MEMORANDUM OF UNDERSTANDING
RELATING TO THE TREATY BETWEEN THE UNITED STATES
OF AMERICA AND THE UNION OF SOVIET SOCIALIST REPUBLICS
ON THE LIMITATION OF ANTI-BALLISTIC MISSILE SYSTEMS
OF MAY 26, 1972
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The United States of America, and the Republic of Belarus,
the Republic of Kazakhstan, the Russian Federation and
Ukraine, hereinafter referred to for purposes of this
Memorandum as the Union of Soviet Socialist Republics
(USSR) Successor States,
Recognizing the importance of preserving the viability
of the Treaty Between the United States of America and
the Union of Soviet Socialist Republics on the Limitation
of Anti-Ballistic Missile Systems of May 26, 1972, hereinafter
referred to as the Treaty, with the aim of maintaining
strategic stability,
Recognizing the changes in the political situation resulting
from the establishment of new independent states on the
territory of the former USSR,
Have, in connection with the Treaty, agreed as follows:
ARTICLE I
The United States of America, the Republic of Belarus,
the Republic of Kazakhstan, the Russian Federation, and
Ukraine, upon entry into force of this Memorandum, shall
constitute the Parties to the Treaty.
ARTICLE II
The USSR Successor States shall assume the rights and
obligations of the former USSR under the Treaty and its
associated documents.
ARTICLE III
Each USSR Successor State shall implement the provisions
of the Treaty with regard to its territory and with regard
to its activities, wherever such activities are carried
out by that State, independently or in cooperation with
any other State.
ARTICLE IV
For purposes of Treaty implementation:
- the term "Union of Soviet Socialist Republics"
shall mean the USSR Successor States;
- the terms "national territory" and "territory
of its country" when used to refer to the former
USSR shall mean the combined national territories of
the USSR Successor States, and the term "periphery
of its national territory" when used to refer to
the former USSR shall mean the periphery of the combined
national territories of those States; and
- the term "capital"
when used to refer
to the capital of the Union of Soviet Socialist Republics
in Article III of the Treaty and the Protocol thereto
of July 3, 1974, shall continue to mean the city of
Moscow.
ARTICLE V
A USSR Successor State or Successor States may continue
to use any facility that is subject to the provisions
of the Treaty and that is currently located on the
territory of any State that is not a party to the
Treaty, with the consent of such State, and provided
that the use of such facility shall remain consistent
with the provisions of the Treaty.
ARTICLE VI
The USSR Successor States shall collectively be
limited at any one time to a single anti-ballistic
missile (ABM) system deployment area and to a total
of no more than fifteen ABM launchers at ABM test
ranges, in accordance with the provisions of the Treaty
and its associated documents, including the Protocols
of July 3, 1974.
ARTICLE VII
The obligations contained in Article IX of the Treaty
and Agreed Statement "G" Regarding the Treaty
shall not apply to transfers between or among the
USSR Successor States.
ARTICLE VIII
The Standing Consultative Commission, hereinafter
referred to as the Commission, shall function in the
manner provided for by the Treaty and the Memorandum
of Understanding Between the Government of the United
States of America and the Government of the Union
of Soviet Socialist Republics Regarding the Establishment
of a Standing Consultative Commission of December
21, 1972, as well as by the Regulations of the Commission,
which shall reflect the multilateral character of
the Treaty and the equal legal status of the Parties
in reaching decisions in the Commission.
ARTICLE IX
- This Memorandum shall be subject to ratification
or approval by the signatory States, in accordance
with the constitutional procedures of those States.
- The functions of the depository of this Memorandum
shall be exercised by the Government of the United
States of America.
- This Memorandum shall enter into force on the
date when the Governments of all the signatory States
have deposited instruments of ratification or approval
of this Memorandum and shall remain in force so
long as the Treaty remains in force.
- Each State that has ratified or approved this
Memorandum shall also be bound by the provisions
of the First Agreed Statement of September 26, 1997,
Relating to the Treaty Between the United States
of America and the Union of Soviet Socialist Republics
on the Limitations of Anti-Ballistic Missile Systems
of May 26, 1972, and the Second Agreed Statement
of September 26, 1997, Relating to the Treaty Between
the United States of America and the Union of Soviet
Socialist Republics on the Limitation of Anti-Ballistic
Missile Systems of May 26, 1972.
DONE at New York City on September 26, 1997, in five
copies, each in the English and Russian languages,
both texts being equally authentic.
FOR THE UNITED STATES OF AMERICA:
FOR THE REPUBLIC OF BELARUS:
FOR THE REPUBLIC OF KAZAKHSTAN:
FOR THE RUSSIAN FEDERATION:
FOR UKRAINE:
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Madeleine Albright
I. Antonovich
K. Tokayev
Y. Primakov
H. Udorenko
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