ters relating to the detailed inspection procedures may be altered through agreement of the Parties in order to facilitate the implementation of the Treaty regime.

The final paragraph records that the Protocol was done at Washington on December 8, 1987, in two copies, each in the English and Russian language, both texts being equally authentic.

ANNEX ON PRIVILEGES AND IMMUNITIES OF INSPECTORS AND AIRCREW MEMBERS

Much as diplomats everywhere are generally granted diplomatic privileges and immunities in order that they can carry out their duties without interference, the Parties have agreed in this Annex that inspectors and aircrew members acting pursuant to the Treaty shall also be entitled to appropriate privileges and immunities. The privileges and immunities set forth in the Annex apply to inspectors and aircrew members during the in-country period, and thereafter with respect to acts performed during the course of their official functions as inspectors or aircrew members. The Annex draws upon the Vienna Convention on Diplomatic Relations of April 18, 1961 2 (the Vienna Convention), which is the primary international agreement governing such privileges and immunities.

Paragraph 1 of the Annex provides that inspectors and aircrew members will enjoy the inviolability accorded diplomatic agents under Artricle 29 of the Vienna Convention. Article 29 of the Vienna Convention provides: "The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.'

Paragraph 2 of the Annex provides that the living quarters and office premises of inspectors carrying out inspection activities by means of continuous portal monitoring pursuant to paragraph 6 of Article XI of the Treaty will be accorded the inviolability and protection accorded the premises of diplomatic agents under Article 30 of the Vienna Convention. Article 30 of the Vienna Convention provides, in pertinent part: "1. The private residence of a diplomatic agency shall enjoy the same inviolability and protection as the premises of the mission.

Paragraph 3 of the Annex provides that the papers and correspondence of inspectors and aircrew members will enjoy the inviolability accorded to the papers and correspondence of diplomatic agents pursuant to Article 30 of the Vienna Convention, and that the aircraft of the inspection team will be inviolable. Article 30 of the Vienna Convention provides, in pertinent part: "2. His papers, correspondence and, except as provided in paragraph 3 of Article 31, his property, shall likewise enjoy inviolability.'

Paragraph 4 of the Annex provides that inspectors and aircrew members will be accorded the immunities of diplomatic agents pursuant to paragraphs 1, 2, and 3 of Article 31 of the Vienna Convention, but that these immunities may be waived by the Inspecting

2 Vienna Convention on Diplomatic Relations, done at Vienna on April 18, 1961, 23 UST 3227, 500 UNTS 95. The United States and the Soviet Union are both parties to the Vienna Convention.

Party if that Party believes that immunity would impede the course of justice and if it believes that the waiver would not prejudice implementation of the Treaty. Paragraphs 1, 2, and 3 of Article 31 of the Vienna Convention provide:

1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:

(a) a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;

(b) an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;

(c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.

2. A diplomatic agent is not obliged to give evidence as a wit

ness.

3. No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under sub-paragraphs (a), (b) and (c) of paragraph 1 of this Article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence. Paragraph 5 of the Annex provides that inspectors carrying out inspection activities by means of continuous monitoring pursuant to paragraph 6 of Article XI of the Treaty will have the same exemption from dues and taxes accorded to diplomatic agents pursuant to Article 34 of the Vienna Convention. Article 34 of the Vienna Convention provides that:

A diplomatic agent that shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except: (a) indirect taxes of a kind which are normally incorporated in the price of goods or services;

(b) dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;

(c) estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of Article 39 [of the Vienna Convention];

(d) dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertakings in the receiving State;

(e) charges levied for specific services rendered;

(f) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of Article 23 [of the Vienna Convention]. Paragraph 6 of the Annex states that inspectors and aircrew members may import, without payment of customs duties or related charges, articles for their personal use, except for articles that are prohibited by law or controlled by quarantine regulations.

Paragraph 7 of the Annex states that inspectors and aircrew members may not engage in any professional or commercial activity for personal profit on the territory of the Inspected Party or that of a Basing Country.

Paragraph 8 of the Annex states that the Parties will consult in the event that the Inspected Party considers that there has been an abuse of the privileges and immunities specified in the Annex. ARTICLE-BY-ARTICLE ANALYSIS OF THE AGREEMENT AMONG THE UNITED STATES OF AMERICA and the Kingdom of BELGIUM, THE FEDERAL REPUBLIC OF GERMANY, THE REPUBLIC OF ITALY, THE KINGDOM OF THE NETHERLANDS AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND REGARDING INSPECTIONS RELATING TO THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE UNION OF SOVIET SOCIALIST REPUBLICS ON THE ELIMINATION OF THEIR INTERMEDIATE-RANGE AND SHORTER-RANGE MISSILES

STRUCTURE AND OVERVIEW OF THE AGREEMENT

The Basing Country Agreement (the Agreement) consists of seven Articles and an Annex on the privileges and immunities of inspectors and aircrew members.

The Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles confers the right to conduct inspections not only in the United States and the Soviet Union, but also within the territory of other countries within which U.S. and Soviet missile systems subject to the Treaty are located. In order for the United States to guarantee Soviet access to the territory of its Western European Allies for the purpose of conducting inspections, the authorization of the Allies had to be obtained. In the Basing Country Agreement, the Basing Countries agree to permit inspections on their territory and to facilitate on their territory the implementation by the United States of its obligations under the Treaty and the Protocol on Inspection. The undertakings of the Basing Countries in the Basing Country Agreement correspond to the underlying undertakings of the United States in the Treaty, including the Protocol on Inspection.

