III 

114TH CONGRESS 

2D SESSION S. RES. 544 

Expressing the sense of the Senate regarding compliance enforcement of 

Russian violations of the Open Skies Treaty. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2016 

Mr. COTTON (for himself, Mr. CORKER, Mr. CARDIN, and Mr. RUBIO) 

submitted the following resolution; which was considered and agreed to 

RESOLUTION 

Expressing the sense of the Senate regarding compliance 

enforcement of Russian violations of the Open Skies Treaty. 

Whereas the Treaty on Open Skies, done at Helsinki March 

24, 1992, and entered into force January 1, 2002 (in this 

resolution referred to as the ‘‘Open Skies Treaty’’), which 

established a regime for unarmed aerial observation 

flights over the entire territory of its participants, is one 

of the most wide-ranging international efforts to date to 

promote openness and transparency of military forces 

and activities; 

Whereas the United States Government has declared that 

strengthening and maintaining European security is a 

top priority for the United States, that the Open Skies 

Treaty is a key element of the Euro-Atlantic security architecture, and that arms control is a key part of that 


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•SRES 544 ATS 

effort because robust multilateral conventional arms control arrangements contribute to a more stable and secure 

European continent; 

Whereas, according to Secretary of State James Baker, addressing the Open Skies Conference in 1990, the end of 

the Cold War gave the Open Skies Treaty new importance as a stabilizing factor in East-West relations, openness and transparency in military matters offered ‘‘the 

most direct path to greater predictability and reduced 

risk of inadvertent war,’’ and Open Skies Treaty was 

thus ‘‘potentially the most ambitious measure to build 

confidence ever undertaken’’; 

Whereas, according to the President’s letter of submittal for 

the Open Skies Treaty provided to Congress by the Secretary of State on August 12, 1992, it is the purpose of 

the Open Skies Treaty to promote openness and transparency of military forces and activities and to enhance 

mutual understanding and confidence by giving States 

Party a direct role in gathering information about military forces and activities of concern to them; 

Whereas, according to the Report on Adherence to and Compliance with Arms Control, Nonproliferation, and Disarmament Agreements and Commitments published by the 

Department of State on April 11, 2016 (in this resolution 

referred to as the ‘‘2016 Compliance Report’’), the Russian Federation ‘‘continues not to meet its obligations 

[under the Open Skies Treaty] to allow effective observation of its entire territory, raising serious compliance concerns’’; 

Whereas, according to the 2016 Compliance Report, Russian 

conduct giving rise to compliance concerns has continued 


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•SRES 544 ATS 

since the Open Skies Treaty entered into force in 2002 

and worsened in 2010, 2014, and 2015; and 

Whereas, according to the 2016 Compliance Report, ongoing 

efforts by the United States and other States Party to 

the Open Skies Treaty to address these concerns through 

dialogue with the Russian Federation ‘‘have not resolved 

any of the compliance concerns.’’: Now, therefore, be it 

1 Resolved, That it is the sense of the Senate that— 

2 (1) restrictions upon the ability of Open Skies 

3 Treaty aircraft to overfly all portions of the territory 

4 of a State Party impede openness and transparency 

5 of military forces and activities and undermine mu6 tual understanding and confidence, especially when 

7 coupled with an ongoing refusal to address compli8 ance concerns raised by other States Party subject 

9 to such restrictions; 

10 (2) it is essential to the accomplishment of the 

11 purpose of the Open Skies Treaty that Open Skies 

12 Treaty aircraft be able to observe the entire territory 

13 of a State Party in a timely and reciprocal manner 

14 as provided for under the Open Skies Treaty; 

15 (3) the Russian Federation’s restrictions upon 

16 the ability of Open Skies Treaty aircraft to overfly 

17 all portions of the territory of the Russian Federa18 tion constitute violations of the Open Skies Treaty; 

19 and 


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1 (4) for so long as the Russian Federation re2 mains in noncompliance with the Open Skies Treaty, 

3 the United States should take such measures as are 

4 necessary to bring about the Russian Federation’s 

5 return to full compliance with its treaty obligations, 

6 including, as appropriate, through the imposition of 

7 restrictions upon Russian overflights of the United 

8 States. 

Æ 


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