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S E C R E T GENEVA 000857 
 
SIPDIS 
 
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E.O. 12958: DECL: 09/21/2019 
TAGS: KACT MARR PARM PREL RS US START
SUBJECT: START FOLLOW-ON NEGOTIATIONS, GENEVA (SFO-GVA-V): 
(U) U.S.-PROPOSED JOINT DRAFT TEXT PROTOCOL SECTION VI, 
BILATERAL CONSULTATIVE COMMISSION 
 
Classified By:  A/S Rose E. Gottemoeller, United States 
START Negotiator.  Reasons:  1.4(b) and (d). 
 
¶1.  (U) This is SFO-GVA-V-042. 
 
¶2.  (S) The text at paragraph 3 is the U.S.-proposed text for 
Protocol on the Bilateral Consultative Commission for the 
draft START Follow-on Treaty.  The text was provided to the 
Russian delegation in Geneva on September 30, 2009. 
 
¶3.  (S)  Begin text: 
                                          SFO-V 
                                          U.S. Proposed 
                                          Joint Draft Text 
                                          September 30, 2009 
 
((PROTOCOL ON THE BILATERAL CONSULTATIVE COMMISSION 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 
 
((Section VI 
BILATERAL CONSULTATIVE COMMISSION))2 
 
((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 provisions governing))1 
 ((These provisions shall govern))2  the operation of the 
Bilateral Consultative Commission, hereinafter referred to as 
the Commission, established pursuant to Article XII((I))1  of 
((the))1  ((this))2   Treaty. 
 
((I.  Composition of the Commission))1 
 
¶1.  ((Each Party shall communicate to the other Party the 
names of its designated Commissioner and Deputy Commissioner 
to the Commission.))1  The Parties shall communicate to each 
other ((through diplomatic channels))2  the names of the 
((initially))1 designated Commissioner and Deputy 
Commissioner to the Commission no later than 30 days after 
((signature))1  ((entry into force))2  of the Treaty. 
 
((2.))1  Each Party shall have the right to be represented 
((at a session of))1  ((in))2 the Commission by its 
Commissioner and Deputy Commissioner as well as by their 
alternates, and by members, advisors, and experts.  A session 
of the Commission may be convened without the participation 
of the Commissioner and Deputy Commissioner.  In such a case, 
any other individual provided for in this paragraph may be 
the head representative of a Party to a session of the 
Commission. 
 
((3.))1  ((6.))2  The ((head representatives))1 
((Commissioners))2  of the Parties shall alternately preside 
over meetings during a session of the Commission, unless 
otherwise agreed ((during a session))1. 
 
((4.))1  The Commission shall have the right to constitute 
working groups ((consisting))1 ((which may consist))2  of any 
of the individuals provided for in paragraph ((2))1  ((1))2 
of this Section for the consideration of specific questions 
 
 
raised ((in the Commission))1  ((during a session))2. 
 
((II.  Convening a Session of the Commission))1 
 
((2.))2  ((No fewer than two sessions of the Commission shall 
be held each year.))2  ((1.))1 A session of the Commission 
shall be convened at the request of either Party.  ((No later 
than 15 days after receiving such a request, the requested 
Party shall submit a response.))1  ((Requests and 
responses))1  ((The request))2   shall include ((the 
following))1: (((a)))1  the questions that the Party intends 
to raise, (((b) the name of the head representative of the 
Party;))1  and (((c)))1  the ((proposed, accepted or 
alternate))1  date ((for convening the session))2  and 
((the))2  location ((for the convening of the session))1 
((it will be held))2. ((In its response, which shall be 
provided no later than 15 days following receipt of the 
request, the Party that received the request to hold a 
session may express its consent to the proposals received or 
raise additional questions, and propose an alternate location 
and date for convening the session, which shall be convened 
no later than 45 days following the initially proposed 
date.))2  ((Each Party may also submit additional questions 
to the other Party in the period from the submission of the 
initial response to the initial request until the convening 
of the session.))1 
 
((2.  A session of the Commission shall be convened not later 
than 45 days after the date proposed in the request provided 
for in subparagraph 1(c) of this Section.))1 
 
((3.))1  ((5))2  ((A session))1  ((Sessions))2  of the 
Commission shall be convened in Geneva, Switzerland, ((or, as 
appropriate, in another place agreed by the Parties))1 
((unless otherwise agreed.))2  ((A session of the Commission 
shall remain in session for no more than 15 days, unless 
otherwise agreed.))1  ((As a rule, a session of the 
Commission shall last no longer than 15 days unless otherwise 
agreed))2. 
 
((4.  In accordance with Article XII of the Treaty, the 
Parties shall have the right to consider questions concerning 
fulfillment of the obligations assumed and related 
situations, which may be considered ambiguous; to agree, if 
necessary, upon additional procedures for providing 
notifications, converting and eliminating strategic offensive 
arms, and conducting inspections and visits; and to work out 
measures that may be necessary for improving the viability 
and effectiveness of the Treaty.))2 
 
((4.))1  ((10))2   The Commissioner((s))2 ((or Deputy 
Commissioner))1  of ((each of))1  the Parties ((may))1 
((shall))2  ((, without the convening of a session of the 
Commission,))1  communicate with ((the Commissioner of the 
other Party))1  ((each other))2  ((in order to clarify any 
unclear situations or to resolve questions))1  ((during the 
intersessional period concerning questions that are related 
to the competency of the Commission))2. 
 
((III.      Convening a Special Session of the Commission))1 
 
((1.  A special session of the Commission shall be convened 
at the request of either Party to address what the requesting 
 
 
Party  considers to be an urgent concern relating to 
compliance of the other Party  with the obligations assumed 
under the Treaty  Such a request shall include, at a minimum, 
the following: 
 
(a) the nature of the concern, including the kind and, if 
applicable, the type of strategic offensive arms related to 
the concern; 
 
(b) the name of the head representative of the Party; and 
 
(c) the proposed date and location for the convening of the 
special session. 
 
