[106] TreatyRes. 16 for Treaty Doc.105

id,congress,number,title,topic,transmitted_date,in_force_date,countries,index_terms,resolution_text 105-58,105,58,"TREATY WITH GUATEMALA FOR RETURN OF STOLEN, ROBBED, EMBEZZLED OR APPROPRIATED VEHICLES AND AIRCRAFT",Extradition and Criminal Assistance,1998-08-31T00:00:00Z,,Guatemala,"105-58, Extradition, S.Ex.Rept. 106-22","[106] TreatyRes. 16 for Treaty Doc.105 - 58

As approved by the Committee on Foreign Relations:

Resolved, (two thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Treaty Between the Government of the United States of America and the Government of the Republic of Guatemala for the Return of Stolen, Robbed, Embezzled or Appropriated Vehicles and Aircraft, with Annexes and a Related Exchange of Notes, signed at Guatemala City on October 6, 1997 (Treaty Doc. 105-58), subject to the declaration of subsection (a) and the proviso of subsection (b).

(a) Declaration.–The Senate's advice and consent is subject to the following declaration, which shall be binding upon the President:

Treaty Interpretation.–The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997.

(b) Proviso.– The resolution of ratification is subject to the following proviso, which shall not be included in the instrument of ratification to be signed by the President:

Supremacy of the Constitution.– Nothing in this Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-55,105,55,TAX CONVENTION WITH ESTONIA,Taxation,1998-06-26T00:00:00Z,,Estonia,"105-55, ESTONIA, T.DOC. 105-55, TAXATION", 105-56,105,56,TAX CONVENTION WITH LITHUANIA,Taxation,1998-06-26T00:00:00Z,,Lithuania,"105-56, LITHUANIA, T. DOC. 105-56, TAXATION","[109] TreatyRes. 13 for Treaty Doc.105 - 56

As approved:

Resolved, (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Convention between the Government of the United States of America and the Government of the Republic of

Lithuania for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income,

signed at Washington on January 15, 1998 (Treaty Doc. 105-56), subject to the declaration of subsection (a) and the proviso of subsection (b).

(a) Declaration.--The Senate's advice and consent is subject to the following declaration, which shall be binding on

the President:

(1) Treaty interpretation.--The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997.

(b) Proviso.--The resolution of ratification is subject to the following proviso, which shall be binding on the President:

(1) Supremacy of constitution.--Nothing in the Convention requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-57,105,57,Tax Convention with Latvia,Taxation,1998-06-26T00:00:00Z,,Latvia,"105-57, LATVIA, T.DOC. 105-57, TAXATION", 105-53,105,53,Treaty with Niue on Delimitation of a Maritime Boundary,Maritime Boundaries and Claims,1998-06-23T00:00:00Z,,Niue,"105-53, MARITIME BOUNDARY, NIUE, T.DOC. 105-53","[107] TreatyRes. 9 for Treaty Doc.105 - 53

As approved TEXT OF COMMITTEE_RECOMMENDED RESOLUTION OF ADVISE AND CONSENT:

Resolved (two_thirds of the Senators present concurring therein),

That the Senate advise and consent to the ratification of the Treaty Between the Government

of the United States of America and the Government of Niue on the Delimitation of a Maritime

Boundary, signed in Wellington on May 13, 1997 (Treaty Doc. 105_53).

" 105-54,105,54,TREATY WITH BELIZE FOR RETURN OF STOLEN VEHICLES,Extradition and Criminal Assistance,1998-06-23T00:00:00Z,,Belize,"105-54, BELIZE, STOLEN VEHICLES, T.DOC. 105-54","[106] TreatyRes. 11 for Treaty Doc.105 - 54

As approved by the Committee on Foreign Relations:

Resolved, (two thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Treaty Between the Government of the United States of America and the Government of Belize for the Return of Stolen Vehicles, with Annexes and Protocol, signed at Belmopan on October 3, 1996 (Treaty Doc. 105-54), subject to the declaration of subsection (a) and the proviso of subsection (b).

(a) Declaration.–The Senate's advice and consent is subject to the following declaration, which shall be binding upon the President:

(b) Proviso.– The resolution of ratification is subject to the following proviso, which shall not be included in the instrument of ratification to be signed by the President:

" 105-52,105,52,TREATY WITH ESTONIA ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS,Extradition and Criminal Assistance,1998-06-19T00:00:00Z,,Estonia,"105-52, ESTONIA, MUTUAL LEGAL ASSISTANCE, T.DOC. 105-52","[105] TreatyRes. 40 for Treaty Doc.105 - 52

as passed by the Senate on October 21, 1998. Congressional Record: November 12, 1998 (Senate) Page S12990-S12991 The text of this resolution is available via GPO ACCESS in <A HREF=""http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=1998_record&docid=cr12no98-91"">TEXT</A >format.

" 105-50,105,50,Extradition Treaty With Austria,Extradition and Criminal Assistance,1998-06-11T00:00:00Z,,Austria,"105-50, AUSTRIA, EXTRADITION TREATY, T.DOC.105-50","[105] TreatyRes. 35 for Treaty Doc.105 - 50

as passed by the Senate on October 21, 1998. Congressional Record: November 12, 1998 (Senate) Page S12994 The text of this resolution is available via GPO ACCESS in <A HREF=""http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=1998_record&docid=cr12no98-91"">TEXT</A >format.

" 105-51,105,51,Convention On Protection of Children and Co-operation In Respect of Intercountry Adoption,Human Rights,1998-06-11T00:00:00Z,,Vietnam,"105-51, ADOPTION, CHILDREN, CONVENTION ON PROTECTION OF CHILDREN, INTERCOUNTRY ADOPTION, T.DOC.105-51, MAY 29, 1993","

As approved by a division vote of the Senate:

Resolved, (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, adopted and opened for signature at the conclusion of the seventeenth session of the Hague Conference on Private International Law on May 29, 1993 (Treaty Doc. 105-51) (hereinafter, ""The Convention""), subject to the declarations of subsection (a) and subsection (b).

(a) DECLARATIONS.-The Senate's advice and consent is subject to the following declarations, which shall be included in the instrument of ratification:

(1) NON-SELF EXECUTING CONVENTION.-The United States declares that the provisions of Articles 1 through 39 of the Convention are not self-executing.

(2) PERFORMANCE OF REQUIRED FUNCTIONS.-The United States declares, pursuant to Article 22(2), that in the United States the Central Authority functions under Articles 15-21 may also be performed by bodies or persons meeting the requirements of Articles 22(2)(a) and (b). Such bodies or persons will be subject to federal law and regulations implementing the Convention as well as state licensing and other laws and regulations applicable to providers of adoption services. The performance of Central Authority functions by such approved adoption service providers would be subject to the supervision of the competent federal and state authorities in the United States.

(b) DECLARATIONS.-The Senate's advice and consent is subject to the following declarations, which shall be binding on the President:

(1) DEPOSIT OF INSTRUMENT.-The President shall not deposit the instrument of ratification for the Convention until such time as the federal law implementing the Convention is enacted and the United States is able to carry out all the obligations of the Convention, as required by its implementing legislation.

(2) TREATY INTERPRETATION.-The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997.

(3) SUPREMACY OF THE CONSTITUTION.-Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

(4) REJECTION OF NO RESERVATIONS PROVISION.-It is the Sense of the Senate that the ""no reservations"" provision contained in Article 40 of the Convention has the effect of inhibiting the Senate from exercising its constitutional duty to give advice and consent to a treaty, and the Senate's approval of this Convention should not be construed as a precedent for acquiescence to future treaties containing such a provision.

" 105-49,105,49,"Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (the ''Convention''), adopted at the Special Session of the General Assembly of the Organization of American States (OAS) at Washington on November 13, 1997. The Convention was signed by the United States and 28 other OAS Member States on November 14, 1997, at the OAS Headquarters in Washington.",Extradition and Criminal Assistance,1998-06-09T00:00:00Z,,Venezuela,"105-49, INTER-AMERICAN CONVENTION, T.DOC. 105-49, AMMUNITION, EXPLOSIVES, FIREARMS, ILLICIT MANUFACTURING, INTER-AMERICAN, TRAFFICKING", 105-47,105,47,TREATY WITH CZECH REPUBLIC ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS,Extradition and Criminal Assistance,1998-05-22T00:00:00Z,1998-05-22T00:00:00Z,Czech Republic,105-47,"[105] TreatyRes. 34 for Treaty Doc.105 - 47

as passed by the Senate on October 21, 1998. Congressional Record: November 12, 1998 (Senate) Page S12990 The text of this resolution is available via GPO ACCESS in <A HREF=""http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=1998_record&docid=cr12no98-91"">TEXT</A >format.

" 105-48,105,48,INTER-AMERICAN CONVENTION ON SEA TURTLES,Fisheries and Wildlife,1998-05-22T00:00:00Z,1998-05-22T00:00:00Z,,105-48,"[106] TreatyRes. 7 for Treaty Doc.105 - 48

As approved by a division vote of the Senate:

Resolved, (two thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Inter-American Convention for the Protection and Conservation of Sea Turtles, With Annexes, done at Caracas, Venezuela, on December 1, 1996 (Treaty Doc. 105-48), which was signed by the United States, subject to ratification, on December 13, 1996, referred to in this resolution of ratification as ""The Convention,"" subject to the understandings of subsection (a), the declarations of subsection (b) and the provisos of subsection (c).

(a) Understandings.--The advice and consent of the Senate is subject to the following understandings, which shall be included in the instrument of ratification of the Convention and shall be binding on the President:

(1) ARTICLE VI (""Secretariat"").–- The United States understands that no permanent secretariat is established by this Convention, and that nothing in the Convention obligates the United States to appropriate funds for the purpose of establishing a permanent secretariat now or in the future.

(2) ARTICLE XII (""International Cooperation"").-- The United States understands that, upon entry into force of this Convention for the United States, the United States will have no binding obligation under the Convention to provide additional funding or technical assistance for any of the measures listed in Article XII.

(3) ARTICLE XIII (""Financial Resources"").-- Bearing in mind the provisions of paragraph (7), the United States understands that establishment of a ""special fund,"" as described in this Article, imposes no obligation on Parties to participate or contribute to the fund.

(b) Declarations.– The advice and consent of the Senate is subject to the following declarations:

(1) ""NO RESERVATIONS"" CLAUSE.- Concerning Article XXIII, it is the sense of the Senate that this ""no reservations"" provision has the effect of inhibiting the Senate in its exercise of its constitutional duty to give advice and consent to ratification of a treaty, and the Senate's approval of these treaties should not be construed as a precedent for acquiescence to future treaties containing such provisions.

(2) TREATY INTERPRETATION.- The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the State Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997.

(3) NEW LEGISLATION.- Existing federal legislation provides sufficient legislative authority to implement United States obligations under the Convention. Accordingly, no new legislation is necessary in order for the United States to implement the Convention. Because all species of sea turtles occurring in the Western Hemisphere are listed as endangered or threatened under the Endangered Species Act of 1973, as amended (Title 16, United States Code, Section 1536 et seq.), said Act will serve as the basic authority for implementation of United States obligations under the Convention.

(4) ARTICLES IX AND X (""Monitoring Programs,""""Compliance"").-- The United States understands that nothing in the Convention precludes the boarding, inspection or arrest by United States authorities of any vessel which is found within United States territory or maritime areas with respect to which it exercises sovereignty, sovereign rights or jurisdiction, for purposes consistent with Articles IX and X of this Convention.

(5) It is the sense of the Senate that the entry into force and implementation of this Convention in the United States should not interfere with the right of waterfront property owners, public or private, to use or alienate their property as they see fit consistent with pre-existing domestic law.

(c) Provisos.-- The advice and consent of the Senate is subject to the following provisos:

(1) REPORT TO CONGRESS.- The Secretary of State shall provide to the Committee on Foreign Relations of the Senate a copy of each annual report prepared by the United States in accordance with Article XI of the Convention. The Secretary shall include for the Committee's information a list of ""traditional communities"" exceptions which may have been declared by any party to the Convention.

