The White House
  
                   Office of the Press Secretary
  
  ________________________________________________________________
  
  For Immediate Release                               May 15, 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.
  

  
                                # # #