69–115 

110TH CONGRESS EXEC. REPT. " ! SENATE 2d Session 110–27 

PROTOCOLS TO THE NORTH ATLANTIC TREATY OF 1949 

ON THE ACCESSION OF ALBANIA AND CROATIA 

SEPTEMBER 23, 2008.—Ordered to be printed 

Mr. DODD, from the Committee on Foreign Relations, 

submitted the following 

R E P O R T 

[To accompany Treaty Doc. 110–20] 

The Committee on Foreign Relations, to which were referred the 

Protocols to the North Atlantic Treaty of 1949 on the Accession of 

the Republic of Albania and the Republic of Croatia, adopted at 

Brussels on July 9, 2008, and signed that day on behalf of the 

United States of America, having considered the same, reports favorably thereon subject to one declaration and one condition for 

each Protocol, as indicated in the resolutions of advice and consent 

for each treaty, and recommends the Senate give its advice and 

consent to ratification thereof, as set forth in this report and the 

accompanying resolutions of advice and consent. 

CONTENTS 

Page 

I. Purpose ........................................................................................................... 1 

II. Background .................................................................................................... 2 

III. Qualifications of Albania and Croatia for NATO Membership .................. 2 

IV. Entry Into Force ............................................................................................ 4 

V. Committee Action .......................................................................................... 4 

VI. Committee Recommendation and Comments .............................................. 4 

VII. Resolutions of Advice and Consent to Ratification ..................................... 6 

I. PURPOSE

These Protocols are a vehicle for inviting the Republic of Albania 

and the Republic of Croatia 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. 

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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 five times: in 1952, Greece 

and Turkey became members; in 1955, West Germany; in 1982, 

Spain; in 1999, Poland, Hungary and the Czech Republic; and in 

2004, Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and 

Slovenia. 

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 two 

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. Albania and Croatia have attempted to address these issues in the course of their NATO membership applications and the committee has examined them using 

the so-called ‘‘Perry Principles.’’ 

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. 

III. QUALIFICATIONS OF ALBANIA AND CROATIA

FOR NATO MEMBERSHIP

The Republic of Albania 

The Albanian population overwhelmingly supports NATO membership and their government has made it a centerpiece of its foreign policy. Albania’s progress in meeting NATO standards is remarkable given its isolated and underdeveloped situation following 

the death of dictator Enver Hoxha in 1985. 

Albania is a parliamentary democracy under a ten-year-old constitution. Albania’s greatest challenge in meeting membership 

standards involved its political reform process. In July 2005, the 

Democratic Party’s victory in parliamentary elections led to a 

peaceful transfer of power. The presidential election in July 2007 

built on the success of two years earlier. The Albanian government 

has made strides fighting organized crime and human trafficking. 

There have also been efforts to reform the judiciary and fight corruption. Corruption is a fairly serious problem; Transparency International’s annual index rated Albania the 105th most transparent 

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country out of 180 in 2007. Freedom House also noted that ‘‘Although corruption pervades all areas of life, the government appears to be making some efforts to address the problem.’’ 

Albania suffered from massive outflows of labor migration, but 

an improving economy has curtailed emigration. In 2007, Albania’s 

GDP grew by 6 percent and inflation remains low. The telephone 

company has been privatized and an insurance company and the 

energy sector are in the process of privatization. Economic stability 

has led to development of Albania’s nascent oil extraction industry. 

Infrastructure is poor and requires investment. The Albanians 

have increased trade significantly and are beginning to attract foreign direct investment. 

Protection of minority rights has increased, particularly for the 

Greek minority, who have no restrictions on their language and 

culture, but problems remain for the country’s Roma and Egyptian 

minorities. An Albanian civil society does exist free of government 

control, but such freedom requires time to fully develop. 

Albania has forsaken any irredentist claims on neighboring countries with ethnic Albanian regions. They have used their ethnic ties 

to Kosovo to promote moderation there. The Albanian military is 

accountable to the democratically elected government. Albania used 

international assistance to restructure its armed forces as a smaller and professional force. Albania has joined ongoing NATO operations enthusiastically. According to Assistant Secretary of State 

Daniel Fried in his testimony before this committee on March 11, 

2008, ‘‘Albania is the single greatest per-capita contributor to 

NATO and Coalition operations in Afghanistan and Iraq and elsewhere.’’ The country has hosted a logistics support center to facilitate NATO peacekeeping in Kosovo. Albania’s capital now hosts a 

regional military command—NATO HQ Tirana. The Albanian government has committed to spending 2 percent of its GDP on defense, consistent with NATO recommendations. NATO and the 

member states have helped Albania cope with its stockpiles of dangerous ordnance and landmines which remain a serious problem. 

