136/1988 Coll.
Decree
Minister of Foreign Affairs
of 29 April 2004. 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 disposal
their missiles, and shorter range, and concluded
Exchange of notes between the Czechoslovak Socialist Republic and the United
States of America on the inspections on the territory of the Czechoslovak Socialist
republikyze 18 March 2004. December 1987 and 4. January 1988.
On 11 July. December 1987 in Berlin was signed the agreement between the
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
their missiles, and shorter range. On 18 July 2005. December 1987
and 4. January 1988 exchange of notes has been negotiated the Convention between the Czechoslovak
Socialist Republic of Vietnam and the United States of America on the
the territory of the Czechoslovak Socialist Republic.
With the agreement and the Convention have expressed their approval of the Federal Assembly of the
The Czechoslovak Socialist Republic and the President of the Czechoslovak
the Socialist Republic is ratified.
The agreement and the Convention entered into force on 1 January 2000. June 1988.
The Czech text of the agreement and the Convention shall be published at the same time.
First Deputy:
JUDr. Johanes in r.
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 disposal
their missiles, and shorter range
The Czechoslovak Socialist Republic, Union of Soviet Socialist
republics and the German Democratic Republic, being guided by the purposes and principles of the
The Warsaw Treaty of friendship, cooperation and mutual assistance of 14 July 2004.
May 1955 and in particular by its article 2,
They agreed on the following:
Article. (I)
1. The Czechoslovak Socialist Republic, the Union of Soviet
Socialist Republics and the German Democratic Republic
that inspection activities in accordance with article XI of the Treaty between the Union of
Soviet Socialist Republics and the United States of America on the
dispose of their missiles, and shorter range nuclear forces Treaty, signed in
Washington, 8. December 1987, may be exercised in the territory of
The Czechoslovak Socialist Republic and the German Democratic Republic
and is carried out in accordance with the principles of the Protocol on inspection in connection
with the Treaty between the USSR and the United
States of America on the liquidation of their missiles, and shorter
range.
2. the Czechoslovak Socialist Republic and the German Democratic
Republic, hereinafter referred to as the States of the deployment, agree that they will be
to assist the performance of the obligations of Soviet Socialist Republics
arising from the contract, including the Protocol on inspections to this Treaty,
on their territories in accordance with this agreement.
3. Nothing in this Agreement shall affect the sovereign rights of the State distribution
ensure that persons who are within its territory in connection with
carrying out the inspection activities, carried out in accordance with the Protocol on
inspections, comply with its laws and regulations while maintaining the privileges and
immunities granted to such persons.
4. States the deployment do not accept any obligation under this agreement and
do not provide any rights under the Treaty or the Protocol on the
inspections, in addition to those that were directly received or provided in a
accordance with this agreement.
5. If the State of the deployment has reasons to believed that in
as a result of the implementation of the inspection activities on its territory are at risk of his
the rights and interests of the Union of Soviet Socialist Republics, on the request of the
the State shall take necessary measures for the protection of these rights and
interests.
Article II
Definitions of terms
For the purposes of this agreement:
1. The term "agreement" means the contract between the Union of Soviet
Socialist Republics and the United States of America on the disposal
their missiles, and shorter range.
2. The term "inspection" refers to the Protocol between the Union
Soviet Socialist Republics and the United States of America on the
inspections in connection with the Treaty on the disposal of their rockets Middle
range and shorter range.
3. The term "controlled side" refers to the Union of Soviet
Socialist Republics.
4. The term "controlling party" refers to the United States.
5. The term "inspection team" means the designated inspectors, inspection
party to conduct a particular inspection.
6. The term "Inspector" means a person, a proposed United States
us to carry out and included in the list of U.S. inspectors in the
accordance with the provisions of section III. Of the Protocol on inspection.
7. The term "site inspection" refers to a range, paragraph, or an object, where the
conducts inspections.
8. The term "period of inspection" refers to the period of time from the moment you arrive
an inspection group to the place of inspection to its departure from the place of inspection,
with the exception of the time dedicated to all předinspekčním and poinspekčním
the mass.
