treaties: 102-20
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| id | congress | number | title | topic | transmitted_date | in_force_date | countries | index_terms | resolution_text |
|---|---|---|---|---|---|---|---|---|---|
| 102-20 | 102 | 20 | START TREATY | Arms Control | 1991-11-25T00:00:00Z | U.S.S.R. (Soviet Union) | ARMS CONTROL, SOVIET UNION, START, START TREATY, STRATEGIC OFFENSIVE ARMS, UNION OF SOVIET SOCIALIST REPUBLICS, USSR | <p>TEXT OF RESOLUTION OF ADVICE AND CONSENT TO RATIFICATION AS APPROVED BY THE SENATE:</p><br><p>Resolved, (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms signed at Moscow on July 31, 1991, including Annexes and Agreed Statements and Definitions; Protocols on Conversion or Elimination, Inspection, Notification, Throw-weight, Telemetry, and Joint Compliance and Inspection Commission, Memorandum of Understanding (all transmitted within Treaty Doc. 102-20), the Corrigenda of December 19, 1991, and the Protocol to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms signed at Lisbon, Portugal, on May 23, 1992, between the United States of America and the Republic of Byelarus, the Republic of Kazakhstan, the Russian Federation and Ukraine, as successor states of the former Union of Soviet Socialist Republics in connection with the START Treaty (transmitted within Treaty Doc. 102-32 and hereinafter referred to as the May 23, 1992 Protocol); all such documents being integral parts of and collectively referred to as, the "START Treaty", subject to the following:</p><br><p>(a) CONDITIONS: The Senate's advice and consent to the ratification of the START Treaty is subject to the following conditions, which shall be binding upon the President:</p><br><p>(1) BINDING OBLIGATIONS: That upon entry into force of the START Treaty, including the May 23, 1992 Protocol, the Republic of Byelarus, the Republic of Kazakhstan, the Russian Federation and Ukraine shall be legally bound under international law to all the obligations of the Union of Soviet Socialist Republics set forth in the START Treaty, its two Annexes, six Protocols, Memorandum of Understanding and Corrigenda.</p><br><p>(2) LEGAL AND POLITICAL OBLIGATIONS OF USSR: That the legal and political obligations of the Union of Soviet Socialist Republics reflected in the four related separate agreements, seven legally binding letters, four areas of correspondence, two politically binding declarations, thirteen joint statements and ten other statements on related issues transmitted in Treaty Doc. 102-20 for the information of the Senate with the START Treaty are included in the "obligations of the former Union of Soviet Socialist Republics under the Treaty" assumed by the Republic of Byelarus, the Republic of Kazakhstan, the Russian Federation, and Ukraine pursuant to Article I of the May 23, 1992 Protocol, and that the legal obligations assumed therein are of the same force and effect as the provisions of the Treaty. The United States shall regard actions inconsistent with these legal obligations as equivalent under international law to actions inconsistent with the START Treaty. This condition shall be communicated by the President to the Republic of Byelarus, the Republic of Kazakhstan, the Russian Federation and Ukraine, in such form as he deems appropriate.</p><br><p>(3) BYELARUS, KAZAKHSTAN AND UKRAINE LETTERS: That the letter from Chairman Shushkevich of the Supreme Soviet of the Republic of Byelarus to President Bush dated May 20, 1992; the letter from President Nazarbayev of the Republic of Kazakhstan to President Bush dated May 19, 1992; and the letter from President Kravchuk of Ukraine to President Bush dated May 7, 1992 (all having been submitted to the Senate as associated with the May 23, 1992 Protocol in Treaty Doc. 102-32), being obligations legally binding only in the event of ratification of the START Treaty, are of the same force and effect as the provisions of the Treaty. The United States shall regard actions inconsistent with these obligations as equivalent under international law to actions inconsistent with the START Treaty. This condition shall be communicated by the President to the Republic of Byelarus, the Republic of Kazakhstan and Ukraine, in such form as he deems appropriate.