26 April 1997
Source: http://www.whitehouse.gov

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                       The White House Briefing Room

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April 25, 1997

TO THE CONGRESS OF THE UNITED STATES:

                          THE WHITE HOUSE

                   Office of the Press Secretary

  _______________________________________________________________

  For Immediate Release                            April 25, 1997



  TO THE CONGRESS OF THE UNITED STATES:


       In accordance with the resolution of advice and consent
  to ratification of the Convention on the Prohibition of the
  Development, Production, Stockpiling and Use of Chemical Weapons
  and on Their Destruction, adopted by the Senate of the United
  States on April 24, 1997, I hereby certify that:

            In connection with Condition (1), Effect of Article
       XXII, the United States has informed all other States
       Parties to the Convention that the Senate reserves the
       right, pursuant to the Constitution of the United States,
       to give its advice and consent to ratification of the
       Convention subject to reservations, notwithstanding Article
       XXII of the Convention.

            In connection with Condition (7), Continuing Vitality
       of the Australia Group and National Export Controls: (i)
       nothing in the Convention obligates the United States to
       accept any modification, change in scope, or weakening of
       its national export controls; (ii) the United States
       understands that the maintenance of national restrictions
       on trade in chemicals and chemical production technology is
       fully compatible with the provisions of the Convention,
       including Article XI(2), and solely within the sovereign
       jurisdiction of the United States; (iii) the Convention
       preserves the right of State Parties, unilaterally or
       collectively, to maintain or impose export controls on
       chemicals and related chemical production technology for
       foreign policy or national security reasons,
       notwithstanding Article XI(2); and (iv) each Australia
       Group member, at the highest diplomatic levels, has
       officially communicated to the United States Government its
       understanding and agreement that export control and
       nonproliferation measures which the Australia Group has
       undertaken are fully compatible with the provisions of the
       Convention, including Article XI(2), and its commitment to
       maintain in the future such export controls and
       nonproliferation measures against non-Australia Group
       members.

            In connection with Condition (9), Protection of
       Advanced Biotechnology, the legitimate commercial
       activities and interests of chemical, biotechnology, and
       pharmaceutical firms in the United States are not being
       significantly harmed by the limitations of the Convention
       on access to, and production of, those chemicals and toxins
       listed in Schedule 1 of the Annex on chemicals.

            In connection with Condition (15), Assistance Under
       Article X, the United States shall not provide assistance
       under paragraph 7(a) of Article X, and, for any State Party
       the government of which is not eligible for assistance
       under chapter 2 of part II (relating to military
       assistance) or chapter 4 of part II (relating to economic
       support assistance) of the Foreign Assistance Act of 1961:
       (i) no assistance under paragraph 7(b) of Article X will be
       provided to the State Party; and (ii) no assistance under
       paragraph 7(c) of Article X other than medical antidotes
       and treatment will be provided to the State Party.

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            In connection with Condition (18), Laboratory Sample
       Analysis, no sample collected in the United States pursuant
       to the Convention will be transferred for analysis to any
       laboratory outside the territory of the United States.

            In connection with Condition (26), Riot Control
       Agents, the United States is not restricted by the
       Convention in its use of riot control agents, including the
       use against combatants who are parties to a conflict, in
       any of the following cases: (i) the conduct of peacetime
       military operations within an area of ongoing armed
       conflict when the United States is not a party to the
       conflict (such as recent use of the United States Armed
       Forces in Somalia, Bosnia, and Rwanda); (ii) consensual
       peacekeeping operations when the use of force is authorized
       by the receiving state, including operations pursuant to
       Chapter VI of the United Nations Charter; and (iii)
       peacekeeping operations when force is authorized by the
       Security Council under Chapter VII of the United Nations
       Charter.

