JOINT COMPLIANCE AND INSPECTION COMMISSION
AGREEMENT NUMBER 18

LOGISTICAL AND ADMINISTRATIVE PROCEDURES FOR
CONDUCTING TRAINING AND MAINTENANCE AND
FOR PROVIDING SPARE PARTS AND REPLACEMENT PARTS
FOR TELEMETRY EQUIPMENT

The Government of the United States of America, the Government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Government of the Russian Federation, and the Government of Ukraine, hereinafter referred to as the Parties,

In accordance with the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms of July 31, 1991, hereinafter referred to as the Treaty,

To improve the viability and effectiveness of the Protocol on Telemetric Information Relating to the Treaty, hereinafter referred to as the Telemetry Protocol, and the Protocol on Notifications Relating to the Treaty, hereinafter referred to as the Notification Protocol,

Have agreed as follows:

Article One

The following provisions shall constitute subparagraph 4(d) of Section I of the Telemetry Protocol:

    "(d) if requested, in accordance with paragraph 6 of Section VI of the Notification Protocol, ensure the timely provision of training, maintenance, spare parts, and replacement parts for equipment acquired pursuant to this paragraph or pursuant to paragraph 1 or paragraph 2 of Section I of Annex l to this Protocol. Provision of training, maintenance, spare parts, and replacement parts shall be in accordance with Annex 4 to this Protocol."

Article Two

The following provisions shall constitute Annex 4 to the Telemetry Protocol:

"ANNEX 4

LOGISTICAL AND ADMINISTRATIVE PROCEDURES FOR CONDUCTING TRAINING AND MAINTENANCE AND FOR PROVIDING SPARE PARTS AND REPLACEMENT PARTS FOR TELEMETRY EQUIPMENT

l. For purposes of this Annex:

    (a) the term "providing Party" means the Party that provided the equipment for which maintenance or training are being conducted or for which spare parts or replacement parts are being provided;

    (b) the term "receiving Party" means the Party that received the equipment for which maintenance or training are being conducted or for which spare parts or replacement parts are being provided;

    (c) the term "maintenance team" means the group of individuals assigned by the providing Party to conduct maintenance or training on the territory of the receiving Party;

    (d) the term "trainee team" means the group of individuals assigned by the receiving Party to receive training on the territory of the providing Party.

2. Regarding the number and list of maintenance team members, the number and list of trainee team members, the number and list of aircrew members, and the provision of visas:

    (a) A maintenance team or trainee team shall include no more than 14 individuals. A maintenance team shall have the right to bring tools and equipment required for conducting maintenance or training. The aircrew for transport of team members, and delivery of tools and equipment, shall include no more than 15 individuals.

    (b) The providing Party shall provide, through diplomatic channels, a list of maintenance team members and a list of aircrew members no less than 15 days in advance of their arrival in the territory of the receiving Party. The provisions of paragraph 6 of Section II and paragraphs 21 and 22 of Section III of the Inspection Protocol, on an objection to an individual on the list of inspectors shall apply to an objection to a maintenance team member or aircrew member, except that the receiving Party shall notify its objection no later than seven days after receipt of such lists.

    (c) The receiving Party shall provide, through diplomatic channels, a list of trainee team members and a list of aircrew members no less than 15 days in advance of their arrival in the territory of the providing Party. The provisions of paragraph 6 of Section II and paragraphs 21 and 22 of Section III of the Inspection Protocol on an objection to an individual on the list of inspectors shall apply to an objection to a trainee team member or aircrew member, except that the providing Party shall notify its objection no later than seven days after receipt of such lists.

    (d) The receiving Party shall provide visas and, where necessary, such other documents to each maintenance team member and each aircrew member to whom it has not objected, as may be required to ensure that each such team member and each such aircrew member may enter and remain in its territory for the duration of the maintenance or training period.

    (e) The providing Party shall provide visas and, where necessary, such other documents to each trainee team member and each aircrew member to whom it has not objected, as may be required to ensure that each such team member and each such aircrew member may enter and remain in its territory for the duration of the training period.

    (f) The providing Party shall provide, through diplomatic channels, a list of tools and equipment required for conducting maintenance or training no less than 15 days in advance of their delivery to the territory of the receiving Party. The provisions of paragraphs 8 and 11 of Section V of the Inspection Protocol on examination of equipment and supplies shall apply to examination of such tools and equipment.

3. Regarding the maintenance team or trainee team:

    (a) The receiving Party shall provide necessary assistance, including a safety briefing, to the maintenance team members.

    (b) The providing Party shall provide necessary assistance, including a safety briefing, to the trainee team members.

