ADMINISTRATIVE MESSAGE
 
ROUTINE       
 
R 091830Z AUG 02 ZYB MIN PSN 641988J36
 
FM SECNAV WASHINGTON DC
 
TO ALNAV
 
UNCLAS //N01420//
ALNAV 066/02
 
MSGID/GENADMIN/SECNAV//
 
SUBJ/COMPLIANCE AND IMPLEMENTATION OF THE TREATY ON OPEN SKIES (OS)//
 
RMKS/1. THE TREATY ON OPEN SKIES ENTERED INTO FORCE ON 1 JANUARY
2002 AND IS NOW LEGALLY BINDING. THE DON HAS SUCCESSFULLY COMPLIED
WITH THE PROVISIONS OF THE TREATY, USING INTERIM POLICY AND
IMPLEMENTATION GUIDANCE, SINCE 1992. FORMAL GUIDANCE IN THE FORM OF
AN OPEN SKIES SECNAV INSTRUCTION IS CURRENTLY IN THE APPROVAL
PROCESS. PENDING RELEASE OF THAT FORMAL GUIDANCE, ALL NAVY AND
MARINE CORPS ACTIVITIES WILL IMPLEMENT THE TREATY ON OPEN SKIES IN
ACCORDANCE WITH THIS ALNAV. THIS MESSAGE HAS BEEN COORDINATED WITH
THE CHIEF OF NAVAL OPERATIONS AND THE COMMANDANT OF THE MARINE CORPS.
 
2. BACKGROUND. THE TREATY ON OPEN SKIES (OS) IS AN INTERNATIONAL
AGREEMENT DESIGNED TO ENHANCE MUTUAL UNDERSTANDING AND CONFIDENCE BY
GIVING ALL PARTICIPATING STATES, REGARDLESS OF SIZE, A DIRECT ROLE
IN GATHERING INFORMATION ABOUT MILITARY FORCES AND OTHER ACTIVITIES
OF CONCERN TO THEM. PARTICIPATION OF THE U.S. GOVERNMENT IN THE OS
TREATY SUBJECTS DON FACILITIES, UNITS, OPERATIONS, AND PROGRAMS TO
UNPRECEDENTED INTERNATIONAL OBSERVATION. IT ALLOWS DESIGNATED
OBSERVATION AIRCRAFT EQUIPPED WITH A SUITE OF TREATY-ACCEPTED
SENSORS TO OVERFLY ANY PORTION OF THE TERRITORY OF OTHER PARTIES TO
THE TREATY. THE TREATY SPECIFIES THE ALLOWED SENSOR SUITE ON THE OS
OBSERVATION AIRCRAFT AND LIMITS SENSOR RESOLUTION. SENSORS INCLUDE
OPTICAL CAMERAS, INFRARED LINE SCANNERS, SYNTHETIC APERTURE RADAR,
AND HIGH RESOLUTION VIDEO.
 
A. EACH TREATY PARTICIPANT HAS AN ANNUAL QUOTA FOR FLIGHTS THAT MUST
BE ACCEPTED OVER ITS TERRITORY. DURING THE INITIAL IMPLEMENTATION
PERIOD, THE TREATY REQUIRES THE U.S. TO ACCEPT UP TO 31 OVERFLIGHTS
TOTAL FOR THE FIRST TWO YEARS, AND 31 OVERFLIGHTS THE THIRD AND
FOURTH YEAR. UPON FULL IMPLEMENTATION OF THE TREATY ON 1 JANUARY
2006 THE U.S. MUST ACCEPT UP TO 42 OVERFLIGHTS EACH YEAR. DOD OPEN
SKIES PLANNING ASSUMPTIONS FORECAST THE ACTUAL NUMBER OF OVERFLIGHTS
WILL BE LESS THAN THE MAXIMUM ALLOWED. U.S. FACILITIES LOCATED IN
EUROPEAN ALLIED TERRITORIES ARE ALSO SUBJECT TO OVERFLIGHTS, BUT
THOSE NUMBERS WILL VARY IN ACCORDANCE WITH THE HOST NATION'S ANNUAL
OVERFLIGHT QUOTA.
B. THE ASSISTANT SECRETARY OF THE NAVY (RESEARCH, DEVELOPMENT, AND
ACQUISITION) IS RESPONSIBLE FOR OVERALL MANAGEMENT AND OVERSIGHT OF
THE OPEN SKIES COMPLIANCE AND IMPLEMENTATION PROCESS FOR THE NAVY
AND MARINE CORPS. DIRECTOR, STRATEGIC SYSTEMS PROGRAMS (DIRSSP) IS
THE DON EXECUTIVE AGENT FOR OPEN SKIES. THESE RESPONSIBILITIES ARE
ADMINISTERED BY THE NAVAL TREATY IMPLEMENTATION PROGRAM (NTIP).
C. THE DON HAS BEEN PREPARING FOR IMPLEMENTATION FOR SEVERAL YEARS
BY PARTICIPATING IN U.S. SPONSORED JOINT TRIAL FLIGHTS AND HAS
ESTABLISHED A CENTRALIZED MANAGEMENT APPROACH TO OPEN SKIES
COMPLIANCE AND IMPLEMENTATION. NTIP EMPLOYS OPEN SKIES TREATY
EXPERTS WHO OPERATE THE DON OS NOTIFICATION SYSTEM AND ANSWER ANY OS
TREATY-RELATED QUESTIONS. NTIP ALSO OFFERS TRAINING AND AWARENESS
SEMINARS, INFORMATIONAL BROCHURES AND VIDEO TAPES ON ALL ARMS
CONTROL TREATIES THAT AFFECT THE NAVY OR MARINE CORPS.
 
