
Agreement Between the Government of the
Republic of India and the Government of the People's Republic
of China on Confidence-Building Measures in the Military Field
Along the Line of Actual Control in the India-China Border
Areas
29 November 1996 (New Delhi)
The Government of the Republic of India and
the Government of the People's Republic of China (hereinafter
referred to as the two sides),
Believing that it serves the fundamental interests of the
peoples of India and China to foster a long-term good-neighbourly
relationship in accordance with the 'five principles of mutual
respect for sovereignty and territorial integrity, mutual
non-aggression, non-interference in each other's internal
affairs, equality and mutual benefit and peaceful co-existence,
Convinced that the maintenance of peace and
tranquillity along the line of actual control in the India-China
border areas accords with the fundamental interests of the
two peoples and will also contribute to the ultimate resolution
of the boundary question,
Reaffirming that neither side shall use or threaten
to use force against the other by any means or seek unilateral
military superiority,
Pursuant to the Agreement between the Government
of the Republic of India and the Government of the People's
Republic of China on the Maintenance of Peace and Tranquillity
along the Line of Actual Control in the India-China Border
Areas, signed on 7 September, 1993,
Recognizing the need for effective confidence
building measures in the military field along the line of
actual control in the border areas between the two sides,
Noting the utility of confidence building measures
already in place along the line of actual control in the India-China
border areas,
Committed to enhancing mutual confidence and transparency
in the military field, Have agreed as follows :
ARTICLE I
Neither side shall use its military capability
against the other side. No armed forces deployed by either
side in the border areas along the line of actual control
as part of their respective military strength shall be used
to attack the other side, or engage in military activities
that threaten the other side or undermine peace, tranquillity
and stability in the India-China border areas.
ARTICLE II
The two sides reiterate their determination
to seek a fair, reasonable and mutually acceptable settlement
of the boundary question. Pending an ultimate solution to
the boundary question, the two sides reaffirm their commitment
to strictly respect and observe the line-of actual control
in the India-China border areas. No activities of either side
shall overstep the line of actual control.
ARTICLE III
The two sides agree to take the following measures
to reduce or limit their respective military forces within
mutually agreed geographical zones along the line of actual
control in the India-China border areas:
ARTICLE V
With a view to preventing air intrusions across
the line of actual control in the India-China border areas
and facilitating overflights and landings by military aircraft:
(1) Both sides shall take adequate measures to ensure that
air intrusions across the line of actual control do not
take place. However, if an intrusion does take place, it
should cease as soon as detected and the incident shall
be promptly investigated by the side operating the aircraft.
The results of the investigation shall be immediately communicated,
through diplomatic channels or at border personnel meetings,
to the other side.
(2) Subject to Paragraphs 3 and 5 of this Article, combat
aircraft (to include fighter, bomber, reconnaissance, military
trainer, armed helicopter and other armed aircraft) shall
not fly within ten kilometers of the line of actual control.
(3) If either side is required to undertake flights of
combat aircraft within ten kilometers from the line of actual
control, it shall give the following information in advance
to the other side, through diplomatic channels:
(a) Type and number of combat
aircraft;
(b) Height of the proposed flight (in meters);
(c) Proposed duration of flights (normally not to exceed
ten days);
(d) Proposed timing of flights; and
(e) Area of operations, defined in latitude and longitude.
(4) Unarmed transport aircraft, survey aircraft and helicopters
shall be permitted to fly up to the line of actual control.
(5) No military aircraft of either side shall fly across
the line of actual control, except by prior permission.
Military aircraft of either side may fly across the line
of actual control or overfly the other side's airspace or
land on the other side only after obtaining the latter's
prior permission after providing the latter with detailed
information on the flight in accordance with the international
practice in this regard.
Notwithstanding the above stipulation, each side has the
sovereign right to specify additional conditions, including
at short notice, for flights or landings of military aircraft
of the other side on its side of the line of actual control
or through its airspace.
(6) In order to ensure flight safety in emergency situations,
the authorities designated by the two sides may contact
each other by the quickest means of communications available.
ARTICLE VI
With a view to preventing dangerous military
activities along the line of actual control in the India-China
border areas, the two sides agree as follows:
ARTICLE VII
In order to strengthen exchanges and cooperation
between the military personnel and establishments in the border
areas along the line of actual control, the two sides agree:
ARTICLE IX
In case a doubtful situation develops in the
border region, or in case one of the sides has some questions
or doubts regarding the manner in which the other side is
observing this Agreement, either side has the right to seek
a clarification from the other side. The clarifications sought
and replies to them shall be conveyed through diplomatic channels.
ARTICLE X
Detailed implementation measures required under Article I
to Article X of this Agreement shall be decided through mutual
consultations in the India-China Joint Working Group on the
Boundary Question. The India-China Diplomatic and Military
Expert Group shall assist the India-China Joint working Group
in devising implementation measures under the Agreement.
ARTICLE XII
This Agreement is subject to ratification and shall enter
into force on the date of exchange of instruments of ratification.
It shall remain in effect until either side decides to terminate
it after giving six months' notice in writing. It shall become
invalid six months after the notification.
This Agreement is subject to amendment and addition by mutual
agreement in writing between the two sides.
Signed in duplicate in New Delhi on 29 November, 1996 in
the Hindi, Chinese and English languages, all three texts
being equally authentic. In case of divergence, the English
text shall prevail.