[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 544 Agreed to Senate (ATS)]

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114th CONGRESS
  2d Session
S. RES. 544

Expressing the sense of the Senate regarding compliance enforcement of 
              Russian violations of the Open Skies Treaty.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2016

    Mr. Cotton (for himself, Mr. Corker, Mr. Cardin, and Mr. Rubio) 
 submitted the following resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION


 
Expressing the sense of the Senate regarding compliance enforcement of 
              Russian violations of the Open Skies Treaty.

Whereas the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered 
        into force January 1, 2002 (in this resolution referred to as the ``Open 
        Skies Treaty''), which established a regime for unarmed aerial 
        observation flights over the entire territory of its participants, is 
        one of the most wide-ranging international efforts to date to promote 
        openness and transparency of military forces and activities;
Whereas the United States Government has declared that strengthening and 
        maintaining European security is a top priority for the United States, 
        that the Open Skies Treaty is a key element of the Euro-Atlantic 
        security architecture, and that arms control is a key part of that 
        effort because robust multilateral conventional arms control 
        arrangements contribute to a more stable and secure European continent;
Whereas, according to Secretary of State James Baker, addressing the Open Skies 
        Conference in 1990, the end of the Cold War gave the Open Skies Treaty 
        new importance as a stabilizing factor in East-West relations, openness 
        and transparency in military matters offered ``the most direct path to 
        greater predictability and reduced risk of inadvertent war,'' and Open 
        Skies Treaty was thus ``potentially the most ambitious measure to build 
        confidence ever undertaken'';
Whereas, according to the President's letter of submittal for the Open Skies 
        Treaty provided to Congress by the Secretary of State on August 12, 
        1992, it is the purpose of the Open Skies Treaty to promote openness and 
        transparency of military forces and activities and to enhance mutual 
        understanding and confidence by giving States Party a direct role in 
        gathering information about military forces and activities of concern to 
        them;
Whereas, according to the Report on Adherence to and Compliance with Arms 
        Control, Nonproliferation, and Disarmament Agreements and Commitments 
        published by the Department of State on April 11, 2016 (in this 
        resolution referred to as the ``2016 Compliance Report''), the Russian 
        Federation ``continues not to meet its obligations [under the Open Skies 
        Treaty] to allow effective observation of its entire territory, raising 
        serious compliance concerns'';
Whereas, according to the 2016 Compliance Report, Russian conduct giving rise to 
        compliance concerns has continued since the Open Skies Treaty entered 
        into force in 2002 and worsened in 2010, 2014, and 2015; and
Whereas, according to the 2016 Compliance Report, ongoing efforts by the United 
        States and other States Party to the Open Skies Treaty to address these 
        concerns through dialogue with the Russian Federation ``have not 
        resolved any of the compliance concerns.'': Now, therefore, be it
    Resolved, That it is the sense of the Senate that--
            (1) restrictions upon the ability of Open Skies Treaty 
        aircraft to overfly all portions of the territory of a State 
        Party impede openness and transparency of military forces and 
        activities and undermine mutual understanding and confidence, 
        especially when coupled with an ongoing refusal to address 
        compliance concerns raised by other States Party subject to 
        such restrictions;
            (2) it is essential to the accomplishment of the purpose of 
        the Open Skies Treaty that Open Skies Treaty aircraft be able 
        to observe the entire territory of a State Party in a timely 
        and reciprocal manner as provided for under the Open Skies 
        Treaty;
            (3) the Russian Federation's restrictions upon the ability 
        of Open Skies Treaty aircraft to overfly all portions of the 
        territory of the Russian Federation constitute violations of 
        the Open Skies Treaty; and
            (4) for so long as the Russian Federation remains in 
        noncompliance with the Open Skies Treaty, the United States 
        should take such measures as are necessary to bring about the 
        Russian Federation's return to full compliance with its treaty 
        obligations, including, as appropriate, through the imposition 
        of restrictions upon Russian overflights of the United States.
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