START I Treaty - Annex to JCIC Protocol

ANNEX 1

ADDITIONAL PROCEDURES GOVERNING THE OPERATION OF THE JOINT COMPLIANCE AND INSPECTION COMMISSION ^{1, 2}

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

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

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 Paragraph 3 of Section I of this Protocol shall be superseded by the following provision:

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

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 Paragraph 2 of Section II of this Protocol shall be superseded by the following provision:

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

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 The first sentence of paragraph 1 of Section III of this Protocol shall be superseded by the following provisions:

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

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 The second sentence of Section V of this Protocol shall be superseded by the following provision:

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

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

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

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

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

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

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

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

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

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

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

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

2) For simplicity, the contents of this Annex have been incorporated into the JCIC Protocol consistent with the methodology for incorporating viability and effectiveness changes throughout the remainder of the Treaty. The Annex is included here as specified by JCIC Agreement Number 1.