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THE WHITE HOUSE Office of the Press Secretary (Moscow, Russia)
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 space- and 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. The certification 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 Party only 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: 1. Launch time (HH:MM) where: - HH is a number from 00 to 23 that indicates the hour; - MM is a number from 00 to 59 that indicates the minute. All expressed in Coordinated Universal Time (UTC). 2. Launch Location: geographical latitude and longitude a. Geographical latitude (DD:MM) where: - DD is a number from 00 to 89 that indicates degrees of latitude; - MM is a number from 00 to 59 that indicates minutes of latitude. b. Geographical Longitude (DDD:MM) where: - DDD is a number from 000 to 359 that indicates degrees of longitude; - MM is a number from 00 to 59 that indicates minutes of longitude. 3. Generic Missile Type: intercontinental ballistic missile (ICBM), submarine-launched ballistic missile (SLBM), intermediate-range ballistic missile (IRBM), medium-range ballistic missile (MRBM), short-range ballistic missile (SRBM), space launch vehicle (SLV) and other missiles. 4. Launch Azimuth (DDD) where: - DDD is a number from 000 to 359 that indicates the degrees of azimuth. 5. Impact Area - Will be defined according to the agreement by the Parties in the Joint Commission, taking into account the formats used in the Parties' National Warning Centers. 6. Estimated time of payload impact (if known) (HH:MM) where: - HH is a number from 00 to 23 that indicates the hour; - MM is a number from 00 to 59 that indicates the minute. All expressed in Coordinated Universal Time (UTC). 7. Indication of a single or multiple launch. 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
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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