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                                                                Order Code RS21240
                                                                Updated  May 2, 2003



 CRS Report for Congress

              Received through the CRS Web



      NATO Enlargement: Senate Advice and

                              Consent

                           David M. Ackerman
                           Legislative Attorney
                         American   Law Division

Summary


     The Senate is expected to vote on the resolution for NATO enlargement sometime
 in early to mid-May. The enlargement of the North Atlantic Treaty Organization
 (NATO)  in 1998 to include Poland, Hungary, and the Czech Republic, and the
 invitations extended at the NATO summit in November, 2002, to seven additional states
 have raised questions about whether Senate advice and consent is necessary when new
 states join NATO. This report describes the process that has been used in previous
 enlargements - Greece and Turkey (1952), the Federal Republic of Germany (1955),
 Spain (1982), and Poland, Hungary, and the Czech Republic (1998) - and finds that
 Senate advice and consent has been sought and given in every instance. The report also
 discusses the reunification of Germany in 1990. For more on NATO applicants, see
 CRS Report RL30168. This report will be updated as needed.

    The  North Atlantic Treaty. The North Atlantic Treaty entered into force in
1949.1 Article 10 of the Treaty provides that [t]he Parties may, by unanimous agreement,
invite any other European state in a position to further the principles of this Treaty and to
contribute to the security of the North Atlantic area to accede to this Treaty. Article 10
further provides that [a]ny state so invited may become a party to the Treaty by
depositing its instrument of accession with the Government of the United States of
America. The Treaty does not specifically mandate the procedures that each member
state should follow with respect to such accessions, but Article 11 does provide that
[t]his Treaty shall be ratified and its provisions carried out by the Parties in accordance
with their respective constitutional processes.

    The report of the Senate Committee on Foreign Relations on the proposed NATO
treaty in 1949 commented specifically on the Senate's role with respect to the admission
of new members to NATO, as follows:




63  Stat. 2241 (1949); TIAS 1964; 4 Bevans 828.


       Congressional  Research  Service +  The Library of Congress

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