(2) Supremacy of the Constitution.__Nothing in the Convention requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-46,105,46,PROTOCOL TO EXTRADITION TREATY WITH MEXICO,Extradition and Criminal Assistance,1998-05-21T00:00:00Z,,Mexico,"105-46, EXTRADITION, MEXICO, PROTOCOL TO EXTRADITION TREATY WITH MEXICO, T.DOC. 105-46","[105] TreatyRes. 33 for Treaty Doc.105 - 46

" 105-45,105,45,ILO CONVENTION (NO. 111) CONCERNING DISCRIMINATION (EMPLOYMENT AND OCCUPATION),Human Rights,1998-05-18T00:00:00Z,,,"105-45, CONVENTION (NO. 111), DISCRIMINATION, EMPLOYMENT, EMPLOYMENT AND OCCUPATION, ILO, ILO CONVENTION, ILO CONVENTION NO. 111, T.DOC.105-45", 105-44,105,44,TREATY WITH ST. VINCENT AND THE GRENADINES ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS,Extradition and Criminal Assistance,1998-05-13T00:00:00Z,,Saint Vincent and the Grenadines,"105-44, MUTUAL LEGAL ASSISTANCE, ST. VINCENT, T.DOC. 105-44, THE GRENADINES","[105] TreatyRes. 32 for Treaty Doc.105 - 44

" 105-43,105,43,CONVENTION ON COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS TRANSACTIONS,Extradition and Criminal Assistance,1998-05-01T00:00:00Z,,Turkey,"105-43, BRIBERY, CONVENTION ON BRIBERY, FOREIGN PUBLIC OFFICIALS, INTERNATIONAL BUSINESS TRANSACTIONS, T.DOC. 105-43","[105] TreatyRes. 41 for Treaty Doc.105 - 43

TEXT OF RESOLUTION OF ADVICE AND CONSENT TO RATIFICATION: as passed by the Senate on July 31, 1998. Congressional Record: July 31, 1998 (Senate) Page S9668-S9669 The text of this resolution is available via GPO ACCESS in <A HREF=""http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=1998_record&docid=cr31jy98-238"">TEXT</A> format.

" 105-42,105,42,TREATY WITH BRAZIL ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS,Extradition and Criminal Assistance,1998-04-28T00:00:00Z,,Brazil,"105-42, BRAZIL, MUTUAL LEGAL ASSISTANCE WITH BRAZIL, T.DOC. 105-42","[105] TreatyRes. 43 for Treaty Doc.105 - 42

as passed by the Senate on October 21, 1998. Congressional Record: November 12, 1998 (Senate) Page S12989-S12990 The text of this resolution is available via GPO ACCESS in <A HREF=""http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=1998_record&docid=cr12no98-91"">TEXT</A >format.

" 105-41,105,41,TREATY WITH LITHUANIA ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MAATTERS,Extradition and Criminal Assistance,1998-04-20T00:00:00Z,,Lithuania,"105-41, LITHUANIA, MUTUAL LEGAL ASSISTANCE, T.DOC. 105-41","[105] TreatyRes. 30 for Treaty Doc.105 - 41

as passed by the Senate on October 21, 1998. Congressional Record: November 12, 1998 (Senate) Page S12989 The text of this resolution is available via GPO ACCESS in <A HREF=""http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=1998_record&docid=cr12no98-91"">TEXT</A >format.

" 105-40,105,40,TREATY WITH ISRAEL ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS,Extradition and Criminal Assistance,1998-04-02T00:00:00Z,,Israel,"105-40, CRIMINAL, ISRAEL, MUTUAL LEGAL ASSISTANCE, T.DOC. 105-40","[105] TreatyRes. 29 for Treaty Doc.105 - 40

As approved: Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Treaty Between the Government of the United States of America and the Government of the State of Israel on Mutual Legal Assistance in Criminal Matters, signed at Jerusalem on January 26, 1998, and a related exchange of notes signed the same date (Treaty Doc. 105-40), subject to the understanding of subsection (a), the declaration of subsection (b), and the provisos of subsection (c). (a) Understanding.--The Senate's advice and consent is subject to the following understanding, which shall be included in the instrument of ratification: Prohibition on Assistance to the International Criminal Court.--The United States shall exercise its rights to limit the use of assistance it provides under the Treaty so that any assistance provided by the Government of the United States shall not be transferred to or otherwise used to assist the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the treaty establishing the court has entered into force for the United States by and with the advice and consent of the Senate, as required by Article II, section 2 of the United States Constitution. (b) Declaration.--The Senate's advice and consent is subject to the following declaration, which shall be binding on the President: Treaty Interpretation.--The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997. (c) Provisos.--The resolution of ratification is subject to the following two provisos, which shall not be included in the instrument of ratification to be signed by the President: (1) Limitation on Assistance.--Pursuant to the rights of the United States under this Treaty to deny requests which prejudice its essential public policy or interest, the United States shall deny a request for assistance when the Central Authority, after consultation with all appropriate intelligence, anti-narcotic, and foreign policy agencies, has specific information that a senior government official who will have access to information to be provided under this Treaty is engaged in a felony, including the facilitation of the production or distribution of illegal drugs. (2) Supremacy of the Constitution.--Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-39,105,39,INTER-AMERICAN CONVENTION AGAINST CORRUPTION,Extradition and Criminal Assistance,1998-04-01T00:00:00Z,,Organization of American States (OAS),"105-39, CORRUPTION, INTER-AMERICAN CONVENTION, OAS, ORGANIZATION OF AMERICAN STATES, T.DOC. 105-39","[106] TreatyRes. 4 for Treaty Doc.105 - 39

As approved:

Resolved, (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Inter-American Convention Against Corruption, adopted and opened for signature at the Specialized Conference of the Organization of American States (OAS) at Caracas, Venezuela, on March 29, 1996, (Treaty Doc. 105-39); referred to in this resolution of ratification as ""The Convention"", subject to the understandings of subsection (a), the declaration of subsection (b), and the provisos of subsection (c).

(a) Understandings.__The advice and consent of the Senate is subject to the following understandings, which shall be included in the instrument of ratification of the Convention and shall be binding on the President:

(1) Application of Article I.-- The United States of America understands that the phrase ""at any level of its hierarchy"" in the first and second subparagraphs of Article I of the Convention refers, in the case of the United States, to all levels of the hierarchy of the Federal Government of the United States, and that the Convention does not impose obligations with respect to the conduct of officials other than Federal officials.

(2) Article VII (""Domestic Law"").--

(A)Article VII of the Convention sets forth an obligation to adopt legislative measures to establish as criminal offenses the acts of corruption described in Article VI(1). There is an extensive network of laws already in place in the United States that criminalize a wide range of corrupt acts. Although United States laws may not in all cases be defined in terms or elements identical to those used in the Convention, it is the understanding of the United States, with the caveat set forth in subparagraph (B), that the kinds of official corruption which are intended under the Convention to be criminalized would in fact be criminal offenses under U.S. law. Accordingly, the United States does not intend to enact new legislation to implement Article VII of the Convention.

(B) There is no general ""attempt"" statute in U.S. federal criminal law. Nevertheless, federal statutes make ""attempts"" criminal in connection with specific crimes. This is of particular relevance with respect to Article VI(1)(c) of the Convention, which by its literal terms would embrace a single preparatory act done with the requisite ""purpose"" of profiting illicitly at some future time, even though the course of conduct is neither pursued, nor in any sense consummated. The United States will not criminalize such conduct per se, although significant acts of corruption in this regard would be generally subject to prosecution in the context of one or more other crimes.

(3) Transnational Bribery.-- Current United States law provides criminal sanctions for transnational bribery. Therefore, it is the understanding of the United States of America that no additional legislation is needed for the United States to comply with the obligation imposed in Article VIII of the Convention.

(4) Illicit Enrichment.--The United States of America intends to assist and cooperate with other States Parties pursuant to paragraph 3 of Article IX of the Convention to the extent permitted by its domestic law. The United States recognizes the importance of combating improper financial gains by public officials, and has criminal statutes to deter or punish such conduct. These statutes obligate senior-level officials in the federal government to file truthful financial disclosure statements, subject to criminal penalties. They also permit prosecution of federal public officials who evade taxes on wealth that is acquired illicitly. The offense of illicit enrichment as set forth in Article IX of the Convention, however, places the burden of proof on the defendant, which is inconsistent with the United States Constitution and fundamental principles of the United States legal system. Therefore, the United States understands that it is not obligated to establish a new criminal offense of illicit enrichment under Article IX of the Convention.

(5) Extradition.__The United States of America shall not consider this Convention as the legal basis for extradition to any country with which the United States has no bilateral extradition treaty in force. In such cases where the United States does have a bilateral extradition treaty in force, that bilateral extradition treaty shall serve as the legal basis for extradition for offenses that are extraditable in accordance with this Convention.

(6) Prohibition on Assistance to the International Criminal Court.-- The United States of America shall exercise its rights to limit the use of assistance it provides under the Convention so that any assistance provided by the Government of the United States shall not be transferred to or otherwise used to assist the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the treaty establishing the Court has entered into force for the United States by and with the advice and consent of the Senate, as required by Article II, section 2 of the United States Constitution.

(b) Declaration.__The advice and consent of the Senate is subject to the following declaration:

Treaty interpretation.__The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the State Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997.

(1) Enforcement and monitoring. – Not later than April 1, 2001, and annually thereafter for five years, unless extended by an Act of Congress, the President shall submit to the Committee on Foreign Relations of the Senate, and the Speaker of the House of Representatives, a report that sets out:

(A) Ratification.-- A list of the countries that have ratified the Convention, the dates of ratification and entry into force for each country, and a detailed account of U.S. efforts to encourage other nations that are signatories to the Convention to ratify and implement it.

(B) Domestic legislation implementing the Convention AND actions to advance its object and purpose.-- A description of the domestic laws enacted by each Party to the Convention that implement commitments under the Convention and actions taken by each Party during the previous year, including domestic law enforcement measures, to advance the object and purpose of the Convention.

(C) Progress at the Organization of American States on a monitoring process.-- An assessment of progress in the Organization of American States (OAS) toward creation of an effective, transparent, and viable Convention compliance monitoring process which includes input from the private sector and non-governmental organizations.

(D) Future negotiations.-- A description of the anticipated future work of the Parties to the Convention to expand its scope and assess other areas where the Convention could be amended to decrease corrupt activities.

(2) Mutual legal assistance.__When the United States receives a request for assistance under Article XIV of the Convention from a country with which it has in force a bilateral treaty for mutual legal assistance in criminal matters, the bilateral treaty will provide the legal basis for responding to that request. In any case of assistance sought from the United States under Article XIV of the Convention, the United States shall, consistent with U.S. laws, relevant treaties and arrangements, deny assistance where granting the assistance sought would prejudice its essential public policy interest, including cases where the Central Authority, after consultation with all appropriate intelligence, anti_narcotic, and foreign policy agencies, has specific information that a senior government official who will have access to information to be provided under this Convention is engaged in a felony, including the facilitation of the production or distribution of illegal drugs.

(3) Supremacy of the Constitution.__Nothing in the Convention requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-38,105,38,TREATY WITH VENEZUELA ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS,Extradition and Criminal Assistance,1998-03-27T00:00:00Z,,Venezuela,"105-38, CRIMINAL MATTERS, MUTUAL LEGAL ASSISTANCE, T.DOC. 105-38, VENEZUELA","[105] TreatyRes. 28 for Treaty Doc.105 - 38

" 105-37,105,37,TREATY WITH SAINT KITTS AND NEVIS ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS,Extradition and Criminal Assistance,1998-03-20T00:00:00Z,,Saint Kitts and Nevis,"105-37, CRIMINAL, CRIMINAL MATTERS, LEGAL ASSISTANCE, MUTUAL LEGAL ASSISTANCE, NEVIS, SAINT KITTS, T.DOC. 105-37","[105] TreatyRes. 27 for Treaty Doc.105 - 37

as passed by the Senate on October 21, 1998. Congressional Record: November 12, 1998 (Senate) Page S12988-S12989 The text of this resolution is available via GPO ACCESS in <A HREF=""http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=1998_record&docid=cr12no98-91"">TEXT</A >format.

