    [Weekly Compilation of Presidential Documents Volume 36, Number 23 (Monday, June 12, 2000)]
    [Pages 1280-1283]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    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;

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        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.

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        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.

    [[Page 1283]]

        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.

     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.