Foreign Relations of the United States, 1969–1976, Volume E–2, Documents on Arms Control and Nonproliferation, 1969–1972

78. Soviet Draft Treaty¹ ²

Geneva, March 18, 1969

Soviet Proposal Submitted to the Eighteen Nation Disarmament Committee: Draft Treaty on Prohibition of the Use for Military Purposes of the Sea-Bed and the Ocean Floor and the Subsoil Thereof, March 18, 1969³

The States Parties to this Treaty,

Noting that developing technology makes the sea-bed and the ocean floor and the subsoil thereof accessible and suitable for use for military purposes,

Considering that the prohibition of the use of the sea-bed and the ocean floor for military purposes serves the interests of maintaining world peace and reducing the arms race, promotes relaxation of international tension and strengthens confidence among States,

Being convinced that this Treaty will contribute to the fulfillment of the purposes and principles of the United Nations,

Have agreed as follows:

Article 1

The use for military purposes of the sea-bed and the ocean floor and the subsoil thereof beyond the twelve-mile maritime zone of coastal States is prohibited.

It is prohibited to place on the sea-bed and the ocean floor and the subsoil thereof objects with nuclear weapons or any other types of weapons of mass destruction, and to set up military bases, structures, installations, fortifications and other objects of a military nature.

Article 2

All installations and structures on the sea-bed and the ocean floor and the subsoil thereof shall be open on the basis of reciprocity to representatives of other States Parties to this Treaty for verification of the fulfillment by States which have placed such objects thereon of the obligations assumed under this Treaty.

Article 3

The outer limit of the twelve-mile maritime zone established for the purposes of this Treaty shall be measured from the same base-lines as are used in defining the limits of the territorial waters of coastal States.

Article 4

1. This Treaty shall be open for signature to all States. Any State which does not sign the Treaty before its entry into force in accordance with paragraph 3 of this article may accede to it at any time.

2. This Treaty shall be subject to ratification by signatory States. Instruments of ratification and of accession shall be deposited with the Governments of ………., which are hereby designated the Depositary Governments.

3. This Treaty shall enter into force after the deposit of instruments of ratification by five Governments, including the Governments designated as Depositary Governments.

4. For States whose instruments of ratification or accession are deposited after the entry into force of this Treaty it shall enter into force on the date of the deposit of their instruments of ratification or accession.

5. 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 the supreme interests of its country. It shall give notice of such withdrawal to all Parties to the Treaty and to the United Nations Security Council three months in advance. Such notice shall include a statement of the extraordinary events it considers to have jeopardized its supreme interests.

6. The Depositary Governments shall forthwith notify the Governments of all States signatory and acceding to this Treaty of the date of each signature, of the date of deposit of each instrument of ratification or of accession, of the date of the entry into force of this Treaty, and of the receipt of other notices.

7. This Treaty shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.

Article 5

This Treaty, the English, Russian, French, Spanish and Chinese texts of which are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the Depositary Governments to the Governments of the States signatory and acceding thereto.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Treaty.

DONE in . . . . . at . . . . ., this . . . . . day of . . . . ., . . . . ..

1. Source: Documents on Disarmament, 1969, pp. 112–113. No classification marking.
2. The Soviets submitted a draft seabed arms control treaty at the opening session of the ENDC. This proposed treaty banned nuclear weapons and those of mass destruction from the seabed and the ocean floor outside of the twelve-mile territorial zone and opened those former ocean testing sites for inspection and verification.
3. (1) ENDC/240, Mar. 18, 1969.