TREATY ON THE PROHIBITION OF THE THREAT OR USE OF FORCE AGAINST OUTER SPACE OBJECTS
OPSA-2014-11
16 June 2014
The States Parties to this treaty,
Guided by the goals of strengthening peace and international security,
Guided by the principle whereby Members of the United Nations shall refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations,
Reaffirming that outer space is playing an ever-increasing role in the future development of mankind,
Emphasizing the right to explore and use outer space freely for peaceful purposes,
Interested in preventing outer space from becoming an arena for military confrontation and ensuring security in outer space and the undisturbed functioning of space objects,
Recalling the United Nations General Assembly resolution on “Prevention of an arms race in outer space”, affirmed in 31 consecutive years since 1981, in which, inter alia, the Assembly expressed conviction that further measures should be examined in the search for effective and verifiable bilateral and multilateral agreements in order to prevent an arms race in outer space,
Have agreed to the following:
ARTICLE 1
DEFINITIONS
Definitions of terms used in this Treaty and its Protocol are provided in Part 1 of the Protocol.
ARTICLE 2
THE THREAT OR USE OF FORCE AGAINST OUTER SPACE OBJECTS
States Parties undertake not to resort to the threat or use of force against outer space objects.
ARTICLE 3
PROHIBITED WEAPON SYSTEMS
1. States Parties undertake not to develop, test, or deploy anti-satellite weapon systems or components which are sea-based, air-based, space-based, or land-based, nor to develop, test, or deploy missile defense interceptor weapon systems or components which are sea-based, air-based, or land-based with burnout velocities greater than 3.5 kilometers per second, and to eliminate any such existing weapon systems, in accordance with the provisions of this Treaty, and shall carry out the other obligations set forth in this Treaty and its Protocol.
ARTICLE 4
INTERNATIONAL OBLIGATIONS
1. To ensure the viability and effectiveness of this Treaty, each State Party shall not assume any international obligations or undertakings that would conflict with its provisions. The States Parties shall not transfer anti-satellite weapons subject to this Treaty to third parties.
2. Each State Party shall take all necessary measures to prevent any activity prohibited by this Treaty on its territory or in any other place under its jurisdiction or control.
ARTICLE 5
STRATEGIC OFFENSIVE ARMS CONTROL
1. Nothing in this Treaty may be interpreted as limiting a State Party’s ICBMs and ICBM launchers, IRBMs and IRBM launchers, MRBMs and MRBM launchers, and SLBMs and SLBM launchers.
2. Nothing in this Treaty may be interpreted as derogating a States Party’s obligations to limit its ICBMs and ICBM launchers, IRBMs and IRBM launchers, MRBMs and MRBM launchers, and SLBMs and SLBM launchers pursuant to strategic offensive arms agreements to which it is party.
3. Each State Party shall declare the type and number of its ICBMs, IRBMs, MRBMs, and SLBMs for the purposed of inspection and the verification of the provisions of this Treaty.
4. Each State Party shall have the right to determine for itself the composition and structure of its strategic offensive arms.
5. ICBMs, IRBMs, MRBMs, SLBMs, ICBM launchers, IRBM launchers, MRBM launchers, and SLBM launchers shall cease to be subject to this Treaty in accordance with Parts 3 and 4 of the Protocol to this Treaty. ICBMs, IRBMs, MRBMs, or SLBMs of an existing type shall cease to be subject to this Treaty if all ICBM IRBM, MRBM, or SLBM launchers of a type intended for such ICBMs, IRBMs, MRBMs, or SLBMs have been eliminated or converted in accordance with Part 3 of the Protocol to this Treaty.
6. For the purposes of this Treaty:
(a) A missile of a type developed and tested solely to intercept and counter objects not located on the surface of the Earth shall not be considered to be a ballistic missile to which the provisions of this Treaty apply and shall be considered a missile defense interceptor.
(b) Within the same type, an aircraft equipped for missile defense interceptors or missile defense directed energy weapons shall be distinguishable from an aircraft not equipped for missile defense interceptors or missile defense directed energy weapons.
(c) Aircraft of the same type shall cease to be subject to this Treaty or to the limitations thereof when the last aircraft equipped for missile defense interceptors or missile defense directed energy weapons of that type is eliminated or converted, as appropriate, to an aircraft equipped for missile defense interceptors or missile defense directed energy weapons in accordance with Part 3 of the Protocol to this Treaty.
