Anti-Ballistic Missile (ABM) Treaty

MEMORANDUM OF UNDERSTANDING RELATING TO THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE UNION OF SOVIET SOCIALIST REPUBLICS ON THE LIMITATION OF ANTI-BALLISTIC MISSILE SYSTEMS ON MAY 26, 1972

The United States of America, and the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation and Ukraine, hereinafter referred to for purposes of this Memorandum as the Union of Soviet Socialist Republics (USSR) Successor States,

Recognizing the importance of preserving the viability of the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972, hereinafter referred to as the Treaty, with the aim of maintaining strategic stability,

Recognizing the changes in the political situation resulting from the establishment of new independent states on the territory of the former USSR,

Have, in connection with the Treaty, agreed as follows:

Article I

The United States of America, the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation, and Ukraine, upon entry into force of this Memorandum, shall constitute the Parties to the Treaty.

Article II

The USSR Successor States shall assume the rights and obligations of the former USSR under the Treaty and its associated documents.

Article III

Each USSR Successor State shall implement the provisions of the Treaty with regard to its territory and with regard to its activities, wherever such activities are carried out by that State, independently or in cooperation with any other State.

Article IV

For purposes of Treaty implementation:

a. the term "Union of Soviet Socialist Republics" shall mean the USSR Successor States;

b. the terms "national territory" and "territory of its country" when used to refer to the former USSR shall mean the combined national territories of the USSR Successor States, and the term "periphery of its national territory" when used to refer to the former USSR shall mean the periphery of the combined national territories of those States; and

c. the term "capital" when used to refer to the capital of the Union of Soviet Socialist Republics in Article III of the Treaty and the Protocol thereto of July 3, 1974, shall continue to mean the city of Moscow.

Article V

A USSR Successor State or Successor States may continue to use any facility that is subject to the provisions of the Treaty and that is currently located on the territory of any State that is not a party to the Treaty, with the consent of such State, and provided that the use of such facility shall remain consistent with the provisions of the Treaty.

Article VI

The USSR Successor States shall collectively be limited at any one time to a single anti-ballistic missile (ABM) system deployment area and to a total of no more than fifteen ABM launchers at ABM test ranges, in accordance with the provisions of the Treaty and its associated documents, including the Protocols of July 3, 1974.

Article VII

The obligations contained in Article IX of the Treaty and Agreed Statement "G" Regarding the Treaty shall not apply to transfers between or among the USSR Successor States.

Article VIII

The Standing Consultative Commission, hereinafter referred to as the Commission, shall function in the manner provided for by the Treaty and 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, as well as by the Regulations of the Commission, which shall reflect the multilateral character of the Treaty and the equal legal status of the Parties in reaching decisions in the Commission.

Article IX

1. This Memorandum shall be subject to ratification or approval by the signatory States, in accordance with the constitutional procedures of those States.

2. The functions of the depository of this Memorandum shall be exercised by the Government of the United States of America.

3. This Memorandum shall enter into force on the date when the Governments of all the signatory States have deposited instruments of ratification or approval of this Memorandum and shall remain in force so long as the Treaty remains in force.

4. Each State that has ratified or approved this Memorandum shall also be bound by the provisions of the First Agreed Statement of September 26, 1997, Relating to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitations of Anti-Ballistic Missile Systems of May 26, 1972, and the Second Agreed Statement of September 26, 1997, Relating to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972.

DONE at New York City on September 26, 1997, in five copies, each in the English and Russian languages, both texts being equally authentic.