equipment to be 
                shipped, the Testing Party shall return this 
                equipment to Designated Personnel at the point 
                of entry, in the same condition as that in 
                which it was received. Elimination of 
                information stored in memories shall not be 
                deemed damage to the equipment; or
                  (ii) within five days following completion of 
                inspection of equipment in accordance with 
                subparagraph (g) of this paragraph, the Testing 
                Party shall return this equipment to Designated 
                Personnel at a location chosen by the Testing 
                Party, in the same condition as that in which 
                it was received. Elimination of information 
                stored in memories shall not be deemed damage 
                to the equipment. Designated Personnel shall 
                examine, inventory, and pack their equipment in 
                containers. Personnel of the Testing Party 
                shall have the right to observe these 
                activities. Within five days following receipt 
                of their equipment, Designated Personnel shall 
                transfer to the Testing Party the packed 
                containers, along with inventories of the 
                equipment to be stored and the equipment to be 
                shipped. These inventories shall be signed by 
                the Designated Personnel Team Leader and the 
                Representative of the Testing Party, each of 
                whom shall retain a copy of the inventories. 
                Within 10 days following receipt of the 
                equipment to be shipped, the Testing Party 
                shall deliver it to the point of entry; and
          (j) if stored equipment is to be used for activities 
        related to verification of a subsequent test, it shall 
        be subject to further inspection only after such use. 
        This equipment shall be delivered, in the same 
        condition as that in which it was received, to 
        Designated Personnel at the test site no less than 20 
        days prior to the planned date of the beginning of 
        emplacement of explosives for that test, unless the 
        Parties otherwise agree.

        SECTION IX. DESIGNATED PERSONNEL AND TRANSPORT PERSONNEL

    1. No later than 10 days following entry into force of the 
Treaty each Party shall provide the other Party with a list of 
its proposed Designated Personnel who will carry out activities 
in accordance with this Protocol and a list of its proposed 
Transport Personnel who will provide transportation for these 
Designated Personnel, their baggage, and equipment of the 
Verifying Party. These lists shall contain name, date of birth, 
and sex of each individual of its proposed Designated Personnel 
and Transport Personnel. The list of Designated Personnel shall 
at no time include more than 300 individuals, and the list of 
Transport Personnel shall at no time include more than 200 
individuals.
    2. Each Party shall review the list of Designated Personnel 
and the list of Transport Personnel proposed by the other 
Party. If the Party reviewing a list determines that an 
individual included thereon is acceptable to it, it shall so 
inform the Party providing the list within 20 days following 
receipt of the list, and such an individual shall be deemed 
accepted. If the Party reviewing a list determines that an 
individual included thereon is not acceptable to it, it shall 
so inform the Party providing the list of its objection within 
20 days following receipt of the list, and such an individual 
shall be deemed unaccepted and shall be deleted from the list.
    3. Each Party may propose the addition or substitution of 
individuals on its list of Designated Personnel or its list of 
Transport Personnel at any time, who shall be designated in the 
same manner as provided in paragraph 2 of this Section with 
regard to the initial lists. Annually, no more than 100 
individuals from the list of Designated Personnel shall be 
subject to substitution. This limitation shall not apply to the 
replacement of individuals due to permanent physical incapacity 
or death, or to deletion of an individual from the list of 
Designated Personnel in accordance with paragraph 5 of this 
Section. Replacement of an individual due to permanent physical 
incapacity, death or deletion from the list shall be 
accomplished in the same manner as provided in paragraph 2 of 
this Section.
    4. Following receipt of the initial list of Designated 
Personnel or the initial list of Transport Personnel or of 
subsequent changes thereto, the Party receiving such 
information shall prepare for the issuance of such visas and 
other documents as may be required to ensure that each 
individual on the list of Designated Personnel or the list of 
Transport Personnel who has been accepted may enter and remain 
in its territory for the purpose of carrying out activities in 
accordance with this Protocol. Such visas and documents shall 
be provided by the Testing Party only to the individuals who 
names are included in the notification provided by the 
Verifying Party, in accordance with paragraphs 2 and 3 of 
Section X of this Protocol, upon receipt of such notification. 
Such visas and documents shall be valid for multiple entry 
throughout the period required for Designated Personnel to 
carry out their activities related to verification of a 
specific test.
    5. If a Party determines that an individual included on the 
list of Designated Personnel or the list of Transport Personnel 
of the other Party has violated the provisions of this Protocol 
or has ever committed a criminal offense in its territory, or 
has ever been sentenced for committing a criminal offense, or 
has ever been expelled from its territory, the Party making 
such a determination shall notify the other Party of its 
objection to the continued inclusion of this individual is 
present in the territory of the Party raising the objection, 
then the other Party shall immediately recall this individual 
from the territory of the Party raising this objection and 
immediately thereafter delete that individual from the list of 
Designated Personnel or from the list of Transport Personnel.
    6. Designated Personnel with their personal baggage and 
equipment of the Verifying Party shall be permitted to enter 
the territory of the Testing Party at the designated point of 
entry, to remain in that territory, and to exit that territory 
through the designated point of entry.
    7. Designated Personnel and Transport Personnel shall be 
accorded the following privileges and immunities for the entire 
period they are in the territory of the Testing Party and 
thereafter with respect to acts previously performed in the 
exercise of their official functions as Designated Personnel or 
Transport Personnel:
          (a) Designated Personnel and Transport Personnel 
        shall be accorded the inviolability enjoyed by 
        diplomatic agents pursuant to Article 29 of the Vienna 
        Convention on Diplomatic Relations of April 18, 1961;
          (b) living and working quarters occupied by 
        Designated Personnel and Transport Personnel carrying 
        out activities in accordance with this Protocol shall 
        be accorded the inviolability and protection accorded 
        the quarters of missions and diplomatic agents pursuant 
        to Articles 22 and 30 of the Vienna Convention on 
        Diplomatic Relations;
          (c) archives, documents, papers, and correspondence 
        of Designated Personnel and Transport Personnel shall 
        enjoy the inviolability accorded the archives, 
        documents, papers, and correspondence of missions and 
        diplomatic agents pursuant to Articles 24 and 30 of the 
        Vienna Convention of Diplomatic Relations. In addition, 
        the aircraft or other transport vehicles of the 
        Verifying Party shall be inviolable;
          (d) Designated Personnel and Transport Personnel 
        shall be accorded the immunities accorded diplomatic 
        agents pursuant to paragraphs 1, 2, and 3 of Article 31 
        the Vienna Convention on Diplomatic Relations. Immunity 
        from jurisdiction of Designated Personnel or Transport 
        Personnel may be waived by the Verifying in those cases 
        in which it is of the Opinion that immunity would 
        impede the course of justice, and it can be waived 
        without prejudice to the implementation of the 
        provisions of this Protocol. Waiver must always be 
        express;
          (e) Designated Personnel and Transport Personnel 
        carrying out their activities in accordance with this 
        Protocol shall be accorded the exemption from dues and 
        taxes accorded diplomatic agents pursuant to Article 34 
        of the Vienna Convention on Diplomatic Relations;
          (f) living and working quarters occupied by 
        Designated Personnel and Transport Personnel carrying 
        out their activities in accordance with this Protocol 
        shall be accorded the exemption from dues and taxes 
        accorded mission premises pursuant to Article 23 of the 
        Vienna Convention on Diplomatic Relations; and
          (g) Designated Personnel and Transport Personnel 
        shall be permitted to bring into the territory of the 
        Testing Party, without payment of any customs duties or 
        related charges, articles for their personal use, with 
        the exception of articles the import or export of which 
        is prohibited by law or controlled by quarantine 
        regulations.
    8. Designated Personnel and Transport Personnel shall not 
engage in any professional or commercial activity for personal 
profit in the territory of the Testing Party.
    9. Without prejudice to their privileges and immunities, 
Designated Personnel and Transport Personnel shall be obliged 
to respect the laws and regulations of the Testing Party and 
shall be obliged not to interfere in the internal affairs of 
that Party.
    10. If the Testing Party considers that there has been an 
abuse of privileges and immunities specified in paragraph 7 of 
this Section, consultations shall be held between the Parties 
to determine whether such an abuse has occurred and, if so 
determined, to prevent a repetition of such an abuse.

 SECTION X. ENTRY, TRANSPORT, FOOD, LODGING, AND PROVISION OF SERVICES 
            FOR DESIGNATED PERSONNEL AND TRANSPORT PERSONNEL

    1. The Testing Party shall ensure Designated Personnel and 
Transport Personnel access to its territory for the purposes of 
carrying out activities related to verification in accordance 
with this Protocol, and shall provided these personnel with 
such other assistance as may be necessary to enable them to 
carry out these activities. Designated Personnel shall have the 
right to be present at the test site and at Designated Seismic 
stations in the territory of the Testing Party to carry out 
activities related to verification in accordance with this 
Protocol at such times and for such periods as required to 
carry out these activities. The specific times and periods for 
carrying out such activities shall be specified in the 
coordinated schedule.
    2. No less than 20 days prior to the planned date of 
arrival of its Designated Personnel at the point of entry for 
participation in activities related to verification of a 
specific test, the Verifying Party shall provide the Testing 
Party with:
          (a) a list of the names of the Designated Personnel 
        with their passports and documentation, who will carry 
        out activities related to verification of a specific 
        test;
          (b) the names of the Designated Personnel Team Leader 
        or Leaders and the names of Designated Personnel who 
        will escort equipment of the Verifying Party to the 
        test site or each Designated Seismic Station;
          (c) confirmation of the point of entry to be used;
          (d) the planned date and the estimated time of 
        arrival of these Designated Personnel at the point of 
        entry; and
          (e) the mode of transport to be used.
No more than 15 days following receipt of the list and 
passports and documentation specified in subparagraph (a) of 
this paragraph, the Testing Party shall return those passports 
to the Verifying Party with the visas and all necessary 
documents specified in paragraph 4 of Section IX of this 
Protocol.
    3. No less than 20 days prior to the planned date of 
arrival of Transport Personnel at the point of entry, the 
Verifying Party shall provide the Testing Party with the number 
of Transport Personnel. No less than three days prior to the 
planned ate of arrival of Transport Personnel, the Verifying 
Party shall provide the testing Party with a list of the names 
of those Transport Personnel with their passports and 
documentation. No less than one day prior to the planned date 
of arrival of Transport Personnel, the Testing Party shall 
return those passports to the Verifying Party with the visas 
and all necessary documents specified in paragraph of Section 
IX of this Protocol.
    4. The number of Designated Personnel present at a test 
site or Designated Seismic Station to carry out activities 
related to verification of a specific test shall be governed by 
the relevant restrictions specified in Sections V, VI, and VII 
of this Protocol. Designated Personnel shall leave the test 
site or Designated Seismic Station upon completion of 
activities related to verification of a specific test as 
specified in the coordinated schedule. Designated Personnel who 
have been present at the test site for a period of six 
consecutive weeks or more may be replaced by individuals 
included on the list submitted in accordance with paragraph 1 
of Section IX of this Protocol. Designated Personnel who have 
not been present at the test site for a period of six 
consecutive weeks may be replaced only for reasons of injury, 
illness, or family emergency, and shall be replaced by 
individuals included on the list submitted in accordance with 
paragraph 1 of Section IX of this Protocol.
    5. If a transport aircraft other than a regularly scheduled 
commercial aircraft is used by the Verifying Party for 
transportation between the territory of the Verifying Party and 
the point of entry, its flight path shall be along airways 
agreed upon by the Parties, and its flight plan shall be filed 
in accordance with the procedures of the International Civil 
Aviation Organization applicable to civil aircraft, including 
in the remarks section of the flight plan a confirmation that 
the appropriate clearance has been obtained. The Testing Party 
shall provide parking, security protection, servicing, and fuel 
for aircraft of the Verifying Party at the point of entry. The 
Verifying Party shall bear the cost of such fuel and servicing.
    6. The Testing Party shall ensure that all necessary 
clearances or approvals are granted so as to enable Designated 
Personnel, their baggage, and equipment of the Verifying Party 
to arrive at the point of entry by the estimated arrival date 
and time.
    7. The Testing Party shall assist Designated Personnel and 
Transport Personnel and their baggage in passage through 
customs without undue delay. The Testing Party shall provide 
transportation between the point of entry and the test site or 
the Designated Seismic Stations for Designated Personnel, their 
baggage, and equipment of the Verifying Party, so as to enable 
such personnel to exercise their rights and functions in the 
time periods provided in this Protocol and specified in the 
coordinated schedule.
    8. The Testing Party shall have the right to assign its 
personnel to escort Designated Personnel and Transport 
Personnel while they are in its territory.
    9. Except as otherwise provided in this Protocol, movement 
and travel of Designated Personnel and Transport Personnel in 
the territory of the Testing Party, from the time of their 
arrival at the point of entry until their departure from the 
territory of the Testing Party at the point of entry, shall be 
subject to the authorization of the Testing Party.
    10. During the period Designated Personnel and Transport 
Personnel are in the territory of the Testing Party, the 
Testing Party shall provide food, hotel-like living 
accommodations, working facilities, transportation, and medical 
facilities for out-patient treatment and in-patient treatment, 
and also secure places for storing equipment. If the Verifying 
Party desires to provide its own food for its Designated 
Personnel and its Transport Personnel during their stay in the 
territory of the Testing Party, the Testing Party shall provide 
such assistance as may be necessary for such food to arrive at 
the appropriate locations. Designated Personnel shall have the 
use of a complete kitchen at all times during their stay at the 
test site and at each Designated Seismic Station.
    11. The Verifying Party shall have the right to include 
among its Designated Personnel a medical specialist, who shall 
be allowed to bring medications, medical instruments, and 
portable medical equipment agreed upon by the Parties. If 
Designated Personnel are treated in a medical facility of the 
Testing Party, the medical specialist shall have the right to 
consult on the recommended treatment and monitor the course of 
medical treatment at all times. The medical specialist of the 
Verifying Party shall have the right to require the Testing 
Party to provide emergency evacuation of any individual of the 
Designated Personnel who is ill or has suffered an accident to 
a mutually agreed medical facility in the territory of the 
Testing Party or to the point of entry for emergency medical 
evacuation by the Verifying Party. Designated Personnel shall 
have the right to refuse any treatment prescribed by medical 
personnel of the Testing treatment prescribed by medical 
personnel of the Testing Party, and in this case the Testing 
Party shall not be responsible for any consequences of such 
refusal. Such refusal must always be express.
    12. The Testing Party shall provide the Designated 
Personnel Team Leader or his designated representative at all 
times access to:
          (a) telephone communications between the embassy of 
        the Verifying Party in the territory of the Testing 
        Party and the working facilities and living 
        accommodations of Designated Personnel at each test 
        site and each Designated Seismic Station; and
          (b) an international telephone network from their 
        working facilities and living accommodations at each 
        test site and each Designated Seismic Station.
    13. The Designated Personnel Team Leader or his designated 
representative shall have the right to use at all times 
satellite communications to ensure communications via the 
International Maritime Satellite Organization (INMARSAT) 
commercial satellite system, or a system of equivalent 
performance, between each test site in the territory of the 
Testing Party and the telephone communications system of the 
Verifying Party. If the Testing Party does not provide such 
communications, Designated Personnel shall have the right to 
use their own equipment specified in paragraph 1(k) of Section 
VIII of this Protocol. In this case, installation and alignment 
of all such equipment shall be done jointly. All equipment of 
this system, except the remote control unit, shall be locked 
and placed under seals of both Parties, and personnel of 
neither Party shall have access to this equipment except under 
observation of personnel of the other Party. Only Designated 
Personnel shall use the remote control unit. If the Verifying 
Party provides satellite communications equipment, personnel of 
the Testing Party shall have the right, under observation of 
Designated Personnel, to make the following modifications 
provided they do not degrade the quality of the communications:
          (a) install bandpass filters, to limit the frequency 
        range, in the antenna signal transmission and reception 
        lines;
          (b) modify the remote control unit to prevent manual 
        tuning; and
          (c) modify the satellite communications equipment to 
        allow the Testing Party to monitor all transmissions.
    14. The Testing Party shall provide the following for use 
by Designated Personnel:
          (a) portable radios for communications at the test 
        location;
          (b) telephones for communications between work areas 
        and between work areas and living quarters of 
        Designated Personnel at the test site or Designated 
        Seismic Stations; and
          (c) access to Testing Party-controlled vehicle-
        mounted radios for communications with the test 
        location, work areas, or living quarters while 
        Designated Personnel are in transit at the test site.
    15. At the test site and each Designated Seismic Station, 
Designated Personnel shall observe all safety rules and 
regulations applicable to the personnel of the Testing Party, 
as well as all those additional restrictions with regard to 
access and movement as may be established by the Testing Party. 
Designated Personnel shall have access only to the areas in 
which they will directly exercise their rights and functions in 
accordance with Sections V, VI, VII, and VIII of this Protocol. 
The areas at the test site or the Designated Seismic Station in 
which Designated Personnel shall have freedom of movement 
during the conduct of a specific test without the mandatory 
escort of personnel of the Testing Party shall be marked on the 
diagrams of the test site or the Designated Seismic Stations 
provided to the Verifying Party at the first meeting of the 
Coordinating Group specified in paragraph 10 of Section XI of 
this Protocol. In all other cases, the permission of the 
Representative of the Testing Party, and escort by, personnel 
of the Testing Party shall be required.
    16. Designated Personnel shall not be given or seek access 
by physical, visual, or technical means to the interior of any 
explosive canister, to documentary or other information 
descriptive of the design of an explosive, or to equipment for 
control and firing of an explosive. The Testing Party shall not 
locate documentary or other information descriptive of the 
design of an explosive in such ways as to impede Designated 
Personnel in carrying out their activities in accordance with 
this Protocol.
    17. Possession or use by Designated Personnel of firearms, 
ammunition, or substances containing narcotics, with the 
exception of those prescribed by a physician, in the territory 
of the Testing Party is prohibited. Except as otherwise 
provided in this Protocol, possession or use by Designated 
Personnel of the following items is also prohibited at the test 
site or a Designated Seismic Station:
          (a) photographic and video recording equipment;
          (b) radio transmitters or receivers other than those 
        supplied by the Testing Party;
          (c) sound recorders;
          (d) teleoptical devices; and
          (e) personal computers.
    18. Except as otherwise provided in this Protocol or as may 
be approved in writing by the Representative of the Testing 
Party, Designated Personnel are prohibited from removing any of 
the following items from the test site or a Designated Seismic 
Station:
          (a) soil samples;
          (b) plant samples;
          (c) water and air samples;
          (d) animals;
          (e) metal objects; and
          (f) rock samples or debris.
    19. Designated Personnel shall have the right to remove 
from the territory of the Testing Party all items, including 
data, obtained in accordance with this Protocol.
    20. The Testing Party shall have the right to inspect, in 
the presence of Designated Personnel, baggage and personal 
possessions of Designated Personnel upon their entry to or 
departure from the test site or Designated Seismic Stations. 
The Testing Party shall also have the right to inspect, in the 
presence of Designated Personnel, any packages received by 
Designated Personnel during their stay at the test site or 
Designated Seismic Stations or prepared for shipment by 
Designated Personnel from the test site or Designated Seismic 
Stations.
    21. Except as provided in paragraphs 22, 23, and 24 of this 
Section or unless the Parties otherwise agree, the Verifying 
Party shall bear all costs of verification activities of 
Designated Personnel and Transport Personnel set forth in the 
coordinated schedule, including costs for use of consumption of 
materials, equipment, transportation, food, living and working 
facilities, medical assistance, communications, and services 
requested by and provided to the costs associated with 
transport aircraft in accordance with paragraph 5 of this 
Section.
    22. The Testing Party shall bear all costs related to the 
preparation of its test sites, Designated Seismic Stations, and 
equipment storage facilities within its territory for the use 
of Designated Personnel as provided for in this Protocol.
    23. With respect to a test of non-standard configuration:
          (a) the Testing Party shall bear the costs of the 
        activities specified in paragraph 6(a) of Section V of 
        this Protocol that are carried out with respect to the 
        second and third satellite holes, if requested by the 
        Verifying Party in accordance with paragraph 11 of 
        Section XI of this Protocol; and
          (b) the Testing Party shall bear the costs related to 
        the conduct of a test identified by it as a reference 
        test to satisfy the request of the Verifying Party in 
        accordance with paragraph 11 of Section XI of this 
        Protocol.
    24. The Testing Party shall bear all costs related to 
transportation of equipment of the Verifying Party between:
          (a) the point of entry and the location at which such 
        equipment is subject to familiarization or inspection 
        by the Testing Party in accordance with Section VIII of 
        this Protocol;
          (b) the location for familiarization or inspection by 
        the Testing Party and the location at which such 
        equipment is returned to the Verifying Party;
          (c) the location at which such equipment is turned 
        over to the Testing Party for storage and the storage 
        location; and
          (d) the storage location and the location at which 
        such equipment is returned to the Verifying Party.
    25. If the Verifying Party decides not to carry out 
activities related to verification that it specified in its 
initial notification, after technical and logistical support 
for these activities has been agreed upon in the Coordinating 
Group in accordance with paragraph 12 of Section XI of this 
Protocol, the Verifying Party shall reimburse the Testing Party 
for the costs of such agreed technical and logistical support 
incurred by the Testing Party prior to receipt of notification 
that the Verifying Party will not carry out the initially 
declared activities related to verification.

