Legislation on foreign relations through 1977

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Title:
Legislation on foreign relations through 1977
Physical Description:
3 v. : ; 24 cm.
Language:
English
Creator:
United States
Nowels, Larry
United States -- Congress. -- Senate. -- Committee on Foreign Relations
United States -- Congress. -- House. -- Committee on International Relations
Publisher:
U.S. Govt. Print. Off.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Foreign relations -- Law and legislation -- United States   ( lcsh )
Genre:
bibliography   ( marcgt )
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Bibliography:
Includes bibliographical references and indexes.
General Note:
At head of title: Committee on International Relations, Committee on Foreign Relations.
General Note:
Prepared by Larry Nowels.
General Note:
"Joint committee print."
General Note:
Issued Feb. 1978.
Statement of Responsibility:
U.S. House of Representatives, U.S. Senate.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 026336412
oclc - 14004866
System ID:
AA00024893:00003

Full Text








COMMITTEE ON INTERNATIONAL RELATIONS
COMMITTEE ON FOREIGN RELATIONS









Legislation on



Foreign Relations



Throu gh 1977









JOINT COMMITTEE PRINT FEBRUARY 1978



TREATIES AND RELATED MATERIAL VOLUME III



U.S. HOUSE OF REPRESENTATIVES U.S. SENATE

Printed for the use of the Committees on International Relations and Foreign
Relations of the House of Representatives and the Senate respectively

U.S. GOVERNMENT PRINTING OFFICE
20-M0 WASHINGTON : 1978

For sale by the Superintendont of Documents, U.S. Government Printing Office Washington, D.C. 20402

















COMMITTEE ON INTERNATIONAL RELATIONS
CLEMENT J. ZABLOCKI, Wisconsin, Chairman
L. H. FOUNTAIN, North Carolina WILLIAM S. BROOMFIELD, Michigan DANTE B. FASCELL, Florida EDWARD J. DERWINSKI, Illinois
CHARLES C. DIGGS, JR., Michigan PAUL FINDLEY, Illinois ROBERT N. C. NIX, Pennsylvania JOHN H. BUCHANAN, JR., Alabama DONALD M. FRASER, Minnesota J. HERBERT BURKE, Florida
BENJAMIN S. ROSENTHAL, New York CHARLES W. WHALEN, JR., Ohio LEE H. HAMILTON, Indiana LARRY WINN, JR., Kansas
LESTER L. WOLFF, New York BENJAMIN A. GILMAN, New York
JONATHAN B. BINGHAM, New York TENNYSON GUYER, Ohio GUS YATRON, Pennsylvania ROBERT J. LAGOMARSINO, California
MICHAEL HARRINGTON, Massachusetts WILLIAM F. GOODLING; Pennsylvania LEO J. RYAN, California SHIRLEY N. PETTIS, California
CARDISS COLLINS, Illinois STEPHEN J. SOLARZ, New York HELEN S. MEYNER, New Jersey DON BONKER, Washington GERRY E. STUDDS, Massachusetts ANDY IRELAND, Florida DONALD J. PEASE, Ohio ANTHONY C. BEILENSON, California WYCHE FOWLER, JR., Georgia E (KIKA) DE LA GARZA, Texas GEORGE E. DANIELSON, California JOHN J. CAVANAUGH, Nebraska JOHN J. BRADY, Jr., Chief of Staff


COMMITTEE ON FOREIGN RELATIONS
JOHN SPARKMAN, Alabama, Chairman FRANK CHURCH, Idaho CLIFFORD P. CASE, New Jersey
CLAIBORNE PELL, Rhode Island JACOB K. JAVITS, New York
GEORGE S. McGOVERN, South Dakota JAMES B. PEARSON, Kansas DICK CLARK, Iowa CHARLES H. PERCY, Illinois
JOSEPH R. BIDEN, JR., Delaware ROBERT P. GRIFFIN, Michigan JOHN GLENN, Ohio HOWARD H. BAKER, Ja., Tennessee
RICHARD STONE, Florida PAUL S. SARBANES, Maryland MURIEL HUMPHREY, Minnesota NORVILL JONZs,. Chief of Staff
(Ux)










FOREWORD


This volume of treaties and related material is part of a three volume set of laws and related material frequently referred to by the Committees on International Relations of the House of Representatives and Foreign Relations of the Senate, amended to date and annotated to show pertinent history or cross references.
Volumes I and II contain legislation and related material and will be republished with amendments and additions at the end of each annual session of Congress. Volume III which contains treaties and related material will not be revised every year, but only as required. Interim change-s or additions involving treaties and related material will be included in Volume 11, during those years when Volume III is not revised.
This year the compilation was prepared by Lairry Nowels of the Foreign Affairs and National Defense Division of the Congressional Research Service of the Library of Congress-.
CLEMENT J. ZABLOCKI,
0,omrnrnt tee on Lnterna tional Relations.
JTOHN SPARKMAN,
(Coramrnittee on Foreign Relation8.























Digitized by the Internet Archive in 2013

















http://archive.org/details/legislationonforOOunit-1










EXPLANATORY NOTE


All treaties included in this volume, except as noted below, are currently in force. The texts of the treaties have been codified. with footnoting, to show them in amended form. Treaties included in the volume but not presently in force for the United States are the Convention Relating to the Status of Refugees on page 146. the Treaty for the Prohibition of Nuclear Weapons in Latin America with Additional Protocol on page 848. the U.N. Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons on page 296, and the Interim Agreeitent on ('ertaiin Measires With Respect to the Limitatiol of ~tf 'rat "(ic Ot'en ie Ais on page 48.
In addition. Reorganization Plan No. 2 of 1977 (creating tHie Iinternational ('onimmunication Agency P page 1(;6) llas not yet enltereld into force but is expected to becomlie effective by JJuly 1. 197s. All other material in this volume is iM force as of Januarv 1. 1978.
(V)












ABBREVIATIONS


Bevans--------------- Treaties and Other International Agreements of the United States of America, 1776-1949, compiled under the direction of Charles I. Bevans. CFR----------------- Code of Federal Regulations.
EAS----------------- Executive Agreement Series.
F.R.------------------ Federal Register.
ILNTS ---------------- League of Nations Treaty Series.
I Malloy, II Malloy------ Treaties, Conventions, International Acts, Protocols, and Agreements Between the United States of America and Other Powers, 1776-1909, compiled under the direction of the United States Senate by Wilfliam, M. Malloy. Stat ------------------ United States Statutes at Large.
TIAS---------------- Treaties and Other International Acts
Series.
TS ------------------ Treaty Series.
UNTS ---------------- United Nations Treaty Series.
U.S.C.----------------- United States Code.
UST ------------------ United States Treaties and Other International Agreements.
(VI)















CONTENTS

page
FOREWORD III
EXPLANATORY NOTE V


A. FOREIGN ASSISTANCE (See Volume 1):
B. AGRICULTURAL 3
1. Agreement Establishing the International Fund for Agricultural Development -------------------------------------------------------- 5
C. THE PEACE CORPS (See Volume I):
D. ARMS CONTROL AND DISARMAMENT---------------------- 29
1. Treaties and Agreements ----------------------------------------- 31

E. DEPARTMENT OF 87
1. State Department Procedure on Treaties and Other International Agreements (partial text of circular 175) ------------------- 89
2. Organization and Administration ---------------------------------- 104
3. Passport Regulations -------------------------------------------- 109
4. Regulations of the Secretary of State (Acceptance of Gifts and Decorations from Foreign Governments) --------------------------------------- 138
5. Migration and Refugee Assistance --------------------------------- 141
F. INFORMATION AND EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS ------------------------------------- 163
I United States Information and Educational Exchange Related Materials --------------------------------------------------------- 165
2. Exchange of Materials and Objects -------------------------------- 171
G. FOREIGN ECONOMIC POLICY: TARIFF AND TRADE LAWS- 185
1. Presidential Proclamation 4369 (Agreement on Trade Between the
United States of America and the Socialist Republic of Romania) ---- 187 2. The General Agreement on Tariffs and Trade ----------------------- 189
3. International Wheat Agreement ----------------------------------- 265
H. FINANCIAL INSTITUTIONS ----------------------------------- 291
1. International Monetary Fund ------------------------------------ 293
2. International Bank for Reconstruction and Development (Amended
Articles of Agreement) ----------------------------------------- 381
3. International Finance Corporation (Amended Articles of Agreement) - 405
4. Inter-American Development Bank (Amended Agreement Establishing
the Bank) ---------------------------------------------------- 421
5. International Development Association (Articles of Agreement) ------- 457 6. Asian Development Bank (Articles of Agreement) ------------------- 477
7. African Development Fund (Agreement Establishing the Fund) ------ 509 8. Settlement of Investment Disputes -------------------------------- 536
(VII)






viii

Page
I. ENERGY AND NATURAL RESOURCES ------------------------- 555
1. Agreement on an International Energy Program -------------------- 557
J. UNITED NiTIONS AND OTHER INTERNATIONAL ORGANIZA.
TIONS ------------------------------------------------------ 581
1. Charter of the United Nations (amended) --------------------------- 583
2. Statute of the International Court of Justice ------------------------- 607
3. Agreement Between the United Nations and the United States Regarding the Headquarters of the United Nations (amended) 620
4. Convention on Privileges and Immunities of the United Nations (with
reservation) -------------------------------------------------- 632
5. Rhodesia Resolution (Security Council Resolution 253) --------------- 640
6. Acts of Terrorism and Crimes Against Internationally Protected Persons --------------------------------------------------------- 644
K. WAR POWERS, COLLECTIVE SECURITY TREATIES, AND RE.
LATED MATERIAL ----------------------------------------- 653
1. Presidential Proclamation 2914 (Proclaiming the Existence of a National Emergency) ------------------------------------- I ------ 655
2. Latin America ------------------------------------------------- 657
3. North Atlantic Treaty (amended) -------------------------------- 714
4. 'Mutual Defense Treaty Between the United States of America and the
Republic of the Philippines ------------------------------------ 718
5. Security Treaty Between Australia, New Zealand, and the United
States of America -------------------------------------------- 720
6. Mutual Defense Treaty Between the United States of America and the
Republic of Korea (with understanding) ------------------------ 723
7. Southeast Asia Collective Defense Treaty and Protocol Thereto (with
understanding) ---------------------------------------------- 725
8. Mutual Defense Treaty Between the United States of America and the
Republic of China ------------------------------------------- 729
9. Treaty of _Nlutual Cooperation and Security Between the United States
of America and Japan ----------------------------------------- 733
10. Treaty of Friendship and Cooperation with Spain ------------ I ------- 740
11. Middle East Resolutions ---------------------------------------- 766
L. LAW OF THE SEAS AND SELECTED MARITIME LEGISLATION- 769
1. Law of the Seas ------------------------------------------------- 771
M. AVIATION AND SPACE --------------------------------------- 799
1. Convention for the Suppression of Unlawful Seizure of Aircraft --------- 801 2. Treaty on Outer Space ------------------------------------------- 806
3. Astronaut Assistance and Return Agreement ------------------------ 812
4. Convention on International Liability for Damage Caused by Space
Objects ------------------------------------------------------ 816
INDEX ---------------------------------------------------------- 825



























A. FOREIGN ASSISTANCE
See Volume I for All Material)




































B. AGRICULTURAL COMMODITIES

CONTENTS
Page
1. Agreement Establishing the International Fund for Agricultural Development -----------------------------------------------(3)















1. Agreement Establishing the International Fund for Agricultural Development I
Done at Rome June 13, 1976; Signed by the President August 15, 1977; Instrument of acceptance deposited October 4, 1977; Entered into force N ovember 30, 1977

PREAMBLE
Recognizing that the continuing food problem of the world is afflicting a large segment of thie people of the developing countries and is jeopardizing the most fundamental prIiniciples and values associated with the right to life and human dignity:
Considering the need to improve the conditions of life in the developing countries and to promote socio-economic development within the context of the priorities and objectives of the developing countries. giving due regard to both economic and social benefits:
Rearing in mind the responsibility of the Food andl Agriculture Organization of the Initedf Nations within the United Nations system, to assist the efforts of developing countries to increase food and agricultural production, as well as that organizat ion's technical coipetence and experience in this field;
Cortsdaus of the goals and objectives of the International Development Stratesry for the Second l-nitedl Nations IDevelopment Decade and especially the need to spread, the benefits of assistance to all;
Rearing in mind paragraph (f) of part 2 ("'Food") of Section I of General Assembly resolution 3202 (S-VI) on the Programme of Action on the Establishment of a "New International Economic Order:,
Rearing in mind also the need for effecting transfer of technology for food and agricultural development and Section V ("Food and Azriculture") of General Assembly resolution 3362 (S-VII) on dievelopment and international econ~nmic co-operation, with particular reference to paragraph 6 thereof regarding the establishment of an International Fund for Agricultural Development:
Recalling paragraph 13 of General Assembly resolution 3348 (XXTX) and resolutions I and 11 of the World Food Conference on the objectives and strategies of food production and on the priorities for agricultural and rural development:
Recalling resolution XIII of the W orld Food Conference which recognized:
(i) the need for a substantial increase in investment in agriculture, for increasing food and agricultural production in the developing countries;
(ii) that provision of an adequate supply and proper utilization
of food are the common responsibility of all members of the international community; and
(iii) that the prospects of the world food situation call for
urgent and co-ordinated measures by all countries;
1TIAS 8765.






6
and which resolved:.
that an International Fund for Agricultural Development should be established immediately to finance agricultural development projects primarily for food production in the developing countries;
The Contracting Partie8have agreed to establish the International Fund for Agricultural Development, which shall be governed by the following provisions:
ARTicLE 1
DEFINITIONS
For the purposes of this Agreement the terms set out below shall have the following meaning, unless the context otherwise requires:
(a) "Fund" shall mean the International Fund for Agricultural Development;
(b) "food prodiletion" shall mean the production of food including the development of fisheries and livestock;
(c) "State"shall mean any State, or any group ing of States eligible for membership of the Fund in accordance with' Section 1 (b) of Article 3;
(d) "freely convertible currency" shall mean:
(i) currency of a Member which the Fund determines, after consultation with the International Monetary Fund, is adequately convertible into the currencies of other Members for the purposes
of the Fund's operations; or
(ii) currency of a Member which such Member agrees, on terms
satisfactory to the Fund, to exchange for the currencies of other
Members for the purposes of the Fund's operations.
"Currency of a Member" shall, in respect of a Member that is a grouping of States, mean the currency of any member of such grouping;
(e) "Governor" shall mean a person whom a Member has designated as its principal representative at a session of the Governing Council;
(f ) "votes cast," shall mean affirmative and negative votes.

ARTIcLE 2
OBJECTIVE AND FUNCTIONS
The objective of the Fund shall be to mobilize additional resources to be made available on confessional terms for agricultural development in developing Member States. In fulfilling this objective the Fund shall provide financing primarily for projects and programmes specifically designed to introduce, expand or improve food produetion systems and I to strengthen related policies and institutions within the framework of national priorities and strategies, taking into consideration: the need to increase food production in the poorest food deficit countries; the potential for increasing food production in other developing countries; and the importance of improving the nutritional level of the poorest populations in developing countries and the conditions of their lives.






7

ARTICLE 3

MEMBERSHIP
Section 1-Eligibility for membership
(a) Membership of the Fund shall be open to any State member of the United Nations or of any of its specialized agencies, or of the International Atomic Energy Agency.
(b) Membership shall also be open to any grouping of States whose members have delegated to it powers in fields falling within the competence of the Fund. and which is able to fulfill all the obligations of a Member of the Fund.
Section S-Oruiial 3 (a) Original Members of the Fund shall be those States listed in Schedule I, which forms an integral part of this Agreement. that become parties to this Agreement in accordance with Section 1 (b) of Article 13.
(b) Non-original Members of the Fund shall be those other States that, after approval of their membership by the Governing Council, become parties to this Agreement in accordance with Section 1 (c) of Article 13.
Sect ion 3-fClacsiflation of Members
(a) Original Members shall be classified in one of three categories: 1. II or III as set forth in Schedule I to this Agreement. Non-original Members shall be classified by the Governing Council, by a two-thirds majority of the total numlbe'r of votes, with the concurrence of such Nfembers, at the time of the approval of their membership.
(b) The classification of a Member may be altered by the Governing Council, by a two-thirds majority of the total number of votes, with the concurrence of that Member. Section 4-Limitation of Iability
No Member shall be liable, by reason of its membership, for acts or obligations of the Fund.

ARTICLE 4

RESOURCES
Section 1-Resurees of the Fund
The resources of the Fund shall consist of:
(i) initial contributions;
(ii) additional contributions;
(iii) special contributions from non-member States and from
other sources;
(iv) funds derived from operations or otherwise accruing to
the Fund.
Reaction 2-Jnitia cotntributioins.
(a) Each original Member in category I or II shall, and any original Member in category ITTII may, contribute to the initial resources of the Fund the amount expressed in the currency specified in the






8

instrument of ratification, acceptance, approval or accession deposited by that State pursuant to Section 1 (b) of Article 13.
(b) Each non-original Member in category I or 11 shall, and any non-original Member in category III may, contribute to the initial resources of the Fund an amount agreed between the Governing Council and that Member at the time of the approval of its membership.
(c) The initial contribution of each Member shall be due and payable in the forms set forth in Section 5 (b) and (c) of this Article, either in a single sum or, at the option of the Member, in three equal annual instalments. The single sum or the first annual instalment shall be due on the thirtieth day after this Agreement enters into force with respect to that Member; and secondhand third instalments shall be due on the first and on the second anniversary of the date on which the first instalment was due.
Section 3-Additi nal conhibution8
In order to assure continuity in the operations of the Fund, the Governing Council shall periodically, at such intervals as it deems appropriate, review the adequacy of the resources available to the Fund; the first such review shall take place not later than three years after the Fund commences operations. If the Governing Council, as a result of such a review, deems it necessary or desirable, it may invite Members to make additional contributions to the resources of the Fund on terms and conditions consistent with Section 5 of this Article. Decisions under this Section shall be taken by a two-thirds majority of the total number of votes. Section 4-Increa8e8 in contribution
The Governing Council may authorize, at any time, a Member to increase the amount of any of its contributions. Section 5-Conditiov-3 governIng contributions
(a) Contributions shall be made without restrictions as to use and shall be refunded to contributing Members only in accordance with Section 4 of Article 9.
(b) Contributions shall be made in freely convertible currencies except that Members in category III may pay contributions in their own currenev whether or not it is freely convertible.
(c) Contributions to the Fund shall be made in cash or, to the extent that any part of such contributions is not needed immediately by the Fund in its operations, such part may be, paid in the form of non-negotiable, irrevocable, non-interest bearing promissory notes or obligations payable on demand. In order to finance its operations, the Fund shall draw down all contributions (regardless of the form in which they are made) as follows:
(i) contributions shall be drawn down on a pro rata basis over
reasonable periods of time as determined by the Executive Board
(ii) where a contribution is paid partly in cash, the part so paid
shall be drawn down, in accordance with paragraph (i), before the rest of the contribution. Except to the extent that the part paid in cash is thus drawn down, it may be deposited or invested by the Fund to produce income to help defray its administrative and
other expenditures;






9

(iii) all initial contributions, as well as any increases in them,
shall be drawn down before~ any additional contributions are drawn down. The same rule shall apply to further additional
contributions.
Section 6-Special con tributions
The resources of the Fund may be increased by special contributions from non-member States or other sources on such terms and conditions, consistent with Section 5 of this Article, as shall be approved by the Governing Council on the recommendation of the Executive Board.
ARTICLE 5

CURRENCIES
Section 1-Uge of currendies
(a) Members shall not maintain or impose any restriction on the holding or use by the Fund of freely convertible currencies.
(b) The currency of a Member in category III paid to the Fund on account of that Member's initial or additional contributions may be used by the Fund, in consultation with the Member concerned, for the payment of administrative expenditures and other costs of the Fund ini the territories of that Member, or. with the consent of that Member, for the payment of goods or services produced in its territories and required for activities financed by the Fund in other States. Section 2-Vauation of currencies
(a) The unit of account of the Fund shall be the Special Drawing Right of the International Monetary Fund.
(b) For the purposes of this Aareeiient. the value of a currency in terms of the Special Drawing Right shall be calculated in accordance with the method of valuation applied by the International Monetary Fund. provided that:
(i) in the case of the currency of a member of the International
Monetary Fund for which such value is not available on a, current basis, the value shall be calculated after consultation with the
]International Monetary Fund;
(ii) in the case of the currency of a non-member of the International Monetary Fund, the, value of the currency in terms of the Special Drawing .,Right Shall be calculated by the Fund on the basis of an appropriate exchange rate relationship between that currency and the currency of a member of the International Monetary Fund for which a value is calculated as specified above.

