[Senate Executive Report 114-16]
[From the U.S. Government Publishing Office]
114th Congress } { Exec. Rept.
SENATE
2d Session } { 114-16
======================================================================
PROTOCOL TO THE NORTH ATLANTIC TREATY OF
1949 ON THE ACCESSION OF MONTENEGRO
_______
December 7, 2016.--Ordered to be printed
_______
Mr. Corker, from the Committee on Foreign Relations,
submitted the following
REPORT
[To accompany Treaty Doc. 114-12]
The Committee on Foreign Relations, to which was referred
the Protocol to the North Atlantic Treaty of 1949 on the
Accession of Montenegro, opened for signature at Brussels on
May 19, 2016, and signed that day on behalf of the United
States of America, having considered the same, reports
favorably thereon subject to seven declarations and two
conditions for the Protocol, as indicated in the resolution of
advice and consent for the treaty, and recommends the Senate
give its advice and consent to ratification thereof, as set
forth in this report and the accompanying resolution of advice
and consent.
CONTENTS
Page
I. Purpose..........................................................1
II. Background.......................................................2
III. Qualifications of Montenegro for NATO Membership.................2
IV. Entry Into Force.................................................3
V. Committee Action.................................................3
VI. Committee Recommendation and Comments............................4
VII. Text of Resolution of Advice and Consent to Ratification.........6
I. Purpose
This Protocol is a vehicle for inviting Montenegro to
accede to the North Atlantic Treaty (the ``Treaty'') in
accordance with Article 10 of the Treaty and thus become a
member of the North Atlantic Treaty Organization (``NATO''),
with all of the privileges and responsibilities that apply to
current Allies. The core commitment made among the Allies is
embodied in the text of the Treaty, including the collective
defense provision in Article 5.
II. Background
The North Atlantic Treaty entered into force on August 24,
1949, with twelve states having ratified the Treaty. The
original parties of the Treaty, and thus the original members
of NATO, were the United States, Canada, the United Kingdom,
France, Italy, the Netherlands, Belgium, Portugal, Denmark,
Norway, Iceland, and Luxembourg. The alliance has expanded six
times: in 1952, Greece and Turkey became members; in 1955, West
Germany; in 1982, Spain; in 1999, Poland, Hungary and the Czech
Republic; in 2004, Bulgaria, Estonia, Latvia, Lithuania,
Romania, Slovakia, and Slovenia; and in 2009, Albania, and
Croatia.
The process leading to the enlargement of the alliance has
been refined since the Cold War. NATO remains a military
alliance, but also became an agent of peace, holding new
members to higher democratic and economic standards and
creating a secure space for newly free nations to develop.
Military reform and achieving interoperability with NATO
remains essential, but the character of the new allied country
is also important. The debate over the last three enlargements
has centered on what standard of political or economic
development is adequate for accession to the alliance.
In the 1990s, Secretary of Defense William Perry
established benchmarks used to assess new members. These are
democratic elections, individual liberty, and the rule of law;
commitment to economic reform and a market economy; adherence
to the norms of the Organization for Security and Cooperation
in Europe (OSCE) in the treatment of ethnic minorities and
social justice; resolution of territorial disputes with
neighbors; and the establishment of democratic control of the
military. Montenegro has attempted to address these issues in
the course of its NATO membership applications and the
committee has examined the results.
Engagement with NATO to assist a country's democratic and
economic development is not the end of reform. The experience
of previous NATO enlargements suggests that countries continue
the reform process after admission, and Montenegro must
similarly continue this process.
III. Qualifications of Montenegro for NATO Membership
Since the mid-1990's, NATO has been heavily involved in
peacekeeping operations in the Western Balkans, a region that
has been beset by instability and conflict for the past two
decades. NATO has also worked hard to strengthen institutional
ties with the fledgling democracies of the region, in the hope
that full integration with Euro-Atlantic institutions such as
NATO and the European Union (EU) would ensure long-term
stability and security.
