ANNEX 5

PROCEDURES FOR CONTINUOUS MONITORING

1. Monitors shall have the right to confirm the numbers, types, and, if applicable, variants of types of items of continuous monitoring that are declared to exit from the monitored facility, and to confirm that no other items of continuous monitoring exit from the monitored facility. For this purpose, in carrying out the procedures for continuous monitoring provided for in this Annex, the size criteria as defined in paragraph 24 of Section VI of this Protocol shall be used.

2. If any covered or environmentally protected object, container, launch canister, or other object or vehicle exiting from the monitored facility through the portal is large enough to contain or to be an item of continuous monitoring, a member of the in-country escort shall so declare to monitors no less than 30 minutes prior to the arrival of the covered or environmentally protected object, container, launch canister, or other object or vehicle at the portal. The declaration shall state whether or not such an object is an item of continuous monitoring, or whether or not such an object, container, launch canister, or vehicle contains an item of continuous monitoring and the estimated time of its arrival at the portal. If such an object is an item of continuous monitoring or if a container, launch canister, or vehicle contains an item of continuous monitoring, a member of the in-country escort shall specify in writing the numbers, types, and, if applicable, variants of types of items of continuous monitoring. More than one item of continuous monitoring may be transported in a vehicle, but only one item of continuous monitoring may be transported in each container or in each launch canister.

3. Monitors shall have the right to read the data from the unique identifier on each launch canister declared to contain an ICBM for mobile launchers of ICBMs if such ICBMs are maintained, stored, and transported in launch canisters, or on each first stage of an ICBM for mobile launchers of ICBMs if such ICBMs are maintained, stored, and transported as assembled missiles without launch canisters or in stages.

4. For a vehicle that is exiting from the monitored facility and that is declared to contain an item of continuous monitoring, a member of the in-country escort shall demonstrate to the satisfaction of monitors that the vehicle contains one or more items of continuous monitoring, of the number, type, and, if applicable, variant of the type declared. For this purpose, monitors shall have the right to view the interior of such a vehicle or the open bed of the vehicle. If, by viewing, monitors confirm that the interior of the vehicle or the open bed of the vehicle contains a covered or environmentally protected object, container, launch canister, or an item of continuous monitoring that is outside a container or launch canister and that is not covered or environmentally protected, monitors shall have the right to carry out procedures provided for in paragraph 5, 6, 7, or 8 of this Annex. If inside such a vehicle there is a partitioned enclosed space that is declared by a member of the in-country escort not to contain an item of continuous monitoring, monitors shall have the right to carry out procedures provided for in subparagraph 9(b) of this Annex. After completion of those procedures, the vehicle may leave the monitored facility.

5. For a covered or environmentally protected object exiting from the monitored facility that is declared to be an item of continuous monitoring, a member of the in-country escort shall demonstrate to the satisfaction of monitors that such an object is an item of continuous monitoring of the declared type, and if applicable, variant of the type. A member of the in-country escort shall partially or, if necessary, completely remove the cover or environmental protection. If after partial or complete removal of such a cover or environmental protection, monitors confirm by viewing that the object is an item of continuous monitoring of the declared type, and if applicable, variant of the type, monitors shall have the right to carry out procedures provided for in paragraph 8 of this Annex. If after partial or complete removal of such a cover or environmental protection, monitors confirm by viewing that the object is a container or launch canister, monitors shall have the right to carry out procedures provided for in paragraph 6 or 7 of this Annex.

6. For a container that is exiting from the monitored facility and that is declared to contain an item of continuous monitoring, a member of the in-country escort shall demonstrate to the satisfaction of monitors that such a container contains the item of continuous monitoring of the declared type and, if applicable, variant of the type. Monitors shall have the right to view the interior of such a container. If by viewing the interior of the container, monitors are unable to confirm the number, type, and, if applicable, variant of the type of the item of continuous monitoring that is contained therein, a member of the in-country escort shall remove such an item from the container. In that event, monitors shall have the right to carry out the procedures provided for in paragraph 8 of this Annex.

7. For a launch canister exiting from the monitored facility that is declared to contain an item of continuous monitoring, a member of the in-country escort shall demonstrate to the satisfaction of monitors that the launch canister is a launch canister for an item of the declared type. Monitors shall have the right to view such a launch canister and, at locations on the launch canister designated by a member of the in-country escort, make measurements of the dimensions of the launch canister to confirm that those dimensions correspond to the dimensions specified for an item of the declared type. Upon completion of the viewing and measurements, the launch canister shall not be subject to further inspection.

8. For an item of continuous monitoring that is exiting from the monitored facility and that is outside a container or launch canister and that is not covered or environmentally protected, monitors shall have the right to confirm the type and, if applicable, variant of the type of the declared item of continuous monitoring by external viewing and by measurement of its dimensions at locations on the item of continuous monitoring designated by a member of the in-country escort. Upon completion of the viewing and measurements, the item of continuous monitoring shall not be subject to further inspection.