ARTICLE 6
ORGANIZATION AND MANAGEMENT
Section 1-,'trture o f the Fund
The Fund shall have: (a) A Governinp, Council; (b) an Executive Board; and (c) a President and such staff as shall be necessary' for the Fund to carry out its functions.




20-039 0 78 2






10

Section 2-The Governing Council
(a) Each Member shall be represented on the Governing Council and shall appoint one Governor and an alternate. An alternate may vote only in the absence of his principal.
(b) All the powers of the Fund shall be vested in the Governing Council.
(c) The Governingr Council may delegate any of its powers to the Executive Board with the exception of the power to:
(i) adopt amendments to this Agreement;
(ii) approve membership and determine the classification or
reclassification of Members ;
(iii) suspend a Member;
(iv) terminate the operations of the Fund and distribute its
assets;
(v) decide appeals from decisions made by the Executive Board
concerning the interpretation or application of this Agreement;
(vi) determine the remuneration of the President.
(d) The Governing Council shall hold an annual session, and such special sessions as it may decide, or as are called by Members having at least one fourth of the total number of votes in the Governing Council, or as requested by the Executive Board by a two-thirds majorityof the votes cast.
(e) The Governing Council inay by regulation establish a procedure whereby the Executive Board may obtain a vote of the Council on a specific question without calling a meeting of the Council.
(f) The Governing Council may, by a two-thirds majority of the total number of votes, adopt such regulations and by-laws not inconsistent with this Agreement as may be appropriate to conduct 'the business of the Fund.
(g) A quorum for any meeting of the Governin g Council shall be constituted by Governors exercising two-thirds of the total votes of all its members, provided that Governors exercisingr one halIf of 'the total votes of the Members in each of categories 1, 11 and III are present. Section 3-Voting in the Governing Council
(a) The total number of votes in the Governing Council shall be 1.800, distributed equally among categories 1, IT and ITT. The votes of each category shall be distributed among its members in accordance with the formula set out for that category in Schedule 11. which forms an integral part of this Agreement.(b) Except as otherwise specified in this Agreement, decisions of the Governing Council shall be taken by a simple majority of the total number of votes.
S ect jon 4-Chairman of the Governing Council
The Governing Council shall elect a Chairman from among the Governors, who shall serve for two years. Section 5-Executive Board
(a) The Executive Board shall be composed of 18 Members of the Fund, elected at the annual session of the Governing Council. The Governors from the Members of each category shall, in accord-






11

ance with procedures set out or established as provided in Schedule 11 for that category, elect six members of the Executive Board from among the Members in that. category, and may similarly elect (or, in respect of category 1, provide for the appointment of) up to six alternates. whlo may vote only in the absence, of a member.
(b 'Members of the Executive Board shall serve ,for a term of three years. However, unless -otherwise provided in or in accordance with Schedule II, at the first election two members in each category shall be designated to serve for one year, and two to serve for two years.
0c The Executive Board shall be responsible for the conduct of the general operations of the Fund, and for this purpose shall exercise the powers given to it by this Agreement or delegrated to it by the Governing Council.
(d) The Executive Board shall meet as often as the business of the Fund may require.
(e) The representatives of a meniber or of an alternate member of the Executive Board shall serve without remuneration from the Fund. However, the Governing Council may decide the basis on which reasonable travel and subsistence expenses may be granted to one such representative of each member and of each alternate member.
(f) A quorum for any meeting of the Executive Board shall be constituted by members exercising two thirds of the total votes of all its members, provided that. members exercising one half of the total votes of the members in each of categories 1, 11 and III are present. Section 6-Voting in the Executic Board
(a) The total number of votes in the Executive Board shall be 1,800, distributed equally among categories 1, 11 and III. The votes of each category shall be distributed among its members in accordance with the formula set out for that category in Schedule 11.
(b) Except as otherwise specifiedI in this Agreement. decisions of the Executive Board shall be taken by a majority of three fifths of the votes cast, provided that such majority is more than one half of the total number of votes of all members "of the Executive Board. Section 7--CAaimnan of the Executivce Board
The President of the Fund shall be the Chairman of the Executive Board and shall participate in its meetings without the right to vote. Section 8-President and staff
(a) The Governing Council shall appoint the President by a twothirds majority of the total number of votes. He shall be appointed for a term of three years and shall be eligible for reappointment for only one further term. The appointment of the President may be terminated by the Governing Council by a two-thirds majority of the total number of votes.
(b) The President may appoint a Vice-President, who shall perform such duties as shall be assigned to him by the President.
(c) The President shall head the staff and, under the control and direction of the Governi nt Council and the Executive Board. shall be responsible for eondiietincl the business of the Fund. The President






12

shall organize the staff and shall appoint and dismiss members of the staff in accordance with regulations adopted by the Executive Board.
(d) In the employment of the staff and in the determination of the conditions of service consideration shall be given to the necessity of securing the highest standards of efficiency, competence and integrity as well as to the importance of observing the criterion of equitable geographical distribution.
(e) The President and the staff, in the discharge of their functions, owe their duty exclusively to the Fund and shall neither seek nor receive instructions in regard to the discharge thereof from any authority external to the Fund. Each Member of the Fund shall respect the international character of this duty and shall refrain from any attempt to influence them in the discharge of their duties.
(.f) The President and the staff shall not interfere in the political affairs of any Member. Only development polic-y considerations shall be relevant to their decisions and these considerations shall be weighed impartially in order to achieve the objective for which the Fund was established.
(g) The President shall be the legal representative of the Fund.
(h) The President, or a representative designated by him, may participate, without the right to vote, in all meetings of the Governing Council.
Section 9-Seat of the Fund
The Governing Council shall determine the permanent seat of the Fund by a two-thirds majority of the total number of votes. The provisional seat of the Fund shall be in Rome. Section 10-A dministrative budget
The President shall -prepare an annual administrative budget which he shall submit to the Executive Board for transmission to the Governing Council for approval by a two-thirds majority of the total number of votes.
Section 11-Publication of reports and provision of information
The Fund shall publish an annual report containing an audited statement of its'accounts and, at appropriate intervals, a summary statement of its financial position and of the results of its operations. Copies of such reports. statements and other publications connected therewith shall be distributed to all Members.

ATimCLE 7

OPERATIONS
Section 1-Use of resources and conditions of financing
(a) The resources of the Fund shall be to achieve the objective specified in Article 2.
(b) Financine by the Fund shall be provided only to developing States that are Mem bers of the Fund or to intergovernmental organizations in which such Members participate. In the case of a loan to an intergovernmental organization, the Fund may require suitable governmental or other guarantees.






13

(c) The Fund shall make arrangements to ensure that the proceeds of any financing are. used only for the purposes for which the financing was provided, with due attention to considerations of economy, efficiency and social equity.
(d) In allocating its resources the Fund shall be guided -by the foblowing priorities:
(i) the need to increase food production and to improve the
nutritional level of the poorest populations in the poorest food
deficit countries;
(ii) the potential for increasing food production in other developing countries. Likewise, emphasis shall be placed on improving the nutritional level of the poorest populations in these countries and the conditions of their lives.
Within the framework of the above-mentioned priorities, eligibility for assistance shall be on the basis of objective economic and social criteria with special emphasis on the needs of the low income countries and their potential for increasing food production, as well as due regard to a fair geographic distribution in the use of such resources.
(e) Subject to the provisions of this Agreement, financing by the Fund shall be governed by broad policies, criteria and regulations laid down, from time to time, by the Governing Council by a two-thirds majority of the total number of votes. Section 2-Fomm and term & of fnancing
(a) Financing by the Fund shall take the form of loans and grants, which shall be provided on such terms as the Fund deems appropriate, having regard to the economic situation and prospects of the Member and to the nature and requirements of the activity concerned.
(b) The proportion of the Fund's resources to be committed in any financial year for financing operations in either of the forms referred to in subsection (a) shall be decided from time to time by the Executive Board with due regard to the long-term viability of the Fund and the need for continuity in its operations. The proportion of grants shall not normally exceed one-eighth of the resources committed in any financial year. A large proportion of the loans shall be provided on highly concessional terms.
(c) The. President shall submit projects and programmes to the Executive Board for consideration and approval. ?
(d) Decisions with regard to the selection and approval of projects and programmes shall be made by the Executive Board. Such decisions shall be made on the basis of the broad policies, criteria and regulations established by the Governing Council.
(e) For the appraisal of projects and programmes presented to it for financing, the Fund shall, as a general rule, use the services of international institutions awl may, where appropriate, use the services of other competent agencie specialized in this field. Such institutions and agencies shall be selected by the Executive Board after consultation with the recipient concerned and shall be directly responsible to the Fund in performing the appraisal.
(f) The loan agreement shall be concluded in each case by the Fund and the recipient, which shall be responsible for the execution of the project or programme concerned.






14

(g) The Fund shall entrust the administration of loans, for the purposes of the disbursement of the proceeds of the loan and the supervision of the implementation of the project or programme concerned, to competent international institutions. Such institutions shall be of a world-wide or regional character and shall be selected in each case with the approval of the recipient. Before submitting the loan to the Executive Board for approval, the Fund shall assure itself that the institution to be entrusted with the supervision agrees with the results of the -appraisal of the project or programme concerned. This shall be arranged between the Fund and the institution or agency in charge of the appraisal as well as with the institution to be entrusted with the supervision.
(h) For the purposes of subsections (f) and (g) above, references to "loans" shall be deemed to include "grants".
(i) The Fund may extend a line of credit to a national development agency to provide and administer suibloans, for the financing of projects and programmes within the terms of the loan agreement and the framework agreed to by the Fund. Before the Executive Board approves the extension of such a line of credit, the national development agency concerned and its programme shall be -appraised in accordance with the provisions of subsection (e). Implementation of the said programme shall be subject to supervision by the institutions selected in accordance with the provisions of subsection (g).
(j) The Executive Board shall adopt suitable regulations for procuring goods and services to be financed from the resources of the Fund. Such regulations shall, 1as a general rule, conform to the principles of international. competitive bidding and shall give appropriate preference to experts, technicians and supplies from developing countries.
Section 3-Miscellaneous operations
In addition to the operations specified elsewhere in this Agreement, the Fund may undertake such ancillary activities -and exercise such powers incidental to its operations as shall be necessary in furtherance of its objective.
ARTICLE 8

RELATIONS WITH THE UNITED NATIONS AND WITH OTHER ORGANIZATIONS, INSTITUTIONS AND AGENCIES
Section 1-Relations with the United Nations
The Fund shall1 enter into negotiations with the United Nations with a view to concluding an agreement to bring it into relationship with the United Nations as one of the specialized agencies referred to in Article 57 of the Charter of the United Nations. Any agreements concluded in accordance with Article 63 of the Charter require the approval of the Governing Council, by a two-thirds majority of the total number of votes, upon the recommendation of the Executive Board.
Section 2-Relations with other organizations, institutions, amd
agencies
The Fund shall cooperate closely with the Food and Agriculture Organization of the United Nations and other organizations of the






15

United Nations system. It shall also cooperate closely with other intergovernmental organizations, international financial institutions, nongovernmental organizations and governmental agencies concerned with agricultural development. To this end, the Fund will seek the collaboration in its activities of the Food and Agriculture Organization of the United Nations and the other bodies referred to above, and may enter into agreements or establish working arrangements with such bodies, as may be decided by the Executive Board.

ARTICLE 9
WITHDRAWAL, SUSPENSION OF MEMBERSHIP, TERMINATION OF OPERATIONS
Section 1-Withdrawal
(a) Except as provided in section 4(a) of this Article, a Member may withdraw from the Fund by depositing an instrument of denunciation of this Agreement with the Depositary.
(b) Withdrawal of a Member shall take effect on the date specified in its instrument of denunciation, but in no event less than six months after deposit of such instrument.
Section e-Supemnion of membership
(a) If a Member fails to fulfill any of its obligations to the Fund, the Governing Council may, by a three-fourths majority of the total number of votes, suspend its membership. The Member so suspended shall automatically cease to be a Member one year from the date of its suspension, unless the Council decides by the same majority of the'total number of votes to restore the Member to good standing.
(b) While under suspension, a Member shall not be entitled to exercise any rights under this Agreement except the right of withdrawal, but shall remain subject to all of its obligations. Section 3-Rights and duties of States ceasing to be Members
Whenever a State ceases to be a Member, whether by withdrawal or through the operation of Section 2 of this Article, it shall have no rights under this Agreement except as provided in this Section or in Section 2 of Article 11, but it shall remain liable for all financial obligations undertaken by it to the Fund, whether as Member, borrower or otherwise.
Section 4-Termination of operations and distribution of assets
(a) The Governing Council may terminate the Fund's operations by a three-fourths majority of the total number of votes. After such termination of operations the Fund shall forthwith cease all activities, except those incidental to the orderly realization and conservation of its assets and the settlement of its obligations. Until final settlement of such obligations and the distribution of such assets, the Fund shall remain in existence and all rights and obligations of the Fund and its Members under this Agreement shall continue unimpaired, except that no Member may be susDended or may withdraw.
(b) No distribution of assets shall be made to Members until all liabilities to creditors have been discharged or provided for. The Fund shall distribute its assets to contributing Members pro rata to the con-






16

tributions that each Member has made to the resources of the Fund. Such distribution shall be decided by the Governing Council by a threefourths majority of the total number of votes and shall be effected at such times, and in such currencies or other assets as the Governing Council shall deem fair and equitable.
ARTicLE 10
LEGAL STATUS PRIVILEGES AND IMMUNITIES
Section I-Legal statm
The Fund shall possess international legal personality. Section 2-Privileges and immunities
(a) The Fund shall enjoy in the territory of each of. its Members such privileges and immunities as are necessary for the exercise of its functions and for the fulfillment of its objective. Representatives of Members, the President and the staff of the Fund shall enjoy such privileges and immunities as are necessary for the independent exercise, of their functions -in connexion with the Fund.
(b) The privileges and immunities refeTred to in paragraph (a) shall:
(i) in the territory of any Member that has acceded to the Convention on the Privileges and Immunities of the Specialized Agencies in respect of the Fund, be as defined in the standard clauses of that Convention as modified by an annex thereto approved by the
Governing Council;
(ii) in the territory of any Member that has acceded to the Convention on the Privileges and Immunities of the Specialized Agencies only in respect of agencies other than the Fund, be as defined in the standard clauses.of that Convention, except if such Member notifies the Depositary that such clauses shall not apply to the Fund or shall apply subject to such modifications as may be specified in the notification;
(iii) be as defined in other agreements entered into by the Fund.
(c) In respect of a Member that is a grouping of States, it shall ensure that the privileges and immunities referred to in this Article are applied in the territories of all members of the grouping.

ARTIcLE 11
INTERPRETATION AND ARBITRATION
Section I-Interpretation
(a) Any question of interpretation or application of the provisions of this Agreement arising between any Member and the Fund or between Members of the Fund, shall be submitted to the Executive Board for decision. If the question particularly affects any Member of the Fund not represented on the Executive Board, that Member shall be entitled to be represented in accordance with regulations to be adopted by the Governing Council.
(b) Where the Executive Board has pnven a decision pursuant to subsection (a), any Member may require that the question be referred






17

to the Governing Council, whose decision shall be final. Pending the decision of the Governing Council. the Fund may, so far as it deems necessary, act on the basis of the decision of the Executive Board. ASectwon 2-A rbit ration
In the case of a dispute between the Fund and a State that has ceased to be a Member, or between the Fund and any Mfem-ber upon the termination of the operations of the Fund, such dispute shall be submitted to arbitration by a tribunal of three arbitrators. One of the arbitrators shall be appointed by the Fund, another by the Mem-ber or former. Member concerned and the two parties shall appoint the third arbitrator, who shall be the Chairman. If within 45 days of receipt of the request for arbitration either party has not appointed an arbitrator, or if within 30 days of the appointment of two arbitrators the third arbitrator has not been appointed, either party may request the President of the International Court of Justice, or such other authority as may have been prescribed by regulations adloptedl by the Governing Council, to appoint an arbitrator. The, procedure of the arbitration shall be fixed by the arbitrators, but the Chairman shall have full power to settle all questions of procedure in any case of disagreement with respect thereto. A majority vote of the arbitrators shall be sufficient to reach a decision. which shall be final and binding upon the parties.
ARTICLE 12

AMENDMENTS
(a) Except in respect of Schedule IT:
(i) Any proposal to amend this Ag-reemient made by a Member
or by the Executive Board shall be communicated to the President who shall notify all M-\embers. The President shall refer proposals to amend this Agreement made by a Member to the Executive Board, which shall submit. its recommendation thereon to the
Governing Council.
(ii) Amendments shall be adopted by the Governing Council
by a four-fifthis majority of the total num-ber of votes. Amendments shall enter into force three months after their adoption unless otherwise specified by the Governing Council. except that
any amendment modifying:
(A) the right to withdraw f roin the Fund;
(B) the voting majority requirements provided for in this
Agreement;
(C) the limitation on liability provided for in Section 4
of Article 3;
(D) the procedure for amending this Agreement;
shall not come into force until written acceptance of such amendment by all Members is received by the President.
(b) In respect of the several parts of Schedule IL, amendments shall be proposed and adopted as provided in such parts.
(c) The President shall immediately notify all Members and the Depositary of any amendments that are adopted and of the date of entry into force of any such amendments.






18

ARTICLE 13
FINAL CLAUSES
Section 1-Signature, ratification, acceptance, approval, and acce88iOn
(a) This Agreement may be initialled on behalf of the States listed in Schedule I to this Agreement at the United Nations Conference on the Establishment of the Fund and shall be open for signature at the Headquarters of the United Nations in New York by the States listed in that Schedule as soon as the initial contributions indicated therein to be made in freely convertible currencies amount to at least the equivalent of 1,000 million United States dollars (valued as of 10 June 1976). If the foregoing requirement has not been fulfilled by 30 September 1976 the Preparatory Commission established by that Conference shall convene by 31 January 1977 a meeting of the States listed in Schedule 1, which may by a two-thirds majority of each category reduce the above specified amount and may also establish other conditions for the opening of this Agreement for signature.
(b) Signatory States may become parties by depositing an instrument of ratification, acceptance or approval; non-signatory States listed in Schedule I may become parties by depositing an instrument of accession. Instruments of ratification, acceptance, approval and accession by States in category I or 11 shall specify the amount of the initial contribution the State undertakes to make. Signatures may be affixed and instruments of ratification, acceptance, approval or accession deposited by such States until one year after the entry into force of this Agreement..
(c) States listed in Schedule I that have not become parties to this Agreement within one year after its entry into force and States that are not so listed, may, after approval of their membership by the Governing Council, become parties by depositing an instrument of accession.
Section 2
(a) The Secret ary-General of the United Nations shall be the Depositary of this Agreement.
(b) The Depositary shall send notifications concerning this Agreement:
(i) until one year after its entry into force, to the States listed
in Schedule I to this Agreement, and after such entry into force to all States parties to this Agreement as well as to those approved
for membership by the Governing Council;
(ii) to the Preparatory Commission established by the United
Nations Conference on the Establishment of the Fund, as long as
it remains in existence, and thereafter to the President. A' eCtion 3-Entry into force
(a) This Agreement shall enter into force upon receipt by the Depositary of instruments of ratification, acceptance, approval or accession from at least 6 States in category'I, 6 States in category IT and 24 States in category 111, provided that such instruments have been deposited by States in categories I and IT the aggregate of whose initial contributions specified in such instruments amounts to at least the equivalent of 7,50 million United States dollars (valued as of 10 June







19

1976), and further provided that the foregoing requirements have been fulfilled within 18 months of the date on which this Agreement is opened for signature or by such later date as the States that have deposited such instruments by the end of that period may deci de, by a two-thirds majority of each category, and as they notify to the Depositary.
(b) For States that deposit an instrument, of ratification, acceptance, approval or accession subsequent to the entry into force of this Agreement, it shall enter into force on the date of such deposit.
Section 4-Reservations
Reservations may only be made to Section 2 of Article 11 of this Agreement.
A"Section 5-A uthoitat?'e texts8
The versions of this Agreement in the Arabic, English, French and Spanish languages shall eachi be equally authoritative.