" 105-36,105,36,"PROTOCOLS TO THE NORTH ATLANTIC TREATY OF 1949 ON ACCESSION OF PO LAND, HUNGARY, AND CZECH REPUBLIC",International Law and Organization,1998-02-11T00:00:00Z,,,"105-36, ACCESSION, CZECH REPUBLIC, HUNGARY, POLAND, PROTOCOLS TO NORTH ATLANTIC TREATY OF 1949, T. DOC. 105-36, 2018, 2050, 2051, 2052, 2082 (105th), S. Amdts. 1678, 2081","

As approved TEXT OF RESOLUTION OF ADVICE AND CONSENT TO RATIFICATION:

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 Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic (as defined in section 4(7)), which were opened for signature at Brussels on December 16, 1997, and signed on behalf of the United States of America and other parties to the North Atlantic Treaty, subject to the declarations of section 2 and the conditions of section 3.

SEC. 2. DECLARATIONS.

The advice and consent of the Senate to ratification of the Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic 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 nearly 50 years the North Atlantic Treaty Organization (NATO) has served as the preeminent organization to defend the territory of 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, by preventing the destabilizing renationalization of European military policies, 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 territory 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) notwithstanding the collapse of communism in most of Europe and the dissolution of the Soviet Union, the United States and its NATO allies face threats to their stability and territorial integrity, including those common threats described in section 3(1)(A)(v);

(B) the invasion of Poland, Hungary, or the Czech Republic, or their destabilization arising from external subversion, would threaten the stability of Europe and jeopardize vital United States national security interests;

(C) Poland, Hungary, and the Czech Republic, having established democratic governments and having demonstrated a willingness to meet all requirements of membership, including those necessary to contribute to the territorial defense of all NATO members, are 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 Poland, Hungary, and the Czech Republic will strengthen NATO, enhance security and stability in Central Europe, deter potential aggressors, and thereby advance the interests of the United States and its NATO allies.

(3) Supremacy of the north atlantic council in nato decision-making.¿The Senate understands that¿

(A) as the North Atlantic Council is the supreme decision-making body of NATO, the North Atlantic Council will not subject its decisions to review, challenge, or veto by any forum affiliated with NATO, including the Permanent Joint Council or the Euro-Atlantic Partnership Council, or by any nonmember state participating in any such forum;

(B) the North Atlantic Council does not require the consent of the United Nations, the Organization for Security and Cooperation in Europe, or any other international organization in order to take any action pursuant to the North Atlantic Treaty in defense of the North Atlantic area, including the deployment, operation, or stationing of forces; and

(C) the North Atlantic Council has direct responsibility for matters relating to the basic policies of NATO, including development of the Strategic Concept of NATO (as defined in section 3(1)(F)), and a consensus position of the North Atlantic Council will precede any negotiation between NATO and non-NATO members that affects NATO's relationship with non-NATO members participating in fora such as the Permanent Joint Council.

(4) Full membership for new nato members.¿

(A) In general.¿The Senate understands that Poland, Hungary, and the Czech Republic, in becoming NATO members, will have all the rights, obligations, responsibilities, and protections that are afforded to all other NATO members.

(B) Political commitments.¿The Senate endorses the political commitments made by NATO to the Russian Federation in the NATO-Russia Founding Act, which are not legally binding and do not in any way preclude any future decisions by the North Atlantic Council to preserve the security of NATO members.

(5) NATO-Russia relationship.¿The Senate finds that it is in the interest of the United States for NATO to develop a new and constructive relationship with the Russian Federation as the Russian Federation pursues democratization, market reforms, and peaceful relations with its neighbors.

(6) The importance of european integration.¿

(A) Sense of the senate.¿It is the sense of the Senate that¿

(i) the central purpose of NATO is to provide for the collective defense of its members;

(ii) the Organization for Security and Cooperation in Europe is a fundamental institution for the promotion of democracy, the rule of law, crisis prevention, and post-conflict rehabilitation and, as such, is an essential forum for the discussion and resolution of political disputes among European members, Canada, and the United States; and

(iii) the European Union is an essential organization for the economic, political, and social integration of all qualified European countries into an undivided Europe.

(B) Policy of the united states.¿The policy of the United States is¿

(i) to utilize fully the institutions of the Organization for Security and Cooperation in Europe to reach political solutions for disputes in Europe; and

(ii) to encourage actively the efforts of the European Union to expand its membership, which will help to stabilize the democracies of Central and Eastern Europe.

(7) Future consideration of candidates for membership in NATO.¿

(A) Senate findings.¿The Senate finds that¿

(i) Article 10 of the North Atlantic Treaty provides that NATO members by unanimous agreement may invite the accession to the North Atlantic Treaty of 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;

(ii) in its Madrid summit declaration of July 8, 1997, NATO pledged to ""maintain an open door to the admission of additional Alliance members in the future"" if those countries satisfy the requirements of Article 10 of the North Atlantic Treaty;

(iii) other than Poland, Hungary, and the Czech Republic, the United States has not consented to invite, or committed to invite, any other country to join NATO in the future; and

(iv) 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 Poland, Hungary, or the Czech Republic), 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 the obligations and responsibilities of membership, and its inclusion 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 security commitment pursuant to the North Atlantic Treaty.

(8) Partnership for peace.¿The Senate declares that¿

(A) the Partnership for Peace between NATO members and the Partnership for Peace countries is an important and enduring complement to NATO in maintaining and enhancing regional security;

(B) the Partnership for Peace serves a critical role in promoting common objectives of NATO members and the Partnership for Peace countries, including¿

(i) increased transparency in the national defense planning and budgeting processes;

(ii) ensuring democratic control of defense forces;

(iii) maintaining the capability and readiness of Partnership for Peace countries to contribute to operations of the United Nations and the Organization for Security and Cooperation in Europe;

(iv) developing cooperative military relations with NATO; and

(v) enhancing the interoperability between forces of the Partnership for Peace countries and forces of NATO members;

(i) strengthening the political consultation mechanism in the Partnership for Peace through the Euro-Atlantic Partnership Council;

(ii) enhancing the operational role of the Partnership for Peace; and

(iii) providing for expanded involvement of members of the Partnership for Peace in decision-making and planning within the Partnership;

(D) enhancement of the Partnership for Peace promotes the security of the United States by strengthening stability and security throughout the North Atlantic area;

(E) the accession to the North Atlantic Treaty of new NATO members in the future must not undermine the ability of NATO and the Partnership for Peace countries to achieve the objectives of the Partnership for Peace; and

(F) membership in the Partnership for Peace does not in any way prejudice application or consideration for accession to the North Atlantic Treaty.

(9) Regarding payments owed by european countries to victims of the nazis

(A) Declaration.¿The Senate declares that, in future meetings and correspondence with European governments, the Secretary of State should¿

(i) raise the issue of insurance benefits owed to victims of the Nazis (and their beneficiaries and heirs) by these countries as a result of the actions taken by any communist predecessor regimes in nationalizing foreign insurance companies and confiscating their assets in the aftermath of World War II;

(ii) seek to secure a commitment from the governments of these countries to provide a full accounting of the total value of insurance company assets that were seized by any communist predecessors and to share all documents relevant to unpaid insurance claims that are in their possession; and

(iii) seek to secure a commitment from the governments of these countries to contribute to the payment of these unpaid insurance claims in an amount that reflects the present value of the assets seized by any communist governments (and for which no compensation had previously been paid).

(B) Definition.¿As used in this paragraph, the term ""victims of the Nazis"" means persons persecuted during the period beginning on March 23, 1933 and ending on May 8, 1945, by, under the direction of, on behalf of, or under authority granted by the Nazi government of Germany or any country allied with that government.

SEC. 3. CONDITIONS.

The advice and consent of the Senate to the ratification of the Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic is subject to the following conditions, which shall be binding upon the President:

(1) The strategic concept of nato.¿

(A) Policy of the united states toward the strategic concept of nato.¿The Senate understands that the policy of the United States is that the core concepts contained in the 1991 Strategic Concept of NATO (as defined in subparagraph (F)), which adapted NATO¿s strategy to the post-Cold War environment, remain valid today, and that the upcoming revision of that document will reflect the following principles:

(i) First and foremost a military alliance.¿NATO is first and foremost a military alliance. NATO's success in securing peace is predicated on its military strength and strategic unity.

(ii) Principal foundation for defense of security interests of nato members.¿NATO serves as the principal foundation for collectively defending the security interests of its members against external threats.

(iii) Promotion and protection of united states vital national security interests.¿Strong United States leadership of NATO promotes and protects United States vital national security interests.

(iv) United states leadership role.¿The United States maintains its leadership role in NATO through the stationing of United States combat forces in Europe, providing military commanders for key NATO commands, and through the presence of United States nuclear forces on the territory of Europe.

(v) Common threats.¿NATO members will face common threats to their security in the post-Cold War environment, including--

(I) the potential for the re-emergence of a hegemonic power confronting Europe;

(II) rogue states and non-state actors possessing nuclear, biological, or chemical weapons and the means to deliver these weapons by ballistic or cruise missiles, or other unconventional delivery means;

(III) threats of a wider nature, including the disruption of the flow of vital resources, and other possible transnational threats; and

(IV) conflict in the North Atlantic area stemming from ethnic and religious enmity, the revival of historic disputes, or the actions of undemocratic leaders.

(vi) Core mission of nato.¿Defense planning will affirm a commitment by NATO members to a credible capability for collective self-defense, which remains the core mission of NATO. All NATO members will contribute to this core mission.

(vii) Capacity to respond to common threats.¿NATO's continued success requires a credible military capability to deter and respond to common threats. Building on its core capabilities for collective self-defense of its members, NATO will ensure that its military force structure, defense planning, command structures, and force goals promote NATO's capacity to project power when the security of a NATO member is threatened, and provide a basis for ad hoc coalitions of willing partners among NATO members. This will require that NATO members possess national military capabilities to rapidly deploy forces over long distances, sustain operations for extended periods of time, and operate jointly with the United States in high intensity conflicts.

(viii) Integrated military structure.¿The Integrated Military Structure of NATO underpins NATO's effectiveness as a military alliance by embedding NATO members in a process of cooperative defense planning and ensuring unity of command.

(ix) Nuclear posture.¿Nuclear weapons will continue to make an essential contribution to deterring aggression, especially aggression by potential adversaries armed with nuclear, biological, or chemical weapons. A credible NATO nuclear deterrent posture requires the stationing of United States nuclear forces in Europe, which provides an essential political and military link between Europe and North America, and the widespread participation of NATO members in nuclear roles. In addition, the NATO deterrent posture will continue to ensure uncertainty in the mind of any potential aggressor about the nature of the response by NATO members to military aggression.

(x) Burdensharing.¿The responsibility and financial burden of defending the democracies of Europe will be more equitably shared in a manner in which specific obligations and force goals are met by NATO members.

(B) The fundamental importance of collective defense.¿The Senate declares that¿

(i) in order for NATO to serve the security interests of the United States, the core purpose of NATO must continue to be the collective defense of the territory of all NATO members; and

(ii) NATO may also, pursuant to Article 4 of the North Atlantic Treaty, on a case-by-case basis, engage in other missions when there is a consensus among its members that there is a threat to the security and interests of NATO members.

(C) Defense planning, command structures, and force goals.¿The Senate declares that NATO must continue to pursue defense planning, command structures, and force goals to meet the requirements of Article 5 of the North Atlantic Treaty as well as the requirements of other missions agreed upon by NATO members, but must do so in a manner that first and foremost ensures under the North Atlantic Treaty the ability of NATO to deter and counter any significant military threat to the territory of any NATO member.