9. The term "point of entry" means:
-for the Czechoslovak Socialist Republic: Prague Airport (Ruzyně);
-for the German Democratic Republic: Leipzig (Schkeuditz) airport.
10. The term "duration of stay in the country" refers to the period of time from the moment of
the arrival of the inspection groups to the point of entry, after the moment when he leaves the Earth
at the point of entry.
11. The term "accompanying persons inside the country" refers to the people devoted
controlled party, that in case of necessity accompany inspectors
and members of the flight crew and help them throughout their stay in the country.
12. The term "member of the crew" means a person who carries out the obligations
associated with the operation of the aircraft and included in the list of crew members
the controlling party.
Article. (III)
The notification of the
1. After this agreement comes into force, establish a controlled the party and
each State of deployment of a persistent connection for the transmission and receipt of notice of
inspection and confirmation of their income.
2. immediately upon receipt of a notification from the controlling parties of its intention to
carry out an inspection on the territory of the competent State shall inform the deployment
controlled by the competent authority of that State party, shall notify the date and
estimated time of arrival of the inspection groups to the point of entry and
the nominal composition of the members of the inspection group, and members of the crew of the aircraft.
After receiving from the controlling party from the last airport flight schedule
prior to entering the airspace of the State in whose territory the
position of the inspection, to the point of access, access controlled page this plan passes
the competent authority of that State to approve it. State distribution, the
whose territory will carry out inspections, notify the controlled side
approval of the plan for at least four hours before the flight's scheduled departure time
the inspection group.
3. Guided by the party after receipt from the head of the inspection group
a report on the specific site inspections, it shall inform without delay
the competent authorities of the State of deployment, the position of the inspection and shall notify its
latitude and longitude coordinates.
4. the State may change the place of entrance, referred to in point 9 of article II
of this agreement. In this case, the State will inform deployment
controlled side of this change and it shall inform the party
controlling. Change regarding the place of entrance shall enter into force for 5
months after receipt of this notification, the controlling party.
Article IV
Measures before carrying out the inspection
1. the Party shall transmit to the States Controlled deployment of preliminary lists
inspectors and members of the flight crew submitted by the controlling party, and
all proposals shall also notify the controlling parties on amendments to that
lists immediately after receiving them. Within 15 days from the moment of the adoption of the
the preliminary lists and within 7 days from the moment of the adoption of the proposed amendments
inform the States distribute controlled party of its consent to
the inclusion of the inspectors and the members of the crew of the aircraft to the appropriate lists.
2. Within 25 days after receipt of the original lists of inspectors and crew members
aircraft or any other changes to these lists will provide a State
distribution to any person in terms of the determination of his consent,
in case of necessity the visa and other documents, required for entry
each inspector or member of the crew of the aircraft on its territory, and
allowing to be there after a period of residence in a country for the purposes of the implementation of the
inspection activities in accordance with the provisions of the Protocol on inspection.
These visas and documents shall be issued for a period of at least 24 months.
In the case of exclusion of any person from the lists of inspectors and members of the
the flight crew of the reasons referred to in point 7 of article III of the Protocol on the
the inspections will be about the party, without delay, inform the checked state
the deployment of that on this basis the validity of the visa and the appropriate cancels
documents that have been issued to that person in accordance with this point of the agreement.
3. Within 25 days after the entry into force of this agreement, shall notify to the State
the deployment of controlled side number of the diplomatic permits for
the aircraft controlling party that transported the inspectors and equipment,
necessary for carrying out the inspections on its territory. While the State distribution
Announcing a controlled side laid down international air routes to
the point of entry on its territory.
4. For the purpose of the effective implementation of the functions of inspectors and crew members
the State will provide the aircraft deployment during the entire period of stay on
within its territory of the privileges and immunities contained in the annex to this agreement. Means the
the inspectors and the members of the crew are in maintaining the privileges and
immunities as are required to observe the laws and regulations of the State of deployment and not interfere with the
in its internal affairs.
