Foreign Relations of the United States, 1958–1960, Volume III, National Security Policy; Arms Control and Disarmament, Microfiche Supplement

399. Telegram Supnu 136 From Geneva¹

Geneva, December 15, 1958, noon

Supnu 136. Following text tabled today by US del as draft treaty Articles VI, VII, VIII, and IX. (Which are numbered as VII, VIII, IX, and X in present US draft).

Begin verbatim text

Article VI—Functions of the Commission

1. The Commission shall establish procedures and standards for the installation, operation and improvement of the detection and identification system in conformity with this treaty and its annexes.

2. The Commission shall appoint an administrator for the system, who shall serve for a period of two years and shall be eligible to succeed himself. The Commission shall approve regulations governing the appointment, remuneration and dismissal of the staff of the Control Organization.

3. The Commission shall continuously review the actions of the administrator and the operation of the system under the terms of the treaty and its annexes.

4. The Commission shall approve the locations of control posts, ships, radiochemical laboratories, bases of operation of routine aircraft sampling flights (satellite tracking stations) and regional headquarters.

5. The Commission shall establish procedures and standards for the formation, equipping, maintenance and staffing of inspection groups, for the provision of adequate communications and transport facilities for such inspection groups, and for the expeditious despatch of such groups to the locality of events which could be suspected of being nuclear explosions. The Commission shall approve the number and base location of inspection groups in accordance with the criteria set forth in this treaty and its annexes.

6. The Commission, in establishing procedures for the staffing of the control organization, shall apply the following principles:

(A) No national of a state within which an inspection group is operating or a control post is located shall be included as a member of the inspection group or on the technical and communications staff of the control post.

(B) The composition of personnel at any component of the detection and identification system shall be such as to minimize the possibility of obstruction to effective operation.

7. The Commission may at any time decide, by a two-third majority of all members, that a particular event qualifying under the terms of this treaty and its annexes for automatic on-site inspection need not be inspected.

8. The Commission shall establish procedures for the despatch of special air missions in accordance with the criteria set forth in this treaty and its annexes.

9. The Commission shall prepare findings in accordance with Article (blank) and shall make recommendations in accordance with that article as to measures to be taken.

10. The Commission may conclude agreements with any state or authority to aid in the carrying out of the provisions of this treaty and its annexes.

11. The Commission shall establish procedures for dissemination of data produced by the control system to nations participating in the system and to interested scientific organization.

12. The Commission shall prepare an annual report to the conference on its activities in carrying out its purpose as defined in Article II and such special reports as it deems necessary on its activities. It shall also prepare for submission to the conference such reports as the Commission may be requested to make to the United Nations. The Commission shall submit these reports, along with the annual reports to the parties to this treaty at least one month before the annual session of the conference following the period covered by the report.

13. The Commission shall establish procedures in accordance with Article (blank) for the surveillance of nuclear devices and observation of nuclear detonations for peaceful purposes.

Article VII—Conference

1. The conference consisting of representatives of parties to this treaty shall meet in regular annual session and in such special sessions as shall be convened by the administrator at the request of the Commission or of a majority of parties to the treaty. The sessions shall take place at the headquarters of the organization unless otherwise determined by the conference.

2. At such sessions, each party to the treaty shall be represented by not more than three delegates who may be accompanied by alternates and advisers. The cost of attendance of any delegation shall be borne by the state concerned.

3. The conference shall elect a president and such other officers as may be required at the beginning of each session. They shall hold office for the duration of the session. The conference, subject to the provisions of this treaty, shall adopt its own rules of procedure. Each party to the treaty shall have one vote. Decisions on budgetary matters shall be made pursuant to Article (blank) and decisions on amendments pursuant to Article (blank). Decisions on other questions, including the determination of additional questions or categories of questions to be decided by a two-thirds majority, shall be made by a simple majority of the parties to the treaty present and voting.

4. The conference may discuss any questions or any matters within the scope of this treaty or relating to the powers and functions of any organs provided for in this treaty and may make recommendations to the parties or to the Commission or to both on any such questions or matters.

5. The conference shall:

(A) elect states to serve on the Commission in accordance with Article IV;

(B) consider the annual and any special report of the Commission;

(C) approve the budget recommended by the Commission in accordance with paragraph (blank) of Article (blank);

(D) approve reports to be submitted to the United Nations as required by any relationship agreement between the organization and the United Nations; or return them to the Commission with the recommendations of the conference;

(E) approve any agreement or agreements between the organization and the United Nations or other organizations as provided in Article (blank) or return such agreements with its recommendations to the Commission for re-submission to the conference.

