TREATY BETWEEN USA AND USSR ON UNDERGROUND NUCLEAR EXPLOSIONS FOR PEACEFUL PURPOSES-1976

TREATY BETWEEN THE UNITED STATE OF AMERICA AND THE UNION OF SOVIET SOCIALIST REPUBLICS ON UNDERGROUND NUCLEAR EXPLOSIONS FOR PEACEFUL PURPOSES

(PNE TREATY)

Signed at Washington and Moscow May 28, 1976

Entered into force December 11, 1990

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 Under-ground Nuclear Weapon Tests, and their determination to observe strictly the provisions of these inter-national 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.

Article II

For the purposes of this Treaty:

(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 in-terval 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 geo-graphical 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.

1. 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

(1) 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;

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

(c) any explosion except in compliance with the provisions of the Treaty Banning Nu-clear 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.

1. 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.

1. 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;

(b) consider questions concerning compliance with the obligations assumed and related situations which may be considered ambiguous;

(c) consider questions involving unintended interference with the means for assuring compliance with the provisions of this Treaty;

(d) consider changes in technology or other new circumstances which have a bearing on the provisions of this Treaty; and

(e) consider possible amendments to provisions governing underground nuclear explo-sions for peaceful purposes.

1. The Parties through consultation shall establish, and may amend as appropriate, Regulations for the Joint Consultative Commission governing procedures, composition and other relevant matters.

Article VI

1. The Parties will develop cooperation on the basis of mutual benefit, equality, and reciprocity in various areas related to carrying out underground nuclear explosions for peaceful purposes.

Article VII

1. Each Party shall continue to promote the development of the international agreement or agreements and procedures provided for in Article V of the Treaty on the Non-Proliferation of Nuclear Weapons, and shall provide appropriate assistance to the Inter-national Atomic Energy Agency in this regard.

Article VIII

1. This Treaty shall remain in force for a period of five years, and 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 its expiration. Before the expiration of this period the Parties may, as necessary, hold consultations to consider the situation relevant to the substance of this Treaty. However, under no circumstances shall either Party be entitled to terminate this Treaty while the Treaty on the Limitation of Underground Nuclear Weapon Tests remains in force.

Article IX

1. This Treaty, including the Protocol which forms an integral part hereof, 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 which exchange shall take place simultaneously with the exchange of instruments of ratification of the Treaty on the Limitation of Underground Nuclear Weapon Tests.

DONE at Washington and Moscow, on May 28, 1976, in duplicate, in the English and Russian languages, both texts being equally authentic.

FOR THE UNITED STATES OF AMERICA:

GERALD R. FORD

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

PROTOCOL TO THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE UNION OF SOVIET SOCIALIST REPUBLICS ON

UNDERGROUND NUCLEAR EXPLOSIONS FOR PEACEFUL PURPOSES

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

Having agreed to the provisions in the Treaty on Un-derground Nuclear Explosions for Peaceful Purposes, hereinafter referred to as the Treaty,

Have agreed as follows:

Article I

1. No individual explosion shall take place at a dis-tance, in meters, from the ground surface which is less than 30 times the 3.4 root of its planned yield in kilotons.

Article II

1. For each explosion, the Party carrying out the ex-plosion shall provide the other Party:

(a) not later than 90 days before the begin-ning of emplacement of the explosives when the planned aggregate yield of the explosion does not exceed 100 kilotons, or not later than 180 days before the beginning of em-placement of the explosives when the planned aggregate yield of the explosion ex-ceeds 100 kilotons, with the following in-formation to the extent and degree of preci-sion available when it is conveyed:

(1) the purpose of the planned ex-plosion;

(2) the location of the explosion expressed in geographical coordi-nates with a precision of four or less kilometers, planned date and aggregate yield of the explosion;

(3) the type or types of rock in which the explosion will be carried out, including the degree of liquid saturation of the rock at the point of emplacement of each explosive; and

(4) a description of specific techno-logical features of the project, of which the explosion is a part, that could influence the determination of its yield and confirmation of purpose; and

(b) not later than 60 days before the begin-ning of emplacement of the explosives the information specified in subparagraph 1(a) of this article to the full extent and with the precision indicated in that subparagraph.

