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Section VI of the MOU. For launchers, paragraph 9 of Article VII provides that the number of missiles that each launcher of an existing type of imtermediate-range missile or shorter-range missile is capable of carrying or containing is the number specified for launchers of missiles of that type in Section VI of the MOU.

In sum, 29 months after the entry into force of the Treaty, each Party must not have more deployed intermediate-range_launchers than the number considered to carry 171 warheads, not have more deployed intermediate-range missiles than the number considered to carry 180 warheads, not have more combined deployed and nondeployed intermediate-range launchers than the number considered to carry 200 warheads, and not have more combined deployed and non-deployed intermediate-range missiles than the number considered to carry 200 warheads.

Subparagraph 2(b) of Article IV provides that, by the end of the second phase, which will be no later than three years after the entry into force of the Treaty, all intermediate-range missiles, their launchers, support structures, and support equipment of the categories listed in the MOU must be eliminated by the Parties.

ARTICLE V-ELIMINATION OF SHORTER-RANGE MISSILES

Paragraph 1 of Article V provides for the elimination of the shorter-range missiles of each Party, along with launchers of such missiles and associated support equipment, within a single period of 18 months after the entry into force of the Treaty. Thus, there is only one phase for reductions of shorter-range missiles during which shorter-range missiles, their launchers, and associated support equipment must be eliminated. After elimination, the Parties are not permitted to possess any shorter-range missiles, launchers of such missiles, or associated support equipment.

Paragraphs 2 and 3 of Article V restrict the locations of shorterrange missiles and their launchers during the 18-month elimination period. Paragraph 2 requires that, within 90 days of entry into force of the Treaty, each Party move all of its deployed shorterrange missiles, as well as all of its deployed and non-deployed launchers of shorter-range missiles, to the elimination facilities specified in the MOU (or in subsequent data updates) and retain them there until they are destroyed in accordance with Section II of the Protocol on Elimination. Within 12 months after entry into force of the Treaty, each Party shall move all of its non-deployed shorter-range missiles to the elimination facilities specified in the MOU (or in subsequent data updates) and shall retain them there until they are destroyed, in accordance with Section II of the Protocol on Elimination, during the 18-month elimination period. The requirement to move shorter-range missile systems to elimination facilities early in the elimination period is commonly referred to as the "corral" concept.

Paragraph 3 of Article V provides that shorter-range missiles and launchers of shorter-range missiles must not be located at the same elimination facility. Elimination facilities for shorter-range missiles and elimination facilities for launchers of shorter-range missiles must be separated from each other by at least 1000 kilome

ters.

The locational restrictions in paragraphs 2 and 3 of Article V, together, with those in paragraph 3 of Article VIII, are intended to ensure that shorter-range missiles and their launchers are removed from operational status as soon as possible after entry into force of the Treaty. Given the fact that the Soviet Union has a monopoly on deployed shorter-range missiles, this provision will contribute significantly to NATO's security with respect to the threat posed by shorter-range missiles during the early stages of the implementation of the Treaty.

ARTICLE VI-PRODUCTION AND FLIGHT-TEST BANS

Paragraph 1 of Article VI provides that, upon entry into force of the Treaty and thereafter, neither Party may produce or flight-test any intermediate-range missile, or produce any stages or launchers of such missiles. Paragraph 1 also provides that neither Party may produce, flight-test, or launch any shorter-range missiles, or produce any stages or launchers of such missiles. The term "produce" in this context means any industrial activity involving the construction of one or more missiles, stages, or launchers subject to the provisions of the Treaty. The obligation not to produce intermediate-range and shorter-range missiles, as well as their stages and launchers, prohibits the Parties from producing such items for third parties.

A flight-test ban is a natural element in any treaty that eliminates an entire class of missile systems. It serves to strengthen the production ban. Any covertly produced missile could not be adequately flight-tested without likely U.S. detection. Without realistic testing, a Party's confidence in the operational capability of any covertly-produced missile system would be degraded.

The reason launches of shorter-range missiles are prohibited, but allowed for intermediate-range missiles, is that intermediate-range missiles may be lauched for the purpose of destroying them. Paragraph 5 of Article X provides that, within the first six months after entry into force of the Treaty, each Party has the right to eliminate by means of such launching up to 100 of its intermediaterange missiles. This right is limited to this six-month period in order to preclude prohibited flight-testing under the guise of lauching to destruction. Restrictions and conditions on eliminations by means of launching are provided for in Articles IX and XI of the Treaty and in Section III of the Protocol on Elimination.