</p><br><p>(4) NUCLEAR NON-PROLIFERATION TREATY: That the obligations of the Republic of Byelarus, the Republic of Kazakhstan and Ukraine to adhere to the Treaty on the Non-Proliferation of Nuclear Weapons of July 1, 1968 as non-nuclear-weapon States Parties in the shortest possible time, set forth in Article V of the May 23, 1992 Protocol, are of the same force and effect as the provisions of the Treaty. The United States shall regard actions inconsistent with these obligations as equivalent under international law to actions inconsistent with the START Treaty. This condition shall be communicated by the President to the Republic of Byelarus, the Republic of Kazakhstan and Ukraine in such form as he deems appropriate.</p><br><p>(5) IMPLEMENTATION ARRANGEMENTS: If by the date which is ten days before the date upon which the President of the United States proposes to exchange the instruments of ratification of the START Treaty, the Republic of Byelarus, the Republic of Kazakhstan, the Russian Federation, and the Ukraine have not made arrangements to implement the START Treaty's limits and restrictions or to allow functioning of the verification provisions of the Treaty equally and consistently throughout the territory of the Republic of Byelarus, the Republic of Kazakhstan, the Russian Federation, and Ukraine, as agreed to in Article II of the May 23, 1992 Protocol, or have not worked out a basis to participate in the Joint Compliance and Inspection Commission, as agreed to in Article IV of the May 23, 1992 Protocol, then -</p><br><p> (A) the President -</p><br><p> (i) shall consult with the Senate regarding the effect on the Treaty of such developments; and</p><br><p> (ii) shall seek on an urgent basis a meeting at the highest diplomatic levels to gain agreements on the completion of the aforesaid arrangements, and</p><br><p> (B) the President shall take no action to allow the Treaty to enter into force until such consultation and such meeting have taken place.</p><br><p>(6) ELIMINATION OF NUCLEAR WEAPONS FROM BYELARUS, KAZAKHSTAN AND UKRAINE: If the Republic of Byelarus, the Republic of Kazakhstan and Ukraine have not eliminated all nuclear weapons located on their territory and have not eliminated, in accordance with the procedures of the START Treaty, all strategic offensive arms located on their territory, within seven years following the date of entry into force of the START Treaty, as agreed to in legally binding letters submitted to the Senate in connection with the May 23, 1992 Protocol in Treaty Doc. 102-32, then the President -</p><br><p> (A) shall consult with the Senate regarding the effect on the START Treaty of such developments,</p><br><p> (B) shall, if the President determines that failure to eliminate, within seven years following the date of entry into force of the START Treaty, all nuclear weapons, including all strategic offensive arms, located on the territories of the Republic of Byelarus, the Republic of Kazakhstan and Ukraine is of such significance as to constitute a changed circumstance affecting the treaty's object and purpose, and if the President decides not to invoke the withdrawal right under Article XVII of the Treaty, the President shall request a meeting of the Joint Compliance and Inspection Commission in accordance with Article XV of the Treaty, to assess the viability of the Treaty and to ascertain if an amendment is needed to accommodate the change of circumstance, or the President shall undertake other appropriate diplomatic steps; and</p><br><p> (C) shall, if the President has made the determination and decision described in subparagraph (B) -</p><br><p> (i) submit for the Senate's advice and consent to ratification any change in the obligations of the States Parties under the Treaty that is designed to accomodate such circumstance and is agreed to by all States Parties, unless such change is a minor matter of an administrative or technical nature; or</p><br><p> (ii) if no such change in the obligations of the States Parties is agreed to by all States Parties but the President determines nonetheless that continued adherence to the START Treaty would serve the national security interests of the United States, the President shall seek a Senate resolution of support of such continued adherence, notwithstanding the changed circumstances affecting the Treaty's object and purpose.</p><br><p>(7) PRESIDENTIAL REPORT ON TREATY COMPLIANCE: Within 180 days of the Senate's giving its advice and consent to ratification of the Treaty, the President shall submit to the Senate an updated and expanded compliance report in classified and unclassified form, setting forth -</p><br><p> (A) a listing and discussion of the actions which are violations or probable violations of the obligations of the SALT I Interim Agreement, SALT II, ABM, INF and START Treaties, and the ultimate resolution of these issues;</p><br><p> (B) a listing and discussion of the actions which are in compliance with the SALT I Interim Agreement, SALT II, ABM, INF and START Treaties; and</p><br><p> (C) a comparison of the military significance of those actions listed in subparagraphs (A) and (B).