ARTICLE I-GENERAL PROVISIONS

Article I sets forth the general provisions of the Agreement, including authorization of Soviet inspections in the Basing Countries, facilitation by the Basing Countries of U.S. obligations under the Treaty, including the Protocol on Inspection, various reservations of rights by the Basing Countries, and the undertaking by the United States to remain responsible for its obligations and to protect and preserve the rights of the Basing Countries under the Agreement.

Paragraph 1 of Article I constitutes the basic agreement of the Basing Countries that the inspection activities provided for in Article XI of the Treaty may take place on their territories. Paragraph 1 also stipulates that such inspections must be carried out in accordance with the requirements, procedures, and arrangements set

forth in the Protocol on Inspection. Article XI of the Treaty describes the various types of inspections which each Party may conduct, including "baseline" initial inspections to verify the updated data provided immediately following entry into force of the Treaty (paragraph 3), "close-out" inspections to verify the elimination of specified facilities (paragraph 4), "short-notice" inspections of specified facilities (paragraph 5), inspection of the process of elimination (paragraph 7), and inspections to confirm the completion of the process of elimination (paragraph 8). The protocol on Inspection specifies the procedures that govern the conduct of each type of inspection.

Paragraph 2 of Article I constitutes the Basing Countries' undertaking to facilities implementation by the United States of its obligations under the Treaty with respect to inspection activities taking place on their territories.

Paragraph 3 of Article I confirms the principle that, except as otherwise agreed, the Basing Countries reserve their sovereign authority to enforce their laws and regulations with respect to persons entering, and activities taking place within, their jurisdiction. Paragraph 4 of Article I sets forth the understanding that the Basing Countries assume no obligations and grant no rights deriving from the Treaty or the Protocol on Inspection other than those expressly undertaken or granted in the Agreement.

Paragraph 5 of Article I confirms that the United States remains fully responsible to the Soviet Union for the fulfillment of its obligations under the Treaty and the Protocol on Inspection with respect to U.S. facilities located in the Basing Countries. Paragraph 5 also sets forth the commitment of the United States to the Basing Countries to take such action, in exercising its rights under the Treaty and the Protocol on Inspection, as may be required to protect the rights and the Basing Countries under the Agreement.

ARTICLE II-DEFINITIONS

Article II sets forth the definitions of the terms used in the Agreement. Definitions are provided for the following terms: (1) Treaty, (2) Inspection Protocol, (3) Inspected Party, (4) Inspecting Party, (5) Inspection team (6) inspector, (7) diplomatic aircrew escort, (8) inspection site, (9) period of inspection, (10) point of entry, (ii) in-country period, (12) in-country escort, and (13) aircrew member.

Paragraph 1 of Article II defines "Treaty" as the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles.

Paragraph 2 of Article II defines "Inspection Protocol" as the Protocol Regarding Inspection Relating to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and ShorterRange Missiles.

Paragraph 3 of Article II defines "Inspected Party" as the United States.

Paragraph 4 of Article II defines "Inspecting Party" as the Soivet Union.

Paragraph 5 of Article II defines "inspection team" as those inspectors designated by the Inspecting Party to conduct a particular inspection activity.

Paragraph 6 of Article II defines "inspector" as an individual who is proposed by the Soviet Union to carry out inspections pursuant to Article XI of the Treaty, and who is included on its list of inspectors in accordance with section III of the Protocol on Inspection. Section III of the Protocol provides for the naming of proposed inspectors and aircrew members by each Party to the Treaty and specifies the grounds on which the other Party may object to an individual.

Paragraph 7 of Article II defines "diplomatic aircrew escort" as that individual who is accredited to the government of the Basing Country in which the inspection site is located and who is designated by the Inspecting Party to assist the aircrew of the Inspecting Party.

Paragraph 8 of Article II defines "inspection site" as the area, facility, or location in a Basing Country at which an inspection provided for in Article XI of the Treaty is carried out.

Paragraph 9 of Article II defines "period of inspection" as the period from initiation of the inspection at the inspection site until completion of the inspection at the inspection site, exclusive of the time spent on any pre-inspection and post-inspection procedures.

Paragraph 10 of Article II defines "point of entry" as: Brussels (National) for Belgium; Frankfurt (Rhein Main Airbase) for the Federal Republic of Germany; Rome (Ciampino) for the Republic of Italy; Schiphol for the Kingdom of the Netherlands, and RAF Greenham Common for the United Kingdom of Great Britain and Northern Ireland.

Paragraph 11 of Article II defines "in-country period" as the period from the arrival of the inspection team at the point of entry until departure of the inspection team from the point of entry to depart the country.

Paragraph 12 of Article II defines "in-country escort" as the official or officials specified by the Inspected Party, one or more of whom may be nominated by the Basing Country within whose territory the inspection site is located, who shall accompany an inspection team throughout the in-country period and provide appropriate assistance to an inspection team in accordance with the provisions of the Protocol on Inspection, throughout the in-country period.

Paragraph 13 of Article II defines "aircrew member" as an individual, other than members of an inspection team, diplomatic aircrew escort, and in-country escort, on the aircraft of the Inspecting Party. The paragraph also stipulates that the number of aircrew members per aircraft shall not exceed ten.

ARTICLE III-NOTIFICATIONS

Article III sets forth the commitment of the United States to provide each Basing Country with advance notice of any inspections to be conducted by the Soviet Union in that Basing Country. The notifications to be provided by the United States to the Basing Coun