Decree of the Minister for Foreign Affairs No. 136 / 1988 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Czechoslovak Socialist Republic, the Union of Soviet Socialist Republics and the German Democratic Republic on Inspections in connection with the Treaty between the Soviet Socialist Republic and the United States of America on the liquidation of their mid-range and shorter-range missiles and the Convention negotiated by way of a note between the Czechoslovak Socialist Republic and the United States of America on inspections in the territory of the Czechoslovak Socialist Republic of 18 December 1987 and 4 January 1988.
Valid
Effective from 01.06.1988
136
DECLARATION
Minister for Foreign Affairs
of 29 July 1988
on the Agreement between the Czechoslovak Socialist Republic, the Union of Soviet Socialist Republics and the German Democratic Republic on inspections in connection with the Treaty between the Union of Soviet Socialist Republics and the United States of America on the liquidation of their mid-range and short-range missiles and the Convention negotiated by exchange of notes between the Czechoslovak Socialist Republic and the United States of America on inspections in the territory of the Czechoslovak Socialist Republic of 18 December 1987 and 4 January 1988.
On 11 December 1987, the Agreement between the Czechoslovak Socialist Republic, the Union of Soviet Socialist Republics and the German Democratic Republic on inspections in connection with the Treaty between the Soviet Socialist Republic and the United States of America on the destruction of their mid-range missiles and shorter range was signed in Berlin. On 18 December 1987 and 4 January 1988, an exchange of notes was agreed between the Czechoslovak Socialist Republic and the United States of America on inspections on the territory of the Czechoslovak Socialist Republic.
The agreement and the convention were agreed by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czechoslovak Socialist Republic.
The Agreement and the Convention entered into force on 1 June 1988.
The Czech version of the Agreement and the Convention are hereby published at the same time.
First Deputy:
JUDr. Johanes v. r.
AGREEMENT
between the Czechoslovak Socialist Republic, the Union of Soviet Socialist Republics and the German Democratic Republic on inspections in connection with the Treaty between the Union of Soviet Socialist Republics and the United States of America on the disposal of their mid-range missiles and shorter range
the Czechoslovak Socialist Republic, the Union of Soviet Socialist Republics and the German Democratic Republic, following the objectives and principles of the Warsaw Treaty for friendship, cooperation and mutual assistance of 14 May 1955 and, in particular, Article 2 thereof,
agree on the following:
1. The Czechoslovak Socialist Republic, the Union of Soviet Socialist Republics and the German Democratic Republic have agreed that the inspection activities in connection with Article XI of the Treaty between the Union of Soviet Socialist Republics and the United States of America on the disposal of their mid-range and short-range missiles, signed in Washington on 8 December 1987, may be carried out in the territory of the Czechoslovak Socialist Republic and the German Democratic Republic and are carried out in accordance with the principles of the Protocol on inspections in connection with the Treaty between the Union of Soviet Socialist Republics and the United States of America on the destruction of their mid-range and short range rockets.
2. The Czechoslovak Socialist Republic and the German Democratic Republic, hereinafter referred to as the States of deployment, have agreed to assist the implementation of the obligations of the Union of Soviet Socialist Republics under the Treaty, including the Protocol on inspections to this Treaty, in their territories in accordance with this Agreement.
3. Nothing in this Agreement shall affect the sovereign right of the State of deployment to ensure that persons present in its territory in connection with the conduct of an inspection activity carried out in accordance with the Protocol on inspections comply with its laws and regulations, while maintaining the privileges and immunities of such persons.
4. The States of deployment shall not accept any obligations under this Agreement and shall not grant any rights arising from the Treaty or the Protocol on Inspection, except those directly adopted or provided in accordance with this Agreement.
5. If the State of deployment has grounds for believing that its rights and interests are at risk as a result of an inspection activity on its territory, the Union of Soviet Socialist Republics shall, at the request of that State, take the necessary measures to protect those rights and interests.
Definition of terms
For the purposes of this Agreement:
1. The term "Treaty" refers to the Treaty between the Union of Soviet Socialist Republics and the United States of America on the disposal of their mid-range missiles and shorter range.