IN WITNESS WHEREOF, the undersigned being duly authorized thereto, have signed this Agreement in a single original in the Arabic, English, French and Spanishi languages.

SCHEDULE I
Category I Nigeria Liberia
AsrlaQatar M ali
Austraia Saudi Arabia 'Malta
Aulgrum United Arab Emirates M.Nexico
Belgium Venezuela 'Morocco
Denmark Category II I Paitanau
Finland Pksa
France Argentina Panama
Germany, Federal Re- Bangladesh Papua New Guinea
pbiofBolivia Peru
pulic o Botswana Philippines
Ireand Brazil Portugal
ItLyxmor Cape Verde Republic of Korea
Luxebour Chad Romnania
Neapand Chile Rwanda
Netheland Colombia Senegal
NerwZalan Congo Sierra Leone
Noray Costa Rica Somalia
Sweain Cuba Sri Lanka
Switeend IDominican Republic Sudan
Switzerlaindomo ra Ecuador Swaziland
Unitdaingadm oGreat Egypt Syrian Arab Republic
Britinand Nrhr El Salvador Thiailand
United states of America Ehoi uii
Ghana Turkey
Categoryj II Greece Uganda
Guatemala United Republic of
Algeria Guinea Cameroon
Gabon Haiti United Republic of
Indonesia Honduras Tanzania
Iran India Uruguay
Iraq Israel'1 Yugoslavia
Kuwait -Jamaica Zaire
Libyan Arab Republic Kenya Zambia
1With reference to Article 7, Section 1 (b) on the use of resources of the Fund for "developing countries", this country will not be included under this Section and will not seek or receive financing from the Fund.







nf%
kv

PART IL-PLEDGES OF INITIAL CONTRIBUTIONS

State and currency unit Amount in currency Equivalent in SDR'$2

CATEGORY I
Australia: Australian a 000,000 8,609,840
Austria: U.S. dollar -------------------------------------------------- 4:800,000 4,197,864
Belgium:
Belgian 500,000,000 11,930,855
U.S. dollar ----------------------------------------------------- 1,000,000
Canada: Canadian 33,000,000 29 497,446
Denmark: U.S. 7,500,000 6:559,163
Finland: Finnish 12,000,000 2 692,320
France: U.S. 25,000,000 21:863,875
Germany, Federal Republic of: U.S. dollar ------------------------------ 55,000,000 48,100,525
Ireland: Pound 570,000 883,335
Italy: U.S. dollar ---------------------------------------------------- 25,000,000 21,863,875
Japan: U.S. 55,000,000 48,100 525
Luxembourg: Special drawing right ------------------------------------ 320,000 320:000
Netherlands:
Dutch 100 000,000 34,594,265
U.S. dollar ----------------------------------------------------- 3 000,000
New Zealand: New Zealand dollar ------------------------------------- 2:000,000 1,721,998
Norway:
Norwegian 75, 000, 001Y 20,612,229
U.S. 9,981,851
Spain: U.S. 2,000,000 1,749,110
Sweden:
Swedish 100,000,000 22,325,265
U.S. 3,000,000
Switzerland: Swiss 22,000,000 7,720,790
United Kingdom: Pound 18,000,000 27,894,780
United States: U.S. 200,000,000 174,911,000
Subtotal- 496,149,059
CATEGORY 11
Algeria: U.S. 10,000,000 8,745,550
Gabon: U.S. dollar --------------------------------------------------- 500,000 437,278
Indonesia: U.S. 1,250,000 1,093,194
Iran: U.S. dollar ---------------------------------------------------- 124,750,000 109,100,736
Iraq: U.S. dollar ---------------------------------------------------- 20,000,000 17,491,100
Kuwait: U.S. 36,000,000 31,493,980
Libyan Arab Republic: U.S. dollar- 20,000,000 17,491,100
Nigeria: U.S. 26,000,000 22,738,430
Qatar: U.S. 9,000,000 7,870,995
Saudi Arabia: U.S. dollar --------------------------------------------- 105,500,000 92,265,553
United Arab Emirates: U.S. 16,500,000 14,430,158
Venezuela: U.S. dollar ----------------------------------------------- 66,000,000 57,720,630
Subtotal- 380,868,704

Equivalent in SDR's2
Amount in Freely Not freely
currency convertible convertible

CATEGORY III
Argentina: Argentine peso ------------------------------------------- 240,000,000 1,499,237
Bangladesh: Taka (equivalent of U.S. dollar) --------------------------- 500,000 -------------- 437,278
Chile: U.S. dollar ---------------------------------------------------- 50,000 43,728 -----------Ecuador: U.S. dollar ------------------------------------------------- 25,000 21,864
Egypt: Egyptian pound (equivalent of U.S. 300,000 -------------- 262,367
Ghana: U.S. dollar --------------------------------------------------- 100,000 87,456
Guinea: 25,000,000 1,012,145
Honduras: U.S. 25,000 21,864 -----------India:
U.S. dollar ----------------------------------------------------- 2,500,000 2,186,388 -----------Indian rupee (equivalent of U.S. 2,500,000 -------------- 2,186,388
Israel: Israel pound (equivalent of U.S. dollar) -------------------------- 150,000 131 183
Kenya: Kenya shilling (equivalent of U.S. dollar) ------------------------ I 000,000 -------------- 874,555
Mexico: U.S. dollar -------------------------------------------------- 5,000 000 4,372,775
Nicaragua: Cordobas ------------------------------------------------ 200:000 -------------- 24,894
Pakistan:
U.S. dollar ----------------------------------------------------- 500,000 437,278
Pakistan rupee (equivalent of U.S. dollar) -------------------------- 500,000 -------------- 437 278
Philippines: U.S. 250,000 43,728 174:911
Footnotes at end of article.






21

PART 11.-PLEDGES OF INITIAL CONTRIBUTIONS '-Continued

Equivalent in SDR's2
Amount in Freely Not freely
currency convertible convertible

Category Ill--Continued
Republic of Korea:
U.S. dolr---------------------100,000 87,456
Won (equivalent of U.S. dolr---------------100,000--------87,456
Romania: Lei (equivalent of U.S. dollar)---------------------------- 1,000,000--------874, 555
Sierra Leon*: Leone____Mw-----------------------------000-------15,497
Sri Lanka:
U.S. dollar ----------------------------------------------- 500,000 437,278
Sri Lanka rupee (equivalent of U.S. dollar)----------------------- 500, 000 -------------- 437, 278
Syrian Arab Republic: Syrian pon---------------500,000--------111,409
Tailand: U.S. dollar ------------------------------------------- 100,000 87,456 -----Tunisia: Tunisian dinar-----------------------------------500--------------- 000100,621
Turkey: Turkish lira (equivalent of U.S. dla)- ----------100,000---------7, 456
Uganda: Uganda shilling---------------------------------20,0--------------- 200020,832
United Republic of Cameroon: U.S. dolr-------------10,000 8,746 -----United Republic of Tanzania: Tanzania shilling ------------------------ 300,000--------31, 056
Yugoslavia: Yugoslav dinar (equivalent of U.S. dollar)------------------- 300, 000 -------------- 262, 367
Subtotal---------------------------7,836,017 9,068,763
Total freely convertible----------------------------------------------38894,8953, 780 -----Grand tota (freely and not freely convertible) ------------------------------- 893, 922, 543
1 Subject to obtaining. where required, the necessary legislative approval. 'Special drawing rights (SD R's) of the International Monetary Funi valued as of 10, June 1976. These equivalent values are stated merely for information in the light of Section 2(a) of Article 5 of the Agreement, with the understand ing that the initial contributions pledged will be payable in accordance with Section 2(a) of Article 4 of the Agreement in the amount and currency specified by the state concerned.
3 Equivalent of U.S. dollars 1,011,776,023 valued as of June 10, 1976.

SCHEDULE 11

DISTRIBUTION OF VOTES AND ELECTION OF EXECUTIrVE BOARD MEMBERS

Part 1: Category I
Sub-part A: Distribution of votes in the Governing Council.
Sub-part B: Election of members of the Executive Board and
their alternates.
Sub-part C: Distribution of votes in the Executive Board.
Sub-part D: Amendments.
Part 11: Category 11
Sub-part A: Distribution of votes in the Governing Council.
Sub-part B: Election of members of the Executive Board and
their alternates.
Sub-part~ C : Distribution of votes in the Executive Board.
Sub-part D: Amendments.
Part III: Category I11
Sub-part A: Distribution of votes in the Governing Council.
Sub-part B: Election of members of the Executive Board and
their alternates.
Sub-part C: Distribution of votes in the Executive Board.
Sub-part D: Amendments.

PART 1: CATEGORY I

A. Distribution of votes in the Gove rning Council
1. 17.5 per cent of the votes of category I shall be distributed equally among the Members of that category.






22

2. The remaining 82.5 per cent. of the votes shall be distributed among Mernbers of category I in the proportion that eachMember's:
(a) initial contribution as specified in its instrument of ratification, acceptance, approval or accession, and
(b) additional contributions and increases in contributions
made in accordance with Section 5(c) of Article 4 bear to the
aggregate of the contributions of category IMembers.
3. In determining voting power under paragraph 2, contributions shall be valued in terms of their equivalent in Special Drawing Rights as of the date of the entry into force of the Agreement and thereafter whenever there is an increase in the aggregate of the contributions of category I Members as a result of a new Member in category 1, an increase in the contribution of a category I Member or additional contributions by category I Members.
4. In the Governing Council each Governor representing a Member in category I shall be entitled to cast the votes of that Member. B. Election of members o rates
f the Executive Board and their alte
1. All of the members and alternate members of the Executive Board from category I shall serve for a term of three years, including those elected at the first election of members of the Executive Board.
2. In balloting for the election of members of the Executive Board representing Members in category 1, each Governor representing such n IMember shall cast for one nominee all of the votes to which the Member which appointed that Governor is entitled.
3. When on any ballot the number of nominees equals the number of members to be elected, each nominee shall be deemed to be elected by the number of votes received by him on such ballot.
4. (a) When on any ballot the number of nominees exceeds the number of members to be elected, the six nominees receiving the hig est number of votes shall be elected, except that no nominee':-'who receives less than ( ) per cent of the total voting power of category I shall be considered as elected.
(b) If six members are elected on the first ballot, the votes that were cast for the nominees not elected shall be deemed to have counted towards the election of any of six members, as chosen by each Governor having such votes.
5. When six members are not elected on the first ballot, a second ballot shall be held in which the Member which received the lowest number of votes in the preceding ballot shall be ineligible for election and in which there shall vote only:
(a) those Governors who voted in the preceding ballot for a
nominee not elected, and
(b) those Governors whose votes for a member elected are
deemed under paragraph 6 to have raised the votes cast for that
member above 15 per cent of the eligible votes.
6. (a) In determining whether the votes cast by a Governor are to be deemed to have raised the total of any member above 15 per cent of the eligible votes, the 1.5 per cent shall be deemed to include, first, the, votes of the Governor casting the largest number of votes for such member, then the votes of the Governor casting the next largest number, and so on until 15 per cent is reached.








(b) If in any ballot two or more Governors having an equal number' of votes shall have voted for the same nominee and the votes of one or more, but not all, of such Governors could be deemed to have raised the total votes above 15 per cent of the eligible votes, who shall be entitled to vote on the next ballot shall be determined by lot.
7. Any Governor, part of whose votes must be counted in order to raise the total of any member above 12 per cent, shall be considered as casting all of his votes for such member even if the total votes foisuch member thereby exceed 15 per cent.
8. If, after the second ballot, six members have not been elected, a further ballot shall be held on the same principles until six members n~ave been elected, provided that after five members are elected, the sixth may be elected by a simple majority of the remaining votes and the remaining votes shall be deemed to have counted towards its election.
9. Each member elected to the Executive Board may appoint an alternate from among the Members whose votes are deemed to have elected it.
(C. Distribution of vote.3 in. the Exeeuth'e Board
1. In the Executive Board a member elected by a Governor or Governors representing a MNember or Members in category I shall be entitled to cast the votes of that Member or Members. 'Where the member represents more than one Member it may cast separately the votes of the Members it represents.
2. If the voting rights of a Member of category I should change between the times provided for the election of members of the Executive Board:
(a) there shall be no change in such members as a result thereof; (b) voting rights of each member of the Executive Board shall
be adjusted as of the effective date of the. change in voting rights
of the Member or Members it represents;
(c) the Governor of a new Member of category I may designate
an existing member of the Executive Board to represent~ it and cast its votes until the next election of members of the Board.
During such period a member so designated shall be deemed to
have been elected by the Governor which so designated it. D. Amendment8
1. The Governors representing category I Members may by a unanimous decision amend the provisions of sub-parts A and B. Unless otherwise decided, the amendment shall have immediate effect. The President shall be informed of any amendment to sub-parts A and B.
2. The Governors representing category I Members may amend the provisions of sub-part C by a 'decision taken with a majority of 75 per cent of the total voting power of such Governors. Unless otherwise decided, the amendment shall have immediate effect. The President shall he informed of any amendment to suib-part C.

P~irr TT: CATEGORY TT
A. Distribution of r'otes~ in, the Go,?'erring Council
1. 25 per cent of the votes of category 11 shall be distributed equally among the Members of that category.






24

2. The remaining 75 per cent of the votes shall be distributed among the Members of category II in the proportion that each Member's contribution (made in accordance with Section 5 (c) of Article 4' bears to the aggregate of the contributions of the category 11 Members.
3. In the Governing Council each Governor representing a Member in category 11 shall be entitled to cast the votes of that Member. B. Election of members of the Executive Board. and their alternates
1. All of the members and alternate members of the, Executive Board from category II shall serve for a term of three years, including those elected at the first, election of members of the Executive Board.
2. Each nominee for membership of the Executive Board may, 'in consultation with all the other Members of category 11, agree with another Member in that category that the latter be a nominee as its alternate. A vote for the nominee for membership shall also be counted as a vote for its alternate.
3. In balloting for members and alternate members of the Executive Board, each Governor shall cast for his nominees all of the votes to which the Member which appointed that Governor is entitled.
4. When on any ballot the number of nominees receiving votes:
(a) is equal to the number of places to be filled, all such nominees
shall be considered elected;
(b) is fewer than the number of places to be filled, all such
nominees shall be considered elected, and additional ballots shall
be held to fill the remaining places;
(c) exceeds the number of places to be filled, the nominee (or the nominees receiving the same number of votes) receiving the fewest votes shall be eliminated and, if the remaining nominees having received votes:
(i) are equal to the number of places to be filled, all such nominees shall be considered elected;
(ii) are fewer than the number of places to be filled, all such
nominees shall be considered elected and additional ballots shall be held to fill the remaining places, participation in which shall be limited to those Governors whose votes did not count towards the
election of any member already elected;
(iii) exceed the number of places to be filled, additional ballots
shall be held, participation in which shall be limited to those Governors whose votes did not count towards the election of any members already elected.
C. Distribution of votes in th-e Executive Board
1. In the Executive Board a member elected by a Governor or Governors representing a Member or Members in category 11 shall be entitled to cast the votes of that Member or Members. A member of the Board representing more than one Member may cast separately the votes of the Members it represents.
2. If the voting rights of a Member of category II should change between the times provided for the election of members of the Executive Board:
ge in such members as a result then,
(a) there shall be no chan of
(b) the voting rights of a member of the Executive Board shall
be adjusted as of the effective date of the change in voting rights of
the Member or Members it represents;






25po

(c) the Governor of a new Memiber of category 11 may designate
anl existing~ member of the Executive Board to represent it and cast its votes until the next election of members of the Board. During such period a member so (lesignatedl shall be (leemied to have been
electedI by the Gov-ernor which so designated it.

Thle proN-isioiis in sub1-parts A-I) may be amended by a vote of the, Governors representing two thirds of the category 1I M.Neiibers whvlose contributions (made in accordance with Section .5(c) of Ar-ticle 4) amount to 70 per cent of the cofltrjlbutjois, of allI cat0rvN IT Menu eis. TheI President shall be informed of an-y ami-endm-lents.


1. J);8fr;1mt;Ou 0f iotv.S /U thc 6' p/i 0;11u ( ~O;1
i'I'l 6;0t votes of category III Ill all be distributed (hlal amon)1g thle Memb ers of that eat egrorV.
B. Flci~ o f ifl('Ifl,P o/f th( Axof/Itu' IN I/(t111iir ti uu
1. Of tile six i 11 il11ers and( six alteriiate ii'ieiiibTs of the Lxecut ive( Board electc(l from among Memibers in cat egorv 111, two 11t tembers andl t wo alternate mieiii1 ers shall b e from eachl of thle following regions: Africa. As ia at(1 L~lt ii i Aerica. -us these are recognized in thie practice followed in thle Vi lit ed Nat ions ("onl terenlce onl Iradle anld D eelo pi-lent.
2. rll procedu res for electing mlelii ers 'am 1 alt eriate ii te I ers of the Execuitiv-e Board from category Ill pursuant to Sect ion ;-)(a ) of A rticle 6 of the kAreemnent anmd. puirsiia it to Sect ion, ) (b) of that Article, the termi of servNice of such mmel vi's anid a Iteriiat e iticitiibei's elected1 at, the first elect ion, shall b e a( 1oIptd ci e)fore t~le entry into force of the Akgreemlenit 1y a simptIle majority of the S tates listed in Part I of Schiedule I as prospective MAeiiil er-s inl categro1ry Ill or after the entry into force of the Agreemlelnt IN tVa si itt j)Ic ma1jority of thle Members iii (atcarorv 111.
(0. ML~rib n Utol.0f rott'. in, th4o VCUfP Bo(/Y~l
Eaachlimember of the Executiv-e Board from category I II shall hlave 10(0 votes.

