[Public Papers of the Presidents of the United States: WILLIAM J. CLINTON (2000, Book I)]
[June 4, 2000]
[Pages 1077-1080]
[From the U.S. Government Publishing Office www.gpo.gov]
Russia-United States Memorandum of Agreement on Establishment of a Joint
Center for Early Warning Systems Data Exchange and Missile Launch
Notifications
June 4, 2000
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
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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.
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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.
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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.
Note: The text released by the Office of the Press Secretary also
included appendices to this joint statement, which was formally
entitled, ``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.'' An original was not available for verification of
the content of this memorandum of agreement.