        SECTION XI. PROCEDURES FOR CONSULTATION AND COORDINATION

    1. For the purposes of implementation of the Treaty and 
this Protocol, the Parties shall, immediately following entry 
into force of the Treaty, establish a Bilateral Consultative 
Commission, within the framework of which they shall meet, at 
the request of either Party, to:
          (a) consider any questions relating to implementation 
        of the Treaty and this Protocol;
          (b) consider any suggestions for amendments to the 
        Treaty or this Protocol;
          (c) consider any technical or administrative changes 
        to this Protocol of the nature provided in paragraph 2, 
        3, or 4 of this Section;
          (d) consider any questions relating to compliance 
        with the Treaty or this Protocol;
          (e) consider any new verification technologies having 
        a bearing on the Treaty or this Protocol;
          (f) seek agreement on those matters specified in this 
        Protocol as requiring agreement of the Parties; and
          (g) seek agreement on questions related to costs for 
        verification activities and procedures for reciprocal 
        payments of such costs between the Parties.
    2. If the Parties determine that the periods of time 
specified with respect to notifications in Section IV of this 
Protocol create practical difficulties and do not serve the 
interest of effective implementation of this Protocol, they may 
change such periods of time by agreement in the Bilateral 
Consultative Commission. Such agreed changes shall not be 
considered amendments to the Treaty or this Protocol.
    3. If the Parties determine that, in the interest of 
effective implementation of this Protocol, the arrangements set 
forth in Section X of this Protocol regarding transportation, 
lodging, food, and services require modification, the 
provisions of Section X of this Protocol may be changed by 
agreement of the Parties in the Bilateral Consultative 
Commission. Such agreed changes shall not be considered 
amendments to the Treaty or this Protocol.
    4. If the Parties determine that modifications to 
verification procedures, including modifications resulting from 
improvements in existing technologies, would enhance effective 
implementation of the basic aims of the Treaty or this 
Protocol, they may, in the Bilateral Consultative Commission, 
agree upon such modifications. Such agreed modifications shall 
not be considered amendments to the Treaty or this Protocol.
    5. The Parties, through consultation, shall establish, and 
may amend as appropriate, regulations to govern the operations 
of the Bilateral Consultative Commission.
    6. For each test with respect to which activities related 
to verification are carried out in accordance with this 
Protocol, the Parties shall establish a Coordinating Group of 
the Bilateral Consultative Commission that shall be responsible 
for coordinating the activities of the Verifying Party with the 
activities of the Testing Party. The Bilateral Consultative 
Commission may, as necessary, establish and amend procedures 
governing the activities of the Coordinating Group.
    7. The Coordinating Group shall operate throughout the 
entire period of preparing and carrying out activities related 
to verification of a specific test, until departure of 
Designated Personnel from the territory of the Testing Party.
    8. All members of the Coordinating Group from the Verifying 
Party shall be drawn from the list of Designated Personnel. The 
Representative of the Verifying Party to the Coordinating Group 
shall be the Principal Designated Personnel Team Leader, whose 
name shall be provided simultaneously with the notification of 
intent to carry out activities related to verification of a 
specific test. Within 15 days following receipt of this 
notification, the Testing Party shall provide the Verifying 
Party with the name of its Representative to the Coordinating 
Group.
    9. The first meeting of the Coordinating Group shall be 
convened in the capital of the Testing Party within 25 days 
following notification by the Verifying Party that it intends 
to carry out activities related to verification of a specific 
test. Thereafter, the Coordinating Group shall meet at the 
request of either Party.
    10. On the first day of the first meeting of the 
Coordinating Group, the Testing Party shall present a list, 
including times and durations, of all activities it intends to 
carry out that could affect the rights of the Verifying Party 
provided in this Protocol with respect to activities declared 
by it and related to verification of a specific test. If the 
Verifying Party has provided notification of its intent:
          (a) to use the hydrodynamic yield measurement method 
        or carry out an on-site inspection, the Testing Party 
        shall provide the Verifying Party with the following 
        information:
                  (i) the number of emplacement holes for the 
                specific test;
                  (ii) with respect to each emplacement hole, 
                whether, for the purposes of this Protocol, the 
                emplacement hole shall be deemed vertical or 
                horizontal; and
                  (iii) the number of explosions included in 
                the test and the location of each planned end 
                of each emplacement hole and of the 
                corresponding planned emplacement point, to the 
                nearest 10 meters;
          (b) to use the hydrodynamic yield measurement method 
        with respect to a test of standard configuration that 
        includes more than one explosion, the Testing Party 
        shall provide, in addition to the information specified 
        in subparagraph (a) of this paragraph, the following 
        information:
                  (i) whether any explosion has a planned yield 
                exceeding 50 kilotons, and, if so, which 
                explosion or explosions; and
                  (ii) whether any explosion has a planned 
                yield exceeding 35 kilotons, and, if so, which 
                explosion or explosions; and
          (c) to use the hydrodynamic yield measurement method 
        with respect to a test of non-standard configuration, 
        the Testing Party shall provide the information 
        specified in subparagraphs (a) and (b) of this 
        paragraph, as well as the following information:
                  (i) a detailed description, including 
                dimensions, of each emplacement hole and any 
                access or bypass tunnels connected to each 
                emplacement hole if any portion of an access or 
                bypass tunnel is within the hydrodynamic 
                measurement zone;
                  (ii) the dimensions of each explosive 
                canister and its orientation in the emplacement 
                hole;
                  (iii) the density and dimensions of each 
                choke section; and
                  (iv) the location and configuration of any 
                access or bypass tunnels and any known voids 
                with a volume larger than one cubic meter, 
                within 50 meters of the wall of each 
                emplacement hole within the hydrodynamic 
                measurement zone, and the bulk density of the 
                stemming material if these voids are to be 
                stemmed.
    11. Within 15 days following the convening of the first 
meeting of the Coordinating Group, the Verifying Party shall 
provide the Testing Party, in the Coordinating Group, with a 
list of the activities it intends to carry out, as well as 
those activities provided for in this Protocol that it intends 
not to carry out. The Verifying Party shall also provide the 
Testing Party, in the Coordinating Group, with a preliminary 
statement of its requirements for technical and logistical 
support for the activities related to verification that it 
intends to carry out and whether it will require the Testing 
Party to provide the cables specified in paragraphs 3(a) and 
3(b) of Section VIII of this Protocol for its use. If the 
Verifying Party has notified the Testing Party that it intends 
to use the hydrodynamic yield measurement method with respect 
to a test of non-standard configuration, the Verifying Party 
also shall inform the Testing Party:
          (a) whether it requires a reference test; and
          (b) whether it will actually carry out hydrodynamic 
        yield measurements of the test of non-standard 
        configuration, and, if so, which measurements, and:
                  (i) the number of satellite holes required 
                and the specific distance and azimuth relative 
                to the emplacement hole of the second and third 
                satellite holes, if such are requested by the 
                Verifying Party and, if the Testing Party is 
                unable to prepare the first satellite hole in 
                accordance with the conditions for such hole in 
                the standard configuration, the distance and 
                azimuth of that satellite hole relative to the 
                emplacement hole; and
                  (ii) in which satellite holes the Verifying 
                Party intends to use transducers and associated 
                power supplies.
    12. Within 10 days following receipt by the Testing Party 
of the information specified in paragraph 11 of this Section, 
the Parties, in the Coordinating Group, shall develop and agree 
upon a coordinated schedule, which shall include specific times 
and durations for carrying out activities related to 
verification, ensuring the rights of each Party provided in 
this Protocol, and taking into account the number of Designated 
Personnel that will carry out activities related to 
verification of a specific test in accordance with Sections V, 
VI, and VII of this Protocol. The coordinated schedule shall 
reflect those numbers.
    13. Agreement of the Representative of each Party to the 
Coordinating Group shall constitute agreement of the Parties 
for the purposes of this Protocol with the exception of 
paragraphs 3, 4, 5, 6, and 9 of Section III of this Protocol 
and paragraph 2 of Section XII of this Protocol.
    14. Upon completion of activities related to verification 
of a specific test, the Designated Personnel Team Leader at the 
test site or at each Designated Seismic Station shall prepare a 
written report, in the language of each Party. The report shall 
be factual. It shall list activities carried out by Designated 
Personnel, with dates of their completion, and shall include 
lists of information, data, photographs, and samples obtained 
by Designated Personnel or provided by the Testing Party in 
accordance with this Protocol. The report shall list technical 
and logistical activities carried out by the Testing Party in 
support of activities related to verification. The Designated 
Personnel Team Leader shall include in the report comments on 
any ambiguities not resolved during the carrying out of 
activities related to verification. The Representative of the 
Testing Party may include in the report comments responding to 
these ambiguities. The Designated Personnel Team Leader shall 
complete the report prior to the scheduled departure of 
Designated Personnel from the test site or Designated Seismic 
Station. The Designated Personnel Team Leader and the 
Representative of the Testing Party shall each sign the report 
and retain a copy.
    15. If, in the course of implementing activities related to 
verification of a specific test, in accordance with this 
Protocol, questions arise requiring prompt resolution, such 
questions shall be considered by the Coordinating Group. If the 
Coordinating Group is unable to resolve such questions, they 
shall immediately be referred to the Bilateral Consultative 
Commission for resolution.

                  SECTION XII. RELEASE OF INFORMATION

    1. Nothing in the Treaty and this Protocol shall affect the 
proprietary rights of either Party in information provided by 
it in accordance with the Treaty and this Protocol, or in 
information that may be disclosed to the other Party or that 
may become known to the other Party in preparing for or 
conducting a test. Claims to such proprietary rights, however, 
shall not impede implementation of the provisions of the Treaty 
and this Protocol.
    2. Public release of the information provided in accordance 
with this Protocol or publication of material using such 
information may take place only with the agreement of the 
Testing Party. Public release of the results of observation or 
measurements made by Designated Personnel may take place only 
with the agreement of both Parties.

                     SECTION XIII. ENTRY INTO FORCE

    This Protocol is an integral part of the Treaty. It 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.

    Done at Washington, a duplicate, this first day of June, 
1990, in the English and Russian languages, both texts being 
equally authentic.
 c. Treaty with the Union of Soviet Socialist Republics on Underground 
 Nuclear Explosions for Peaceful Purposes, and the Protocol Thereto \1\

     Done at Washington, D.C. and Moscow, U.S.S.R., May 28, 1976; 
   Ratification advised by the Senate, September 25, 1990; President 
ratified, December 8, 1990; Exchange of ratifications and entered into 
                        force, December 11, 1990

    The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,
---------------------------------------------------------------------------
    \1\ 1714 UNTS 387.

    Proceeding from a desire to implement Article Ill of the 
Treaty between the United States of America and the Union of 
Soviet Socialist Republics on the Limitation of Underground 
Nuclear Weapon Tests, which calls for the earliest possible 
conclusion of an agreement on underground nuclear explosions 
---------------------------------------------------------------------------
for peaceful purposes,

    Reaffirming their adherence to the objectives and 
principles of the Treaty Banning Nuclear Weapon Tests in the 
Atmosphere, in Outer Space and Under Water, the Treaty on Non-
Proliferation of Nuclear Weapons, and the Treaty on the 
Limitation of Underground Nuclear Weapon Tests, and their 
determination to observe strictly the provisions of these 
international agreements,

    Desiring to assure that underground nuclear explosions for 
peaceful purposes shall not be used for purposes related to 
nuclear weapons,

    Desiring that utilization of nuclear energy be directed 
only toward peaceful purposes,

    Desiring to develop appropriately cooperation in the field 
of underground nuclear explosions for peaceful purposes,

    Have agreed as follows:

                               article i

    1. The Parties enter into this Treaty to satisfy the 
obligations in Article Ill of the Treaty on the Limitation of 
Underground Nuclear Weapon Tests, and assume additional 
obligations in accordance with the provisions of this Treaty.
    2. This Treaty shall govern all underground nuclear 
explosions for peaceful purposes conducted by the Parties after 
March 31, 1976.

                               article ii

    For the purposes of this Treaty:
          (a) ``explosion'' means any individual or group 
        underground nuclear explosion for peaceful purposes;
          (b) ``explosive'' means any device, mechanism or 
        system for producing an individual explosion;
          (c) ``group explosion'' means two or more individual 
        explosions for which the time interval between 
        successive individual explosions does not exceed five 
        seconds and for which the emplacement points of all 
        explosives can be interconnected by straight line 
        segments, each of which joins two emplacement points 
        and each of which does not exceed 40 kilometers.

                              article iii

    1. Each Party, subject to the obligations assumed under 
this Treaty and other international agreements, reserves the 
right to:
          (a) carry out explosions at any place under its 
        jurisdiction or control outside the geographical 
        boundaries of test sites specified under the provisions 
        of the Treaty on the Limitation of Underground Nuclear 
        Weapon Tests; and
          (b) carry out, participate or assist in carrying out 
        explosions in the territory of another State at the 
        request of such other State.
    2. Each Party undertakes to prohibit, to prevent and not to 
carry out at any place under its jurisdiction or control, and 
further undertakes not to carry out, participate or assist in 
carrying out anywhere:
          (a) any individual explosion having a yield exceeding 
        150 kilotons;
          (b) any group explosion:
                  (1) having an aggregate yield exceeding 150 
                kilotons except in ways that will permit 
                identification of each individual explosion and 
                determination of the yield of each individual 
                explosion in the group in accordance with the 
                provisions of Article IV of and the Protocol to 
                this Treaty;
                  (2) having an aggregate yield exceeding one 
                and one-half megatons;
          (c) any explosion which does not carry out a peaceful 
        application;
          (d) any explosion except in compliance with the 
        provisions of the Treaty Banning Nuclear Weapon Tests 
        in the Atmosphere, in Outer Space and Under Water, the 
        Treaty on the Non-Proliferation of Nuclear Weapons, and 
        other international agreements entered into by that 
        Party.
    3. The question of carrying out any individual explosion 
having a yield exceeding the yield specified in paragraph 2(a) 
of this article will be considered by the Parties at an 
appropriate time to be agreed.

                               article iv

    1. For the purpose of providing assurance of compliance 
with the provisions of this Treaty, each Party shall:
          (a) use national technical means of verification at 
        its disposal in a manner consistent with generally 
        recognized principles of international law; and
          (b) provide to the other Party information and access 
        to sites of explosions and furnish assistance in 
        accordance with the provisions set forth in the 
        Protocol to this Treaty.
    2. Each Party undertakes not to interfere with the national 
technical means of verification of the other Party operating in 
accordance with paragraph 1(a) of this article, or with the 
implementation of the provisions of paragraph 1(b) of this 
article.

                               article v

    1. To promote the objectives and implementation of the 
provisions of this Treaty, the Parties shall establish promptly 
a Joint Consultative Commission within the framework of which 
they will:
          (a) consult with each other, make inquiries and 
        furnish information in response to such inquiries, to 
        assure confidence in compliance with the obligations 
        assumed;
          (b) consider questions concerning compliance with the 
        obligations assumed and related situations which may be 
        considered ambiguous;
          (c) consider questions involving unintended 
        interference with the means for assuring compliance 
        with the provisions of this Treaty;
          (d) consider changes in technology or other new 
        circumstances which have a bearing on the provisions of 
        this Treaty; and
          (e) consider possible amendments to provisions 
        governing underground nuclear explosions for peaceful 
        purposes.
    2. The Parties through consultation shall establish, and 
may amend as appropriate, Regulations for the Joint 
Consultative Commission governing procedures, composition and 
other relevant matters.

                               article vi

    1. The Parties will develop cooperation on the basis of 
mutual benefit, equality, and reciprocity in various areas 
related to carrying out underground nuclear explosions for 
peaceful purposes.
    2. The Joint Consultative Commission will facilitate this 
cooperation by considering specific areas and forms of 
cooperation which shall be determined by agreement between the 
Parties in accordance with their constitutional procedures.
    3. The Parties will appropriately inform the International 
Atomic Energy Agency of results of their cooperation in the 
field of underground nuclear explosions for peaceful purposes.

                              article vii

    1. Each Party shall continue to promote the development of 
the international agreement or agreements and procedures 
provided for in Article V of the Treaty on the Non-
Proliferation of Nuclear Weapons, and shall provide appropriate 
assistance to the International Atomic Energy Agency in this 
regard.
    2. Each Party undertakes not to carry out, participate or 
assist in the carrying out of any explosion in the territory of 
another State unless that State agrees to the implementation in 
its territory of the international observation and procedures 
contemplated by Article V of the Treaty on the Non-
Proliferation of Nuclear Weapons and the provisions of Article 
IV of the Protocol to this Treaty, including the provision by 
that State of the assistance necessary for such implementation 
and of the privileges and immunities specified in the Protocol.

                              article viii

    1. This Treaty shall remain in force for a period of five 
years, and it shall be extended for successive five-year 
periods unless either Party notifies the other of its 
termination no later than six months prior to its expiration. 
Before the expiration of this period the Parties may, as 
necessary, hold consultations to consider the situation 
relevant to the substance of this Treaty. However, under no 
circumstances shall either Party be entitled to terminate this 
Treaty while the Treaty on the Limitation of Underground 
Nuclear Weapon Tests remains in force.
    2. Termination of the Treaty on the Limitation of 
Underground Nuclear Weapon Tests shall entitle either Party to 
withdraw from this Treaty at any time.
    3. Each Party may propose amendments to this Treaty. 
Amendments shall enter into force on the day of the exchange of 
instruments of ratification of such amendments.

                               article ix

    1. This Treaty including the Protocol which forms an 
integral part hereof, shall be subject to ratification in 
accordance with the constitutional procedures of each Party. 
This Treaty shall enter into force on the day of the exchange 
of instruments of ratification which exchange shall take place 
simultaneously with the exchange of instruments of ratification 
of the Treaty on the Limitation of Underground Nuclear Weapon 
Tests.
    2. This Treaty shall be registered pursuant to Article 102 
of the Charter of the United Nations.

    Done at Washington and Moscow, on May 28, 1976, in 
duplicate, in the English and Russian languages, both texts 
being equally authentic.
                              ----------                              


THE PROTOCOL TO THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE 
 UNION OF SOVIET SOCIALIST REPUBLICS ON UNDERGROUND NUCLEAR EXPLOSIONS 
                       FOR PEACEFUL PURPOSES \2\

    The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,

    Confirming the provisions of the Treaty between the United 
States of America and the Union of Soviet Socialist Republics 
on Underground Nuclear Explosions for Peaceful Purposes of May 
28, 1976, hereinafter referred to as the Treaty,
---------------------------------------------------------------------------
    \2\ 1714 UNTS 440.

    Taking into account the fact that nuclear explosions for 
peaceful purposes are conducted outside national nuclear tests 
---------------------------------------------------------------------------
sites under various geological conditions,

    Convinced of the necessity to ensure effective verification 
of compliance with the Treaty,

    Have agreed as follows:

                         SECTION I. DEFINITIONS

    In addition to the definitions of terms set forth in 
Article II of the Treaty, for the purposes of this Protocol:
    1. The term ``emplacement hole'' means the entire interior 
of any drill hole, shaft, adit or tunnel in which an explosive, 
associated cables, and other equipment are installed for the 
purposes of carrying out an explosion.
    2. The term ``Verifying Party'' means the Party entitled to 
carry out, in accordance with this Protocol, activities related 
to verification of compliance with the Treaty by the Party 
carrying out an explosion.
    3. The term ``Designated Personnel'' means personnel 
appointed by the Verifying Party from among its nationals and 
included on its list of Designated Personnel, in accordance 
with Section IX of this Protocol, to carry out activities 
related to verification, in accordance with this Protocol, in 
the territory of the Party carrying out the explosion.
    4. The term ``Transport Personnel'' means personnel 
appointed by the Verifying Party from among its nationals and 
included on its list of Transport Personnel, in accordance with 
this Protocol, to provide transportation for Designated 
Personnel, their baggage, and equipment of the Verifying Party 
between the territory of the Verifying Party and the point of 
entry in the territory of the Party carrying out the explosion.
    5. The term ``point of entry'' means Washington, D.C. 
(Dulles International Airport) with respect to the United 
States of America; and Moscow (Sheremetyevo-2 Airport) with 
respect to the Union of Soviet Socialist Republics. Other 
locations may serve as points of entry for specific explosions, 
as agreed by the Parties.
    6. The term ``on-site inspection'' means activities carried 
out by the Verifying Party in the territory of the Party 
carrying out the explosion, in accordance with Section VII of 
this Protocol, for the purposes of independently obtaining data 
on conditions under which the explosion will be conducted and 
confirming the validity of data provided by the Party carrying 
out the explosion.
    7. The term ``hydrodynamic yield measurement method'' means 
the method whereby the yield of an explosion is derived from 
on-site, direct measurement of the position of the shock front 
as a function of time during the hydrodynamic phase of the 
ground motion produced by the explosion.
    8. The term ``local seismic network'' means the array of 
seismic stations and the control point temporarily deployed, in 
accordance with this Protocol, for the purpose of identifying 
the number of individual explosions in a specific group 
explosion.
    9. The term ``Joint Consultative Commission'' means the 
Commission established in accordance with Article V of the 
Treaty.
    10. The term ``Coordinating Group'' means a working group 
of the Joint Consultative Commission, established in accordance 
with Section XI of this Protocol.
    11. The term ``Nuclear Risk Reduction Centers'' means the 
Centers located in Washington, D.C., and Moscow, established in 
accordance with the Agreement Between the United States of 
America and the Union of Soviet Socialist Republics on the 
Establishment of Nuclear Risk Reduction Centers of September 
15, 1987.

              SECTION II. EXPLOSION DEPTH AND COMPOSITION

    1. No explosion shall be conducted at a distance in meters 
from the ground surface less than 30 times the 3.4 root of the 
planned yield of that explosion in kilotons.
    2. No group explosion shall have an aggregate yield 
exceeding 150 kilotons unless the Parties agree on specific 
procedures to implement appropriate provisions of this Protocol 
so as to permit identification of each individual explosion and 
determination of the yield of each individual explosion in the 
group.
    3. No explosion having a planned yield exceeding 35 
kilotons shall be conducted in a cavity having a volume 
exceeding 20,000 cubic meters, unless the Parties agree on 
verification measures for such an explosion.

                   SECTION III. VERIFICATION MEASURES

    1. For the purposes of the Treaty, all underground nuclear 
explosions conducted outside national nuclear test sites shall 
be considered underground nuclear explosions for peaceful 
purposes subject to all the provisions of the Treaty. For 
purposes of verification of compliance with the Treaty, in 
addition to using available national technical means, the 
Verifying Party shall have the right:
          (a) to use the hydrodynamic yield measurement method, 
        in accordance with Section V of this Protocol, to 
        measure the yield of each explosion that the Party 
        carrying out the explosion notifies, in accordance with 
        paragraph 3 of Section IV of this Protocol, to have a 
        planned yield exceeding 50 kilotons;
          (b) to use the hydrodynamic yield measurement method, 
        in accordance with Section V of this Protocol, to 
        monitor the yield of each individual explosion in a 
        group explosion that the Party carrying out the 
        explosion notifies, in accordance with paragraph 3 of 
        Section IV of this Protocol, to have a planned 
        aggregate yield exceeding 50 kilotons;
          (c) to use, in conjunction with the use of the 
        hydrodynamic yield measurement method, a local seismic 
        network, in accordance with Section VI of this 
        Protocol, for each group explosion that the Party 
        carrying out the explosion notifies, in accordance with 
        paragraph 3 of Section IV of this Protocol, to have a 
        planned aggregate yield exceeding 150 kilotons, and
          (d) to carry out on-site inspection, in accordance 
        with Section VII of this Protocol, with respect to any 
        explosion that the Party carrying out the explosion 
        notifies, in accordance with paragraph 3 of Section IV 
        of this Protocol, to have a planned yield exceeding 35 
        kilotons, and, with respect to any explosion having a 
        planned yield exceeding 50 kilotons, only if the 
        Verifying Party has decided not to use the hydrodynamic 
        yield measurement method.
    2. The Party carrying out the explosion shall bear full 
responsibility for, and have exclusive control over, the 
conduct of the explosion.
    3. Designated Personnel shall be responsible for the 
working of their equipment, its timely installation and 
operation, for participating in such operations, including dry 
runs, as the Party carrying out the explosion may request, and 
for recording data at the time of the explosion. The Party 
carrying out the explosion shall be under no obligation to 
change the time of the explosion because of any malfunction of 
the equipment of the Verifying Party or inability of Designated 
Personnel to carry out their functions, unless actions of the 
Party carrying out the explosion have caused such a situation 
to arise.