1. For each explosion with a planned aggregate yield exceeding 50 kilotons, the Party carrying out the ex-plosion shall provide the other Party, not later than 60 days before the beginning of emplacement of the explosives, with the following information:

(a) the number of explosives, the planned yield of each explosive, the location of each explosive to be used in a group explosion relative to all other explosives in the group with a precision of 100 or less meters, the depth of emplacement of each explosive with a precision of one meter and the time intervals between individual explosions in any group explosion with a precision of one-tenth second; and

(b) a description of specific features of geo-logical structure or other local conditions that could influence the determination of the yield.

1. For each explosion with a planned aggregate yield exceeding 75 kilotons, the Party carrying out the ex-plosion shall provide the other Party, not later than 60 days before the beginning of emplacement of the explosives, with a description of the geological and geophysical characteristics of the site of each explosion which could influence determination of the yield, which shall include: the depth of the water table; a stratigraphic column above each emplacement point; the position of each emplacement point relative to nearby geological and other features which influenced the design of the project of which the explosion is a part; and the physical parameters of the rock, including density, seismic velocity, porosity, degree of liquid saturation, and rock strength, within the sphere centered on each emplacement point and having a radius, in meters, equal to 30 times the cube root of the planned yield in kilotons of the explosive emplaced at that point.

(a) information on locations and purposes of facilities and installations which are associ-ated with the conduct of the explosion;

(b) information regarding the planned date of the beginning of emplacement of each explosive; and

(c) a topographic plan in local coordinates of the areas specified in paragraph 7 of Article IV, at a scale of 1:24,000 or 1:25,000 with a contour interval of 10 meters or less.

1. For application of an explosion to alleviate the consequences of an emergency situation involving an unforeseen combination of circumstances which calls for immediate action for which it would not be prac-ticable to observe the timing requirements of para-graphs 1, 2 and 3 of this article, the following condi-tions shall be met:

(a) the Party deciding to carry out an explo-sion for such purposes shall inform the other Party of that decision immediately after it has been made and describe such circum-stances;

(b) the planned aggregate yield of an explo-sion for such purpose shall not exceed 100 kilotons; and

(c) the Party carrying out an explosion for such purpose shall provide to the other Party the information specified in paragraph 1 of this article, and the information specified in paragraphs 2 and 3 of this article if applica-ble, after the decision to conduct the explo-sion is taken, but not later than 30 days be-fore the beginning of emplacement of the explosives.

1. For each explosion, the Party carrying out the ex-plosion shall inform the other Party, not later than two days before the explosion, of the planned time of detonation of each explosive with a precision of one second.

(a) the actual time of the explosion with a precision of one-tenth second and its aggre-gate yield;

(b) when the planned aggregate yield of a group explosion exceeds 50 kilotons, the ac-tual time of the first individual explosion with a precision of one-tenth second, the time interval between individual explosions with a precision of one milli-second and the yield of each individual explosion; and

(c) confirmation of other information pro-vided in accordance with paragraphs 1, 2, 3 and 4 of this article and explanation of any changes or corrections based on the results of the explosion.

1. At any time, but not later than one year after the explosion, the other Party may request the Party car-rying out the explosion to clarify any item of the in-formation provided in accordance with this article.

Such clarification shall be provided as soon as practi-cable, but not later than 30 days after the request is made.

Article III

1. For the purposes of this Protocol:

(a) “designated personnel” means those na-tionals of the other Party identified to the Party carrying out an explosion as the per-sons who will exercise the rights and func-tions provided for in the Treaty and this Pro-tocol; and

(b) “emplacement hole” means the entire in-terior of any drill-hole, shaft, adit or tunnel in which an explosive and associated cables and other equipment are to be installed.