Paragraph 2 of Article VI provides that, notwithstanding the paragraph 1 prohibition against producing stages of intermediaterange GLBMs, each Party has the right to produce a type of GLBM not limited by the Treaty even if that missile uses one stage that is outwardly similar to, but not interchangeable with, a stage of an existing type of intermediate-range GLBM having more than one stage. Paragraph 2 further provides that a Party may not produce any other stage that is outwardly similar to, but not interchangeable with, any other stage of an existing type of intermediate-range GLBM. This provision takes into account the outward physical similarity between the first stage of the SS-25 ICBM and the first stage of the SS-20, which is an existing type of intermediate-range GLBM. The effect of paragraph 2 is to make clear that the Treaty

does not prohibit the Soviets from continuing to produce the SS-25 ICBM, which is not limited by this Treaty, on the basis that it has a first stage outwardly similar to, but not interchangeable with, the first stage of the SS-20. The United States has a reciprocal right with regard to one stage of its own Pershing missile system should it choose to exercise it. Paragraph 2 prohibits the Parties from producing more than one stage that is outwardly similar to any stage of an existing type of intermediate-range GLBM.

ARTICLE VII-COUNTING RULES

Article VII contains counting rules and type rules that are critical to the operation of the Treaty. Counting rules in arms control agreements provide formal and legally binding recognition by the Parties that specified items will be counted in a certain way. Type rules provide formal and legally binding recognition by the Parties that once a specified object is counted in a certain way, then all objects of that type will be counted in that same way. Such rules are important because they provide a mechanism for verifying compliance with the provisions of an agreement.

Paragraph 1 of Article VII provides that if a ballistic missile or cruise missile has been flight-tested or deployed for weapon delivery, then all missiles of that type will be considered to be weapondelivery vehicles. When read in conjunction with paragraph 1 of Article II, which defines a ground-launched ballistic missile in terms of a "weapon-delivery vehicle," paragraph 1 of Article VII defines a weapon-delivery vehicle in such a way as to relieve a Party from having to prove that every missile of a particular type has been tested or deployed as a weapon-delivery vehicle; rather, it is sufficient to demonstrate that merely one missile of that type has been flight-tested or deployed as a weapon-delivery vehicle in order to establish for the purpose of the Treaty that all missiles of that type are weapon-delivery vehicles.

Paragraph 2 of Article VII states that if a GLBM or GLCM is an intermediate-range missile, then all GLBM or GLCMs of that type will be considered to be intermediate-range missiles. Similarly, if a GLBM or a GLCM is a shorter-range missile, then all GLBMs or GLCMs of that type shall be considered to be shorter-range missiles.

Paragraph 2 works in conjunction with all of the other Treaty provisions that refer to intermediate-range missiles or shorterrange missiles; it has the effect of a type rule, making such provisions applicable to all GLBMs and GLCMs if a single GLBM or GLCM of that type is an intermediate-range or shorter-range missile. "Intermediate-range missile" and "shorter-range missile" are defined in paragraphs 5 and 6, respectively, of Article II.

Paragraph 3 of Article VII provides that if a type of GLBM is developed and tested solely to intercept and counter objects not on the surface of the Earth, then it will not be considered to be a GLBM subject to the Treaty. Paragraph 3 thus provides an explicit exception to paragraphs 1 and 2 of Article VII, and applies to such ground-launched ballistic missiles as anti-satellite missiles (ASATs), anti-ballistic missile systems (ABMs), and air defense or surface-toair missiles (SAMs).

Paragraph 4 of Article VII establishes criteria for defining the range capability of GLBMS and GLCMs not specified in Article III. For purposes of the Treaty, the range capability of a GLBM not listed in Article III is defined as its maximum tested range. The range capability of a GLCM not listed in Article III is defined as the maximum distance it can cover, while flying in its standard design mode, before it runs out of fuel. Distance is calculated by projecting the flight path of the GLCM onto the Earth's sphere from the point of launch to the point of impact.

Paragraph 4 also describes intermediate-range missiles and shorter-range missiles in terms of their range capability. A shorterrange GLBM or GLCM is a missile with a range capability equal to or greater than 500 kilometer but not greater than 1000 kilometers. An intermediate-range GLBM or GLCM is defined as a missile with a range capability greater than 1000 kilometers but not greater than 5500 kilometers.

Paragraph 5 of Article VII provides that the maximum number of warheads considered to be carried by an existing type of intermediate-range missile or shorter-range missile is the number of warheads specified for missiles of that type in Section VI of the MOU. The specification of the number of warheads associated with an existing type of intermediate-range missile is necessary in order to calculate compliance with the warhead limits pertaining to intermediate-range missiles provided for in Article IV.