The Republic of Croatia 

Croatia is a stable parliamentary democracy possessing strong 

institutions. There have been successive successful democratic elections. Corruption remains an issue of concern as Transparency 

International’s annual index rated Croatia the 64th most transparent country out of 180 in 2007, low by European standards, but 

much better than their eastern neighbors. 

Croatia’s candidacy for membership in the European Union testifies to the strength of its economic and social reforms. The European Union is its closest trading partner and the Croatian economy 

is closely linked to that of the EU. 

Croatia has good relations with its neighbors. The Croatian government has played a positive role in Kosovo and has promoted 

stability in Bosnia. Croatia’s election as a non-permanent member 

of the UN Security Council has enhanced its prestige. 

The Croatian military is accountable to the democratically elected government. Croatia has been an avid participant in NATO 

since 2000 when it joined the Partnership for Peace. Croatia is an 

active participant in NATO exercises and operations; it is the lead 

nation in the NATO Trust Fund for Bosnia and Herzegovina. CroVerDate Aug 31 2005 07:43 Sep 24, 2008 Jkt 000000 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 H:\DOCS\REPORT~3\EX110-27.TXT sfrela2 PsN: MIKEB
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atia has about 300 troops in Afghanistan and trains Afghan military and police units. Croatia has completed most of the restructuring required to bring its forces up to NATO standards. It has 

developed a ‘‘long-term development plan’’ in consultation with 

NATO. The Croatian government has committed to spending 2 percent of its GDP on defense, consistent with NATO recommendations. Concerns about public support for NATO membership have 

dissipated. 

Croatia still has not addressed the problem of property restitution. The country’s current legal framework discriminates against 

current non-Croatian citizens whose property was seized during the 

Second World War and during the communist era. Beyond this, judicial reform in general is an area in need of further reform. Croatia also has to cope with the legacy of war, including providing 

adequate housing for returning refugees. Significant numbers of 

ethnic Serbs have returned to Croatia and while problems remain, 

this is a major achievement. 

IV. ENTRY INTO FORCE

Each 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 each Protocol. Once each Protocol has entered into force, the Secretary General of NATO shall 

extend an invitation to the named state to accede to the North Atlantic Treaty and in accordance with Article 10 of the Treaty, that 

state 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 NATO enlargement on 

March 11, 2008, and testimony was received from Mr. Daniel 

Fried, Assistant Secretary for European Affairs at the Department 

of State; General John Craddock, U.S. European Command and Supreme Allied Commander; Dr. Ronald D. Asmus, Executive Director Transatlantic Center; Dr. Philip H. Gordon, Senior Fellow for 

U.S. Foreign Policy; and Mr. Bruce Jackson, President of the 

Project on Transitional Democracies. A transcript of this hearing is 

forthcoming in S. Hrg. 110–506. 

The committee held a public hearing specifically on these protocols on September 10, 2008. Testimony was received from Assistant 

Secretary Fried and Mr. Daniel P. Fata, Deputy Assistant Secretary for European and NATO Policy at the Department of Defense. A transcript of this hearing is forthcoming in S. Hrg. 110– 

507. 

On September 23, 2008, the committee considered these treaties 

and ordered them favorably reported by voice vote, with a quorum 

present and without objection. 

VI. COMMITTEE RECOMMENDATION AND COMMENTS

The Committee on Foreign Relations believes that these two 

countries have the potential to make significant contributions as 

members of the alliance. They have already demonstrated this poVerDate Aug 31 2005 07:43 Sep 24, 2008 Jkt 000000 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 H:\DOCS\REPORT~3\EX110-27.TXT sfrela2 PsN: MIKEB
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tential through their valuable participation in recent years in 

NATO combat and peacekeeping operations as part of their Membership Action Plans. The admission of Albania and Croatia to the 

alliance will have a stabilizing effect on Southeastern Europe. 

Their membership will encourage the spread of peace and democracy in the region and their willingness to contribute to ongoing 

NATO operations will augment NATO’s resources. 