</p><br><p>(8) NUCLEAR STOCKPILE WEAPONS ARRANGEMENT: In as much as the prospect of a loss of control of nuclear weapons or fissile material in the former Soviet Union could pose a serious threat to the United States and to international peace and security, in connection with any further agreement reducing strategic offensive arms, the President shall seek an appropriate arrangement, including the use of reciprocal inspections, data exchanges, and other cooperative measures, to monitor -</p><br><p> (A) the numbers of nuclear stockpile weapons on the territory of the parties to this Treaty; and</p><br><p> (B) the location and inventory of facilities on the territory of the parties to this treaty capable of producing or processing significant quantities of fissile materials.</p><br><p>(b) DECLARATIONS: The Senate's advice and consent to ratification of the START Treaty is subject to the following declarations, which express the intent of the Senate:</p><br><p>(1) SUBSTANTIAL FURTHER REDUCTIONS: Cognizant of the United States' obligation under Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons of July 1, 1968 "to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmamennt and on a treaty on general and complete disarmament under strict and effective international control", the Senate finds that the President entered into a Joint Understanding of June 17, 1992, on behalf of the United States, with President Yeltsin, on behalf of the Russian Federation, agreeing to conclude promptly a treaty providing for substantial further reductions in strategic offensive arms. The Senate encourages the conclusion of such a treaty at the earliest possible date and will give it prompt consideration upon submission by the President for advice and consent to ratification. In anticipation of the completion, ratification, and entry into force of a treaty with the Russian Federation for substantial further reductions in strategic arms, the Senate calls upon the other nuclear-weapons-states to give careful and early consideration to corresponding reductions of their own nuclear arsenals.</p><br><p>(2) MISSILE TECHNOLOGY CONTROL REGIME: The Senate urges the President to seek the adherence by the Republic of Byelarus, the Republic of Kazakhstan and Ukraine to the guidlines of the Missile Technology Control Regime.</p><br><p>(3) ELIMINATION AND DISMANTLEMENT OF NUCLEAR WARHEADS: The Senate commends the Republic of Byelarus, the Republic of Kazakhstan, and Ukraine for eliminating the tactical nuclear warheads from their territories and urges the rapid elimination of the strategic nuclear warheads from their territories pursuant to their obligations under the START Treaty. The Senate urges the President to instruct the Safety, Security and Dismantlement negotiators to proceed expeditiously to obtain the destruction of all nuclear warheads from eliminated systems and to facilitate secure safeguarded storage of the special nuclear material withdrawn from eliminated weapons.</p><br><p>(4) TREATY INTERPRETATION: The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the Resolution of Ratification with respect to the INF Treaty, approved by the Senate on May 27, 1988.</p><br><p>(5) FURTHER ARMS REDUCTION OBLIGATIONS: The Senate declares its intention to consider for approval international agreements that would obligate the United States to reduce or limit the Armed Forces or armaments of the United States in a militarily significant manner only pursuant to the treaty power set forth in Article II, Section 2, Clause 2 of the Constitution.</p><br><p>(6) ELIMINATION OF ICBM SILO LAUNCHERS IN AN ENVIRONMENTALLY SOUND MANNER: In accordance with Article II of the Protocol on the Joint Compliance and Inspection Commission (relating to convening a session of the Commission), the United States upon the convening of a session of the Joint Compliance and Inspection Commission shall place on the agenda for discussion the elimination of ICBM silo launchers located in the United States of America in ways that would minimize the impact of such elimination on the environment, including the impact on water wells and aquifers.</p><br><br><br> |
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