9. For a vehicle that is exiting from the monitored facility through the portal and that is not declared to contain an item of continuous monitoring, a member of the in-country escort shall demonstrate to the satisfaction of monitors that the vehicle does not contain an item of continuous monitoring. At the choice of a member of the in-country escort, monitors shall have the right to carry out one or more of the following procedures:

    (a) Make measurements of the dimensions of the enclosed space of the vehicle or the dimensions of the accesses into such a space:

      (i) If, by making such measurements, monitors confirm that the vehicle, by the dimensions of the enclosed space or the dimensions of the accesses into such a space, is not large enough to contain or is not accessible to an item of continuous monitoring, the vehicle shall not be subject to further inspection.

      (ii) If, by making such measurements, monitors confirm that the vehicle, by the dimensions of the enclosed space and the dimensions of the accesses into such a space, is large enough to contain and is accessible to an item of continuous monitoring, monitors shall have the right to carry out procedures provided for in subparagraph(c) or (d) of this paragraph.

    (b) Make measurements of the dimensions of a partitioned enclosed space within the vehicle or of the dimensions of the accesses into such a space:

      (i) If, by making such measurements, monitors confirm that the partitioned enclosed space within the vehicle, by its dimensions or by the dimensions of the accesses into such a space, is not large enough to contain or is not accessible to an item of continuous monitoring, the partitioned enclosed space within the vehicle shall not be subject to further inspection.

      (ii) If, by making such measurements, monitors confirm that the partitioned enclosed space within the vehicle, by its dimensions and by the dimensions of the accesses into such a space, is large enough to contain and is accessible to an item of continuous monitoring, monitors shall have the right to carry out procedures provided for in subparagraph(c) or (d) of this paragraph.

    (c) Weigh a vehicle with its contents:

      (i) If, by weighing, monitors confirm that the vehicle, by its gross weight, is not heavy enough to contain an item of continuous monitoring, the vehicle shall not be subject to further inspection.

      (ii) If, by weighing, monitors confirm that the vehicle, by its gross weight, is heavy enough to contain an item of continuous monitoring, monitors shall have the right to carry out procedures provided for in subparagraph (d) of this paragraph.

    (d) View the interior of the vehicle or the partitioned enclosed space within the vehicle, or the open bed of a vehicle, from a place designated by a member of the in-country escort. This place shall be designated in such a way as to allow the monitors to view the entire interior of the vehicle or the partitioned enclosed space within the vehicle, or the open bed of a vehicle:

      (i) If, by viewing, monitors confirm that the interior of the vehicle or partitioned enclosed space within the vehicle, or the open bed of a vehicle does not contain an item of continuous monitoring, a container, a launch canister, a covered or environmentally protected object, or an unidentified object, the vehicle or the partitioned enclosed space within the vehicle, or the open bed of a vehicle shall not be subject to further inspection.

      (ii) If, by viewing, monitors confirm that the interior of the vehicle or partitioned enclosed space within the vehicle, or the open bed of a vehicle contains a container, a launch canister, a covered or environmentally protected object, or an unidentified object, monitors shall have the right to carry out the procedures provided for in paragraph 10, 11, 12, or 13 of this Annex.

After monitors have completed the procedures to confirm the numbers, types, and if applicable, variants of types of items of continuous monitoring or to confirm the absence of an item of continuous monitoring, the vehicle and the containers, launch canisters, or other objects contained therein may leave the monitored facility.

10. For a container that is exiting from the monitored facility and that is not declared to contain an item of continuous monitoring, a member of the in-country escort shall demonstrate to the satisfaction of monitors that the container does not contain an item of continuous monitoring. At the choice of a member of the in-country escort, monitors shall have the right to carry out one or more of the following procedures:

    (a) Make measurements of the dimensions of the container:

      (i) If, by making such measurements monitors confirm that, by its dimensions, the container is not large enough to contain an item of continuous monitoring, the container shall not be subject to further inspection.

      (ii) If, by making such measurements monitors confirm that, by its dimensions, the container is large enough to contain an item of continuous monitoring, monitors shall have the right to carry out procedures provided for in subparagraph (b), (c), or (d) of this paragraph.

    (b) View the interior of the container after a member of the in-country escort has opened the container, and, as necessary, measure the dimensions of its contents:

      (i) If, by viewing the interior of the container and measuring the dimensions of its contents, monitors confirm that the container does not contain an item of continuous monitoring, the container shall not be subject to further inspection.

      (ii) If, by viewing the interior of the container and measuring the dimensions of its contents, monitors are unable to confirm that the contents of the container are not an item of continuous monitoring, monitors shall have the right to carry out procedures provided for in subparagraph(c) or (d) of this paragraph.

    (c) View the contents of the container, after a member of the in-country escort has removed the contents from the container:

      (i) If, by viewing the contents of the container, monitors confirm that the contents of the container are not an item of continuous monitoring, the container shall not be subject to further inspection.

      (ii) If, by viewing the contents of the container, monitors are unable to confirm that the contents of the container are not an item of continuous monitoring, monitors shall have the right to carry out procedures provided for in paragraph 13 of this Annex.

