163. Telegram 12947 From the Embassy in the Soviet Union to the Department of State1
12947. Subject: Soviet UN Draft on Nuclear Weapons Test Ban. Ref: Moscow 12888.
1. International Organizations Department of MFA (Nazarkin) today provided U.S. draft text of a treaty on “full and universal prohibition of nuclear weapons tests” and accompanying letter from Gromyko to Secretary General which will constitute the Soviet disarmament initiative at the UNGA. Nazarkin said that both documents will be transmitted by the Soviet Mission in New York to the SecGen at 1500Z Sep 11. Main points of treaty are as reported Sept 10 in reftel. Embassy translation of operative articles of draft treaty follows.
2. (Preamble notes, inter alia, UNGA call for end to all nuclear weapons tests; need for continuing availability of PNE’s to both NNWS and NWS; and need for continuing compliance with LTBT until entry into force of present treaty.)
3. Article I
1. Each state-party to the present treaty undertakes to prohibit, to prevent, and not to carry out any test explosions of nuclear weapons at any site located under its jurisdiction or control in any environment—in the atmosphere, in space, under water or underground.
2. Each state-party to the present treaty undertakes to refrain from inducing, encouraging, or participating in any way in the carrying out of nuclear explosions prohibited in paragraph I of the present article.
Article II
1. Verification of compliance with the present treaty will be carried out by the states-parties through the use of national technical means of verification at their disposal in a manner in accordance with generally recognized norms of international law.
[Page 537]2. In the interests of ensuring the implementation of the goals and provisions of the present treaty parties to the treaty will cooperate in an international exchange of seismic data.
3. To promote implementation of the goals and provisions of the treaty the parties will, when necessary, consult with each other, make inquiries and receive appropriate information in connection with such inquiries.
4. Each state-party which believes that any other state-party is acting in violation of the obligations flowing from the provisions of the treaty may submit a complaint to the Security Council of the UN. Such a complaint should contain all possible evidence supporting its validity and a request that the Security Council examine it. The Council will inform the states-parties of the results of its examination.
Article III
1. The provisions of Article I do not apply to peaceful underground nuclear explosions carried out by nuclear weapon states on territory located under their jurisdiction, and also in accordance with agreements under which, according to Article V of the NPT, non-nuclear weapon states will receive the benefits of any peaceful application of nuclear explosions.
2. Explosions addressed in paragraph 1 of the present article are carried out in the following manner:
A) For non-nuclear weapon states, according to Article V of the NPT;
B) For nuclear weapon states, in accordance with the procedure which will be established by a special agreement in relation to which the nuclear weapon states will carry out negotiations, taking into necessary account the recommendations of IAEA on this question, and which will be concluded as soon as possible.
Article IV
Provisions of the present treaty do not affect obligations which the states-parties have taken upon themselves in other international agreements.
Article V
(Contains amendment provisions under which requests from one third of parties to consider amendment results in conference, at which approval by majority of parties, including all NWS, constitutes acceptance.)
Article VI
1. The present treaty is open for signature by all states. Any state which does not sign the treaty before its entry into force in accordance with paragraph 3 of the present article may accede to it at any time.
[Page 538]2. (Ratification procedures)
3. The treaty enters into force after deposition of the instruments of ratification by (blank) governments, including the governments of all nuclear weapon states.
4.–5. (Deposition and entry into force for states acceding after initial entry into force.)
6. (UN registration under Article 102.)
Article VII
The present treaty is without time limit. Each state-party to the treaty as a consequence of its state sovereignty has the right to withdraw from the treaty if it decides that exceptional circumstances connected to the content of the treaty threaten its higher interests . . .
Article VIII
(Equally authentic languages, other procedural information.)
4. Gromyko letter to the SecGen contends that UNGA is to proceed in international situation characterized by “great positive changes” and at time when détente moving to new areas. Proper agenda task is therefore, letter continues, to “complement and strengthen” political détente in military areas through disarmament measures. Letter lists agreements attesting to progress already achieved in disarmament area, pointing out “special significance” of U.S.-Soviet agreements. On-going talks in Geneva and Vienna are mentioned. Letter laments, however, that arms race is not yet stopped, and that “in a number of states military expenditures are systematically being increased”.
5. Letter presents present initiative as effort to supplement LTBT by prohibition of underground explosions as well as in other three environments, noting importance of U.S.-Soviet TTBT as step toward this end.
6. Embassy pouching original Russian language text of both documents to EUR/SOV.
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Summary: The Embassy transmitted its translation of the Soviet draft treaty on a nuclear weapons test ban and its translation of a letter to UN Secretary General Waldheim from Soviet Foreign Minister Gromyko, in which Gromyko indicated that the initiative supplemented the Limited Test Ban Treaty.
Source: National Archives, RG 59, Central Foreign Policy File, D750314–1230. Limited Official Use; Immediate. Repeated for information Immediate to USUN. For Gromyko’s September 11 letter to Waldheim submitting the draft treaty and the full text of the draft, see Documents on Disarmament, 1975, pp. 459–463. Telegram 12888 from Moscow, September 10, is Document 162.
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