    (c) The provisions of paragraph 11 of Section VI of the Inspection Protocol on movement, travel, and urgent departure or emergency evacuation of inspectors, monitors, and aircrew members shall apply to trainee team members, maintenance team members and aircrew members.

    (d) Throughout the period of stay on the territory of the receiving Party, the receiving Party shall ensure that the maintenance team members can be in communication with the embassy of the providing Party located on the territory of the receiving Party using telephonic communications provided by the receiving Party.

    (e) Throughout the period of stay on the territory of the providing Party, the providing Party shall ensure that the trainee team members can be in communication with the embassy of the receiving Party located on the territory of the providing Party using telephonic communications provided by the providing Party.

    (f) The Parties shall treat with due respect the maintenance team members, trainee team members, and aircrew members of each Party in its territory and shall take all appropriate steps to prevent any attack on their person, freedom, and dignity.

4. Regarding arrangements for air transportation:

    (a) The Parties may use dedicated airplanes, inspection airplanes, airplanes making regularly scheduled commercial flights, or, if possible, other airplanes used for inspections related to arms control agreements, for the purpose of transporting trainee team members, maintenance team members, as well as spare parts, replacement parts, tools and equipment to the point of entry.

    (b) Diplomatic clearance numbers for dedicated airplanes transporting maintenance team members, as well as spare parts, replacement parts, tools and equipment, and routes for flights of such airplanes to and from the point of entry shall be provided, through diplomatic channels, by the receiving Party no less than ten days prior to the estimated time of arrival at the point of entry on the territory of the receiving Party.

    (c) Diplomatic clearance numbers for dedicated airplanes transporting trainee team members, and routes for flights of such airplanes to and from the point of entry shall be provided, through diplomatic channels, by the providing Party no less than ten days prior to the estimated time of arrival at the point of entry on the territory of the providing Party.

    (d) The receiving Party shall provide parking, security protection, fueling, air navigation, airport facility, and ground technical and commercial services, as well as additional services as requested, for the dedicated airplane of the providing Party at the point of entry. The cost of parking and security protection for each such airplane shall be borne by the receiving Party. The cost of fueling and air navigation, airport facility, and ground technical and commercial services, as well as additional services as requested, shall be borne by the providing Party.

    (e) The providing Party, if training is conducted on its territory, shall provide parking, security protection, fueling, air navigation, airport facility, and ground technical and commercial services, as well as additional services as requested, for the dedicated airplane of the receiving Party at the point of entry. The cost of parking and security protection for each such airplane shall be borne by the providing Party. The cost of fueling and air navigation, airport facility, and ground technical and commercial services, as well as additional services as requested, shall be borne by the receiving Party.

    (f) The providing Party shall state its intention, through diplomatic channels, to transport maintenance team members, spare parts, or replacement parts no less than 72 hours prior to the estimated time of arrival of the maintenance team members, or delivery of spare parts or replacement parts at the point of entry on the territory of the receiving Party. The receiving Party shall state its intention, through diplomatic channels, to transport trainee team members no less than 72 hours prior to the estimated time of arrival of the trainee team members at the point of entry on the territory of the providing Party. Such statements shall include:

      (i) the date and estimated time of arrival at the point of entry; and

      (ii) the names, dates of birth, and places of birth of the trainee team members, maintenance team members and aircrew members.

    (g) The provisions of paragraphs 8, 9, 10, 11, 12, and 13 of Section IV of the Inspection Protocol on flights of inspection airplanes shall apply to flights of dedicated airplanes transporting trainee team members, maintenance team members, as well as spare parts, replacement parts, tools and equipment.

    (h) If the Parties use dedicated airplanes, such airplanes shall be of the types specified in Annex 10 to the Inspection Protocol.

5. Regarding the report and the confidentiality requirements:

    (a) Before departing the site where maintenance or training was conducted, the maintenance team leader and a representative of the receiving Party, and if training is conducted on the territory of the providing Party, the trainee team leader and a representative of the providing Party, shall describe, in a factual, written report, the activity that was carried out pursuant to a request provided for in paragraph 6 of Section VI of the Notification Protocol, and confirm the completion of such activity.

    (b) Maintenance team members shall not disclose information obtained during maintenance or training except with the express consent of the receiving Party.

    (c) Trainee team members shall not disclose information obtained during training except with the express consent of the providing Party.