    SECTION IV. NOTIFICATIONS AND INFORMATION RELATING TO EXPLOSIONS

    1. Unless the Parties otherwise agree, all notifications 
provided for in this Protocol shall be transmitted through the 
Nuclear Risk Reduction Centers. The Nuclear Risk Reduction 
Centers may also be used, as appropriate, to transmit other 
information provided in accordance with this Protocol.
    2. Not later than July 1 following entry into force of the 
Treaty, and each July 1 thereafter, each Party shall inform the 
other Party whether or not it intends to conduct, during the 
following calendar year, any individual or group explosion for 
peaceful purposes having a planned aggregate yield exceeding 35 
kilotons, and if so, how many. On the date of entry into force 
of the Treaty, information specified by this paragraph shall be 
provided by each Party for the remainder of the calendar year 
in which the Treaty enters into force and for the period from 
January 1 through December 31 of the succeeding year. In the 
event of changes in the information provided in accordance with 
this paragraph, such changes shall be immediately provided to 
the other Party.
    3. No less than 180 days prior to the planned date of the 
beginning of emplacement of the explosive or explosives for 
every explosion having a planned yield exceeding 35 kilotons, 
the Party carrying out the explosion shall notify the Verifying 
Party of its intention to carry out the explosion and shall 
provide the Verifying Party with the following information, to 
the extent and degree of accuracy available at the time when it 
is provided:
          (a) the planned date of the explosion;
          (b) the planned date of the beginning of emplacement 
        of the explosive or explosives;
          (c) the purpose of the explosion;
          (d) the location of the explosion, expressed in 
        geographic coordinates to the nearest minute;
          (e) the planned yield of the explosion;
          (f) the number of explosives, and the planned yield 
        of each individual explosive;
          (g) the planned depth of emplacement of each 
        explosive to the nearest 10 meters;
          (h) the type or types of rock in which the explosion 
        will take place, including the depth of the water 
        table; and
          (i) a description of specific technological features 
        of the project of which the explosion is a part that 
        may affect determination of its yield and confirmation 
        of its purpose.
    4. Following receipt of information specified in paragraph 
3 of this Section, the Verifying Party shall inform the Party 
carrying out the explosion, no less than 150 days prior to the 
planned date of the beginning of emplacement of explosives, in 
a single notification, whether or not it intends to carry out 
one of the following activities related to verification:
          (a) with respect to an explosion having a planned 
        yield exceeding 35 kilotons, to carry out on-site 
        inspection in accordance with Section VII of this 
        Protocol; or
           (b) with respect to an explosion having a planned 
        yield exceeding 50 kilotons, to use the hydrodynamic 
        yield measurement method, in accordance with Section V 
        of this Protocol, and, with respect to a group 
        explosion having a planned aggregate yield exceeding 
        150 kilotons, to use, in conjunction with the 
        hydrodynamic yield measurement method, a local seismic 
        network, in accordance with Section VI of this 
        Protocol.
    5. If the Verifying Party:
          (a) declares its intention not to conduct activities 
        described in paragraphs 4(a) and 4(b) of this Section, 
        it shall thereby forfeit its right to conduct such 
        activities unless the Party carrying out the explosion 
        provides notification, in accordance with paragraph 9 
        of this Section, of a change in the location by more 
        than one minute of latitude or longitude or of a change 
        in the planned date of the explosion that changes the 
        date indicated in the initial notification by 60 days 
        or more. Within 30 days of notification by the Party 
        carrying out the explosion of any such change in 
        location or planned date of the explosion, the 
        Verifying Party shall have the right to revise the 
        notification it provided in accordance with paragraph 4 
        of this Section. In the event the Verifying Party 
        elects to revise its notification and to use the 
        hydrodynamic yield measurement method or to carry out 
        on-site inspection, the beginning of emplacement of 
        explosives shall not occur less than 90 days from the 
        date of the Verifying Party's revised notification, 
        unless the Parties otherwise agree. The Party carrying 
        out the explosion shall thereafter provide the 
        Verifying Party with the information specified in 
        paragraph 6 or 7 of this Section; or
          (b) decides not to conduct the activities related to 
        verification specified by it in its initial 
        notification, after technical and logistical support 
        requirements for these activities have been agreed upon 
        in the Coordinating Group, in accordance with paragraph 
        6 of Section XI of this Protocol, the Verifying Party 
        shall reimburse the Party carrying out the explosion 
        for costs for such technical and logistical support 
        incurred by the party carrying out the explosion prior 
        to receipt of notification that the Verifying Party 
        will not carry out the initially-declared activities 
        related to verification.
    6. In the event of receipt by the Party carrying out the 
explosion of notification from the Verifying Party of its 
intent to use the hydrodynamic yield measurement method, the 
Party carrying out the explosion shall provide the Verifying 
Party not less than 60 days prior to the planned date of the 
beginning of emplacement of explosives with the following 
information:
          (a) the number of explosives; the planned yield of 
        each explosive; the planned depth of emplacement of 
        each explosive with an accuracy of 10 meters; the 
        planned point of emplacement of each explosive to be 
        used in a group explosion relative to all other 
        explosives in the group with an accuracy of 10 percent 
        of the distance between that explosive and the nearest 
        other explosive, but in no case shall the error be 
        greater than 100 meters; and the planned time intervals 
        between individual explosions in each group explosion 
        with an accuracy of 0.1 second;
          (b) a description of the geological and geophysical 
        characteristics of the site of each explosion that 
        could influence determination of the yield, which shall 
        include: the depth of the water table; a stratigraphic 
        column above each emplacement point; the position of 
        each emplacement point relative to nearby geological 
        and other features than influenced the design of the 
        project of which the explosion is a part; and the 
        estimated physical parameters of the rock within each 
        hydrodynamic measurement zone, including bulk density, 
        grain density, compressional and shear-wave velocities, 
        porosity, and total water content;
          (c) the locations and purposes of facilities and 
        installations that are associated with the conduct of 
        the explosion;
          (d) the planned date of the beginning of emplacement 
        of each explosive;
          (e) a topographic chart, marked with geographic 
        coordinates accurate to one minute of latitude and 
        longitude, of the areas circumscribed by circles of 15 
        kilometer radius centered on points on the surface of 
        the earth above the points of emplacement of each 
        explosive, at a scale of 1 : 24,000 or 1 : 25,000 with 
        a contour interval of 10 meters or less. The planned 
        location of each explosive shall be marked on this 
        chart with an accuracy of 50 meters;
          (f) the length of each canister in which an explosive 
        will be contained, hereinafter referred to as an 
        explosive canister;
          (g) the dimensions of any pipe or other device that 
        will be used to emplace each explosive canister;
          (h) the planned cross-sectional dimensions of each 
        emplacement hole within the hydrodynamic measurement 
        zones;
          (i) a description of materials, including their 
        densities, to be used to stem the emplacement hole 
        within each hydrodynamic measurement zone; and
          (j) the location and configuration of any known voids 
        larger in volume than one cubic meter within each 
        hydrodynamic measurement zone.
    7. In the event of receipt by the Party carrying out the 
explosion of notification from the Verifying Party of its 
intent to carry out on-site inspection, the Party carrying out 
the explosion shall provide the Verifying Party, not less than 
60 days prior to the planned date of the beginning of 
emplacement of explosives, with the following information:
          (a) the number of explosives; the planned yield of 
        each explosive; the planned depth of emplacement of 
        each explosive with an accuracy of 10 meters; the 
        planned point of emplacement of each explosive to be 
        used in a group explosion relative to all other 
        explosives in the group with an accuracy of 10 percent 
        of the distance between that explosive and the nearest 
        other explosive, but in no case shall the error be 
        greater than 100 meters; and the planned time intervals 
        between individual explosions in each group explosion 
        with an accuracy of 0.1 second;
          (b) a description of the geological and geophysical 
        characteristics of the site of each explosion that 
        could influence determination of the yield, which shall 
        include: the depth of the water table; a lithologic 
        column above each emplacement point; the position of 
        each emplacement point relative to nearby geological 
        and other features that influenced the design of the 
        project of which the explosion is a part; and the 
        estimated physical parameters of the rock within each 
        hydrodynamic measurement zone, including bulk density, 
        grain density, porosity, and total water content;
          (c) the locations and purposes of facilities and 
        installations that are associated with the conduct of 
        the explosive;
          (d) the planned date of the beginning of emplacement 
        of each explosive;
          (e) a topographic chart, marked with geographic 
        coordinates accurate to one minute of latitude and 
        longitude, of the areas circumscribed by circles of 15 
        kilometer radius centered on points on the surface of 
        the earth above the points of emplacement of each 
        explosive, at a scale of 1 : 24,000 or 1 : 25,000 with 
        a contour interval of 10 meters or less. The planned 
        location of each explosive shall be marked on this 
        chart with an accuracy of 50 meters;
          (f) the planned cross-sectional dimensions of each 
        emplacement hole within the hydrodynamic measurement 
        zones; and
          (g) the location and configuration of any known voids 
        larger in volume than one cubic meter within each 
        hydrodynamic measurement zone.
    8. For each explosion, the Party carrying out the explosion 
shall inform the Verifying Party, no less than two days prior 
to the explosion, of the planned time of detonation of each 
explosive, with an accuracy of 0.1 second. In the event the 
Party carrying the explosion decides to change the detonation 
time, the Verifying Party shall be notified of this change 
immediately after this decision has been taken. No more than 10 
days following the explosion the Verifying Party shall be 
informed of the actual detonation time.
    9. The Party carrying out the explosion shall immediately 
notify the Verifying Party of any change in any information 
provided in accordance with paragraph 3, 6, or 7 of this 
Section. If the Verifying Party has provided notification under 
paragraph 4 of this Section of its decision to use the 
hydrodynamic yield measurement method or to carry out on-site 
inspection, the emplacement of explosives shall not begin less 
than 90 days following notification of any change in any 
information provided in accordance with paragraph 3, 6, or 7 of 
this Section that requires more extensive verification 
procedures than are required on the basis of initial 
information, unless an earlier date for the beginning of 
emplacement of explosives has been agreed upon by the Parties. 
Such changes include:
          (a) change in the location of the explosion by more 
        than one minute of latitude or longitude;
          (b) change in the number of explosives in a group 
        explosion;
          (c) change in the yield of the explosion;
          (d) change in the purpose of the explosion; and
          (e) delay in the planned date of the explosion by 
        more than 90 days.
    10. In using an explosion to decrease the consequences of 
an emergency situation related to an unforeseen set of 
circumstances and requiring immediate action, by virtue of 
which it would be practically impossible to adhere to the 
requirements of paragraph 3 of this Section concerning the time 
period, the following conditions shall be fulfilled:
          (a) the Party making the decision to carry out an 
        explosion for such a purpose shall notify the Verifying 
        Party of this decision immediately after it has been 
        made and shall describe the circumstances and provide 
        the planned yield for such an explosion;
          (b) the planned aggregate yield for such an explosion 
        shall not exceed 100 kilotons and the explosion shall 
        not include more than three individual explosions, 
        unless the Parties otherwise agree;
          (c) the Party carrying out such an explosion shall 
        provide the Verifying Party with the information 
        specified in paragraphs 3 and 6 of this Section, to the 
        extent such information is available, after making the 
        decision on carrying out the explosion, but no less 
        than 60 days prior to the beginning of emplacement of 
        explosives; and
          (d) if, within 15 days following receipt of 
        notification of such an explosion, the Verifying Party 
        has made the decision to carry out verification of that 
        explosion using the hydrodynamic yield measurement 
        method, it shall deliver hydrodynamic yield measurement 
        equipment to the point of entry in the territory of the 
        Party carrying out the explosion no less than 35 days 
        prior to the planned date of the beginning of 
        emplacement of explosives, in accordance with 
        paragraphs 8(b), 8(c), 8(d), 8(e), and 8(f) of Section 
        VIII of this Protocol. This equipment shall be handed 
        over, in the same condition as that in which it was 
        received, to Designated Personnel at the site of the 
        explosion for emplacement, installation, and use no 
        less than 20 days prior to the planned date of the 
        beginning of emplacement of explosives.
    11. The Party carrying out an explosion shall have the 
right to make changes in the schedule of operations related to 
the conduct of the explosion. In the event the Verifying Party 
exercises its rights to use the hydrodynamic yield measurement 
method or to carry out on-site inspection, in accordance with 
Section III of this Protocol, the Party carrying out the 
explosion shall immediately inform the Verifying Party of any 
such change in the schedule of operations. In the event the 
Verifying Party has provided notification, under paragraph 5 of 
this Section, of its decision to use the hydrodynamic yield 
measurement method or to carry out on-site inspection, the 
explosion shall not be carried out more than five days prior to 
the planned date of the explosion indicated in the initial 
notification, unless the Parties otherwise agree.
    12. The Verifying Party may at any time, but no more than 
one year after the explosion, request from the Party carrying 
out the explosion clarification of any point of information 
provided in accordance with this Section. Such clarification 
shall be provided in the shortest possible time, but no more 
than 30 days following receipt of a request.

            SECTION V. HYDRODYNAMIC YIELD MEASUREMENT METHOD

    1. The hydrodynamic measurement zone for each explosive 
means a cylindrical region coaxial with the emplacement hole of 
that explosive. This region extends in the direction of the 
entrance to the emplacement hole intersects a spherical surface 
whose radius, measured from the midpoint of the canister 
containing the explosive, is equal in meters to 10 times the 
cube root of the planned yield in kilotons of that explosive, 
or 25 meters, whichever is greater. The length of this region 
in the opposite direction from the same midpoint of the 
canister is equal in meters to three times the cube root of the 
planned yield in kilotons of that explosive, or 7.5 meters, 
whichever is greater. The radius of this region is equal in 
meters to three times the cube root of the planned yield in 
kilotons of that explosive, or 7.5 meters, whichever is 
greater.
    2. For hydrodynamic yield measurement the following 
procedures shall apply:
          (a) Designated Personnel shall emplace, for each 
        explosive, the equipment specified in paragraph 5(a) of 
        Section VIII of this Protocol in the same emplacement 
        hole as the explosive. The equipment specified in 
        paragraphs 5(a) and 5(b) of Section VIII of this 
        Protocol shall be installed, in accordance with 
        installation instructions provided in accordance with 
        paragraph 8(a)(i) of Section VIII of this Protocol, by 
        Designated Personnel under observation of personnel of 
        the Party carrying out the explosion and with their 
        assistance, if Designated Personnel have requested such 
        assistance. The location of each recording facility and 
        the command and monitoring facility of the Verifying 
        Party shall be determined by agreement of the Parties 
        with respect to each particular explosion. This 
        equipment shall be operated by Designated Personnel;
          (b) for each explosive, the equipment specified in 
        paragraph 5(a) of Section VIII of this Protocol shall 
        be installed so that the end point of the equipment 
        farthest from the emplacement hole entrance is three 
        meters from the surface of the explosive canister 
        closest to the emplacement hole entrance as measured 
        along the axis of the emplacement hold. The location of 
        this equipment relative to the axis of the emplacement 
        hole shall be agreed upon by the Parties. No more than 
        six sensor channels shall be installed for each 
        explosive. Each Party shall make documented records of 
        measured distances to the sensors. These records shall 
        be exchanged by the Parties;
          (c) explosive canisters with a length greater than 10 
        meters or a diameter greater than three meters shall be 
        used only if prior agreement has been reached between 
        the Parties establishing, in each specific case, 
        provisions for their use; and
          (d) the Party carrying out the explosion shall fill 
        all voids other than the explosive canister within the 
        hydrodynamic measurement zone of each explosive in each 
        emplacement hole with stemming material. This stemming 
        material, beginning no more than three meters from each 
        explosive canister cover towards the entrance of the 
        hole, and proceeding in that direction, shall have a 
        bulk density no less than 70 percent of the average 
        density of the surrounding rock. An alternate stemming 
        material may be used for filling the remainder of the 
        hydrodynamic measurement zone of that explosive. For 
        any explosive emplaced in an emplacement hole whose 
        diameter is less than 30 centimeters and emplaced at a 
        distance of more than 1.5 kilometers from the entrance 
        of the hole, an alternate stemming material may be used 
        for filling the entire hydrodynamic measurement zone of 
        that explosive. If more than one explosive is emplaced 
        in a single emplacement hole, the Parties shall agree 
        upon an alternate stemming material for filling the 
        entire hydrodynamic measurement zone of each explosive 
        other than the explosive nearest the entrance of the 
        emplacement hole is the emplacement hole diameter is 
        greater than 30 centimeters but less than 60 
        centimeters. Any alternate stemming material shall have 
        a bulk density no less than 1.2 grams per cubic 
        centimeter. Pipes located within the hydrodynamic 
        measurement zone need not be filled with stemming 
        material if they have a cross-sectional area less than 
        10 square centimeters, or if they have a cross-
        sectional area less than 100 square centimeters and a 
        length less than one meter. Costs incurred by the Party 
        carrying out the explosion to ensure, within the 
        hydrodynamic measurement zone, a density of stemming 
        material no less than 70 percent of the average density 
        of the surrounding rock shall be borne by the Verifying 
        Party.
    3. For a group explosion the Party carrying out the 
explosion shall ensure that the emplacement point of each 
explosive canister, the detonation sequence, and the time 
intervals between individual explosions are such that no 
explosion in the group shall interfere with the hydrodynamic 
yield measurement of any other individual explosion. With the 
exception of group explosions provided for in paragraph 2 of 
Section II of this Protocol, if the technological 
characteristics of the project of which the group explosion is 
a part make it impossible to satisfy this requirement, the 
Parties, prior to the beginning of emplacement of explosives, 
shall agree upon alternative hydrodynamic or other verification 
procedures.
    4. In preparation for the use of the hydrodynamic yield 
measurement method, the Verifying Party shall have the right to 
confirm the validity of the geological and geophysical 
information provided in accordance with Section IV of this 
Protocol, in accordance with the following procedures:
          (a) Designated Personnel may analyze relevant studies 
        and measurement data, including logging data, of the 
        Party carrying out the explosion, the core samples or 
        rock fragments extracted from each emplacement hole 
        within the hydrodynamic measurement zone, as well as 
        any logging data and core samples from existing 
        exploratory holes, which shall be provided to 
        Designated Personnel upon their arrival at the 
        explosion site, if the Party carrying out the explosion 
        carried out relevant studies, measurements, and coring; 
        and
          (b) Designated Personnel shall have the right to 
        observe logging and the extraction of core samples or 
        rock fragments from locations agreed upon by the 
        Parties within the hydrodynamic measurement zone in the 
        emplacement hole or from an exploratory hole at depth 
        intervals agreed upon by the Parties. Any such 
        exploratory hole shall be no farther from the 
        emplacement hole than a distance in meters of 10 times 
        the cube root of the planned yield in kilotons of the 
        emplaced explosive; or
          (c) if the Party carrying out the explosion does not 
        take core samples or rock fragments in accordance with 
        subparagraph (b) of this paragraph or does not drill an 
        exploratory hole meeting the requirements specified in 
        subparagraph (b) or this paragraph, the Verifying Party 
        shall have the right to extract sidewall rock samples 
        from the emplacement hole with its own equipment, to 
        drill such an exploratory hole, and to core this hole. 
        Such operations shall be conducted in the presence of 
        personnel of the Party carrying out the explosion. Such 
        an exploratory hole shall be stemmed by the Party 
        carrying out the explosion, at the expense of the 
        Verifying Party; and
          (d) Designated Personnel shall have the right to 
        examine and remove from the territory of the Party 
        carrying out the explosion logging data, core samples, 
        sidewall rock samples, and rock fragments referred to 
        in subparagraphs (a), (b), and (c) of this paragraph, 
        as selected by Designated Personnel.
    5. While using the hydrodynamic yield measurement method, 
Designated Personnel shall have the right:
          (a) to confirm by direct measurement the validity of 
        the information provided in accordance with paragraphs 
        6(f), 6(g), and 6(h) of Section IV of this Protocol;
          (b) to confirm the validity of the information 
        provided in accordance with paragraph 6(i) of Section 
        IV of this Protocol, and to receive, upon request, a 
        sample of each batch of stemming material as this 
        material is placed in the emplacement hole within the 
        hydrodynamic measurement zone; and
          (c) to confirm the validity of the information 
        provided in accordance with paragraphs 6(b) and 6(j) of 
        Section IV of this Protocol, by observing, upon 
        request, relevant field measurements being made by the 
        Party carrying out the explosion if such measurements 
        are made by the Party carrying out the explosion, and 
        by making field measurements with its own logging 
        equipment, to include determination of the location and 
        configuration of any voids within each hydrodynamic 
        measurement zone or, at the option of the Verifying 
        Party under leasing conditions, with the logging 
        equipment of the Party carrying out the explosion, if 
        the Party carrying out the explosion has such 
        equipment. Such field measurements shall be made in the 
        presence of personnel of both Parties. All of the data 
        produced by either Party, including calibration data, 
        shall be duplicated, and one copy of the data shall be 
        provided to each Party. Calibration data for the 
        equipment shall include information to confirm the 
        sensitivity of the equipment under the conditions in 
        which it is utilized for this explosion.
    6. Designated Personnel shall have the right:
          (a) to have access to the site of the explosion and 
        to facilities and structures related to the conduct of 
        the explosion, along agreed routes;
          (b) to observe the emplacement of each explosive 
        canister, to confirm, by direct measurement, the depth 
        of emplacement of each explosive canister and, for 
        explosives in a group, the relative location of their 
        points of emplacement, and to observe the stemming of 
        each emplacement hole;
          (c) to have access to their equipment associated with 
        the use of the hydrodynamic yield measurement method 
        from commencement of its use by Designated Personnel at 
        the explosion site until the departure of all personnel 
        from the explosion area prior to the explosion;
          (d) to unimpeded visual observation of the entrance 
        area to each emplacement hole at any time from the 
        moment of emplacement of each explosive until the 
        departure of all personnel from the explosion area 
        prior to the explosion;
          (e) to observe remotely by means of closed-circuit 
        television equipment their hydrodynamic yield 
        measurement equipment specified in paragraphs 5(b) and 
        5(c) of Section VIII of this Protocol;
          (f) to observe the explosion; and
          (g) to monitor electrically the integrity and 
        performance of their equipment in each recording 
        facility from the command and monitoring facility, to 
        transmit the hydrodynamic yield measurement data from 
        each recording facility to the command and monitoring 
        facility, and to transmit the commands required for 
        operation of each recording facility from the command 
        and monitoring facility to each recording facility.
    7. The Party carrying out the explosion shall produce, at 
the request of the Verifying Party, a timing reference command 
signal to each recording facility at two minutes, plus or minus 
100 milliseconds, before the moment of the explosion, or before 
the first explosion in a group, and a zero-time reference 
signal to each corresponding recording facility for each 
explosion, with an accuracy of plus or minus one microsecond. 
The parameters for these signals, produced by the Party 
carrying out the explosion, and procedures for their 
transmission and reception shall be agreed upon by the Parties. 
At the Verifying Party's option, it shall have the right to 
generate a timing reference signal for each explosion, using 
the electromagnetic pulse from its hydrodynamic measurement 
cables. These timing reference signals shall be transmitted, 
used, and recorded by the Verifying Party with out intervention 
by the Party carrying out the explosion.
    8. Designated Personnel shall have the right to acquire 
photographs taken by the Party carrying out the explosion, with 
photographic cameras provided by the Verifying Party, under the 
following conditions:
          (a) the Party carrying out the explosion shall 
        identify those of its personnel who will take 
        photographs;
          (b) photographs shall be taken as requested by, and 
        in the presence of, Designated Personnel. If requested 
        by Designated Personnel, such photographs shall show 
        the size of an object by placing a measuring scale, 
        provided by the Verifying Party, alongside that object 
        during the photographing;
          (c) Designated Personnel shall determine whether 
        photographs conform to those requested and, if not, 
        repeat photographs shall be taken; and
          (d) before completion if any photographed operation 
        related to emplacement, and prior to the time at which 
        an object being photographed becomes permanently hidden 
        from view, Designated Personnel shall determine whether 
        requested photographs are adequate. If they are not 
        adequate, before the operation shall proceed, 
        additional photographs shall be taken until the 
        Designated Personnel determine that the photographs of 
        that operation are adequate. This photographic process 
        shall be carried out as expeditiously as possible, and 
        in no case shall the hours for each emplacement 
        operation, unless the Parties otherwise agree.
    9. Designated Personnel shall have the right to obtain 
photographs of the following:
          (a) the exterior of installations and structures 
        associated with the conduct of the explosion;
          (b) the emplacement of each explosive canister and 
        stemming of each emplacement hole as specified in 
        paragraph 6(b) of this Section;
          (c) geological samples used for confirming the 
        validity of geological and geophysical information as 
        provided for in paragraph 4 of this Section, and 
        equipment used in obtaining such samples;
          (d) emplacement and installation of hydrodynamic 
        yield measurement method equipment and cables 
        associated with it;
          (e) containers, facilities and structures for storing 
        and operating the equipment used by Designated 
        Personnel; and
          (f) with the agreement of the Party carrying out the 
        explosion, other activities of Designated Personnel 
        directly related to the use of the hydrodynamic yield 
        measurement method.
    10. Equipment identified by the Party carrying out the 
explosion, in accordance with paragraph 8(h) of Section VIII of 
this Protocol, as unacceptable for use at the time of the 
explosion shall be sealed by both Parties and placed in the 
custody of the Party carrying out the explosion at a time 
agreed upon by the Party carrying out the explosion and by 
Designated Personnel.
    11. Two individuals from the Party carrying out the 
explosion shall have the right to join Designated Personnel in 
the command and monitoring facility at the time of the 
explosion, to observe command and monitoring of the recording 
equipment and acquisition and duplication of data transmitted 
from each recording facility, and to receive a copy of the 
data. Designated Personnel, in the presence of personnel of the 
Party carrying out the explosion, shall recover all recordings 
of data taken at the time of the explosion and prepare two 
identical copies of such data. Personnel of the Party carrying 
out the explosion shall select one of the two identical copies 
by lot, and Designated Personnel shall retain the other copy. 
Designated Personnel shall retain no other such data, and shall 
have no further access to their recording facilities, their 
command and monitoring facility, and their equipment until 
these are returned to the Verifying Party, in accordance with 
paragraph 11 of Section VIII of this Protocol, unless the 
Parties otherwise agree, in which case access of the Designated 
Personnel to their recording facilities, their command and 
monitoring facility, and their equipment shall be under the 
observation of personnel of the Party carrying out the 
explosion. Designated Personnel shall provide the Party 
carrying out the explosion with information on sensor location 
in relation to the explosive canister. With respect to digital 
recording of signals, the Verifying Party shall provide a 
description of the recording format and a sample of the 
computer program for reading digital data. The program shall be 
provided by Designated Personnel upon their arrival at the 
point of entry.
    12. Designated Personnel shall not be present in areas from 
which all personnel of the Party carrying out the explosion 
have been withdrawn in connection with carrying out an 
explosion, but shall have the right to reenter those areas at 
the same time as personnel of the Party carrying out the 
explosion.

