On The Agreement Between The Czechoslovak Socialist Republic, Ussr And East Germany On Inspections In Souv. With The Treaty,

Original Language Title: o Dohodě mezi ČSSR, SSSR a NDR o inspekcích v souv. se smlouvou

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=37788&nr=136~2F1988~20Sb.&ft=txt

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