6. Throughout the in-country period, the receiving Party shall provide meals, lodging, work space, transportation, and, as necessary, medical and other urgent services for the maintenance team members and aircrew members of the providing Party. Throughout the in-country period, the providing Party, if training is conducted on its territory, shall provide meals, lodging, work space, transportation, and, as necessary, medical and other urgent services for the trainee team members and aircrew members. The costs of all such services shall be borne by the receiving Party.

7. The receiving Party shall provide to the providing Party, through diplomatic channels, a confirmation of the receipt of spare parts or replacement parts.

8. The receiving Party shall assist the providing Party, if requested, with customs procedures, and in resolving any issues that may arise in connection with the delivery of spare parts, replacement parts, tools and equipment."

Article Three

l. The following provisions shall constitute paragraph 6, paragraph 7, and paragraph 8 of Section VI of the Notification Protocol:

    "(6) notification containing a request regarding maintenance, training, spare parts, and replacement parts. Such notification shall include, as appropriate: the type of training requested, the number of trainee team members, the location of the training, and the proposed date the training would begin; the type of maintenance requested, and the location of the maintenance; the manufacturer's name, model number, and part number, if applicable, of the malfunctioning equipment or its component. and a description of the specific equipment operating problems being experienced, including the results of any diagnostic or corrective maintenance procedures that have been attempted; the manufacturer's name, model number, and part number, if applicable, of the spare parts or replacement parts requested;

    (7) notification, no later than 20 days after receipt of a request pursuant to paragraph 6 of this Section. Such notification shall include, as appropriate: the proposed point of entry, the proposed date of arrival of the maintenance team or trainee team at the point of entry, the date the training will begin, the length of the training session, the maintenance team size, the estimated delivery date of the requested spare parts or replacement parts; and the estimated cost of the services to be provided;

    (8) notification, no later than 10 days after receipt of a response provided pursuant to paragraph 7 of this Section. Such notification shall include, as appropriate:

      (a) acceptance of the proposed point of entry and proposed date of arrival of the team or the delivery of requested spare parts or replacement parts at the point of entry; or

      (b) a proposal for an alternate point of entry and an alternate date of arrival of the team or the delivery of requested spare parts or replacement parts at the point of entry; or

      (c) cancellation of a request regarding maintenance, training, spare parts, and replacement parts as contained in the notification provided in accordance with paragraph 6 of this section."

2. The following provisions shall be added at the end of the list contained in Section III of Annex 1 to the Notification Protocol:

    "148. NOTIFICATION CONTAINING A REQUEST REGARDING TRAINING, MAINTENANCE, SPARE PARTS, AND REPLACEMENT PARTS FOR TELEMETRY EQUIPMENT

    149. NOTIFICATION CONTAINING A RESPONSE TO A REQUEST REGARDING TRAINING, MAINTENANCE, SPARE PARTS, AND REPLACEMENT PARTS FOR TELEMETRY EQUIPMENT

    150. NOTIFICATION OF ACCEPTANCE OF OR CHANGE TO THE PROPOSED POINT OF ENTRY, AND PROPOSED DATE OF ARRIVAL OF THE TEAM OR OF THE DELIVERY OF SPARE PARTS OR REPLACEMENT PARTS AT THE POINT OF ENTRY, OR CANCELLATION OF A REQUEST REGARDING TELEMETRY EQUIPMENT"

Article Four

The number "1" shall be superscripted at the end of the title of Annex 4. The corresponding footnote shall read:

    "This Annex is included in this Protocol pursuant to Joint Compliance and Inspection Commission Agreement Number 18 of May 4, 1994."

Article Five

1. This Agreement shall apply provisionally from the date when all Parties have consented to be bound by this Agreement until July 31, 1995, unless, before the expiration of this period:

    (a) a Party communicates to all other Parties its decision to terminate the provisional application of this Agreement; or

    (b) the Treaty enters into force.

The Parties may agree to extend the provisional application of this Agreement for additional periods, subject to the same conditions specified in subparagraphs (a) and (b) of this paragraph.

2. The provisions of this Agreement shall apply provisionally in light of and in conformity with the other provisions of the Treaty.

3. This Agreement shall enter into force on the date of entry into force of the Treaty and shall remain in force as long as the Treaty remains in force.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE at Geneva on May 4, 1994 in five copies, each in the English and Russian languages, both texts being equally authentic.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
Steven Steiner

FOR THE GOVERNMENT OF THE REPUBLIC OF BELARUS:
Andrey Sannikov

FOR THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN:
Kairtay Zhanbatyrov

FOR THE GOVERNMENT OF THE RUSSIAN FEDERATION:
Mikhail Strel'tsov

FOR THE GOVERNMENT OF UKRAINE:
Konstantin Hrishchenko

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