5. For the purposes of the Treaty, all underground nuclear explosions at the specified test sites shall be considered nuclear weapon tests and shall be subject to all the provisions of the Treaty relating to nuclear weapon tests. The provisions of Article III of the Treaty apply to all underground nuclear explosions conducted outside of the specified test sites, and only to such explosions.

This Protocol shall be considered an integral part of the Treaty.

DONE at Moscow on July 3, 1974.

For the United States of America:

RICHARD M. NIXON,

The President of the United States of America

For the Union of Soviet Socialist Republics:

L. BREZHNEV,

General Secretary of the Central Committee of the CPSU.

Treaty Between the United States of America and the Union of Soviet Socialist Republics on Underground Nuclear Explosions for Peaceful Purposes (and Protocol Thereto)

In preparing the Threshold Test Ban Treaty (TTBT) in July 1974, the United States and the Soviet Union recognized the need to establish an appropriate agreement to govern underground nuclear explosions for peaceful purposes (PNEs). There is no essential distinction between the technology of a nuclear explosive device which would be used as a weapon and the technology of a nuclear explosive device used for a peaceful purpose.

Negotiations on the PNE agreement contemplated in Article III of the TTBT began in Moscow on October 7, 1974, and after six negotiating sessions over a period of 18 months, resulted in the Treaty on Underground Nuclear Explosions for Peaceful Purposes in April 1976. The agreement consists of a treaty, a detailed protocol to the treaty, and an agreed statement delineating certain important activities which do not constitute a peaceful application as that term is used in the treaty.

The PNE Treaty will govern all nuclear explosions carried out at locations outside the weapons test sites specified under the Threshold Test Ban Treaty.

The two nations agreed: not to carry out any individual nuclear explosions having a yield exceeding 150 kilotons; not to carry out any group explosion (consisting of a number of individual explosions) having an aggregate yield exceeding 1,500 kilotons; and not to carry out any group explosion having an aggregate yield exceeding 150 kilotons unless the individual explosions in the group could be identified and measured by agreed verification procedures. The parties also reaffirmed their obligations to comply fully with the Limited Test Ban Treaty of 1963.

The parties reserve the right to carry out nuclear explosions for peaceful purposes in the territory of another country if requested to do so, but only in full compliance with the yield limitations and other provisions of the PNE Treaty and in accord with the Non-Proliferation Treaty.

Articles IV and V of the PNE Treaty set forth the agreed verification arrangements. In addition to the use of national technical means, the

treaty states that information and access to sites of explosions will be provided by each side, and includes a commitment not to interfere with verification means and procedures.

The protocol to the PNE Treaty sets forth the specific agreed arrangements for assuring that no weapon-related benefits precluded by the Threshold Test Ban Treaty are derived by carrying out a nuclear explosion for peaceful purposes, including provisions for both detailed information and the rights and functions of observers.

The central problem to be solved through observation procedures is that of ensuring that no single nuclear device will be exploded with a yield exceeding 150 kilotons. Special procedures are required when the aggregate yield of a group explosion is larger than 150 kilotons. It is necessary for observers, using appropriate equipment, at the site of a group explosion to determine the yield of each of the individual explosive devices making up the group explosion.

The protocol spells out the procedures to be followed during the observation process, including such specifics as the number of observers, the geographical extent of their access, and the provision of certain information, such as maps of the area of the explosion, to assist in the planning of their activities.

In addition, the protocol provides for certain necessary privileges and immunities to be granted to observer personnel and their equipment, and for housing and working facilities to assure their freedom to carry out their rights and functions effectively.

The agreed statement that accompanies the treaty specifies that a "peaceful application" of an underground nuclear explosion would not include the developmental testing of any nuclear explosive. Such testing must be carried out at the nuclear weapon test sites specified by the terms of the TTBT, and therefore, is treated as the testing of a nuclear weapon.

The provisions of the PNE Treaty, together with those of the TTBT, establish a comprehensive system of regulations which will govern all underground nuclear explosions of the United States and the Soviet Union. The interrelationship of the TTBT and the PNE Treaty is further recognized by their identical 5-year durations, and by the provision that neither party may withdraw from the PNE Treaty while the TTBT remains in force. Conversely, either party may withdraw from the PNE Treaty upon termination of the TTBT.

