ACQWEB header with DoD seal image used for visual spacing Home | | Help | Contact Us  
image used for visual spacing Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics
   
image used for visual spacing

Security & Privacy Disclaimer

Welcome
AT&L Home
TC&HD Home

Navigate
Treaties & Agreements
Guidance & Directives

Links
E-mail the Webmaster

Defenselink
FirstGov

image used for visual spacing
Treaty Compliance

TC Seal

 

CFE Treaty: Article-by-Article Analysis - Article XIV
TC Home > Treaties > CFE Treaty > Article-by-Article Analysis TOC > Article-by-Article Analysis- Article XIV

Use these links to navigate
NextNext Page: Article-by-Article Analysis - Article XV
Use this link to go to the next part Return to Article-by-Article Table of Contents
 

ARTICLE XIV - VERIFICATION

Article XIV consists of six paragraphs. This Article sets forth the basic rights and obligations regarding on-site inspections the State Parties will conduct, in accordance with the Protocol on Inspection, to assist in verification of compliance with the Treaty.

Article XIV, along with the Protocol on Inspection, provides for four basic types of inspections: declared site inspections (subparagraph 2(A) and Section VII of the Protocol on Inspection); challenge inspection (subparagraph 2(A) and Section VIII of the Protocol on Inspection); reduction inspections (subparagraph 2(B) and Section X of the Protocol on Inspection); and certification inspections (subparagraph 2(C) and Section IX of the Protocol on Inspection). Also, the on-site inspection regime created by Article XIV and the Protocol on Inspection provides for four inspection periods or phases: the baseline validation period (the 120-day period following entry into force of the Treaty); the reduction period (the 36-month period following the baseline validation period); the residual level validation period (the 120-day period following the reduction period); and the residual period (the final period following the residual level validation period for the duration of the Treaty).

Paragraph I of Article XIV provides that, for the purpose of ensuring verification of compliance with the provisions of the Treaty, each State Party shall have the right to conduct, and the obligation to accept, within the area of application, inspections in accordance with the provisions of the Protocol on Inspection.

Paragraph 2 of Article XIV lists three specific purposes for the on-site inspections provided for in paragraph 1 and the Protocol on Inspection. First, subparagraph (A) of paragraph 2 provides that inspections, in particular declared site and challenge inspections, conducted pursuant to Sections VII and VIII of the Protocol on Inspection, respectively, are to verify, on the basis of the information provided pursuant to the Protocol on Information Exchange, the compliance of States Parties with the numerical limitations set forth in Articles IV, V, and VI.

Second, subparagraph (B) of paragraph 2 provides that inspections, in particular, reduction inspections conducted pursuant to Section X of the Inspection Protocol, are to monitor the process of reduction of battle tanks, armored combat vehicles, artillery, combat aircraft, and attack helicopters carried out at the reduction sites in accordance with Article VIII and the Protocol on Reduction.

Third, subparagraph (C) of paragraph 2 of Article XIV provides that inspections, in particular, certification inspections conducted pursuant to Section IX of the Protocol on Inspection, are to monitor the certification of recategorized multipurpose attack helicopters and reclassified combat-capable trainer aircraft carried out in accordance with the Protocol on Helicopter Recategorization and the Protocol on Aircraft Reclassification, respectively.

Paragraph 3 of Article XIV provides that no State Party shall exercise the rights set forth in paragraphs 1 and 2 of Article XIV in respect of States Parties which belong to the group of States Parties to which it belongs in order to elude the objectives of the verification regime. The purpose of this provision is to preclude a potential problem arising from the fact that the States Parties within the same group have the right to inspect each other and that the number of inspections that each State Party is obligated to receive is limited. Theoretically, members of the same group of States Parties could agree to inspect one another, thereby expending their passive inspection quotas, in order to reduce the number of inspections of them available to members of the other group of States Parties. Such "friendly inspections," if taken to extreme lengths, could circumvent the purpose of the on-site inspection regime. Paragraph 3 makes clear that such a circumvention scenario is unlawful. In this regard, the potential for such circumvention is limited by paragraph 24 of Section II of the Protocol on Inspection. Paragraph 24 of Section II provides that no State Party shall have the right to conduct more than five declared site and challenge inspections annually of a member of its group of States Parties.

Paragraph 4 of Article XIV provides that, in the case of an inspection conducted jointly by more than one State Party, one of them shall be responsible for the execution of the provisions of the Treaty. This paragraph provides that in the case of a joint inspection, a State Party must be placed in charge of the inspection and be responsible for ensuring that the Treaty provisions relating to that inspection are carried out properly.

Paragraph 5 of Article XIV provides that the number of inspections pursuant to Sections VII and VIII (i.e., declared site and challenge inspections) of the Protocol on Inspection which each State Party shall have the right to conduct and the obligation to accept during each specified time period shall be determined in accordance with the provisions of Section II of that Protocol. The number of declared site inspections conducted pursuant to Section VII that each State Party is obliged to accept is calculated in accordance with paragraphs 10, 12, 13, 14, 15, and 23 of Section II of the Protocol on Inspection. The number of challenge inspections conducted pursuant to Section VIII of the Protocol on Inspection that each State Party is obliged to accept is calculated in accordance with paragraphs 10, 11, 12, 16, and 23 of Section II of the Protocol on Inspection.

Each group's active inspection quota (i.e., the aggregate number of inspections a group may conduct against the other group) is derived from the other group's passive declared site inspection quota. (However, any inspections conducted within the same group by its members, pursuant to paragraph 24 of Section II of the Protocol on Inspection, also are counted against that group's passive declared inspection quota.) Paragraph 24 of Section II of the Protocol on Inspection makes clear that the members of each Group can allocate such active inspections among themselves as they see fit.

Paragraph 6 of Article XIV provides that upon completion of the 120-day residual level validation period, each State Party shall have the right to conduct, and each State Party with territory within the area of application shall have the obligation to accept, an agreed number of aerial inspections within the area of application. Such aerial inspections will augment the monitoring capabilities already provided for through on-site inspection and national and multinational technical means of verification. Paragraph 6 adds that such agreed numbers and other applicable provisions for an aerial inspection regime shall be developed during negotiations referred to in Article XVIII (Follow-on Negotiation of the Treaty).

Return to top

NextNext Page: Article-by-Article Analysis - Article XV

Use this link to go to the next part Return to Article-by-Article Table of Contents


TC Home
| Treaties & Agreements | Guidance & Directives | Links | E-mail the Webmaster

 
This web site is maintained by the Office of Treaty Compliance.
Web support provided by AcqWeb.

Accessibility/Section 508