    (d) Image the contents of the container using non-damaging imaging equipment. If non-damaging imaging equipment has not been installed, and the inspected Party prefers that the contents of a container be imaged, the inspected Party shall notify the inspecting Party no less than six months in advance of the planned exit of such a container, of the planned exit thereof.

11. For a launch canister that is exiting from the monitored facility and that is declared not to contain an item of continuous monitoring, a member of the in-country escort shall demonstrate to the satisfaction of monitors that the launch canister does not contain an item of continuous monitoring. At the choice of a member of the in-country escort, monitors shall have the right to carry out one or more of the following procedures:

    (a) View the interior of the launch canister after a member of the in-country escort has opened the launch canister by removing at least one of the end caps of the launch canister and, as necessary, measure the dimensions of its contents:

      (i) If, by viewing the interior of the launch canister and measuring the dimensions of its contents, monitors confirm that the launch canister does not contain an item of continuous monitoring, the launch canister shall not be subject to further inspection.

      (ii) If, by viewing the interior of the launch canister and measuring the dimensions of its contents, monitors are unable to confirm that the contents of the launch canister are not an item of continuous monitoring, monitors shall have the right to carry out procedures provided for in subparagraph (b) or (c) of this paragraph.

    (b) View the contents of the launch canister, after a member of the in-country escort has removed the contents from the launch canister:

      (i) If, by viewing the contents of the launch canister, monitors confirm that the contents of the launch canister are not an item of continuous monitoring, the launch canister shall not be subject to further inspection.

      (ii) If, by viewing the contents of the launch canister, monitors are unable to confirm that the contents of the launch canister are not an item of continuous monitoring, monitors shall have the right to carry out procedures provided for in paragraph 13 of this Annex.

    (c) Image the contents of the launch canister using non-damaging imaging equipment. If non-damaging imaging equipment has not been installed, and the inspected Party prefers that the contents of a launch canister be imaged, the inspected Party shall notify the inspecting Party, no less than six months in advance of the planned exit of such a launch canister, of the planned exit thereof.

12. For a covered or environmentally protected object that is exiting from the monitored facility and that is not declared to be an item of continuous monitoring, a member of the in-country escort shall demonstrate to the satisfaction of monitors that the object is not an item of continuous monitoring. At the choice of a member of the in-country escort, monitors shall have the right to carry out one or more of the following procedures:

    (a) View the covered or environmentally protected object from a place designated by a member of the in-country escort after a member of the in-country escort has partially or, if necessary, completely removed the cover or environmental protection:

      (i) If, by viewing, monitors confirm that the object is not an item of continuous monitoring, a container, or a launch canister, that object shall not be subject to further inspection.

      (ii) If, by viewing, monitors are unable to confirm that the object is not an item of continuous monitoring, monitors shall have the right to carry out procedures provided for in paragraph 13 of this Annex.

      (iii) If, by viewing, monitors confirm that the object is a container or a launch canister, monitors shall have the right to carry out the procedures provided for in paragraph 10 or 11 of this Annex.

    (b) Measure the dimensions of the covered or environmentally protected object:

      (i) If, by making such measurements, monitors confirm that the object is not large enough to contain or to be an item of continuous monitoring, that object shall not be subject to further inspection.

      (ii) If, by making such measurements, monitors confirm that the object is large enough to contain or to be an item of continuous monitoring, monitors shall have the right to carry out the procedures provided for in subparagraph (a) of this paragraph.

13. For an object that is outside a container or launch canister and that is not covered or environmentally protected, monitors shall have the right to confirm by external viewing and by making measurements of its dimensions, at locations on the object designated by a member of the in-country escort, that the object is not an item of continuous monitoring.

14. For a vehicle that is exiting from the monitored facility through a road exit, monitors shall have the right to make measurements of any such vehicle to determine whether it is large enough to contain an item of continuous monitoring. Those measurements shall be made in such a way as to minimize the delay of vehicles exiting from the facility. Vehicles large enough to contain an item of continuous monitoring shall proceed to the portal. Vehicles that are not large enough to contain an item of continuous monitoring shall not be subject to further inspection and may leave the monitored facility.

15. At monitored facilities where ICBMs for mobile launchers of ICBMs with multiple independently targetable reentry vehicles are produced, monitors shall have the right, no more than five times each year, to inspect containers or vehicles to confirm that no solid rocket motors for the first stages of ICBMs for mobile launchers of ICBMs, with nozzles attached, exit the monitored facility. In such cases, the size criteria as defined in paragraph 25 of Section VI of this Protocol shall be used in carrying out the inspection procedures for containers and vehicles. For the purposes of these inspections, monitors shall have the right to request a member of the in-country escort to direct a vehicle that is large enough to contain a solid rocket motor for the first stage of an ICBM for mobile launchers of ICBMs, with a nozzle attached, to proceed to the portal. Monitors shall have the right to carry out the inspection procedures provided for in paragraph 9 or 10 of this Annex.

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