(F) approve amendments to this treaty in accordance with Article (blank).

6. The conference shall have the authority:

(A) to take decisions on any matter specifically referred to the conference for this purpose by the Commission;

(B) to propose matters for consideration by the Commission and request from the Commission reports on any matter relating to the functions of the Commission.

Article VIII—Administrator and International Staff

1. The administrator shall be the chief executive officer of the system and shall be responsible to the Commission in the performance of his duties.

2. The administrator shall implement procedures established by the Commission for the installation, operation and improvement of the system.

3. The administrator shall be responsible in accordance with the provisions of Article VI, paragraph 2, for the appointment, organization and functioning of the international staff of the organization. He shall be responsible for including in the staff such qualified scientific, technical and other personnel as may be required to fulfill the purpose of the organization.

4. When the administrator is unable to identify as a natural occurrence an event which has been detected by the system and which could be suspected of being a nuclear explosion in accordance with the terms of this treaty and its annexes, he shall so notify the Commission; and after 24 hours have elapsed he shall proceed forthwith to have an inspection of the locality of the event carried out (unless he is otherwise directed pursuant to Article VI, paragraph 7) in order to determine the actual nature of the event.

5. The administrator shall have authority to order special aircraft missions under procedures approved by the Commission in accordance with the criteria set forth in this treaty and its annexes.

6. The administrator shall determine, subject to the approval of the Commission, specific sites for land control posts, radiochemical laboratories, aircraft sampling stations, (satellite tracking stations), and regional offices and locate ships in accordance with the general principles set forth in this treaty and its annexes. The administrator shall, subject to the approval of the Commission, determine the specific flight patterns for routine sampling flights, and orbits of satellites).

7. The administrator shall determine, subject to the approval of the Commission, the number and base location of inspection groups in accordance with the requirements in this treaty and its annexes.

8. The administrator shall be responsible for undertaking a program to improve the operational capability of the system either by research and development carried out by the staff of the system or by appropriate external contracts. This program may, with the approval of the Commission, include experiments performed by the Control Organization to test the effectiveness of the system, including experiments in connection with nuclear explosions carried under Article (blank).

9. The administrator shall prepare the budget of the Control Organization in accordance with paragraph (blank) of Article (blank).

10. The administrator shall render to the Commission such advice and assistance as may be requested.

Article IX—Detection and Identification System

1. The system shall be established and shall operate in accordance with the provision of this treaty and its annexes.

2. The parties undertake to provide the necessary transportation from the port of entry, or within the territory of the party, to the site of any element of the system or any area where an on-site inspection has been initiated whenever adequate and expeditious transportation is not available or has been discontinued for any reason.

3. The parties undertake to enter into appropriate arrangements with the Commission for the utilization of national aircraft for the routine collection of air samples when the administrator determines that existing routine meteorological or commercial flights of national aircraft are acceptable for this purpose. In such cases, the administrator shall specify the equipment to be utilized, and one or more observers from the system, none of whom is a national of the state providing the aircraft, shall accompany the flight.

4. The parties undertake to enter into appropriate arrangements with the Commission either to permit flights by system aircraft over their national territory or to have national aircraft immediately available for flights over their own territory when the administrator determines that special aircraft flights are required over national territory in accordance with the criteria in Annex I. In such cases, the administrator shall specify the equipment to be utilized and one or more observers from the nuclear test detection and identification system, none of whom is a national of the state being overflown, shall accompany the flight.

5. The parties undertake to enter into appropriate arrangements with the Commission for the utilization of national vessels for use as elements of the system when the administrator determines that existing weather or geophysical exploration ships are acceptable for this purpose. In such cases, the administrator shall specify the equipment to be utilized and the operating specialists and technical staff.

6. The parties agree to give inspection groups immediate and undisputed access to the locality of any event for which an inspection has been ordered by the administrator. The parties further agree not to interfere with any of the operations undertaken by an inspection group and to assist the personnel of the inspection groups as they may require in the performance of their mission. Inspection groups may be accompanied by representatives of the states concerned provided that the inspection groups shall not thereby be delayed or otherwise impeded in the exercise of their functions.

(Paragraph 7 will be drafted to make provision for high altitude detection after this matter has been further discussed.)

End vervatim text.

Villard

1. Source: U.S. text for several treaty articles. Official Use Only. 8 pp. NARA, RG 59, Central Files, 700.5611/12–1558.