7. As of the date of signature of this Treaty:
(a) Existing types of ICBMs are:
- for the United States of America, the Minuteman II, Minuteman III, and Peacekeeper;
- for the Russian Federation, the RS-12M, RS-12M2, RS-18, RS-20, RS-24, and RT-2PM;
- for the People’s Republic of China, the Dong Feng 31, Dong Feng 31A, and Dong Feng 5A.
- for the Russian Federation, none;
- for the United States of America, none;
- for the People’s Republic of China, the Dong Feng 4 and Dong Feng 3A.
- for the United States of America, none;
- for the Russian Federation, none;
- for the People’s Republic of China, the Dong Feng 21, Dong Feng 21A, and Dong Feng 21C.
- for the Russian Federation, the RSM-50, RSM-52, RSM-54, and RSM-56;
- for the United States of America, the Trident II;
- for the People’s Republic of China, the Julang 1 and Julang 2.
- for the Russian Federation, ICBM launchers RS-12M, RS-12M2, RS-18, RS-20, RS-24, and RT-2PM; IRBM launchers none; MRBM launchers none; SLBM launchers RSM-50, RSM-52, RSM-54, and RSM-56;
- for the United States of America, ICBM launchers Minuteman II, Minuteman III, and Peacekeeper; IRBM launchers none; MRBM launchers none; SLBM launchers Trident II;
- for the People’s Republic of China, ICBM launchers Minuteman II, Minuteman III, and Peacekeeper; IRBM launchers Dong Feng 4 and Dong Feng 3A; MRBM launchers Dong Feng 21, Dong Feng 21A, and Dong Feng 21C; SLBM launchers Julang 1 and Julang 2.
- for the United States of America, [TBD];
- for the Russian Federation, [TBD];
- for the People’s Republic of China, [TBD].
(g) Existing types of missile defense directed energy weapon aircraft are:
- for the United States of America, [TBD];
- for the Russian Federation, [TBD];
- for the People’s Republic of China, [TBD].
(h) Existing types of land-based missile defense interceptors are:
- for the United States of America, Patriot, GBMDS, and THAAD;
- for the Russian Federation, 53T6, A-135, S-300V, and S-400;
- for the People’s Republic of China, DN-1, DN-2, KT-1, KT-1A, KT-409, KT-2, KT-2A, KT-3, and SC-19.
- for the United States of America, [TBD];
- for the Russian Federation, [TBD];
- for the People’s Republic of China, [TBD].
- for the United States of America, Aegis SM-2, Aegis SM-3;
- for the Russian Federation, [TBD];
- for the People’s Republic of China, [TBD].
(k) Existing types of sea-based missile defense directed energy weapons are:
- for the United States of America, [TBD];
- for the Russian Federation, [TBD];
- for the People’s Republic of China, [TBD].
ARTICLE 6
DEPLOYMENT OF PERMITTED WEAPON SYSTEMS
1. Each State Party shall base:
(a) deployed launchers of ICBMs only at ICBM bases;
(b) deployed launchers of IRBMs only at IRBM bases;
(c) deployed launchers of MRBMs only at MRBM bases;
(d) deployed missile defense interceptor aircraft only at air bases;
(d) deployed missile defense directed energy weapon aircraft only at air bases;
(e) deployed launchers of land-based missile defense interceptors only at missile defense interceptor bases;
(f) deployed land-based missile defense directed energy weapons only at missile defense directed energy weapon bases.
2. Each State Party shall install deployed launchers of SLBMs only on ballistic missile submarines.
3. Each State Party shall install deployed launchers of sea-based missile defense interceptors only on the following class of naval vessels:
(a) for the People’s Republic of China, [TBD];
(b) for the United States of America, Ticonderoga-class guided-missile cruisers, Arleigh Burke class destroyers;
(c) for the Russian Federation, [TBD].
4. Each State Party shall install deployed sea-based missile defense directed energy weapons only on the following class of naval vessels:
(a) for the People’s Republic of China, [TBD];
(b) for the United States of America, [TBD];
(c) for the Russian Federation, [TBD].