                   SECTION VI. LOCAL SEISMIC NETWORK

    1. For any group explosion that the Party carrying out the 
explosion has notified to have a planned aggregate yield 
exceeding 150 kilotons, and with respect to which the Verifying 
Party has notified its intention to measure the yield of the 
explosion using the hydrodynamic yield measurement method, 
Designated Personnel, in addition to using the hydrodynamic 
yield measurement method, shall have the right to install and 
use, under the observation and with the assistance of personnel 
of the Party carrying out the explosion if Designated Personnel 
request such assistance, a local seismic network.
    2. Such a network shall be installed and used at locations 
agreed upon by the Parties within an area circumscribed by 
circles of 15 kilometer radius centered on points on the 
surface of the earth above the points of emplacement of the 
explosives. The number of stations of the network shall be 
determined by the Verifying Party, but shall not exceed the 
number of explosives in the group plus eight.
    3. The control point of the local seismic network shall be 
installed at a location that the Parties agree is outside the 
areas specified in paragraph 12 of Section V of this Protocol 
and within the area specified in paragraph 2 of this Section, 
unless the Parties otherwise agree. Designated Personnel shall 
have the right to have access to their equipment in the control 
point at any time from commencement of installation of the 
local seismic network until five days following the explosion, 
subject to the provisions of paragraph 12 of Section V, if 
applicable, and paragraph 10(e) of Section VIII of this 
Protocol.
    4. Installation of a local seismic network may commence 20 
days prior to the planned date of the explosion, and its 
operation shall continue no more than three days following the 
explosion, unless the Parties otherwise agree.
    5. Designated Personnel shall have the right to use radio 
communication for the transmission and reception of data and 
control signals between seismic stations and the control point 
of the local seismic network. Frequencies and maximum power 
output of radio transmitters, frequency range and sensitivity 
of radio receivers, orientation of transmitting and receiving 
antennas, and period of operation of the local seismic network 
radio transmitters and radio receivers prior to the explosion 
shall be agreed upon by the Parties. Operation of the radio 
equipment following the explosion shall continue for no more 
than three days, unless the Parties otherwise agree.
    6. Designated Personnel shall have access along agreed 
routes to the stations and the control point of the local 
seismic network for the purpose of carrying out activities 
related to the installation and use of the local seismic 
network.
    7. In installing and using a local seismic network, 
Designated Personnel shall have the right to use and retain the 
topographic chart provided in accordance with paragraph 6(e) of 
Section IV of this Protocol.
    8. Designated Personnel shall have the right to obtain 
photographs associated with the local seismic network, which 
shall be taken by the Party carrying out the explosion at the 
request of Designated Personnel in accordance with applicable 
provisions of paragraph 8 of Section V of this Protocol.
    9. Within five days following the explosion, Designated 
Personnel shall provide the Party carrying out the explosion 
with the original and one copy of the data from the local 
seismic network stations recorded on the primary medium, 
graphic representation of recording materials on a paper 
medium, and the results of calibration of seismic channels. 
Upon receipt of these materials the Party carrying out the 
explosion, in the presence of Designated Personnel, shall 
select and retain either the copy or the original of each 
recording, graphic representation, and results of calibration 
of the seismic channels. The set of data not selected by the 
Party carrying out the explosion shall be retained by 
Designated Personnel. For digital recording of seismic signals, 
the Verifying Party shall provide the description of the 
recording format and a sample of the computer program for 
reading digital data. Designated Personnel shall provide the 
program sample upon arrival at the point of entry. Seismic 
recordings provided to the Party carrying out the explosion 
shall cover a time period beginning no less than 30 seconds 
prior to the time of arrival of the first explosion-generated 
P-wave at any station of the local seismic network and ending 
no more than three days after the explosion, unless the Parties 
otherwise agree. All seismic recordings shall include a common 
time reference agreed upon by the Parties.

                    SECTION VII. ON-SITE INSPECTION

    1. In carrying out on-site inspection, the Verifying Party 
shall have the right to confirm the validity of the geological 
and geophysical information provided in accordance with 
paragraphs 3 and 7 of Section IV of this Protocol in accordance 
with the following procedures:
          (a) Designated Personnel may analyze relevant studies 
        and measurement data, including logging data, of the 
        Party carrying out the explosion, the core samples of 
        rock fragments extracted from each emplacement hole 
        from the bottom of the hole to a distance above the 
        point of emplacement in meters equal to 40 times the 
        cube root of the planned yield in kilotons of the 
        emplaced explosive, as well as any logging data and 
        core samples from existing exploratory holes, which 
        shall be provided to Designated Personnel upon their 
        arrival at the explosion site, if the Party carrying 
        out the explosion carried out relevant studies, 
        measurements, and coring;
          (b) Designated Personnel shall have the right to 
        observe logging and the extraction of core samples or 
        rock fragments from locations agreed upon by the 
        Parties within the portion of the emplacement hole 
        specified in subparagraph (a) of this paragraph or from 
        an exploratory hole, provided that it is located no 
        farther from the emplacement hole than a distance in 
        meters equal to 10 times the cube root of the planned 
        yield in kilotons of the emplaced explosive at depth 
        intervals agreed upon by the Parties if such operations 
        are carried out by the Party carrying out the 
        explosion;
          (c) Designated Personnel shall have the right to use 
        their own equipment for logging the emplacement hole 
        and extracting sidewall rock samples within the portion 
        of the emplacement hole identified in subparagraph (a) 
        of this paragraph. Such operations shall be conducted 
        in the presence of personnel of the Party carrying out 
        the explosion; and
          (d) all logging data produced by either Party, 
        including calibration data, shall be duplicated, and 
        one copy of the data shall be provided to each Party. 
        Calibration data shall include information needed to 
        confirm the sensitivity of the equipment under the 
        conditions in which it is used. Designated Personnel 
        shall have the right to examine and remove from the 
        territory of the Party carrying out the explosion core 
        samples, sidewall rock samples, and rock fragments 
        specified in subparagraphs (a), (b), and (c) of this 
        paragraph, as selected by Designated Personnel.
    2. In carrying out on-site inspection, Designated Personnel 
shall have the right:
          (a) to confirm by direct measurement the validity of 
        the information provided in accordance with paragraph 
        7(f) of Section IV of this Protocol;
          (b) to confirm the validity of the information 
        provided in accordance with paragraph 7(g) of Section 
        IV of this Protocol, by observing relevant measurements 
        being made, and by having access to the data obtained 
        if such measurements are conducted by the Party 
        carrying out the explosion, and by making measurements 
        with their own equipment to determine the location and 
        configuration of any voids within each hydrodynamic 
        measurement zone;
          (c) to have access to the site of the explosion and 
        to facilities and structures related to the conduct of 
        the explosion, along agreed routes;
          (d) to observe the emplacement of each explosive 
        canister, to confirm the depth of its emplacement and 
        the relative location of explosives in a group, and to 
        observe the stemming of each emplacement hole;
          (e) to have access to their equipment associated with 
        carrying out on-site inspection from commencement of 
        its use by Designated Personnel at the explosion site 
        until the departure of all personnel from the explosion 
        area prior to the explosion;
          (f) to unimpeded visual observation of the entrance 
        area to each emplacement hole at any time from the 
        moment of emplacement of each explosive until the 
        departure of all personnel from the explosion area 
        prior to the explosion; and
          (g) to observe the explosion.
    3. Designated Personnel shall have the right to obtain 
photographs associated with carrying on-site inspection, which 
shall be taken by the Party carrying out the explosion at the 
request of Designated Personnel, in accordance with paragraphs 
8 and 9 of Section V of this Protocol.

                        SECTION VIII. EQUIPMENT

    1. Designated Personnel, in carrying out activities related 
to verification in accordance with this Protocol, shall have 
the right to bring into the territory of the Party carrying out 
the explosion, install, and use the following equipment:
          (a) if the Verifying Party has provided notification 
        of its intent to use the hydrodynamic yield measurement 
        method, part or all of the equipment specified in 
        paragraph 5 of this Section;
          (b) if the Verifying Party has provided notification 
        of its intent to use a local seismic network, part or 
        all of the equipment specified in paragraph 6 of this 
        Section;
          (c) if the Verifying Party has provided notification 
        of its intent to carry out on-site inspection, part or 
        all of the equipment specified in paragraph 7 of this 
        Section;
          (d) geologist's field tools and kits, geodetic 
        equipment topographic survey equipment, equipment for 
        recording of field data, and equipment for rapid photo 
        processing;
          (e) portable short-range communication equipment, 
        whose power and frequency shall conform to restrictions 
        established by the Party carrying out the explosion;
          (f) mobile work stations and temporary facilities;
          (g) medical and health physics equipment and 
        supplies, personal protective gear, personal computers, 
        recreational and other items as may be agreed by the 
        Parties; and
          (h) satellite communications equipment, if the Party 
        carrying out the explosion does not provide satellite 
        communications for Designated Personnel.
    2. At the choice of the Party carrying out the explosion, 
closed-circuit television equipment shall be provided by the 
Verifying Party or the Party carrying out the explosion, for 
the purpose of remote observation by the Verifying Party, in 
accordance with paragraph 6(e) of Section V of this Protocol.
    3. Designated Personnel, in carrying out activities related 
to verification in accordance with this Protocol, shall have 
the right to bring into the territory of the Party carrying out 
the explosion, for use by the personnel of the Party carrying 
out the explosion in accordance with paragraph 8 of section V 
of this Protocol, photographic cameras, film, and related 
photographic equipment.
    4. No less than 120 days prior to the planned date of the 
beginning of emplacement of explosives, the Parties shall agree 
upon the list of such additional equipment as may be requested 
by the Verifying Party, and which shall be supplied by the 
Party carrying out the explosion for use by Designated 
Personnel. Such additional equipment with its description and 
operating instructions shall be provided to Designated 
Personnel upon arrival at the site of the explosion.
    5. The complete list of equipment for hydrodynamic yield 
measurement shall include:
          (a) sensing elements and associated cables for use in 
        the emplacement hole;
          (b) the recording facility or facilities, including 
        equipment for sending and recording commands, equipment 
        for generation of a timing reference signal from 
        hydrodynamic measurement cables, and equipment for data 
        acquisition, recording and processing, and, with 
        respect to a group explosion in which any individual 
        explosion in the group is separated from any other 
        explosion by more than two kilometers, radio equipment 
        for monitoring the operational status of the equipment 
        and for transmitting and receiving control signals. 
        Frequencies and maximum power output of radio 
        transmitters, frequency range and sensitivity of radio 
        receivers, and orientation of transmitting and 
        receiving antennas shall be agreed upon by the Parties. 
        Operation of the radio equipment shall begin at the 
        time of the beginning of emplacement of sensing 
        elements and associated cables and shall end at the 
        time of the explosion. Designated Personnel shall 
        notify the Party carrying out the explosion in advance 
        of any activation or deactivation of the radio 
        equipment;
          (c) cables for above-ground transmission of 
        electrical power, control signals and data;
          (d) electrical power supplies;
          (e) measuring and calibration instruments, support 
        equipment, maintenance equipment, and spare parts 
        necessary for ensuring the functioning of sensing 
        elements, cables and equipment of the recording 
        facilities and the command and monitoring facility;
          (f) logging and sidewall rock sampling equipment 
        necessary for confirming geological and geophysical 
        characteristics of the emplacement hole as well as for 
        obtaining data on the spatial location of points of 
        emplacement of each explosive canister;
          (g) coring equipment and drilling equipment for the 
        drilling of an exploratory hole for coring purposes. 
        Upon agreement between the Parties, the Verifying 
        Party, under leasing conditions, may use for these 
        purposes the coring and drilling equipment of the Party 
        carrying out the explosion; and
          (h) the command and monitoring facility, with 
        equipment, including computers, for generating and 
        recording command and monitoring signals, for 
        transmitting and receiving command and monitoring 
        signals between each recording facility and the command 
        and monitoring facility, as well as for retrieving, 
        storing, and processing hydrodynamic data.
    6. The complete list of equipment for a local seismic 
network shall include:
          (a) seismic stations, each of which contains seismic 
        instruments, and electrical power supply and associated 
        cables, and radio equipment for receiving and 
        transmitting control signals and data;
          (b) equipment for the control point, including 
        electrical power supplies, equipment for sending and 
        recording control signals and data, and data processing 
        equipment; and
          (c) measuring and calibration instruments, support 
        equipment, maintenance equipment, and spare parts 
        necessary for ensuring the functioning of the complete 
        network.
    7. The complete list of equipment for on-site inspection 
shall include logging and sidewall rock sampling equipment 
necessary for confirming geological and geophysical 
characteristics of the emplacement hole as well as for 
obtaining data on the spatial location of points of emplacement 
of each explosive canister.
    8. The following procedures shall be followed with respect 
to the equipment for hydrodynamic yield measurement, the 
equipment for on-site inspection, and the equipment for a local 
seismic network:
          (a) no less than 140 days prior to the planned date 
        of the beginning of emplacement of explosives, the 
        Verifying Party, if it has declared its intention to 
        use the hydrodynamic yield measurement method, shall 
        provide the Party carrying out the explosion with the 
        equipment and information specified in subparagraph 
        (a)(i) of this paragraph and, if the Verifying Party 
        has declared its intention to use local seismic 
        network, the equipment and information specified in 
        subparagraph (a)(ii) of this paragraph; or, if it has 
        declared is intention to conduct on-site inspection, 
        equipment and information specified in subparagraph 
        (a)(iii) of this paragraph, in order to enable the 
        Party carrying out the explosion to familiarize itself 
        with such equipment, if such equipment and information 
        have not previously been provided. If, upon completion 
        of familiarization with the equipment provided in 
        accordance with this subparagraph, the Party carrying 
        out the explosion concludes that use of any element of 
        the equipment provided would be inconsistent with its 
        containment or security requirements, the Party 
        carrying out the explosion shall promptly, but no less 
        than 120 days prior to the planned date of the 
        beginning of emplacement of explosives, so inform the 
        Verifying Party, and shall specify the modifications 
        that must be made in this equipment to satisfy the 
        requirements of the Party carrying out the explosion. 
        The equipment provided in accordance with this 
        subparagraph shall be returned in the same condition as 
        that in which it was received to the Verifying Party at 
        the Point of entry no less than 90 days prior to the 
        planned date of the beginning of emplacement of 
        explosives. The following equipment and information 
        shall be provided:
                  (i) one set of equipment specified in 
                paragraphs 5(a), 5(b), 5(c), 5(d), 5(e), 5(f) 
                and 5(h) of this Section, as well as electrical 
                and mechanical design information, 
                specifications, and installation and operating 
                instructions for this equipment;
                  (ii) one set of equipment specified in 
                paragraph 6 of this Section, including one 
                seismic station, as well as electrical and 
                mechanical design information, specifications, 
                and installation and operating instructions for 
                this equipment; and
                   (iii) one set of equipment specified in 
                paragraph 7 of the Section, as well as 
                electrical and mechanical design information, 
                specifications, and operating instructions for 
                this equipment;
          (b) no less than 50 days prior to the planned date of 
        the beginning of emplacement of explosives, the 
        Verifying Party shall deliver in sealed containers, to 
        the point of entry in the territory of the Party 
        carrying out the explosion, two identical sets of each 
        type of equipment that it intends to use for activities 
        related to verification for that explosion, with a 
        complete inventory of equipment, specifying any 
        components that do not perform functions directly 
        related to measurements during the explosion. These 
        sets of equipment shall have the same components and 
        technical characteristics as the equipment specified in 
        subparagraph (a) of this paragraph, or, if specified by 
        the Party carrying out the explosion in accordance with 
        subparagraph (a) of this paragraph, shall contain 
        modifications made in accordance with the requirements 
        of the Party carrying out the explosion with regard to 
        containment and security. Each of the two identical 
        sets shall include the following:
                  (i) if the Verifying Party has provided 
                notification of its intent to use the 
                hydrodynamic yield measurement method, 
                equipment specified in paragraphs 5(a), 5(b), 
                and 5(h) of this Section; and
                  (ii) if the Verifying Party has provided 
                notification of its intent to use a local 
                seismic network, equipment specified in 
                paragraphs 6(a) and 6(b) of this Section;
          (c) the Party carrying out the explosion shall choose 
        one of the two identical sets of each type of equipment 
        for use by Designated Personnel;
          (d) at the point of entry the Party carrying out the 
        explosion shall affix its own seals to the sealed 
        containers in which the equipment chosen for use 
        arrived, shall ensure protection of this equipment 
        throughout the entire period it is in the territory of 
        the Party carrying out the explosion, and shall 
        transport that equipment to the site of the explosion. 
        Prior to shipment to the site of the explosion, the set 
        of equipment chosen for use shall be kept sealed at the 
        point of entry, and the time of its shipment to the 
        site of the explosion shall be determined by the Party 
        carrying out the explosion. The Party carrying out the 
        explosion shall consult with Designated Personnel 
        regarding plans and schedule of shipment of the 
        equipment no less than 48 hours in advance of the 
        shipment. Designated Personnel shall have the right to 
        unimpeded verification of the integrity of their seals, 
        to observe their equipment. This equipment shall be 
        handed over to Designated Personnel at the site of the 
        explosion for emplacement, installation, and use no 
        less than 20 days prior to the planned date of the 
        beginning of emplacement of explosives, and it shall 
        thereafter remain under the control of Designated 
        Personnel; seals affixed to the equipment specified in 
        paragraph 5(a) of this Section shall not be removed 
        prior to preparation for installation of such 
        equipment, at which time the seals shall be removed by 
        Designated Personnel in the presence of personnel of 
        the Party carrying out the explosion, and personnel of 
        the Party carrying out the explosion thereafter shall 
        have the right to observe all activities relating to 
        the installation of such equipment;
          (e) seals of the Verifying Party shall be removed 
        from equipment not chosen for use, in the presence of 
        personnel of both Parties, and thereafter this 
        equipment shall be retained for inspection by the Party 
        carrying out the explosion without the presence of 
        Designated Personnel for a period ending no more than 
        30 days following the explosion, at which time such 
        equipment shall be returned in the same condition as 
        that in which it was received to the Verifying Party at 
        the point of entry;
          (f) no less than 50 days prior to the planned date of 
        the beginning of emplacement of explosives, the 
        Verifying Party shall provide, at its option, either 
        one or two sets of the equipment that the Verifying 
        Party intends to use for activities related to 
        verification for this explosion, other than equipment 
        specified in paragraph 8(b) of this Section. A complete 
        inventory of such equipment, specifying any components 
        that do not perform functions directly related to 
        measurements during the explosion, shall be provided to 
        the Party carrying out the explosion at least one week 
        prior to the planned arrival of the equipment at the 
        point of entry. If only one set of equipment is 
        provided by the Verifying Party, the Party carrying out 
        the explosion shall have the right to inspect this 
        equipment upon its arrival at the point of entry for up 
        to 30 days, without the presence of Designated 
        Personnel. Upon conclusion of the inspection, the Party 
        carrying out the explosion shall identify any equipment 
        that it deems unacceptable for delivery to the site of 
        the explosion, in which case equipment shall be removed 
        by the Verifying Party and returned to its territory. 
        All equipment deemed acceptable for delivery to the 
        site of the explosion shall be shipped to the site of 
        the explosion so as to enable Designated Personnel to 
        carry out their activities related to verification as 
        set forth in the coordinated schedule specified in 
        paragraph 6 of Section XI of this Protocol, but in no 
        case less than 20 days prior to the beginning of 
        emplacement of explosives. The Party carrying out the 
        explosion shall transport this equipment in such a 
        manner as to ensure that it is delivered to Designated 
        Personnel in the same condition as that in which it was 
        received. If two sets of equipment are provided by the 
        Verifying Party, the procedures specified in paragraphs 
        8(b), 8(c), 8(d), and 8(e) of this Section for 
        selection and inspection of equipment shall be 
        followed. If the Verifying Party under leasing 
        conditions uses coring and drilling equipment of the 
        Party carrying out the explosion, such equipment shall 
        be provided to Designated Personnel at the site of the 
        explosion so as to enable Designated Personnel to carry 
        out their activities related to verification as set 
        forth in the coordinated schedule referred to in 
        paragraph 6 of Section XI of this Protocol, but in no 
        case less than 20 days prior to the beginning of 
        emplacement of explosives, unless the Parties otherwise 
        agree;
          (g) with respect to the equipment specified in 
        paragraphs 5(a) and 5(c) of this Section, the Party 
        carrying out the explosion shall have the right to 
        retain for its own purposes up to 150 meters of each 
        type of cable in the set being inspected. The cable 
        segments to be retained may be taken from any place 
        along the length of the cable, but the number of 
        individual segments shall not exceed the number of 
        reels of cable in a set of equipment; and
          (h) after inspecting the equipment in accordance with 
        paragraphs 8(e) and 8(f) of this Section, the Party 
        carrying out the explosion shall inform Designated 
        Personnel what equipment of that delivered to the site 
        of the explosion it deems unacceptable for use during 
        the explosion.
    9. Prior to the beginning of emplacement of explosives, 
Designated Personnel shall certify in writing to the personnel 
of the Party carrying out the explosion that the equipment 
delivered to the site of the explosion is in working condition.
    10. Personnel of the Party carrying out the explosion shall 
have the right to observe use of equipment by Designated 
Personnel at the site of the explosion, with access to the 
recording facilities, the command and monitoring facility, the 
control point, and seismic stations of the local seismic 
network of the Verifying Party being subject to the following:
          (a) at any time prior to the explosion that 
        Designated Personnel are not present in the recording 
        facilities, in the command and monitoring facility, in 
        the control point, or at the seismic stations, these 
        facilities, control point, and stations shall be sealed 
        by the seals of both Parties. Seals may be removed by 
        Designated Personnel only in the presence of personnel 
        of the Party carrying out the explosion;
          (b) prior to the explosion, personnel of the Party 
        carrying out the explosion may enter the recording 
        facilities, the command and monitoring facility, or the 
        control point of the Verifying Party for the purpose of 
        conducting operations that require the participation of 
        both Parties only with the agreement of the Designated 
        Personnel Team Leader and when accompanied by 
        Designated Personnel Team Leader or his designated 
        representative;
          (c) at all other times prior to the explosion, 
        personnel of the Party carrying out the explosion may 
        enter the recording facilities, the command and 
        monitoring facility, or the control point of the 
        Verifying Party only at the express invitation of the 
        Designated Personnel Team Leader or his designated 
        representative;
          (d) following the explosion, Designated Personnel 
        shall have the right to enter the recording facilities 
        for data recovery only when accompanied by personnel of 
        the Party carrying out the explosion. No later than the 
        final dry run, Designated Personnel shall inform the 
        Party carrying out the explosion of procedures for 
        recovering such data shall advise the Party carrying 
        out the explosion at the time of data recovery of any 
        changes the Designated Personnel make in both those 
        procedures and the reasons for such changes. Personnel 
        of the Party carrying out the explosion shall observe 
        the process of data recovery from instrumentation in 
        the recording facilities and the command and monitoring 
        facility, and shall leave the recording and the command 
        and monitoring facility at the same time as Designated 
        Personnel; and
          (e) at any time following the explosion, personnel of 
        the Party carrying out the explosion shall have the 
        right to observe the activities of Designated Personnel 
        in the control point. Personnel of the Party carrying 
        out the explosion shall be present in the control point 
        to observe recovery of the initial data, which shall 
        take place within one hour following the explosion. At 
        any time following the explosion that Designated 
        Personnel are not present in the control point, the 
        control point shall be sealed with the seals of both 
        Parties. The seals may be removed by Designated 
        Personnel only in the presence of personnel of the 
        Party carrying out the explosion. Within five days 
        following the explosion, Designated Personnel shall 
        leave the control point at the same time as personnel 
        of the Party carrying out the explosion.
    11. Following data recovery, the equipment used for 
activities related to verification in accordance with this 
Protocol may be retained by the Party carrying out the 
explosion and be subject to its exclusive control for a period 
ending no more than 30 days following data recovery, at which 
time this equipment shall be returned, in the same condition as 
that in which it was received, to the Verifying Party at the 
point of entry. Elimination of information stored in memories 
shall not be deemed damage to the equipment.