The requesting Party may also propose in the request a 
specific method for resolving the concern.  Such a method may 
include, but is not limited to, a visit with special right of 
access to the facility or location where, in the opinion of 
the requesting Party, the activity that caused the concern 
took place. 
 
¶2.  No later than seven days after receiving such a request, 
the requested Party shall submit a response.  Such a response 
shall include either: 
 
(a) acceptance of the proposed date and location for the 
convening of the special session; or 
 
(b) a proposal for an alternate date and location for the 
convening of the special session.  The alternate date shall 
be no later than ten days after the date proposed by the 
requesting Party. 
 
¶3.  The response of the requested Party may also include: 
 
(a) acceptance of the proposed specific method for resolving 
the concern, including, if a visit with special right of 
access is planned, the proposed date, location, and 
procedures for such a visit; or 
 
(b) a proposal for a specific method for resolving the 
concern, including, if a visit with special right of access 
is planned, the proposed date, location, and procedures for 
such a visit. 
 
If the Parties agree to a visit with special right of access 
or another method for resolving the concern, the Parties may 
agree not to convene the special session.  Visits with 
special right of access may be conducted in accordance with 
the provisions of the Inspection Protocol, as applicable. 
 
¶4.  Either Party may request additional information related 
to the concern.  A response to such a request shall be 
submitted no later than seven days after receipt of the 
request, but shall not affect the time for convening the 
special session of the Commission, if such a session is held. 
 
¶5.  A special session of the Commission shall remain in 
session for no more than 30 days.))1 
 
((IV. Agenda))1 
 
((1.))1   ((3.))2  The agenda for a session of the Commission 
 
 
shall consist of those questions that the Parties have 
included in the communications provided to each other in 
accordance with paragraph ((1))1  ((2))2   of ((this))2 
Section ((II of this Protocol))1. 
 
((2.))1  Each Party shall have the right to raise in the 
Commission questions that arise ((immediately preceding or))1 
during a session of the Commission; provided ((, however,))1 
that ((for))2  consideration of such questions during the 
current session ((shall be subject to agreement of the 
Parties))1 ((agreement of the other Party shall be 
required.))2  ((In case of such agreement, the Parties shall 
allow sufficient time prior to consideration of such 
questions for preparation and any changes in the composition 
of their delegations that are required.))1  The Parties shall 
((also))1 have the right ((during the current session))2  to 
agree on the ((starting))2 date, length and location of the 
next session of the Commission and onQe questions that the 
Parties intend to raise at that session. 
 
((3.  Sessions of the Commission shall be convened 
irrespective of the number of questions on the agenda.))1 
 
((V.  Work of the Commission))1 
 
((7.))2  The work of the Commission shall be confidential, 
except as otherwise agreed by the Commission.  The Commission 
may record agreements or the results of its work in an 
appropriate document ((, which shall be done in two 
originals, each in the English and Russian languages, both 
texts being equally authentic))1.  Such documents shall not 
be confidential, except as otherwise agreed by the Commission. 
 
((VI.  Costs))1 
 
((9.))2   Each Party shall bear the cost of its participation 
in the work of the Commission. 
 
((VII.  Communications))1 
 
((8.))2  Communications pursuant to this ((Protocol))1 
((Section))2  ((,with the exception of paragraph 1 of this 
Section,))2  ((shall be provided through diplomatic channels; 
or))1  shall be provided through the Nuclear Risk Reduction 
Center((s))2  ((of the United States of America, and the 
Nuclear Risk Reduction Center of the Russian Federation))1. 
 
((VIII.  Additional Procedures and Provisional Application))1 
 
((1.  The Parties shall have the right to agree upon 
additional procedures governing the operation of the 
Commission. 
 
¶2.  The provisions of Article XIII of the Treaty and the 
provisions of this Protocol shall apply provisionally from 
the date of signature of the Treaty for a 12 month period, 
unless, before the expiration of this period: 
 
(a) a Party communicates to the other Party its decision to 
terminate the provisional application of the provisions of 
Article XIII of the Treaty and the provisions of this 
Protocol; or 
 
 
(b) the Treaty enters into force. 
 
The Parties may agree to extend the provisional application 
for additional periods, subject to the same conditions 
specified in subparagraphs (a) and (b) of this paragraph. 
 
¶3.  The provisions of Article XIII of the Treaty and the 
provisions of this Protocol shall apply provisionally in 
light of and in conformity with the other provisions of the 
Treaty.))1 
 
((This Protocol is an integral part of the Treaty and shall 
enter into force on the date of entry into force of the 
Treaty and shall remain in force so long as the Treaty 
remains in force.  As provided for in subparagraph (b) of 
Article XIII of the Treaty, the Parties may agree upon such 
additional measures as may be necessary to improve the 
viability and effectiveness of the Treaty.  The Parties agree 
that, if it becomes necessary to make changes in this 
Protocol that do not affect substantive rights or obligations 
under the Treaty, they shall use the Commission to reach 
agreement on such changes, without resorting to the procedure 
for making amendments set forth in Article XVI of the 
Treaty.))1 
 
((Done at (       ) on               , in two originals, each 
in the English and Russian languages, both texts being 
equally authentic.))1 
 
((FOR THE UNITED STATES OF AMERICA: 
 
FOR THE RUSSIAN FEDERATION:))1 
 
------------------------------------------ 
(( ))1  Proposed by the United States 
(( ))2  Proposed by the Russian Federation 
------------------------------------------ 
 
End text. 
 
¶4.  (U) Gottemoeller sends. 
RICHTER