Sub-part B mnay be amended from timte to t ine l)v a two-thirds majority of the Mclnibrs, in category ITT. Ihle IPre-sidenit shall be informed of any amendments.




























































-----------
- --------










A KIE PEACE CORPS


(See Volume I for All Material)








........... - --- ------(27)
























D. ARMS CONTROL AND DISARMAMENT

CONTENTS
Page
1. Treaties and Agreements --------------------------------------------31
a. Limit ed Nu cle ir Test Bthn Treat y 31
b. Treaty on the -NonTi- Prolife( r at ion of NucleaIr Wea ponll 34 c. Prohibit ionl (f Nuclea r Xepn in Eat in America --40
(1) Additional Protocol 11- ------------------------------40
(2) Understanding and Declarations Included in thc U.S.
In. ,trument (4 Itatification- 42
d. Agreemnent oti \easiiros To ~I c t he HIU>1 of 4 ()i thveI( k (4f
Nucle:a) W\ar Bet ween r the 1. iilt( e'St atIes of Aiierica ad 1eth
1111(111 (If Soviet Socililist 1{epiil lics' 44
e. Seabed Arm.s Control Treat,, 4 G -------~ 1
f. SALT Agreements.------- 530
(1) Joint Resol,)ut ion on Interim Agreemnent (Public Law
9 2 -4 4 ,'-) - - - - - - - - - - -30
(2) Treaty (In the Limitation of Anti-Ballistic M-\i-ile
Sysztemns, With Assoc)iteod Prtcl-22
(3) Interim Agreemet(nt oni Cerita in Me re ith le'-pect to the Limitation of Strtgi ffeii-1ve Arm,' With As4(ociated Prto(coL- - - -- ---- 5'
(4) Agreed Inerrea in-ad Unilateral St atcieen ;
(53) Standing Consutltative, C onmuis'-ion on Arms~ Limitation ------------------------------------ Gl
(6) Standing Cons,;ultative Commisszion on Arm, Limitation: Iigltos~-------------g. Agreement onh the Preve nt ion of -Nuclear War --------- 72
h. Chemical and IBiological Warfare --------------------- t4
(1) G.ene-va Pro('tocol of 19223 (with reservation) ------ 7 4 (2) Biological WXeapons Convention ----- ---- 71;
i. Antarctic Treaty ------------------------------- 8





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1. Treaties and Agreements
a. Limited Nuclear Test Ban Treaty 1
Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and
Under Water; Done at Moscow, U.S.S.R., on August 5, 1963; Ratification advised by the Senate September 24, 1963; Ratified by the President of the United States October 7, 1963; Ratifications of the Governments of the United States, the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics deposited with the said Governments at Washington, London, and Moscow October 10, 1963; Proclaimed by the President October 10, 1963; Entered into Force October 10, 1963
The Governments of the United States of America. the 17nited Kingdom of Great Britain and Northern Ireland. and the Union of Soviet Socialist Republics. hereinafter referred to as the "Original Parties",
Proclaiming as their principal aim the speediest possible achievement of an agreement on general and complete disarmament under strict international control in accordance with the objectives of the United Nations which would put an end to the armaments race and eliminate the incentive to the production and testing of all kinds of weapons, including nuclear weapons,
Seeking to achieve the discontinuance of all test explosions of nuclear weapons for all time, determined to continue negotiations to this end, and desiring to put an end to the contamination of man's environment by radioactive substances. Have agreed as follows:
ARTICLE I
1. Each of the Parties to this Treaty undertakes to prohibit, to prevent, and not to carry out any nuclear weapon test explosion. or any other nuclear explosions at any place under its jurisdiction or control:
(a) in the atmosphere: beyond its limits, including outer space:
or underwater. including territorial waters or high seas; or
(b) in any other environment if such explosion causes radioactive debris to be present outside the territorial limits of the State under whose jurisdiction or control such explosion is conducted.
It is understood in this connection that the provisions of this subparagraph are without prejudice to the conclusion of a treaty resultina in the permanent banning of all nuclear test explosions, including all such explosions underground, the conclusion of which, as the Parties have stated in the Preamble to this Treaty,
they seek to achieve.
14 US. T 1313- TIAS 5433" 450 VNTq 4". For a list of states which are parties to the Treaty, see Dept. of State publication. Treaties in Force.
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32

2. Each of the Parties to this Trea y undertakes furthermore to refrain.from causing, encouraging, or in any way. participating in, the carrying out of any nuclear weapon test explosion, or, any other nuclear explosion, anywhere which would take place in any of the environments described, or have the effect referred to, in paragraph I of this Article.
AMCLE 11
1. Any Party may propose amendments to this Treaty. The text of any proposed amendment shall be submitted to the Depositary Governments which shall circulate it to all Parties to this Treaty. Thereafter, if requests to do so by one-third or more of the Parties, the Depositary Governments shall convene a conference to which they shall invite all the Parties, to consider such amendment.
2. Any amendment to this Treaty must be approved by a majority of the votes of all the Parties to this Treaty, including the votes of all of the Original Parties. The amendment shall enter into force for all Parties upon the deposit of instruments of ratification* by a majority of all the Parties, including the instruments of ratification of all of the Original Parties.
AJMCrZ HI
1. This Treaty shall be open to all States for signature. Any State which does not sign this Treaty before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.
2. This Treaty shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited witli the Governments of the Original Parties-the United States of America, the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics-which are hereby designated the Depositary Governments.
3. This Treaty shall enter into force after its ratification bv all the Original Parties and the deposit of their instruments of ratification.
4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Treaty. it shall enter into force on the date of the' deposit of their instruments of ratification or accession.
5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification of and accession to this Treaty, the date of its entry into force, and the date of receipt of any requests for conferences or other notices.
6. This Treaty shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.

ARTICrZ TV
This Treaty shall be of unlimited duration.
Each Party shall in exercising its national sovereignty have the right to withdraw from the Treaty if it decides that extraordinary events related to the subject matter of this Treat ha ve leopardizea the supreme interests of its country. It shall give notice of such withdrawal to a] I other Parties to the* Treaty three months in advance.





33

ARTICLE V
This Treaty, of which the English and Russian texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States.
IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Treaty.
DONE in triplicate at the city of Moscow the fifth day of August, one thousand nine hundred and sixty-three.

NoTE.-See also Article IV of the Treaty on Outer Space, page
807.













b. Treaty on the Non-Proliferation of Nuclear Weapons1
Done at Washington, London, and Moscow July 1, 1968; Ratification advised by
the Senate of the United States of America March 13, 1969; Ratified by the President of the United States of America November 24, 1969; Ratification of the United States of America deposited at Washington, London, and Moscow March 5, 1970; Proclaimed by the President of the United States of America
March 5, 1970; Entered into force March 5, 1970
The States concluding this Treaty, hereinafter referred to as the "Parties to the Treaty",
Consideringr the devastation that would be v-isited upon all mankind by a nuclear war and the consequent need to make every effort to avert the danger of such a war and to take measures to safeguard the security of peoples,
Believing that the proliferation of nuclear weapons would seriously enhance the danger of nuclear war,
The conformity with resolutons of the United Nations General Assembly cligfor the conclusion of an agreement on the prevention of wider dissemination of nuclear weapons,
Undertaking to cooperate in facilitating the application of International Atom'-ic Energy Agency safeguards on peaceful nuclear actvitesin their support for research, development and other efforts to f urther the application, within the framework of the International Atomic Energy Agency safeguards system, of the principle of safeguarding effecti-vely the flow of source and special fissionable materials by use of instruments and other techniques at certain strategic points.
Affirming the principle that the benefits of peaceful applications of nuclear technology, including any technological by-products which may be derived by nuclear-weapon States from the development of nuclear explosive devices, should be available for peaceful purposes to all Parties to the Treaty, whether nuclear-weapon or non-nuclearweapon States,
Convinced that, in furtherance of this principle, all Parties to the Treaty are entitled to participate in the fullest possible exchange of seientifie information for, and to contribute alone or in cooperation with other States to, the further development of the applications of atomic energy for peacef ul purposes,
Declaring their intention to achieve at the earliest possible date the cessation of the nuclear arms race and to undertake effective measures in the direction of nuclear disarmament,
Urging the cooperation of all States in the attainment of this objective,
21 UST 483: TIAS 6839. For a list of states which are parties to the Treaty, see Dept. of State publication, Treatie8 in Force.
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35

Recalling the determination expressed by the Parties to the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere in Outer Space and Under Water 2 in its Preamble to seek to achieve the discontinuance of all test explosions of nuclear weapons for all time and to continue negotiations to this end,
Desiring to f further the easing of international tension and the strengthening of trust between States in order to facilitate the cessation of the manufacture of nuclear weapons, the liquidation of all their existing stockpiles, and the elimination from national arsenals of nuclear weapons and the means of their delivery pursuant to a treaty on general and complete disarmament under strict and effective international control,
Recalling that, in accordance with the Charter of the United Nations,' States must refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations, and that the establishment and maintenance of international peace and security are to be promoted with the least diversion for armaments of the world's human and economic resources,
Have agreed as follows:
ARTICIZ I
Each nuclear-weapon State Party to the Treaty undertakes not to transfer to any recipient whatsoever miclear weapons or other nuclear explosive devices or control over -Such weapons or explosive devices directly, or indirectly; and not in any way to assist, encourage, or induce any non-nuclear-weapon State to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices, or control over such weapons or explosive devices.
AIMCIZ H
Each non -nuel ea r- weapon State Party to the Treaty undertakes not to receive the transfer from any transferor whatsoever of nuclear weapons or other nuclear explosive devices or of control over such weapons or explosive devices directly, or indirectly; not to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices; and not to seek or receive any assistance in the manufacture of nuclear weapons or other nuclear explosive devices.

AR77CLE r111
1. Each non-n tie] ear- weapon State Party to the Treaty undertaken to accept safeguards, as set forth in an agreement to be negotiated and concluded with the International Atomic Energy Agency in the cordance with the Statute of the International Atomic Energy Agency and the Agency's safeguards system, for the exclusive purpose of verification of the fulfillment of its obligations assumed under this Treaty with a view to preventing diversion of nuclear energy from peaceful uses to nuclear weapons or other nuclear explosive devices. Procedures
2 qpp pj-p 11 of text.
See pflge,5,s, of text.






36

for the safeguards required by this article shall be followed with respect to source or special fissionable material whether it is being produced, processed or used in any principal nuclear facility or is outside any such facility. The safeguards required by this article shall be applied on all source or special fissionable material in all peaceful nuclear activities within the territory of such State, under its jurisdiction, or carried out under its control anywhere.
2. Each State Party to the Treaty undertakes not to provide: (a) source or special fissionable material, or (b) equipment or material especially designed or prepared for the processing, use or production of special fissionable material, to any non-nuclear-weapon State for peaceful purposes, unless the source or special fissionable material shall be subject to the safeguards required by this article.
3. The safeguards required by this article shall be implemented in a manner designed to comply with article IV of this Treaty, and to avoid hampering the economic or technological development of the Parties or international cooperation in the field of peaceful nuclear activities, including the international exchange of nuclear material and equipment for the processing, use or pro auction of nuclear material for peaceful purposes in accordance with the provisions of this article and the principle of safeguarding set forth in the Preamble of the Treaty.
4. Non-nuclear-weapon States Party to the Treaty shall conclude agreements with the International Atomic Energy Agency to meet the requirements of this article either individually or together with other States in accordance with the Statute of the International Atomic Energy Agency. Negotiation of such agreements shall commence within 180 days from the original entry into force of this Treaty. For States depositing their instruments of ratification or accession after the 180-day period, negotiation of such agreements shall commence not later than the date of such deposit. Such agreements shall enter into force not later than eighteen months after the date of initiation of negotiations.
ARTICLE IV
1. Nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with articles I and II of this Treaty.
2. All the Parties to the Treaty undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the peaceful uses of nuclear energy. Parties to the Treaty in a position to do so shall also cooperate in contributing alone or together with other States or international organizations to the further development of the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon States Party to the Treaty, with due consideration for the needs of the developing areas of the world.
ARTICLZ V
Each Party to the Treaty undertakes to take appropriate measures to ensure that, in accordance with this Treaty, under appropriate






37

international observation and through appropriate international procedures, potential benefits from any peaceful applications of nuclear explosions will be made available to non -nuclear- weapon States Party to the Treaty on a non-discriminatory basis and that the charge to such Parties for the explosive devices used will be as low as possible and exclude any charge for research and development. Non-nuclearweapon States Party' to the Treaty shall be able to obtain such benefits, pursuant to a special international agreement or agreements, through an appropriate international body with adequate representation of non-nuclear-weapon States. Negotiations of this subject shall commence as soon as possible after theq Treaty enters into force. Nonnuclear-weapon States Party to the Treaty so desiring may also obtain such benefits pursuant to bilateral agreements.

ARTICLE VI
Each of the Parties to the Treaty undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and don a treaty on general and complete disarmament under strict and effective international control.
ARTICLE Vi11
Nothing in this Treaty affects the right of any group of States to conclude regional treaties in order to assure the total absence of nuclear weapons in their respective territories.

ARTICLE VII
1. Any Party to the Treaty may propose amendments to this Treaty. The text of any proposed amendment shall be submitted to the Depositary Governments which shall circulate it to all Parties to the Treaty. Thereupon, if requested to do so by one-third or more of the Parties to theT reaty, the Depositary Governments shall convene a conference, to which they shall invite all the Parties to the Treaty, to consider such an amendment.
2. Any amendment to this Treaty must be approved by a majority of the votes of all the Parties to the Treaty, including the votes of all nuclear-weapon States Party to the Treaty and all other Parties which. on the date the amendment is circulated, are members of the Board of Governors of the International Atomic Energy Agency. The amendment shall enter into force for each Party that deposits its instrument of ratification of the amendment upon the deposit of such instruments of ratification by a majority of all the Parties, including the instruments of ratification of all niuclear-weapon States Party to the Treaty and all other Parties which, on the date the amendment is circulated, are members of the Board of Governors of the International AXtomic Energy Agency. Thereafter, it shall enter into for-ce for anv other Party upon the deposit of its instrument of gratification of the amendment.
3. Five years after the entry into force of this Treaty, a conference of Parties to the Treaty shall be held in Geneva, Switzerland, in order to review the operation of this Treaty with a view to assuring that the






38
purposes of the Preamble and the provisions of the Treaty are being realized. At intervals of five years thereafter, a majority of the Parties to the Treaty may obtain, by submitting a proposal to this effect to the Depositary Governments, the convening of further conferences witb the same objective of reviewing the operation of the Treaty.
ARTICIZ IX
1. This Treaty shall be open to all States for signature. Amy State which does not sign the Treaty before its entry into force in accordance with paragraph 3 of this article may accede to it at any time.
2. This Treaty shall be subject to ratification by s*natory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics, which are hereby designated the Depositary Governments.
3. This* Treaty shall enter into force after its ratification by the States, the Governments of which are designated Depositaries of the Treaty, and forty other States signatory to this Treaty and the deposit of their instruments of ratification. For the purposes of this Treaty, a nuclear-weapon State is one which has manufactured and exploded a nuclear weapon or other nuclear explosive device prior to January 1, 1967.
4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or accession.
5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or of accession, the date of the entry into force of this Treaty, and the date of receipt of any requests for convening a conference or other notices.
6. This Treaty shall be steered by the Depositary Governments
ions 4
pursuant to article 102 of tb Charter of the United Nat
ARTICIZ X
1. Each Partv shall in exercising its national sovereignty have the right to withd "raw from the Treaty if it decides that extraordinary events, related to the subject matter of this Treaty, have jeopardized the supreme interests of its country. It shall give notice of such withdrawal to all other Parties to the Treaty and to the United Nations Security Council three months in advance. Such notice shall include a statement of the extraordinary events it regards as having jeopardized its supreme interests.
2. Twenty-five years after the entry into force of the Treaty, a conference shall be convened to decide whether the Treaty shall continue in force indefinitely, or shall be extended for an additional fixed period or periods. This decision shall be taken by a majority of the Parties of the Treaty.
48ee page 604 of text.






39

ARTI CLE XI
This Treaty, the English, Russian, French, Spanish and Chinese texts of which are equallyY authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States.
IN WITNESS WHEREOiF the undersigned, duly authorized, have signed this Treaty.
DoNEm in triplicate, at the cities of 'Washington. London and Moscow, the first day of July one thousand nine hundred sixty-eight.











c. Prohibition of Nuclear Weapons in Latin America
(1) Additional Protocol 111
Done at Mexico February 14, 1967; Ratification advised by the Senate of tli e
United States of America, with understandings and declarations, April 19, 1971; Ratified by the President of the United States of America, with said understandings and declarations, May 8, 1971; Ratification of the United States of America deposited at Mexico, with said understandings and declarations, May 12, 1971; Proclaimed by the President of the United States of America June 11, 1971;9 Entered into force with respect to the United States
of America May 12, 1971
The undersigned Plenipotentiaries, furnished with full powers by their respective Governments,
Convinced, That the Treaty for the Prohibition of Nuclear Weapons in Latin America, negotiated and signed in accordance with the recommendations of the General Assembly of the United Nations in Resolution 1911 (XVIII) of 27 November"1963, represents an important step towards ensuring the non-proliferation of nuclear weapons,
Aware, That the non-proliferation of nuclear weapons is not an end in itself but, rather, a means of achieving general and complete disarmament at a later stage, and
Desiring, To contribute, so far as lies in their power, towards ending the armaments race, especially in the field of nuclear weapons, and towards promoting and strengthening a world at peace. based on mutual respect and sovereign equality of States, Have agreed as 'follows:
Article 1. The statute of denuclearization of Latin America in respect of warlike purposes, as defined, delimited and set forth in the Treaty for the Prohibition of Nuclear Weapons in Latin America of which this instrument is an annex, shall be fully respected by the Parties to this Protocol in all its express aims and provisions.
Article 2. The Governments represented by the undersigned Plenipotentiaries undertake, therefore not to contribute in any way to the performance of acts involving a violation of the obligations of article 1 of the Treaty in the territories to which the Treaty applies in accordance with article 4 thereof.
A 7'tide 3. The Governments represented by the undersigned Pleni potentiaries also undertake not to use or threaten to use nuclear weapons against the Contracting Parties of the Treaty for the Prohibition of Nuclear Weapons in Latin America.
Article 4. The duration of this Protocol shall be the same as that of the Treaty for the Prohibition of Nuclear Weapons in Latin
1 22 UST 754:- TTAS9 7137: 634 UNTS, 364 : The United States is not a party to the TreAty for the Prohibition of Niielear 'weapontq In Latin Amerien with Additional Protocol r. The United States signed Additional Protocol I on May 26, 1977, but it has not yet been transmitted for the advice and consent of the Senate. Should Protocol I enter Into force for the United states Prior to the Publication of a new volume 111. the text will be inserteA in the last section of the annual puhlication of volume 11. The U.S. ha. ratified Additional Protocol 11. France. the People's Republic of China and the United Kingdom are the other parties to Protocol 1I.
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41

America of which this Protocol is an annex, and the definitions of territory and nuclear weapons set forth in articles 3 and 5 of the Treaty shall be applicable to this Protocol, as well as the provisions regarding ratification, reservations, denunciation, authentic texts and registration contained in articles 26, 27, 30 and 31 of the Treaty.
Article 5. This Protocol shall enter into force, for the States which hiave ratified it, on the date of the deposit of their respective instruments of ratification.
In witness whereof, the undersigned Plenipotentiaries, having deposited their full powers, found to be in good and due form, sign tliis Additional IProtocol on belialf of their 1esl POetiwe (jov-erl-ent.












(2) Understandings and Declarations Included in the U.S.
Instrument of Ratification'
I
That the United States Government understands the reference in Article 3 of the treaty to "its own legislation" to relate only to suchl legislation as is compatible with the rules of international law and as involves an exercise of sovereignty consistent with those rules, and accordingly that ratification of Additional Protocol 11 by the United States GoNerniment could not be regarded as implying recognition. for the purposes of this treaty and its protocols or for any other purpose, of any legislation which did not, in the view of the United States. comply with the relevant rules of international law.
That the United States Government takes note of the Preparatory Commission's interpretation of the treaty, as set forth in the Final Act, that, governed by the principles and rules of international law, each of the Contracting Parties retains exclusive power and legal competence, unaffected by the terms of the treaty, to grant or deny non-Contracting Parties transit and transport privileges.
That as regards the undertaking in Article 3 of Protocol 11 not to tise or threaten to iFe~ nuclear weapons against the Contracting Par-ties. the United States Government would have to consider that an armed attack by a Contracting Party, in which it was assisted by a. nuclearweapon state, would be incompatible with the Contracting Party's corresponding obligations under Article I of the treaty.

1_1
That the United States Government considers that the technology of making nuclear explosive devices for peaceful purposes is indistinguishable from the technology of making nuclear weapons, and that nuclear weapons and nuclear explosive devices for peaceful purposes are both capable of releasing nuclear energy in an uncontrolled manner and have the common group of characteristics of large amounts of energy generated instantaneously from a compact source. Therefore the United States Government understands the definition contained in Article 5 of the treaty as necessarily encompassing all nuclear explosive devices. It is also understood that Articles 1 and 5 restrict accordinglyv the activities of the Contracting Parties under paragraph 1 of Article 18.
That the United States Government understands that paragraph 4 of Article 18 of the treaty permits, and that United States adherence to Protocol 11 will not prevent, collaboration by the United States with Contracting Parties for the purpose of carrying out explosions of nuclear devices for peaceful purposes in a manner consistent with
122 UJST 760.
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43

a policy of not contributing to the proliferation of nuclear weapons capabilities. In this connection, the United States Government notes Article V of the Treaty on the Non-Proliferation of Nuclear Weapons, under which it joined in an undertaking to take appropriate measures to ensure that potential benefits of peaceful applications of nuclear explosions would be nmade available to non-nuclear-weapon states party to that treaty, and reaffirms its willingness to extend such undertaking, on the same basis, to states precluded by the present treaty from manufacturing or acquiring any nuclear explosive device.
III

That the United States Government also declares that. although not required by Protocol I, it will act with respect to such territories of Protocol I adherent. ais are withiin the '1eo2TU1)hicl area defined
in paragraph 2 of Article 4 of the treaty in the same manner as Protocol II requires it to act with respect to the territories of Contracting Parties.
The President ratified Additional Protocol II on May 8, 1971, with the above-recited undestandin2 and de.'laraiti I. i 11 isili-re of t le advice and consent of the Senate.
It is provided in Article 5 of Additional Protocol II that the Protocol shall enter into force, for the States which have ratified it, on the date of the deposit of their respective instruments of ratification.
The instrument of ratification of the United Kingdom of Great Britain and Northern Ireland was deposited on December 11, 1969 with understandings and a declaration, and the instrument of ratiication of the United States of America was deposited on May 12, 1971 with the above-recited understandings and declarations.
In accordance with Article 5 of Additional Protocol II, the Protocol entered into force for the United States of America on May 12, 1971, subject to the above-recited understandings and declarations.











d. Agreement on Measures To Reduce the Risk of Outbreak of Nuclear War Between the United States of America and the Union of Soviet Socialist Republics1I
Signed at Washington September 30, 1971; Entered into force September 30, 1971
The United States of America and the Union of Soviet Socialist Republics, hereinafter referred to as the Parties:
Taking into account the devastating consequences that -nuclear war would have for all mankind, and recognizing the need to exert every effort to avert the risk of outbreak of such a wvar, including measures to guard against accidental or unauthorized use of nuclear weapons,
Believing that agreement on measures for reducing the risk of outbreak of nuclear war serves the interests of strengthening international peace and security, and is in no way contrary to the interests of any other country,
Bearing in mind that continued efforts are also needed in the future to seek ways of reducing the risk of outbreak of nuclear war,
Have agreed as follows: A~cF

Each Party undertakes to maintain and to improve, as it deems necessary, its existing organizational and technical arrangements to guard against the accidental or unauthorized use of nuclear weapons under its control.
ARTICLE 2
The Parties undertake to notify each other immediately in the event of an accidental, unauthorized or any other unexplained incident inv'olving a possible detonation of a nuclear weapon which could create a risk of outbreak of nuclear war. In the event of such an incident, the Party whose nuclear weapon is involved will immediately make every effort to take necessary measures to render harmless or destroy such weapon without its causing damage.

