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S E C R E T GENEVA 000831 
 
SIPDIS 
 
DEPT FOR T, VC AND EUR/PRA 
DOE FOR NNSA/NA-24 
CIA FOR WINPAC 
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E.O. 12958: DECL: 10/02/2019 
TAGS: KACT MARR PARM PREL RS US START
SUBJECT: START FOLLOW-ON NEGOTIATIONS, GENEVA (SFO-GVA-V): 
U.S.-PROPOSED TEXT FOR THE PROTOCOL ON INSPECTIONS AND 
ANNEX A TO INSPECTION PROTOCOL II PROVISIONS CONCERNING THE 
LEGAL STATUS OF INSPECTORS, MONITORS, AND AIRCREW MEMBERS, 
SEPTEMBER 24, 2009 
 
Classified By:  A/S Rose E. Gottemoeller, United States 
START Negotiator.  Reasons:  1.4(b) and (d). 
 
¶1.  (U) This is SFO-GVA-V-039. 
 
¶2.  (S) The text at Paragraph 3 is the U.S.-proposed text for 
the Protocol on Inspections (Sections I - General 
Obligations, Section II - Provisions Concerning the Legal 
Status of Inspectors, ((Monitors,))1 and Aircrew Members((, 
and Annex A to Inspection Protocol II Provisions Concerning 
the Legal Status of Inspectors, Monitors, and Aircrew 
Members))1.  The text was provided to and discussed at the 
Inspection Protocol Working Group Meeting on September 25, 
¶2009. 
 
¶3.  (S) Begin text: 
 
              U.S. Proposed Joint Draft Text 
                 September 24, 2009 v2.1 
 
PROTOCOL ON INSPECTIONS,((VISITS,))2  EXHIBITIONS((, AND 
CONTINUOUS MONITORING ACTIVITIES RELATING TO THE TREATY 
BETWEEN THE UNITED STATES OF AMERICA AND THE RUSSIAN 
FEDERATION ON MEASURES FOR THE FURTHER REDUCTION AND 
LIMITATION OF STRATEGIC OFFENSIVE ARMS))1 
 
((Pursuant to and in implementation of the Treaty Between the 
United States of America and the Russian Federation on 
Measures for the Further Reduction and Limitation of 
Strategic Offensive Arms, hereinafter referred to as the 
Treaty, the Parties hereby agree upon procedures governing 
the conduct of inspections and continuous monitoring 
activities provided for in Article XI of the Treaty.))1 
 
¶I. General Obligations 
 
For the purpose of helping to ensure verification of 
compliance with the provisions of the Treaty, each Party 
shall facilitate the conduct of inspections ((, visits, and 
exhibitions))2 ((and continuous monitoring activities))1 by 
the other Party in accordance with the provisions of this 
((Protocol))1 ((Section))2. 
 
II. Provisions Concerning the Legal Status of Inspectors, 
((Monitors,))1 and Aircrew Members 
 
¶1.  Inspections ((,visits, and exhibitions))2 ((and 
continuous monitoring activities))1 shall be conducted by 
inspectors ((and monitors))1.  ((Except as provided for in 
paragraph 6 of Section IV of this Protocol, inspectors and 
monitors shall be transported to the territory of the 
inspected Party by inspection airplanes.  Inspectors and 
monitors, as well as aircrew members that operate these 
airplanes, shall be assigned in accordance with paragraphs 2, 
3, 4, and 5 of this Section.))1 
 
¶2.  The list of inspectors shall not contain at any one time 
more than ((400))1 ((200))2 individuals((, and the list of 
monitors shall not contain at any one time more than 300 
individuals.))1  The number of individuals on the list of 
aircrew members shall ((be determined at the discretion of 
 
 
 
 
each party, based on the premise that the number of aircrew 
members for each inspection airplane shall not exceed ten.))2 
((not be limited.))1 Inspectors ((and monitors))1 shall be 
citizens of the inspecting Party. 
 