1. For any explosion with a planned aggregate yield exceeding 100 kilotons but not exceeding 150 kilo-tons if the Parties, in consultation based on informa-tion provided in accordance with Article II and other information that may be introduced by either Party, deem it appropriate for the confirmation of the yield of the explosion, and for any explosion with a planned aggregate yield exceeding 150 kilotons, the Party carrying out the explosion shall allow desig-nated personnel within the areas and at the locations described in Article V to exercise the following rights and functions:

(a) confirmation that the local circumstances, including facilities and installations associ-ated with the project, are consistent with the stated peaceful purposes;

(b) confirmation of the validity of the geo-logical and geophysical information pro-vided in accordance with Article II through the following procedures:

(1) examination by designated per-sonnel of research and measure-ment data of the Party carrying out the explosion and of rock core or rock fragments removed from each emplace-ment hole, and of any logs and drill core from existing ex-ploratory holes which shall be pro-vided to designated personnel upon their arrival at the site of the explo-sion;

(2) examination by designated per-sonnel of rock core or rock frag-ments as they become available in accordance with the procedures specified in subparagraph 2(b)(3) of this article; and

(3) observation by designated per-sonnel of implementation by the Party carrying out the explosion of one of the following four procedures, unless this right is waived by the other Party:

(i) construction of that portion of each emplace-ment hole starting from a point nearest the entrance of the emplacement hole which is at a distance, in meters, from the nearest emplacement point equal to 30 times the cube root of the planned yield in kilotons of the explosive to be emplaced at that point and continuing to the completion of the em-placement hole; or

(ii) construction of that portion of each emplace-ment hole starting from a point nearest the entrance of the emplacement hole which is at a distance, in meters, from the nearest emplacement point equal to six times the cube root of the planned yield in kilotons of the explosive to be emplaced at that point and continuing to the completion of the em-placement hole as well as the removal of rock core or rock fragments from the wall of an existing ex-ploratory hole, which is substantially parallel with and at no point more than 100 meters from the em-placement hole, at loca-tions specified by desig-nated personnel which lie within a distance, in me-ters, from the same hori-zon as each emplacement point of 30 times the cube root of the planned yield in kilotons of the explo-sive to be emplaced at that point; or

(iii) removal of rock core or rock fragments from the wall of each emplacement hole at locations specified by designated personnel which lie within a distance,in meters, from each emplacement point of 30 times the cube root of the planned yield in kilotons of the explosive to be emplaced at each such point;

or

(iv) construction of one or more new exploratory holes so that for each emplacement hole there will be a new exploratory hole to the same depth as that of the emplacement of the explosive, substantially parallel with and at no point more than 100 meters from each emplacement hole, from which rock cores would be removed at locations specified by designated personnel which lie within a distance, in meters, from the same horizon as each emplacement point of 30 times the cube root of the planned yield in kilotons of the explosive to be emplaced at each such point:

(c) observation of the emplacement of each explosive, confirmation of the depth of its emplacement and observation of the stem-ming of each emplacement hole;

(d) unobstructed visual observation of the area of the entrance to each emplacement hole at any time from the time of emplace-ment of each explosive until all personnel have been withdrawn from the site for the detonation of the explosion; and

(e) observation of each explosion.

1. Designated personnel, using equipment provided in accordance with paragraph 1 of Article IV, shall have the right, for any explosion with a planned ag-gregate yield exceeding 150 kilotons, to determine the yield of each individual explosion in a group explosion in accordance with the provisions of Article VI.

(a) acquire photographs under the following conditions:

(1) the Party carrying out the ex-plosion shall identify to the other Party those personnel of the Party carrying out the explosion who shall take photographs as requested by designated personnel;

(2) photographs shall be taken by personnel of the Party carrying out the explosion in the presence of designated personnel and at the time requested by designated per-sonnel for taking such photographs. Designated personnel shall deter-mine whether these photographs are in conformity with their re-quests and, if not, additional photo-graphs shall be taken immediately;

(3) photographs shall be taken with cameras provided by the other Party having built-in, rapid devel-oping capability and a copy of each photograph shall be provided at the completion of the development process to both Parties;

(4) cameras provided by designated personnel shall be kept in agreed secure storage when not in use; and

(5) the request for photographs can be made, at any time, of the follow-ing:

(i) exterior views of facili-ties and installations asso-ciated with the conduct of the explosion as described in subparagraph 4(a) of Article II;

(ii) geological samples used for confirmation of geological and geophysi-cal information, as pro-vided for in subparagraph 2(b) of this article and the equipment utilized in the acquisition of such sam-ples;

(iii) emplacement and in-stallation of equipment and associated cables used by designated personnel for yield determination;

(iv) emplacement and in-stallation of the local seismic network used by designated personnel;

(v) emplacement of the explosives and the stem-ming of the emplacement hole; and

(vi) containers, facilities and installations for stor-age and operation of equipment used by desig-nated personnel;

(b) photographs of visual displays and re-cords produced by the equipment used by designated personnel and photographs within the control centers taken by cameras which are component parts of such equip-ment; and

(c) receive at the request of designated per-sonnel and with the agreement of the Party carrying out the explosion supplementary photographs taken by the Party carrying out the explosion.