ARTICLE 3
The Parties undertake to notify each other immediately in the event of detection by missile warning systems of unidentified objects, or in the event of sins of interference with these systems or within related communications facilities, if such occurrences could create a risk of outbreak of nuclear war between the two countries.

Airnci 4
Each Party undertakes to notify the other Party in advance of any planned missile launches if such launches will extend beyond its national territory in the direction of the other Party.
1 22 UST 1590: TIAS 7184.
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45

ARTICLE 5
Each Party, in other situations involving unexplained nuclear incidents, undertakes to act in such a manner as to reduce the possibility of its actions being misinterpreted by the other Party. In any such situation, each Party may inform the other Party or request information when. in its view, this is warranted by the interests of averting the risk of outbreak of nuclear war.

ARTICLE 6
For transmission of urgent information, notifications and requests for information in situations requiring prompt clarification, the Parties shall make primary use of the Direct Communications Link between the Governments of the United States of America and the Union of Soviet Socialist Republics.
For transmission of other information, notifications and requests for information, the Iarties, at their own discretion, may use any communications facilities. including diplomatic channels, depending on the degree of urgency.
ArTICMLE 7
The Parties undertake to hold consultations, as mutually agreed, to consider questions relating to implementat ion of the provisions of this Agreement, as weli as to discuss possible amendments thereto aimed at further implementation of the purl)p-oses of this Agreement.

ARTICLE 8
This Agreement shall be of unlimited duration.

ARTICLE 9
This Agreement shall enter into force upon signature.
DONE at Washington on September 30, 1971, in two copies, each in the English and Russian languages, both texts being equally
1 uthentic.











e. Seabed Arms Control Treaty
Done at Washington, London and Moscow February 11, 1971; Ratification advised by the Senate of the United States of America February 15, 1972; Ratified by the President of the United States of America April 26, 1972; Ratification of the United States of America deposited at Washington, London and Moscow May 18, 1972; Entered into force May 18, 1972
The States Parties to this Treaty,
Recognizing the common interest of mankind in the progress of the exploration and use of the seabed and the ocean floor for peaceful purposes,
Considering that the prevention of a nuclear arms race on the seabed and the ocean floor serves the interests of maintaining world peace, reduces international tensions and strengthens friendly relations among States,
Convinced that this Treatv constitutes a step towards the exclusion of the seabed, the ocean floor and the subsoil thereof from the arms race,
Convinced that this Treaty constitutes a step towards a treaty on general and complete disarmament under strict and effective international control, and determined to continue negotiations to this end,
Convinced that this Treaty will further the purposes and principles of the Charter of the United Nations, in a manner consistent with the principles of international law and without infringing the freedoms of the high seas,
Have agreed as follows:
Axnorz I
1. The States Parties to this Treat undertake not to implant or emplace on the seabed and the ocean Woor and in the subsoil thereof beyond the outer limit of a seabed zone, as defined in article II, any nuclear weapons or any other types of weapons of mass destruction as well as structures, launching installations or any other facilities specifically designed for storing, testing or using such weapons.
2. The undertakings of paragraph 1 of this article shall also apply to the seabed zone referred to in the same paragraph, except that within such seabed zone, they shall not apply either to the coastal State or to the seabed beneath its territorial waters.
3. The States Parties to this Treaty undertake not to assist, encourage or induce any State to carry out activities referred to in paragraph 1 of this article and not to partIcipate in any other way in such actions.
ARmcia II
For the purpose of this Treaty, the outer limit of the seabed zone referred to in article I shall be coterminous with the twelve-mile outer
2 23 UST 701: TIAS 7337. For a list of states which are parties to the Treaty, see Dept. of State publication, Treaties in Force.
(46)






47

limit of the zone referred to in part II of the Convention on the Territorial Sea and the Contiguous Zone, signed at Geneva on April 29, 1958, and shall be measured in accordance with the provisions of part I, section II, of that Convention and in accordance with international law.
ARTcIL III
1. In order to promote the objectives of and insure compliance with the provisions of this Treaty, each State Party to the Treaty shall have the right to verify through observation the activities of other States Parties to the Treaty on the seabed and the ocean floor and in the subsoil thereof beyond the zone referred to in article 1, provided that observation does not interfere with such activities.
2. If after such observation reasonable doubts remain concerning the fulfillment of the obligations assumed under the Treaty, the State Party having such doubts and the State Party that is responsible for the activities giving rise to the doubts shall consult with a view to removingr the doubts. If the doubts persist, the State Party having such doubts shall notify the other States Parties, and the Parties concerned shall cooperate on such further procedures for verification as mnay be agreed, including appropriate inspection of objects, structures, installations or other facilities that reasonably may be expected to be of a kind described in article I. The Parties in the region of the activities, including any coastal State, and any other Party so requesting, shall be entitled to participate in such consultation and cooperation. After completion of the further procedures for verification, an appropriate report shall be circulated to other Parties by the Party that initiated such procedures.
3. If the State responsible for the activities giving rise to the reasonable doubts is not identifiable by observation of the object, structure, installation or other facility, the State Party having such doubts shall notify and make appropriate inquiries of States Parties in the region of the activities and of any other State Party. If it is ascertained through these inquiries that a particular State Party is responsible for the activities, that State Party shall consult and cooperate with other Parties as provided in paragraph 2 of this article. If the identity of the State responsible for the activities cannot be ascertained through these inquiries, then further verification procedures, including inspection, may be undertaken by the inquiring State Party, which shall invite the participation of the Parties in the region of the activities, including any coastal State, and of any other Party desiring to cooperate.
4. If consultation and cooperation pursuant to paragraphs 2 and 3 of this article have not removed the doubts concerning the activities and there reniains V1l- ,I(11i qlflo cOnicerilllor iulfllillnt of tile obligations assumed under this Treaty, a State Party may, in accordance with the provisions of the Charter of the United Nations, refer the matter to the Security Council, which may take action i accordance with the Charter.
5. Verification pursuant to this article may he undertaken by any State Party using its own means, or with the full or partial assistance of any other State Party, or thronah appropriate international procedures within the -framework of the United Nations and in accordance with its Charter.






48

6. Verification activities pursuant to this Treaty shall not interfere with activities of other States Parties and shall be conducted with due regard for rights recognized under international law, including the. freedoms of the high seas and the rights of coastal States with respect to the exploration and exploitation of their continental shelves.

ARTOIZIV
Nothing in this Treaty shall be interpreted as supporting or prejudicing the position of any State Party with respect to existing international conventions, including the 1958 Convention on the Territorial Sea and the Contiguous Zone, or with respect to rights or claims which such State Party may assert, or with respect to recognition or nonrecognition of rights or claims asserted by any other Sate, related to waters off its coasts, including, inter alia, territorial seas and contiguous zones, or to the seabed and the ocean floor, including continental shelves.
ARTICL V
The Parties to this Treaty undertake to continue negotiations in good faith concerning further measures in the field of disarmament flor the prevention of an arms race on the seabed, the ocean floor and the subsoil thereof.
ARTICLE VIE
Any State Party may propose amendments to this Treaty. Amendments shall enter into force for each State Party accepti the amendments upon their acceptance by a majority of thew'States Parties to the Treaty and, thereafter, for each rmingState Party on the date of acceptance by it. ANL I

Five years after the entry ito force of this Treaty, a conference of Parties to the Treaty shallbeheld at Geneva, Switzerland, in order to review the operation of this Treaty with a view to assuring that the purpToses of the preamble and the provisions of the Treaty are being realized. Such review shall take into account any relevant technological developments. The review conference shall determine, in accordance with the views of a majority of those Parties attending, whether and when an additional review conference shall be convened.
AxRncuz VIII
Each State Party to this Treaty shall in exercising its national sovereignty have the right to withdraw from this Treaty if it decides that extraordinary events related to the subject matter of this Treaty have Jeopardized the supreme interests of its country. It shall give notice of such withdrawal to all other States Parties to the Treaty and to the United Nations Security Council three months in advance.
Such notice shall include a statement of the extraordinary events it considers to have jeopardized its supreme interests.






49

ARTICLE IX
The provisions of this Treaty shall in no way affect the obligations assumed by States Parties to the Treaty under international instruments establishing zones free from nuclear weapons.
ARTICLE X
1. This Treaty shall be open for signature to all States. Any State which does not sign the Treaty before its entry into force in accordance wIth paragraph 3 of this article may accede to it at any time.
2. This"Treaty shall be subject to ratification by signatory States. Instruments of ratification and of accession shall be deposited with the Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics, which are hereby designated the Depository Governments.
3. This Treaty shall enter into force after the deposit of instruments of ratification by twenty-two Governments, including the Governments designated as Depositary Governments of this Treaty.
4. For States whose instruments of ratification or accession are deposited after the entry into force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or accession.
5. The Depositary Governments shall promptly inform the Governments of all signatory and acceding States of the date of each signature, of the date of deposit of each instrument of ratification or of accession, of the date of the entry into force of this Treaty, and of the receipt of other notices.
6. This Treaty shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.'

AicLE XI
This Treaty, the English, Russian. French, Spanish and Chinese texts of which are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the Depositar7 Governments to the Governments of the States signatory and acceding thereto.
IN wrr-Ess WiHERmOF the undersigned, being duly authorized thereto, have signed this Treaty.
Do m in triplicate, at the cities of Washington, London and Moscow, this eleventh day of February, one thousand nine hundred seventy-one.
2 See page 604 of text.












f. SALT Agreements
(1) Joint Resolution on Interim Agreement1
Public Law 92-448 [H.J. Res. 12271, 86 Stat. 746, approved September 30, 1972
Resolved by the Sevate and House of Representatives of the United States of America in Congress assembled, That the Congress hereby endorses those portions of the Declaration of Basic Principles of Mutual Relations Between the United States of America and the Union of Soviet Socialist Republics signed by President Nixon and General Secretary Brezhnev at Moscow on May 29, 1972, which relate to the dangers of military confrontation and which read as follows:
"The United States of America and the Union of Soviet Socialist Republics attach major importance to preventing the development of situations capable of causing a dangerous exacerbation of their relations . ." and "will do their utmost to avoid military confrontations and to prevent the outbreak of nuclear war" and "will always exercise restraint in their mutual relations," and "on outstanding issues will conduct" their discussions and negotiations "in a spirit of reciprocity. mutual accommodation and mutual benefit," and
"Both sides recognize that efforts to obtain unilateral advantage f t the expense of the other, directly or indirectly, are inconsistent with these objectives," and
"The prerequisites for maintaining and strengthening peaceful relations between the United States of America and the Union of Soviet Socialist Republics are the recognition of the security interests of the parties based on the principle of equality and the renunciation of the use or threat of force."
SEC. 2. The President is hereby authorized to approve on behalf of the United States the interim agreement between the United States of America and the Union of Soviet Socialist Republics on certain measures with respect to the limitation of strategic offensive arms, and the protocol related thereto, signed at Moscow on May 26, 1972, by Richard Nixon, President of the United States of America and Leonid T. Brezhnev, General Secretary of the Central Committee of the Communist Party of the Soviet Union.
SEC. ,. The Government and the people of the United States ardently desire a stable international strategic balance that maintains peace and deters aggression. The Congress supports the stated policy of the United States that. were a more complete strategic offensive arms agreement not achieved within the five years of the interim agreement, and were the survivability of the strategic deterrent forces of the United States to be threatened as a result of such failure, this
1The Interim Agreement expired on October 3. 1977. However, both the United States and the Soviet Union issued parallel statements announcing that they would continue to observe the limitations on strategic buildups which were contained in the Interim Agreement.
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51

could jeopardize the supreme national interests of the United States; the Congress recognizes the difficulty of maintaining a stable strategic balance in a period of rapidly developing technology; the Congress recognizes the principle of United States-Soviet Union equality reflected in the antiballistic missile treaty, and urges and requests the President to seek a future treaty that, inter alia, would not limit the United States to levels of intercontinental strategic forces inferior to the limits provided for the Soviet Union: and the Congress considers that the success of these agreements and the attainment of more permanent and comprehensive agreements are dependent upon the maintenance under present world conditions of a vigorous research and development and modernization program as required by a prudent strategic posture.
SEC. 4. The Congress hereby commends the President for having successfully concluded agreements with the Soviet Union limiting the production and deployment of antiballistic missiles and certain strategic offensive armaments, and it supports the announced intention of the President to seek further limits on the production and deployment of strategic armaments at future Strategic Arms Limitation Talks. At the same time, the Senate takes cogizance of the fact that agreements to limit the further escalation of the arms race are only preliminary steps, however important, toward the attainment of world stability and national security. The Congress therefore urges the President to seek at the earliest practicable monument Strategic Arms Reduction Talks (SART) with the Soviet Unio, the People's Republic of China, and other countries, and simultaneously to work toward reductions in conventional armaments, in order to bring about agreements for mutual decreases in the production and development of weapons of mass destruction so as to eliiniiate the threat of largescale devastation and the ever-mounting costs of arms production and weapons modernization, thereby freeing world resources for constructive, peaceful use.
SEC. 5. Pursuant to paragraph six of the Declaration of Principles of Nixon and Brezhnev on May 29, 1972. which states that the United States and the Utnion of Soviet Socialist Republics: "will continue to make special efforts to limit strategic armamients. Whenever possible, tey will conclude concrete agreements aimed at achiieving these purposes"; Congress considers that the success of the interim agreement and the attainment of more permanent and and comprehensive agreements are dependent upon the preservation of longstanding United States policy that neither the Soviet Union nor the United States should seek unilateral advantage by developing a first strike potential.










(2) Treaty between the United States of America and the Union
of Soviet Socialist Republics on the Limitation of Anti-Ballistic
Missile Systems, With Associated Protocol'
Signed May 26, 1972; ratification advised by the Senate August 3, 1972; ratified
by the President and entered into force October 3, 1972
The United States of America and the Union of Soviet Socialist Republics, hereinafter referred to as the Parties,
Proceedings from the premise that nuclear war would have devastating consequences for all mankind,
Considering that effective measures to limit anti-ballistic missile systems would be a substantial factor in curbing the race in strategic offensive arms and would lead to a decrease in the risk of outbreak of war involving nuclear weapons,
Proceeding from the premise that the limitation of anti-ballistic missile systems, as well as certain agreed measures with respect to the limitation of strategic offensive arms, would contribute to the creation of more favorable conditions for further negotiations on limiting strategic arms,
Mindful of their obligations under Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons,
Declaring their intention to achieve at the earliest possible date the cessation of the nuclear arms race and to take effective measures toward reductions in strategic arms, nuclear disarmament, and general and complete disarmament,
Desiring to contribute to the relaxation of international tension and the strengthening of trust between States,
Have agreed as follows:

ARTICLE I
1. Each Party undertakes to limit anti-ballistic missile (ABM%) sQystems and to adopt other measures in accordance within the provisions of this Treaty.
2. Each Party undertakes not to deploy ABM1% systems for a defense of the territory of its country and not to provide a base for such a defense, and not to deploy ABM systems for defense of an individual region except as provided for in Article III of this Treaty.

ARTICLE 11
1. For the purposes of this Treaty an ABM system is a system to counter strategic ballistic missiles or their elements in flight trajectory, currently consisting of:
1 23 UST 3435: TIAS 7503.
(52)






53

(a) ABM interceptor missiles, which are interceptor missiles
constructed and deployed for an ABM role, or of a type tested in
an ABM mode;
(b) ABM launchers, which are launchers constructed and deployed for launching ABM interceptor missiles; and
(c) ABM radars, which are radars constructed and deployed
for an ABM role, or of a type tested in an ABM mode.
2. The ABM system components listed in paragraph 1 of this Article include those which are:
(a) operational;
(b) under construction; (c) undergoing testing;
(d) undergoing overhaul, repair or conversion; or
(e) mothballed.
ARTICLE III
Each party undertakes not to deploy ABM systems or their components except that:
(a) within one ABM system deployment area having a radius of one hundred and fifty kilometers and centered on the Party's national capital, a Party may deploy; (1) no more than one hundred ABM launchers and no more than one hundred ABM interceptor missiles at launch sites, and (2) ABM radars within no more than six ABM radar complexes, the area of each complex being circular and have a diameter of no more than three kilometers; and
(b) within one ABM system deployment area having a radius of one hundred and fifty kilometers and containing ICBM silo launchers. a Party may deploy : (1) no more than one hundred ABM launchers and no more than one hundred ABM interceptor missiles at launch sites, (2) two large phased-array ABM radars comparable in potential to corresponding ABM radars operational or under construction on the date of signature of the Treaty in an ABM system deployment area containing ICBM silo launchers, and (3) no more than eighteen ABM radars each having a potential less than the potential of the smaller of the above-mentioned two large phased-array ABM radars.

ARTICLE I\
The limitations provided for in Article III shall not apply to ABM systems or their components used for development or testing, and located within current or additionally agreed test ranges. Each Party may have no more than a total of fifteen ABM launchers at test ranges.

ARTiCLe, V
1. Each Party undertakes not to develop, test. or deploy ABM systems or components which are sea-based, air-based, space-based, or mobile land-based.
2. Each Party undertakes not to develop, test, or deploy ABM launchers for launching more than one ABM interceptor missile at a time. from each launcher, nor to modify deployed launchers to provide them with such a capability, nor to develop, test, or deploy automatic or semi-automatic or other similar systems for rapid reload or ABM launchers.





54

ARTiCLE VI
To enhance assurance of the effectiveness of the limitations on ABM systems and their components provided by this Treaty, each Party tindertakes:
(a) not to give missiles, launchers, or radars, other than ABM interceptor missiles, ABM launchers, or ABM radars, capabilities to counter strategic ballistic missiles or their elements in flight trajectory, and not to test them in an ABM mode; and
(b) not to deploy in the future radars for early warning of strategic ballistic missile attack except at locations along the periphery of its national territory and oriented outward.

ARTICLE VIT
Subject to the provisions of this Treaty, modernization and replacement of ABM systems of their components may be carried out.

ARTICLE VIII
ABM systems or their components in excess of the numbers or outside the areas specified in this Treaty, as well as ABM systems or their components prohibited by this Treaty, shall be destroyed or dismantled under agreed procedures within the shortest possible agreed period of time.
ARTICLE IX
To assure the viability and effectiveness of this Treaty, each Party undertakes not to transfer to other States, and not to deploy outside its national territory, ABM systems or their components limited by this Treaty.
ARTICLE X
Each Party undertakes not to assume any international obligations which would conflict with this Treaty.

ARTICLE X1
The Parties undertake to continue active negotiations for limitations on strategic offensive arms.
ARTICLE XII
1. For the purpose of providing assurance of compliance with the provisions of this Treaty, each Party shall use national technical means of verification at its disposal in a manner consistent with generally recognized principles of international law.
2. Each Party undertakes not to interfere with the national technical means of verification of the other Party operating in accordance with paragraph 1 of this Article.
3. Each Party undertakes not to use deliberate, concealment measures which impede verification by national technical means of compliance with the provisions of this Treaty. This obligation shall not require changes in current construction, assembly, conversion, or overliaul practices.