(D) Report.¿Not later than 180 days after the date of adoption of this resolution, the President shall submit to the President of the Senate and the Speaker of the House of Representatives a report on the Strategic Concept of NATO. The report shall be submitted in both classified and unclassified form and shall include¿

(i) an explanation of the manner in which the Strategic Concept of NATO affects United States military requirements both within and outside the North Atlantic area, including the broader strategic rationale of NATO;

(ii) an analysis of all potential threats to the North Atlantic area (meaning the entire territory of all NATO members) up to the year 2010, including the consideration of a reconstituted conventional threat to Europe, emerging capabilities of non-NATO countries to use nuclear, biological, or chemical weapons affecting the North Atlantic area, and the emerging ballistic missile and cruise missile threat affecting the North Atlantic area;

(iii) the identification of alternative system architectures for the deployment of a NATO missile defense for the entire territory of all NATO members that would be capable of countering the threat posed by emerging ballistic and cruise missile systems in countries other than declared nuclear powers, as well as in countries that are existing nuclear powers, together with timetables for development and an estimate of costs;

(iv) a detailed assessment of the progress of all NATO members, on a country-by-country basis, toward meeting current force goals; and

(v) a general description of the overall approach to updating the Strategic Concept of NATO.

(E) Briefings on revisions to the strategic concept.¿Not less than twice in the 300-day period following the date of adoption of this resolution, each at an agreed time to precede each Ministerial meeting of the North Atlantic Council, the Senate expects the appropriate officials of the executive branch of Government to offer detailed briefings to the appropriate congressional committees on proposed changes to the Strategic Concept of NATO, including¿

(i) an explanation of the manner in which specific revisions to the Strategic Concept of NATO will serve United States national security interests and affect United States military requirements both within and outside the North Atlantic area;

(ii) a timetable for implementation of new force goals by all NATO members under any revised Strategic Concept of NATO;

(iii) a description of any negotiations regarding the revision of the nuclear weapons policy of NATO; and

(iv) a description of any proposal to condition decisions of the North Atlantic Council upon the approval of the United Nations, the Organization for Security and Cooperation in Europe, or any NATO-affiliated forum.

(F) Definition.¿For the purposes of this paragraph, the term ""Strategic Concept of NATO"" means the document agreed to by the Heads of State and Government participating in the meeting of the North Atlantic Council in Rome on November 7-8, 1991, or any subsequent document agreed to by the North Atlantic Council that would serve a similar purpose.

(2) Costs, benefits, burdensharing, and military implications of the enlargement of nato.¿

(A) Presidential certification.¿Prior to the deposit of the United States instrument of ratification, the President shall certify to the Senate that¿

(i) the inclusion of Poland, Hungary, and the Czech Republic in NATO will not have the effect of increasing the overall percentage share of the United States in the common budgets of NATO;

(ii) the United States is under no commitment to subsidize the national expenses necessary for Poland, Hungary, or the Czech Republic to meet its NATO commitments; and

(iii) the inclusion of Poland, Hungary, and the Czech Republic 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.

(B) Annual reports.¿Not later than April 1 of each year during the five-year period following the date of entry into force of the Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic, the President shall submit to the appropriate congressional committees a report, which may be submitted in an unclassified and classified form, and which shall contain the following information:

(i) The amount contributed to the common budgets of NATO by each NATO member during the preceding calendar year.

(ii) The proportional share assigned to, and paid by, each NATO member under NATO's cost-sharing arrangements.

(iii) The national defense budget of each NATO member, the steps taken by each NATO member to meet NATO force goals, and the adequacy of the national defense budget of each NATO member in meeting common defense and security obligations.

(iv) Any costs incurred by the United States in connection with the membership of Poland, Hungary, or the Czech Republic in NATO, including the deployment of United States military personnel, the provision of any defense article or defense service, the funding of any training activity, or the modification or construction of any military facility.

(v) The status of discussions concerning NATO membership for countries participating in the Partnership for Peace.

(i) Sense of the senate regarding united states share of nato's common-funded budgets.¿It is the sense of the Senate that, beginning with fiscal year 1999, and for each fiscal year thereafter through the fiscal year 2003, the President should¿

(I) propose to NATO a limitation on the United States percentage share of the common-funded budgets of NATO for that fiscal year equal to the United States percentage share of those budgets for the preceding fiscal year, minus one percent; and

(II) not later than 60 days after the date of the United States proposal under subclause (I), submit a report to Congress describing the action, if any, taken by NATO to carry out the United States proposal.

(ii) Annual limitation on united states expenditures for nato.¿Unless specifically authorized by law, the total amount of expenditures by the United States in any fiscal year beginning on or after October 1, 1998, for payments to the common-funded budgets of NATO shall not exceed the total of all such payments made by the United States in fiscal year 1998.

(iii) Definitions.¿In this subparagraph:

(I) Common-funded budgets of nato.¿The term ""common-funded budgets of NATO"" means¿

(aa) the Military Budget, the Security Investment Program, and the Civil Budget of NATO; and

(bb) any successor or additional account or program of NATO.

(II) United states percentage share of the common-funded budgets of nato.¿The term ""United States percentage share of the common-funded budgets of NATO"" means the percentage that the total of all United States payments during a fiscal year to the common-funded budgets of NATO represents to the total amounts payable by all NATO members to those budgets during that fiscal year.

(D) Requirement of payment out of funds specifically authorized.¿No cost incurred by NATO, other than through the common-funded budgets of NATO, in connection with the admission to membership, or participation, in NATO of any country that was not a member of NATO as of March 1, 1998, may be paid out of funds available to any department, agency, or other entity of the United States unless the funds are specifically authorized by law for that purpose.

(E) Reports on future enlargement of nato.¿

(i) Reports prior to commencement of accession talks.¿Prior to any decision by the North Atlantic Council to invite any country (other than Poland, Hungary, or the Czech Republic) to begin accession talks with NATO, the President shall submit to the appropriate congressional committees a detailed report regarding each country being actively considered for NATO membership, including¿

(I) an evaluation of how that country will further the principles of the North Atlantic Treaty and contribute to the security of the North Atlantic area;

(II) an evaluation of the eligibility of that country for membership based on the principles and criteria identified by NATO and the United States, including the military readiness of that country;

(III) an explanation of how an invitation to that country would affect the national security interests of the United States;

(IV) an up-to-date United States Government analysis of the common-funded military requirements and costs associated with integrating that country into NATO, and an analysis of the shares of those costs to be borne by NATO members, including the United States; and

(V) a preliminary analysis of the implications for the United States defense budget and other United States budgets of integrating that country into NATO.

(ii) Updated reports prior to signing protocols of accession.¿Prior to the signing of any protocol to the North Atlantic Treaty on the accession of any country, the President shall submit to the appropriate congressional committees a report, in classified and unclassified forms¿

(I) updating the information contained in the report required under clause (i) with respect to that country; and

(II) including an analysis of that country's ability to meet the full range of the financial burdens of NATO membership, and the likely impact upon the military effectiveness of NATO of the country invited for accession talks, if the country were to be admitted to NATO.

(F) Review and reports by the general accounting office.¿The Comptroller General of the United States shall conduct a review and assessment of the evaluations and analyses contained in all reports submitted under subparagraph (E) and, not later than 90 days after the date of submission of any report under subparagraph (E)(ii), shall submit a report to the appropriate congressional committees setting forth the assessment resulting from that review.

(3) The nato-russia founding act and the permanent joint council.¿Prior to the deposit of the United States instrument of ratification, the President shall certify to the Senate the following:

(A) In general.¿The NATO-Russia Founding Act and the Permanent Joint Council do not provide the Russian Federation with a veto over NATO policy.

(B) NATO decision-making.¿The NATO-Russia Founding Act and the Permanent Joint Council do not provide the Russian Federation any role in the North Atlantic Council or NATO decision-making, including¿

(i) any decision NATO makes on an internal matter; or

(ii) the manner in which NATO organizes itself, conducts its business, or plans, prepares for, or conducts any mission that affects one or more of its members, such as collective defense, as stated under Article 5 of the North Atlantic Treaty.

(i) the Permanent Joint Council will not be a forum in which NATO's basic strategy, doctrine, or readiness is negotiated with the Russian Federation, and NATO will not use the Permanent Joint Council as a substitute for formal arms control negotiations such as the adaptation of the Treaty on Conventional Armed Forces in Europe, done at Paris on November 19, 1990;

(ii) any discussion with the Russian Federation of NATO doctrine will be for explanatory, not decision-making purposes;

(iii) any explanation described in clause (ii) will not extend to a level of detail that could in any way compromise the effectiveness of NATO's military forces, and any such explanation will be offered only after NATO has first set its policies on issues affecting internal matters;

(iv) NATO will not discuss any agenda item with the Russian Federation prior to agreeing to a NATO position within the North Atlantic Council on that agenda item; and

(v) the Permanent Joint Council will not be used to make any decision on NATO doctrine, strategy, or readiness.

(4) Reports on intelligence matters.¿

(A) Progress report.¿Not later than January 1, 1999, the President shall submit a report to the congressional intelligence committees on the progress of Poland, Hungary, and the Czech Republic in satisfying the security requirements for membership in NATO.

(B) Reports regarding protection of intelligence sources and methods.¿Not later than January 1, 1999, and again not later than the date that is 90 days after the date of accession to the North Atlantic Treaty by Poland, Hungary, and the Czech Republic, the Director of Central Intelligence shall submit a detailed report to the congressional intelligence committees¿

(i) identifying the latest procedures and requirements established by Poland, Hungary, and the Czech Republic for the protection of intelligence sources and methods; and

(ii) including an assessment of how the overall procedures and requirements of Poland, Hungary, and the Czech Republic for the protection of intelligence sources and methods compare with the procedures and requirements of other NATO members for the protection of intelligence sources and methods.

(i) Congressional intelligence committees.¿The term ""congressional intelligence committees"" means the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.

(ii) Date of accession to the north atlantic treaty by poland, hungary, and the czech republic.¿The term ""date of accession to the North Atlantic Treaty by Poland, Hungary, and the Czech Republic"" means the latest of the following dates:

(I) The date on which Poland accedes to the North Atlantic Treaty.

(II) The date on which Hungary accedes to the North Atlantic Treaty,

(III) The date on which the Czech Republic accedes to the North Atlantic Treaty.

(5) Requirement of full cooperation with united states efforts to obtain the fullest possible accounting of captured and missing united states personnel from past military conflicts or cold war incidents.¿Prior to the deposit of the United States instrument of ratification, the President shall certify to Congress that each of the governments of Poland, Hungary, and the Czech Republic are fully cooperating with United States efforts to obtain the fullest possible accounting of captured and missing United States personnel from past military conflicts or Cold War incidents, to include¿

(A) facilitating full access to relevant archival material; and

(B) identifying individuals who may possess knowledge relative to captured and missing United States personnel, and encouraging such individuals to speak with United States Government officials.

(6) Treaty interpretation.¿

(A) Principles of treaty interpretation.¿The Senate affirms the applicability to all treaties of the constitutionally-based principles of treaty interpretation set forth in condition (1) in the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988.

(B) Construction of senate resolution of ratification.¿Nothing in condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, shall be construed as authorizing the President to obtain legislative approval for modifications or amendments to treaties through majority approval of both Houses of Congress.

(C) Definition.¿As used in this paragraph, the term ""INF Treaty"" refers to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter Range Missiles, together with the related memorandum of understanding and protocols, done at Washington on December 8, 1987.

SEC. 4. DEFINITIONS.

In this resolution:

(1) Appropriate congressional committees.¿The term ""appropriate congressional committees"" means the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate and the Committee on International Relations, the Committee on National Security, and the Committee on Appropriations of the House of Representatives.

(2) NATO.¿The term ""NATO"" means the North Atlantic Treaty Organization.

(3) NATO members.¿The term ""NATO members"" means all countries that are parties to the North Atlantic Treaty.

(4) NATO-Russia founding act.¿The term ""NATO-Russia Founding Act"" means the document entitled the ""Founding Act on Mutual Relations, Cooperation and Security Between NATO and the Russian Federation"", dated May 27, 1997.

(5) 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.

