An executive resolution to advise and consent to the ratification of the Chemical Weapons Convention, subject to certain conditions.

Summary

Grants the Senate's advice and consent to the ratification of the Convention on the Prohibition of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, signed by the United States at Paris on January 13, 1993, including specified protocols and memorandum of understanding (Chemical Weapons Convention), subject to 33 specified conditions, including those summarized below, which shall be binding upon the President. Requires the President to certify to the Congress: (1) upon the deposit of the United States instrument of ratification (deposit), that the United States has informed all other nations that are parties to the Convention that the Senate reserves the right to give its advice and consent to ratification subject to reservations; and (2) within 240 days after deposit, that the current internal audit office of the Preparatory Commission has been expanded into an independent internal oversight office whose functions will be transferred to the Organization for the Prohibition of Chemical Weapons upon its establishment. Requires the President, prior to deposit and annually thereafter, to submit a report to the Congress identifying all cost-sharing arrangements with the Organization. Directs that no U.S. intelligence information be provided to the Organization or any affiliated organization unless the President certifies to the appropriate congressional committees that the Director of Central Intelligence has established and implemented procedures for protecting U.S. intelligence sources and methods from unauthorized disclosure. Requires that: (1) a U.S. representative be present at all Amendment Conferences and cast a vote on all proposed amendments; and (2) the President submit to the Senate for advice and consent any amendment to the Convention adopted by an Amendment Conference. Declares that the collapse of the "Australia Group" (the informal forum of states, chaired by Australia, whose goal is to discourage and impede chemical and biological weapons proliferation through specified means), or the substantial weakening of common Australia Group export controls and non-proliferation measures in force on the date of U.S. ratification of the Convention, would constitute a fundamental change in circumstances to U.S. ratification. Directs the President to certify to the Congress that: (1) each Australia Group member has officially communicated to the U.S. 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, and its commitment to maintain in the future such controls and measures against non-Australia Group members; and (2) the Australia Group remains a viable mechanism for limiting the spread of chemical and biological weapons-related materials and technology. Declares the primacy of the U.S. Constitution over anything in the Convention. Declares that the United States shall not accept any effort by Russia to make deposit of Russia's instrument of ratification contingent upon the United States providing financial guarantees to pay for implementation of commitments by Russia under the 1990 Bilateral Destruction Agreement or the Convention. Requires the President, prior to deposit, to certify to the Congress that: (1) the United States shall not provide certain assistance under Article X of the Convention; and (2) for any state party the government of which is not eligible for military assistance or economic support assistance of the Foreign Assistance Act of 1961, no assistance under Article X will be provided to the State party, with exceptions. Requires the President: (1) to notify the Congress within 30 days after determining that an officer or employee of the Organization has willfully made known in any manner or to any extent not authorized by the Convention any U.S. confidential business information and such disclosure has resulted in financial losses or damages to a U.S. person; and (2) within 270 days after such notification, to certify to the Congress that the immunity from jurisdiction of such foreign person has been waived by the Director-General of the Technical Secretariat. Requires 50 percent of the amount of each annual U.S. contribution to the regular budget of the Organization assessed pursuant to Article VIII to be withheld from disbursement if the President is unable to make such certification, until specified conditions are met. Provides for a similar withholding of contributions for breach of confidentiality involving a state party and the Organization. Directs the President, prior to deposit, to certify to the Senate that no sample collected in the United States pursuant to the Convention will be transferred for analysis to any laboratory outside U.S. territory. Limits U.S. annual assessments to the Organization to $25 million until the year 2000, except under specified circumstances. Requires the President, prior to deposit, to certify to the Congress that: (1) the United States is not restricted by the Convention in its use of riot control agents under specified circumstances; and (2) specified conditions are satisfied with respect to alternative technologies for chemical weapons destruction. Requires the President to certify to the Congress that: (1) for any challenge inspection conducted on U.S. territory pursuant to Article IX, where consent has been withheld, the U.S. 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 (2) for any routine inspection of a declared facility under the Convention that is conducted on an involuntary basis on U.S. territory, such Authority will obtain an administrative search warrant from a U.S. magistrate judge. Directs the President, prior to deposit, to: (1) make certain certifications to the Congress regarding Russian elimination of chemical weapons; and (2) certify to the Congress that countries which have been determined to have offensive chemical weapons programs and all other countries determined to be state sponsors of international terrorism, have ratified or otherwise acceded to the Convention. Requires the President to bar from entering U.S. territory for the purpose of conducting any activity associated with the Convention inspectors and inspection assistants who are nationals of countries designated by the Secretary of State as supporters of international terrorism or nationals of countries that have been determined by the President, in the last five years, to have violated U.S. nonproliferation law. Directs the President, prior to deposit, to certify to the Congress that: (1) the state parties have concluded an agreement amending the Convention by striking Article X and by amending Article XI to strike any provision that states or implies disapproval of trade restrictions in the field of chemical activities; (2) no provision has been added to the Convention or its annexes, and no statement has been issued by the Organization, stating or implying the right or obligation of state parties to share or facilitate the exchange among themselves of chemical weapons defense technology, chemicals, equipment, or scientific and technical information; and (3) compliance with the Convention is effectively verifiable.

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6 official files

• Agreed to Senate (text)

  Agreed to Senate · EN · 24 April 1997

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• Agreed to Senate (PDF)

  Agreed to Senate · EN · 24 April 1997

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• Passed Senate amended

  summary · EN · 24 April 1997

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• Introduced in Senate (text)

  Introduced in Senate · EN · 17 April 1997

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 17 April 1997

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• Introduced in Senate

  summary · EN · 17 April 1997

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