Since gaining independence from its union with Serbia in
2006, Montenegro's key foreign policy goals have been EU and
NATO membership. Former Prime Minister Milo Djukanovic has said
that a fundamental reason for Montenegro's efforts to join NATO
is that the alliance serves as a stabilizing force in the
region.
NATO invited Montenegro to begin formal accession talks in
December 2015, having concluded that the government had made
sufficient progress in implementing the reforms called for in
its Membership Action Plan (MAP). Since 2009, Montenegro has
adopted a wide range of laws aiming to bolster the
effectiveness and transparency of government institutions, and
the independence of the judiciary, among other things.
Nevertheless, it is noted that Montenegro continues to face
challenges in the following areas: rule of law, especially
judicial reform and the fight against organized crime and
corruption; security matters, including intelligence and
security sector reform, arms control, and the fight against
terrorism; and military matters, including removal of
unnecessary military infrastructure and surplus arms.
In its 2015 annual progress report on Montenegro, the
European Union noted that the government had made ``good
progress'' in improving the legislative framework for
increasing the independence of the judiciary and fighting
corruption. However, the EU also underscored that Montenegro
had yet to establish a track record of prosecuting corruption
cases and achieving convictions. Observers have welcomed the
establishment in 2015 of a Special Public Prosecutor's Office,
but its effectiveness remains to be seen. Some outside experts
have raised doubts as to whether Montenegrin authorities are
sufficiently committed to taking steps to prevent corruption
and promote an independent judiciary, suggesting that such
actions could implicate high-ranking political figures.
As a condition of advancing accession talks, NATO officials
consistently pushed for further reform of Montenegro's security
sector. Areas of particular concern have been the intelligence
sector and arms control issues. Montenegro has taken steps to
address deficiencies in its intelligence sector, specifically
within its National Security Agency (ANB). NATO appears to have
concluded that Montenegro has since taken the steps necessary
to ensure the independence of its intelligence sector, but the
committee urges continued vigilance to ensure that NATO's
security standards are met.
IV. Entry Into Force
The Protocol will enter into force when all of the current
Parties to the North Atlantic Treaty have notified the
Government of the United States of America, which is the
depositary for the North Atlantic Treaty, of their acceptance
of the Protocol. Once the Protocol has entered into force, the
Secretary General of NATO shall extend an invitation to
Montenegro to accede to the North Atlantic Treaty and in
accordance with Article 10 of the Treaty, Montenegro shall
become a Party to the Treaty on the date it deposits its
instrument of accession with the Government of the United
States of America.
V. Committee Action
The committee held a public hearing on the accession of
Montenegro to NATO on September 14, 2016, and testimony was
received from Mr. Hoyt Yee, Deputy Assistant Secretary, Bureau
of European and Eurasian Affairs at the Department of State;
and Dr. Michael Carpenter, Deputy Assistant Secretary of
Defense for Russia, Ukraine, And Eurasia at the Department of
Defense. A transcript of this hearing is forthcoming in S. Hrg.
479.
On December 6, 2016, the committee considered this protocol
and ordered it favorably reported by voice vote, with a quorum
present and without objection.
VI. Committee Recommendation and Comments
The Committee on Foreign Relations believes that Montenegro
has the potential to make contributions as a member of NATO.
Montenegro has already demonstrated this potential through its
participation in recent years in NATO combat and peacekeeping
operations in Afghanistan. The admission of Montenegro to the
alliance will have a stabilizing effect on Southeastern Europe.
Montenegro's membership will encourage the continued spread of
peace and democracy in the region, and its willingness to
contribute to ongoing NATO operations will augment NATO's
resources.
It will take some time for Montenegro to cement the
political and economic gains made during the past decade of
independence. Montenegro still needs to make greater efforts
enhance the rule of law, fight corruption and organized crime,
meet NATO standards in security sector reforms, and build
public support for NATO membership. The committee believes,
however, that Montenegro's commitment to NATO membership is
strong and that its addition to the alliance is warranted.