Article IV

1. Designated personnel in exercising their rights and functions may choose to use the following equipment of either Party, of which choice the Party carrying out the explosion shall be informed not later than 150 days before the beginning of emplacement of the explosives:

(a) electrical equipment for yield determina-tion and equipment for a local seismic net-work as described in paragraphs 3, 4 and 7 of this article; and

(b) geologists field tools and kits and equipment for recording of field notes.

1. Designated personnel shall have the right in exercising their rights and functions to utilize the follow-ing additional equipment which shall be provided by the Party carrying out the explosion, under proce-dures to be established in accordance with Article X to ensure that the equipment meets the specifications of the other Party: portable short-range communica-tion equipment, field glasses, optical equipment for surveying and other items which may be specified by the other Party. A description of such equipment and operating instructions shall be provided to the other Party not later than 90 days before the beginning of emplacement of the explosives in connection with which such equipment is to be used.

(a) sensing elements and associated cables for transmission of electrical power, control signals and data;

(b) equipment of the control center, electri-cal power supplies and cables for transmis-sion of electrical power, control signals and data; and

(c) measuring and calibration instruments, maintenance equipment and spare parts nec-essary for ensuring the functioning of sensing elements, cables and equipment of the control center.

1. A complete set of equipment for the local seismic network shall consist of:

(a) seismic stations each of which contains a seismic instrument, electrical power supply and associated cables and radio equipment for receiving and transmission of control signals and data or equipment for recording control signals and data;

(b) equipment of the control center and elec-trical power supplies; and

(c) measuring and calibration instruments, maintenance equipment and spare parts nec-essary for ensuring the functioning of the complete network.

1. In case designated personnel, in accordance with paragraph 1 of this article, choose to use equipment of the Party carrying out the explosion for yield de-termination or for a local seismic network, a descrip-tion of such equipment and installation and operating instructions shall be provided to the other Party not later than 90 days before the beginning of emplace-ment of the explosives in connection with which such equipment is to be used. Personnel of the Party carry-ing out the explosion shall emplace, install and oper-ate the equipment in the presence of designated per-sonnel. After the explosion, designated personnel shall receive duplicate copies of the recorded data. Equipment for yield determination shall be emplaced in accordance with Article VI. Equipment for a local seismic network shall be emplaced in accordance with paragraph 7 of this article.

(a) the Party carrying out the explosion shall be provided by the other Party with the equipment and information specified in sub-paragraphs (a)(1) and (a)(2) of this para-graph not later than 150 days prior to the beginning of emplacement of the explosives in connection with which such equipment is to be used in order to permit the Party carry-ing out the explosion to familiarize itself with such equipment, if such equipment and information has not been previously provided, which equipment shall be returned to the other Party not later than 90 days before the beginning of emplacement of the explo-sives. The equipment and information to be provided are:

(1) one complete set of electrical equipment for yield determination as described in paragraph 3 of this article, electrical and mechanical design information, specifications and installation and operating in-structions concerning this equip-ment; and

(2) one complete set of equipment for the local seismic network de-scribed in paragraph 4 of this arti-cle, including one seismic station, electrical and mechanical design in-formation, specifications and instal-lation and operating instructions concerning this equipment;

(b) not later than 35 days prior to the begin-ning of emplacement of the explosives in connection with which the following equip-ment is to be used, two complete sets of electrical equipment for yield determination as described in paragraph 3 of this article and specific installation instructions for the emplacement of the sensing elements based on information provided in accordance with subparagraph 2(a) of Article VI and two complete sets of equipment for the local seismic network as described in paragraph 4 of this article, which sets of equipment shall have the same components and technical characteristics as the corresponding equip-ment specified in subparagraph 6(a) of this article, shall be delivered in sealed contain-ers to the port of entry;