55

ARTICLE X III
1. To promote the objectives and implementation of the provisions of this Treaty, the Parties shall establish promptly a Standing Consultative Commission. within the framework of which they will:
(a) consider questions concerning compliance with the obligations assumed and related situations which may be considered
ambiguous:
(b) provide on a voluntary basis such information as either
Party considers necessary to assure confidence in compliance with
the obligations assumed;
(c) consider questions involving unintended interference with
national technical means of verification;
(d) consider possible changes in the strategic situation which
have a bearing on the provisions of this Tr,,ty;
(e) agree upon procedures and dates for destruction or dismantling of ABI systems or their components in cases provided
for by the provisions of this Treaty;
(I) consider. as appropriate, possible proposals for further increasing the viability of this Treaty, including proposals for
amendments in accordance with the provisions of this Treaty;
(g) consider, as appropriate, proposals for further measures
aimed at limiting strategic arms.
2. The Parties through consultation shall establish, and may amend as appropriate, Regulations for the Standing Consultative Commission governing procedures, composition and other relevant matters.

ARTICLE XIV
1. Each Party may propose amendments to this Treaty. Agreed amendments shall enter into force in accordance with the procedures governing the entry into force of this Treaty.
2. Five years after entry into force of this Treaty, and at five yea r intervals thereafter, the Parties shall together conduct a review of this Treaty.
ARTICLE XV
1. This Treaty shall be of unlimited duration.
2. Each Party shall, in exercising its national sovereignty, have the right to withdraw from this Treaty if it decides that extraordinary events related to the subject matter of this Treatv have jeopardized its supreme interests. It shall give notice of its decision to the other Party six months prior to withdrawal from the Treaty. Such notice shall include a statement of the extraordinary events the notifying Party regards as having jeopardized its supreme interests.

ARTICLE XVI
1. This Treaty shall be subject to ratification in accordance with the constitutional procedures of each Party. The Treaty shall enter into force on the day of the exchange of instruments of ratification.
2. This Treaty shall be registered pursuant to Article 102 of the Charter of the United Nations.?
2 Sep page 604 of text.






56

Dow,,at Moscow on May 26,1972, in two copies, each in the English and Russian languages, both texts being equally authentic.
For the United States of America
Ricnmw Nxxox,
President cf the United States of Anterka.
For the Union of Soviet Socalist Republics:
L. I. BimzHNzv,
General Secretary of the Central ( committee of the CPSU.


Protocol to the Treaty Between the United States of America and
the Union of Soviet Socialist Republics on the Limitation of
Anti-Ballistic Missile Systems'
Signed at Moscow July 3, 1974; ratification advised by the Senate November 10, 1975; entered into force May 24,1976
The United States of America and the Union of Soviet Socialist Republics, hereinafter referred to as the Parties.
Proceeding from the Basic Principles of Relations between the United States of America and the Union of Soviet Socialist Republics signed on May 29, 1972,
Desiring to* further the objectives of the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems signed on May 26, 1972, hereinafter referred to as the Treaty.
Reaffirming their conviction that the adoption of further measures for the limitation of strategic arms would contribute to strengthening international peace and security,
Proceeding from the -premise that further limitation of antiballistic missile systems will create more favorable conditions for the completion of work on a permanent agreement on more complete measures for the limitation of strategic offensive arms,
Have agreed as follows:
AirriicLE I
1. Each Party shall be limited at any one time to a single area out of the two provided in Article III of the Treaty for deployment of antiballistic missile (ABM) systems or their components and accordingly shall not exercise its rights to deploy an ABM system or its components in the second of the two ABM system deployment areas permitted by Article III of the Treaty, except as an exchange of one permitted area for the other in accordance with Article 11 of this Protocol..
2. Accordingly, except as permitted by Article 11 of this Protocol: the, United States of America shall not deploy an ABM system 'or its components in the area centered on its capital, as permitted by Article TIT (a) of the Treaty, and the Soviet Union shall not deploy an ABM system or its components in the deployment area of intercontinental ballistic missile (ICBM) silo launchers permitted by Article III (b) of the Treaty.
I TIAS 8276.






57

ARTICLE II
1. Each Party shall have the right to dismantle or destroy its ABM system and the components thereof in the area where they are presently deployed and to deploy an ABM system or its components in 'the alternative area permitted by Article III of the Treaty, provided that prior to initiation of construction, notification is given in accord with the procedure agreed to by the Standing Consultative Commission, during the year beginning October 3, 1977, and ending October 2, 1978, or during any year which commences at five year intervals thereafter, those Being the years for periodic review of the Treaty, as provided in Article XIV of the Treaty. This right may be exercised only once.
2. Accordingly, in the event of such notice, the United States would have the right to dismantle or destroy the ABM system and its components in the deployment area of ICBM silo launchers and to deploy an ABM system or its components in an area centered on its capital, as permitted by Article 111(a) of the Treaty, and the Soviet Union would have the right to dismantle or destroy the ABM system and its components in the area centered on its capital and to deploy an ABM system or its components in an area containing ICBM silo launchers, as permitted by Article III (b) of the Treaty.
3. Dismantling or destruction and deployment of ABM systems or their components and the notification thereof shall be carried out in accordance with Article VIII of the ABM Treaty and procedures agreed to in the Standing Consultative Commission.

ARTICLE III
The rights and obligations established by the Treaty remain in force, and shall be complied with by the Parties except to the extent modified by this Protocol. In particular, the deployment of an ABM system or its components within the area selected shall remain limited by the levels and other requirements established by the Treaty.

ARTICLE IV
This Protocol shall be subject to ratification in accordance with the constitutional procedures of each Party. It shall enter into force on the day of the exchange of instruments of ratification and shall thereafter be considered an integral part of the Treaty.
Done at Moscow on Julv 3, 1974, in duplicate, in the English an(1 Russian languages, both texts being equally authentic.
For the U7nited States of America:
RICHARD NixoN,
President of the United States of Awerica.
For the Union of Soviet Socialist Republics:
L. I. BREZHNEV,
Gerral Seretary of the C'ntral Committee of the CPSU.






20-03',' ( 7 -










(3) Interim Agreement Between the United States of America
and the Union of Soviet Socialist Republics on Certain Measures With Respect to the Limitation of Strategic Offensive
Arms, With Associated Protocol I
Signed at Moscow on May 26, 1972; Related joint resolution approved September 30, 1972 [Public Law 92-448 2]; Approved by the President of the Unite/! States of America October 3, 1972; Entered into force October 3,,1972
The United States of America and the Union of Soviet Socialist Republics, hereinafter referred to as the Parties,
Convinced that the Treaty on the Limitation of Anti-Ballistic Missile Systems and this Intierim Agreement on Certain Measures with Respect to the Limitation of Strategic Offensive Arms will contribute to the creation of more favorable conditions for active negotiations on limiting strategic arms as well as to the relaxation of international tension and the strengthening of trust between States,
Taking into account the relationship between strategic offensive and defensive arms,
Mindful of their obligations *Under Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons,
Have agreed as follows:
ARTICLE I
The Parties undertake not to start construction of additional fixed land-based intercontinental ballistic missile (ICBM) launchers after July 1, 1972.
AiRTjICLE II
The Parties undertake not to convert land-based launchers for light ICBMs, or for ICBMs of older types deployed prior to 1964, into land-based launchers for heavy ICBMs of types deployed after that time.
ARTICLE, III
The Parties undertake to limit submarine-l aunched ballistic missile (SLBM) launchers, and modern ballistic missile submarines to the numbers operational and under construction on the date of signature of this Interim Agreement, and in addition to launchers and submarines constructed under procedures established by the Parties as replacements for an equal number of ICBM launchers of older types deployed prior to 1964 or for launchers on older submarines.
'23 UIST 3462: TIAS 7504. The Interim Agreement expired on October 3. 1977. However. lhoth the United States and the Soviet Union issued parallel statements announcing that they would continue to observe the limitations on strategic buildups which were contained In the agreement.
2 See page 50 of text.
(58)








ARTICLE IV
Subject to the provisions of this Interim Agreement, modernization and replacement of strategic offensive ballistic missiles and launchers covered by this Interim AgYreement, may' be undertaken.

ARTICLE V\
1. For the purpose of providing assurance of compliance with the provisions of this Interim Agreement, each Party shall use national technical means of verification at its (lisposal in :1 manner consistent with generally recognized principles of international law.
2. Each Party undertakes not to interfere with the national technical means of verification of the other Party operating in accordance with paragraph 1 of this Article.
3. Each Party undertakes not to use deliberate concealment measures which impede verification by national technical means of compliance with the provisions of this Interim Agr-eement. This obligation shall not require changes in current construction, assembly, conversion, or overhaul practices.
ARTICLE VT
To promote the objectives and implementation of the provisions of this Interim Agreement, the Parties shall use the Standing Consultative Commission established under Article XIII of the Treaty on the Limitation of Anti-Ballistic Missile, Systems in accordance with the provisions of that Article.

ARTICLE VII
The Parties undertake to continue acti ve negotiations for limitations on strategic offensive arms. The obligations provided for in this Interim Agreement shall not prejudice the scope or terms of the limitations on strategic offensive arms which may bv, worked out in the course of further negotiations.

ARTICLE VIII
1. This Interim Agreement shall enter into force upon exchange of written notices of acceptance by each Partyv, which exchange shall take place simultaneously with the exchange of instruments of ratification of the Treaty on the Limitation of Anti-Ballistic Missile Systems.
2. This Interim Agreement shall remain in force for a period of fivie years unless replaced earlier by an agreement on more complete measures limiting strategic offensive arms. It is the objective of the Parties to conduct active follow-on negotiations with the aim of concluding such an agreement as soon as possible.
3. Each Party shall, in exercising its national sovereignty. have the right to withdraw from this Interim Agrreement if it decides that extraordinary events related to the subject matter of this Interim Agreement have jeopardized its supreme interests. It shall give notice of its decision to the other Party six months prior to withdrawal from this Interim Agreement. Such 'notice shall include a statement of the




60

extraordinary events the notifying Party regards as having jeopardized its supreme interests.
Do NE at Moscow on May 26, 1972, in two copies, each in the English and Russian languages, both texts being equally authentic.
For the United States of America:
RICHARD NIXON,
President of the United States of A merica.
For the Union of Soviet Socialist Republics:
L. I. BREZHNEV,
General Secretary of the Central Committee of the CPSU.

Protocol to the Interim Agreement Between the United States of
America and the Union of Soviet Socialist Republics on Certain Measures with respect to the Limitation of Strategic Offensive
Arms
Signed at Moscow May 26, 1972
The United States of America and the Union of Soviet Socialist Republics, hereinafter referred to as the Parties.
Having agreed on certain limitations relating to submarinelaunched ballistic missile launchers and modern ballistic missile submarines, and to replacement procedures, in the Interim Agreement,
Have agreed as follows:
The Parties understand that, under Article III of the Interim Agreement, for the period during which that Agreement remains in force:
The U.S. may have no more than 710 ballistic missile launchers on submarines (SLBMs) and no more than 44 modern ballistic missile submarines. The Soviet Union may have no more than 950 ballistic missile launchers on submarines and no more than 62 modern ballistic missile submarines.
Additional ballistic missile launchers on submarines up to the abovementioned levels, in the U.S.--over 656 ballistic missile launchers on nuclear-powered submarines, and in the U.S.S.R.-over 740 ballistic missile launchers on nuclear-powered submarines, operational and under construction. may become operational as replacements for equal numbers of ballistic missile launchers of older types deployed prior to 1964 or of ballistic missile launchers on older submarines.
The deployment of modern SLBMs on any submarine, regardless of type, will be counted against the total level of SLBMs permitted for the U.S. and the U.S.S.R.
This Protocol shall be considered an integral part of the Interim Agreement.
DONE at Moscow this 26th day of May, 1972.
For the United States of America:
RTCHIARD NIxoN.,
President of the United States of America.
For the Union of Soviet Socialist Republics:
L. I. BREZHNEV,
General Secretary of the Central Committee of the CPSU.












(4) Agreed Interpretations and Unilateral Statements

1. AGREED INTERPRETATIONS
(a) Initialed Statements.-The texts of the statements set out below were agreed upon and initialed by the Heads of the IDelegations on May 26, 1972.
ABM TREATY

[A]
The Parties understand that, in addition to the AB3-M radars which may be deployed in accordance with subparagraph (a) of Article III of the Treaty, those non-phased-array ARM radars operational on the date of signature of the Treaty within the ARM system deployment area for defense of the national capital may be retained.

[B]
The Parties understand that the potential (the product of mean emitted power in watts and antenna area in square meters) of the smaller of the two large phased-array ARM radars referred to in subparagraph (b) of Article III of the Treaty is considered for purposes of the Treaty to be three million.

[C]
The Parties understand that the center of the AB"M system, deplo yment area centered on the national capital and the center of the ARM system deployment area containing ICBM\ silo launchers for each Party shall be separated by no less than thirteen hundred kilometers.

[D]
The Parties agree not, to deploy phased-array radars havinga potential (the product of mean emitted power in watts and antenna area in square meters) exceeding three million, except as provided for in Articles III, IV and VI of the Treaty, or except~ for the purposes of tracking objects in outer space or for use as national technical means of verification.

In order to insure fulfillment of the obligation not to deploy ABMN systems and their components except as provided in Article III of the Treaty, the Parties agree that in the event ABM systems based on other physical principles and including components capable, of substituting for ABM interceptor missiles, ABM launchers, or ARM radars are created in the future, specific limitations on such systems
(61)~






62

and their components would be subject -to discussion in accordance with Article XIII and agreement in accordance with Article XIV of the Treaty.[F

The Parties understand that Article V of the Treaty includes obligat ions not to develop, test or deploy ABM interceptor missiles for the delivery by each ABMI interceptor missile of more than one independently guided warhead.
[G]
The Parties understand that Article IX of the Treaty includes the obligation of the U.S. and the USSR not to provide to other States technical descriptions or blueprints specially worked out for the construction of ABMI systems and their components limited by the Treaty.

INTERIM AGREEMENT
[H]
The Parties understand that land-based ICBM launchers referred to in the Interim Agreement are understood to be launchers for strategic ballistic missiles capable of ranges in excess of the shortest distance between the northeastern border of the contental U.S. and the niorthwestern border of the continental USSR.

[I]
The Parties understand that fixed land based ICBM launchers tinder active construction as of the date of signature of the Interim Agreement may be completed. i

The Parties understand that in the process of modernization and replacement the dimensions of land-based ICBM silo launchers will niot be significantly increased.
[K]
The Parties understand that dismantling or destruction of ICBM launchers of older typos deployed prior to 1964 and ballistic missile launchers on older submarines being replaced by new SLBM launchers on modern submarines will be initiated at the time of the beginning of sea trials of a replacement submarine, and will be completed in the shortest possible agreed period of time. Such dismantling or destruction, and timely notification thereof, will be accomplished under procedures to be agreed in the Standing Consultative Commission.


The Parties understand that during the period of the Interim Agreement there shall be no significant increase in the number of ICBM or SLBM test and training launchers, or in the number of such launchers for modern land-based heavy ICBMs. The Parties further understand that construction or conversion of ICBM launchers at test






63
ranges shall be undertaken only for purposes of testing and training.
(b) Common Understandings.-Common understanding of the Parties on the following matters was reached during the negotiations:

A. INCREASE IN ICBM SILO DIMENSIONS
Ambassador Smith made the following statement on May 26, 1972: "The Parties agree that the term 'significantly increased' means that an increase will not be greater than 10-15 percent of the present dimensions of land-based ICBM silo launchers."
Minister Semenov replied that this statement corresponded to the Soviet understanding.

B. LOCATION OF ICBM DEFENSES
The U.S. Delegation made the following statement on May '26, 1972: "Article III of the ABM Treaty provides for each side one ABM system deployment area centered on its national capital and one ABM system deployment area containing ICBM silo launchers. The two sides have registered agreement on the following statement: 'The Parties understand that the center of the ABM system deployment area centered on the national capital and the center of the ABM sysstem deployment area containing ICBM silo launchers for each Party shall be separated bv no less than thirteen hundred kilometers. In this connection, the U.S. side notes that its ABM system deployment area for defense of ICBM silo launchers, located west of the Mississippi River, will be centered in the Grand Forks ICBM silo launcher deployment area." (See Initialed Statement [C].)

C. ABM TEST RANGES
The U.S. Delegation made the following statement on April 26, 1972:
"Article IV of the ABM Treaty provides that 'the limitations provided for in Article III shall not apply to ABM systems or their components used for development or testing, and located within current or additionally agreed test ranges.' We believe it would be useful to assure that there is no misunderstanding as to current ABM test ranges. It is our understanding that ABM test ranges encompass the area within which ABM components are located for test purposes. The current U.S. ABM[ test ranges are at White Sands, New Mexico, and at Kwajalein Atoll, and the current Soviet ABM test range is near Sary Shagan in Kazakhstan. We consider that non-phased array radars of types used for range safety or instrumentation purposes may be located outside of ABM test ranges. We interpret the reference in Article IV to 'additionally agreed test ranges' to mean that ABM components will not be located at any other test ranges without prior agreement between our Governments 'that there will be such additional ABM test ranges."
On May 5,1 972, the Soviet Delegation stated that there was a common understanding on what ABM test ranges were, that the use of the






64

types of non-ABM radars for range safety or instrumentation was not limited under the Treaty, that the reference in Article IV to "additionally agreed" test ranges was sufficiently clear, and that national means permitted identifying current test ranges.
D. MOILE "2M SYSTEM
On January 28, 1972, the U.S. Delegation made the following statement:
"Article V (I) of the Joint Draft Text of the ABM Treaty includes an undertaking not to develop, test, or deploy mobile land-based ABM systems and their components. On May 5,1971, the U.S. side indicated that, in its view, a prohibition on deployment of mobile ARM systems and components would rule out the deployment of ABM launchers and radars which were not permanent fixed types. At that time, we asked for the Soviet view of this interpretation. Does the Soviet side agree with the U.S. side's interpretation put forward on May 5,19711?"
On April 13, 1972, the Soviet Delegation said there is a general common understanding on this matter.
E. STANDING CONSULTATIVE COMMISSION
Ambassador Smith made the following statement on May 22,1972: "The United States proposes that the sides agree that, with regard to initial implementation of the ABM Treaty's Article -XIII on the Standing Consultative Commission (5CC) and of the consultation Articles to the Interim Agreement on offensive arms and the Accidents Agreement," agreement establishing the SOC will be worked out early in the follow-on SALT negotiations; until that is completed, the following arrangements will prevail: when SALT is in session, any consultation desired by either side under these Articles can be carried out by the two SALT .Delegations: when SALT is not in session, ad hoc arrangements for any desired consultations under these Articles may be made through diplomatic channels."
Minister Semenov replied that, on an ad referendum basis, he could agree that the U.S. statement corresponded to the Soviet understanding.
P. STANDSTILL
On May 6, 1972, Minister Semenov made the following statement: "In an effort to accommodate the wishes of the U.S. side, the Soviet Delegaion is prepared to proceed on the basis that the two sides will in fact observe the obligations of both the Interim Agreement and the ARM Treaty beginning from the date of signature of these two documents."
In reply, the U.S. Delegation made the following statement on May 20,1972:
"The U.S. agrees in principle with the Soviet statement made on May 6 concerning observance of obligations beginning from date of signature but we would like to make clear our understanding that this
Spl~e Art1l'le 7 of Agreement to Rednce the Risk of Outbreak of Nuclear War Between the United States of America and the Union of Soviet Socialist Republics, signed Sept. 50, 1971, p. 45.






65

means that, pending ratification and acceptance, neither side would take any action prohibited by the agreements after they had entered into force. This understanding would continue to apply in the absence of notifloation by either signatory of its intention not to proceed with ratification or approval."
The Soviet Delegation indicated agreement with the U.S. statement.