RESOLUTION
The committee has included in the proposed resolution for
the Protocol seven declarations and two conditions, which are
discussed below.
DECLARATIONS
Declaration 1: Reaffirmation that Membership in NATO Remains a Vital
National Security Interest of the United States
Declaration 1 restates that NATO membership is a vital
national security interest for the United States. For over
sixty years, NATO has served as the foremost organization to
defend the territory of the countries in the North Atlantic
area against all external threats. NATO prevailed in the task
of ensuring the survival of democratic governments throughout
the Cold War, and NATO has established a process of cooperative
security planning that enhances the security of the United
States and its allies, while distributing the financial burden
of defending the democracies of Europe and North America among
the Allies.
Declaration 2: Strategic Rationale for NATO Enlargement
Declaration 2 lays out the strategic rationale for the
inclusion of Montenegro in NATO. NATO members have determined
that, consistent with Article 10 of the North Atlantic Treaty,
Montenegro is in a position to further the principles of the
North Atlantic Treaty and to contribute to the security of the
North Atlantic area, and that extending membership to
Montenegro will enhance the stability of Southeast Europe,
which is in the interests of the United States.
Declaration 3: Support for NATO's Open Door Policy
Declaration 3 supports NATO's Open Door Policy for any
European country that expresses interest in the alliance and is
able to meet the obligations of membership.
Declaration 4: Future Consideration of Candidates for Membership in
NATO
Declaration 4 declares that the consideration of future
members in NATO provided for under Article 10 of the Senate-
approved North Atlantic Treaty is subject to the requirement
for advice and consent under Article II, Section 2, Clause 2 of
the United States Constitution. Article 10 of the North
Atlantic Treaty provides for an open door to the admission into
NATO of other European countries that are in a position to
further the principles of the Treaty and that can contribute to
the security of the North Atlantic area. The United States will
not support any subsequent invitation for admission to NATO if
the prospective member cannot fulfill the obligations and
responsibilities of NATO membership in a manner that serves the
overall political and strategic interests of the United States.
The Senate emphasizes that no state will be invited to become a
member of NATO unless the Executive Branch fulfills the
Constitutional requirement for seeking the advice of the
Senate, a consensus decision to proceed is reached in NATO, and
ratification is achieved according to the national procedures
of each NATO member, including the consent to ratification by
the Senate.
Declaration 5: Influence of Non-NATO Members on NATO Decisions
Declaration 5 states that non-NATO members shall not have
the ability to impact the decision-making process of the
alliance in relation to NATO enlargement. Some outside
observers have alleged that outside forces have attempted to
interfere in domestic Montenegrin politics and build opposition
to Montenegro's inclusion in NATO. The Senate notes such
concerns and emphasizes that non-NATO members shall not have
the ability to influence the decision-making process of NATO
enlargement.
Declaration 6: Support for 2014 Wales Summit Defense Spending Benchmark
Declaration 6 reaffirms support for the collection
contribution to the resource commitments of the alliance
outlined in the 2014 Wales Summit Declaration. These
commitments obligate each NATO member to spend a minimum of two
percent of GDP on defense and twenty percent of their defense
budget on major equipment, including research and development.
The Senate notes that at this time only five members of the
alliance meet the obligation for overall defense spending and
encourages all members to address this disparity at the soonest
opportunity.
Declaration 7: Support for Montenegro's Democratic Reform Process
Declaration 7 affirms that Montenegro has made appropriate
progress in implementing reforms to address corruption, but
recognizes that Montenegro must continue to progress in
ensuring rule of law, particularly in the area of corruption.
CONDITIONS
Condition 1: Presidential Certification
Condition 1 requires the President to certify, prior to the
deposit of the instrument of ratification for the Protocol,
that (1) the inclusion of Montenegro in NATO will not have the
effect of increasing the overall percentage share of the United
States in the NATO common budget; and (2) the inclusion of
Montenegro in the alliance will not detract from the ability of
the United States to meet or fund its military requirements
outside the North Atlantic Area.
