Signed at Washington and Moscow May 28, 1976
Entered into force December 11, 1990

Peaceful Nuclear Explosions Treaty

The United States of America and the Union of Soviet Socialist Republics, hereinafter referred toas the Parties,

Proceeding from a desire to implement Article III of the Treaty Between the United States ofAmerica and the Union of Soviet Socialist Republics on the Limitation of Underground NuclearWeapon Tests, which calls for the earliest possible conclusion of an agreement on undergroundnuclear explosions for peaceful purposes,

Reaffirming their adherence to the objectives and principles of the Treaty Banning NuclearWeapon Tests in the Atmosphere, in Outer Space and Under Water, the Treaty onNon-Proliferation of Nuclear Weapons, and the Treaty on the Limitation of UndergroundNuclear Weapon Tests, and their determination to observe strictly the provisions of theseinternational agreements,

Desiring to assure that underground nuclear explosions for peaceful purposes shall not be usedfor purposes related to nuclear weapons,

Desiring that utilization of nuclear energy be directed only toward peaceful purposes,

Desiring to develop appropriately cooperation in the field of underground nuclear explosions for peaceful purposes,

Have agreed as follows:

Article I

1. The Parties enter into this Treaty to satisfy the obligations in Article III of the Treaty on theLimitation of Underground Nuclear Weapon Tests, and assume additional obligations inaccordance with the provisions of this Treaty.

2. This Treaty shall govern all underground nuclear explosions for peaceful purposes conductedby the Parties after March 31, 1976.

Article II

For the purposes of this Treaty:

(a) "explosion" means any individual or group underground nuclear explosion for peacefulpurposes;

(b) "explosive" means any device, mechanism or system for producing an individualexplosion;

(c) "group explosion" means two or more individual explosions for which the time intervalbetween successive individual explosions does not exceed five seconds and for which theemplacement points of all explosives can be interconnected by straight line segments, each ofwhich joins two emplacement points and each of which does not exceed 40 kilometers.

Article III

1. Each Party, subject to the obligations assumed under this Treaty and other internationalagreements, reserves the right to:

(a) carry out explosions at any place under its jurisdiction or control outside the geographicalboundaries of test sites specified under the provisions of the Treaty on the Limitation ofUnderground Nuclear Weapon Tests; and

(b) carry out, participate or assist in carrying out explosions in the territory of another State atthe request of such other State.

2. Each Party undertakes to prohibit, to prevent and not to carry out at any place under itsjurisdiction or control, and further undertakes not to carry out, participate or assist in carrying outanywhere:

(a) any individual explosion having a yield exceeding 150 kilotons;

(b) any group explosion:

(1) having an aggregate yield exceeding 150 kilotons except in ways that will permitidentification of each individual explosion and determination of the yield of each individualexplosion in the group in accordance with the provisions of Article IV of and the Protocol to thisTreaty;

(2) having an aggregate yield exceeding one and one-half megatons;

(c) any explosion which does not carry out a peaceful application;

(d) any explosion except in compliance with the provisions of the Treaty Banning NuclearWeapon Tests in the Atmosphere, in Outer Space and Under Water, the Treaty on theNon-Proliferation of Nuclear Weapons, and other international agreements entered into by thatParty.

3. The question of carrying out any individual explosion having a yield exceeding the yieldspecified in paragraph 2(a) of this article will be considered by the Parties at an appropriate timeto be agreed.

Article IV

1. For the purpose of providing assurance of compliance with the provisions of this Treaty,each Party shall:

(a) use national technical means of verification at its disposal in a manner consistent withgenerally recognized principles of international law; and

(b) provide to the other Party information and access to sites of explosions and furnishassistance in accordance with the provisions set forth in the Protocol to this Treaty.

2. Each Party undertakes not to interfere with the national technical means of verification of theother Party operating in accordance with paragraph 1(a) of this article, or with theimplementation of the provisions of paragraph 1(b) of this article.

Article V

1. To promote the objectives and implementation of the provisions of this Treaty, the Partiesshall establish promptly a Joint Consultative Commission within the framework of which theywill:

(a) consult with each other, make inquiries and furnish information in response to suchinquiries, to assure confidence in compliance with the obligations assumed;

(b) consider questions concerning compliance with the obligations assumed and relatedsituations which may be considered ambiguous;

(c) consider questions involving unintended interference with the means for assuringcompliance with the provisions of this Treaty;

(d) consider changes in technology or other new circumstances which have a bearing on theprovisions of this Treaty; and

(e) consider possible amendments to provisions governing underground nuclear explosionsfor peaceful purposes.

2. The Parties through consultation shall establish, and may amend as appropriate, Regulationsfor the Joint Consultative Commission governing procedures, composition and other relevantmatters.

Article VI

1. The Parties will develop cooperation on the basis of mutual benefit, equality, and reciprocityin various areas related to carrying out underground nuclear explosions for peaceful purposes.

2. The Joint Consultative Commission will facilitate this cooperation by considering specificareas and forms of cooperation which shall be determined by agreement between the Parties inaccordance with their constitutional procedures.

3. The Parties will appropriately inform the International Atomic Energy Agency of results oftheir cooperation in the field of underground nuclear explosions for peaceful purposes.

Article VII

1. Each Party shall continue to promote the development of the international agreement oragreements and procedures provided for in Article V of the Treaty on the Non-Proliferation ofNuclear Weapons, and shall provide appropriate assistance to the International Atomic EnergyAgency in this regard.

2. Each Party undertakes not to carry out, participate or assist in the carrying out of anyexplosion in the territory of another State unless that State agrees to the implementation in itsterritory of the international observation and procedures contemplated by Article V of the Treatyon the Non-Proliferation of Nuclear Weapons and the provisions of Article IV of and theProtocol to this Treaty, including the provision by that State of the assistance necessary for suchimplementation and of the privileges and immunities specified in the Protocol.

Article VIII

1. This Treaty shall remain in force for a period of five years, and it shall be extended forsuccessive five-year periods unless either Party notifies the other of its termination no later thansix months prior to its expiration. Before the expiration of this period the Parties may, asnecessary, hold consultations to consider the situation relevant to the substance of this Treaty.However, under no circumstances shall either Party be entitled to terminate this Treaty while theTreaty on the Limitation of Underground Nuclear Weapon Tests remains in force.

2. Termination of the Treaty on the Limitation of Underground Nuclear Weapon Tests shallentitle either Party to withdraw from this Treaty at any time.

3. Each Party may propose amendments to this Treaty. Amendments shall enter into force onthe day of the exchange of instruments of ratification of such amendments.

Article IX

1. This Treaty, including the Protocol which forms an integral part hereof, shall be subject toratification in accordance with the constitutional procedures of each Party. This Treaty shall enterinto force on the day of the exchange of instruments of ratification which exchange shall takeplace simultaneously with the exchange of instruments of ratification of the Treaty on theLimitation of Underground Nuclear Weapon Tests.

2. This Treaty shall be registered pursuant to Article 102 of the Charter of the United Nations.

DONE at Washington and Moscow, on May 28, 1976, in duplicate, in the English and Russianlanguages, both texts being equally authentic.

FOR THE UNITED STATES OF AMERICA:
GERALD R. FORD
The President of the United States of America

FOR THE UNION OF SOVIET SOCIALIST REPUBLICS:

L. BREZHNEV
General Secretary of the Central Committee of the CPSU

 

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