U.S. says Russia is violating terms of the New START nuclear arms treaty

The United States accused Russia of violating the last remaining major nuclear arms treaty between the two nations by refusing to permit American inspectors access to Russian territory.

But the U.S. State Department concludes that does not appear to pose a significant threat. "While the United States cannot certify that the Russian Federation is in compliance with the terms of the New START Treaty, it does not determine ... that Russia’s noncompliance specified in this report threatens the national security interests of the United States," it says.

The two nations account for about 90% of the world's nearly 12,700 nuclear warheads, including 9,400 in military service and 3,300 set to be dismantled, according to the International Campaign to Abolish Nuclear Weapons, or ICAN.

Russia's 5,997 nuclear warheads give it the most confirmed nuclear weapons, followed by the United States' 5,428 hosted in the U.S. and five other nations: Belgium, Germany, Italy, Netherlands and Turkey. The next most are possessed by China, France, the United Kingdom, Pakistan, India, Israel and North Korea.

The State Department's latest annual report to Congress on Tuesday finds that Russia is no longer in compliance with the New START Treaty that entered into force on February 5, 2011, and was extended for five years in 2021.

The report is based on information available as of the end of last year and charges that Russia has improperly tried to temporarily exempt facilities from inspections.

"In refusing to permit the United States to conduct inspection activities on Russian territory, based on an invalid invocation of the 'temporary exemption' provision," it says, "Russia has failed to comply with its obligation to facilitate U.S. inspection activities, and denied the United States its right to conduct such inspection activities."

Russia also has failed to comply with its obligation to convene a timely session of the two nations' consultative commission, the State Department says, and has not allowed American inspectors to spot-check Russia's compliance with a warhead limit.

"The United States is unable to make a determination that Russia remained in compliance throughout 2022 with its obligation to limit its warheads on deployed delivery vehicles subject to the New START Treaty to 1,550," the report says. "While this is a serious concern, it is not a determination of noncompliance."

The State Department also notes that "Russia did not engage in significant activity above the treaty limits in 2022" and was "likely under the New START warhead limit at the end of 2022."

The treaty – which replaced the START treaty that was in effect from 2004 to 2009 – obliged the two nations to reduce and limit their forces by February 5, 2018, so that their arsenals do not exceed:

• 700 deployed intercontinental ballistic missiles (ICBMs), deployed submarine-launched ballistic missiles (SLBMs), and deployed heavy bombers equipped for nuclear armaments;
• 1,550 nuclear warheads on deployed ICBMs, deployed SLBMs, and deployed heavy bombers equipped for nuclear armaments (each such heavy bomber is counted as one warhead toward this limit);
• 800 deployed and non-deployed ICBM launchers, SLBM launchers, and heavy bombers equipped for nuclear armaments.

Russia fires back at 'unfounded claims'

Russia's ambassador to Washington, Anatoly Antonov, was quoted by Russia's state Tass news agency as saying Moscow has been "irreproachably observing" the New START Treaty – which is now due to expire in 2026 – and responsibility for the escalation of the treaty issues lies entirely with Washington.

"This year, against the backdrop of a frenzied confrontation with Russia initiated by the West, the (Biden) administration has been clearly eager to throw at us yet another set of unfounded claims in the area of arms control," said Antonov.

"We have warned that arms control cannot be isolated from geopolitical realities," he said. "In the current circumstances we consider it unjustified, untimely and inappropriate to invite the U.S. military to our strategic facilities."

Russia, however, remains committed to the goals of the treaty, he added, and "continues to regard it as a useful instrument for maintaining strategic stability and ensuring predictability in relations between the major nuclear powers."

The treaty was signed in 2010 among leaders Barack Obama and Dmitry Medvedev with the aim of regulating the two nations' nuclear arms through mutual inspections and data swaps about warheads and delivery mechanisms.

In December, U.S. officials said President Biden's administration was still open to discussing implementation concerns even though Russia "abruptly" called off talks on the treaty.

Biden met with Russia's President Vladimir Putin at a Swiss-hosted summit in Geneva in July 2021 where they agreed to restore ambassadors to their postings in Moscow and Washington and to begin negotiating a replacement for the New START Treaty. After Russia's invasion of Ukraine last February, however, relations between the two longtime adversaries have plunged to Cold War-era levels accompanied by U.S. sanctions against the Kremlin and huge military aid for Kyiv.

Russia will have to demonstrate that it has restored compliance with the treaty if it wants American lawmakers to agree to any future strategic arms control treaty, according to U.S. Senate Democrats Bob Menendez of New Jersey, Jack Reed of Rhode Island and Mark Warner of Virginia, who each chair key committees.

“U.S. officials have stated their desire to maintain strategic arms control with Russia while simultaneously holding Moscow accountable for its invasion of Ukraine," they said. "Above all, Russia’s unwillingness to allow on-site inspections of its nuclear facilities undermines a core tenet of the treaty – the ability to verify that its nuclear forces are below the agreed-to limitations."

“We have long supported strategic arms control with Russia, voting for New START in 2010 and advocating for the Treaty’s extension during both the Trump and Biden administrations. But to be very clear, compliance with New START treaty obligations will be critical to Senate consideration of any future strategic arms control treaty with Moscow.”