In the case where the controlling party refuses to meet his commitment, adopted by the
in accordance with point 7 of article III of the Protocol on inspection, concerning the
disposal of the inspector or member of the crew of the aircraft that violated the conditions
governing the conduct of inspections or committed a crime, then this
an inspector or member of the crew may be refused for more
the provision of its rights to these privileges and immunities.
5. Equipment and materials imported controlling party for the implementation of
inspection by the State are exempted from the deployment of customs fees.
6. representatives of the State of the deployment, which will carry out inspections, have
the right to examine, together with the party-controlled equipment and materials
imported controlling party in order to make sure that
This device cannot be used for the performance of functions that are not
associated with the inspections carried out in accordance with the Protocol on inspection.
If the deployment State raises objections against the importation of
equipment or materials, then controlled party shall ensure their
the removal from the territory of the State of the deployment of the first plane of the controlling parties,
that is available.
Article. In
Conduct of inspections
1. after the information is controlled, in accordance with point 3
Article III of this agreement, relating to the place of inspection, State
the deployment of the necessary measures to provide all authorisation as well as help
the controlling party for the purpose of the inspection team could
the delay to go to the place of inspection to the inspection site no later than
during the 9 hours after the controlling party informed about the site
the implementation of the inspection. Controlled the party and the State of deployment, in which
the place of inspection, shall consult each other on applicable species
transport. State distribution has the right to establish a route between the point of entry and
place of inspection.
2. the State of deployment, if necessary assisted by controlled side
in providing the inspectors with the Embassy telephone connection
the controlling party.
3. Guided the party and the State on whose territory the distribution is
place of inspection, they shall consult on issues of ensuring
protection, service and supply fuel, aircraft controlling parties and
accommodation, food and services for inspectors and crew members
the aircraft at the point of entry and inspection on site. Expenditure on all services,
the requested Party, and provided by the State-controlled distribution, shall be borne by
controlled by the party.
4. in the event that the controlling party requests an extension of the original
the 24-hour inspection period for a period which may not exceed eight hours,
guided by this extension of the Party shall immediately inform the State
the deployment.
Čl.VI
Consultation
1. within five days of the entry into force of this agreement, controlled the party and
States distribute arranged a meeting to coordinate implementation of inspection
activities envisaged by article XI of the Treaty, the Protocol on inspections and
This agreement.
2. Consultation between the party and the State-controlled distribution for the purpose of
an assessment of the issues of realization of this Agreement shall take place within five days of the request
controlled by the parties or the State of deployment of these
the consultations.
3. In the event that any question arises which, in the opinion of the State
deployment requires immediate attention, you may find the deployment link
with the authority of the controlled party that deals with the issues of notification
inspections. Controlled side immediately acknowledge receipt of the request, and
examine immediately presented question.
4. in the event that the State distribute finds that an inspector or member of the crew
the aircraft violated the conditions laid down for carrying out the inspections, or committed
crime in its territory, it shall inform the State-controlled distribution
party, which shall notify the controlling side the need to expel that person from the
the territory of the State.
5. Upon completion of the inspection, it shall inform the party controlled state
the deployment, on whose territory the inspection took place, and at the request of the State
the deployment of an explanation relating to the inspection carried out.
6. In the event that the provisions of article XI of the Treaty or the Protocol on inspections is
proposed to change, which directly affects the rights, interests, or
obligations of the State party not controlled distribution, agree with the
making such changes without the consent of the States.
Article. (VII)
The period of validity of the agreement
This agreement shall be subject to the approval of the Government of the Czechoslovak Socialist
Republic, Union of Soviet Socialist Republics and the German
Democratic Republic in accordance with the legislation of those States. After
the completion of this approval procedure shall enter into force at the same time
the entry into force of the Treaty and shall remain in force until then, until the
the deployment will be in the territory of States to carry out inspections in accordance with the Treaty,
and the Protocol on inspection.
Agreed in Berlin on 11 July. December 1987 in three copies, each in the
Czech, English, Russian and German.