2. The term "Protocol on Inspection" refers to the Protocol between the Union of Soviet Socialist Republics and the United States of America on inspections in connection with the Treaty on the disposal of their mid-range missiles and shorter range.
3. The term "controlled party" refers to the Union of Soviet Socialist Republics.
4. The term "control party" refers to the United States of America.
5. The term "inspection group" refers to inspectors designated by the control party to carry out a specific inspection.
6. The term "inspector" shall refer to the person proposed by the United States of America to carry out inspections and included in the list of US inspectors in accordance with the provisions of Section III. Protocol on inspections.
7. The term "place of inspection" refers to the area, point or object where the inspection is carried out.
8. The term "inspection period" shall refer to the time period from the date of arrival of the inspection group at the place of inspection until its departure from the place of inspection, except for the period devoted to all pre-inspection and post-inspection procedures.
9. The term "point of entry" refers to:
- for the Czechoslovak Socialist Republic:
Prague Airport (Ruzyně);
- for the German Democratic Republic:
Leipzig Airport (Schkeuditz).
10. The term "stay in the country" shall refer to the time period from the date of arrival of the inspection group to the point of entry after leaving the country at the point of entry.
11. The term "accompanying persons" refers to persons assigned by a controlled party who, if necessary, accompany and assist inspectors and crew members throughout their stay in the country.
12. The term "member of an aircraft crew" shall mean the person who fulfils the duties associated with the operation of the aircraft and included in the list of flight crew members of the controlling party.
Notification
1. Once this Agreement enters into force, the controlled party and each State shall establish a permanent link for the transmission and receipt of notifications of inspections and confirmation of their receipt.
2. Upon receipt of a notification from the monitoring party of its intention to carry out an inspection in the territory of the competent State of deployment, the inspected party shall inform the competent authority of that State thereof, indicating the date and estimated time of arrival of the inspection group at the point of entry and the nominal composition of the inspection group members and crew members. Upon receiving from the control party a flight plan from the last aerodrome before entering the airspace of the State in whose territory the site of inspection is located to the point of entry, the inspected party shall forward the plan to the competent authority of that State for approval. The State of deployment on the territory of which the inspection will take place shall notify the controlled party of the approval of the flight plan at least four hours before the scheduled departure time of the inspection group.
3. Upon receiving a report from the head of the inspection group on a specific inspection site, the inspected party shall inform the competent authorities of the State of deployment without delay, notify the site and its geographical coordinates.
4. The State of deployment may change the point of entry referred to in point 9 of Article II of this Agreement. In this case, the State of deployment shall inform the controlled party of the change and inform the controlling party thereof. The change concerning the point of entry shall enter into force 5 months after receipt of this notification by the checking party.
Measures before inspection
1. The inspected party shall transmit to the States the provisional list of inspectors and crew members submitted by the control party and shall also notify all draft control parties of the change in those lists immediately upon receipt. Within 15 days of the adoption of the provisional lists and within 7 days of the adoption of the proposed amendment, the States shall inform the inspected party of their agreement to include inspectors and crew members in the relevant lists.
2. Within 25 days of the adoption of the original lists of inspectors and crew members of aircraft or any other change to those lists, the State shall provide the deployment to any person who has received his consent, visa and, where necessary, the additional documents required for the entry into its territory of each inspector or member of the aircraft crew to be present during his stay in the country for the purpose of carrying out the inspection activity in accordance with the provisions of the Protocol on inspections. Such visas and documents shall be issued for at least 24 months.
Where any person is excluded from the lists of inspectors and crew members of aircraft for the reasons set out in point 7 of Article III The Protocol on inspections shall inform the State of deployment without delay, which shall on this basis invalidate the visa and the relevant documents issued to that person in accordance with this paragraph of the Agreement.
3. Within 25 days of the entry into force of this Agreement, the State of deployment to a controlled party shall notify the number of the diplomatic permit for aircraft of the parties transporting inspectors and equipment necessary for carrying out inspections in its territory. The State of deployment shall notify the controlled party of the international air routes to the point of entry into its territory.
4. In order to carry out effectively the functions of inspectors and crew members of aircraft, the State shall grant them the privileges and immunities contained in the Annex to this Agreement during the entire period of residence in its territory. It is understood that inspectors and crew members are obliged, while maintaining privileges and immunities, to observe the laws and regulations of the State of deployment and not to interfere in its internal affairs.
