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              Congressional
                 Research Service





The Open Skies Treaty: Background and

Issues



Updated January 15, 2021
The United States announced its intention to withdraw from the Treaty on Open Skies on May 22, 2020;
this withdrawal took effect on November 22, 2020. Russia has also announced its plans to withdraw,
noting that it would begin the domestic procedures for withdrawal on January 15, 2021, and would then
send the official notification to the other treaty parties.
The United States, Canada, and 22 European nations signed this treaty on March 24, 1992. It entered into
force on January 1, 2002, and had 34 members before the U.S. withdrawal. The parties permit unarmed
observation aircraft to fly over their entire territories to observe military forces and activities. The treaty is
designed to increase transparency, build confidence, and encourage cooperation among European nations.
The parties had conducted 1,500 observation flights through early October 2019. Some parties provide
their own aircraft, but they can also join 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. 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.
With the United States withdrawal from the Treaty, it will no longer participate in flights or share data
collected by others. Russian officials insisted that the remaining participants not share data collected on
Open  Skies flights with the United States. They also indicated that they expected to continue to fly over
U. S. bases and facilities located on the territories of other treaty parties. After the other parties rejected
these conditions, Russia announced its plans to withdraw from the treaty.

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


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