        SECTION IX. DESIGNATED PERSONNEL AND TRANSPORT PERSONNEL

    1. No later than 10 days following entry into force of the 
Treaty, each Party shall provide the other Party with a list of 
its proposed Designated Personnel who will carry out the 
activities related to verification in accordance with this 
Protocol and a list of its proposed Transport Personnel who 
will provide transportation for these Designated Personnel, 
their baggage, and equipment of the Verifying Party. These 
lists shall contain name, date of birth, and sex of each 
individual of its proposed Designated Personnel and Transport 
Personnel. The list of Designated Personnel shall at no time 
include more than 200 individuals, and the list of Transport 
Personnel shall at no time include more than 200 individuals.
    2. Each Party shall review the list of Designated Personnel 
and the list of Transport Personnel proposed by the other 
Party. If the Party reviewing a list determines that an 
individual included thereon is acceptable to it, it shall so 
inform the Party providing the list within 20 days following 
receipt of the list, and such an individual shall be deemed 
accepted. If the Party reviewing a list determines that an 
individual included thereon is not acceptable to it, it shall 
so inform the Party providing the list of its objection within 
20 days following receipt of the list, and such an individual 
shall be deemed not accepted and shall be deleted from the 
list.
    3. Each Party may propose the addition or substitution of 
individuals on its list of Designated Personnel or its list of 
Transport Personnel at any time, who shall be designated in the 
same manner as is provided for in paragraph 2 of this Section 
with regard to the initial lists. Annually, no more than 40 
individuals from the list of Designated Personnel shall be 
subject to substitution. This limitation shall not apply to the 
replacement of individuals due to permanent physical incapacity 
or death, or to deletion of an individual from the list of 
Designated Personnel in accordance with paragraph 5 of this 
Section. Replacement of an individual due to permanent physical 
incapacity, death or deletion from the list shall be 
accomplished in the same manner as is provided for in paragraph 
2 of this Section.
    4. Following receipt of the initial list of Designated 
Personnel or the initial list of Transport Personnel or of 
subsequent changes thereto, the Party receiving such 
information shall prepare for the issuance of such visas and 
other documents as may be required to ensure that each 
individual on the list of Designated Personnel or the list of 
Transport Personnel to whom it has agreed may enter and remain 
in its territory for the purpose of carrying out activities 
related to verification in accordance with this Protocol. Such 
visas and documents shall be provided by the Party carrying out 
the explosion only to the individuals whose names are included 
on the lists provided by the Verifying Party, in accordance 
with paragraph 3 of Section X of this Protocol, upon receipt of 
such lists. Such visas and documents shall be valid for 
multiple entry throughout the period of preparation and conduct 
of the particular explosion.
    5. If a Party determines that an individual included on the 
list of Designated Personnel or the list of Transport Personnel 
of the other Party has violated the provisions of this Protocol 
or has ever committed a criminal offense in its territory, or 
has ever been sentenced for committing a criminal offense, or 
has ever been expelled from its territory, the Party making 
such a determination shall so notify the other Party of its 
objection to the continued inclusion of this individual on the 
list. If at that time this individual is present in the 
territory of the Party raising the objection, the other Party 
shall immediately recall this individual from the territory of 
the Party raising this objection and immediately thereafter 
delete that individual from the list of Designated Personnel or 
from the list of Transport Personnel.
    6. Designated Personnel with their personal baggage and 
equipment of the Verifying Party shall be permitted to enter 
the territory of the Party carrying out the explosion at the 
designated point of entry, to remain in that territory and to 
exit through the designated point of entry.
    7. Designated Personnel and Transport Personnel shall be 
accorded the following privileges and immunities for the entire 
period they are in the territory of the Party carrying out the 
explosion and thereafter with respect to acts previously 
performed in the exercise of their official functions as 
Designated Personnel or Transport Personnel:
          (a) Designated Personnel and Transport Personnel 
        shall be accorded the inviolability enjoyed by 
        diplomatic agents pursuant to Article 29 of the Vienna 
        Convention on Diplomatic Relations of April 18, 1961;
          (b) living and working quarters occupied by 
        Designated Personnel and Transport Personnel carrying 
        out activities in accordance with this Protocol shall 
        be accorded the inviolability and protection accorded 
        the quarters of missions and diplomatic agents pursuant 
        to Articles 22 and 30 of the Vienna Convention on 
        Diplomatic Relations;
          (c) archives, documents, papers and correspondence of 
        Designated Personnel and Transport Personnel shall 
        enjoy the inviolability accorded the archives, 
        documents, papers and correspondence of missions and 
        diplomatic agents pursuant to Articles 24 and 30 of the 
        Vienna Convention on Diplomatic Relations. In addition, 
        the aircraft or other transport vehicles of the 
        Verifying Party shall be inviolable;
          (d) Designated Personnel and Transport Personnel 
        shall be accorded the immunities accorded diplomatic 
        agents pursuant to paragraphs 1, 2, and 3 of Article 31 
        of the Vienna Convention on Diplomatic Relations. 
        Immunity from jurisdiction of Designated Personnel or 
        Transport Personnel may be waived by the Verifying 
        Party in those cases in which it is of the opinion that 
        immunity would impede the course of justice and it can 
        be waived without prejudice to the implementation of 
        the provisions of this Protocol. Waiver must always be 
        express;
          (e) Designated Personnel and Transport Personnel 
        carrying out their activities in accordance with this 
        Protocol shall be accorded the exemption from dues and 
        taxes accorded diplomatic agents pursuant to Article 34 
        of the Vienna Convention on Diplomatic Relations;
          (f) living and working quarters occupied by 
        Designated Personnel and Transport Personnel carrying 
        out their activities in accordance with this Protocol 
        shall be accorded the exemption from dues and taxes 
        accorded mission premises pursuant to Article 23 of the 
        Vienna Convention on Diplomatic Relations; and
          (g) Designated Personnel and Transport Personnel 
        shall be permitted to bring into the territory of the 
        Party carrying out the explosion, without payment of 
        any customs duties or related charges, articles for 
        their personal use, with the exception of articles the 
        import or export of which is prohibited by law or 
        controlled by quarantine regulations.
    8. Designated Personnel and Transport Personnel shall not 
engage in any professional or commercial activity for personal 
profit in the territory of the Party carrying out the 
explosion.
    9. Without prejudice to their privileges and immunities, 
Designated Personnel and Transport Personnel shall be obliged 
to carry out the explosion and shall be obliged not to 
interfere in the internal affairs of that Party.
    10. If the Party carrying out the explosion considers that 
there has been an abuse of privileges and immunities specified 
in paragraph 7 of this Section, consultations shall be held 
between the Parties to determine whether such an abuse has 
occurred and, if so determined, to prevent a repetition of such 
an abuse.

 SECTION X. ENTRY, TRANSPORT, FOOD, LODGING AND PROVISION OF SERVICES 
            FOR DESIGNATED PERSONNEL AND TRANSPORT PERSONNEL

    1. The Party carrying out the explosion shall ensure 
Designated Personnel and Transport Personnel access to its 
territory for the purposes of carrying out activities related 
to verification, in accordance with this Protocol, and shall 
provide these personnel with such other assistance as may be 
necessary to enable them to carry out these activities. 
Following notification by the Verifying Party of its intention 
to conduct hydrodynamic yield measurement or to carry out on-
site inspection, Designated Personnel shall have the right to 
be present at the site of the explosion to carry out activities 
in accordance with this Protocol at such times and for such 
periods as required to carry out these activities. The specific 
times and periods for carrying out such activities shall be 
specified in the coordinated schedule specified in paragraph 6 
of Section XI of this Protocol.
    2. The number of Designated Personnel shall not exceed:
          (a) when exercising their rights and functions 
        associated with drilling, logging, hole surveying, and 
        coring, if this work is carried out by Designated 
        Personnel operating their own equipment or equipment 
        leased from the Party carrying out the explosion, 25;
          (b) when exercising their rights and functions 
        associated with observing drilling, logging, hole 
        surveying, and coring performed by the Party carrying 
        out the explosion, or when Designated Personnel perform 
        logging, hole surveying, or sidewall rock sampling, 10;
          (c) when exercising their rights and functions 
        associated with the confirmation of the validity of 
        geological and geophysical information, the number of 
        emplacement holes plus three;
          (d) when exercising their rights and functions 
        associated with the use of hydrodynamic yield 
        measurement equipment, the number of explosives plus 
        three, plus the number of recording facilities 
        specified in paragraph 5 of Section VIII of this 
        Protocol multiplied by seven; and, with respect to 
        group explosions in which radio controlled recording 
        facilities are employed, three per recording facility, 
        plus seven for the command and monitoring facility;
          (e) when exercising their rights and functions 
        associated with the use of a local seismic network, 15;
          (f) for administrative, coordination, clerical, and 
        health and safety matters, when Designated Personnel 
        described in subparagraphs (a), (b), (c), (d), and (e) 
        of this paragraph are present, eight; and
          (g) if the Verifying Party provides food and housing 
        for Designated Personnel identified in subparagraphs 
        (a), (b), (c), (d), (e), and (f) of this paragraph, 
        six.
    3. No less than 20 days prior to the planned arrival of its 
Designated Personnel or equipment at the point of entry to 
carry out activities related verification of a particular 
explosion, the Verifying Party shall provide the Party carrying 
out the explosion with:
          (a) a list of the names of the Designated Personnel, 
        their passports and documentation, and a list of the 
        names of the Transport Personnel, their passports and 
        documentation, who will carry out activities related to 
        verification of a particular explosion;
          (b) the names of the Designated Personnel Team Leader 
        and deputy team leader, and the names of those 
        individuals from the Designated Personnel who will 
        escort equipment of the Verifying Party to the site of 
        the explosion;
          (c) confirmation of the point of entry to be used;
          (d) the scheduled date and the estimated time of 
        arrival of Designated Personnel at the point of entry; 
        and
          (e) designation of the mode of transport to be used.
No more than 15 days following receipt of the lists, passports, 
and documentation specified in subparagraph (a) of this 
paragraph, the Party carrying out the explosion shall return 
those passports to the Verifying Party with visas and documents 
specified in paragraph 4 of Section IX of this Protocol.
    4. If a transport aircraft other than a regularly scheduled 
commercial aircraft is used for transportation, its flight path 
shall be along airways that are agreed upon by the Parties, and 
its flight plan shall be filed in accordance with the 
procedures of the International Civil Aviation Organization 
applicable to civil aircraft, including in the remarks section 
of the flight plan a confirmation that the appropriate 
clearance has been obtained. The Party carrying out the 
explosion shall provide parking, security protection, 
servicing, and fuel for the aircraft of the Verifying Party at 
the point of entry. The Verifying Party shall bear the cost of 
such fuel and servicing.
    5. The Party carrying out the explosion shall ensure that 
any necessary clearances or approvals are granted so as to 
enable Designated Personnel, their baggage, and equipment of 
the Verifying Party to arrive at the point of entry by the 
estimated arrival date and time.
    6. The Party carrying out the explosion shall assist 
Designated Personnel and Transport Personnel and their baggage 
in passage through customs without undue delay. The Party 
carrying out the explosion shall provide transportation between 
the point of entry and the site of the explosion for Designated 
Personnel, for their baggage and equipment of the Verifying 
Party, so as to enable such personnel to exercise their rights 
and functions in the time periods provided for in this 
Protocol.
    7. The Party carrying out the explosion shall have the 
right to assign its personnel to escort Designated Personnel 
and Transport Personnel while they are in the territory of the 
Party carrying out the explosion.
    8. Except as otherwise provided for in this Protocol, 
movement and travel of Designated Personnel and Transport 
Personnel shall be subject to the authorization of the Party 
carrying out the explosion.
    9. During the period Designated Personnel and Transport 
Personnel are in the territory of the Party carrying out the 
explosion, the Party carrying out the explosion shall provide 
food, living and working facilities, secure places for storing 
equipment, transportation, and medical services for such 
personnel. If the Verifying Party desires to provide its own 
food or housing units for its Designated Personnel, or food for 
its Transport Personnel during their stay in the territory of 
the Party carrying out the explosion, the Party carrying out 
the explosion shall provide such assistance as may be necessary 
for such food and housing units to arrive at the appropriate 
locations. If the Verifying Party provides its own housing 
units, they shall be delivered to the point of entry no less 
than 30 days prior to the arrival of Designated Personnel. The 
Party carrying out the explosion shall have the right to 
inspect these housing units upon their arrival at the point of 
entry for a 30-day period, without the presence of personnel of 
the Verifying Party.
    10. The Party carrying out the explosion shall ensure the 
Designated Personnel Team Leader or his designated 
representative access at all times to means of direct 
communications between the site of the explosion and the 
embassy of the Verifying Party, and shall provide Designated 
Personnel with telephone communications between their working 
facilities and living accommodations at the site of the 
explosion. The Designated Personnel Team Leader or his 
designated representative shall also have the right to use at 
all times satellite communications to ensure communications via 
the International Maritime Satellite Organization (INMARSAT) 
commercial satellite system, or a system of equivalent 
performance, between the site of the explosion and the 
telephone communications system of the Verifying Party. If the 
Party carrying out the explosion does not provide such 
communications, Designated Personnel shall have the right to 
use their own equipment specified in paragraph 1(h) of Section 
VIII of this Protocol. In this case, installation and alignment 
of all such equipment shall be done jointly. All equipment of 
this system, except the remote control unit, shall be locked 
and placed under seals of both Parties, and neither Party shall 
have access to this equipment except under the observation of 
personnel of the other Party. Designated Personnel shall have 
exclusive use of the remote control unit. If the Verifying 
Party provides satellite communications equipment, personnel of 
the Party carrying out the explosion shall have the right, 
under the observation of Designate Personnel, to make the 
following modifications provided they do not degrade the 
quality of communications:
          (a) install bandpass filters, to limit the frequency 
        range, in the antenna signal transmission and reception 
        lines;
          (b) modify the remote control unit to prevent manual 
        tuning; and
          (c) modify the satellite communications equipment to 
        allow the Party carrying out the explosion to monitor 
        all transmissions.
    11. At the site of the explosion, Designated Personnel 
shall observe all safety rules and regulations applicable to 
the personnel of the Party carrying out the explosion, as well 
as those additional restrictions with regard to access and 
movement as may be established by the Party carrying out the 
explosion. Designated Personnel shall have access only to the 
areas where they will directly exercise their rights and 
functions in accordance with Sections V, VI, and VII of this 
Protocol.
    12. Designated Personnel shall not be given or seek access 
by physical, visual or technical means to the interior of the 
explosive canister, to documentary or other information 
descriptive of the design of an explosive, or to equipment for 
control and firing of explosives. The Party carrying out the 
explosion shall not locate documentary or other information 
descriptive of the design of an explosive in such ways as to 
impede Designated Personnel in carrying out their activities in 
accordance with this Protocol.
    13. With the exception of those cases in which the Parties 
otherwise agree, all costs related to the activities of 
Designated Personnel and Transport Personnel carried out in 
accordance with the Protocol shall be borne by the Verifying 
Party, including costs for materials, equipment, leased 
equipment, and services that have been requested by and 
provided to the Verifying Party, as well as costs for 
transportation, food, living and working facilities, provision 
of medical assistance, and communications. These costs shall be 
billed at the standard or official rate existing in the 
territory of the Party carrying out the explosion.
    14. The Verifying Party shall have the right to include 
among its Designated Personnel a medical specialist, who shall 
be allowed to bring medications, medical instruments, and 
portable medical equipment agreed upon by the Parties. If 
Designated Personnel are treated in a medical facility of the 
Party carrying out the explosion the medical specialist shall 
have the right to consult on the recommended treatment and 
monitor the course of medical treatment at all times. The 
medical specialist of the Verifying Party shall have the right 
to require the Party carrying out the explosion to provide 
emergency evacuation of any individual of Designated Personnel 
who is ill or suffered and accident to a mutually agreed 
medical facility in the territory of the Party carrying out the 
explosion or to the point of entry for emergency medical 
evacuation by the Verifying Party. Designated Personnel shall 
have the right to refuse any treatment prescribed by medical 
personnel of the Party carrying out the explosion, and in this 
case the Party carrying out the explosion shall not be 
responsible for any consequences of such refusal. Such refusal 
must always be express.

        SECTION XI. PROCEDURES FOR CONSULTATION AND COORDINATION

    1. To facilitate the implementation of this Protocol, the 
Parties shall use the Joint Consultative Commission, as 
provided for in the Treaty, that shall meet at the request of 
either Party. For each explosion for which activities are 
carried out in accordance with this Protocol, the Parties shall 
establish a Coordinating Group of this Commission.
    2. The Coordinating Group shall be responsible for 
coordinating the activities of the Verifying Party with the 
activities of the Party carrying out the explosion.
    3. The Coordinating Group shall operate throughout the 
entire period of preparing and carrying out of the activities 
related to verification for a particular explosion, until the 
departure of Designated Personnel from the territory of the 
Party carrying out the explosion.
    4. The Representative of the Verifying Party to the 
Coordinating Group shall be the Designated Personnel Team 
Leader whose name shall be provided simultaneously with the 
notification of intent to carry out activities related to 
verification for a particular explosion. All members of the 
Coordinating Group from the Verifying Party shall be drawn from 
the list of Designated Personnel. Within 15 days following 
receipt of this notification, the Party carrying out the 
explosion shall provide the Verifying Party with the name of 
its Representative to the Coordinating Group.
    5. The first meeting of the Coordinating Group shall be 
convened in the capital of the Party carrying out the explosion 
within 25 days following notification by the Verifying Party of 
its intent to conduct activities related to verification for a 
particular explosion. Thereafter, the Coordinating Group shall 
meet at the request of either Party.
    6. At the first meeting of the Coordinating Group, the 
Party carrying out the explosion shall present a list, 
including times and durations, of all its planned activities 
that are to be carried out as from the first day of this 
meeting and affect the rights of the Verifying Party provided 
in this Protocol. The Verifying Party shall provide a 
preliminary statement of its requirements for technical and 
logistical support for the activities related to verification 
that it intends to carry out. Within 10 days the Parties shall 
develop and agree upon coordinated schedule, including specific 
times and durations for carrying out activities related to 
verification, that shall ensure the rights of each Party 
provided in this Protocol.
    7. Agreement of the Representative of each Party in the 
Coordinating Group shall constitute agreement of the Parties 
with respect to the following specific provisions of this 
Protocol:
          (a) Section I: paragraph 5;
          (b) Section IV: paragraphs 9, 10(b), and 11;
          (c) Section V: paragraphs 2, 3, 4(b), 6(a), 7, 8(d), 
        9(f), 10 and 11;
          (d) Section VI: paragraphs 2, 3, 4, 5, 6, and 9;
          (e) Section VII: paragraphs 1(b) and 2(c);
          (f) Section VIII: paragraphs 1(g), 4, 5(b), 5(g), and 
        8(f);
          (g) Section X: paragraphs 4 and 13; and
          (h) Section XI: paragraph 6.
    8. Upon completion of activities related to verification at 
the site of an explosion, the Designated Personnel Team Leader 
shall prepare, at his option, either at the site of the 
explosion or in the capital of the Party carrying out the 
explosion, a report of the activities provided for in this 
Protocol that were carried out by Designated Personnel. The 
report shall be factual, and shall list the types of activities 
in chronological order. Lists of information, of photographs, 
and of data required in accordance with this Protocol and 
provided by Designated Personnel to the Party carrying out the 
explosion and received by Designated Personnel from the Party 
carrying out the explosion in the course of conducting 
activities related to verification on the territory of the 
Party carrying out the explosion shall be appended to the 
report. The report shall be provided to the Party carrying out 
the explosion in its capital by the Designated Personnel Team 
Leader within 15 days following completion of activities 
related to verification at the site of the explosion.
    9. If, in the course of implementing activities related to 
verification in accordance with this Protocol, questions arise 
requiring prompt resolution, such questions shall be considered 
by the Coordinating Group. If the Coordinating Group is unable 
to resolve such questions, they shall immediately be referred 
to the Joint Consultative Commission for resolution.
    10. Within 30 days after the Party carrying out the 
explosion provides notification of its intent to carry out a 
group explosion having a planned aggregate yield exceeding 150 
kilotons, a meeting of the Joint Consultative Commission shall 
be convened at the request of either Party with the goal of 
reaching agreement on specific procedures as specified in 
paragraph 2 of Section II of this Protocol. The explosion shall 
be conducted no less than 150 days following agreement of the 
Parties upon such procedures.
    11. The Joint Consultative Commission may, as necessary, 
establish and amend procedure governing the activities of the 
Coordinating Group.

                  SECTION XII. RELEASE OF INFORMATION

    1. Nothing in the Treaty and this Protocol shall affect the 
proprietary rights of either Party in information provided by 
it in accordance with the Treaty and this Protocol, or in 
information that may be disclosed to the other Party or that 
may be disclosed to the other Party or that may become known to 
the other Party in preparing for, or carrying out, explosions. 
Claims to such proprietary rights, however, shall not impede 
implementation of the provisions of the Treaty and this 
Protocol.
    2. Public release of the information provided in accordance 
with this Protocol or publication of material using such 
information may take place only with the agreement of the Party 
carrying out an explosion. Public release of the results of 
observation or measurements made by Designated Personnel may 
take place only with the agreement of both Parties.

                     SECTION XIII. ENTRY INTO FORCE

    This Protocol is an integral part of the Treaty. It 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.

    Done at Washington, in duplicate, this first day of June, 
1990, in the English and Russian languages, both texts being 
equally authentic.
                     2. SALT and Related Materials

a. Interim Agreement Between the United States of America and the Union 
 of Soviet Socialist Republics on Certain Measures With Respect to the 
  Limitation of Strategic Offensive Arms, With Associated Protocol \1\

  Signed at Moscow, May 26, 1972; Related joint resolution approved, 
  September 30, 1972 [Public Law 92-448]; Approved by the President, 
          October 3, 1972; Entered into force, October 3, 1972

  The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,
---------------------------------------------------------------------------
    \1\ 23 UST 3462; TIAS 7504. The Interim Agreement expired on 
October 3, 1977. Both the United States and the Soviet Union, however, 
issued parallel statements announcing that they would continue to 
observe the limitations on strategic buildups which were contained in 
the Agreement.

