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  LIbrary Treaties Underground Test Ban, Protocol Section XI, December 11, 1990

Section XI. Procedures For Consultation and Coordination

1. For the purposes of implementation of the Treaty and this Protocol, the Parties shall, immediately following entry into force of the Treaty, establish a Bilateral Consultative Commission, within the framework of which they shall meet, at the request of either Party, to:

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(a) consider any questions relating to implementation of the Treaty and this Protocol;
(b) consider any suggestions for amendments to the Treaty or this Protocol;
(c) consider any technical or administrative changes to this Protocol of the nature provided in paragraph 2, 3, or 4 of this Section;
(d) consider any questions relating to compliance with the Treaty and this Protocol;
(e) consider any new verification technologies having a bearing on the Treaty or this Protocol;
(f) seek agreement on those matters specified in this protocol as requiring agreement of the Parties; and
(g) seek agreement on questions related to costs for verification activities and procedures for reciprocal payments of such costs between the Parties.

2. If the Parties determine that the periods of time specified with respect to notifications in Section IV of this Protocol create practical difficulties and do not serve the interest of effective implementation of this Protocol, they may change such periods of time by agreement in the Bilateral Consultative Commission. Such agreed changes shall not be considered amendments to the Treaty or this Protocol.

3. If the Parties determine that, in the interest of effective implementation of this Protocol, the arrangements set forth in Section X of this Protocol regarding transportation, lodging, food, and services require modification, the provisions of Section X of this Protocol may be changed by agreement of the Parties in the Bilateral Consultative Commission. Such agreed changes shall not be considered amendments to the Treaty or this Protocol.

4. If the Parties determine that modifications to verification procedures, including modifications resulting from improvements in existing technologies, would enhance effective implementation of the basic aims of the Treaty or this Protocol, they may, in the Bilateral Consultative Commission, agree upon such modifications. Such agreed modifications shall not be considered amendments to the Treaty or this Protocol.

5. The Parties, through consultation, shall establish, and may amend as appropriate, regulations to govern the operations of the Bilateral Consultative Commission.

6. For each test with respect to which activities related to verification are carried out in accordance with this Protocol, the Parties shall establish a Coordinating Group of the Bilateral Consultative Commission that shall be responsible for coordinating the activities of the Verifying Party with the activities of the Testing Party. The Bilateral Consultative Commission may, as necessary, establish and amend procedures governing the activities of the Coordinating Group.

7. The Coordinating Group shall operate throughout the entire period of preparing and carrying out activities related to verification of a specific test, until departure of Designated Personnel from the territory of the Testing Party.

8. All members of the Coordinating Group from the Verifying Party shall be drawn from the list of Designated Personnel. The Representative of the Verifying Party to the Coordinating Group shall be the Principal Designated Personnel Team Leader, whose name shall be provided simultaneously with the notification of intent to carry out activities related to verification of a specific test. Within 15 days following receipt of this notification, the Testing Party shall provide the Verifying Party with the name of its Representative to the Coordinating Group.

9. The first meeting of the Coordinating Group shall be convened in the capital of the Testing Party within 25 days following notification by the Verifying Party that it intends to carry out activities related to verification of a specific test. Thereafter, the Coordinating Group shall meet at the request of either Party.

10. On the first day of the first meeting of the Coordinating Group, the Testing Party shall present a list, including times and durations, of all activities it intends to carry out that could affect the rights of the Verifying Party provided in this Protocol with respect to activities declared by it and related to verification of a specific test. If the Verifying Party has provided notification of its intent:

(a) to use the hydrodynamic yield measurement method or carry out an on-site inspection, the Testing Party shall provide the Verifying Party with the following information:

(i) the number of emplacement holes for the specific test;
(ii) with respect to each emplacement hole, whether, for the purposes of this Protocol, the emplacement hole shall be deemed vertical or horizontal; and
(iii) the number of explosions included in the test and the location of each planned end of each emplacement hole and of the corresponding planned emplacement point, to the nearest 10 meters;

(b) to use the hydrodynamic yield measurement method with respect to a test of standard configuration that includes more than one explosion, the Testing Party shall provide, in addition to the information specified in subparagraph (a) of this paragraph, the following information:

