    [Public Papers of the Presidents of the United States: William J. Clinton (1997, Book I)]
    [May 14, 1997]
    [Pages 600-601]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Senate on Conditions to the Flank Document of the
    Conventional Armed Forces in Europe Treaty
    May 14, 1997

    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

    [[Page 601]]

    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 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.

    Note: This message was released by the Office of the Press Secretary on
    May 15.