In the event that the controlling party refuses to fulfil its obligation, adopted in accordance with point 7 of Article III of the Protocol on Inspection, concerning the decommissioning of an inspector or a crew member who has infringed the conditions governing the conduct of inspections or has committed a criminal offence, that inspector or crew member may be refused to grant such privileges and immunities.
5. Equipment and materials imported by the controlling party for inspection shall be exempt from customs duties by the State.
6. The representatives of the State of deployment in which inspections are to be carried out shall have the right, together with the controlled party, to examine the facilities and materials imported by the control party in order to satisfy themselves that such facilities cannot be used to fulfil functions which are not linked to inspections carried out in accordance with the Inspection Protocol. If the State of deployment raises objections to the import of which equipment or materials, the controlled party shall ensure that they are removed from the territory of the State by the first aircraft of the controlling party available.
Inspection
1. Following the provision of information by a controlled party in accordance with point 3 of Article III of this Agreement concerning the site of inspection, the State shall take the necessary measures to grant all authorisations and assistance to the controlling party to enable the inspection group to leave without delay to the inspection site and reach the inspection site no later than 9 hours after the control party has informed the inspection site. The inspected party and the State of deployment in which the inspection site is located shall consult each other on the applicable mode of transport. The State of deployment shall have the right to establish a route between the point of entry and the point of inspection.
2. The State of deployment shall assist the controlled party, if necessary, in ensuring the telephone link between inspectors and the embassy of the controlling party.
3. The controlled party and the State of deployment on whose territory the site of the inspection is located shall consult each other on the matters of ensuring the protection, operation and supply of fuel by the control party, as well as accommodation, food and services for inspectors and crew members of the aircraft at the point of entry and on the site of inspection. Expenditure on all services requested by a controlled party and provided by the State of deployment shall be borne by the controlled party.
4. Where the control party requests an extension of the original 24-hour inspection period for a period not exceeding eight hours, the control party shall immediately inform the State of deployment of the extension.
Consultation
1. Within five days of the entry into force of this Agreement, the controlled party and the States of deployment shall hold a meeting to coordinate the conduct of the inspection activities provided for in Article XI of the Treaty, the Protocol on inspections and this Agreement.
2. Consultations between the controlled party and the State of deployment for the purpose of assessing matters relating to the implementation of this Agreement shall take place within five days of the request of the controlled party or State of deployment for the conduct of such consultations.
3. In the event that any question arises which, in the opinion of the State of deployment, requires immediate attention, the deployment may be combined with the authority of the controlled party concerned with the issues of inspection notification. The audited party shall immediately confirm receipt of the request and shall examine the question referred without delay.
4. In the event that the State of deployment finds that an inspector or a member of the crew of an aircraft has infringed the conditions laid down for carrying out inspections or has committed an offence on its territory, the State of deployment shall inform the controlled party, which shall inform the controlling party of the need to expel that person from the territory of the State of deployment.
5. Upon completion of the inspection, the inspected party shall inform the State of deployment on the territory of which the inspection took place and shall, at the request of the State of deployment, provide explanations concerning the inspection carried out.
6. Where an amendment is proposed to Article XI of the Treaty or to the Protocol on inspections which directly affects the rights, interests or obligations of the State of deployment, the controlled party shall not agree to make such a change without the consent of the States of deployment.
Duration of the Agreement
This Agreement is subject to approval by the governments of the Czechoslovak Socialist Republic, the Union of Soviet Socialist Republics and the German Democratic Republic in accordance with the legislation of these States. At the end of this approval procedure, it shall enter into force at the same time as the Treaty enters into force and shall remain in force until inspections are carried out on the territory of the States in accordance with the Treaty and the Protocol on Inspection.
Negotiated in Berlin on 11 December 1987 in three copies, each in the Czech, Russian and German languages.