Condition 2: Annual Report on NATO Member Defense Spending
Condition 2 requires the submission of an annual report on
NATO member defense spending for each of the subsequent eight
years following the entry into force of the protocol. The
report shall outline the following expenditures for each of the
previous five years: amount each NATO member spent on its
national defense, the percentage of GDP each NATO member spent
on its national defense, and the percentage of national defense
spending each NATO member spent on major equipment, including
research and development. The report shall also include a
detailed accounting of actions taken by each NATO member in the
previous year to move toward achieving the NATO guideline,
outlined in the 2014 Wales Summit Declaration, to spend a
minimum of two percent of GDP on national defense and twenty
percent of its defense budget on major equipment.
VII. Resolution of Advice and Consent to Ratification
PROTOCOL TO THE NORTH ATLANTIC TREATY OF 1949 ON THE ACCESSION OF
MONTENEGRO
Resolved, (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO DECLARATIONS AND
CONDITIONS.
The Senate advises and consents to the ratification of the
Protocol to the North Atlantic Treaty of 1949 on the Accession
of Montenegro, which was opened for signature in Brussels on
May 19, 2016, and signed on behalf of the United States of
America (the ``Protocol'') (Treaty Doc. 114-12), subject to the
declarations of section 2 and the conditions of section 3.
SEC. 2. DECLARATIONS.
The advice and consent of the Senate under section 1 is
subject to the following declarations:
(1) Reaffirmation that United States Membership in NATO
Remains a Vital National Security Interest of The United
States.--The Senate declares that--
(A) for more than 60 years the North Atlantic Treaty
Organization (NATO) has served as the preeminent
organization to defend the countries in the North
Atlantic area against all external threats;
(B) through common action, the established
democracies of North America and Europe that were
joined in NATO persevered and prevailed in the task of
ensuring the survival of democratic government in
Europe and North America throughout the Cold War;
(C) NATO enhances the security of the United States
by embedding European states in a process of
cooperative security planning and by ensuring an
ongoing and direct leadership role for the United
States in European security affairs;
(D) the responsibility and financial burden of
defending the democracies of Europe and North America
can be more equitably shared through an alliance in
which specific obligations and force goals are met by
its members;
(E) the security and prosperity of the United States
is enhanced by NATO's collective defense against
aggression that may threaten the security of NATO
members; and
(F) United States membership in NATO remains a vital
national security interest of the United States.
(2) Strategic Rationale for NATO Enlargement.--The Senate
finds that--
(A) the United States and its NATO allies face
continued threats to their stability and territorial
integrity;
(B) an attack against Montenegro, or its
destabilization arising from external subversion, would
threaten the stability of Europe and jeopardize United
States national security interests;
(C) Montenegro, having established a democratic
government and having demonstrated a willingness to
meet the requirements of membership, including those
necessary to contribute to the defense of all NATO
members, is in a position to further the principles of
the North Atlantic Treaty and to contribute to the
security of the North Atlantic area; and
(D) extending NATO membership to Montenegro will
strengthen NATO, enhance stability in Southeast Europe,
and advance the interests of the United States and its
NATO allies.
(3) Support for NATO'S Open Door Policy.--The policy of the
United States is to support NATO's Open Door Policy that allows
any European country to express its desire to join NATO and
demonstrate its ability to meet the obligations of NATO
membership.
(4) Future Consideration of Candidates for Membership in
NATO.--
(A) Senate finding.--The Senate finds that the United
States will not support the accession to the North
Atlantic Treaty of, or the invitation to begin
accession talks with, any European state (other than
Montenegro), unless--
(i) the President consults with the Senate
consistent with Article II, section 2, clause 2
of the Constitution of the United States
(relating to the advice and consent of the
Senate to the making of treaties); and
(ii) the prospective NATO member can fulfill
all of the obligations and responsibilities of
membership, and the inclusion of such state in
NATO would serve the overall political and
strategic interests of NATO and the United
States.