(c) The Party carrying out the explosion shall choose one of each of the two sets of equipment described above which shall be used by designated personnel in connection with the explosions;

(d) the set or sets of equipment not chosen for use in connection with the explosion shall be at the disposal of the Party carrying out the explosion for a period that may be as long as 30 days after the explosion at which time such equipment shall be returned to the other Party;

(e) the set or sets of equipment chosen for use shall be transported by the Party carry-ing out the explosion in the sealed contain-ers in which this equipment arrived, after seals of the Party carrying out the explosion have been affixed to them, to the site of the explosion, so that this equipment is deliv-ered to designated personnel for emplace-ment, installation and operation not later than 20 days before the beginning of em-placement of the explosives. This equipment shall remain in the custody of designated personnel in accordance with paragraph 7 of Article V or in agreed secure storage. Per-sonnel of the Party carrying out the explo-sion shall have the right to observe the use of this equipment by designated personnel during the time the equipment is at the site of the explosion. Before the beginning of emplacement of the explosives, designated personnel shall demonstrate to personnel of the Party carrying out the explosion that this equipment is in working order;

(f) each set of equipment shall include two sets of components for recording data and associated calibration equipment. Both of these sets of components in the equipment chosen for use shall simultaneously record data. After the explosion, and after duplicate copies of all data have been obtained by designated personnel and the Party carrying out the explosion, one of each of the two sets of components for recording data and associ-ated calibration equipment shall be selected, by an agreed process of chance, to be re-tained by designated personnel. Designated personnel shall pack and seal such compo-nents for recording data and associated calibration equipment which shall accompany them from the site of the explosion to the port of exit; and

(g) all remaining equipment may be retained by the Party carrying out the explosion for a period that may be as long as 30 days, after which time this equipment shall be returned to the other Party.

1. For any explosion with a planned aggregate yield exceeding 500 kilotons, a local seismic network, the number of stations of which shall be determined by designated personnel but shall not exceed the number of explosives in the group plus five, shall be em-placed, installed and operated at agreed sites of emplacement within an area circumscribed by circles of 15 kilometers in radius centered on points on the sur-face of the earth above the points of emplacement of the explosives during a period beginning not later than 20 days before the beginning of emplacement of the explosives and continuing after the explosion not later than three days unless otherwise agreed between the Parties.

Article V

1. Except as limited by the provisions of paragraph 5 of this article, designated personnel in the exercise of their rights and functions shall have access along agreed routes:

(a) for an explosion with a planned aggre-gate yield exceeding 100 kilotons in accor-dance with paragraph 2 of Article III:

(1) to the locations of facilities and installations associated with the conduct ofthe explosion provided in accordance with subparagraph 4(a) of Article II; and

(2) to the locations of activities described in paragraph 2 of Article III; and

(b) for any explosion with a planned aggre-gate yield exceeding 150 kilotons, in addition to the access described in subparagraph

1(a) of this article:

(1) to other locations within the
area circumscribed by circles of 10 kilometers in radius centered on points on the surface of the earth above the points of emplacement of the explosives in order to confirm that the local circumstances are consistent with the stated peaceful purposes;

(2) to the locations of the compo-nents of the electrical equipment for

yield determination to be used for recording data when, by agree-ment between the Parties, such equipment is located outside the area described in subparagraph 1(b)(1) of this article; and

(3) to the sites of emplacement of the equipment of the local seismic network provided for in paragraph 7 of Article IV.

1. The Party carrying out the explosion shall notify the other Party of the procedure it has chosen from among those specified in subparagraph 2(b)(3) of Article III not later than 30 days before beginning the implementation of such procedure. Designated per-sonnel shall have the right to be present at the site of the explosion to exercise their rights and functions in the areas and at the locations described in paragraph

1 of this article for a period of time beginning two days before the beginning of the implementation of the procedure and continuing for a period of three days after the completion of this procedure.