(6) North atlantic treaty.¿The term ""North Atlantic Treaty"" means the North Atlantic Treaty, signed at Washington on April 4, 1949 (63 Stat. 2241; TIAS 1964), as amended.

(7) Protocols to the north atlantic treaty of 1949 on the accession of poland, hungary, and the czech republic.¿The term ""Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic"" refers to the following protocols transmitted by the President to the Senate on February 11, 1998 (Treaty Document No. 105-36):

(A) The Protocol to the North Atlantic Treaty on the Accession of the Republic of Poland, signed at Brussels on December 16, 1997.

(B) The Protocol to the North Atlantic Treaty on the Accession of the Republic of Hungary, signed at Brussels on December 16, 1997.

(C) The Protocol to the North Atlantic Treaty on the Accession of the Czech Republic, signed at Brussels on December 16, 1997.

(8) United states instrument of ratification.¿The term ""United States instrument of ratification"" means the instrument of ratification of the United States of the Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic.

" 105-35,105,35,TRADEMARK LAW TREATY AND REGULATIONS,Commercial,1998-01-29T00:00:00Z,,,"105-35, REGULATIONS, T. DOC. 105-35, TRADEMARK, TRADEMARK LAW","[105] TreatyRes. 38 for Treaty Doc.105 - 35

TEXT OF RESOLUTION OF ADVICE AND CONSENT TO RATIFICATION: as passed by the Senate on June 26, 1998. Congressional Record: July 6, 1998 (Senate) Page S7520 The text of this resolution is available via GPO ACCESS in <A HREF=""http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=1998_record&docid=cr06jy98-45"">TEXT</A> format.

" 105-33,105,33,EXTRADITION TREATY WITH ZIMBABWE,Extradition and Criminal Assistance,1998-01-28T00:00:00Z,,Zimbabwe,"105-33, EXTRADITION, EXTRADITION WITH ZIMBABWE, T. DOC. 105-33, ZIMBABWE","[105] TreatyRes. 26 for Treaty Doc.105 - 33

" 105-34,105,34,TREATY WITH LATVIA ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS,Extradition and Criminal Assistance,1998-01-28T00:00:00Z,,Latvia,"105-34, CRIMINAL MATTERS, LATVIA, MUTUAL LEGAL ASSISTANCE, T. DOC. 105-34","[105] TreatyRes. 25 for Treaty Doc.105 - 34

as passed by the Senate on October 21, 1998. Congressional Record: November 12, 1998 (Senate) Page S12988 The text of this resolution is available via GPO ACCESS in <A HREF=""http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=1998_record&docid=cr12no98-91"">TEXT</A >format.

" 105-32,105,32,SOUTH PACIFIC ENVIRONMENT PROGRAMME AGREEMENT,International Law,1997-11-07T00:00:00Z,,,"105-32, AGREEMENT, ENVIRONMENT, SOUTH PACIFIC, SOUTH PACIFIC REGIONAL ENVIRONMENT, T.DOC. 105-32","[107] TreatyRes. 11 for Treaty Doc.105 - 32

As recommended by the Committee on Foreign Relations:

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

Section 1. Advice and Consent to Ratification of the Agreement Establishing the South Pacific Regional Environment Programme, subject to a Declaration.

The Senate advises and consents to the ratification of the Agreement Establishing the South Pacific Regional Environment Programme, done at Apia on June 16, 1993 (Treaty Doc. 105-32), subject to the declaration in Section 2.

Section 2. Declaration.

The advice and consent of the Senate is subject to the declaration that the ""no reservations"" provision in Article 10 of the Agreement has the effect of inhibiting the Senate in its exercise of its constitutional duty to give advice and consent to ratification of a treaty, and that the Senate's approval of the Agreement should not be construed as a precedent for acquiescence to future treaties containing such provisions.

" 105-31,105,31,TAX CONVENTION WITH IRELAND,Taxation,1997-09-24T00:00:00Z,,Ireland,"105-31, IRELAND, T.DOC. 105-31, TAX, TAX CONVENTION, TAX CONVENTION WITH IRELAND", 105-28,105,28,COMPREHENSIVE NUCLEAR TEST-BAN TREATY,Arms Control,1997-09-23T00:00:00Z,,,"105-28, NUCLEAR, NUCLEAR TEST-BAN, T.DOC. 105-28, TEST-BAN", 105-29,105,29,PROTOCOL AMENDING TAX CONVENTION WITH CANADA,Taxation,1997-09-23T00:00:00Z,,Canada,"105-29, CANADA, PROTOCOL AMENDING TAX CONVENTION, T.DOC. 105-29, TAX CONVENTION WITH CANADA", 105-30,105,30,EXTRADITION TREATY WITH INDIA,Extradition and Criminal Assistance,1997-09-23T00:00:00Z,,India,"105-30, EXTRADITION, EXTRADITION TREATY WITH INDIA, INDIA, T.DOC. 105-30","[105] TreatyRes. 20 for Treaty Doc.105 - 30

" 105-27,105,27,TREATY WITH AUSTRALIA ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS,Extradition and Criminal Assistance,1997-09-18T00:00:00Z,,Australia,"105-27, AUSTRALIA, CRIMINAL MATTERS, GAME MAMMALS, MEXICO, MIGRATORY BIRDS, MUTUAL ASSISTANCE, PROTECTION OF MIGRATORY BIRDS AND GAME MAMM, PROTOCOL, PROTOCOL AMENDING, PROTOCOL WITH MEXICO RE BIRDS AND GAME MAMM, T.DOC. 105-27","[105] TreatyRes. 19 for Treaty Doc.105 - 27

" 105-26,105,26,"The Protocol Between the Government of the United States of America and the Government of the United Mexican States Amending the Convention for the Protection of Migratory Birds and Game Mammals, signed at Mexico City on May 5, 1997.",Fisheries and Wildlife,1997-09-15T00:00:00Z,,Mexico,"105-26, GAME MAMMALS, MEXICO, MEXICO AND GAME MAMMALS, MEXICO AND MIGRATORY BIRDS, MIGRATORY BIRDS, PROTOCOL AMENDING CONVENTION, PROTOCOL AMENDING CONVENTION ON MIGRATORY, T.DOC. 105-26", 105-22,105,22,MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS WITH TRINIDAD AND TOBAGO,Extradition and Criminal Assistance,1997-09-03T00:00:00Z,,Trinidad and Tobago,105-22,"[105] TreatyRes. 18 for Treaty Doc.105 - 22

as passed by the Senate on October 21, 1998. Congressional Record: November 12, 1998 (Senate) Page S12987 The text of this resolution is available via GPO ACCESS in <A HREF=""http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=1998_record&docid=cr12no98-91"">TEXT</A >format.

" 105-23,105,23,MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS WITH BARBADOS,Extradition and Criminal Assistance,1997-09-03T00:00:00Z,,Barbados,105-23,"[105] TreatyRes. 17 for Treaty Doc.105 - 23

as passed by the Senate on October 21, 1998. Congressional Record: November 12, 1998 (Senate) Page S12986-S12987 The text of this resolution is available via GPO ACCESS in <A HREF=""http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=1998_record&docid=cr12no98-91"">TEXT</A >format.

" 105-24,105,24,"MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS WITH ANTIGUA AND BARBUDA, DOMINICA, GRENADA AND ST. LUCIA",Extradition and Criminal Assistance,1997-09-03T00:00:00Z,,Saint Vincent and the Grenadines,105-24,"[105] TreatyRes. 16 for Treaty Doc.105 - 24

as passed by the Senate on October 21, 1998. Congressional Record: November 12, 1998 (Senate) Page S12987-S12988 The text of this resolution is available via GPO ACCESS in <A HREF=""http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=1998_record&docid=cr12no98-91"">TEXT</A >format.

" 105-25,105,25,INTER-AMERICAN CONVENTION ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS WITH RELATED OPTIONAL PROTOCOL,Extradition and Criminal Assistance,1997-09-03T00:00:00Z,,,"105-25, CONVENTION, CRIMINAL MATTERS, INTER-AMERICAN, T.DOC. 105-25","[106] TreatyRes. 33 for Treaty Doc.105 - 25

As approved by the Committee on Foreign Relations:

Resolved, (two thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Inter-American Convention on Mutual Assistance in Criminal Matters (""the Convention""), adopted at the Twenty-Second Regular Session of the Organization of American States (""OAS"") General Assembly meeting in Nassau, The Bahamas, on May 23, 1992, and the Optional Protocol Related to the Inter-American Convention on Mutual Assistance in Criminal Matters (""the Optional Protocol""), adopted at the Twenty-Third Regular Session of the OAS General Assembly meeting in Managua, Nicaragua, on June 11, 1993, both instruments signed on behalf of the United States at OAS Headquarters in Washington on January 10, 1995 (Treaty Doc. 105-25), subject to the understandings of subsection (a), the declaration of subsection (b) and the proviso of subsection (c).

(a) Understandings.–The Senate's advice and consent is subject to the following understanding, which shall be included in the instrument of ratification:

(1) In General.–-The United States understands that the Convention and Optional Protocol are not intended to replace, supersede, obviate or otherwise interfere with any other existing bilateral or multilateral treaties or conventions, including those that relate to mutual assistance in criminal matters.

(2) Article 25.--The United States understands that Article 25 of the Convention, which limits disclosure or use of information or evidence obtained under the Convention, shall no longer apply if such information or evidence is made public, in a manner consistent with Article 25, in the course of proceedings in the Requesting State.

(3) Prohibition on assistance to the International Criminal Court.-– The United States shall exercise its rights to limit the use of assistance it may provide under the Convention and/or Optional Protocol so that any assistance provided by the Government of the United States shall not be transferred to or otherwise used to assist the International Criminal Court contemplated in the Statute adopted in Rome, Italy, on July 17, 1998, unless the Statute establishing that Court has entered into force for the United States by and with the advice and consent of the Senate, as required by Article II, section 2 of the United States Constitution.

(b) Declaration.–The Senate's advice and consent is subject to the following declaration, which shall be binding upon the President:

(c) Proviso.– The resolution of ratification is subject to the following proviso, which shall not be included in the instrument of ratification to be signed by the President:

Supremacy of the Constitution.– Nothing in this Convention or the Optional Protocol requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-20,105,20,EXTRADITION TREATY WITH BARBADOS,Extradition and Criminal Assistance,1997-07-31T00:00:00Z,,Barbados,"Barbados (Treaty Doc. 1205-20), Extradition and Criminal Assistance","[105] TreatyRes. 14 for Treaty Doc.105 - 20

" 105-21,105,21,EXTRADITION TREATY WITH TRINIDAD AND TOBAGO,Extradition and Criminal Assistance,1997-07-31T00:00:00Z,,Trinidad and Tobago,105-21,"[105] TreatyRes. 13 for Treaty Doc.105 - 21

As approved:

" 105-18,105,18,EXTRADITION TREATY WITH ARGENTINA,Extradition and Criminal Assistance,1997-07-30T00:00:00Z,,Argentina,"105-18, ARGENTINA, ARGENTINE REPUBLIC, EXTRADITION, EXTRADITION WITH ARGENTINA, T.DOC. 105-18","[105] TreatyRes. 12 for Treaty Doc.105 - 18