2. UNILATERAL STATEMENTS
(a) The following noteworthy unilateral statements were made during the negotiations by the United States Delegation:
A. WITHDRAWAL FROM TME ABM TREATY
On May 9, 1972, Ambassador Smith made the following statement: "The U.S. Delegation has stressed the importance the U.S. Goeverment attaches to achieving agreement on more complete iiitations on strategic offensive arms, following agreement on an ABM Treaty and on an Interim Agreement on certain measures with respect to the limitation of strategic offensive arms. The U.S. Delegation believes that an objective of the follow-on negotiations should be to constrain and reduce on a long-term basis threats to the survivability of our respective strategic retaliatory forces. The USSR Delegation has also indicated that the objectives of SALT would remain unfulfilled without the achievement of an agreement providing for more complete limitations on strategic offensive arms. Both sides recognize that the initial agreements would be steps toward the achievement of more complete limitations on strategic arms. If an agreement providing for more complete strategic offensive arms limitations were not achieved within five years, U.S. supreme interests could be jeopardized. Should that occur, it would constitute a basis for withdrawal from the ABM Treaty. The U.S. does not wish to see such a situation occur, nor do we believe that the USSR does. It is because we wish to prevent such a situation that we emphasize the importance the U.S. Government attaches to achievement of more complete limitations on strategic offensive arms. The 'U.S. Executive will inform the Congress, in connection with Congressional consideration of the ABM Treaty and the Interim Agreement, of this statement of the U.S. position."
B. LAND-MOB=L ICBM LAUNCHER
The U.S. Delegation made the following statement on May 20, 1972:
"In connection with the important subject of land-mobile ICBM launchers, in the interest of concluding the Interim Agreement the U.S. Delegation now withdraws its proposal that Article I or an agreed statement explicitly prohibit the deployment of mobile landbased ICBM launchers. I have been instructed to inform you that, while agreeing to defer the question of limitation of operational landmobile ICBM launchers to the subsequent negotiations on more complete limitations on strategic offensive arms, the U.S. would consider the deployment of opertional land-mobile ICBM launchers during the period of the Interim Agreement as inconsistent with the objectives of that Agreement."







C. COVERED FACILTIES
The U.S. Delegation made the following statement on May 20, 1m7: "I wish to emphasize the importance that the United "States attaches to the provisions of Article V, including in particular their application to fitting out or berthing submarines."

D. "HEAVY" IrCBe'S
The U.S. Delegation made the following statement on May 26,1972: "The U.S. Delegation regrets that the Soviet Delegation has not been willing to agree on a common definition of a heavy missile. Under these circumstances, the U.S. Delegation believes it necessary to state the following: The United States would consider any ICBM having a volume significantly greater than that of -the largest light ICBM now operational on either side to be a heavy7 ICBM. The U.S. proceeds on the premise that the Soviet side will give due account to this consideration."
IL TESTED IN AX MODE
On April 7,1972, the U.S. Delegation made the following statement: "Article II of the Joint Text Draft uses the term 'tested in an ABM mode,' in defining ABM components, and Article VI includes certain obligations concerning such testing. We believe that the sides should have a common understanding of this phrase. First, we would note that the testing provisions of the ABM Treaty are intended to apply to testing which occurs after the date of signature of the Treaty, and not to any testing which may have occurred in the past. Next, we would amplify the remarks we have made on this subject during the previous Helsinki phase by setting forth the objectives which govern the U.S. view on the subject, namely, while prohibiting testing of nonABM components for ABM purposes: not to present ,testing of ABM components, and not to prevent testing of non-ABM conliponents for non-ABM purposes. To clarify our interpretation of 'tested in an ABM mode,' we note that we would consider a launcher, missile or radar to be 'tested in an ABM model' if, for example, any of the following events occur: (1) a launcher is used to launch an ABM interceptor missile, (2) an interceptor missile is flight tested against a target vehicle which has a flight trajectory with characteristics of a strategic ballistic missile flight trajectory, or is flight tested in conjunction with the test of an ABM interceptor missile or an ABM radar at the same test range, or is flight tested to an altitude inconsistent with interception of targets against which air defenses are deployed, (3) a radar makes measurements on a cooperative target vehicle of the kind referred to in item (2) above, during the reentry portion of its trajectory or makes measurements in conjunction with the test of an ABM interceptor missile or an ABM radar at the same test range. Radars used for purposes such as range safety or instrumentation would be exempt from application of these criteria."

F. NO-TRANSFER ARTICLE OF ARM TREATY
On April 18, 1972, the U.S. Delegation made the following statement:






67

"In regard to this Article [XI have a brief and I believe selfexplanatory statement to make. The U.S. side wishes to make clear that the provisions of this Article do not set a precedent for whatever provision may be considered for a Treaty on LimitingP Strategic Offensive Arms. The question of transfer of strategic ofensive arms is a far more complex issue, which may require a different solution."

G. NO INCREASE IN DEFENSE OF EARLY WARNING RADARS
On July 28,1970, the U.S. Delegation made the following statement: "Since Hen House radars [Soviet ballistic missile early warning radars] can detect and track ballistic missile warheads at great distances, they have a significant ABM potential. Accordingly, the U.S. would regard any increase in the defenses of such radars by surfaceto-air missiles as inconsistent with an agreement."

(b) The following noteworthy unilateral statement was made by the Delegation of the U.S.S.R. and is shown here with the U.S. reply:
On May 17, 1972, Minister Semenov made the following unilateral "Statement of the Soviet Side":
"Taking into account that modern ballistic missile submarines are presently in the possession of not only the U.S., but also of its NATO allies, the Soviet Union agrees that for the period of effectiveness of the Interim 'Freeze' Agreement the U.S. and its NATO allies have up to 50 such submarines with a total of up to 800 ballistic missile launchers thiereon (including 41 U.S. submarines with 656 ballistic missile launchers). However, if during the period of effectiveness of the Agreement U.S. allies in NATO should increase the number of their modern submarines to exceed the numbers of submarines they would have operational or under construction on the date of signature of the Agreement, the Soviet Union will have the right to a corresponding increase in the number of its submarines. In the opinion of the Soviet side, the solution of the question of modern ballistic missile submarines provided for in the Interim Agreement only partially compensates for the strategic imbalance in the deployment of the nuclear-powered missile submarines of the USSR and the U.S. Therefore, the Soviet side believes that this whole question, and above all the question of liquidating the American missile submarine bases outside the U.S., will be appropriately resolved in the course of follow-on negotiations."
On May 24, Ambassador Smith made the following reply to Miniister Semenov:
"The United States side has studied the 'statement made by the Soviet side' of May 17 concerning compensation for submarine basing and SLBM submarines belonging to third countries. The United States does not accept the validity of the considerations in that statement."
On May 26 Minister Semenov repeated the unilateral statement made on May 24. Ambassador Smith also repeated the U.S. rejection on May 26.










(5) Standing Consultative Commission on Arms Limitation1
Memorandum of Understanding signed at Geneva December 21, 1972; Entered into force December 21, 1972
MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE
UNrrED STATES OF AMERICA AND THE GOVERNMENT OF THE UNION OF SOVIET SocIALIST REPUBLICS REGARDING THE ESTABLISHMENT OF
A STANDING CONSULTATIVE COMMISSION
I

The Government of the United States of America and the Government of the Union of Soviet Socialist Republics hereby establish a Standing Consultative Commission., II

The Standing Consultative Commission shall promote the objectives and implementation of the provisions of the Treaty between the USA and the USSR on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972,2 the Interim Agreement between the USA and the USSR on Certain Measures with Respect to the Limitation of Strategic Offensive Arms of May 26, 1972,3 and the Agreement on Measures to Reduce the Risk of Outbreak of Nuclear War between the USA and the USSR of September 30, 1971,' and shall exercise its competence in accordance with the provisions of Article XIII of said Treaty, Article VI of said Interim Agreement, and Article 7 of said Agreement on Measures.
III

Each Government shall be represented on the Standing Consultative Commission by a Commissioner and a Deputy Commissioner, assisted by such staff as it deems necessary.
IV
The Standing Consultative Commission shall hold periodic sessions on dates mutually agreed by the Commissioners but no less than two times per year. Sessions shall also be convened as soon as possiblee following reasonable notice, at the request of either Commissioner.
24 UST 238 ; TIAS 7545.
2 See page 52 of text.
8 See page 58 of text.
See page 44 of text.
(68)






69

V
The Standing Consultative Commission shall establish and approve Regulations governing procedures and other relevant matters and may amend them as it deems appropriate.

VI
The Standing Consultative Commission will meet in Geneva. It may also meet at such other places as may be agreed.
DONE. in Geneva, on December 21, 1972, in two copies, each in the English and Russian languages, both texts being equally authentic.












(6) Standing Consultative Commission on Arms Limitation: Regulations 1
Protocol, with regulations, signed at Geneva May 30, 1973; Entered into force May 30, 1973
STANDING CONSULTATIVE COMMISSION
PROTOCOL
Pursuant to the provisions of the Memorandum of Understanding between the Government of the United States of America and the Government of the Union of Soviet Socialist Rep blics Regarding the Establishment of a Standing Consultative Commission, dated Decem2
ber 21, 1972, the undersigned, having been duly appointed by their respective Governments as Commissioners of said Standing Consultative Commission, hereby establish and approve, in the form attached, Regulations governing procedures and other relevant matters of the Commission, which Regulations shall enter into force upon S12mature of this Protocol and remain in force until and unless amendedby the undersigned or their successors.
DONE in Geneva on May 30, 1973, in two copies each in the En AiSh and Russian languages, both texts being equally authentic.
ATTACHMENT
STANDING CONSULTATIVE COM31ISSION
REGULATIONS
1. The Standing Consultative Commission, established by 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, shall consist of a U.S. component and Soviet component, each of which shall be headed by a Commissioner.
2. The Commissioners shall alternately preside over the meetings..
3. The Commissioners shall, when possible, inform each other in advance of the matters to be submitted for discussion, but may at a meeting submit for discussion any matter within the competence of the Commission.
4. During intervals between sessions of the Commission, each Commissioner may transmit written or oral communications to the other Commissioner concerning matters within the competence of the Commission.
124 UST 1124 TIAS 7637.
2 See page 68 of text.
(70)






71

5. Each component of the Commission may invite such advisers and experts as it deems necessary to participate in a meeting.
6. The Commission may establish working groups to consider and prepare specific matters.
7. The results of the discussion of questions at the meetings of the Commission may, if necessary, be entered into records which shall be in two copies, each in the English and the Russian languages, both texts being equally authentic.
8. The proceedings of the Standing Consultative Commission shall be conducted in private. The Standii g Consultative Commission may not make its proceedings public except with the express consent of both Commissioners.
9. Each component of the Commission shall bear the expenses connected with its participation in the Commission.











g. Agreement Between the United States of America and the Union of Soviet Socalist Republics on the Prevention of Nuclear
War 1
Agreement signed at Washington June 23 1973; Entered into force June 22, 1973
The United States of America and the Union of Soviet Socialist Republics, hereinafter referred to as the Parties, Guided by the objectives of strengthening world peace and international security,
Conscious that nuclear war would have devastating consequences for mankind,
Proceeding from the desire to bring about conditions in which the danger of an outbreak of nuclear war anywhere in the world would be reduced and ultimately eliminated,
Proceeding from their obligations under the Charter of the United Nations regarding the maintenance of peace, refraining from the threat or use of force, and the avoidance of war, and in conformit-y with the agreements to which either Party has subscribed,
Proceeding from the Basic Principles of Relations between the United States of America and the union of Soviet Socialist Republios signed in Moscow on May 29, 1972,2
Reaffirming that the development of relations between the United States of America and the Union of Soviet Socialist Reublics is not directed against other countries and their interests,
Have agreed as follows: RIZI

The United States and the Soviet Union agree that an objective of their policies is to remove the danger of nuclear war and of the use of nuclear weapons.
Accordingly, the Parties agree that they will act in such a manner as to prevent the development of situations capable of causing a dangerous exacerbation of their relations, as to avoid military confrontations, and as to exclude the outbreak of nuclear war between them and between either of the Parties and other countries.

ARTicLE& II
The Parties agree, in accordance with Article I and to realize the objective stated in that Article, to proceed from the premise that each Party will refrain from the threat or use of force against the other Party, against the allies of the other Party and against other countries, in circumstances which may endane international. peace and security. The Parties agree that they will be guided by these considerations in the formulation of their foreign policies and in their actions in the field of international relations.
2 24 UST 1478 ; TIAS 7654.
Department of State Balletin., June 26. 1972, p. 898.
(72)





73

ARTICL III

The Parties undertake to develop their relations with each other and with other countries in a way consistent with the purposes of this Agreement. nczI

If at any time relations between the Parties or between either Party and other countries appear to involve the risk of a nuclear conflict, or if relations between countries not parties to this Agreement a p ear to involve the risk of nuclear war between the United States of America and the Union of Soviet Socialist Republics or between either Party and other countries, the United States and the Soviet Union, acting in accordance with the provisions of this Agreement, shall immediately enter into urgent consultations with each other and make every effort to avert this risk.

AzrtICL V
Each Party shall be free to inform the Security Council of the United Nations, the Secretary General of the United Nations and the Governments of allied or other countries of the progress and outcome of consultations initiated in accordance with Article IV of this Agreement.
AmRTIL VI
Nothing in this Agreement shall affect or impair:
(a) the inherent right of individual or collective self-defense as envisaged by Article 51 of the Charter of the United Nations03
(b) the provisions of the Charter of the United Nations, including those relating to the maintenance or restoration of international peace and security, and
(c) the obligations undertaken by either Party towards its allies or other countries in treaties, agreements, and other appropriate documents.
ARTICLE VII
This Agreement shall be of unlimited duration.

ARTcrz VII
This Agreement shall enter into force upon signature,
Dowz at Washington on June 22, 1973, in two copies, each in the English and Russian languages, both texts being equally authentic.
TS 983 ; 59 Stat 1044. See page 594 of text.









20-039 0 78 6












h. Chemical and Biological Warfare
(11) Geneva Protocol of 1925 (with reservation)
Protocol Prohibiting the Use in War of Asphy3dating, Poisonous or. Other
Gases, and of Bacteriological Methods of Warfare; Done at Geneva June 17, 1925; Ratification advised by the Senate December 16, 1974; Ratification deposited April 1% 19751
The undersigned plenipotentiaries, in the name of their respective Governments:
Whereas the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids, materials or devices, has been justly condemned by the general opinion of the civilised world; and
Whereas the prohibition of such use has been declared in Treaties to which the majority of Powers of the world are Parties; and
To the end that this prohibition shall be universally accepted as a part of International Law, binding alike the consciei7ce- and the practice of nations;
Declare:
That the High Contracting Parties, so far as they are not already Parties to Treaties prohibiting such use, accept this prohibition, agree to extend this prohibition, to the use of bacteriological methods of warfare and agree to be bound as between themselves
according to the terms of this declaration.
The High Contracting Parties will exert every effort to induce other States to accede to the present Protocol. Such accession will be notified to the Government of the French Republic, and by the latter to an signatory and acceding Powers, and will take effect on the date of the notificadon by the Government of theFrench Republic.
The present Protocol, of which the French and English texts are both authentic, shall be ratified as soon as possible. It shall bear today's date.
The ratifications of the present Protocol shall be addressed to the Government of the French Republic, which will at once notify the deposit of such ratification to each of the signatory and acceding Powers.
The instruments of ratification of and accession to the present Protocol will remain deposited in the archives of the Government of the French Republic.
The present Protocol will come into force for each signatory Power as from the date of deposit of its ratification, and,, from that moment, each Power will be bound as regards other Powers which have already deposited their ratifications.
In witness whereof the Plenipotentiaries have signed the present Protocol.
I TIAS 8061. F or a list of states which are parties to the Protocol, see Dept. of State publication, Treaties .n Force. See also Executive Order 11850 (section D, volume 1) which discusses U.S. policy on the uses of chemical herbicides and riot control agents.
(74)






75

Done at Geneva in a single copy, this seventeenth day of June, One Thousand Nine Hundred and Twenty-Five.


Ratification of Geneva Protocol of 1925, with Reservation
Resolved, (two-thirds of the Senators present concurring therein), That
the Senate advise and consent to the ratification of The Protocol for the Prohibition of the Use in-War of Asphyxiating, Poisonous, or other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on June 17,
1925 (Ex. J, 91-2) subject to the following reservation:
That the said Protocol shall cease to be binding on the Government of
the United States with respect to the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids, materials, or devices, in regard to an enemy State if such State or any of its allies fails to respect the
prohibitions laid down in the Protocol.












(2) Biological Weapons Convention
Convention on the Prohibition of the Development, Production and Stockpiling
of Bacteriological (Biological) and Toxin Weapons and on Their Destruction; Done at Washington, London, and Moscow April 10, 1972; Ratification advised by the Senate December 16, 1974; Ratification deposited March 26, 1975; Proclaimed by the President March 26, 1975; Entered into force March
26 1975 11
The States Parties to this Convention,
Determined to act with a view to achieving e active progress towards general and complete disarmament, including the prohibition and elimination of all types of weapons of mass destruction, and convinced that the prohibition of the development, production and stockpiling of chemical and bacteriological (biological) weapons and their elimination, through effective measures, will facilitate the achievement of general and complete disarmament under strict and effective international control,
Recognizing the important significance of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriologi al Methods of Warfare, signed at Geneva on June 17,1925 '2 and conscious also of the contribution which the said Protocol has already made, and continues to make, to mitigating the horrors of war.
Reaffirming their adherence to the principles and objectives of that Protocol and calling upon all States to comply strictly with them,
Recalling that the General Assembly of the United Nations has repeatedly condemned all actions contrary to the principles and objectives of the Geneva Protocol of June 17,1925,
Desiring to contribute to the strengthening of confidence between peoples and the general improvement of the international atmosphere,
Desiring also to contribute to the realization of the purposes and principles of the Charter of the United Nations,
Convinced of the importance and urgency of eliminating from the arsenals of States, through effective measures, such dangerous weapons of mass destruction as those using chemical or bacteriological (biological) agents,
Recognizing that an agreement on the prohibition of bacteriological (biological) and toxin weapons represents a first possible step towards the achievement of agreement on effective measures also for the prohibition of the development, production and stockpiling of chemical weapons, and determined to continue negotiations to that end,
Determined, for the sake of all mankind, to exclude comT)Ietely the possibility of bacteriological (biological) agents and toxins being used as weapons,
I TIAS 8062. For a list of states which are parties to tbeConvention. see Dept. of State publication. Treaties in Force. See also Executive Order 11850 (section D. volume 1) which discusses U.'S. policy on the uses of chemical herbicides and riot control agents.
2 For text, see page 74.
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77

Convinced that such use would be repugnant to the conscience of mankind and that no effort should be spared to minimize this risk,
Have agreed as follows: ARTICLE I

Each State Party to this Convention undertakes never in any circumstances to develop, produce, stockpile or otherwise acquire or retain:
(1) Aficrobial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protecCve or other peaceful purposes;
(2) Weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict.
ARTICLE 11
Each State Party to this Convention undertakes to destroy, or to divert to peaceful purposes, as soon as possible but not later than nine months after the entry into force of the Convention, all agents, toxins, weapons, equipment and means of delivery specified in article I of the Convention, which are in its possession or under its jurisdiction or control. In implementing the provisions of this article all necessary saf ty precautions shall be observed to protect populations and the environment.
ARTICLE III
Each State Party to this Convention undertakes not to transfer to any recipient whatsoever, directly or indirectly, and not in any way to assist, encourage, or induce any State, group of States or international organizations to manufacture or otherwise acquire any of the agents. toxins, weapons, equipment or means of delivery specified in article of the Convention.
ARTICLE IV
Each State Party to this Convention shall, in accordance with its constitutional processes, take any necessary measures to prohibit and prevent the development, production, stockpiling, acquisition or retention of the agents, toxins, weapons, equipment and means of deliver specified in article I of the Convention, within the territory of sue State, under its jurisdiction or under its control anywhere.