Both countries have demonstrated their willingness and ability 

to contribute to regional security by participation in peacekeeping 

operations. As NATO’s obligations expand, it is important to leave 

the door open to countries willing to shoulder the responsibilities 

of membership. 

Albania and Croatia are located in a region of Europe scarred by 

recent conflicts. One of NATO’s greatest accomplishments has been 

building security and democracy in the Balkans; Albania’s and Croatia’s membership will represent a consolidation of that process. 

It will take some time for both countries to consolidate the political and economic gains they have made during the past decade. 

Both countries still need to make greater efforts against corruption 

and to increase official accountability. Albania’s political and economic development has not progressed as far as Croatia’s. The 

committee believes, however, that Albania’s commitment to NATO 

membership is strong and that its addition to the alliance is warranted. 

NATO stands ready to welcome the nations of South-Eastern Europe into the Euro-Atlantic community. In the Bucharest Summit 

Declaration, Bosnia and Herzegovina and Montenegro were invited 

to begin an Intensified Dialogue on ‘‘the full range of political, military, financial, and security issues relating to their aspirations to 

membership.’’ Having Albania and Croatia within the alliance will 

enhance that dialogue. Accordingly, the committee urges the Senate to act promptly to give advice and consent to ratification of 

these two Protocols of Accession, as set forth in this report and the 

accompanying resolution of advice and consent. 

Resolutions 

The committee has included in proposed resolutions for each Protocol one declaration and one condition, which are discussed below. 

Declaration 

The committee has included the same declaration in the proposed resolution for each Protocol, which makes clear that it is important for NATO to keep its door open to all European democracies willing and able to assume the responsibilities and obligations of membership. As noted above, it is important to welcome 

new democracies into NATO, particularly as NATO expands its 

commitments. 

Condition 

The committee has included the same condition in the proposed 

resolution for each Protocol, which requires the President to certify, 

prior to the deposit of the instrument of ratification for each Protocol, that (1) the inclusion of Albania and Croatia in NATO will 

not have the effect of increasing the overall percentage share of the 

United States in the common budget of NATO; and (2) the incluVerDate Aug 31 2005 07:43 Sep 24, 2008 Jkt 000000 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 H:\DOCS\REPORT~3\EX110-27.TXT sfrela2 PsN: MIKEB
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sion of Albania and Croatia in NATO will not detract from the ability of the United States to meet or to fund its military requirements outside the North Atlantic area. 

The administration has indicated in reports to Congress that the 

addition of these two new allies would lower NATO’s common 

budget assessment for the United States, even taking into account 

the costs of enlargement. Based on both countries’ Gross National 

Income (GNI), Albania will pay 0.0685 percent and Croatia will pay 

0.25550 percent of the common budget annually. This will reduce 

the United States share of the annual budget assessment by .08 

percent. The estimated cost of enlargement is $120 million for Albania and Croatia, or $60 million apiece. This money will be found 

within the budget by reprogramming money from other projects 

within the NATO budget. Much of the $120 million will be expended over a ten year period for construction of infrastructure improvements at facilities that will be used by NATO personnel. The 

remaining money will be spent establishing secure communications 

between the two new Members and the alliance. 

The Government Accountability Office (GAO) reviewed the President’s report to Congress on Albania and Croatia of June 20, 2008 

in a report dated September 22, 2008. The report found that ‘‘the 

June 2008 classified and unclassified reports provide little information concerning Albania’s and Croatia’s ability to meet the full 

range of financial burdens of NATO membership and do not identify the methodology used to support the conclusions that Albania 

and Croatia should be able to meet their financial obligations.’’ 

Given that their financial contribution to NATO would be reasonably modest, it seems unlikely to create a problem for either country. Nevertheless, the committee agrees with the GAO’s conclusion 

and expects the Executive to obtain further information, as appropriate, before certifying that the inclusion of Albania and Croatia 

in NATO will not have the effect of increasing the overall percentage share of the United States in the common budget of NATO. 

The administration’s Report to Congress on the Future Enlargement of NATO, dated May 30, 2008, notes that the United States 

is confident that the accession of Albania and Croatia will have a 

positive impact on the Alliance. It does not address whether the addition of these countries to NATO will ‘‘detract from the ability of 

the United States to meet or to fund its military requirements outside the North Atlantic area.’’ The committee expects the President 

to address this question in his certification. 