5. Each State Party shall locate:
(a) non-deployed launchers of ICBMs only at ICBM bases, production facilities, ICBM loading facilities, repair facilities, storage facilities, conversion or elimination facilities, training facilities, test ranges, and space launch facilities. Mobile launchers of prototype ICBMs shall not be located at maintenance facilities of ICBM bases;
(b) non-deployed launchers of IRBMs only at IRBM bases, production facilities, IRBM loading facilities, repair facilities, storage facilities, conversion or elimination facilities, training facilities, test ranges, and space launch facilities. Mobile launchers of prototype IRBMs shall not be located at maintenance facilities of IRBM bases;
(c) non-deployed launchers of MRBMs only at MRBM bases, production facilities, MRBM loading facilities, repair facilities, storage facilities, conversion or elimination facilities, training facilities, test ranges, and space launch facilities. Mobile launchers of prototype MRBMs shall not be located at maintenance facilities of MRBM bases;
(d) non-deployed ICBMs, non-deployed IRBMs, non-deployed MRBMs, and non-deployed SLBMs only at, as appropriate, submarine bases, ICBM, IRBM, MRBM, or SLBM loading facilities, maintenance facilities, repair facilities for ICBMs, IRBMs, MRBMs, or SLBMs, storage facilities for ICBMs, IRBMs, MRBMs, or SLBMs, conversion or elimination facilities for ICBMs, IRBMs, MRBMs, or SLBMs, test ranges, space launch facilities, and production facilities. Prototype ICBMs, prototype IRBMs, prototype MRBMs, and prototype SLBMs, however, shall not be located at maintenance facilities of ICBM, IRBM, or MRBM bases or at submarine bases.
6. Non-deployed ICBMs, non-deployed IRBMs, non-deployed MRBMs, and non-deployed SLBMs as well as non- deployed mobile launchers of ICBMs, IRBMs, or MRBMs may be in transit. Each State Party shall limit the duration of each transit between facilities to no more than 30 days.
7. Test launchers of ICBMs, IRBMs, MRBMs, or SLBMs may be located only at test ranges.
8. Training launchers may be located only at ICBM, IRBM, or MRBM bases, training facilities, and test ranges. The number of silo training launchers located at each ICBM, IRBM, or MRBM base for silo launchers of ICBMs, IRBMs, or MRBMs shall not exceed one for each type of ICBM, IRBM, or MRBM specified for that ICBM, IRBM, or MRBM base.
9. Each State Party shall limit the number of test missile defense interceptor aircraft to no more than two.
10. Each State Party shall limit the number of test missile defense directed energy weapon aircraft to no more than two.
11. Each State Party shall base test missile defense interceptor aircraft only at missile defense interceptor aircraft flight test centers. Non-deployed missile defense interceptor aircraft other than test missile defense interceptor aircraft shall be located only at repair facilities or production facilities for missile defense interceptor aircraft.
12. Each State Party shall base test missile defense directed energy weapon aircraft only at missile defense directed energy weapon aircraft flight test centers. Non-deployed missile defense directed energy weapon aircraft other than test missile defense directed energy weapon aircraft shall be located only at repair facilities or production facilities for missile defense directed energy weapon aircraft.
13. Each State Party shall not carry out at an air base joint basing of aircraft equipped for missile defense interceptors or missile defense directed energy weapons and aircraft of the same type not equipped for missile defense interceptors or missile defense directed energy weapons, unless otherwise agreed by the States Parties.
14. Strategic offensive arms subject to this Treaty shall not be based outside the national territory of each State Party. The obligations provided for in this paragraph shall not affect the States Parties' rights in accordance with generally recognized principles and rules of international law relating to the passage of submarines or flights of aircraft, or relating to visits of submarines to ports of third States.
ARTICLE 7
PROHIBITION OF WEAPON SYSTEMS CONVERSION
1. Subject to the provisions of this Treaty, modernization and replacement of strategic offensive arms may be carried out.
2. When a State Party believes that a new kind of strategic offensive arm is emerging, that Party shall have the right to raise the question of such a strategic offensive arm for consideration in the Standing Consultative Commission.
3. Each State Party shall not convert and shall not use ICBM, IRBM, MRBM, and SLBM launchers for placement of anti-satellite weapons therein. Each State Party further shall not convert and shall not use launchers of missile defense interceptors for placement of anti-satellite weapons therein.
ARTICLE 8
THE STANDING CONSULTATIVE COMMISSION
To promote the objectives and implementation of the provisions of this Treaty, the States Parties hereby establish the Standing Consultative Commission, the authority and procedures for the operation of which are set forth in Part 6 of the Protocol to this Treaty.
ARTICLE 9
PROVISION OF DATA REGARDING PERMITTED WEAPON SYSTEMS
1. A database pertaining to the obligations under this Treaty shall be created in accordance with Parts 2 and 4 of the Protocol to this Treaty. Categories of data for this database are set forth in Part 2 of the Protocol to this Treaty.