For the Czechoslovak Socialist Republic:
B. Now in r.
For the Union of Soviet Socialist Republics:
E. a. Shevardnadze in r.
The German Democratic Republic:
O. Fischer in r.
Č. 1
The provisions on the portal and the immunity of inspectors and members of the flight crew
In the interests of effective implementation of the functions of the inspectors and the members of the air crew
They provide for the purpose of implementation of the contract and not in their personal
interests, privileges and immunities referred to in this annex. Privileges and immunities shall
provide for the whole period of residence on the territory of the State where the distribution takes place
the inspection.
1. the inspectors and members of the flight crew shall enjoy the same
inviolability as diplomatic representatives in accordance with article 29 of the Vienna
Convention on diplomatic relations of 18. April 1961.
2. documents and correspondence of the inspectors and the members of the air crew
shall enjoy inviolability, as referred to in article 30 of the Vienna Convention on
diplomatic relations. Aircraft inspection group also have the
inviolability.
3. the inspectors and members of the flight crew, the immunities which
provide diplomatic representatives in accordance with point 1, 2 and 3 of article 31
The Vienna Convention on diplomatic relations.
Immunity for the inspector or member of the crew of the aircraft control
a party may waive in cases where, in its opinion, prevents
immunity of the judiciary and it can be waived without prejudice to the implementation
the provisions of the Treaty.
Waiver of immunity must always be expressed, certainly.
4. The inspectors and members of the flight crew of the controlling party is allowed
bring on the territory of the State of deployment, where the place of inspection, without
the payment of any customs charges or other related benefits
objects that are intended for their personal use, with the exception of
items whose importation or exportation is prohibited by law or is being edited
the quarantine regulations.
5. the inspector or member of the crew of the aircraft may not be in the territory of the controlled
the parties or States of the deployment to deal with professional or business
activities for the purpose of personal gain.
6. Movement and travel of inspectors and members of the flight crew shall be carried out in
If necessary with the participation of the persons accompanying them inside the country,
as set out in the Protocol on inspections.
7. considers the deployment is to become that there has been abuse of the privileges and immunities,
referred to in this annex, shall be held between him and the party-controlled
consultation in order to determine whether such an abuse has occurred, and in
the case of confirmation of such fact, prevent the recurrence of such
abuse.
Č. 2
Certificate of the Ministry of Foreign Affairs of Czechoslovakia
No. 156-379/87-ZPO
The Federal Ministry of Foreign Affairs of the Czechoslovak Socialist
Republic reflected respect the Embassy of the United States and has
the honour to convey the following.
The Government of the Czechoslovak Socialist Republic was informed by the Government of
Union of Soviet Socialist Republics on measures agreed between the
Soviet Socialist Republics and the United States of America
to check the performance of their mutual obligations enshrined in article XI
The contract between the Union of Soviet Socialist Republics and the United
States of America on the liquidation of their missiles, and shorter
range and in the Protocol to this Treaty on inspections.
Being a solid supporter of the balanced and control subject to measures to
limitation of armaments and disarmament, the Government of the Czechoslovak Socialist
the Republic fully supports the Treaty and the Protocol on inspections and
expresses its consent to the implementation of the relevant inspections in its territory in
accordance with this agreement and the Protocol to it.
In this context, the Ministry has the honor to notify that the Government of
The Czechoslovak Socialist Republic is willing to provide to the Government
The United States and its inspectors and members of the air
the crews of the rights associated with the inspections, which are enshrined in the Protocol on the
inspections when it receives assurances that the Government of the United States
America and its inspectors and members of the air crew will be strictly
comply with the terms of this Protocol in respect of all activities
carried out in accordance with the Protocol on the territory of the Czechoslovak Socialist
States and in the airspace above the territory. While it is understood that
None of the content of the Protocol does not affect the compliance with laws and regulations
The Czechoslovak Socialist Republic on its territory with the exception of those
which are specifically mentioned.
The Ministry has further the honour to propose that this certificate and the certificate with the response
Embassy in this matter have been assessed as a Convention between
the Government of the United States of America and the Government of the Czechoslovak Socialist
of the Republic. This Convention shall enter into force simultaneously with the entry into
validity of the contract and shall remain in force for a period of 14 years from the date of entry into
force of the Treaty.
