Agreement Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics Concerning Cooperation in Combatting Pollution in the Bering and Chukchi Seas in Emergency Situations, with Joint Contingency Plan Against Pollution in the Bering and Chukchi Seas, Moscow and London, 1989

Agreement done at Moscow 11 May 1989; plan done at London 17 October 1989 Agreement entered into force 17 August 1989

Primary source citation: TIAS 11446

AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS CONCERNING COOPERATION IN COMBATTING POLLUTION IN THE BERING AND CHUKCHI SEAS IN EMERGENCY SITUATIONS

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

Conscious that exploration, exploitation, and production of natural resources, as well as belated marine transport, pose a threat of significant pollution by oil or other hazardous substances in the Bering and Chukchi Seas,

Recognizing that, in the event of a pollution incident or the threat thereof, prompt and effective action should be taken, to organize and coordinate prevention and pollution combatting activities,

Taking into account the Agreement on Cooperation in the Field of Environmental Protection Between the United States of America and the Union of Soviet Socialist Republics, signed May 23, 1972, and desiring to develop further the principles of mutually beneficial cooperation, and

Desiring to avert, through the adoption of measures to prevent and combat pollution resulting from oil and other hazardous substance spills, damage to the marine environment of the Bering and Chukchi Seas, including coastal areas,

Have agreed as follows:

ARTICLE I

The Parties undertake to render assistance to each other in combatting pollution incidents which may affect the areas of responsibility of the Parties, regardless of where such incidents may occur. Such assistance shall be rendered consistent with the provisions of this Agreement. To such end the competent authorities of the Parties shall develop the Joint Contingency Plan Against Pollution in the Bering and Chukchi Seas, hereinafter referred to as the "Plan", which shall enter into force upon their written agreement.

ARTICLE II

For the purposes of this Agreement:

"Pollution Incident" means a discharge or an imminent threat of discharge of oil or other hazardous substance from any source of such a magnitude or significance as to require an immediate response to prevent such a discharge or to contain, clean-up or dispose of the substance to eliminate the threat to or to minimize its harmful effects on living resources and marine life, public health or welfare.

"Oil" means oil of any form, including crude oil, fuel oil, sludge and oil wastes, and refined products.

"Hazardous substances" means elements and compounds which when discharged into the marine environment could present an imminent and substantial danger to the public health or welfare, harm living resources and marine life, damage amenities or interfere with other legitimate uses of the sea.

"Competent Authority" means with respect to the United States of America, the United States Coast Guard and with respect to the Union of Soviet Socialist Republics, the Marine Pollution Control and Salvage Administration attached to the USSR Ministry of Merchant Marine.

"Area of responsibility of a Party" means the water within the Bering and Chukchi Seas which are the respective Party's internal waters or territorial sea, and the sea area beyond the territorial sea in which that Party exercises its sovereign rights and jurisdiction in accordance with international law. Areas of responsibility of the Parties where they are adjacent will be separated by the maritime boundary between the two countries.

"Response resources" means the personnel, vessels, equipment and other means for combatting pollution.

ARTICLE III

The Parties, consistent with their means, commit themselves to the development of national systems that permit detection and prompt notification of the existence or the imminent possibility of the occurrence of pollution incidents, as well as providing adequate means within their power to eliminate the threat posed by such incidents and to minimize the adverse effects to the marine environment and the public health and welfare.

ARTICLE IV

The Parties shall routinely exchange up-to-date information and consult to guarantee adequate cooperation between their competent authorities, with regard to activities pertaining to this Agreement and the Plan.

ARTICLE V

The implementation of the Plan shall be the primary responsibility of the competent authorities of the respective Parties, and of other authorities of the Parties to the extent of such other authorities' competence under applicable law. The Plan may be amended from time to time, consistent with this Agreement and the procedures set forth in the Plan, by the competent authorities.

ARTICLE VI

The competent authority of the Party in whose area of responsibility a pollution incident occurs, or whose area of responsibility is affected by such an incident, shall direct response operations within that area.

ARTICLE VII

The Plan may be invoked whenever a pollution incident occurs that affects or threatens to affect the areas of responsibility of both Parties or, although only directly affecting the area of responsibility of one Party, is of such a magnitude as to justify a request for the other Party's assistance.

ARTICLE VIII

The joint response provided for under the Plan can only be undertaken when the competent authorities of the Parties agree. The competent authorities of the Parties will determine the appropriate response action required for each pollution incident.

ARTICLE IX

Requests for assistance will be communicated between the competent authorities of both Parties. Requests for assistance by telephone shall be confirmed by telex, telegraph or facsimile.