For Czechoslovakia
Socialist Republic:
B. Cupcake v. r.
For the Soviet Union
Socialist Republics:
E. A. Ševardnadze v. r.
To Germany
the Democratic Republic of:
O. Fischer v. r.
ANNEX
Provisions on privileges and immunities of inspectors and crew members
In order to carry out the functions of inspectors and crew members effectively, they shall be granted the privileges and immunities set out in this Annex for the purpose of implementing the Treaty and not in their personal interests. Privileges and immunities shall be granted for the entire period of stay within the territory of the State of deployment where the inspection takes place.
1. Inspectors and crew members shall enjoy the same integrity as diplomatic representatives under Article 29 of the Vienna Convention on Diplomatic Relations of 18 April 1961.
2. The documents and correspondence of inspectors and crew members shall enjoy integrity, as provided for in Article 30 of the Vienna Convention on Diplomatic Relations. The inspection group's aircraft shall also enjoy integrity.
3. Inspectors and crew members shall enjoy immunity granted to diplomatic representatives under points 1, 2 and 3 of Article 31 of the Vienna Convention on Diplomatic Relations. Immunities for an inspector or a member of an aircraft crew may be waived by the controlling party in cases where, in its view, the immunity of the performance of the judiciary is hindered and can be waived without prejudice to the implementation of the Treaty provisions.
The waiver of immunity must always be expressed for sure.
4. Inspectors and crew members of the controlling party shall be permitted to bring into the territory of the State of deployment where the place of inspection is situated, without payment of any customs duties or other associated benefits, articles intended for their personal use, with the exception of items whose import or export is prohibited by law or regulated by quarantine regulations.
5. The inspector or crew member shall not engage in professional or commercial activities in the territory of a controlled party or States for the purpose of personal gain.
6. Movements and journeys of inspectors and crew members shall take place where necessary with the participation of persons accompanying them within the country, as specified in the Protocol on inspections.
7. Where a State considers that the privileges and immunities referred to in this Annex have been misused, consultations shall take place between it and the controlled party in order to determine whether such abuse has taken place and, if confirmed, to prevent the recurrence of such abuse.
Note of Ministry of Foreign Affairs CSSR
No. 156.379 / 87-ZPO
The Federal Ministry of Foreign Affairs of the Czechoslovak Socialist Republic shows respect for the United States Embassy and has the honour to say the following.
The Government of the Czechoslovak Socialist Republic was informed by the Government of the Union of Soviet Socialist Republics of the measures agreed between the Union of Soviet Socialist Republics and the United States of America to control the fulfilment of their mutual obligations enshrined in Article XI of the Treaty between the Union of Soviet Socialist Republics and the United States of America on the destruction of their mid-range and short-range rockets and the Protocol on inspections to this Treaty.
They are a firm supporter of the exported and control subject to measures to limit arms and disarmament, the Government of the Czechoslovak Socialist Republic fully supports the Treaty and the Protocol on Inspections and gives its assent to carrying out appropriate inspections on its territory in accordance with this Treaty and the Protocol thereto.
In this respect, the Ministry has the honour to announce that the Government of the Czechoslovak Socialist Republic is willing to grant the Government of the United States and its inspectors as well as the members of the air crews the rights associated with inspections, which are enshrined in the Protocol on Inspections, after having received assurances that the Government of the United States and its inspectors and flight crew members will strictly respect the terms of this Protocol in respect of all activities carried out in accordance with the Protocol in the territory of the Czechoslovak Socialist Republic and in the airspace over this territory. It is understood that none of the content of the Protocol affects compliance with the laws and regulations of the Czechoslovak Socialist Republic on its territory, except those specifically mentioned.
The Ministry has the honour to further propose that this note and note with the embassy's reply on this matter be considered as a convention between the Government of the United States of America and the Government of the Czechoslovak Socialist Republic. This Convention shall enter into force at the same time as the entry into force of the Treaty and shall remain in force for 13 years from the date of entry into force of the Treaty.
However, this Convention shall in no way affect the obligations of the Union of Soviet Socialist Republics and of the United States of America, which have adopted each other in accordance with the Treaty and the Protocol on Inspection.
The Federal Ministry of Foreign Affairs of the Czechoslovak Socialist Republic uses this opportunity to reassure the US Embassy of its deep respect.