            In connection with Condition (27), Chemical Weapons
       Destruction, all the following conditions are satisfied:
       (A) I have agreed to explore alternative technologies for
       the destruction of the United States stockpile of chemical
       weapons in order to ensure that the United States has the
       safest, most effective and environmentally sound plans and
       programs for meeting its obligations under the convention
       for the destruction of chemical weapons; (B) the
       requirement in section 1412 of Public Law 99-145 (50 U.S.C.
       1521) for completion of the destruction of the United
       States stockpile of chemical weapons by December 31, 2004,
       will be superseded upon the date the Convention enters into
       force with respect to the United States by the deadline
       required by the Convention of April 29, 2007; (C) the
       requirement in Article III(1)(a)(v) of the Convention for a
       declaration by each State Party not later than 30 days
       after the date the Convention enters into force with
       respect to that Party, on general plans of the State Party
       for destruction of its chemical weapons does not preclude
       in any way the United States from deciding in the future to
       employ a technology for the destruction of chemical weapons
       different than that declared under that Article; and (D) I
       will consult with the Congress on whether to submit a
       request to the Executive Council of the Organization for an
       extension of the deadline for the destruction of chemical
       weapons under the Convention, as provided under Part IV(A)
       of the Annex on Implementation and Verification to the
       Convention, if, as a result of the program of alternative
       technologies for the destruction of chemical munitions
       carried out under section 8065 of the Department of
       Defense Appropriations Act of 1997 (as contained in Public
       Law 104-208), I determine that alternatives to the
       incineration of chemical weapons are available that are
       safer and more environmentally sound but whose use would
       preclude the United States from meeting the deadlines of
       the Convention.

            In connection with Condition (28), Constitutional
       Protection Against Unreasonable Search and Seizure: (i) for
       any challenge inspection conducted on the territory of the
       United States pursuant to Article IX, where consent has
       been withheld, the United States National Authority will
       first obtain a criminal search warrant based upon probable
       cause, supported by oath or affirmation, and describing
       with particularity the place to be searched and the persons
       or things to be seized; and (ii) for any routine inspection
       of a declared facility under the Convention that is
       conducted on an involuntary basis on the territory of the
       United States, the United States National Authority first
       will obtain an administrative search warrant from a United
       States magistrate judge.

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       In accordance with Condition (26) on Riot Control Agents,
  I have certified that the United States is not restricted by
  the Convention in its use of riot control agents in various
  peacetime and peacekeeping operations.  These are situations in
  which the United States is not engaged in a use of force of a
  scope, duration and intensity that would trigger the laws of
  war with respect to U.S. forces.

       In connection with Condition (4)(A), Cost Sharing
  Arrangements, which calls for a report identifying all
  cost-sharing arrangements with the Organization, I hereby report
  that because the Organization is not yet established and will
  not be until after entry into force of the Convention, as of
  this date there are no cost-sharing arrangements between the
  United States and the Organization to identify.  However, we
  will be working with the Organization upon its establishment to
  develop such arrangements with it and will provide additional
  information to the Congress in the annual reports contemplated
  by this Condition.




                                WILLIAM J. CLINTON




  THE WHITE HOUSE,
      April 25, 1997.




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The White House Briefing Room



April 25, 1997

TO THE SENATE OF THE UNITED STATES: 


                          THE WHITE HOUSE
  
                   Office of the Press Secretary
  
  _______________________________________________________________
  
  For Immediate Release                            April 25, 1997
  
  
  TO THE SENATE OF THE UNITED STATES:
  
  
       I am gratified that the United States Senate has given 
  its advice and consent to the ratification of the Convention 
  on the Prohibition of the Development, Production, Stockpiling 
  and Use of Chemical Weapons and on their Destruction (the 
  "Convention").
  
       During the past several months, the Senate and the 
  Administration, working together, have prepared a resolution 
  of advice and consent to ratification of unusual breadth 
  and scope.  The resolution that has now been approved by 
  the Senate by a strong, bipartisan vote of 74-26 contains 
  28 different Conditions covering virtually every issue of 
  interest and concern.  I will implement these provisions.  I 
  will, of course, do so without prejudice to my Constitutional 
  authorities, including for the conduct of diplomatic exchanges 
  and the implementation of treaties.  A Condition in a resolution 
  of ratification cannot alter the allocation of authority and 
  responsibility under the Constitution.
  
       I note that Condition (2) on Financial Contributions states 
  that no funds may be drawn from the Treasury for payments or 
  assistance under the Convention without statutory authorization 
  and appropriation.  I will interpret this Condition in light 
  of the past practice of the Congress as not precluding 
  the utilization of such alternatives as appropriations 
  provisions that serve as a statutory authorization.
  
       I am grateful to Majority Leader Lott, Minority Leader 
  Daschle, and Senators Helms, Biden, Lugar, Levin, McCain and 
  the many others who have devoted so much time and effort to this 
  important ratification effort.  It is clear that the practical 
  result of our work together on the Convention will well serve 
  the common interest of advancing the national security of the 
  United States.  In this spirit, I look forward to the entry into 
  force of the treaty and express my hope that it will lead to 
  even more important advances in United States, allied, and 
  international security.
  
  
  
  
                                     WILLIAM J. CLINTON
  
  
  
  
  THE WHITE HOUSE,
      April 25, 1997.
  
  
  
  
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