ARTICLE V
The States Parties to this Convention undertake to consult one another and to cooperate in solving any problems which may rise in relation to the objective of, or in the application of the provisions of, the Convention. Consultation and cooperation pursuant to this article may also be undertaken through approT)riate international procedures w *thin the framework of the United Nations and in accordance with its Charter.
ARTICLE VI
(1) Any State Party to this Convention which finds that any other State Party is acting in breach of obligations deriving from the pro-





78
visions of the Convention may lodge a complaint with the Securit Council of the United Nations. Such a complaint should include a1T possible evidence confirming its validity, as well as a request for its consideration by the Securit Council.
(2). Each State Party to this Convention undertakes to cooperate in carrying out any investigation which the Security Council may initiate, in accordance witli-"the provisions of the Charter -of the United Nations, on the basis of the complaint received by the Council. The Security Council shall inform the States Parties to the Convention of the results of the investigation.
ARTICLE VII
Each State Party to this Convention undertakes to provide or supV ort assistance, in accordance with the United Nations Charter, to any arty to the Convention which so requests, if the Security Council decides that such Party has been exposed to danger as a result of violation of the Convention.
ARTICLE VIII
Nothing in this Convention shall be interpreted as iin any -way limiting or detracting from the obligations assumed by any State under the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on June 17,1925.
ARTICLE IX
Each State Party to this Convention affirms the recognized objective of effective prohibition of chemical weapons and, to this end, undertakes to continue negotiations in good faith with a view to reaching early agreement on effective measures for the ion of their
trhibit
development, production and stockpiling., and for t eir destruction, and on appropriate measures concerning equipment and means of delivery specifically designed for the production or use of -chemical agents for weapons purposes.
ARTICLE X
(1) The States Parties to this Convention undertake to facilitate, and, have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the use of bacteriological (biological) agents and toxins for peaceful purposes. Parties to the Convention in a position to do so shall also cooperate in contributing individually or together with other States or international organizations to the further development and application of scientific discoveries in the field -of bacteriology (biology) for prevention of disease, or for other peaceful purposes.
(2) This Convention shall be implemented in a manner designed to avoid hampering the economic or technological development of States Parties to the Convention or international cooperation in the field of peaceful bacteriological (biological) activities, including the international exchange of bacteriological (biological) agents and toxins





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and equipment for the processing, use or production of bacteriological (biological) agents and toxins for peaceful purposes in accordance with the provisions of the Convention.
ARTICLE XI
Any State Party may propose amendments to this Convention. Amendments shall enter into force for each State Party accepting the amendments upon their acceptance by a major tX of the States Parties to the Convention and thereafter for each remaining State Party on the date of acceptance by it.
ARTICLE XII
Op
Five years after the entry into force of this Convention, or earl I ier it it is requested by a majority of Parties to the Convention by submitting a proposal to this effect to the Depositary Governments, a conference of States Parties to the Convention shall be held at Geneva, Switzerland, to review the operation of the Convention, with a view to assuring that the purposes of the preamble and the provisions of the Convention, including the provisions concerning negotiations on chemical weapons, are being realized. Such review shall take into account any new scientific ai d technological developments relevant to the Convention.
ARTICLE
(1) This Convention shall be of unlimited duration.
(2) Each State Party to this Convention shall in exercising its national sovereignty have the right to withdraw from the Convention if it decides that extraordinary events, related to the subject matter of the Convention have jeopardized the supreme interests of its country. It shall give notice of such withdrawal to all other States Parties to the Convention and to the United Nations Securitv Council three months in advance. Such notice shall include a statement of the extraordinary events it regards as having jeopardized its supreme interests.
ARTICLE XIV
(1) This Convention shall be open to all States for signature. Amy State which does not sign the Convention before its entry into force in accordance with paragraph (3) of this Article may accede to it at any time.
(2) This Convention shall be subject to ratification by signatory States. Instruments of ratification and instruments of accessionshall be deDosited with the Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the. Union of Soviet Socialist Republics, which are hereby designated the Depositary Governments.
(3) This Convention shall enter into force after the deposit of instruments of ratification by twenty-two Governments, including the Governments designated as Depositaries of the Convention.
(4) For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Convention, it shall






80

enter into force on the date of the deposit of their instruments of ratification or, accession.
(5) The Depositary Governments shall promptly inform all signatory and acceding States of the date Of each signature, the date of deposit of each instrument of ratification or of accession and the date of the entry into force of this Convention, and of the receipt of other notices.
(6) This Convention shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.

ARTICLE XV
This Convention, the English, Russian, French, Spanish and Chinese texts of which are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of the Convention shall be transmitted by the Depositary Gvrments to the Governments, of the signatory and acceding States.












i. The Antarctic Treaty'
Signed at Washington, D.C.- December 1, 1959; U.S. ratification deposited
August 18,1960; entered into force June 23,1961
The Governments of Argentina, Australia, Belgium, Chile, the French Republic, Japan, New Zealand, Norway, the Union of South Africa, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America,
Recognizing that it is in the interest of all mankind that Antarctica shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord
Acknowledging the substantial contributions to scientific knowledge resulting from international cooperation in scientific investigation in Antarctica;
Convinced that the establishment of a firm foundation for the continuation and development of such cooperation on the basis of freedom of scientific investigation in Antarctica as applied during the International Geophysical Year accords with the interests of science and the progress of all mankind;
Convinced also that a treaty ensuring the use of Antarctica for peaceful purposes only and the continuance of international harmony in Antarefica will further the purposes and principles embodied in the Charter of the United Nations;
Have agreed as follows:
Amcrx I
1. Antarctica shall be used for peaceful purposes only. There shall be prohibited, inter alia, any measures of a military nature, such as the establishment of military bases and fortifications, the carrying out of militia maneuvers, as well as the testing of any type of weapons.
2. present Treaty shall not prevent the use of military personnel or equipment for scientific research or for any other peaceful purpose.

AimcLE II
Freedom of scientific investigation in Antarctica and cooperation toward that end, as applied during the International Geophysical Year, shall continue, subject to the provisions of the present Treaty.

AzncLiE III
I. rn order to promote international cooperation in scientific investigation in Antarctica, as provided for in Article II of the present
IL 12 UST 794; TIAS 4780 -, 402 UNTS 71. For a list of states which are parties to this Treaty, see Dept. of State, publication, Treaties in Porce.
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82

Treaty, the Contracting Parties agree that, to the greatest extent feasible and practicable:
(a) information regarding plans for scientific programs in
Antarctica shall be exchanged to permit maximum economy and
efficiency of operations;
(b) scientific personnel shall be exchanged in Antarctica
between expeditions and stations;
(c) scientific observations and results from Antarctica shall be
exchanged and made freely available.
2. In implementing this Article, every encouragement shall be given to the establishment of cooperative working relations with those Specialized Agencies of the United Nations and other international organizations having a scientific or technical interest in Antarctica.
ARTimm IV
1. Nothing contained in the present Treaty shall be interpreted as:
(a) a renunciation by any Contracting Party of previously
asserted rights of or claims to territorial sovereignty in
Antarctica;
(b) a renunciation or diminution by any Contracting Party of
any basis of claim to territorial sovereIgntj in Antarctica. which it may have whether as a result of its activities or those of its nationals in Antaretica., or otherwise;
(c) prejudicing the position of any Contracting Party as regards its reco-pition or non-recognition of any other State7s right of or claim or basis of claim to territorial sovereignty in
Antarctica.
2. No acts or activities taking -place while the present Treaty is in force shall constitute a basis for asserting, supporting or denying a claim to territorial sovereignty in Antarctica or create any right of sovereignty in Antarctica. No new claim, or enlargement of an existing claim, to territorial sovereignty in Antarctica shall be asserted while the present Treaty. is in force.

AimcL. V
1. Any nuclear explosions in Antarctica and the disposal there of radioactive waste material shall e prohibited.
2. In the event of the conclusion of international agreements. concerning the use of nuclear energy, including nuclear explosions and the disposal of radioactive waste material, to which all of the Contracting Parties whose representatives are entitled to participate in the meetings provided for under Article IX are parties, the rules established under such agreements shall apply in Antarctica.

ARTicLE VI
The provisions of the present Treaty shall apply to the area south of 601 South Latitude, including all ice shelves-, but nothing in the present Treaty shall prejudice or in any way affect the rights,, or the exercise of -the ri ghts, of any State under international law with regard to the high seas within that, area.






83

AmRxcix VII
1. In order to promote the objectives and ensure the observance of the provisions of the present Treaty, each Contracting Party whose representatives are entitled to participate in the meetings referred to in Article IX of the Treaty shall have the right to designate observers to carry out any inspection provided for by the present Article. Observers shall be nationals of the Contracting Parties which designate them The names of observers shall be communicated to every other Contractin Party having the right to designate observers, and like notice shall begiven of the termination of their appointment.
2. Each observer designated in accordance with the provisions of paragraph 1 of this Article shall have complete freedom of access at any time to any or all areas of Antarctica.
3. All areas of Antarctica, including all stations, installations and equipment within those areas, and all ships and aircraft at points of discharging or embarking cargoes or personnel in Antarctica, shall be open at all times to inspection by any observers designated in accordance, with paragraph 1 of this Article.
4. Aerial observation may be carried out at any time over any or all areas of Antarctica by any o6f the Contracting Parties having the right to designate observers.
5. Each Contracting Party shall, at the time when the present Treaty enters into force for it, inform the other Contracting Parties, and thereafter shall give them notice in advance, of
is(a) all expeditions to and within Antarctica, on the part of isships or nationals, and all expeditions to Antarctica organized
in or proceeding from its territory;
(b) all stations in Antarctica occupied by its nationals; and
(c) any military personnel or equipment intended to be introduced by it into Antarctica subject to the conditions prescribed in
paragraph 2 of Article I of the present Treaty.

AirCiaE VIII
1. In order to facilitate the exercise of their functions under the present Treaty, and without prejudice to the respective positions of Contracting Parties relating to jurisdiction over all other persons in Antarctica, observers designated under paragraph 1 of Article VII and scientific personnel exchanged under subparagraph 1 (b) of Article III of the Treaty, and members of the staffs accompanying any such persons, shall be subject only to the jurisdiction of the Contracting Party of which they are nationals in respect to all acts or omissions occurring while they are in Antarctica for the purpose of exercising their functions.
2. Without prejudice to the provisions of paragraph 1 of this Article, and pending the adoption of measures in pursuance of subparagraph 1 f(e) of Article IX, the Contracting Parties concerned in any case of dispute with regard to the exercise of jurisdiction in Antarctica shall immediately consult together with a view to reaching a mutually acceptable solution.





QA
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ARTicLE IX
1. Representatives of the Contracting Parties named in the preamble to the present Treaty shall meet at the City of Canberra within two months -after the date of entry into force of the Treaty, and thereafter at suitable intervals and places, for the purpose of exchanging information, consulting together on matters of common interest pertaining to Antarctica, and formulating and considering, and recom.mending to their Governments, measures in furtherance of the principles and objectives of the Treaty, including measures regarding:
(a) use of Antarctica for peaceful purposes only; ' (b) facilitation of scientific research in Antarctica;
(c) facilitation of international scientific cooperation an Antarctica;
(d) facilitation of the exercise of the rights of inspection provided for in Article VII of the Treaty;
(e) questions relating to the exercise of jurisdiction in
Antarctica.;
(f) preservation and conservation of living resources in
Antarctica.
2. Each Contracting Party which has become a party to the present Treaty by accession under Article XIII shall be entitled to appoint representatives to participate in the meetings referred to in paragraph 1 of the present Article, during such time as that Contractii g Party demonstrates its interest in Antarctica by conducting substantial scientific research activity there, such as the establishment of a scientific station or the despatch of a scientific, expedition.
3. Reports from the observers referred to in Article VII of the present Treaty shall be transmitted to the representatives of the Contracting Parties participating in the meetings referred to in paragraph 1 of the present Article.
4. The measures referred to in paragraph 1 of this Article shall become effective when approved by all the Contracting Parties whose representatives were entitled to participate in the meetings held to consider those measures.
5. Any or all of the rights established in the present Treaty may be exercised as -from the date of entry into force of the Treaty whether or not any measures facilitating the exercise of such rights have been proposed, considered or approved as provided in this Article.
AmnoLz, X
Each of the Contracting Parties undertakes to exert appropriate efforts, consistent with the Charter of the United Nations, to the end that no one engages in any activity in Antarctica contrary to the principles or purposes of the present Treaty.
ARTICM XI
1. If any dispute arises between two or more of the Contracting Parties concerning the interpretation or application of the present Treaty, those Contracting Parties shall consult among themselves with a view to having the dispute resolved by negotiation, inquiry, media-




85

tion, conciliation, arbitration, judicial settlement or other peaceful means of their own choice.
2. Any dispute of this character not so resolved shall, with the consent, in each case, of all parties to the dispute, be referred to the International Court of Justice for settlement; but failure to reach agreement on reference to the International Court shall not absolve parties to the dispute from the responsibility of continuing to seek to resolve it
C-1
by any of the various peaceful means referred to in paragraph 1 of this Article.

AimcLE XII
1. (a) The present Treaty may be modified or amended at any time by unanimous agreement ofthe Nntracting Parties whose representatives are entitled to participate in the meetings provided for under Article IX. An such modification or amendment shall enter into force when the depositary Government has received notice from all such Contracting Parties that they have rat.1 fied it.
(b) Such modification or amendment shall thereafter enter into force as to any other Contracting Party when notice of ratification by it has been received by the depositary Government. Any such Contracting Party from which no notice of ratification is received within a period of two years from the date of entry into force of the modification or amendment in accordance with the provisions of subparagraph 1 (a) of this Article shall be deemed to have withdrawn f rom tKe present Treaty on the date of expiration of such period.
2. (a) If after the expiration of thirty years from the date of entry into force of the present Treaty, any of the Contracting Parties whose representatives are entitled to participate in the meetings provided for under Article IX so requests by a communication addressed to the depositary Government, a Conference of all the Contracting Parties shall be held as soon as practicable to review the operation of the Treaty.
(b) Any modification or amendment to the present Treaty which is approved at such a Conference by a majority of the Contracting Parties there represented, including a majority of those whose, representatives are entitled to participate in the meetings provided for under Article TX. shall be communicated by the depositary Government to all the Contracting Parties imniediaiely after the termination of the Conference and shall enter into force in accordance with the provisions of paragraph I of the present Article.
(c) If any such modification or amendment has not entered into force in accordance with the provisions of subparagraph 1 (a) of this Article within a period of two years after the date of its communication to all the Contracting Part-les, any Contracting Party may at any time after the expiration of that period give notice to the depositary Government of its withdrawal from the present Treaty; and such withdrawal shall take effect two years after the receipt of the not-ice by the depositary Government.
ARTicix XIII
1. The present Treaty shall be subject to ratification by the signatory States. It shall be open for accession by any State which is a






86
Member of the United Nations, or by any other State which may be invited to accede to the Treaty withthe consent of all the Contracting Parties whose representatives are entitled to participate in the meetings' provided for under Article IX of the Treaty.
2. Ratification of or accession to the present Treaty shall be effected by each State in accordance with its constitutional processes.
3. Instruments of ratification and instruments of accession shall be deposited with the Government of the United States of America, hereby designated as the depositary Government.
4. The depositary Government shall inform all signatory and acceding States of the date of each deposit of an instrument of ratification or accession, and the* date of entry into force of the Treaty and of any modification or amendment thereto.
5. Upon the deposit of instruments of ratification by all the signatory States, the present Treaty shall enter into force for those States and for States which have deposited instruments of accession. Thereafter the Treaty shall enter into force for any acceding State upon the deposit of its instrument of accession.
6. The present Treaty shall be registered by the depositary Government pursuant to Article 102 of the Charter of the United Nations.
ARTicix XIV
The present Treaty, done in the English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited in the archives of the Government of the United States of America, which shall transmit duly certified copies thereof to the Governments of the signatory and acceding States.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly authorized, have signed the present Treaty.
DONEat Washington this first day of December, one thousand nine hundred and fifty-nine.























E. DEPARTMENT OF STATE

CONTENTS

1. State Department Procedures on Treaties and Other International Page
Agreements (partial text of circular 175) ------------------------- 89
2. Organization and Administration --------------------------------- 104
a. Responsibilities of Chiefs of U.S. Diplomatic Missions -------- 104
b. Interdepartmental Operations of the U.S. Government Overseas- 106
(1) The National Security Council System (Presidential
Directive/NSC-2) ------------------------------ 106
3. Passport Regulations -------------------------------------------- 109
a. Re ulations of the Secretary of State, as amended (Subjects:
nationality Procedures, Pas rts Marriage, Travel Control
Wo e I ency) ------------------ 109
in Time of War or National m rg
b. Presidential Proclamation 3004 (Control of Persons Leaving or
Entering the United States) ----------------------------- 135
4. Regulations of the Secretary of State (Acceptance of Gifts and Decorations From Foreign Governments) ------------------------------- 138
5. Migration and Refugee Assistance -------------------------------- 141
a. Protocol Relating to the Status of Refugees (with reservation) 141 b. Convention Relating to the Status of Refugees --------------- 145




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1. State Department Procedures on Treaties and Other International Agreements; partial text Circular 175 dated October
25, 1974, 11 FAM 700
710 PURPOSE
a. The purpose of this chapter is to facilitate the application of orderly and uniform measures and procedures the negotiation, signature, publication, and registration of treaties and other international agreements of the United States. It is also designed to facilitate the maintenance of complete and accurate records on treaties and agrreements and the publication of authoritative information regarding them.
b. The chapter is not a catalog of all the essential guidelines or information pertaining to the making and application of international agreements. It is limited to guidelines or information necessary for general guidance.
711 Disclaimer
This chapter is intended solely as a general outline of measures and procedures ordinarily followed which, it is recognized, cannot anticipate all circumstances or situations that may arise. Deviation or derogation from the provisions of this chapter will not invalidate actions taken by officers nor affect the validity of negotiations engaged in or of treaties or other agrreements concluded.' 7920 NEGOTIATION AND SIGNA TURE 7920.1 Circular 175 Procedure
This subchapter is a codification of the sublstance of Department Circular No. M,5 December 13, 1955, as amended, on tlip negotiation and signature of treaties and other international agreements. It may be referred to for convenience and continuity as the "Circular 175 Procedure."
7920.92 General Objectives
The objectives are:
a. That the making of treaties and other international agreements for the United States is carried out within constitutional and other appropriate limits;
b. That the objectives to be sought in the negotiation of particular treaties and other international agreements are approved by the Secretary or an officer specifically authorized by him for that purpose;
c. That timely and appropriate consultation is had with congressional leaders and committees on treaties and other international agreements;
d. That where, in the opinion of the Secretary of State or his
I Deletcd material mnay be found In the following published source: RovIne, Arthur W. Dige8t of United States, Practice in DIternzationial Lail, 1.97., Washington, D.C., U.S. Government Printing Office, 1975, pp. 199-215.





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designee, the circumstances permit, the public be given an opportunity to comment on treaties and other international agreements;
e. That firm positions departing from authorized positions are not undertaken witEout the approval of the Legal Adviser and interested assistant secretaries or their deputies;
f. That the final texts developed are approved by the Legal Adviser and the interested assistant secretaries or their deputies and, when required, brought a reasonable time before signature to the attention of the Secretary or an officer specifically deslg nated by him for that purpose;
z. That authorization to sign the final text is obtained and appropriate arranLrements for signature are made; .
h. That tlTere is -compliance with the requirements of Public Law
0 0 1
92-403 on the transmission of the texts of international agreements other than treaties to the Congress (see section 724) ; the law on the publication of treaties and other international agreements (see section 725) ; and treaty provisions on registration (see 'Section 750.3-3) 721 Exercise of the International Agreement Power 721.1 Determination of Type of Agreement
The following considerations will be taken into account along with other relevant factors in determining whether an international agreement shall be dealt with by the United States as a treaty to be brought into force with the advice and consent of the Senate, or as an agreement to be brought into force on some other constitutional basis. 721.2 Constitutional Requirements
There are two procedures under the Constitution through which the United States becomes a party to international agreements. Those procedures and the constitutional parameters of each are: a. Treaties
International agreements (regardless of their title, designation, or 'form) whose entry into force w4th respect to the United States takes
place only after the Senate has given its advice and consent are treaties." The President, with the advice and consent of two-thirds of the Senators present, may enter into an international agreement on 'any subject genuinely of concern in foreign relations, so long as the agreement does not contravene the United States Constitution; and b. International Agreements Other Than Treaties
International agreements brought into force with respect to the United States on a. constitutional basis other than with the advice and consent of the Senate are "international agreements other than treaties." (The term "executive agreement" iis appropriately reserved for agreements made solely on the basis of the constitutional authority of the President.) There are three constitutional bases for international agreements other than treaties as set forth below. An international agreement may be concluded pursuant to one or more of these constitutional bases:
(1) Agreements Pursuant to Treaty
The President may conclude an international agreement pursuant to a treaty brought into force with the advice and consent of the Senate, whose provisions constitute authorization for the agreement by the Executive without subsequent action by the Congress;