(B) Requirement for consensus and ratification.--The
Senate declares that no action or agreement other than
a consensus decision by the full membership of NATO,
approved by the national procedures of each NATO
member, including, in the case of the United States,
the requirements of Article II, section 2, clause 2 of
the Constitution of the United States (relating to the
advice and consent of the Senate to the making of
treaties), will constitute a commitment to collective
defense and consultations pursuant to Articles 4 and 5
of the North Atlantic Treaty.
(5) Influence of Non-NATO Members on NATO Decisions.--The
Senate declares that any country that is not a member of NATO
shall have no impact on decisions related to NATO enlargement.
(6) Support for 2014 Wales Summit Defense Spending
Benchmark.--The Senate declares that all NATO members should
continue to move towards the guideline outlined in the 2014
Wales Summit Declaration to spend a minimum of 2 percent of
their Gross Domestic Product (GDP) on defense and 20 percent of
their defense budgets on major equipment, including research
and development, by 2024.
(7) Support for Montenegro's Democratic Reform Process.--
Montenegro has made difficult reforms and taken steps to
address corruption. The United States and other NATO member
states should not consider this important process complete and
should continue to urge additional reforms.
SEC. 3. CONDITIONS.
The advice and consent of the Senate under section 1 is
subject to the following conditions:
(1) Presidential Certification.--Prior to the deposit of
the instrument of ratification, the President shall certify to
the Senate as follows:
(A) The inclusion of Montenegro in NATO will not have
the effect of increasing the overall percentage share
of the United States in the common budgets of NATO.
(B) The inclusion of Montenegro in NATO does not
detract from the ability of the United States to meet
or to fund its military requirements outside the North
Atlantic area.
(2) Annual Report on NATO Member Defense Spending.--Not
later than December 1 of each year during the 8-year period
following the date of entry into force of the Protocol to the
North Atlantic Treaty of 1949 on the Accession of Montenegro,
the President shall submit to the appropriate congressional
committees a report, which shall be submitted in an
unclassified form, but may be accompanied by a classified
annex, and which shall contain the following information:
(A) The amount each NATO member spent on its national
defense in each of the previous 5 years.
(B) The percentage of GDP for each of the previous 5
years that each NATO member spent on its national
defense.
(C) The percentage of national defense spending for
each of the previous 5 years that each NATO member
spent on major equipment, including research and
development.
(D) Details on the actions a NATO member has taken in
the most recent year reported to move closer towards
the NATO guideline outlined in the 2014 Wales Summit
Declaration to spend a minimum of 2 percent of its GDP
on national defense and 20 percent of its national
defense budget on major equipment, including research
and development, if a NATO member is below either
guideline for the most recent year reported.
SEC. 4. DEFINITIONS.
In this resolution:
(1) Appropriate Congressional Committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations and the Committee on Armed Services of the
Senate and the Committee on Foreign Affairs and the Committee
on Armed Services of the House of Representatives.
(2) NATO Members.--The term ``NATO members'' means all
countries that are parties to the North Atlantic Treaty.
(3) Non-NATO Members.--The term ``non-NATO members'' means
all countries that are not parties to the North Atlantic
Treaty.
(4) North Atlantic Area.--The term ``North Atlantic area''
means the area covered by Article 6 of the North Atlantic
Treaty, as applied by the North Atlantic Council.
(5) North Atlantic Treaty.--The term ``North Atlantic
Treaty'' means the North Atlantic Treaty, signed at Washington
April 4, 1949 (63 Stat. 2241; TIAS 1964), as amended.
(6) United States Instrument of Ratification.--The term
``United States instrument of ratification'' means the
instrument of ratification of the United States of the Protocol
to the North Atlantic Treaty of 1949 on the Accession of
Montenegro.
[all]