Russian non-compliance and invalid suspension of the New START treaty
Russia’s failure to comply with the New START treaty and its alleged suspension of the treaty are regrettable and irresponsible moves. Mutual compliance with New START strengthens the security of the United States, our allies and partners, Russia and the world. The suspension of the New START treaty claimed by Russia is invalid. As a result, Russia remains bound by its obligations under the treaty. The United States remains ready to work constructively with Russia to fully implement the treaty. Here are the facts about the current status of the contract:
Fact: Russia can easily fix its current and clear non-compliance with the New START treaty
- Russia’s non-compliance is clear:
- Russia refuses to allow inspections. The contract stipulates that each party accepts 18 inspections per year. Inspections strengthen nuclear stability by giving both sides confidence that the treaty limits on nuclear weapons are being met.
- Russia has refused to meet on the treaty’s implementation body, the Bilateral Consultative Commission (BCC), despite repeated US requests. The contract stipulates that both sides meet in the BCC. This is also an important element of nuclear stability. It provides a channel for professionals to engage in constructive discussions and resolve technical issues of contract implementation in a mutually beneficial manner.
- Russia has stopped providing its treaty-required notifications. The treaty requires each side to provide data and reporting, including on the status and movement of its accountable nuclear forces. Mutual respect for these commitments is an important element of nuclear stability. It provides significant transparency and predictability regarding strategic nuclear forces.
- Russia’s non-compliance threatens the viability of the treaty. While the United States assessed Russia’s failure to engage in significant activities beyond treaty limits in 2022, Russia’s failure to allow inspections and provide notifications impairs the US ability to assess Russian nuclear deployments.
- Russia can easily remedy its non-compliance by resuming the activities it has been conducting for years under the treaty: conducting inspections, meeting at the BCC, and providing alerts and data.
Fact: Nothing prevents Russia from conducting inspections on US territory
- Since the easing of COVID-related restrictions, the United States has made it absolutely clear to Russia that we are ready to host Russian inspectors.
- Russia has everything it needs to conduct inspections on US territory, and the United States would welcome a Russian inspection team under the terms of the treaty.
- Russian inspectors have the necessary visas, aircraft designated by the Russian treaty have viable air routes to transport inspectors to the United States, inspectors can also use commercial air travel to reach US territory, and there are no sanctions affecting Russia prevent him from fully exercising his inspection rights.
Fact: The United States remains fully compliant with the New START Treaty
- Russia has claimed that US conversion procedures for its submarine-launched ballistic missile launchers (SLBMs) and B-52H heavy bombers are inconsistent with US obligations under the New START treaty.
- These claims are wrong.
- The US conversion procedures for SLBM launchers and heavy bombers render the converted items incapable of using nuclear weapons.
- The United States explained and demonstrated the procedures and exhibited the converted items to Russia, as required by the treaty.
- Russia has the contractual right to inspect converted items to confirm the results of the conversions, as the United States has shown them to Russia. It is up to Russia to do this.
- As Russia publicly acknowledged, the United States has gone beyond the requirements of the treaty to address Russian concerns about converting SLBM launchers. After careful and constructive work, both sides agreed on additional voluntary measures to address these concerns. The United States welcomes Russian inspections, where Russia can use these measures.
- Russia’s accusations of US non-compliance are baseless attempts to distract from Russia’s own actions and do not provide Russia with a valid legal basis to suspend the treaty.
Fact: The United States remains ready to meet and discuss concerns about U.S. and Russian compliance and any other issues related to the implementation of the treaty.
- The United States stood ready to engage constructively with Russia at the BCC meeting scheduled for November 2022, which Russia abruptly canceled. Contrary to Russian claims, all issues raised by Russia for discussion were on the agenda.
- We are still ready for constructive engagement today. Such engagement is an important element of nuclear stability.
Fact: Russia’s war in Ukraine provides no valid basis for Russia’s non-compliance with the New START treaty
- The strong US and world response to Russia’s unprovoked invasion of Ukraine does not relieve Russia of its responsibility to fulfill its legal obligations under New START.
- Russia’s non-compliance and alleged suspension of the New START treaty will not stop the United States from continuing to provide full support to Ukraine. This reality is irrelevant to the usefulness of the treaty and Russia’s ability to continue participating in it.
- New START inspection activities do not threaten Russian security. The contract provides both sides with the means to ensure the security of the inspected facilities.
- Nuclear stability is especially important in times of crisis, and the United States will continue to work to maintain it.
For more information, please contact AVC Press at [email protected] or visit the Bureau of Arms Control, Verification and Compliance.