(i) whether any explosion has a planned yield exceeding 50 kilotons, and, if so, which explosion or explosions; and
(ii) whether any explosion has a planned yield exceeding 35 kilotons, and, if so, which explosion or explosions; and

(c) to use the hydrodynamic yield measurement method with respect to a test of non-standard configuration, the Testing Party shall provide the information specified in subparagraphs (a) and (b) of this paragraph, as well as the following information:

(i) a detailed description, including dimensions, of each emplacement hole and any access or bypass tunnels connected to each emplacement hole if any portion of an access or bypass tunnel is within the hydrodynamic measurement zone;
(ii) the dimensions of each explosive canister and its orientation in the emplacement hole;
(iii) the density and dimensions of each choke section; and
(iv) the location and configuration of any access or bypass tunnels and any known voids with a volume larger than one cubic meter, within 50 meters of the wall of each emplacement hole within the hydrodynamic measurement zone, and the bulk density of the stemming material if these voids are to be stemmed.

11. Within 15 days following the convening of the first meeting of the Coordinating Group, the Verifying Party shall provide the Testing Party, in the Coordinating Group, with a list of the activities it intends to carry out, as well as those activities provided for in this Protocol that it intends not to carry out. The Verifying Party shall also provide the Testing Party, in the Coordinating Group, with a preliminary statement of its requirements for technical and logistical support for the activities related to verification that it intends to carry out and whether it will require the Testing Party to provide the cables specified in paragraphs 3(a) and 3(b) of Section VIII of this Protocol for its use. If the Verifying Party has notified the Testing Party that it intends to use the hydrodynamic yield measurement method with respect to a test of non-standard configuration, the Verifying Party also shall inform the Testing Party:

(a) whether it requires a reference test; and

(b) whether it will actually carry out hydrodynamic yield measurements of the test of non-standard configuration, and, if so, which measurements, and:

(i) the number of satellite holes required and the specific distance and azimuth relative to the emplacement hole of the second and third satellite holes, if such are requested by the Verifying Party and, if the Testing Party is unable to prepare the first satellite hole in accordance with the conditions for such hole in the standard configuration, the distance and azimuth of that satellite hole relative to the emplacement hole; and
(ii) in which satellite holes the Verifying Party intends to use transducers and associated power supplies.

12. Within 10 days following receipt by the Testing Party of the information specified in paragraph 11 of this Section, the Parties, in the Coordinating Group, shall develop and agree upon a coordinated schedule, which shall include specific times and durations for carrying out activities related to verification, ensuring the rights of each Party provided in this Protocol, and taking into account the number of Designated Personnel that will carry out activities related to verification of a specific test in accordance with Sections V, VI, and VII of this Protocol. The coordinated schedule shall reflect those numbers.

13. Agreement of the Representative of each Party to the Coordinating Group shall constitute agreement of the Parties for the purposes of this Protocol with the exception of paragraphs 3,4,5, 6, and 9 of Section III of this Protocol and paragraph 2 of Section XII of this Protocol.

14. Upon completion of activities related to verification of a specific test, the Designated Personnel Team Leader at the test site or at each Designated Seismic Station shall prepare a written report, in the language of each Party. The report shall be factual. It shall list activities carried out by Designated Personnel, with dates of their completion, and shall include lists of information, data, photographs, and samples obtained by Designated Personnel or provided by the Testing Party in accordance with this Protocol. The report shall list technical and logistical activities carried out by the Testing Party in support of activities related to verification. The Designated Personnel Team Leader shall include in the report comments on any ambiguities not resolved during the carrying out of activities related to verification. The Representative of the Testing Party may include in the report comments responding to these ambiguities. The Designated Personnel Team Leader shall complete the report prior to the scheduled departure of Designated Personnel from the test site or Designated Seismic Station. The Designated Personnel Team Leader and the Representative of the Testing Party shall each sign the report and retain a copy.

15. If, in the course of implementing activities related to verification of a specific test, in accordance with this Protocol, questions arise requiring prompt resolution, such questions shall be considered by the Coordinating Group. If the Coordinating Group is unable to resolve such questions, they shall immediately be referred to the Bilateral Consultative Commission for resolution.

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