[Weekly Compilation of Presidential Documents Volume 33, Number 20 (Monday, May 19, 1997)]
[Page 712]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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 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.