[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.

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    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.