Protocol Amending the Ballistic Missile Defense Agreement Between the United States of America and the Republic of Poland

July 6, 2010 at 10:57 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

The United States and Poland have signed a Protocol Amending the Ballistic Missile Defense Agreement Between the United States of America and the Republic of Poland:

PROTOCOL AMENDING THE AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF POLAND CONCERNING THE DEPLOYMENT OF GROUND-BASED BALLISTIC MISSILE DEFENSE INTERCEPTORS IN THE TERRITORY OF THE REPUBLIC OF POLAND, DONE AT WARSAW ON AUGUST 20, 2008

Preamble

The Government of the United States of America and the Government of the Republic of Poland;

Desiring to amend the provisions of the AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF POLAND CONCERNING THE DEPLOYMENT OF GROUND-BASED BALLISTIC MISSILE DEFENSE INTERCEPTORS IN THE TERRITORY OF THE REPUBLIC OF POLAND, done at Warsaw on August 20, 2008 (hereafter referred to as “the Agreement”);

Acting in accordance with Article XVI of the Agreement;
Have agreed to amend the Agreement as follows:

Article I

The title of the Agreement is amended to read as follows:
“Agreement Between the Government of the United States of America AND THE Government of the Republic of Poland Concerning the Deployment of A ballistic missile defense SYSTEM in the Territory of the Republic of Poland”.

Article II

The Preamble is amended as follows:
1. Paragraph 4 is amended to read as follows:
“Recognizing the application of the Agreement between the Government of the United States of America and the Government of the Republic of Poland on the Status of the Armed Forces of the United States of America in the Territory of the Republic of Poland, done at Warsaw on December 11, 2009 (hereafter referred to as the “U.S.-Poland Supplemental SOFA”);”.
2. Paragraph 6 is amended as follows:

1. The phrase “ground-based ballistic missile defense interceptors” is replaced by the phrase “a Ballistic Missile Defense System”.
2. The Polish language version of the paragraph is amended by replacing the word “przeciwrakietowej” with the words “przed rakietami balistycznymi”.

3. Paragraph 7 is amended as follows:
The phrase “United States ground-based ballistic missile defense interceptors” is replaced by the phrase “a United States Ballistic Missile Defense System”.

Article III

Paragraph 1 of Article I is amended as follows:
The phrase “non-nuclear ground-based ballistic missile defense interceptors” is replaced by the phrase “a non-nuclear Ballistic Missile Defense System”.

Article IV

Article II is amended as follows:
1. In the definition of the term “Base” the phrase “ground-based ballistic missile defense interceptors” is replaced by the phrase “a Ballistic Missile Defense System”.
2. After the definition of “Missile Defense Complex” the following definition is inserted:
“‘Ballistic Missile Defense System’ includes ballistic missile defense interceptors, a radar system, a launching system, a command and control system, a communications system, and associated mission and mission support equipment for defense against ballistic missile attack.”

Article V

Paragraph 8 of Article III is amended as follows:
The phrase “ground-based ballistic missile defense interceptors” is replaced by the phrase “ballistic missile defense system interceptors”.

Article VI

Paragraph 7 of Article IV of the Polish language version is amended by replacing the word “przeciwrakietowej” with the words “przed rakietami balistycznymi”.

Article VII

Paragraph 2 of Article V is amended as follows:
1. The phrase “ground-based missile defense interceptors” is replaced by the phrase “ballistic missile defense system interceptors”.
2. The Polish language version of the paragraph is amended by replacing the word “przeciwrakietowej” with the words “przed rakietami balistycznymi”.

Article VIII

Paragraph 4 of Article VII of the Polish language version is amended by replacing the word “przeciwrakietowej” with the words “przed rakietami balistycznymi”.

Article IX

Article IX is amended as follows:
1. In Paragraph 4, the phrase “ground-based ballistic missile defense interceptors” is replaced by the phrase “Ballistic Missile Defense System”.
2. The Polish language version of the title is amended by replacing the word “przeciwrakietowej” with the words “przed rakietami balistycznymi”.
3. The Polish language version of Paragraph 1(b) is amended by replacing the word “przeciwrakietowej” with the words “przed rakietami balistycznymi”.
4. The Polish language version of Paragraph 3 is amended by replacing the word “przeciwrakietowej” in both cases it appears with the words “przed rakietami balistycznymi”.
5. The Polish language version of Paragraph 5 is amended by replacing the word “przeciwrakietowej” in both cases it appears with the words “przed rakietami balistycznymi”.

Article X

Article XIII is amended as follows:
1. In Paragraph 1(a)(1), the phrase “ground-based ballistic missile defense interceptors” is replaced by the phrase “ a Ballistic Missile Defense System”.
2. In Paragraph 1(a)(2), the phrase “interceptors” is replaced by the phrase “a Ballistic Missile Defense System”.

Article XI

Article XIV is amended as follows:
1. In Paragraph 4, in both cases where the phrase “ground-based ballistic missile defense interceptors deployed” appears, it is replaced by the phrase “a Ballistic Missile Defense System deployed”.
2. The Polish language version of Paragraphs 2 and 3 is amended by replacing the word “przeciwrakietowej” with the words “przed rakietami balistycznymi”.

Article XII

1. The Annex is amended to read as follows:

“The U.S. Ballistic Missile Defense System site is located in the Closed Area on the territory of Poland in the locality of Słupsk-Redzikowo. The site, which is depicted on the appended map, includes the Base, Facility, and Missile Defense Complex as defined in Article II of the Agreement.

The boundaries of the Base, Facility, and Missile Defense Complex at the site are as shown in the appended map. The Parties may update the map by entering into a specific implementing arrangement for that purpose.

The Missile Defense Complex shall be composed of:

a. administrative, maintenance, and repair facilities;
b. water supply facility;
c. utility distribution facility;
d. generator power facility;
e. communications facilities;
f. fuel storage and distribution facility;
g. security entrance and exit control station;
h. security monitoring facility;
i. storage area;
j. interceptor launcher modules;
k. explosives storage facility;
l. radar structure; and
m. command facility.

The number of members of the U.S. forces and the civilian component deployed initially at the Base shall not exceed 500.”

2. The Base Map in the Appendix to the Annex of the Agreement is replaced by the updated Base Map appended to this Protocol.

Article XIII

This Protocol shall constitute an integral part of the Agreement and shall enter into force on the same date as the Agreement.