As approved: Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Extradition Treaty Between the United States of America and the Argentine Republic, signed at Buenos Aires on June 10, 1997 (Treaty Doc. 105-18), subject to the understanding of subsection (a), the declaration of subsection (b), and the proviso of subsection (c). (a) Understanding.¿ The Senate's advice and consent is subject to the following understanding, which shall be included in the instrument of ratification: Prohibition on Extradition to the International Criminal Court.¿ The United States understands that the protections contained in Article 16 concerning the Rule of Specialty would preclude the resurrender of any person from the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the United States consents to such resurrender; and the United States shall not consent to the transfer of any person extradited to Argentina by the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the treaty establishing that Court has entered into force for the United States by and with the advice and consent of the Senate, as required by Article II, section 2 of the United States Constitution. (b) Declaration.¿ The Senate's advice and consent is subject to the following declaration, which shall be binding on the President: Treaty Interpretation.¿ The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997. (c) Proviso.¿ The resolution of ratification is subject to the following proviso, which shall not be included in the instrument of ratification to be signed by the President: Supremacy of the Constitution.¿ Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-19,105,19,EXTRADITION TREATY WITH ORGANIZATION OF EASTERN CARIBBEAN STATES,Extradition and Criminal Assistance,1997-07-30T00:00:00Z,,Saint Vincent and the Grenadines,"105-19, ANTIGUA, BARBUDA, DOMINICA, EASTERN CARIBBEAN STATES, EXTRADITION, GRENADA, GRENADINES, NEVIS, ORGANIZATION OF EASTERN CARIBBEAN STATES, ST. KITTS, ST. LUCIA, ST. VINCENT, T.DOC. 105-19","[105] TreatyRes. 11 for Treaty Doc.105 - 19

As approved: Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Extradition Treaty Between the Government of the United States of America and the Government of Antigua and Barbuda, signed at St. John's on June 3, 1996 (Treaty Doc. 105-19), subject to the understanding of subsection (a), the declaration of subsection (b), and the proviso of subsection (c). (a) Understanding.--The Senate's advice and consent is subject to the following understanding, which shall be included in the instrument of ratification: Prohibition on Extradition to the International Criminal Court.--The United States understands that the protections contained in Article 14 concerning the Rule of Specialty would preclude the resurrender of any person from the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the United States consents to such resurrender; and the United States shall not consent to the transfer of any person extradited to Antigua and Barbuda by the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the treaty establishing that Court has entered into force for the United States by and with the advice and consent of the Senate, as required by Article II, section 2 of the United States Constitution. (b) Declaration.--The Senate's advice and consent is subject to the following declaration, which shall be binding on the President: Treaty Interpretation.--The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997. (c) Proviso.--The resolution of ratification is subject to the following proviso, which shall not be included in the instrument of ratification to be signed by the President: Supremacy of the Constitution.--Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States. Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Extradition Treaty Between the Government of the United States of America and the Government of Dominica, signed at Roseau on October 10, 1996 (Treaty Doc. 105-19), subject to the understanding of subsection (a), the declaration of subsection (b), and the proviso of subsection (c). (a) Understanding.--The Senate's advice and consent is subject to the following understanding, which shall be included in the instrument of ratification: Prohibition on Extradition to the International Criminal Court.--The United States understands that the protections contained in Article 14 concerning the Rule of Specialty would preclude the resurrender of any person from the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the United States consents to such resurrender; and the United States shall not consent to the transfer of any person extradited to Dominica by the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the treaty establishing that Court has entered into force for the United States by and with the advice and consent of the Senate, as required by Article II, section 2 of the United States Constitution. (b) Declaration.--The Senate's advice and consent is subject to the following declaration, which shall be binding on the President: Treaty Interpretation.--The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997. (c) Proviso.--The resolution of ratification is subject to the following proviso, which shall not be included in the instrument of ratification to be signed by the President: Supremacy of the Constitution.--Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States. Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Extradition Treaty Between the Government of the United States of America and the Government of Grenada, signed at St. George's on May 30, 1996 (Treaty Doc. 105-19), subject to the understanding of subsection (a), the declaration of subsection (b), and the proviso of subsection (c). (a) Understanding.--The Senate's advice and consent is subject to the following understanding, which shall be included in the instrument of ratification: Prohibition on Extradition to the International Criminal Court.--The United States understands that the protections contained in Article 14 concerning the Rule of Specialty would preclude the resurrender of any person from the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the United States consents to such resurrender; and the United States shall not consent to the transfer of any person extradited to Grenada by the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the treaty establishing that Court has entered into force for the United States by and with the advice and consent of the Senate, as required by Article II, section 2 of the United States Constitution. (b) Declaration.--The Senate's advice and consent is subject to the following declaration, which shall be binding on the President: Treaty Interpretation.--The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997. (c) Proviso.--The resolution of ratification is subject to the following proviso, which shall not be included in the instrument of ratification to be signed by the President: Supremacy of the Constitution.--Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States. Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Extradition Treaty Between the Government of the United States of America and the Government of Saint Lucia, signed at Castries on April 18, 1996 (Treaty Doc. 105- 19), subject to the understanding of subsection (a), the declaration of subsection (b), and the proviso of subsection (c). (a) Understanding.--The Senate's advice and consent is subject to the following understanding, which shall be included in the instrument of ratification: Prohibition on Extradition to the International Criminal Court.--The United States understands that the protections contained in Article 14 concerning the Rule of Specialty would preclude the resurrender of any person from the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the United States consents to such resurrender; and the United States shall not consent to the transfer of any person extradited to Saint Lucia by the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the treaty establishing that Court has entered into force for the United States by and with the advice and consent of the Senate, as required by Article II, section 2 of the United States Constitution. (b) Declaration.--The Senate's advice and consent is subject to the following declaration, which shall be binding on the President: Treaty Interpretation.--The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997. (c) Proviso.--The resolution of ratification is subject to the following proviso, which shall not be included in the instrument of ratification to be signed by the President: Supremacy of the Constitution.--Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States. Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Extradition Treaty Between the Government of the United States of America and the Government of Saint Kitts and Nevis, signed at Basseterre on September 18, 1996 (Treaty Doc. 105-19), subject to the understanding of subsection (a), the declaration of subsection (b), and the proviso of subsection (c). (a) Understanding.--The Senate's advice and consent is subject to the following understanding, which shall be included in the instrument of ratification: Prohibition on Extradition to the International Criminal Court.--The United States understands that the protections contained in Article 14 concerning the Rule of Specialty would preclude the resurrender of any person from the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the United States consents to such resurrender; and the United States shall not consent to the transfer of any person extradited to Saint Kitts and Nevis by the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the treaty establishing that Court has entered into force for the United States by and with the advice and consent of the Senate, as required by Article II, section 2 of the United States Constitution. (b) Declaration.--The Senate's advice and consent is subject to the following declaration, which shall be binding on the President: Treaty Interpretation.--The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997. (c) Proviso.--The resolution of ratification is subject to the following proviso, which shall not be included in the instrument of ratification to be signed by the President: Supremacy of the Constitution.--Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States. Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Extradition Treaty Between the Government of the United States of America and the Government of Saint Vincent and the Grenadines, signed at Kingstown on August 15, 1996 (Treaty Doc. 105-19), subject to the understanding of subsection (a), the declaration of subsection (b), and the proviso of subsection (c). (a) Understanding.--The Senate's advice and consent is subject to the following understanding, which shall be included in the instrument of ratification: Prohibition on Extradition to the International Criminal Court.--The United States understands that the protections contained in Article 14 concerning the Rule of Specialty would preclude the resurrender of any person from the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the United States consents to such resurrender; and the United States shall not consent to the transfer of any person extradited to Saint Vincent by the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the treaty establishing that Court has entered into force for the United States by and with the advice and consent of the Senate, as required by Article II, section 2 of the United States Constitution. (b) Declaration.--The Senate's advice and consent is subject to the following declaration, which shall be binding on the President: Treaty Interpretation.--The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997. (c) Proviso.--The resolution of ratification is subject to the following proviso, which shall not be included in the instrument of ratification to be signed by the President: Supremacy of the Constitution.--Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-16,105,16,EXTRADITION TREATY WITH CYPRUS,Extradition and Criminal Assistance,1997-07-28T00:00:00Z,,Cyprus,"105-16, CYPRUS, EXTRADITION, EXTRADITION CYPRUS, T.DOC. 105-16","[105] TreatyRes. 10 for Treaty Doc.105 - 16

" 105-17,105,17,WIPO COPYRIGHT TREATY (WCT)(1996) AND WIPO PERFORMANCES AND PHONOGRAMS TREATY(WPPT)(1996),International Law,1997-07-28T00:00:00Z,,,"105, 105-17, COPYRIGHT, COPYRIGHT TREATY, PERFORMANCES AND PHONOGRAMS, T.DOC. 105-17, WIPO, WORLD INTELLECTUAL PROPERTY ORGANIZATION","[105] TreatyRes. 9 for Treaty Doc.105 - 17

As approved: Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the World Intellectual Property Organization Copyright Treaty and the World Intellectual Property Organization Performances and Phonograms Treaty, done at Geneva on December 20, 1996, and signed by the United States on April 12, 1997 (Treaty Doc. 105-17), subject to the reservation of subsection (a), the declarations of subsection (b), and the provisos of subsection (c). (a) Reservation.¿ The advice and consent of the Senate to the WIPO Performances and Phonograms Treaty is subject to the following reservation, which shall be included in the instrument of ratification and shall be binding on the President: Remuneration Right Limitation.¿ Pursuant to Article 15(3) of the WIPO Performances and Phonograms Treaty, the United States will apply the provisions of Article 15(1) of the WIPO Performances and Phonograms Treaty only in respect of certain acts of broadcasting and communication to the public by digital means for which a direct or indirect fee is charged for reception, and for other retransmissions and digital phonorecord deliveries, as provided under the United States law. (b) Declarations.¿ The advice and consent of the Senate is subject to the following declarations: (1) Limited Reservations Provisions.¿ It is the Sense of the Senate that a ``limited reservations'' provision, such as that contained in Article 21 of the Performances and Phonograms Treaty, and a ``no reservations'' provision, such as that contained in Article 22 of the Copyright Treaty, have the effect of inhibiting the Senate in its exercise of its constitutional duty to give advice and consent to ratification of a treaty, and the Senate's approval of these treaties should not be construed as a precedent for acquiescence to future treaties containing such provisions. (2) Treaty Interpretation.¿ The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997. (c) Provisos.¿ The advice and consent of the Senate is subject to the following provisos: (1) Condition for Ratification.¿ The United States shall not deposit the instruments of ratification for these Treaties until such time as the President signs into law a bill that implements the Treaties, and that shall include clarifications to United States law regarding infringement liability for on-line service providers, such as contained in H.R. 2281. (2) Report.¿ On October 1, 1999, and annually thereafter for five years, unless extended by an Act of Congress, the President shall submit to the Committee on Foreign Relations of the Senate, and the Speaker of the House of Representatives, a report that sets out: (A) Ratification.¿ A list of the countries that have ratified the Treaties, the dates of ratification and entry into force for each country, and a detailed account of U.S. efforts to encourage other nations that are signatories to the Treaties to ratify and implement them. (B) Domestic Legislation Implementing the Convention.¿ A description of the domestic laws enacted by each Party to the Treaties that implement commitments under the Treaties, and an assessment of the compatibility of the laws of each country with the requirements of the Treaties. (C) Enforcement.¿ An assessment of the measures taken by each Party to fulfill its obligations under the Treaties, and to advance its object and purpose, during the previous year. This shall include an assessment of the enforcement by each Party of its domestic laws implementing the obligations of the Treaties, including its efforts to: (i) investigate and prosecute cases of piracy; (ii) provide sufficient resources to enforce its obligations under the Treaties; (iii) provide adequate and effective legal remedies against circumvention of effective technological measures that are used by copyright owners in connection with the exercise of their rights under the Treaties or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the copyright owners concerned or permitted by law. (D) Future Negotiations.¿ A description of the future work of the Parties to the Treaties, including work on any new treaties related to copyright or phonogram protection. (E) Expanded Membership.¿ A description of U.S. efforts to encourage other non-signatory countries to sign, ratify, implement, and enforce the Treaties, including efforts to encourage the clarification of laws regarding Internet service provider liability. (3) Supremacy of the Constitution.¿ Nothing in the Convention requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-15,105,15,THIRD SUPPLEMENTARY EXTRADITION TREATY WITH SPAIN,Extradition and Criminal Assistance,1997-07-10T00:00:00Z,,Spain,"105-15, EXTRADITION, SPAIN, T.DOC. 105-15, THIRD SUPPLEMENTARY EXTRADITION TREATY","[105] TreatyRes. 8 for Treaty Doc.105 - 15