Done at Prague, 18 December 1987
United States Embassy
Prague
English translation
Note of the Embassy of the United States of America in Prague
No. 2
The Embassy of the United States of America respects the Federal Ministry of Foreign Affairs of the Czechoslovak Socialist Republic and has the honour of confirming the receipt of a note from the Ministry on 18 December 1987 of the following content:
"The Federal Ministry of Foreign Affairs of the Czechoslovak Socialist Republic shows respect for the Embassy of the United States of America and has the honour to say the following.
The Government of the Czechoslovak Socialist Republic was informed by the Government of the Union of Soviet Socialist Republics of the measures agreed between the Union of Soviet Socialist Republics and the United States of America to control the fulfilment of their mutual obligations enshrined in Article XI of the Treaty between the Union of Soviet Socialist Republics and the United States of America on the destruction of their mid-range and short-range rockets and the Protocol on inspections to this Treaty.
They are a firm supporter of the exported and control subject to measures to limit arms and disarmament, the Government of the Czechoslovak Socialist Republic fully supports the Treaty and the Protocol on Inspections and gives its assent to carrying out appropriate inspections on its territory in accordance with this Treaty and the Protocol thereto.
In this respect, the Ministry has the honour to announce that the Government of the Czechoslovak Socialist Republic is willing to grant the Government of the United States and its inspectors as well as the members of the air crews the rights associated with inspections, which are enshrined in the Protocol on Inspections, after having received assurances that the Government of the United States and its inspectors and flight crew members will strictly respect the terms of this Protocol in respect of all activities carried out in accordance with the Protocol in the territory of the Czechoslovak Socialist Republic and in the airspace over this territory. It is understood that none of the content of the Protocol affects compliance with the laws and regulations of the Czechoslovak Socialist Republic on its territory, except those specifically mentioned.
The Ministry has the honour to further propose that this note and note with the embassy's reply on this matter be considered as a convention between the Government of the United States of America and the Government of the Czechoslovak Socialist Republic. This Convention shall enter into force at the same time as the entry into force of the Treaty and shall remain in force for 13 years from the date of entry into force of the Treaty.
However, this Convention shall in no way affect the obligations of the Union of Soviet Socialist Republics and of the United States of America, which have adopted each other in accordance with the Treaty and the Protocol on Inspection.
The Federal Ministry of Foreign Affairs of the Czechoslovak Socialist Republic uses this opportunity to reassure the United States Embassy of its deep respect. "
In response, the Embassy has the honour to notify the Ministry that the Government of the United States takes note of the willingness of the Government of the Czechoslovak Socialist Republic to assist in carrying out inspections on its territory, as enshrined in the Treaty and in the Protocol thereto.
In connection with this, the Embassy has the honour to further inform the Ministry that the Government of the United States of America provides official assurances to the Government of the Czechoslovak Socialist Republic, requested in the above mentioned note, and agrees that the Note of the Ministry of the Soviet Socialist Republics and this Note of the Embassy be considered as a convention between the Government of the United States of America and the Government of the Czechoslovak Socialist Republic on the conduct of inspections on the territory of the Czechoslovak Socialist Republic, as enshrined in the Treaty between the Union of Soviet Socialist Republics and the United States of America on the destruction of their mid-range rocket and shorter range carried out in accordance with the Protocol on inspections to this Treaty. This Convention shall enter into force at the same time as the entry into force of the Treaty and shall remain in force for a period of 13 years from the date of entry into force of the Treaty.
However, this Convention shall in no way affect the obligations of the United States of America and the Union of Soviet Socialist Republics which have adopted each other in accordance with the Treaty and the Protocol on Inspection.
The Embassy uses this opportunity to reassure the Ministry of its deep respect.
United States Embassy
Prague, 4 January 1988
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Regulation Information
| Citation | Decree No. 136 / 1988 Coll., on the Agreement between the Czechoslovak Socialist Republic, the Union of Soviet Socialist Republics and the German Democratic Republic on inspections in connection with the Treaty between the Soviet Socialist Republic and the United States of America on the liquidation of their mid-range missiles and shorter range and the Convention negotiated by exchange of notes between the Czechoslovak Socialist Republic and the United States of America on inspections in the territory of the Czechoslovak Socialist Republic of 18 December 1987 and 4 January 1988. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.09.1988 |
|---|---|
| Effective from | 01.06.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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