VII. RESOLUTIONS OF ADVICE AND CONSENT TO RATIFICATION

PROTOCOL TO THE NORTH ATLANTIC TREATY OF 1949 ON THE

ACCESSION OF THE REPUBLIC OF ALBANIA

Resolved (two-thirds of the Senators present concurring therein), 

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION AND A CONDITION. 

The Senate advises and consents to the ratification of the Protocol to the North Atlantic Treaty of 1949 on the Accession of the 

Republic of Albania, adopted at Brussels on July 9, 2008, and 

signed that day on behalf of the United States of America (the 

‘‘Protocol’’) (Treaty Doc. 110–20), subject to the declaration of section 2 and the condition of section 3. 

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SECTION 2. DECLARATION 

The advice and consent of the Senate under section 1 is subject 

to the following declaration: 

(a) Article 10 of the North Atlantic Treaty provides that Parties may, by unanimous agreement, invite any other European 

State in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area to accede to the North Atlantic Treaty, and thus become a member of the North Atlantic Treaty Organization 

(‘‘NATO’’). 

(b) The Bucharest Summit Declaration, issued by the Heads 

of States and Governments participating in the meeting of the 

North Atlantic Council in Bucharest on April 3, 2008, states 

that NATO welcomes Ukraine’s and Georgia’s Euro-Atlantic 

aspirations for membership in NATO. The Bucharest Summit 

Declaration additionally states that it was ‘‘agreed today that 

these countries will become members of NATO.’’ 

(c) The Senate declares that it is important that NATO keep 

its door open to all European democracies willing and able to 

assume the responsibilities and obligations of membership. 

SECTION 3. CONDITION 

The advice and consent of the Senate under section 1 is subject 

to the following condition: 

Presidential Certification 

Prior to the deposit of the instrument of ratification, the President shall certify to the Senate as follows: 

1. The inclusion of the Republic of Albania in NATO will not 

have the effect of increasing the overall percentage share of the 

United States in the common budgets of NATO; and 

2. The inclusion of the Republic of Albania 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. 

PROTOCOL TO THE NORTH ATLANTIC TREATY OF 1949 ON THE

ACCESSION OF THE REPUBLIC OF CROATIA

Resolved (two-thirds of the Senators present concurring therein), 

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION AND A CONDITION. 

The Senate advises and consents to the ratification of the Protocol to the North Atlantic Treaty of 1949 on the Accession of the 

Republic of Croatia, adopted at Brussels on July 9, 2008, and 

signed that day on behalf of the United States of America (the 

‘‘Protocol’’) (Treaty Doc. 110–20), subject to the declaration of section 2 and the condition of section 3. 

SECTION 2. DECLARATION 

The advice and consent of the Senate under section 1 is subject 

to the following declaration: 

(a) Article 10 of the North Atlantic Treaty provides that Parties may, by unanimous agreement, invite any other European 

State in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area to accede to the North Atlantic Treaty, and thus beVerDate Aug 31 2005 07:43 Sep 24, 2008 Jkt 000000 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 H:\DOCS\REPORT~3\EX110-27.TXT sfrela2 PsN: MIKEB
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come a member of the North Atlantic Treaty Organization 

(‘‘NATO’’). 

(b) The Bucharest Summit Declaration, issued by the Heads 

of States and Governments participating in the meeting of the 

North Atlantic Council in Bucharest on April 3, 2008, states 

that NATO welcomes Ukraine’s and Georgia’s Euro-Atlantic 

aspirations for membership in NATO. The Bucharest Summit 

Declaration additionally states that it was ‘‘agreed today that 

these countries will become members of NATO.’’ 

(c) The Senate declares that it is important that NATO keep 

its door open to all European democracies willing and able to 

assume the responsibilities and obligations of membership. 

SECTION 3. CONDITION 

The advice and consent of the Senate under section 1 is subject 

to the following condition: 

Presidential Certification 

Prior to the deposit of the instrument of ratification, the President shall certify to the Senate as follows: 

1. The inclusion of the Republic of Croatia in NATO will not 

have the effect of increasing the overall percentage share of the 

United States in the common budgets of NATO; and 

2. The inclusion of the Republic of Croatia 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. 

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