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   ~Congressional
   Sa          Research Service
   -     -      Informing the Iegislatve debate since 1914                   _




The Open Skies Treaty: Background and

Issues



Updated October 11, 2019
The United States, Canada, and 22 European nations signed the Treaty on Open Skies on March 24, 1992.
It entered into force on January 1, 2002, and now has 34 members. Each participant must permit unarmed
observation aircraft to fly over its entire territory to observe military forces and activities. The treaty is
designed to increase transparency, build confidence, and encourage cooperation among European nations.
The parties to the Open Skies Treaty have conducted 1,500 flights through early October 2019. Some
parties provide their own aircraft, but the parties can also join on overflights on aircraft provided by other
nations. Both the observing nation and observed nation have access to the data from each flight; other
parties can purchase copies of the data, so all can share information collected during all flights. The
United States and Russia have both conducted numerous observation flights over the other's territory,
although, according to the State Department, the United States conducted nearly three times as many
flights over Russia as Russia did over the United States. Further, the parties can invite flights over their
territories in special circumstances, as Ukraine did in 2014, when Open Skies flights helped monitor
activities along the Ukraine-Russian border.

Background
President Eisenhower proposed an Open Skies agreement in 1955 to reduce the risk of war. Before
satellites existed, aerial overflights provided information for both intelligence and confidence-building
purposes. The Soviet Union rejected the proposal because it considered overflights equal to espionage and
believed the United States had more to gain than it did. President George H. W. Bush revived the proposal
in May 1989. By this time, both the United States and Soviet Union collected intelligence with satellites
and remote sensors. As Europe emerged from the East-West divide of the Cold War, the United States
supported increased transparency to reduce the chances of military confrontation. The Open Skies Treaty
was one of three arms control arrangements-including the Vienna Document and the Conventional
Armed Forces in Europe Treaty (CFE)-which could serve, as then-Secretary of State Baker noted, as
the most direct path to greater predictability and reduced risk of inadvertent war.

Key Provisions
Open Skies participants make all their territory accessible to overflights by unarmed fixed-wing
observation aircraft. They can restrict flights for safety concerns, but cannot impede or prohibit flights
over areas, including military installations that would otherwise be off-limits. In most cases, the nation
conducting the observation flight provides the aircraft and sensors; officials from the host nation
participate in the flight.

CRS INSIGHT
Prepared for Members and
Committees of Congress

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