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