¶3.  ((Each Party shall have the right to inform the other 
Party of its agreement with, or objection to, the designation 
of each inspector, monitor, and aircrew member proposed, by 
providing a notification in accordance with paragraph 21 of 
Section III of this Protocol.))1 
 
¶4.  Each Party shall have the right to amend its lists of 
inspectors((, monitors,))1 and aircrew members no more than 
once ((each 3-month period))2((in each 21-day period, by 
providing the other Party with a notification in accordance 
with paragraph 20 of Section III of this Protocol))1 
 
¶5.  ((No later than 25 days after entry into force of the 
Treaty, or no later than 30 days after receipt of a 
notification of amendments to the lists of inspectors, 
monitors, or aircrew members, the Party receiving such lists 
or proposed amendments thereto shall provide visas and, where 
necessary, such other documents to each individual to whom it 
has agreed.))1 
 
¶6.  ((An individual on the list of inspectors may be objected 
to only if that individual is under indictment for a criminal 
offense on the territory of the inspected Party or if that 
individual has been convicted in a criminal prosecution or 
expelled by the Party reviewing the list.))1 ((An individual 
on the list of ((inspectors))2 ((monitors))1 or aircrew 
members may be objected to ((subsequently))2 if that 
individual is found unacceptable by the Party ((that reviewed 
the list previously))2 ((reviewing the list))1.  The Party 
making such an objection shall so notify the other Party in 
accordance with paragraph ((21 of Section III of this 
Protocol))1 (paragraph 5 of Subsection VI of Section IV).2 
((Individuals who are objected to shall be deleted from the 
lists.))1 
 
¶7.  A team conducting an ((Nuclear Warhead)1 inspection shall 
include no more than ((10))1((9))2 inspectors. 
 
¶8.  A team ((participating in a visit))2 ((conducting a Data 
Update Inspection))1 shall include no more than ((10))1 
((7))2 inspectors. 
 
¶9.  A team participating in an exhibition shall include no 
more than ((20))1 ((10))2 inspectors. 
 
¶10.  ((In order to exercise their functions effectively, for 
the purpose of implementing the Treaty and not for their 
personal benefit,))1 the inspectors, ((monitors,))1 and 
aircrew members shall be accorded the           following 
privileges and immunities: 
 
(a)  Inspectors, ((monitors))1, and aircrew members shall be 
accorded the inviolability enjoyed by diplomatic agents in 
accordance with Article 29 of the Vienna Convention on 
Diplomatic Relations of April 18, 1961. 
 
 
 
 
(b)  ((The office premises, except for those in the 
operations center, and living quarters for monitors shall be 
accorded the inviolability and protection accorded to the 
premises of the mission and private residences of diplomatic 
agents in accordance with Articles 22 and 30 of the Vienna 
Convention on Diplomatic Relations.))1 
 
(c)   The papers and correspondence of inspectors, 
((monitors))1, and aircrew members shall enjoy the 
inviolability accorded to the papers and correspondence of 
diplomatic agents in accordance with Article 30 of the Vienna 
Convention on Diplomatic Relations. 
 
(d)  Inspection airplanes ((delivering inspection teams to 
points of entry))2 shall be inviolable.  ((This shall not 
affect airplanes making regularly scheduled commercial 
flights that are used for the transportation of inspectors 
and monitors to points of entry, or their aircrews.))1 
 
(e)  Inspectors, ((monitors))1, and aircrew members shall be 
accorded the immunities accorded diplomatic agents in 
accordance with paragraphs 1, 2, and 3 of Article 31 (29)of 
the Vienna Convention on Diplomatic Relations.  ((The 
immunity from jurisdiction with respect to an inspector, 
monitor, or aircrew member may be waived by the inspecting 
Party in those cases when it is of the opinion that immunity 
would impede the course of justice and that it can be waived 
without prejudice to the implementation of the provisions of 
the Treaty.  Waiver must always be express.))1 
 
(f)  ((Monitors shall be accorded the exemption from dues and 
taxes accorded to diplomatic agents in accordance with 
Article 34 of the Vienna Convention on Diplomatic 
Relations.))1 
 
(g)  Inspectors, ((monitors))1, and aircrew members of a 
Party shall have the right to bring into the territory of the 
other Party, without payment of any customs duties or related 
charges, articles for their personal use, with the exception 
of articles, the import or export of which is prohibited by 
law or controlled by quarantine regulations. 
 