This Convention shall in no case, however, shall not affect the obligations of the Soviet
Socialist Republics and the United States of America, other
adopted 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 renew to ensure
Embassy of the United States of America on their deep consideration.
In Prague on 18. December 1987
Embassy of the United States of America
Prague
Translation from English
Certificate of the Embassy of the United States in Prague
# 2
Embassy of the United States of America manifested respect Federal
Ministry of Foreign Affairs of the Czechoslovak Socialist Republic and the
has the honor to acknowledge receipt of the note verbale of the Ministry. December 1987
the following content:
"The Federal Ministry of Foreign Affairs of the Czechoslovak Socialist
Republic reflected respect the Embassy of the United States and has
the honour to convey the following.
The Government of the Czechoslovak Socialist Republic was informed by the Government of
Union of Soviet Socialist Republics on measures agreed between the
Soviet Socialist Republics and the United States of America
to check the performance of their mutual obligations enshrined in article XI
The contract between the Union of Soviet Socialist Republics and the United
States of America on the liquidation of their missiles, and shorter
range and in the Protocol to this Treaty on inspections.
Being a solid supporter of the balanced and control subject to measures to
limitation of armaments and disarmament, the Government of the Czechoslovak Socialist
the Republic fully supports the Treaty and the Protocol on inspections and
expresses its consent to the implementation of the relevant inspections in its territory in
accordance with this agreement and the Protocol to it.
In this context, the Ministry has the honor to notify that the Government of
The Czechoslovak Socialist Republic is willing to provide to the Government
The United States and its inspectors and members of the air
the crews of the rights associated with the inspections, which are enshrined in the Protocol on the
inspections when it receives assurances that the Government of the United States
America and its inspectors and members of the air crew will be strictly
comply with the terms of this Protocol in respect of all activities
carried out in accordance with the Protocol on the territory of the Czechoslovak Socialist
States and in the airspace above the territory. While it is understood that
None of the content of the Protocol does not affect the compliance with laws and regulations
The Czechoslovak Socialist Republic on its territory with the exception of those
which are specifically mentioned.
The Ministry has further the honour to propose that this certificate and the certificate with the response
Embassy in this matter have been assessed as a Convention between
the Government of the United States of America and the Government of the Czechoslovak Socialist
of the Republic. This Convention shall enter into force simultaneously with the entry into
validity of the contract and shall remain in force for a period of 14 years from the date of entry into
force of the Treaty.
This Convention shall in no case, however, shall not affect the obligations of the Soviet
Socialist Republics and the United States of America, other
adopted 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 renew to ensure
Embassy of the United States of America on their deep consideration. "
In response, the Embassy has the honour to inform the Ministry that the Government
The United States takes note of the willingness of the Government of the Czechoslovak
Socialist Republic of Vietnam to facilitate inspections on its territory
enshrined in the Treaty and in the Protocol.
The Embassy has in this context to convey to the Ministry further honor that
the Government of the United States provides to the Government of the Czechoslovak
the Socialist Republic official assurances requested in the above
nótě, and agrees that the certificate of the Ministry of 18 May. December 1987
and the certified Embassy have been assessed as the Convention between the Government of
The United States of America and the Government of the Czechoslovak Socialist
States to undertake inspections on the territory of the Czechoslovak Socialist
Republic, enshrined in the Treaty between the Union of Soviet
Socialist Republics and the United States of America on the disposal
their missiles and the short-range ballistic missiles carried out in accordance with the
Protocol on inspections to this contract. This Convention shall enter into force on
at the same time with the entry into force of the Treaty and shall remain in force for a period of
Thirteen years after the date of entry into force of the Treaty.
This Convention shall in no case, however, shall not affect the obligations of the United States
America and the Union of Soviet Socialist Republics, which each other
adopted in accordance with the Treaty and the Protocol on inspection.
Embassy of the United States of America
Prague, 4. January 1988