A Joint Consultative Commission will be established to discuss any questions of compliance, to develop further details of the on-site inspection process as needed, and to facilitate cooperation in various areas related to PNES which might be mutually beneficial.

Both treaties were submitted to the Senate on July 29, 1976, for advice and consent to ratification.

Treaty Between the United States of America and the Union of Soviet Socialist Republics on Underground Nuclear Explosions for Peaceful Purposes

Signed at Washington and Moscow May 28, 1976

The United States of America and the Union of Soviet Socialist Republics, hereinafter referred to as the Parties,

Proceeding from a desire to implement Article III of the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Underground Nuclear Weapon Tests, which calls for the earliest possible conclusion of an agreement on underground nuclear explosions for peaceful purposes,

Reaffirming their adherence to the objectives and principles of the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, the Treaty on Non-Proliferation of Nuclear Weapons, and the Treaty on the Limitation of Underground Nuclear Weapon Tests, and their determination to observe strictly the provisions of these international agreements,

Desiring to assure that underground nuclear explosions for peaceful purposes shall not be used for purposes related to nuclear weapons,

Desiring that utilization of nuclear energy be directed only toward peaceful purposes,

Desiring to develop appropriately cooperation in the field of underground nuclear explosions for peaceful purposes,

Have agreed as follows:

Article I

1. The Parties enter into this Treaty to satisfy the obligations in Article III of the Treaty on the Limitation of Underground Nuclear Weapon Tests, and assume additional obligations in accordance with the provisions of this Treaty.

2. This Treaty shall govern all underground nuclear explosions for peaceful purposes conducted by the Parties after March 31, 1976.

For the purposes of this Treaty:

Article II

(a) "explosion" means any individual or group underground nuclear explosion for peaceful purposes;

(b) "explosive" means any device, mechanism or system for producing an individual explosion;

(c) "group explosion" means two or more individual explosions for which the time interval between successive individual explosions does not exceed five seconds and for which the emplacement points of all explosives can be interconnected by straight line segments, each of which joins two emplacement points and each of which does not exceed 40 kilometers.

Article III

1. Each Party, subject to the obligations assumed under this Treaty and other international agreements, reserves the right to:

(a) carry out explosions at any place under its jurisdiction or control outside the geographical boundaries of test sites specified under the provisions of the Treaty on the Limitation of Underground Nuclear Weapon Tests; and

(b) carry out, participate or assist in carrying out explosions in the territory of another State at the request of such other State.

2. Each Party undertakes to prohibit, to prevent and not to carry out at any place under its jurisdiction or control, and further undertakes not to carry out, participate or assist in carrying out anywhere:

(a) any individual explosion having a yield exceeding 150 kilotons;
(b) any group explosion:

(1) having an aggregate yield exceeding 150 kilotons except in ways that will permit identification of each individual explosion and determination of the yield of each individual explosion in the group in accordance with the provisions of Article IV of and the Protocol to this Treaty;

(2) having an aggregate yield exceeding one and one-half megatons;

(c) any explosion which does not carry out a peaceful application;

(d) any explosion except in compliance with the provisions of the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, the Treaty on the Non-Proliferation of Nuclear Weapons, and other international agreements entered into by that Party.

3. The question of carrying out any individual explosion having a yield exceeding the yield specified in paragraph 2(a) of this article will be considered by the Parties at an appropriate time to be agreed.

Article IV

1. For the purpose of providing assurance of compliance with the provisions of this Treaty, each Party shall:

(a) use national technical means of verification at its disposal in a manner consistent with generally recognized principles of international law; and

(b) provide to the other Party information and access to sites of explosions and furnish assistance in accordance with the provisions set forth in the Protocol to this Treaty.

2. Each Party undertakes not to interfere with the national technical means of verification of the other Party operating in accordance with paragraph 1(a) of this article, or with the implementation of the provisions of paragraph 1(b) of this article.

Article V

1. To promote the objectives and implementation of the provisions of this Treaty, the Parties shall establish promptly a Joint Consultative Commission within the framework of which they will:

(a) consult with each other, make inquiries and furnish information in response to such inquiries, to assure confidence in compliance with the obligations assumed;