  Convinced that the Treaty on the Limitation of Anti-Ballistic 
Missile Systems and this Interim Agreement on Certain Measures 
with Respect to the Limitation of Strategic Offensive Arms will 
contribute to the creation of more favorable conditions for 
active negotiations on limiting strategic arms as well as to 
the relaxation of international tension and the strengthening 
---------------------------------------------------------------------------
of trust between States,

  Taking into account the relationship between strategic 
offensive and defensive arms,

  Mindful of their obligations under Article VI of the Treaty 
on the Non-Proliferation of Nuclear Weapons,

  Have agreed as follows:

                               Article I

  The Parties undertake not to start construction of additional 
fixed land-based intercontinental ballistic missile (ICBM) 
launchers after July 1, 1972.

                               Article II

  The Parties undertake not to convert land-based launchers for 
light ICBMs, or ICBMs of older types deployed prior to 1964, 
into land-based launchers for heavy ICBMs of types deployed 
after that time.

                              Article III

  The Parties undertake to limit submarine-launched ballistic 
missile (SLBM) launchers and modern ballistic missile 
submarines to the numbers operational and under construction on 
the date of signature of this Interim Agreement, and in 
addition to launchers and submarines constructed under 
procedures established by the Parties as replacements for an 
equal number of ICBM launchers of older types deployed prior to 
1964 or for launchers on older submarines.

                               Article IV

  Subject to the provisions of this Interim Agreement, 
modernization and replacement of strategic offensive ballistic 
missiles and launchers covered by this Interim Agreement may be 
undertaken.

                               Article V

  1. For the purpose of providing assurance of compliance with 
the provisions of this Interim Agreement, each Party shall use 
national technical means of verification at its disposal in a 
manner consistent with generally recognized principles of 
international law.
  2. Each Party undertakes not to interfere with the national 
technical means of verification of the other Party operating in 
accordance with paragraph 1 of this Article.
  3. Each Party undertakes not to use deliberate concealment 
measures which impede verification by national technical means 
of compliance with the provisions of this Interim Agreement. 
This obligation shall not require changes in current 
construction, assembly, conversion, or overhaul practices.

                               Article VI

  To promote the objectives and implementation of the 
provisions of this Interim Agreement, the Parties shall use the 
Standing Consultative Commission established under Article XIII 
of the Treaty on the Limitation of Anti-Ballistic Missile 
Systems in accordance with the provisions of that Article.

                              Article VII

  The Parties undertake to continue active negotiations for 
limitations on strategic offensive arms. The obligations 
provided for in this Interim Agreement shall not prejudice the 
scope or terms of the limitations on strategic offensive arms 
which may be worked out in the course of further negotiations.

                              Article VIII

  1. This Interim Agreement shall enter into force upon 
exchange of written notices of acceptance by each Party, which 
exchange shall take place simultaneously with the exchange of 
instruments of ratification of the Treaty on the Limitation of 
Anti-Ballistic Missile Systems.
  2. This Interim Agreement shall remain in force for a period 
of five years unless replaced earlier by an agreement on more 
complete measures limiting strategic offensive arms. It is the 
objective of the Parties to conduct active follow-on 
negotiations with the aim of concluding such an agreement as 
soon as possible.
  3. Each Party shall, in exercising its national sovereignty, 
have the right to withdraw from this Interim Agreement if it 
decides that extraordinary events related to the subject matter 
of this Interim Agreement have jeopardized its supreme 
interests. It shall give notice of its decision to the other 
Party six months prior to withdrawal from this Interim 
Agreement. Such notice shall include a statement of the 
extraordinary events the notifying Party regards as having 
jeopardized its supreme interests.

  Done at Moscow on May 26, 1972, in two copies, each in the 
English and Russian languages, both texts being equally 
authentic.

  For the United States of America:
                                             Richard Nixon,
                         President of the United States of America.

  For the Union of Soviet Socialist Republics:
                                            L. I. Brezhnev,
            General Secretary of the Central Committee of the CPSU.
                              ----------                              


Protocol to the Interim Agreement Between the United States of America 
 and the Union of Soviet Socialist Republics on Certain Measures With 
       Respect to the Limitation of Strategic Offensive Arms \2\

                     Signed at Moscow, May 26, 1972

  The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties.
---------------------------------------------------------------------------
    \2\ 23 UST 3469.
---------------------------------------------------------------------------
  Having agreed on certain limitations relating to submarine-
launched ballistic missile launchers and modern ballistic 
missile submarines, and to replacement procedures, in the 
Interim Agreement,
  Have agreed as follows:
  The Parties understand that, under Article III of the Interim 
Agreement, for the period during which that Agreement remains 
in force:
  The U.S. may have no more than 710 ballistic missile 
launchers on submarines (SLBMs) and no more than 44 modern 
ballistic missile submarines. The Soviet Union may have no more 
than 950 ballistic missile launchers on submarines and no more 
than 62 modern ballistic missile submarines.
  Additional ballistic missile launchers on submarines up to 
the above-mentioned levels, in the U.S.--over 656 ballistic 
missile launchers on nuclear-powered submarines, and in the 
U.S.S.R.--over 740 ballistic missile launchers on nuclear-
powered submarines, operational and under construction, may 
become operational as replacements for equal numbers of 
ballistic missile launchers of older types deployed prior to 
1964 or of ballistic missile launchers on older submarines.
  The deployment of modern SLBMs on any submarine, regardless 
of type, will be counted against the total level of SLBMs 
permitted for the U.S. and the U.S.S.R.
  This protocol shall be considered an integral part of the 
Interim Agreement.

  Done at Moscow this 26th day of May, 1972.

  For the United States of America:
                                             Richard Nixon,
                         President of the United States of America.

  For the Union of Soviet Socialist Republics:
                                            L. I. Brezhnev,
            General Secretary of the Central Committee of the CPSU.
              b. Joint Resolution on Interim Agreement \1\

 Public Law 92-448 [H.J. Res. 1227], 86 Stat. 746, approved September 
                                30, 1972

  Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
Congress hereby endorses those portions of the Declaration of 
Basic Principles of Mutual Relations Between the United States 
of America and the Union of Soviet Socialist Republics signed 
by President Nixon and General Secretary Brezhnev at Moscow on 
May 29, 1972, which relate to the dangers of military 
confrontation and which read as follows:
---------------------------------------------------------------------------
    \1\ The Interim Agreement expired on October 3, 1977. Both the 
United States and the Soviet Union, however, issued parallel statements 
announcing that they would continue to observe the limitations on 
strategic buildups which were contained in the Interim Agreement.

  ``The United States of America and the Union of Soviet 
Socialist Republics attach major importance to preventing the 
development of situations capable of causing a dangerous 
exacerbation of their relations . . . '' and ``will do their 
utmost to avoid military confrontations and to prevent the 
outbreak of nuclear war'' and ``will always exercise restraint 
in their mutual relations,'' and ``on outstanding issues will 
conduct'' their discussions and negotiations ``in a spirit of 
reciprocity, mutual accommodation and mutual benefit,'' and
  ``Both sides recognize that efforts to obtain unilateral 
advantage at the expense of the other, directly or indirectly, 
are inconsistent with these objectives,'' and
  ``The prerequisites for maintaining and strengthening 
peaceful relations between the United States of America and the 
Union of Soviet Socialist Republics are the recognition of the 
security interests of the parties based on the principle of 
equality and the renunciation of the use or threat of force.''
  Sec. 2. The President is hereby authorized to approve on 
behalf of the United States the interim agreement between the 
United States of America and the Union of Soviet Socialist 
Republics on certain measures with respect to the limitation of 
strategic offensive arms, and the protocol related thereto, 
signed at Moscow on May 26, 1972, by Richard Nixon, President 
of the United States of America and Leonid I. Brezhnev, General 
Secretary of the Central Committee of the Communist Party of 
the Soviet Union.
  Sec. 3. The Government and the people of the United States 
ardently desire a stable international strategic balance that 
maintains peace and deters aggression. The Congress supports 
the stated policy of the United States that, were a more 
complete strategic offensive arms agreement not achieved within 
the five years of the interim agreement, and were the 
survivability of the strategic deterrent forces of the United 
States to be threatened as a result of such failure, this could 
jeopardize the supreme national interests of the United States; 
the Congress recognizes the difficulty of maintaining a stable 
strategic balance in a period of rapidly developing technology; 
the Congress recognizes the principle of United States-Soviet 
Union equality reflected in the antiballistic missile treaty, 
and urges and requests the President to seek a future treaty 
that, inter alia, would not limit the United States to levels 
of intercontinental strategic forces inferior to the limits 
provided for the Soviet Union: and the Congress considers that 
the success of these agreements and the attainment of more 
permanent and comprehensive agreements are dependent upon the 
maintenance under present world conditions of a vigorous 
research and development and modernization program as required 
by a prudent strategic posture.
  Sec. 4. The Congress hereby commends the President for having 
successfully concluded agreements with the Soviet Union 
limiting the production and deployment of antiballistic 
missiles and certain strategic offensive armaments, and it 
supports the announced intention of the President to seek 
further limits on the production and deployment of strategic 
armaments at future Strategic Arms Limitation Talks. At the 
same time, the Senate takes cognizance of the fact that 
agreements to limit the further escalation of the arms race are 
only preliminary steps, however important, toward the 
attainment of world stability and national security. The 
Congress therefore urges the President to seek at the earliest 
practicable moment Strategic Arms Reduction Talks (START) with 
the Soviet Union, the People's Republic of China, and other 
countries, and simultaneously to work toward reductions in 
conventional armaments, in order to bring about agreements for 
mutual decreases in the production and development of weapons 
of mass destruction so as to eliminate the threat of large-
scale devastation and the ever-mounting costs of arms 
production and weapons modernization, thereby freeing world 
resources for constructive, peaceful use.
  Sec. 5. Pursuant to paragraph six of the Declaration of 
Principles of Nixon and Brezhnev on May 29, 1972, which states 
that the United States and the Union of Soviet Socialist 
Republics: ``will continue to make special efforts to limit 
strategic armaments. Whenever possible, they will conclude 
concrete agreements aimed at achieving these purposes''; 
Congress considers that the success of the interim agreement 
and the attainment of more permanent and comprehensive 
agreements are dependent upon the preservation of longstanding 
United States policy that neither the Soviet Union nor the 
United States should seek unilateral advantage by developing a 
first strike potential.
   c. Agreed Interpretations, Common Understandings, and Unilateral 
                               Statements

                       1. Agreed Interpretations

  (a) Initialed Statements.--The document set forth below was 
agreed upon and initialed by the Heads of the Delegations on 
May 26, 1972:

  Agreed Statements Regarding the Treaty Between the United States of 
 America and the Union of Soviet Socialist Republics on the Limitation 
                 of Anti-Ballistic Missile Systems \1\

                                  [A]

  The Parties understand that, in addition to the ABM radars 
which may be deployed in accordance with subparagraph (a) of 
Article III of the Treaty, those non-phased-array ABM radars 
operational on the date of signature of the Treaty within the 
ABM system deployment area for defense of the national capital 
may be retained.
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                                  [B]

  The Parties understand that the potential (the product of 
mean emitted power in watts and antenna area in square meters) 
of the smaller of the two large phased-array ABM radars 
referred to in subparagraph (b) of Article III of the Treaty is 
considered for purposes of the Treaty to be three million.

                                  [C]

  The Parties understand that the center of the ABM system 
deployment area centered on the national capital and the center 
of the ABM system deployment area containing ICBM silo 
launchers for each Party shall be separated by no less than 
thirteen hundred kilometers.

                                  [D]

  In order to insure fulfillment of the obligation not to 
deploy ABM systems and their components except as provided in 
Article III of the Treaty, the Parties agree that in the event 
ABM systems based on other physical principles and including 
components capable of substituting for ABM interceptor 
missiles, ABM launchers, or ABM radars are created in the 
future, specific limitations on such systems and their 
components would be subject to discussion in accordance with 
Article XIII and agreement in accordance with Article XIV of 
the Treaty.

                                  [E]

  The Parties understand that Article V of the Treaty includes 
obligations not to develop, test or deploy ABM interceptor 
missiles for the delivery by each ABM interceptor missile of 
more than one independently guided warhead.

                                  [F]

  The Parties agree not to deploy phased-array radars having a 
potential (the product of mean emitted power in watts and 
antenna area in square meters) exceeding three million, except 
as provided for in Articles III, IV and VI of the Treaty, or 
except for the purposes of tracking objects in outer space or 
for use as national technical means of verification.

                                  [G]

  The Parties understand that Article IX of the Treaty includes 
the obligation of the U.S. and the U.S.S.R. not to provide to 
other States technical descriptions or blueprints specially 
worked out for the construction of ABM systems and their 
components limited by the Treaty.

  (b) Common Understandings.--Common understanding of the 
Parties on the following matters was reached during the 
negotiations:

                      a. location of icbm defenses

  The U.S. Delegation made the following statement on May 26, 
1972:

  ``Article III of the ABM Treaty provides for each side one 
ABM system deployment area centered on its national capital and 
one ABM system deployment area containing ICBM silo launchers. 
The two sides have registered agreement on the following 
statement: `The Parties understand that the center of the ABM 
system deployment area centered on the national capital and the 
center of the ABM system deployment area contained ICBM silo 
launchers for each Party shall be separated by no less than 
thirteen hundred kilometers.' In this connection, the U.S. side 
notes that its ABM system deployment area for defense of ICBM 
silo launchers, located west of the Mississippi River, will be 
centered in the Grand Forks ICBM silo launcher deployment 
area.'' (See Initialed Statement [C].)

                           b. abm test ranges

  The U.S. Delegation made the following statement on April 26, 
1972:

  ``Article IV of the ABM Treaty provides that `the limitations 
provided for in Article III shall not apply to ABM systems or 
their components used for development or testing, and located 
within current or additionally agreed test ranges.' We believe 
it would be useful to assure that there is no misunderstanding 
as to current ABM test ranges. It is our understanding that ABM 
test ranges encompass the area within which ABM components are 
located for test purposes. The current U.S. ABM test ranges are 
at White Sands, New Mexico, and at Kwajalein Atoll, and the 
current Soviet ABM test range is near Sary Shagan in 
Kazakhstan. We consider that non-phased array radars of types 
used for range safety or instrumentation purposes may be 
located outside of ABM test ranges. We interpret the reference 
in Article IV to `additionally agreed test ranges' to mean that 
ABM components will not be located at any other test ranges 
without prior agreement between our Governments that there will 
be such additional ABM test ranges.''

  On May 5, 1972, the Soviet Delegation stated that there was a 
common understanding on what ABM test ranges were, that the use 
of the types of non-ABM radars for range safety or 
instrumentation was not limited under the Treaty, that the 
reference in Article IV to ``additionally agreed'' test ranges 
was sufficiently clear, and that national means permitted 
identifying current test ranges.

                         c. mobile abm systems

  On January 28, 1972, the U.S. Delegation made the following 
statement:

  ``Article V(I) of the Joint Draft Text of the ABM Treaty 
includes an undertaking not to develop, test, or deploy mobile 
land-based ABM systems and their components. On May 5, 1972, 
the U.S. side indicated that, in its view, a prohibition on 
deployment of mobile ABM systems and components would rule out 
the deployment of ABM launchers and radars which were not 
permanent fixed types. At that time, we asked for the Soviet 
view of this interpretation. Does the Soviet side agree with 
the U.S. side's interpretation put forward on May 5, 1971?''

  On April 13, 1972, the Soviet Delegation said there is a 
general common understanding on this matter.

                  d. standing consultative commission

  Ambassador Smith made the following statement on May 22, 
1972:

  ``The United States proposes that the sides agree that, with 
regard to initial implementation of the ABM Treaty's Article 
XIII on the Standing Consultative Commission (SCC) and of the 
consultation Articles to the Interim Agreement on offensive 
arms and the Accidents Agreement,\2\ agreement establishing the 
SCC will be worked out early in the follow-on SALT 
negotiations; until that is completed, the following 
arrangements will prevail: when SALT is in session, any 
consultation desired by either side under these Articles can be 
carried out by the two SALT Delegations: when SALT is not in 
session, ad hoc arrangements for any desired consultations 
under these Articles may be made through diplomatic channels.''
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    \2\ See Article 7 of 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, signed September 30, 1971.
---------------------------------------------------------------------------
  Minister Semenov replied that, on an ad referendum basis, he 
could agree that the U.S. statement corresponded to the Soviet 
understanding.

                             e. standstill

  On May 6, 1972, Minister Semenov made the following 
statement:
  ``In an effort to accommodate the wishes of the U.S. side, 
the Soviet Delegation is prepared to proceed on the basis that 
the two sides will in fact observe the obligations of both the 
Interim Agreement and the ABM Treaty beginning from the date of 
signature of these two documents.''
  In reply, the U.S. Delegation made the following statement on 
May 20, 1972:
  ``The U.S. agrees in principle with the Soviet statement made 
on May 6 concerning observance of obligations beginning from 
date of signature but we would like to make clear our 
understanding that this means that, pending ratification and 
acceptance, neither side would take any action prohibited by 
the agreements after they had entered into force. This 
understanding would continue to apply in the absence of 
notification by either signatory of its intention not to 
proceed with ratification or approval.''
  The Soviet Delegation indicated agreement with the U.S. 
statement.

                        2. Unilateral Statements

  (a) The following noteworthy unilateral statements were made 
during the negotiations by the United States Delegation:

                   a. withdrawal from the abm treaty

  On May 9, 1972, Ambassador Smith made the following 
statement:
  ``The U.S. Delegation has stressed the importance the U.S. 
Government attaches to achieving agreement on more complete 
limitations on strategic offensive arms, following agreement on 
an ABM Treaty and on an Interim Agreement on certain measures 
with respect to the limitation of strategic offensive arms. The 
U.S. Delegation believes that an objective of the follow-on 
negotiations should be to constrain and reduce on a long-term 
basis threats to the survivability of our respective strategic 
retaliatory forces. The U.S.S.R. Delegation has also indicated 
that the objectives of SALT would remain unfulfilled without 
the achievement of an agreement providing for more complete 
limitations on strategic offensive arms. Both sides recognize 
that the initial agreements would be steps toward the 
achievement of more complete limitations on strategic arms. If 
an agreement providing for more complete strategic offensive 
arms limitations were not achieved within five years, U.S. 
supreme interests could be jeopardized. Should that occur, it 
would constitute a basis for withdrawal from the ABM Treaty. 
The U.S. does not wish to see such a situation occur, nor do we 
believe that the U.S.S.R. does. It is because we wish to 
prevent such a situation that we emphasize the importance the 
U.S. Government attaches to achievement of more complete 
limitations on strategic offensive arms. The U.S. Executive 
will inform the Congress, in connection with Congressional 
consideration of the ABM Treaty and the Interim Agreement, of 
this statement of the U.S. position.''

                         b. tested in abm mode

  On April 7, 1972, the U.S. Delegation made the following 
statement:
  ``Article II of the Joint Text Draft uses the term `tested in 
an ABM mode,' in defining ABM components, and Article VI 
includes certain obligations concerning such testing. We 
believe that the sides should have a common understanding of 
this phrase. First, we would note that the testing provisions 
of the ABM Treaty are intended to apply to testing which occurs 
after the date of signature of the Treaty, and not to any 
testing which may have occurred in the past. Next, we would 
amplify the remarks we have made on this subject during the 
previous Helsinki phase by setting forth the objectives which 
govern the U.S. view on the subject, namely, while prohibiting 
testing of non-ABM components for ABM purposes: Not to present 
testing of ABM components, and not to prevent testing non-ABM 
components for non-ABM purposes. To clarify our interpretation 
of `tested in an ABM mode,' we note that we would consider a 
launcher, missile or radar to be `tested in an ABM model' if, 
for example, any of the following events occur: (1) a launcher 
is used to launch an ABM interceptor missile, (2) an 
interceptor missile is flight tested against a target vehicle 
which has a flight trajectory with characteristics of a 
strategic ballistic missile flight trajectory, or is flight 
tested in conjunction with the test of an ABM interceptor 
missile or an ABM radar at the same test range, or is flight 
tested to an altitude inconsistent with interception of targets 
against which air defenses are deployed, (3) a radar makes 
measurements on a cooperative target vehicle of the kind 
referred to in item (2) above during the reentry portion of its 
trajectory or makes measurements in conjunction with the test 
of an ABM interceptor missile or an ABM radar at the same test 
range. Radars used for purposes such as range safety or 
instrumentation would be exempt from application of these 
criteria.''

                  c. no-transfer article of abm treaty

  On April 18, 1972, the U.S. Delegation made the following 
statement:
  ``In regard to this Article [IX], I have a brief and I 
believe self-explanatory statement to make. The U.S. side 
wishes to make clear that the provisions of this Article do not 
set a precedent for whatever provision may be considered for a 
Treaty on Limiting Strategic Offensive Arms. The question of 
transfer of strategic offensive arms is a far more complex 
issue, which may require a different solution.''

           d. no increase in defense of early warning radars

  On July 28, 1970, the U.S. Delegation made the following 
statement:
  ``Since Hen House radars [Soviet ballistic missile early 
warning radars] can detect and track ballistic missile warheads 
at great distances, they have a significant ABM potential. 
Accordingly, the U.S. would regard any increase in the defenses 
of such radars by surface-to-air missiles as inconsistent with 
an agreement.''
                              ----------                              


                       1. Agreed Interpretations

  (a) Initialed Statements.--The document set forth below was 
agreed upon and initialed by the Heads of the Delegations on 
May 26, 1972.

 Agreed Statements Regarding the Interim Agreement Between the United 
   States of America and the Union of Soviet Socialist Republics on 
Certain Measures With Respect to the Limitation of Strategic Offensive 
                                Arms \3\

                                  [A]

  The Parties understand that land-based ICBM launchers 
referred to in the Interim Agreement are understood to be 
launchers for strategic ballistic missiles capable of ranges in 
excess of the shortest distance between the northeastern border 
of the continental U.S. and the northwestern border of the 
continental U.S.S.R.
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                                  [B]

  The Parties understand that fixed land based ICBM launchers 
under active construction as of the date of signature of the 
Interim Agreement may be completed.

                                  [C]

  The Parties understand that in the process of modernization 
and replacement the dimensions of land-based ICBM silo 
launchers will not be significantly increased.

                                  [D]

  The Parties understand that during the period of the Interim 
Agreement there shall be no significant increase in the number 
of ICBM or SLBM test and training launchers, or in the number 
of such launchers for modern land-based heavy ICBMs. The 
Parties further understand that construction or conversion of 
ICBM launchers at test ranges shall be undertaken only for 
purposes of testing and training.

                                  [E]

  The Parties understand that dismantling or destruction of 
ICBM launchers of older types deployed prior to 1964 and 
ballistic missile launchers on older submarines being replaced 
by new SLBM launchers on modern submarines will be initiated at 
the time of the beginning of sea trials of a replacement 
submarine, and will be completed in the shortest possible 
agreed period of time. Such dismantling or destruction, and 
timely notification thereof, will be accomplished under 
procedures to be agreed in the Standing Consultative 
Commission.

  (b) Common Understandings.--Common understanding of the 
Parties on the following matters was reached during the 
negotiations:

                  a. increase in icbm silo dimensions

  Ambassador Smith made the following statement on May 26, 
1972:

  ``The Parties agree that the term `significantly increased' 
means that an increase will not be greater than 1015 percent of 
the present dimensions of land-based ICBM silo launchers.''

  Minister Semenov replied that this statement corresponded to 
the Soviet understanding.

                  b. standing consultative commission

    [Here follows text identical to d. in the preceding ABM Treaty 
                            understandings]

                             c. standstill

    [Here follows text identical to e. in the preceding ABM Treaty 
                            understandings]

                        2. Unilateral Statements

  (a) The following noteworthy unilateral statements were made 
during the negotiations by the United States Delegation:

                   a. withdrawal from the abm treaty

[Here follows text identical to the Unilateral Statements contained in 
                the preceding ABM Treaty understandings]

                     b. land-mobile icbm launchers

  The U.S. Delegation made the following statement on May 20, 
1972:

  ``In connection with the important subject of land-mobile 
ICBM launchers, in the interest of concluding the Interim 
Agreement the U.S. Delegation now withdraws its proposal that 
Article I or an agreed statement explicitly prohibits the 
deployment of mobile land-based ICBM launchers. I have been 
instructed to inform you that, while agreeing to defer the 
question of limitation of operational land-mobile ICBM 
launchers to the subsequent negotiations on more complete 
limitations on strategic offensive arms, the U.S. would 
consider the deployment of operational land-mobile ICBM 
launchers during the period of the Interim Agreement as 
inconsistent with the objectives of that Agreement.''