As approved: Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Third Supplementary Extradition Treaty Between the United States of America and the Kingdom of Spain, signed at Madrid on March 12, 1996 (Treaty Doc. 105- 15), subject to the declaration of subsection (a), and the proviso of subsection (b). (a) Declaration.-The Senate's advice and consent is subject to the following declaration, which shall be binding on the President: Treaty Interpretation.-The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997. (b) Proviso.- The resolution of ratification is subject to the following proviso, which shall not be included in the instrument of ratification to be signed by the President: Supremacy of the Constitution.- Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-13,105,13,EXTRADITION TREATY WITH FRANCE,Extradition and Criminal Assistance,1997-07-09T00:00:00Z,,France,"105-13, EXTRADITION, FRANCE, T.DOC. 105-13","[105] TreatyRes. 7 for Treaty Doc.105 - 13

As approved: Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Extradition Treaty between the United States of America and France, which includes an Agreed Minute, signed at Paris on April 23, 1996 (Treaty Doc. 105- 13), subject to the understanding of subsection (a), the declaration of subsection (b), and the proviso of subsection (c). (a) Understanding.¿ The Senate's advice and consent is subject to the following understanding, which shall be included in the instrument of ratification: Prohibition on Extradition to the International Criminal Court.¿ The United States understands that the protections contained in Articles 19 and 20 concerning the Rule of Specialty would preclude the resurrender of any person from the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the United States consents to such resurrender; and the United States shall not consent to the transfer of any person extradited to France by the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the treaty establishing that Court has entered into force for the United States by and with the advice and consent of the Senate, as required by Article II, section 2 of the United States Constitution. (b) Declaration.¿ The Senate's advice and consent is subject to the following declaration, which shall be binding on the President: Treaty Interpretation.¿ The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997. (c) Proviso.¿ The resolution of ratification is subject to the following proviso, which shall not be included in the instrument of ratification to be signed by the President: Supremacy of the Constitution.¿ Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-14,105,14,EXTRADITION TREATY WITH POLAND,Extradition and Criminal Assistance,1997-07-09T00:00:00Z,,Poland,"105-14, EXTRADITION, POLAND, T.DOC. 105-14","[105] TreatyRes. 6 for Treaty Doc.105 - 14

As approved: Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Extradition Treaty Between the United States of America and the Republic of Poland, signed at Washington on July 10, 1996 (Treaty Doc. 105-14), subject to the understanding of subsection (a), the declaration of subsection (b), and the proviso of subsection (c). (a) Understanding.-The Senate's advice and consent is subject to the following understanding, which shall be included in the instrument of ratification: Prohibition on Extradition to the International Criminal Court.-The United States understands that the protections contained in Article 19 concerning the Rule of Specialty would preclude the resurrender of any person from the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the United States consents to such resurrender; and the United States shall not consent to the transfer of any person extradited to Poland by the United States to the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the treaty establishing that Court has entered into force for the United States by and with the advice and consent of the Senate, as required by Article II, section 2 of the United States Constitution. (b) Declaration.-The Senate's advice and consent is subject to the following declaration, which shall be binding on the President: Treaty Interpretation.-The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997. (c) Proviso.-The resolution of ratification is subject to the following proviso, which shall not be included in the instrument of ratification to be signed by the President: Supremacy of the Constitution.- Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-10,105,10,EXTRADITION TREATY WITH LUXEMBOURG,Extradition and Criminal Assistance,1997-07-08T00:00:00Z,,Luxembourg,"105-10, EXTRADITION, EXTRADITION LUXEMBOURG, LUXEMBOURG, T.DOC. 105-10","[105] TreatyRes. 44 for Treaty Doc.105 - 10

" 105-11,105,11,MUTUAL LEGAL ASSISTANCE TREATY WITH LUXEMBOURG,Extradition and Criminal Assistance,1997-07-08T00:00:00Z,,Luxembourg,"105-11, CRIMINAL, CRIMINAL MATTERS, LEGAL ASSISTANCE, LUXEMBOURG, MUTUAL LEGAL ASSISTANCE, T.DOC. 105-11","[105] TreatyRes. 5 for Treaty Doc.105 - 11

As approved: Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Treaty Between the Government of the United States of America and the Government of the Grand Duchy of Luxembourg on Mutual Legal Assistance in Criminal Matters, and related exchange of notes, signed at Washington on March 13, 1997 (Treaty Doc. 105-11), subject to the understanding of subsection (a), the declaration of subsection (b), and the provisos of subsection (c). (a) Understanding.¿ The Senate's advice and consent is subject to the following understanding, which shall be included in the instrument of ratification: Prohibition on Assistance to the International Criminal Court.¿ The United States shall exercise its rights to limit the use of assistance it provides under the Treaty so that any assistance provided by the Government of the United States shall not be transferred to or otherwise used to assist the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the treaty establishing the court has entered into force for the United States by and with the advice and consent of the Senate, as required by Article II, section 2 of the United States Constitution. (b) Declaration.¿ The Senate's advice and consent is subject to the following declaration, which shall be binding on the President: Treaty Interpretation.¿ The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997. (c) Provisos.¿ The resolution of ratification is subject to the following two provisos, which shall not be included in the instrument of ratification to be signed by the President: (1) Limitation on assistance.¿ Pursuant to the rights of the United States under this Treaty to deny requests which prejudice its essential public policy or interest, the United States shall deny a request for assistance when the Central Authority, after consultation with all appropriate intelligence, anti-narcotic, and foreign policy agencies, has specific information that a senior government official who will have access to information to be provided under this Treaty is engaged in a felony, including the facilitation of the production or distribution of illegal drugs. (2) Supremacy of the constitution.¿ Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-12,105,12,MUTUAL LEGAL ASSISTANCE TREATY WITH POLAND,Extradition and Criminal Assistance,1997-07-08T00:00:00Z,,Poland,"105-12, MUTUAL LEGAL ASSISTANCE, POLAND, T.DOC. 105-12","[105] TreatyRes. 4 for Treaty Doc.105 - 12

As approved: Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Treaty Between the United States of America and the Government of the Republic of Poland on Mutual Legal Assistance in Criminal Matters, signed at Washington on July 10, 1996 (Treaty Doc. 105-12), subject to the understanding of subsection (a), the declaration of subsection (b), and the provisos of subsection (c). (a) Understanding.¿ The Senate's advice and consent is subject to the following understanding, which shall be included in the instrument of ratification: Prohibition on Assistance to the International Criminal Court.¿ The United States shall exercise its rights to limit the use of assistance it provides under the Treaty so that any assistance provided by the Government of the United States shall not be transferred to or otherwise used to assist the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the treaty establishing the court has entered into force for the United States by and with the advice and consent of the Senate, as required by Article II, section 2 of the United States Constitution. (b) Declaration.¿ The Senate's advice and consent is subject to the following declaration, which shall be binding on the President: Treaty Interpretation.¿ The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997. (c) Provisos.¿ The resolution of ratification is subject to the following two provisos, which shall not be included in the instrument of ratification to be signed by the President: (1) Limitation on Assistance.¿ Pursuant to the rights of the United States under this Treaty to deny requests which prejudice its essential public policy or interest, the United States shall deny a request for assistance when the Central Authority, after consultation with all appropriate intelligence, anti-narcotic, and foreign policy agencies, has specific information that a senior government official who will have access to information to be provided under this Treaty is engaged in a felony, including the facilitation of the production or distribution of illegal drugs. (2) Supremacy of the Constitution.¿ Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-9,105,9,TAX CONVENTION WITH SOUTH AFRICA,Taxation,1997-06-26T00:00:00Z,,South Africa,"105-9 Tax, South Africa","[108] TreatyRes. 7 for Treaty Doc.105 - 9

As approved:

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

That the Senate advise and consent to the ratification of the Convention between the United States of America and the Republic of South Africa for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital Gains, signed at Cape Town February 17, 1997 (Treaty Doc. 105-9), subject to the declaration of subsection (a), and the proviso of subsection (b).

(a) DECLARATION. - The Senate's advice and consent is subject to the following declaration, which shall be binding on the President:

(1) TREATY INTERPRETATION.- The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997.

(b) PROVISO.- The resolution of ratification is subject to the following proviso, which shall be binding on the President:

(1) SUPREMACY OF THE CONSTITUTION.- Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-8,105,8,TAX CONVENTION WITH SWISS CONFEDERATION,Taxation,1997-06-25T00:00:00Z,,Switzerland,"105-8, SWISS CONFEDERATION, SWISS TAX CONVENTION, SWISS TAXATION, T.DOC. 105-8, TAXATION","[108] TreatyRes. 6 for Treaty Doc.105 - 8

As approved:

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

That the Senate advise and consent to the ratification of the Convention Between the United States of America and the Swiss Confederation for the Avoidance of Double Taxation with Respect to Taxes on Income, signed at Washington, October 2, 1996, together with a Protocol to the Convention (Treaty Doc. 105-8), subject to the declarations of subsection (a), and the proviso of subsection (b).

(a) DECLARATIONS. -- The Senate's advice and consent is subject to the following two declarations, which shall be binding on the President:

(1) REAL ESTATE INVESTMENT TRUSTS.--The United States shall use its best efforts to negotiate with the Swiss Confederation a protocol amending the Convention to provide for the application of subparagraph (b) or paragraph 2 of Article 10 of the Convention to dividends paid by a Real Estate Investment Trust in cases where (i) the beneficial owner of the dividends beneficially holds an interest of 5 percent or less in each class of the stock of the Real Estate Investment Trust and the dividends are paid with respect to a class of stock of the Real Estate Investment Trust that is publicly traded or (ii) the beneficial owner of the dividends beneficially holds an interest of 10 percent or less in the Real Estate Investment Trust and the Real Estate Investment Trust is diversified.

(2) TREATY INTERPRETATION.– The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997.

(b) PROVISO.– The resolution of ratification is subject to the following proviso, which shall be binding on the President:

(1) SUPREMACY OF THE CONSTITUTION.– Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-6,105,6,"AGREEMENT WITH HONG KONG ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS, WITH ANNEX",Extradition and Criminal Assistance,1997-05-05T00:00:00Z,,Hong Kong,"105-6, CRIMINAL MATTERS, HONG KONG, HONG KONG CRIMINAL MATTERS, LEGAL ASSISTANCE, T. DOC. 105-6","[105] TreatyRes. 2 for Treaty Doc.105 - 6

As approved: Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Agreement between the Government of the United States of America and the Government of Hong Kong on Mutual Legal Assistance in Criminal Matters, with Annex, signed in Hong Kong on April 15, 1997 (Treaty Doc. 105-6), subject to the understanding of subsection (a), the declaration of subsection (b), and the provisos of subsection (c). (a) Understanding.¿ The Senate's advice and consent is subject to the following understanding, which shall be included in the instrument of ratification: Prohibition on Assistance to the International Criminal Court.¿ The United States shall exercise its rights to limit the use of assistance it provides under the Treaty so that any assistance provided by the Government of the United States shall not be transferred to or otherwise used to assist the International Criminal Court agreed to in Rome, Italy, on July 17, 1998, unless the treaty establishing the court has entered into force for the United States by and with the advice and consent of the Senate, as required by Article II, section 2 of the United States Constitution. (b) Declaration.¿The Senate's advice and consent is subject to the following declaration, which shall be binding on the President: Treaty Interpretation.¿ The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997. (c) Provisos.¿ The resolution of ratification is subject to the following two provisos, which shall not be included in the instrument of ratification to be signed by the President: (1) Limitation on assistance.¿ Pursuant to the rights of the United States under this Treaty to deny requests which prejudice its essential public policy or interest, the United States shall deny a request for assistance when the Central Authority, after consultation with all appropriate intelligence, anti-narcotic, and foreign policy agencies, has specific information that a senior government official who will have access to information to be provided under this Treaty is engaged in a felony, including the facilitation of the production or distribution of illegal drugs. (2) Supremacy of the constitution.¿ Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-7,105,7,AGREEMENT WITH HONG KONG ON TRANSFER OF SENTENCED PERSONS,Extradition and Criminal Assistance,1997-05-05T00:00:00Z,,Hong Kong,"105-7, HONG KONG, SENTENCED PERSONS, T. DOC. 105-7, TRANSFER OF SENTENCED PERSONS","[105] TreatyRes. 45 for Treaty Doc.105 - 7

" 105-4,105,4,"INTERNATIONAL GRAINS AGREEMENT, 1995",Commercial,1997-04-07T00:00:00Z,,,"105-04, 105-4, FOOD AID CONVENTION, GRAINS, GRAINS TRADE CONVENTION, INTERNATIONAL GRAINS AGREEMENT, T.DOC. 105-04, T.DOC. 105-4","[105] TreatyRes. 37 for Treaty Doc.105 - 4

As approved: Resolved, (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of The Grains Trade Convention and Food Aid Convention Constituting the International Grains Agreement, 1995, signed by the United States on June 26, 1995 (Treaty Doc. 105-4), subject to the declaration of subsection (a), and the proviso of subsection (b). (a) Declaration. ¿ The advice and consent of the Senate is subject to the following declaration. Treaty Interpretation. ¿ The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997. (a) Proviso.¿ The resolution of ratification is subject to the following proviso, which shall be binding on the President: Supremacy of the Constitution.¿ Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-5,105,5,FLANK DOCUMENT AGREEMENT TO THE CFE TREATY,Arms Control,1997-04-07T00:00:00Z,,,"105-05, 105-5, CFE, CFE TREATY, CONVENTIONAL FORCES IN EUROPE, FLANK, FLANK AGREEMENT, FLANK DOCUMENT, T.DOC. 105-5","[105] TreatyRes. 3 for Treaty Doc.105 - 5

As approved:

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

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO CONDITIONS.

