[Congressional Record Volume 143, Number 64 (Thursday, May 15, 1997)]
[Senate]
[Pages S4587-S4588]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  REPORT ON THE CFE FLANK DOCUMENT--MESSAGE FROM THE PRESIDENT--PM 36

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Foreign Relations.

To the Senate of the United States:
  I am gratified that the Senate has given its advice and consent to 
the ratification to the CFE Flank Document and I look forward to the 
entry into force of this important agreement. It will reaffirm the 
integrity of one of the CFE Treaty's core provisions and will 
facilitate progress on CFE adaptation and, thus, NATO enlargement, key 
elements for advancing United States and European security.
  I must, however, make clear my view of several of the Conditions 
attached to the resolution of advice and consent to ratification, 
including Conditions 2, 3, 4, 6, 7, 9 and 11. These Conditions all 
purport to direct the exercise of authorities entrusted exclusively to 
the President under our Constitution, including for the conduct of 
diplomacy and the implementation of treaties. The explicit limitation 
on diplomatic activities in Condition 3 is a particularly clear example 
of this point. As I wrote the Senate following approval of the Chemical 
Weapons Convention, a condition in a resolution of ratification cannot 
alter the allocation of authority and responsibility under the 
Constitution. I will, therefore, interpret the Conditions of concern in 
the resolution in a manner consistent with the responsibilities 
entrusted to me as President under the Constitution. Nevertheless, 
without prejudice to my Constitutional authorities, I will implement 
the Conditions in the resolution.
  Condition (9), which requires my certification that any agreement 
governing ABM Treaty succession will be submitted to the Senate for 
advice and consent, is an issue of particular concern not only because 
it addresses a matter reserved to the President under our Constitution, 
but also because it is substantively unrelated to the Senate's review 
of the CFE Flank Document. It is clearly within the President's 
authorities to determine the successor States to a treaty when the 
original Party dissolves, to make the adjustments required to 
accomplish such succession, and to enter into agreements for this 
purpose. Indeed, throughout our history the executive branch has made a 
large number of determinations concerning the succession of new States 
to the treaty rights and obligations of their predecessors. The ABM 
Succession MOU negotiated by the United States effectuated no 
substantive change in the ABM Treaty requiring Senate advice and 
consent. Nonetheless, in light of the exceptional history of the ABM 
Treaty and in view of my commitment to agree to seek Senate approval of 
the Demarcation

[[Page S4588]]

Agreements associated with the ABM Treaty, I have, without prejudice to 
the legal principles involved, certified, consistent with Condition 
(9), that I will submit any agreement concluded on ABM Treaty 
succession to the Senate for advice and consent.
                                                  William J. Clinton.  
  The White House, May 14, 1997.

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