2. Each State Party shall notify the other States Parties about changes in data and shall provide other notifications in a manner provided for in Part 4 of the Protocol to this Treaty.
3. Each State Party shall use the Nuclear Risk Reduction Centers in order to provide and receive notifications, unless otherwise provided for in this Treaty.
4. Each State Party may provide additional notifications on a voluntary basis, in addition to the notifications specified in paragraph 2 of this Article, if it deems this necessary to ensure confidence in the fulfillment of obligations assumed under this Treaty.
5. The States Parties shall hold consultations within the framework of the Standing Consultative Commission on releasing to the public data and information obtained during the implementation of this Treaty. The States Parties shall have the right to release to the public such data and information following agreement thereon within the framework of the Standing Consultative Commission. Each State Party shall have the right to release to the public data related to its respective strategic offensive arms.
6. Geographic coordinates relating to data provided for in Part 2 of the Protocol to this Treaty, unique identifiers, site diagrams of facilities provided by the States Parties pursuant to this Treaty, as well as coastlines and waters diagrams provided by the States Parties pursuant to this Treaty shall not be released to the public unless otherwise agreed by the States Parties within the framework of the Standing Consultative Commission.
7. Notwithstanding paragraph 5 of this Article, the aggregate numbers of deployed ICBMs, deployed SLBMs, deployed IRBMs, and deployed MRBMs; the aggregate numbers of warheads on deployed ICBMs, deployed SLBMs, deployed IRBMs, and deployed MRBMs; and the aggregate numbers of deployed and non- deployed ICBM launchers, deployed and non-deployed SLBM launchers, deployed and non-deployed IRBM launchers, and deployed and non-deployed MRBMs, may be released to the public by the States Parties.
ARTICLE 10
EXCHANGE OF INFORMATION REGARDING LAUNCHES
By mutual agreement of the States Parties, telemetric information on launches of ICBMs, IRBMs, SLBMs, and missile defense interceptors shall be exchanged on a parity basis. The States Parties shall agree on the amount of exchange of such telemetric information.
ARTICLE 11
VERIFICATION
1. Verification of compliance with the provisions this Treaty shall be carried out by:
(a) national technical means of verification in accordance with Paragraphs 2 and 3 of this Article; and
(b) inspection activities as provided for in Article 12 of this Treaty.
2. For the purpose of ensuring verification of compliance with the provisions of this Treaty, each State Party undertakes:
(a) to use national technical means of verification at its disposal in a manner consistent with generally recognized principles of international law;
(b) not to interfere with the national technical means of verification of the other State Party operating in accordance with this Article; and
(c) not to use concealment measures that impede verification, by national technical means of verification, of compliance with the provisions of this Treaty.
3. The obligation not to use concealment measures includes the obligation not to use them at test ranges, including measures that result in the concealment of ICBMs, SLBMs, missile defense interceptors, ICBM launchers, or the association between ICBMs, IRBMs, SLBMs, or missile defense interceptors and their launchers during testing. The obligation not to use concealment measures shall not apply to cover or concealment practices at ICBM bases or to the use of environmental shelters for strategic offensive arms.
ARTICLE 12
INSPECTIONS
1. For the purpose of confirming the accuracy of declared data on strategic offensive arms and missile defense interceptors subject to this Treaty and ensuring verification of compliance with the provisions of this Treaty, each State Party shall have the right to conduct inspection activities in accordance with this Article and Part 5 of the Protocol to this Treaty.
2. Each State Party shall have the right to conduct inspections at ICBM bases, naval bases, missile defense interceptor sites, and air bases. The purpose of such inspections shall be to assure the nonexistence of anti-satellite weapons prohibited by this Treaty. Such inspections shall hereinafter be referred to as Type One inspections.
3. Each State Party shall have the right to conduct inspections at facilities listed in Section 7 of Part 5 of the Protocol to this Treaty. The purpose of such inspections shall be to assure the nonexistence of anti-satellite weapons prohibited by this Treaty and to confirm that strategic offensive arms have not been converted as anti-satellite weapons, or that such converted weapons have been eliminated.
In addition, each State Party shall have the right to conduct inspections at formerly declared facilities, which are provided for in Part 2 of the Protocol to this Treaty, to confirm that such facilities are not being used for purposes inconsistent with this Treaty.
The inspections provided for in this paragraph shall hereinafter be referred to as Type Two inspections.
4. Each State Party shall conduct exhibitions and have the right to participate in exhibitions conducted by the other States Parties. The purpose of such exhibitions shall be to demonstrate distinguishing features and to confirm technical characteristics of new types, and to demonstrate the results of conversion of the first item of each type of strategic offensive arms and missile defense interceptors subject to this Treaty.