(h)  ((If the inspected Party considers that there has been 
an abuse of privileges and immunities provided for in this 
paragraph, consultations shall be held between the Parties to 
determine whether such an abuse has occurred.  If it is 
determined that such an abuse has occurred, the inspecting 
Party shall take necessary measures to prevent a repetition 
of such an abuse.))1 
 
((The privileges and immunities provided for in this 
paragraph shall be accorded for the entire time the 
inspectors, monitors, or aircrew members are within the 
territory of the other Party, and thereafter with respect to 
acts previously performed in the exercise of their official 
functions.  During their stay in the territory of the 
inspected Party,))1 without prejudice to the privileges and 
immunities provided for in this paragraph, inspectors, 
((monitors))1, and aircrew members shall be obliged to 
respect the laws and regulations of the inspected Party, 
shall be obliged not to interfere in its internal affairs, 
 
 
 
 
and shall not engage in any professional or commercial 
activity for personal profit on the territory of the 
inspected Party. 
 
((Annex A to Inspection Protocol II 
Provisions Concerning the Legal Status of Inspectors, 
Monitors, and Aircrew Members))1 
 
¶1.  ((The Parties shall have the right to change, by mutual 
agreement, the number of inspectors and monitors that each of 
these lists may contain.  For each proposed inspector, 
monitor, and aircrew member, the lists shall contain first 
name, middle name or patronymic, and last name; day, month, 
and year of birth; city, state or oblast, and country of 
birth; and passport number, if available))1 
 
¶2.  ((Subject to the provisions of paragraph 2 of IP II,))1 
((With each change, the number of inspectors whose names are 
entered in the list of inspectors shall not exceed 30, the 
number of monitors whose names are entered in the list of 
monitors shall not exceed 25 and the number of aircrew 
members whose names are entered in the list of aircrew 
members shall not exceed 25.  The Party receiving 
notification of an amendment to the list of inspectors, 
monitors, or aircrew members shall provide notification to 
the other Party, in accordance with paragraph 21 of Section 
III of this Protocol, of its  agreement with or objection to 
the designation of each  such inspector, monitor, or aircrew 
member.))1 
 
¶3.  ((As may be required to ensure that each inspector, 
monitor, or aircrew member may enter and remain in the 
territory of that Party throughout the in-country period. The 
inspected Party shall ensure that such visas and appropriate 
documents shall be valid for a period of at least 24 months, 
and the inspecting Party shall ensure that persons receiving 
such visas and appropriate documents shall use them only for 
the purpose of conducting inspections or continuous 
monitoring activities in accordance with the provisions of 
the Treaty and its Protocols.))1 
 
¶4.  ((In the event the inspected Party subsequently 
determines that an inspector, monitor, or aircrew member of 
the other Party is under indictment for a criminal offense on 
the territory of the inspected Party or has ever been 
convicted in a criminal prosecution or expelled by the 
inspected Party, or has violated the conditions governing the 
conduct of inspections or continuous monitoring activities 
provided for in this Protocol, the inspected Party making 
such determination may so notify the inspecting Party in 
accordance with paragraph 22 of Section III of this Protocol. 
 In the event that the inspecting Party is so notified, that 
Party shall promptly recall that individual from the 
territory of the inspected Party, if that individual is there 
at such a time.  The inspecting Party shall also delete the 
individual from the list of inspectors, monitors, or aircrew 
members.))1 
 
----------------------- 
(( ))1 Proposed by the United States 
(( ))2 Proposed by the Russian Federation 
 
 
 
 
----------------------- 
 
End text. 
 
¶4.  (U) Gottemoeller sends. 
GRIFFITHS