A Party shall endeavor to promptly provide requested assistance as soon as possible to the extent that the Party determines the resources are available. The availability of response resources for a specific pollution incident is understood to be dependent upon funding and the requirements of other missions.

The requesting Party shall provide all possible support to the response resources of the assisting Party.

ARTICLE X

The assisting Party may fully or partly terminate its assistance if that Party determines that it is necessary to do so. Notice of the termination shall be communicated to the competent authority of the requesting Party. The requesting Party shall release the response resources made available as soon as possible after the termination.

The requesting Party shall promptly inform the assisting Party when the need for assistance no longer exists, and release as soon as possible the response resources made available by the assisting Party.

ARTICLE XI

The Parties will periodically conduct joint pollution response exercises and meetings in accordance with the provisions of the Plan. The competent authorities of the Parties shall alternate in the supervision of the exercises.

ARTICLE XII

The requesting Party shall, to the greatest extent possible, facilitate the arrival and departure of response resources made available by the assisting Party for response activities pertaining to this Agreement. The Parties shall cooperate in implementing the provisions of this Article.

ARTICLE XIII

The requesting Party shall reimburse the assisting Party for expenses associated with response resources. The amount to be reimbursed will be determined by the rates of the assisting Party.

In all other cases and circumstances unless otherwise agreed, each Party will bear the expense of its own activities pertaining to this Agreement.

The expenses involved in conducting joint exercises shall be borne by each Party respectively.

ARTICLE XIV

Nothing in this Agreement shall affect in any way the rights and obligations of either Party resulting from other bilateral and multilateral international agreements.

The Parties will implement this Agreement in accordance with rules and principles of general international law and their respective laws and regulations.

ARTICLE XV

This Agreement shall enter into force upon the date the Parties notify each other in writing that necessary internal procedures have been completed, and shall remain in force unless terminated by either Party upon six months advance written notice to the other Party of its intention to terminate this Agreement.

Termination of this Agreement shall not affect response operations which have been taken hereunder and are not yet completed at the time of termination unless otherwise agreed by the Parties.

This Agreement may be amended by written agreement between the Parties.

DONE at Moscow, in duplicate, this eleventh day of May, 1989, in the English and Russian languages, both texts being equally authentic.

FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA:

James A. Baker III

FOR THE GOVERNMENT OF THE UNION
OF SOVIET SOCIALIST REPUBLICS:

Edward A. Shevardnadze

1.

Joint Contingency Plan Against Pollution in the Bering and Chukchi Seas

INTRODUCTION

1.1 Purpose

This Plan, including the operational appendix, is established under the Agreement Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics Concerning Cooperation in Combatting Pollution in the Bering and Chukchi Seas in Emergency Situations, hereinafter referred to as "the Agreement", and provides for coordinated and combined responses to pollution incidents in the Bering and Chukchi Seas.

This Plan shall be implemented subject to the provisions of the Agreement. Nothing in this Plan shall affect in any way the rights and obligations of either Party resulting from other bilateral and multilateral international agreements.

This Plan primarily addresses international matters and as such is meant to augment pertinent national, state, republic, regional, and sub regional (local) plans of the Parties.

a.

To develop appropriate preparedness measures and systems for discovering and reporting the existence of a pollution incident within the areas of responsibility of each Party.

b. To provide the means to institute prompt measures to restrict the further spread of oil and other hazardous substances.

C.

1.3

To provide the mechanism by which adequate resources may be employed to respond to a pollution incident.
Responsibility

The implementation of the Plan is the joint responsibility of the U.S. Coast Guard (Department of Transportation) and the USSR Marine Pollution Control and Salvage Administration, attached to the USSR Ministry of Merchant Marine. The two aforementioned agencies are the competent authorities and shall be assisted by other national agencies as appropriate and when required.

National Response Team (NRT) - The US national planning, policy and coordinating body consisting of fourteen federal agencies with interests and expertise in various aspects of emergency response.

Joint Response Team (JRT) - A joint US-USSR planning, policy and coordinating body that provides guidance to the OSC prior to an incident and assistance as requested by the OSC during a pollution incident.

On-Scene Commander/Coordinator (OSC) - The predesignated official that coordinates containment, removal and disposal efforts and resources during a pollution incident.

Deputy On-Scene Commander/Coordinator (DOSC) - The designated official of the Party which is not providing the OSC who acts as the OSC's direct liaison with agencies of the Party which the DOSC represents.

Joint Response Center (JRC) - The designated site of each Party where facilities are available to provide requirements to the provisions of the Plan.

Situation Report (SITREP) - A report of the most current information relating to a pollution incident, including actions taken and progress made during the response.

Pollutant - Oil or other hazardous substance.