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O. TREATIES AND OTHER MATERIAL

NOTE.—Volume V of Legislation on Foreign Relations contains treaties and other material not generally subject to amendment. The following material is of such a permanent nature and will be transferred to volume V upon its next printing. The most recent printing was Legislation on Foreign Relations Through 1988.

F. ARMS CONTROL AND DISARMAMENT

Page 1. Threshold Test Ban Treaty and the Protocol Thereto....

937 2. Treaty With the Union of Soviet Socialist Republics on Underground

Nuclear Explosions for Peaceful Purposes and the Protocol Thereto........... 1004 G. WAR POWERS, COLLECTIVE SECURITY AND RELATED MATERIAL 1. Treaty on the Final Settlement With Respect to Germany and Its Related Agreed Minute...

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F. ARMS CONTROL AND DISARMAMENT

1. Threshold Test Ban Treaty and the Protocol Thereto Treaty Between the United States of America and the Union of Soviet Socialist

Republics on the Limitation of Underground Nuclear Weapon Tests; Done at Moscow, U.S.S.R., on July 3, 1974; ratification advised by the Senate on September 25, 1990; President ratified on December 8, 1990; ratifications exchanged and entered into force on December 11, 1990

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

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 under strict and effective international control,

Recalling the determination expressed by the Parties to the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water 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,

Noting that the adoption of measures for the further limitation of underground nuclear weapon tests would contribute to the achievement of these objectives and would meet the interests of strengthening peace and the further relaxation of international tension,

Reaffirming their adherence to the objectives and principles of the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water and of the Treaty of the Non-Proliferation of Nuclear Weapons,

Have agreed as follows:

ARTICLE I 1. Each Party undertakes to prohibit, to prevent, and not to carry out any underground nuclear weapon test having a yield exceeding 150 kilotons at any place under its jurisdiction or control, beginning March 31, 1976.

2. Each Party shall limit the number of its underground nuclear weapon tests to a minimum.

3. The Parties shall continue their negotiations with a view toward achieving a solution to the problem of the cessation of all underground nuclear weapon tests.

ARTICLE II

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 the 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. To promote the objectives and implementation of the provisions of this Treaty the Parties shall, as necessary, consult with each other, make inquiries and furnish information in response to such inquiries.

ARTICLE III The provisions of this Treaty do not extend to underground nuclear explosions carried out by the Parties for peaceful purposes. Underground nuclear explosions for peaceful purposes shall be governed by an agreement which is to be negotiated and concluded by the Parties at the earliest possible time.

ARTICLE IV This Treaty shall be subject to ratification in accordance with the constitutional procedures of each Party. This Treaty shall enter into force on the day of the exchange of instruments of ratification.

ARTICLE V

1. This Treaty shall remain in force for a period of five years. Unless replaced earlier by an agreement in implementation of the objectives specified in paragraph 3 of Article I of this Treaty, it shall be extended for successive five-year periods unless either Party notifies the other of its termination no later than six months prior to the expiration of the Treaty. Before the expiration of this period the Parties may, as necessary, hold consultations to consider the situation relevant to the substance of this treaty and to introduce possible amendments to the text of the Treaty.

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 Treaty have jeopardized its supreme interests. It shall give notice of its decision to the other Party six months prior to withdrawal from this Treaty. Such notice shall include a statement of the extraordinary events the notifying Party regards as having jeopardized its supreme interests.

3. This Treaty shall be registered pursuant to Article 102 of the Charter of the United Nations.

DONE at Moscow on July 3, 1974, in duplicate, in the English and Russian languages, both texts being equally authentic.

PROTOCOL TO THE TREATY BETWEEN THE UNITED STATES

OF AMERICA AND THE UNION OF SOVIET SOCIALIST REPUBLICS ON THE LIMITATION OF UNDERGROUND NUCLEAR WEAPON TESTS

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

Confirming the provisions of the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Underground Nuclear Weapon Tests of July 3, 1974, hereinafter referred to as the Treaty,

Convinced of the necessity to ensure effective verification of compliance with the Treaty, Have agreed as follows:

SECTION I. DEFINITIONS For the purposes of this Protocol:

1. The term “test site” means a geographical area for the conduct of underground nuclear weapon tests, specified in paragraph 2 of Section II of this Protocol.

2. The term "underground nuclear weapon test," hereinafter "test,” means either a single underground nuclear explosion conducted at a test site, or two or more underground explosions con ducted at a test site within an area delineated by a circle having a diameter of two kilometers and conducted within a total period of time of 0.1 second. The yield of a test shall be the aggregate yield of all explosions in the test.

3. The term “explosion” means the release of nuclear energy from an explosive canister.

4. The term "explosive canister" means, with respect to every explosion, the container or covering for one or more nuclear explosives.

5. The term “Testing Party” means the Party conducting a test.

6. The term "Verifying Party” means the Party entitled to carry out, in accordance with this Protocol, activities related to verification of compliance with the Treaty by the Testing Party.

7. The term "Designated Personnel” means personnel appointed by the Verifying Party form among its nationals and included on its list of Designated Personnel, in accordance with Section IX of the Protocol, to carry out activities related to verification in accordance with this Protocol in the territory of the Testing Party.

8. The term “Transport Personnel” means personnel appointed by the Verifying Party from among its nationals and included on its list of Transport Personnel, in accordance with Section IX of this Protocol, to provide transportation for Designated Personnel, their baggage and equipment of the Verifying Party between the territory of the Verifying Party and the point of entry in the territory of the Testing Party.

9. The term "point of entry" means Washington, D.C. (Dulles International Airport), for Designated Personnel and Transport Personnel, and Travis Air Force Base, California, for Designated Personnel and Transport Personnel and for equipment specified in Section VIII of this Protocol, with respect to the United States of America; and Moscow (Sheremetyevo-2 International Airport) for Designated Personnel and Transport Personnel and for equipment specified in Section VIII of this Protocol, and Leningrad (Pulkovo-2 International Airport) for Designated Personnel and Transport Personnel, with respect to the Union of Soviet Socialist Republics. Other locations may serve as points of entry for specific tests, as agreed by the Parties.

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