ARTICLE 13
RIGHTS OF STATES
1. Nothing in this Treaty may be interpreted as impeding the exercise by the States Parties of their right to explore and use outer space for peaceful purposes in accordance with international law, including the Charter of the United Nations and the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.
2. Nothing in this Treaty may be interpreted as impeding the exercise by the States Parties of their right of self-defense in accordance with Article 51 of the Charter of the United Nations.
ARTICLE 14
DURATION
The Treaty shall be of unlimited duration.
ARTICLE 15
RATIFICATION AND ENTRY INTO FORCE
1. This Treaty, including its Protocol, which is an integral part thereof, shall be subject to ratification in accordance with the constitutional procedures of each Party. This Treaty shall enter into force on the date of the exchange of instruments of ratification among the People’s Republic of China, the Russian Federation, and the United States of America.
2. This Treaty shall remain open for accession by States. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
ARTICLE 16
RESERVATIONS AND DECLARATIONS
1. No reservations may be made to this Treaty.
2. Paragraph 1 of this Article does not preclude a State, when signing, ratifying or acceding to this Treaty, from making declarations or statements, however phrased or named, with a view, inter alia, to the harmonization of its laws and regulations with the provisions of this Treaty, provided that such declarations or statements do not purport to exclude or to modify the legal effect of the provisions of this Treaty in their application to that State.
ARTICLE 17
ACCESSION
1. For States whose instruments of ratification or accession are deposited after the entry into force of the Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or accession.
2. The Secretary-General of the United Nations shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification and accession, the date of entry into force of this treaty as well as other notices.
ARTICLE 18
DEPOSITARY
1. The Secretary-General of the United Nations shall be the Depositary of this Treaty and shall receive signatures, instruments of ratification and instruments of accession.
2. The Depositary shall promptly inform all States Signatories and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of the entry into force of this Treaty and of any amendments and changes thereto, and the receipt of other notices.
3. The Depositary shall send duly certified copies of this Treaty to the Governments of the States Signatories and acceding States.
4. This Treaty shall be registered by the Depositary pursuant to Article 102 of the Charter of the United Nations.
ARTICLE 19
AMENDMENTS
1. At any time after the entry into force of this Treaty, any State Party may propose amendments to this Treaty, the Protocol, or the Annexes to the Protocol. Any State Party may also propose changes, in accordance with paragraph 7, to the Protocol or the Annexes thereto. Proposals for amendments shall be subject to the procedures in paragraphs 2 to 6.
2. The proposed amendment shall be considered and adopted only by an Amendment Conference.
3. Any proposal for an amendment shall be communicated to the Secretary-General of the United Nations, who shall circulate it to all States Parties and seek the views of the States Parties on whether an Amendment Conference should be convened to consider the proposal. If a majority of the States Parties notify the Secretary-General no later than 30 days after its circulation that they support further consideration of the proposal, the Secretary-General shall convene an Amendment Conference to which all States Parties shall be invited.
4. The Amendment Conference shall be held immediately following a regular session of the Conference unless all States Parties that support the convening of an Amendment Conference request that it be held earlier. In no case shall an Amendment Conference be held less than 60 days after the circulation of the proposed amendment.
5. Amendments shall be adopted by the Amendment Conference by a positive vote of a majority of the States Parties with no State Party casting a negative vote.
6. Amendments shall enter into force for all States Parties 30 days after deposit of the instruments of ratification or acceptance by all those States Parties casting a positive vote at the Amendment Conference.
7. If it becomes necessary to make changes to the Protocol to this Treaty that do not affect substantive rights or obligations under this Treaty, the States Parties shall use the Standing Consultative Commission to reach agreement on such changes, without resorting to the procedure for making amendments that is set forth in foregoing paragraphs of this Article.
ARTICLE 20
WITHDRAWAL
1. Each State Party shall, in exercising its national sovereignty, have the right to withdraw from this Treaty if it decides that extraordinary events related to the subject matter of this Treaty have jeopardized its supreme interests.
2. Withdrawal shall be effected by giving notice six months in advance to all other States Parties, the Secretary-General of the United Nations and the United Nations Security Council. Notice of withdrawal shall include a statement of the extraordinary event or events which a State Party regards as jeopardizing its supreme interests.
ARTICLE 21
AUTHORITATIVE TEXTS
This Treaty, of which the Chinese, English, and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
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