                         c. covered facilities

  The U.S. Delegation made the following statement on May 20, 
1972:

  ``I wish to emphasize the importance that the United States 
attaches to the provisions of Article V, including in 
particular their application to fitting out or berthing 
submarines.''

                          d. ``heavy'' icbm's

  The U.S. Delegation made the following statement on May 26, 
1972:

  ``The U.S. Delegation regrets that the Soviet Delegation has 
not been willing to agree on a common definition of a heavy 
missile. Under these circumstances, the U.S. Delegation 
believes it necessary to state the following: The United States 
would consider any ICBM having a volume significantly greater 
than that of the largest light ICBM now operational on either 
side to be a heavy ICBM. The U.S. proceeds on the premise that 
the Soviet side will give due account to this consideration.''

  (b) The following noteworthy unilateral statement was made by 
the Delegation of the U.S.S.R. and is shown here with the U.S. 
reply:
  On May 17, 1972, Minister Semenov made the following 
unilateral ``Statement of the Soviet Side'':

  ``Taking into account that modern ballistic missile 
submarines are presently in the possession of not only the 
U.S., but also of its NATO allies, the Soviet Union agrees that 
for the period of effectiveness of the Interim `Freeze' 
Agreement the U.S. and its NATO allies have up to 50 such 
submarines with a total of up to 800 ballistic missile 
launchers thereon (including 41 U.S. submarines with 656 
ballistic missile launchers). However, if during the period of 
effectiveness of the Agreement U.S. allies in NATO should 
increase the number of their modern submarines to exceed the 
numbers of submarines they would have operational or under 
construction on the date of signature of the Agreement, the 
Soviet Union will have the right to a corresponding increase in 
the number of its submarines. In the opinion of the Soviet 
side, the solution of the question of modern ballistic missile 
submarines provided for in the Interim Agreement only partially 
compensates for the strategic imbalance in the deployment of 
the nuclear-powered missile submarines of the U.S.S.R. and the 
U.S. Therefore, the Soviet side believes that this whole 
question, and above all the question of liquidating the 
American missile submarine bases outside the U.S., will be 
appropriately resolved in the course of follow-on 
negotiations.''

  On May 24, Ambassador Smith made the following reply to 
Minister Semenov:

  ``The United States side has studied the `statement made by 
the Soviet side' of May 17 concerning compensation for 
submarine basing and SLBM submarines belonging to third 
countries. The United States does not accept the validity of 
the considerations in that statement.''

  On May 26 Minister Semenov repeated the unilateral statement 
made on May 24. Ambassador Smith also repeated the U.S. 
rejection on May 26.
       d. Standing Consultative Commission on Arms Limitation \1\

Memorandum of Understanding signed at Geneva December 21, 1972; Entered 
                      into force December 21, 1972

Memorandum of Understanding Between the Government of the United States 
    of America and the Government of the Union of Soviet Socialist 
   Republics Regarding the Establishment of a Standing Consultative 
                               Commission

                                   I

  The Government of the United States of America and the 
Government of the Union of Soviet Socialist Republics hereby 
establish a Standing Consultative Commission.
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                                   II

  The Standing Consultative Commission shall promote the 
objectives and implementation of the provisions of the Treaty 
between the USA and the USSR on the Limitation of Anti-
Ballistic Missile Systems of May 26, 1972, the Interim 
Agreement between the USA and the USSR on Certain Measures with 
Respect to the Limitation of Strategic Offensive Arms of May 
26, 1972, and the Agreement on Measures to Reduce the Risk of 
Outbreak of Nuclear War between the USA and the USSR of 
September 30, 1971, and shall exercise its competence in 
accordance with the provisions of Article XIII of said Treaty, 
Article VI of said Interim Agreement, and Article 7 of said 
Agreement on Measures.

                                  III

  Each Government shall be represented on the Standing 
Consultative Commission by a Commissioner and a Deputy 
Commissioner, assisted by such staff as it deems necessary.

                                   IV

  The Standing Consultative Commission shall hold periodic 
sessions on dates mutually agreed by the Commissioners but no 
less than two times per year. Sessions shall also be convened 
as soon as possible, following reasonable notice, at the 
request of either Commissioner.

                                   V

  The Standing Consultative Commission shall establish and 
approve Regulations governing procedures and other relevant 
matters and may amend them as it deems appropriate.

                                   VI

  The Standing Consultative Commission will meet in Geneva. It 
may also meet at such other places as may be agreed.

  Done in Geneva, on December 21, 1972, in two copies, each in 
the English and Russian language, both texts being equally 
authentic.
e. Standing Consultative Commission on Arms Limitation: Regulations \1\

Protocol, with regulations, signed at Geneva May 30, 1973; Entered into 
                           force May 30, 1973

                    Standing Consultative Commission

                                protocol

  Pursuant to the provisions of the Memorandum of Understanding 
between the Government of the United States of America and the 
Government of the Union of Soviet Socialist Republics Regarding 
the Establishment of a Standing Consultative Commission, dated 
December 21, 1972, the undersigned, having been duly appointed 
by their respective Governments as Commissioners of said 
Standing Consultative Commission, hereby establish and approve, 
in the form attached, Regulations governing procedures and 
other relevant matters of the Commission, which Regulations 
shall enter into force upon signature of this Protocol and 
remain in force until and unless amended by the undersigned or 
their successors.
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    \1\ 24 UST 1124; TIAS 7637.

  Done in Geneva, on May 30, 1973, in two copies each in the 
English and Russian language, both texts being equally 
authentic.

                              [Attachment]

                    Standing Consultative Commission

                              regulations

  1. The Standing Consultative Commission, established by the 
Memorandum of Understanding between the Government of the 
United States of America and the Government of the Union of 
Soviet Socialist Republics Regarding the Establishment of a 
Standing Consultative Commission of December 21, 1972, shall 
consist of a U.S. component and Soviet component, each of which 
shall be headed by a Commissioner.
  2. The Commissioners shall alternately preside over the 
meetings.
  3. The Commissioners shall, when possible, inform each other 
in advance of the matters to be submitted for discussion, but 
may at a meeting submit for discussion any matter within the 
competence of the Commission.
  4. During intervals between sessions of the Commission, each 
Commissioner may transmit written or oral communications to the 
other Commissioner concerning matters within the competence of 
the Commission.
  5. Each component of the Commission may invite such advisers 
and experts as it deems necessary to participate in a meeting.
  6. The Commission may establish working groups to consider 
and prepare specific matters.
  7. The results on the discussion of questions at the meetings 
of the Commission may, if necessary, be entered into records 
which shall be in two copies, each in the English and the 
Russian languages, both texts being equally authentic.
  8. The proceedings of the Standing Consultative Commission 
shall be conducted in private. The Standing Consultative 
Commission may not make its proceedings public except with the 
express consent of both Commissioners.
  9. Each component of the Commission shall bear the expenses 
connected with its participation in the Commission.
3. Treaty Between the United States of America and the Union of Soviet 
    Socialist Republics on the Limitation of Anti-Ballistic Missile 
                  Systems,\1\ With Associated Protocol

  Signed at Moscow, May 26, 1972; Ratification advised by the Senate, 
August 3, 1972; Ratified by the President, September 30, 1972; Entered 
                      into force, October 3, 1972

  The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,
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    \1\ 23 UST 3435; TIAS 7503.

  Proceeding from the premise that nuclear war would have 
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devastating consequences for all mankind,

  Considering that effective measures to limit anti-ballistic 
missile systems would be a substantial factor in curbing the 
race in strategic offensive arms and would lead to a decrease 
in the risk of outbreak of war involving nuclear weapons,

  Proceeding from the premise that the limitation of anti-
ballistic missile systems, as well as certain agreed measures 
with respect to the limitation of strategic offensive arms, 
would contribute to the creation of more favorable conditions 
for further negotiations on limiting strategic arms,

  Mindful of their obligations under Article VI of the Treaty 
on the Non-Proliferation of Nuclear Weapons,

  Declaring their intention to achieve at the earliest possible 
date the cessation of the nuclear arms race and to take 
effective measures toward reductions in strategic arms, nuclear 
disarmament, and general and complete disarmament,

  Desiring to contribute to the relaxation of international 
tension and the strengthening of trust between States,

  Have agreed as follows:

                               Article I

  1. Each Party undertakes to limit anti-ballistic missile 
(ABM) systems and to adopt other measures in accordance with 
the provisions of this Treaty.
  2. Each Party undertakes not to deploy ABM systems for a 
defense of the territory of its country and not to provide a 
base for such a defense, and not to deploy ABM systems for 
defense of an individual region except as provided for in 
Article III of this Treaty.

                               Article II

  1. For the purposes of this Treaty an ABM system is a system 
to counter strategic ballistic missiles or their elements in 
flight trajectory, currently consisting of:
          (a) ABM interceptor missiles, which are interceptor 
        missiles constructed and deployed for an ABM role, or 
        of a type tested in an ABM mode;
          (b) ABM launchers, which are launchers constructed 
        and deployed for launching ABM interceptor missiles; 
        and
          (c) ABM radars, which are radars constructed and 
        deployed for an ABM role, or of a type tested in an ABM 
        mode.
  2. The ABM system components listed in paragraph 1 of this 
Article include those which are:
          (a) operational;
          (b) under construction;
          (c) undergoing testing;
          (d) undergoing overhaul, repair or conversion; or
          (e) mothballed.

                              Article III

  Each party undertakes not to deploy ABM systems or their 
components except that:
  (a) within one ABM system deployment area having a radius of 
one hundred and fifty kilometers and centered on the Party's 
national capital, a Party may deploy; (1) no more than one 
hundred ABM launchers and no more than one hundred ABM 
interceptor missiles at launch sites, and (2) ABM radars within 
no more than six ABM radar complexes, the area of each complex 
being circular and have a diameter of no more than three 
kilometers; and
  (b) within one ABM system deployment area having a radius of 
one hundred and fifty kilometers and containing ICBM silo 
launchers, a Party may deploy: (1) no more than one hundred ABM 
launchers and no more than one hundred ABM interceptor missiles 
at launch sites, (2) two large phased-array ABM radars 
comparable in potential to corresponding ABM radars operational 
or under construction on the date of signature of the Treaty in 
an ABM system deployment area containing ICBM silo launchers, 
and (3) no more than eighteen ABM radars each having a 
potential less than the potential of the smaller of the above-
mentioned two large phased-array ABM radars.

                               Article IV

  The limitations provided for in Article III shall not apply 
to ABM systems or their components used for development or 
testing, and located within current or additionally agreed test 
ranges. Each Party may have no more than a total of fifteen ABM 
launchers at test ranges.

                               Article V

  1. Each Party undertakes not to develop, test, or deploy ABM 
systems or components which are sea-based, air-based, space-
based, or mobile land-based.
  2. Each Party undertakes not to develop, test, or deploy ABM 
launchers for launching more than one ABM interceptor missile 
at a time from each launcher, nor to modify deployed launchers 
to provide them with such a capability, nor to develop, test, 
or deploy automatic or semi-automatic or other similar systems 
for rapid reload or ABM launchers.

                               Article VI

  To enhance assurance of the effectiveness of the limitations 
on ABM systems and their components provided by this Treaty, 
each Party undertakes:
  (a) not to give missiles, launchers, or radars, other than 
ABM interceptor missiles, ABM launchers, or ABM radars, 
capabilities to counter strategic ballistic missiles or their 
elements in flight trajectory, and not to test them in an ABM 
mode; and
  (b) not to deploy in the future radars for early warning of 
strategic ballistic missile attack except at locations along 
the periphery of its national territory and oriented outward.

                              Article VII

  Subject to the provisions of this Treaty, modernization and 
replacement of ABM systems or their components may be carried 
out.

                              Article VIII

  ABM systems or their components in excess of the numbers or 
outside the areas specified in this Treaty, as well as ABM 
systems or their components prohibited by this Treaty, shall be 
destroyed or dismantled under agreed procedures within the 
shortest possible agreed period of time.

                               Article IX

  To assure the viability and effectiveness of this Treaty, 
each Party undertakes not to transfer to other States, and not 
to deploy outside its national territory, ABM systems or their 
components limited by this Treaty.

                               Article X

  Each Party undertakes not to assume any international 
obligations which would conflict with this Treaty.

                               Article XI

  The Parties undertake to continue active negotiations for 
limitations on strategic offensive arms.

                              Article XII

  1. For the purpose of providing assurance of compliance with 
the provisions of this Treaty, each Party shall use national 
technical means of verification at its disposal in a manner 
consistent with generally recognized principles of 
international law.
  2. Each Party undertakes not to interfere with the national 
technical means of verification of the other Party operating in 
accordance with paragraph 1 of this Article.
  3. Each Party undertakes not to use deliberate concealment 
measures which impede verification by national technical means 
of compliance with the provisions of this Treaty. This 
obligation shall not require changes in current construction, 
assembly, conversion, or overhaul practices.

                              Article XIII

  1. To promote the objectives and implementation of the 
provisions of this Treaty, the Parties shall establish promptly 
a Standing Consultative Commission, within the framework of 
which they will:
          (a) consider questions concerning compliance with the 
        obligations assumed and related situations which may be 
        considered ambiguous;
          (b) provide on a voluntary basis such information as 
        either Party considers necessary to assure confidence 
        in compliance with the obligations assumed;
          (c) consider questions involving unintended 
        interference with national technical means of 
        verification;
          (d) consider possible changes in the strategic 
        situation which have a bearing on the provisions of 
        this Treaty;
          (e) agree upon procedures and dates for destruction 
        or dismantling of ABM systems or their components in 
        cases provided for by the provisions of this Treaty;
          (f) consider, as appropriate, possible proposals for 
        further increasing the viability of this Treaty, 
        including proposals for amendments in accordance with 
        the provisions of this Treaty;
          (g) consider, as appropriate, proposals for further 
        measures aimed at limiting strategic arms.
  2. The Parties through consultation shall establish, and may 
amend as appropriate, Regulations for the Standing Consultative 
Commission governing procedures, composition and other relevant 
matters.

                              Article XIV

  1. Each Party may propose amendments to this Treaty. Agreed 
amendments shall enter into force in accordance with the 
procedures governing the entry into force to this Treaty.
  2. Five years after entry into force of this Treaty, and at 
five year intervals thereafter, the Parties shall together 
conduct a review of this Treaty.

                               Article XV

  1. This Treaty shall be of unlimited duration.
  2. Each Party shall, in exercising its national sovereignty, 
have the right to withdraw from this Treaty if it decides that 
extraordinary events related to the subject matter of this 
Treaty have jeopardized its supreme interests. It shall give 
notice of its decision to the other Party six months prior to 
withdrawal from the Treaty. Such notice shall include a 
statement of the extraordinary events the notifying Party 
regards as having jeopardized its supreme interests.

                              Article XVI

  1. This Treaty shall be subject to ratification in accordance 
with the constitutional procedures of each Party. The Treaty 
shall enter into force on the day of the exchange of 
instruments of ratification.
  2. This Treaty shall be registered pursuant to Article 102 of 
the Charter of the United Nations.
  Done at Moscow on May 26, 1972, in two copies, each in the 
English and Russian languages, both texts being equally 
authentic.

  For the United States of America:
                                             Richard Nixon,
                         President of the United States of America.

  For the Union of Soviet Socialist Republics:
                                            L. I. Brezhnev,
            General Secretary of the Central Committee of the CPSU.
                              ----------                              


  Protocol to the Treaty Between the United States of America and the 
Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic 
                          Missile Systems \2\

  Signed at Moscow, July 3, 1974; Ratification advised by the Senate, 
November 10, 1975; Ratified by the President, March 19, 1976; Ratified 
      by the Union of Soviet Socialist Republics, March 30, 1976; 
Ratifications exchanged at Washington, May 24, 1976; Proclaimed by the 
       President, July 6, 1976; Entered into force, May 24, 1976

  The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,
---------------------------------------------------------------------------
    \2\ 27 UST 1645; TIAS 8276.

  Proceeding from the Basic Principles of Relations between the 
United States of America and the Union of Soviet Socialist 
---------------------------------------------------------------------------
Republics signed on May 29, 1972,

  Desiring to further the objectives of the Treaty between the 
United States of America and the Union of Soviet Socialist 
Republics on the Limitation of Anti-Ballistic Missile Systems 
signed on May 26, 1972, hereinafter referred to as the Treaty.

  Reaffirming their conviction that the adoption of further 
measures for the limitation of strategic arms would contribute 
to strengthening international peace and security,

  Proceeding from the premise that further limitation of anti-
ballistic missile systems will create more favorable conditions 
for the completion of work on a permanent agreement on more 
complete measures for the limitation of strategic offensive 
arms,

  Have agreed as follows:

                               Article I

  1. Each Party shall be limited at any one time to a single 
area out of the two provided in Article III of the Treaty for 
deployment of anti-ballistic missile (ABM) systems or their 
components and accordingly shall not exercise its rights to 
deploy an ABM system or its components in the second of the two 
ABM system deployment areas permitted by Article III of the 
Treaty, except as an exchange of one permitted area for the 
other in accordance with Article II of this Protocol.
  2. Accordingly, except as permitted by Article II of this 
Protocol: the United States of America shall not deploy an ABM 
system or its components in the area centered on its capital, 
as permitted by Article III(a) of the Treaty, and the Soviet 
Union shall not deploy an ABM system or its components in the 
deployment area of intercontinental ballistic missile (ICBM) 
silo launchers permitted by Article III(b) of the Treaty.

                               Article II

  1. Each Party shall have the right to dismantle or destroy 
its ABM system and the components thereof in the area where 
they are presently deployed and to deploy an ABM system or its 
components in the alternative area permitted by Article III of 
the Treaty, provided that prior to initiation of construction, 
notification is given in accord with the procedure agreed to by 
the Standing Consultative Commission, during the year beginning 
October 3, 1977, and ending October 2, 1978, or during any year 
which commences at five year intervals thereafter, those being 
the years for periodic review of the Treaty, as provided in 
Article XIV of the Treaty. This right may be exercised only 
once.
  2. Accordingly, in the event of such notice, the United 
States would have the right to dismantle or destroy the ABM 
system and its components in the deployment area of ICBM silo 
launchers and to deploy an ABM system or its components in an 
area centered on its capital, as permitted by Article III(a) of 
the Treaty, and the Soviet Union would have the right to 
dismantle or destroy the ABM system and its components in the 
area centered on its capital and to deploy an ABM system or its 
components in an area containing ICBM silo launchers, as 
permitted by Article III(b) of the Treaty.
  3. Dismantling or destruction and deployment of ABM systems 
or their components and the notification thereof shall be 
carried out in accordance with Article VIII of the ABM Treaty 
and procedures agreed to in the Standing Consultative 
Commission.

                              Article III

  The rights and obligations established by the Treaty remain 
in force and shall be complied with by the Parties except to 
the extent modified by this Protocol. In particular, the 
deployment of an ABM system or its components within the area 
selected shall remain limited by the levels and other 
requirements established by the Treaty.

                               Article IV

  This Protocol shall be subject to ratification in accordance 
with the constitutional procedures of each Party. It shall 
enter into force on the day of the exchange of instruments of 
ratification and shall thereafter be considered an integral 
part of the Treaty.

  Done at Moscow on July 3, 1974, in duplicate, in the English 
and Russian languages, both texts being equally authentic.

  For the United States of America:
                                             Richard Nixon,
                         President of the United States of America.

  For the Union of Soviet Socialist Republics:
                                            L. I. Brezhnev,
            General Secretary of the Central Committee of the CPSU.
                                 4. INF

a. Treaty Between the United States of America and the Union of Soviet 
Socialist Republics on the Elimination of Their Intermediate-Range and 
                       Shorter-Range Missiles \1\

  Signed at Washington, December 8, 1987; Ratification advised by the 
         Senate, May 27, 1988; Entered into force, June 1, 1988

    The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,
---------------------------------------------------------------------------
    \1\ Treaty Doc. 100-11; 1657 UNTS 2.

    Conscious that nuclear war would have devastating 
---------------------------------------------------------------------------
consequences for all mankind,

    Guided by the objective of strengthening strategic 
stability,

    Convinced that the measures set forth in this Treaty will 
help to reduce the risk of outbreak of war and strengthen 
international peace and security, and

    Mindful of their obligations under Article VI of the Treaty 
on the Non-Proliferation of Nuclear Weapons,

    Have agreed as follows:

                               article i

    In accordance with the provisions of this Treaty which 
includes the Memorandum of Understanding and Protocols which 
form an integral part thereof, each Party shall eliminate its 
intermediate-range and shorter-range missiles, not have such 
systems thereafter, and carry out the other obligations set 
forth in this Treaty.

                               article ii

    For the purposes of this Treaty:
    1. The term ``ballistic missile'' means a missile that has 
a ballistic trajectory over most of its flight path. The term 
``ground-launched ballistic missile (GLBM)'' means a ground-
launched ballistic missile that is a weapon-delivery vehicle.
    2. The term ``cruise missile'' means an unmanned, self-
propelled vehicle that sustains flight through the use of 
aerodynamic lift over most of its flight path. The term 
``ground-launched cruise missile (GLCM)'' means a ground-
launched cruise missile that is a weapon-delivery vehicle.
    3. The term ``GLBM launcher'' means a fixed launcher or a 
mobile land-based transporter-erector-launcher mechanism for 
launching a GLBM.
    4. The term ``GLCM launcher'' means a fixed launcher or a 
mobile land-based transporter-erector-launcher mechanism for 
launching a GLCM.
    5. The term ``intermediate-range missile'' means a GLBM or 
a GLCM having a range capability in excess of 1000 kilometers 
but not in excess of 5500 kilometers.
    6. The term ``shorter-range missile'' means a GLBM or a 
GLCM having a range capability equal to or in excess of 500 
kilometers but not in excess of 1000 kilometers.
    7. The term ``deployment area'' means a designated area 
within which intermediate-range missiles and launchers of such 
missiles may operate and within which one or more missile 
operating bases are located.
    8. The term ``missile operating base'' means:
          (a) in the case of intermediate-range missiles, a 
        complex of facilities, located within a deployment 
        area, at which intermediate-range missiles and 
        launchers of such missiles normally operate, in which 
        support structures associates with such missiles and 
        launchers are also located and in which support 
        equipment associated with such missiles and launchers 
        is normally located; and
          (b) in the case of shorter-range missiles, a complex 
        of facilities, located any place, at which shorter-
        range missiles and launchers of such missiles normally 
        operate and in which support equipment associated with 
        such missiles and launchers is normally located.
    9. The term ``missile support facility,'' as regards 
intermediate-range or shorter-range missiles and launchers of 
such missiles, means a missile production facility or a 
launcher production facility, a missile repair facility or a 
launcher repair facility, a training facility, a missile 
storage facility or a launcher storage facility, a test range, 
or an elimination facility as those terms are defined in the 
Memorandum of Understanding.
    10. The term ``transit'' means movement, notified in 
accordance with paragraph 5(f) of Article IX of this Treaty, of 
an intermediate-range missile or a launcher of such a missile 
between missile support facilities, between such a facility and 
a deployment area or between deployment areas, or of a shorter-
range missile or a launcher of such a missile from a missile 
support facility or a missile operating base to an elimination 
facility.
    11. The term ``deployed missile'' means an intermediate-
range missile located within a deployment area or a shorter-
range missile located at a missile operating base.
    12. The term ``non-deployed missile'' means an 
intermediate-range missile located outside a deployment area or 
a shorter-range missile located outside a missile operating 
base.
    13. The term ``deployed launcher'' means a launcher of an 
intermediate-range missile located within a deployment area or 
a launcher of a shorter-range missile located at a missile 
operating base.
    14. The term ``non-deployed launcher'' means a launcher of 
an intermediate-range missile located outside a deployment area 
or a launcher of a shorter-range missile located outside a 
missile operating base.
    15. The term ``basing country'' means a country other than 
the United States of America or the Union of Soviet Socialist 
Republics on whose territory intermediate-range or shorter-
range missiles of the Parties, launchers of such missiles or 
support structures associated with such missiles and launchers 
were located at any time after November 1, 1987. Missiles or 
launchers in transit are not considered to be ``located.''