3. POLICY. DON POLICY IS TO COMPLY WITH ALL PROVISIONS OF THE OS
TREATY WHILE ALSO COMPLYING WITH NAVY AND MARINE CORPS SAFETY AND
SECURITY DIRECTIVES. WHEN CONDUCTING AN OVERFLIGHT, OS AIRCRAFT HAVE
PRIORITY IN AIR TRAFFIC CONTROL SYSTEMS OVER ALL OTHER AIR TRAFFIC
EXCEPT DECLARED EMERGENCIES OR ACTUAL EMERGENCY AIRCRAFT. OS
AIRCRAFT ARE ALLOWED TO OVERFLY THE ENTIRE NATIONAL TERRITORY OF A
SIGNATORY STATE, REGARDLESS OF AIRSPACE RESTRICTIONS EXCEPT FOR
SAFETY OF FLIGHT ISSUES. THEY ARE PERMITTED ACCESS TO THE AIRSPACE
ABOVE ALL DON AND OTHER MILITARY FACILITIES, BASES, AND PROGRAMS, AS
WELL AS TO ANY OTHER AIRSPACE IN U.S. TERRITORY. AS A RESULT,
PROGRAMS THAT RELY ON AIRSPACE RESTRICTIONS AS A SECURITY MEASURE
MUST CONSIDER ALTERNATIVES DURING AN OS OVERFLIGHT. OS POSES A
MANAGEABLE THREAT TO DON FACILITIES, UNITS, OPERATIONS, AND PROGRAMS
IF NOTIFICATIONS ARE MADE IN A TIMELY MANNER AND PERSONNEL ARE AWARE
AND TRAINED.
 
4. ACTION.
A. ACTIVITIES WILL ENSURE THAT OS OVERFLIGHTS DO NOT LEAD TO
COMPROMISE OF NATIONAL SECURITY INFORMATION, INADVERTENT VIOLATION
OF U.S. TREATY OBLIGATIONS, OR WASTE OF RESOURCES. AS TRAINING IS AN
ESSENTIAL COMPONENT OF COMMAND READINESS, ACTIVITIES ARE ENCOURAGED
TO MAKE USE OF TRAINING AND OTHER RESOURCES AVAILABLE FROM NTIP.
B. ECHELON TWO COMMANDERS WILL ENSURE NTIP HAS AN UP-TO-DATE LISTING
OF ALL ACTIVITIES UNDER THEIR COMMAND THAT REQUIRE NOTIFICATION OF
AN OVERFLIGHT.
C. FOR EACH OBSERVATION FLIGHT OVER THE TERRITORY OF THE UNITED
STATES, NTIP WILL NOTIFY NAVY AND MARINE CORPS ACTIVITIES LISTED ON
THE ECHELON II NOTIFICATION LIST AND COORDINATE AND RESOLVE ANY
ISSUES RELATED TO THE OVERFLIGHT.
D. OPEN SKIES AIRCRAFT MAY REQUEST AND WILL RECEIVE CLEARANCE
THROUGH ANY SPECIAL USE AIRSPACE. ALL DON ACTIVITIES, PARTICULARLY
AVIATION COMMANDS AND THOSE COMMANDS WHO USE OR CONTROL AIRSPACE
CLEARANCE, SHALL COMPLY WITH THE PROCEDURES FOR HANDLING OPEN SKIES
TREATY AIRCRAFT FOUND IN FAA ORDER 7110.65M (AIR TRAFFIC CONTROL
HANDBOOK).
E. PROGRAM MANAGERS ARE RESPONSIBLE FOR PROTECTING NATIONAL SECURITY
AND SENSITIVE INFORMATION REGARDING THEIR PROGRAMS THROUGH EXISTING
SECURITY PLANS, OPERATIONS SECURITY (OPSEC) AND OTHER APPROPRIATE
MEANS.
F. NTIP WILL COORDINATE AN OPEN SKIES POST-FLIGHT ASSESSMENT THAT
EVALUATES IMAGERY OF DON ACTIVITIES TO DETERMINE THE EFFECTIVENESS
OF PRECAUTIONARY MEASURES.
G. NTIP WILL PROVIDE OPEN SKIES SEMINARS, TRAINING, AND OTHER
ASSISTANCE WHEN REQUESTED BY A NAVY OR MARINE CORPS ACTIVITY.
 
5. THE TREATY ON OPEN SKIES POINT OF CONTACT IS CDR DEBORAH O.
TESKE, USN, TREATY MANAGER, NAVAL TREATY IMPLEMENTATION PROGRAM
(NT40), (202) 764-0957, DSN: 764-0957, PLAD: NAVARMSCONTROLCOORD
WASHINGTON DC, E-MAIL: NT40@SSP.NAVY.MIL.
 
6. RELEASED BY THE HONORABLE GORDON R. ENGLAND, SECRETARY OF THE
NAVY.//
 
BT