Paragraph 6 of Article VII provides that each GLBM or GLCM will be considered to carry the maximum number of warheads for a missile of that type specified in Section VI of the MOU. Thus, when the Parties apply paragraph 2 of Article IV to determine whether they have sufficiently reduced the warheads on intermediate-range missiles to meet their obligations for the first phase of reductions, they will use the maximum number of warheads associated with that type of intermediate-range missile as specified in Section VI of the MOU.

Paragraph 7 of Article VII provides that if a launcher has been tested for launching a GLBM or a GLCM, then all launchers of that type will be considered to have been tested for launching GLBMS or GLCMs, respectively. This paragraph works in conjunction with the Treaty provisions that refer to the testing of GLBM launchers or GLCM launchers; it has the effect of a type rule, making such provisions applicable to all launchers of a given type if a single launcher of that type has been tested to launch a GLBM or a GLCM, respectively. "GLBM launcher" and "GLCM launcher" are defined in paragraphs 3 and 4, respectively, of Article II.

Paragraph 8 of Article VII provides that if a launcher has contained, or has launched, a particular type of GLBM or GLCM, then all launchers of that type will be considered to be launchers of that type of GLBM or GLCM, respectively. This paragraph has the effect of a type rule. Thus, if one launcher of a type has been tested for launching a GLBM or a GLCM, then all launchers of that type will be considered GLBM or GLCM launchers, respectively, and thus will be subject to the Treaty.

Paragraph 9 of Article VII provides that each launcher of an existing type of GLBM or GLCM will be considered capable of carrying or containing the number of missiles specified in Section VI of

the MOU for that type of launcher. Thus, when the Parties apply paragraph 2 of Article IV to determine whether they have sufficiently reduced the warheads associated with intermediate-range missile launchers, they will use the number of GLBMs or GLCMS that the launcher of that type is considered capable of carrying, as specified in Section VI of the MOU, and, pursuant to paragraph 5 of Article VII which provides the warhead counting rule for GLBMS and GLCMs, multiply that number times the maximum number of warheads associated with that type of GLBM or GLCM, as specified in Section VI of the MOU.

Paragraph 10 of Article VII provides counting rules for GLBMs and GLCMs. These rules define how GLBMS and GLCMS are accounted for under the terms of the Treaty. The purpose of these provisions is to facilitate verification of compliance with the Treaty by identifying those features of the missile systems most easily observable by national technical means of verification.

Subparagraph (a) of paragraph 10 states that, for GLBMs stored or moved in separate stages (such as the Pershing II), the longest stage of an intermediate-range or shorter-range GLBM will be counted as a complete missile. This means that each longest stage of such a GLBM will be counted as one complete missile. The Protocol on Elimination requires, however, that all stages of existing types of GLBMs be eliminated.

Subparagraph (b) of paragraph 10 of Article VII provides that, for GLBMs not stored or moved in separate stages (such as the SS20), a canister of the type used in the launch of an intermediaterange GLBM will be counted as a complete missile, unless a Party proves to the satisfaction of the other Party that the canister does not contain such a missile. This means that such a GLBM canister will be counted as one complete GLBM. This canister counting rule serves an important verification purpose. Soviet missiles typically are kept in canisters. By virtue of this rule, if the United States detects a canister subject to the provisions of the Treaty, it will be entitled to consider that canister to contain a missile of the type associated with that canister, unless the Soviet Union can demonstrate to the satisfaction of the United States that the canister does not contain such a missile. Such a demonstration could involve onsite inspection, national technical means of verification, or cooperative measures. Absent such a Soviet demonstration, each Soviet canister counts as one missile for purposes of Treaty limitations. Also, pursuant to the Protocol on Elimination, canisters of prohibited types of intermediate-range and shorter-range missiles must be eliminated along with their associated missiles. In addition, subparagraph (b) of Article 10 provides that, for GLBMs not stored or moved in separate stages, an assembled intermediate-range or shorter-range GLBM shall be considered a completed missile.

Subparagraph (c) of paragraph 10 states that, for GLCMs, the airframe of an intermediate-range or shorter-range GLCM will be counted as a complete missile. This means that the airframe of a GLCM will be counted as if it were a complete missile.

Paragraph 11 of Article VII provides that a ballistic missile not intended for use in a ground-based mode will not be considered to be a GLBM subject to the Treaty if: (a) it is test-launched at a test site from a fixed, land-based launcher that is used solely for test

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