1. Except as specified in paragraph 5 of this article, designated personnel shall have the right to be present in the areas and at the locations described in paragraph 1 of this article:

(a) for an explosion with a planned aggregate yield exceeding 100 kilotons but not exceeding 150 kilotons, in accordance with paragraph 2 of Article III, at any time be-ginning five days before the beginning of emplacement of the explosives and continuing after the explosion and after safe access to evacuated areas has been established ac-cording to standards determined by the Party carrying out the explosion for a period of two days; and

(b) for any explosion with a planned aggregate yield exceeding 150 kilotons, at any time beginning 20 days before the beginning of emplacement of the explosives and con-tinuing after the explosion and after safe access to evacuated areas has been established according to standards determined by the Party carrying out the explosion for a period of:

(1) five days in the case of an explosion with a planned aggregate yield exceeding 150 kilotons but not exceeding 500 kilotons; or

(2) eight days in the case of an ex-plosion with a planned aggregate yield exceeding 500 kilotons.

1. Designated personnel shall not have the right to be present in those areas from which all personnel have been evacuated in connection with carrying out an explosion, but shall have the right to re-enter those areas at the same time as personnel of the Party car-rying out the explosion.

(a) for the exercise of their rights and functions in connection with the confirmation of the geological and geophysical information in accordance with the provisions of sub-paragraph 2(b) and applicable provisions of paragraph 5 of Article III — the number of emplacement holes plus three;

(b) for the exercise of their rights and functions in connection with confirming that the local circumstances are consistent with the information provided and with the stated peaceful purposes in accordance with the provisions in subparagraphs 2(a), 2(c), 2(d) and 2(e) and applicable provisions of para-graph 5 of Article III — the number of ex-plosives plus two;

(c) for the exercise of their rights and functions in connection with confirming that the local circumstances are consistent with the information provided and with the stated peaceful purposes in accordance with the provisions in subparagraphs 2(a), 2(c), 2(d)

and 2(e) and applicable provisions of para-graph 5 of Article III and in connection with the use of electrical equipment for determination of the yield in accordance with para-graph 3 of Article III — the number of ex-plosives plus seven; and

(d) for the exercise of their rights and functions in connection with confirming that the local circumstances are consistent with the information provided and with the stated peaceful purposes in accordance with the provisions in subparagraphs 2(a), 2(c), 2(d) and 2(e) and applicable provisions of para-graph 5 of Article III and in connection with the use of electrical equipment for determination of the yield in accordance with para-graph 3 of Article III and with the use of the local seismic network in accordance with paragraph 4 of Article III — the number of explosives plus 10.

1. The Party carrying out the explosion shall have the right to assign its personnel to accompany designated personnel while the latter exercise their rights and functions.

Article VI

For any explosion with a planned aggregate yield exceeding 150 kilotons, determination of the yield of each explosive used shall be carried out in accordance with the following provisions:

1. Determination of the yield of each individual ex-plosion in the group shall be based on measurements of the velocity of propagation, as a function of time, of the hydrodynamic shock wave generated by the explosion, taken by means of electrical equipment described in paragraph 3 of Article IV.

(a) not later than 60 days before the beginning of emplacement of the explosives, the length of each canister in which the explosive will be contained in the corresponding emplacement hole, the dimensions of the tube or other device used to emplace the canister and the cross-sectional dimensions of the emplacement hole to a distance, in meters, from the emplacement point 10 times the cube root of its yield in kilotons;

(b) not later than 60 days before the begin-ning of emplacement of the explosives, a de-scription of materials, including their densi-ties, to be used to stem each emplacement hole; and

(c) not later than 30 days before the begin-ning of emplacement of the explosives, for each emplacement hole of a group explosion, the local coordinates of the point of em-placement of the explosive, the entrance of the emplacement hole, the point of the em-placement hole most distant from the en-trance, the location of the emplacement hole at each 200 meters distance from the en-trance and the configuration of any known voids larger than one cubic meter located within the distance, in meters, of 10 times the cube root of the planned yield in kilotons measured from the bottom of the canister containing the explosive. The error in these coordinates shall not exceed one percent of the distance between the emplacement hole and the nearest other emplacement hole or one percent of the distance between the point of measurement and the entrance of the emplacement hole, whichever is smaller, but in no case shall the error be required to be less than one meter.