                              article iii

    1. For the purposes of this Treaty, existing types of 
intermediate-range missiles are:
          (a) for the United States of America, missiles of the 
        types designated by the United States of America as the 
        Pershing II and the BGM-109G, which are known to the 
        Union of Soviet Socialist Republics by the same 
        designations; and
          (b) for the Union of Soviet Socialist Republics, 
        missiles of the types designated by the Union of Soviet 
        Socialist Republics as the RSD-10, the R-12 and the R-
        14, which are known to the United States of America as 
        the SS-20, the SS-4 and the SS-5, respectively.
    2. For the purposes of this Treaty, existing types of 
shorter-range missiles are:
          (a) for the United States of America, missiles of the 
        type designated by the United States of America as the 
        Pershing IA, which is known to the Union of Soviet 
        Socialist Republics by the same designation; and
          (b) for the Union of Soviet Socialist Republics, 
        missiles of the types designated by the Union of Soviet 
        Socialist Republics as the OTR-22 and the OTR-23, which 
        are known to the United States of America as the SS-12 
        and the SS-23, respectively.

                               article iv

    1. Each Party shall eliminate all its intermediate-range 
missiles and launchers of such missiles, and all support 
structures and support equipment of the categories listed in 
the Memorandum of Understanding associated with such missiles 
and launchers, so that no later than three years after entry 
into force of this Treaty and thereafter no such missiles, 
launchers, support structures or support equipment shall be 
possessed by either Party.
    2. To implement paragraph 1 of this Article, upon entry 
into force of this Treaty, both Parties shall begin and 
continue throughout the duration of each phase, the reduction 
of all types of their deployed and non-deployed intermediate-
range missiles and deployed and non-deployed launchers of such 
missiles and support structures and support equipment 
associated with such missiles and launchers in accordance with 
the provisions of this Treaty. These reductions shall be 
implemented into two phases so that:
          (a) by the end of the first phase, that is, no later 
        than 29 months after entry into force of this Treaty:
                  (i) the number of deployed launchers of 
                intermediate-range missiles for each Party 
                shall not exceed the number of launchers that 
                are capable of carrying or containing at one 
                time missiles considered by the Parties to 
                carry 171 warheads;
                  (ii) the number of deployed intermediate-
                range missiles for each Party shall not exceed 
                the number of such missiles considered by the 
                Parties to carry 180 warheads;
                  (iii) the aggregate number of deployed and 
                non-deployed launchers of intermediate-range 
                missiles for each Party shall not exceed the 
                number of launchers that are capable of 
                carrying or containing at one time missiles 
                considered by the Parties to carry 200 
                warheads;
                  (iv) the aggregate number of deployed and 
                non-deployed intermediate-range missiles for 
                each Party shall not exceed the number of such 
                missiles considered by the Parties to carry 200 
                warheads; and
                  (v) the ratio of the aggregate number of 
                deployed and non-deployed intermediate-range 
                GLBMs of existing types for each Party to the 
                aggregate number of deployed and non-deployed 
                intermediate-range missiles of existing types 
                possessed by that Party shall not exceed the 
                ratio of such intermediate-range GLBMs to such 
                intermediate-range missiles for that Party as 
                of November 1, 1987, as set forth in the 
                Memorandum of Understanding; and
          (b) by the end of the second phase, that is, no later 
        than three years after entry into force of this Treaty, 
        all intermediate-range missiles of each Party, 
        launchers of such missiles and all support structures 
        and support equipment of the categories listed in the 
        Memorandum of Understanding associated with such 
        missiles and launchers, shall be eliminated.

                               article v

    1. Each Party shall eliminate all its shorter-range 
missiles and launchers of such missiles, and all support 
equipment of the categories listed in the Memorandum of 
Understanding associated with such missiles and launchers, so 
that no later than 18 months after entry into force of this 
Treaty and thereafter no such missiles, launchers or support 
equipment shall be possessed by either Party.
    2. No later than 90 days after entry into force of this 
Treaty, each Party shall complete the removal of all its 
deployed shorter-range missiles and deployed and non-deployed 
launchers of such missiles to elimination facilities and shall 
retain them at those locations until they are eliminated in 
accordance with the procedures set forth in the Protocol on 
Elimination. No later than 12 months after entry into force of 
this Treaty, each Party shall complete the removal of all its 
non-deployed shorter-range missiles to elimination facilities 
and shall retain them at those locations until they are 
eliminated in accordance with the procedures set forth in the 
Protocol on Elimination.
    3. Shorter-range missiles and launchers of such missiles 
shall not be located at the same elimination facility. Such 
facilities shall be separated by no less than 1000 kilometers.

                               article vi

    1. Upon entry into force of this Treaty and thereafter, 
neither Party shall:
          (a) produce or flight-test any intermediate-range 
        missiles or produce any stages of such missiles or any 
        launchers of such missiles; or
          (b) produce, flight-test or launch any shorter-range 
        missiles or produce any stages of such missiles or any 
        launchers of such missiles.
    2. Notwithstanding paragraph 1 of this Article, each Party 
shall have the right to produce a type of GLBM not limited by 
this Treaty which uses a stage which is outwardly similar to, 
but not interchangeable with, a stage of an existing type of 
intermediate-range GLBM having more than one stage, providing 
that that Party does not produce any other stage which is 
outwardly similar to, but not interchangeable with, any other 
stage of an existing type of intermediate-range GLBM.

                              article vii

    For the purposes of this Treaty:
    1. If a ballistic missile or a cruise missile has been 
flight-tested or deployed for weapon delivery, all missiles of 
that type shall be considered to be weapon-delivery vehicles.
    2. If a GLBM or GLCM is an intermediate-range missile, all 
GLBMs or GLCMs of that type shall be considered to be 
intermediate-range missiles. If a GLBM or GLCM is a shorter-
range missile, all GLBMs or GLCMs of that type shall be 
considered to be shorter-range missiles.
    3. If a GLBM is of a type developed and tested solely to 
intercept and counter objects not located on the surface of the 
earth, it shall not be considered to be a missile to which the 
limitations of this Treaty apply.
    4. The range capability of a GLBM not listed in Article III 
of this Treaty shall be considered to be the maximum range to 
which it has been tested. The range capability of a GLCM not 
listed in Article III of this Treaty shall be considered to be 
the maximum distance which can be covered by the missile in its 
standard design mode flying until fuel exhaustion, determined 
by projecting its flight path onto the earth's sphere from the 
point of launch to the point of impact. GLBMs or GLCMs that 
have a range capability equal to or in excess of 500 kilometers 
but not in excess of 1000 kilometers shall be considered to be 
shorter-range missiles. GLBMs or GLCMs that have a range 
capability in excess of 1000 kilometers but not in excess of 
5500 kilometers shall be considered to be intermediate-range 
missiles.
    5. The maximum number of warheads an existing type of 
intermediate-range missile or shorter-range missile carries 
shall be considered to be the number listed for missiles of 
that type in the Memorandum of Understanding.
    6. Each GLBM or GLCM shall be considered to carry the 
maximum number of warheads listed for a GLBM or GLCM of that 
type in the Memorandum of Understanding.
    7. If a launcher has been tested for launching a GLBM or a 
GLCM, all launchers of that type shall be considered to have 
been tested for launching GLBMs or GLCMs.
    8. If a launcher has contained or launched a particular 
type of GLBM or GLCM, all launchers of that type shall be 
considered to be launchers of that type of GLBM or GLCM.
    9. The number of missiles each launcher of an existing type 
of intermediate-range missile or shorter-range missile shall be 
considered to be capable of carrying or containing at one time 
is the number listed for launchers of missiles of that type in 
the Memorandum of Understanding.
    10. Except in the case of elimination in accordance with 
the procedures set forth in the Protocol on Elimination, the 
following shall apply:
          (a) for GLBMs which are stored or moved in separate 
        stages, the longest stage of an intermediate-range or 
        shorter-range GLBM shall be counted as a complete 
        missile;
          (b) for GLBMs which are not stored or moved in 
        separate stages, a canister of the type used in the 
        launch of an intermediate-range GLBM, unless a Party 
        proves to the satisfaction of the other Party that it 
        does not contain such a missile, or an assembled 
        intermediate-range or shorter-range GLBM, shall be 
        counted as a complete missile; and
          (c) for GLCMs, the airframe of an intermediate-range 
        or shorter-range GLCM shall be counted as a complete 
        missile.
    11. A ballistic missile which is not a missile to be used 
in a ground-based mode shall not be considered to be a GLBM if 
it is test-launched at a test site from a fixed land-based 
launcher which is used solely for test purposes and which is 
distinguished from GLBM launchers. A cruise missile which is 
not a missile to be used in a ground-based mode shall not be 
considered to be a GLCM if it is test-launched at a test site 
from a fixed land-based launcher which is used solely for test 
purposes and which is distinguishable from GLCM launchers.
    12. Each Party shall have the right to produce and use for 
booster systems, which might otherwise be considered to be 
intermediate-range or shorter-range missiles, only existing 
types of booster stages for such booster systems. Launchers of 
such booster systems shall not be considered to be flight-
testing of intermediate-range or shorter-range missiles 
provided that:
          (a) stages used in such booster systems are different 
        from stages used in those missiles listed as existing 
        types of intermediate-range or shorter-range missiles 
        in Article III of this Treaty;
          (b) such booster systems are used only for research 
        and development purposes to test objects other than the 
        booster systems themselves;
          (c) the aggregate number of launchers for such 
        booster systems shall not exceed 35 for each Party at 
        any one time; and
          (d) the launchers for such booster systems are fixed, 
        emplaced above ground and located only at research and 
        development launch sites which are specified in the 
        Memorandum of Understanding.
Research and development launch sites shall not be subject to 
inspection pursuant to Article XI of this Treaty.

                              article viii

    1. All intermediate-range missiles and launchers of such 
missiles shall be located in deployment areas, at missile 
support facilities or shall be in transit. Intermediate-range 
missiles or launchers of such missiles shall not be located 
elsewhere.
    2. Stages of intermediate-range missiles shall be located 
in deployment areas, at missile support facilities or moving 
between deployment areas, between missile support facilities or 
between missile support facilities and deployment areas.
    3. Until their removal to elimination facilities as 
required by paragraph 2 of Article V of this Treaty, all 
shorter-range missiles and launchers of such missiles shall be 
located at missile operating bases, at missile support 
facilities or shall be in transit. Shorter-range missiles or 
launchers of such missiles shall not be located elsewhere.
    4. Transit of a missile or launcher subject to the 
provisions of this Treaty shall be completed within 25 days.
    5. All deployment areas, missile operating bases and 
missile support facilities are specified in the Memorandum of 
Understanding or in subsequent updates of data pursuant to 
paragraphs 3, 5(a) or 5(b) of Article IX of this Treaty. 
Neither Party shall increase the number of, or change the 
location or boundaries of, deployment areas, missile operating 
bases or missile support facilities, except for elimination 
facilities, from those set forth in the Memorandum of 
Understanding. A missile support facility shall not be 
considered to be part of a deployment area even though it may 
be located within the geographic boundaries of a deployment 
area.
    6. Beginning 30 days after entry into force of this Treaty, 
neither Party shall locate intermediate-range or shorter-range 
missiles, including stages of such missiles, or launchers of 
such missiles at missile production facilities, launcher 
production facilities or test ranges listed in the Memorandum 
of Understanding.
    7. Neither Party shall locate any intermediate-range or 
shorter-range missiles at training facilities.
    8. A non-deployed intermediate-range or shorter-range 
missile shall not be carried on or contained within a launcher 
of such a type of missile, except as required for maintenance 
conducted at repair facilities or for elimination by means of 
launching conducted at elimination facilities.
    9. Training missiles and training launchers for 
intermediate-range or shorter-range missiles shall be subject 
to the same locational restrictions as are set forth for 
intermediate-range and shorter-range missiles and launchers of 
such missiles in paragraphs 1 and 3 of this Article.

                               article ix

    1. The Memorandum of Understanding contains categories of 
data relevant to obligations undertaken with regard to this 
Treaty and lists all intermediate-range and shorter-range 
missiles, launchers of such missiles, and support structures 
and support equipment associated with such missiles and 
launchers, possessed by the Parties as of November 1, 1987. 
Updates of that data and notification required by this Article 
shall be provided according to the categories of data contained 
in the Memorandum of Understanding.
    2. The Parties shall update that data and provide the 
notifications required by this Treaty through the Nuclear Risk 
Reduction Centers, established pursuant to the Agreement 
Between the United States of America and the Union of Soviet 
Socialist Republics on the Establishment of Nuclear Risk 
Reduction Centers of September 15, 1987.
    3. No later than 30 days after entry into force of this 
Treaty, each Party shall provide the other Party with updated 
data, as of the date of entry into force of this Treaty, for 
all categories of data contained in the Memorandum of 
Understanding.
    4. No later than 30 days after the end of each six-month 
interval following the entry into force of this Treaty, each 
Party shall provide updated data for all categories of data 
contained in the Memorandum of Understanding by informing the 
other Party of all changes, completed and in process, in that 
data, which have occurred during the six-month interval since 
the preceding data exchange, and the net effect of those 
changes.
    5. Upon entry into force of this Treaty and thereafter, 
each Party shall provide the following notifications to the 
other Party:
          (a) notification, no less than 30 days in advance, of 
        the scheduled date of the elimination of a specific 
        deployment area, missile operating base or missile 
        support facility;
          (b) notification, no less than 30 days in advance, of 
        changes in the number or location of elimination 
        facilities, including the location and scheduled date 
        of each change;
          (c) notification, except with respect to launchers of 
        intermediate-range missiles for the purpose of their 
        elimination, no less than 30 days in advance, of the 
        scheduled date of the initiation of the elimination of 
        intermediate-range and shorter-range missiles, and 
        stages of such missiles, and launchers of such missiles 
        and support structures and support equipment associated 
        with such missiles and launchers, including:
                  (i) the number and type of items of missile 
                systems to be eliminated;
                  (ii) the elimination site;
                  (iii) for intermediate-range missiles, the 
                location from which such missiles, launchers of 
                such missiles and support equipment associated 
                with such missiles and launchers are moved to 
                the elimination facility; and
                  (iv) except in the case of support 
                structures, the point of entry to be used by an 
                inspection team conducting an inspection 
                pursuant to paragraph 7 of Article XI of this 
                Treaty and the estimated time of departure of 
                an inspection team from the point of entry to 
                the elimination facility;
          (d) notification, no less than ten days in advance, 
        of the scheduled date of the launch, or the scheduled 
        date of the initiation of a series of launches, of 
        intermediate-range missiles for the purpose of their 
        elimination, including:
                  (i) the type of missiles to be eliminated;
                  (ii) the location of the launch, or, if 
                elimination is by a series of launches, the 
                location of such launches and the number of 
                launches in the series;
                  (iii) the point of entry to be used by an 
                inspection team conducting an inspection 
                pursuant to paragraph 7 of Article XI of this 
                Treaty; and
                  (iv) the estimated time of departure of an 
                inspection team from the point of entry to the 
                elimination facility;
          (e) notification, no later than 48 hours after they 
        occur, of changes in the number of intermediate-range 
        and shorter-range missiles, launchers of such missiles 
        and support structures and support equipment associated 
        with such missiles and launchers resulting from 
        elimination as described in the Protocol on 
        Elimination, including:
                  (i) the number and type of items of a missile 
                system which were eliminated; and
                  (ii) the date and location of such 
                elimination; and
          (f) notification of transit of intermediate-range or 
        shorter-range missiles or launchers of such missiles, 
        or the movement of training missiles or training 
        launchers for such intermediate-range and shorter-range 
        missiles, no later than 48 hours after it has been 
        completed, including:
                  (i) the number of missiles or launchers;
                  (ii) the points, dates and times of departure 
                and arrival;
                  (iii) the mode of transport; and
                  (iv) the location and time at that location 
                at least once every four days during the period 
                of transit.
    6. Upon entry into force of this Treaty and thereafter, 
each Party shall notify the other Party, no less than ten days 
in advance, of the scheduled date and location of the launch of 
a research and development booster system as described in 
paragraph 12 of Article VII of this Treaty.

                               article x

    1. Each Party shall eliminate its intermediate-range and 
shorter-range missiles and launchers of such missiles and 
support structures and support equipment associated with such 
missiles and launches in accordance with the procedures set 
forth in the Protocol on Elimination.
    2. Verification by on-site inspection of the elimination of 
items of missiles systems specified in the Protocol on 
Elimination shall be carried out in accordance with Article XI 
of this Treaty, the Protocol on Elimination and the Protocol on 
Inspection.
    3. When a Party removes its intermediate-range missiles, 
launchers of such missiles and support equipment associated 
with such missiles and launchers from deployment areas to 
elimination facilities for the purpose of their elimination, it 
shall do so in complete deployed organizational units. For the 
United States of America, these units shall be Pershing II 
batteries and BGM-109G flights. For the Union of Soviet 
Socialist Republics, these units shall be SS-20 regiments 
composed of two or three battalions.
    4. Elimination of intermediate-range and shorter-range 
missiles and launchers of such missiles and support equipment 
associated with such missiles and launchers shall be carried 
out at the facilities that are specified in the Memorandum of 
Understanding or notified in accordance with paragraph 5(b) of 
Article IX of this Treaty, unless eliminated in accordance with 
Section IV or V of the Protocol on Elimination. Support 
structures, associated with the missiles and launchers subject 
to this Treaty, that are subject to elimination shall be 
eliminated in situ.
    5. Each Party shall have the right, during the first six 
months after entry into force of this Treaty, to eliminate by 
means of launching no more than 100 of its intermediate-range 
missiles.
    6. Intermediate-range and shorter-range missiles which have 
been tested prior to entry into force of this Treaty, but never 
deployed, and which are not existing types of intermediate-
range or shorter-range missiles listed in Article III of this 
Treaty, and launchers of such missiles, shall be eliminated 
within six months after entry into force of this Treaty in 
accordance with the procedures set forth in the Protocol on 
Elimination. Such missiles are:
          (a) for the United States of America, missiles of the 
        type designated by the United States of America as the 
        Pershing IB, which is known to the Union of Soviet 
        Socialist Republics by the same designation; and
          (b) for the Union of Soviet Socialist Republics, 
        missiles of the type designated by the Union of Soviet 
        Socialist Republics as the RK-55, which is known to the 
        United States of America as the SSC-X-4.
    7. Intermediate-range and shorter-range missiles and 
launchers of such missiles and support structures and support 
equipment associated with such missiles and launchers shall be 
considered to be eliminated after completion of the procedures 
set forth in the Protocol on Elimination and upon the 
notification provided for in paragraph 5(e) of Article IX of 
this Treaty.
    8. Each Party shall eliminate its deployment areas, missile 
operating bases and missile support facilities. A Party shall 
notify the other Party pursuant to paragraph 5(a) of Article IX 
of this Treaty once the conditions set forth below are 
fulfilled:
          (a) all intermediate-range and shorter-range 
        missiles, launchers of such missiles and support 
        equipment associated with such missiles and launchers 
        located there have been removed;
          (b) all support structures associated with such 
        missiles and launchers located there have been 
        eliminated; and
          (c) all activity related to production, flight-
        testing, training, repair, storage or deployment of 
        such missiles and launchers has ceased there.
Such deployment areas, missile operating bases and missile 
support facilities shall be considered to be eliminated either 
when they have been inspected pursuant to paragraph 4 of 
Article XI of this Treaty or when 60 days have elapsed since 
the date of the scheduled elimination which was notified 
pursuant to paragraph 5(a) of Article IX of this Treaty. A 
deployment area, missile operating base or missile support 
facility listed in the Memorandum of Understanding that met the 
above conditions prior to entry into force of this Treaty, and 
is not included in the initial data exchange pursuant to 
paragraph 3 of Article IX of this Treaty, shall be considered 
to be eliminated.
    9. If a Party intends to convert a missile operating base 
listed in the Memorandum of Understanding for use as a base 
associated with GLBM or GLCM systems not subject to this 
Treaty, then that Party shall notify the other Party, no less 
than 30 days in advance of the scheduled date of the initiation 
of conversion, of the scheduled date and the purpose for which 
the base will be converted.

                               article xi

    1. For the purpose of ensuring verification of compliance 
with the provisions of this Treaty, each Party shall have the 
right to conduct on-site inspections. The Parties shall 
implement on-site inspections in accordance with this Article, 
the Protocol on Inspection and the Protocol on Elimination.
    2. Each Party shall have the right to conduct inspections 
provided for by this Article both within the territory of the 
other Party and within the territories of basing countries.
    3. Beginning 30 days after entry into force of this Treaty, 
each Party shall have the right to conduct inspections at all 
missile operating bases and missile support facilities 
specified in the Memorandum of Understanding other than missile 
production facilities, and at all elimination facilities 
included in the initial data update required by paragraph 3 of 
Article IX of this Treaty. These inspections shall be completed 
no later than 90 days after entry into force of this Treaty. 
The purpose of these inspections shall be to verify the number 
of missiles, launchers, support structures and support 
equipment and other data, as of the date of entry into force of 
this Treaty, provided pursuant to paragraph 3 of Article IX of 
this Treaty.
    4. Each Party shall have the right to conduct inspections 
to verify the elimination, notified pursuant to paragraph 5(a) 
of Article IX of this Treaty, of missile operating bases and 
missile support facilities other than missile production 
facilities, which are thus no longer subject to inspections 
pursuant to paragraph 5(a) of this Article. Such an inspection 
shall be carried out within 60 days after the scheduled date of 
the elimination of that facility. If a Party conducts an 
inspection at a particular facility pursuant to paragraph 3 of 
this Article after the scheduled date of the elimination of 
that facility, then no additional inspection of that facility 
pursuant to this paragraph shall be permitted.
    5. Each Party shall have the right to conduct inspections 
pursuant to this paragraph for 13 years after entry into force 
of this Treaty. Each Party shall have the right to conduct 20 
such inspections per calendar year during the first three years 
after entry into force of this Treaty, 15 such inspections per 
calendar year during the subsequent five years, and ten such 
inspections per calendar year during the last five years. 
Neither Party shall use more than half of its total number of 
these inspections per calendar year within the territory of any 
one basing country. Each Party shall have the right to conduct:
          (a) inspections, beginning 90 days after entry into 
        force of this Treaty, of missile operating bases and 
        missile support facilities other than elimination 
        facilities and missile production facilities, to 
        ascertain, according to the categories of data 
        specified in the Memorandum of Understanding, the 
        numbers of missiles, launchers, support structures and 
        support equipment located at each missile operating 
        base or missile support facility at the time of the 
        inspection; and
          (b) inspections of former missile operating bases and 
        former missile support facilities eliminated pursuant 
        to paragraph 8 of Article X of this Treaty other than 
        former missile production facilities.
    6. Beginning 30 days after entry into force of this Treaty, 
each Party shall have the right, for 13 years after entry into 
force of this Treaty, to inspect by means of continuous 
monitoring:
          (a) the portals of any facility of the other Party at 
        which the final assembly of a GLBM using stages, any of 
        which is outwardly similar to a stage of a solid-
        propellant GLBM listed in Article III of this Treaty, 
        is accomplished; or
          (b) if a Party has no such facility, the portals of 
        an agreed former missile production facility at which 
        existing types of intermediate-range or shorter-range 
        GLBMs were produced.
The Party whose facility is to be inspected pursuant to this 
paragraph shall