1. The Party carrying out the explosion shall emplace for each explosive that portion of the electrical equipment for yield determination described in sub-paragraph 3(a) of Article IV, supplied in accordance with paragraph 1 of Article IV, in the same em-placement hole as the explosive in accordance with the installation instructions supplied under the provi-sions of paragraph 5 or 6 of Article IV. Such em-placement shall be carried out under the observation of designated personnel. Other equipment specified in subparagraph 3(b) of Article IV shall be emplaced and installed:

(a) by designated personnel under the observation and with the assistance of personnel of the Party carrying out the explosion, if such assistance is requested by designated personnel; or

(b) in accordance with paragraph 5 of Article IV.

1. That portion of the electrical equipment for yield determination described in subparagraph 3(a) of Article IV that is to be emplaced in each emplacement hole shall be located so that the end of the electrical equipment which is farthest from the entrance to the emplacement hole is at a distance, in meters, from the bottom of the canister containing the explosive equal to 3.5 times the cube root of the planned yield in kilo-tons of the explosive when the planned yield is less than 20 kilotons and three times the cube root of the planned yield in kilotons of the explosive when the planned yield is 20 kilotons or more. Canisters longer than 10 meters containing the explosive shall only be utilized if there is prior agreement between the Par-ties establishing provisions for their use. The Party carrying out the explosion shall provide the other Party with data on the distribution of density inside any other canister in the emplacement hole with a transverse cross-sectional area exceeding 10 square centimeters located within a distance, in meters, of 10 times the cube root of the planned yield in kilotons of the explosion from the bottom of the canister containing the explosive. The Party carrying out the explosion shall provide the other Party with access to con-firm such data on density distribution within any such canister.

(a) confirm information provided in accor-dance with subparagraph 2(a) of this article;

(b) confirm information provided in accor-dance with subparagraph 2(b) of this article and be provided, upon request, with a sample of each batch of stemming material as that material is put into the emplacement hole; and

(c) confirm the information provided in accordance with subparagraph 2(c) of this arti-cle by having access to the data acquired and by observing, upon their request, the making of measurements.

1. For those explosives which are emplaced in separate holes, the emplacement shall be such that the distance D, in meters, between any explosive and any portion of the electrical equipment for determination of the yield of any other explosive in the group shall be not less than 10 times the cube root of the planned yield in kilotons of the larger explosive of such a pair of explosives. Individual explosions shall be sepa-rated by time intervals, in milliseconds, not greater than one-sixth the amount by which the distance D, in meters, exceeds 10 times the cube root of the planned yield in kilotons of the larger explosive of such a pair of explosives.

in milliseconds, of not less than one times the cube root of the planned yield in kilotons of the largest explosive in this emplacement hole.

Article VII

1. Designated personnel with their personal baggage and their equipment as provided in Article IV shall be permitted to enter the territory of the Party carrying out the explosion at an entry port to be agreed upon by the Parties, to remain in the territory of the Party carrying out the explosion for the purpose of fulfill-ing their rights and functions provided for in the Treaty and this Protocol, and to depart from an exit port to be agreed upon by the Parties.

Article VIII

The Party carrying out an explosion shall have sole and exclusive control over and full responsibility for the conduct of the explosion.

Article IX

using such information, as well as public release of the results of observation and measurements obtained by designated personnel, may take place only by agreement with the Party carrying out an explosion; however, the other Party shall have the right to issue statements after the explosion that do not divulge information in which the Party carrying out the ex-plosion has rights which are referred to in paragraph 1 of this article.

Article X

The Joint Consultative Commission shall establish procedures through which the Parties will, as appro-priate, consult with each other for the purpose of en-suring efficient implementation of this Protocol.

DONE at Washington and Moscow, on May 28, 1976.

FOR THE UNITED STATES OF AMERICA:

GERALD R. FORD
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.

1. Nothing in the Treaty and this Protocol shall affect proprietary rights in information made available under the Treaty and this Protocol and in information which may be disclosed in preparation for and carrying out of explosions; however, claims to such pro-
   prietary rights shall not impede implementation of the provisions of the Treaty and this Protocol.