The Senate advises and consents to the ratification of the CFE Flank Document (as defined in section 3 of this resolution), subject to the conditions in section 2.

SEC. 2. CONDITIONS.

The Senate's advice and consent to the ratification of the CFE Flank Document is subject to the following conditions, which shall be binding upon the President:

(1) Policy of the united states.—Nothing in the CFE Flank Document shall be construed as altering the policy of the United States to achieve the immediate and complete withdrawal of any armed forces and military equipment under the control of the Russian Federation that are deployed on the territories of the independent states of the former Soviet Union (as defined in section 3 of the FREEDOM Support Act) without the full and complete agreement of those states.

(2) Violations of state sovereignty.—

(A) Finding.—The Senate finds that armed forces and military equipment under the control of the Russian Federation are currently deployed on the territories of States Parties without the full and complete agreement of those States Parties.

(B) Initiation of discussions.—The Secretary of State should, as a priority matter, initiate discussions with the relevant States Parties with the objective of securing the immediate withdrawal of all armed forces and military equipment under the control of the Russian Federation deployed on the territory of any State Party without the full and complete agreement of that State Party.

(C) Statement of policy.—Prior to the deposit of the United States instrument of ratification, the President shall certify to the Senate that the United States and the governments of Belgium, Canada, Denmark, France, Germany, Greece, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Turkey, and the United Kingdom have issued a joint statement affirming that—

(i) the CFE Flank Document does not give any State Party the right to station (under Article IV, paragraph 5 of the Treaty) or temporarily deploy (under Article V, paragraphs 1 (B) and (C) of the Treaty) conventional armaments and equipment limited by the Treaty on the territory of other States Parties to the Treaty without the freely expressed consent of the receiving State Party;

(ii) the CFE Flank Document does not alter or abridge the right of any State Party under the Treaty to utilize fully its declared maximum levels for conventional armaments and equipment limited by the Treaty notified pursuant to Article VII of the Treaty; and

(iii) the CFE Flank Document does not alter in any way the requirement for the freely expressed consent of all States Parties concerned in the exercise of any reallocations envisioned under Article IV, paragraph 3 of the CFE Flank Document.

(3) Facilitation of negotiations.—

(A) United states action.—

(i) In general.—The United States, in entering into any negotiation described in clause (ii) involving the government of Moldova, Ukraine, Azerbaijan, or Georgia, including the support of United States intermediaries in the negotiation, will limit its diplomatic activities to—

(I) achieving the equal and unreserved application by all States Parties of the principles of the Helsinki Final Act, including, in particular, the principle that ""States will respect each other's sovereign equality and individuality as well as all the rights inherent in and encompassed by its sovereignty, including in particular, the right of every State to juridical equality, to territorial integrity, and to freedom and political independence."";

(II) ensuring that Moldova, Ukraine, Azerbaijan, and Georgia retain the right under the Treaty to reject, or accept conditionally, any request by another State Party to temporarily deploy conventional armaments and equipment limited by the Treaty on its territory; and

(III) ensuring the right of Moldova, Ukraine, Azerbaijan, and Georgia to reject, or to accept conditionally, any request by another State Party to reallocate the current quotas of Moldova, Ukraine, Azerbaijan, and Georgia, as the case may be, applicable to conventional armaments and equipment limited by the Treaty and as established under the Tashkent Agreement.

(ii) Negotiations covered.—A negotiation described in this clause is any negotiation conducted pursuant to paragraph (2) or (3) of Section IV of the CFE Flank Document or pursuant to any side statement or agreement related to the CFE Flank Document concluded between the United States and the Russian Federation.

(B) Other agreements.—Nothing in the CFE Flank Document shall be construed as providing additional rights to any State Party to temporarily deploy forces or to reallocate quotas for conventional armaments and equipment limited by the Treaty beyond the rights accorded to all States Parties under the original Treaty and as established under the Tashkent Agreement.

(4) Noncompliance.—

(A) In general.—If the President determines that persuasive information exists that a State Party is in violation of the Treaty or the CFE Flank Document in a manner which threatens the national security interests of the United States, then the President shall—

(i) consult with the Senate and promptly submit to the Senate a report detailing the effect of such actions;

(ii) seek on an urgent basis an inspection of the relevant State Party in accordance with the provisions of the Treaty or the CFE Flank Document with the objective of demonstrating to the international community the act of noncompliance;

(iii) seek, or encourage, on an urgent basis, a meeting at the highest diplomatic level with the relevant State Party with the objective of bringing the noncompliant State Party into compliance;

(iv) implement prohibitions and sanctions against the relevant State Party as required by law;

(v) if noncompliance has been determined, seek on an urgent basis the multilateral imposition of sanctions against the noncompliant State Party for the purposes of bringing the noncompliant State Party into compliance; and

(vi) in the event that noncompliance persists for a period longer than one year after the date of the determination made pursuant to this subparagraph, promptly consult with the Senate for the purposes of obtaining a resolution of support for continued adherence to the Treaty, notwithstanding the changed circumstances affecting the object and purpose of the Treaty.

(B) Authority of director of central intelligence.—Nothing in this section may be construed to impair or otherwise affect the authority of the Director of Central Intelligence to protect intelligence sources and methods from unauthorized disclosure pursuant to section 103(c)(5) of the National Security Act of 1947 (50 U.S.C. 403-3(c)(5)).

(C) Presidential determinations.—If the President determines that an action otherwise required under subparagraph (A) would impair or otherwise affect the authority of the Director of Central Intelligence to protect intelligence sources and methods from unauthorized disclosure, the President shall report that determination, together with a detailed written explanation of the basis for that determination, to the chairmen of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives not later than 15 days after making such determination.

(5) Monitoring and verification of compliance.—

(A) Declaration.—The Senate declares that—

(i) the Treaty is in the interests of the United States only if all parties to the Treaty are in strict compliance with the terms of the Treaty as submitted to the Senate for its advice and consent to ratification, such compliance being measured by performance and not by efforts, intentions, or commitments to comply; and

(ii) the Senate expects all parties to the Treaty, including the Russian Federation, to be in strict compliance with their obligations under the terms of the Treaty, as submitted to the Senate for its advice and consent to ratification.

(B) Briefings on compliance.—Given its concern about ongoing violations of the Treaty by the Russian Federation and other States Parties, the Senate expects the executive branch of Government to offer briefings not less than four times a year to the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives on compliance issues related to the Treaty. Each such briefing shall include a description of all United States efforts in bilateral and multilateral diplomatic channels and forums to resolve compliance issues relating to the Treaty, including a complete description of—

(i) any compliance issues the United States plans to raise at meetings of the Joint Consultative Group under the Treaty;

(ii) any compliance issues raised at meetings of the Joint Consultative Group under the Treaty; and

(iii) any determination by the President that a State Party is in noncompliance with or is otherwise acting in a manner inconsistent with the object or purpose of the Treaty, within 30 days of such a determination.

(C) Annual reports on compliance.—Beginning January 1, 1998, and annually thereafter, the President shall submit to the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives a full and complete classified and unclassified report setting forth—

(i) a certification of those States Parties that are determined to be in compliance with the Treaty, on a country-by-country basis;

(ii) for those countries not certified pursuant to clause (i), an identification and assessment of all compliance issues arising with regard to the adherence of the country to its obligations under the Treaty;

(iii) for those countries not certified pursuant to clause (i), the steps the United States has taken, either unilaterally or in conjunction with another State Party—

(I) to initiate inspections of the noncompliant State Party with the objective of demonstrating to the international community the act of noncompliance;

(II) to call attention publicly to the activity in question; and

(III) to seek on an urgent basis a meeting at the highest diplomatic level with the noncompliant State Party with the objective of bringing the noncompliant State Party into compliance;

(iv) a determination of the military significance of and broader security risks arising from any compliance issue identified pursuant to clause (ii); and

(v) a detailed assessment of the responses of the noncompliant State Party in question to actions undertaken by the United States described in clause (iii).

(D) Annual report on withdrawal of russian armed forces and military equipment.—Beginning January 1, 1998, and annually thereafter, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and to the Speaker of the House of Representatives on the results of discussions undertaken pursuant to subparagraph (B) of paragraph (2), plans for future such discussions, and measures agreed to secure the immediate withdrawal of all armed forces and military equipment in question.

(E) Annual report on uncontrolled treaty-limited equipment.—Beginning January 1, 1998, and annually thereafter, the Director of Central Intelligence shall submit to the Committees on Foreign Relations, Armed Services, and the Select Committee on Intelligence of the Senate and to the Speaker of the House of Representatives a full and complete classified and unclassified report regarding—

(i) the status of uncontrolled conventional armaments and equipment limited by the Treaty, on a region-by-region basis within the Treaty's area of application;

(ii) the status of uncontrolled conventional armaments and equipment subject to the Treaty, on a region-by-region basis within the Treaty's area of application; and

(iii) any information made available to the United States Government concerning the transfer of conventional armaments and equipment subject to the Treaty within the Treaty's area of application made by any country to any subnational group, including any secessionist movement or any terrorist or paramilitary organization.

(F) Compliance report on Armenia and other parties in the caucasus region.—Not later than August 1, 1997, the President shall submit to the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives a full and complete classified and unclassified report regarding—

(i) whether Armenia was in compliance with the Treaty in allowing the transfer of conventional armaments and equipment limited by the Treaty through Armenian territory to the secessionist movement in Azerbaijan;

(ii) whether other States Parties located in the Caucasus region are in compliance with the Treaty; and

(iii) if Armenia is found not to have been in compliance under clause (i), or, if any other State Party is found not to be in compliance under clause (ii), what actions the President has taken to implement sanctions as required by chapter 11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.; relating to assistance to the independent states of the former Soviet Union) or other provisions of law.

(G) Report on destruction of equipment east of the urals.—Not later than January 1, 1998, the President shall submit to the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives a full and complete classified and unclassified report regarding—

(i) whether the Russian Federation is fully implementing on schedule all agreements requiring the destruction of conventional armaments and equipment subject to the Treaty but for the withdrawal of such armaments and equipment by the Soviet Union from the Treaty's area of application prior to the Soviet Union's deposit of its instrument of ratification of the Treaty; and

(ii) whether any of the armaments and equipment described under clause (i) have been redeployed, reintroduced, or transferred into the Treaty's area of application and, if so, the location of such armaments and equipment.

(H) Definitions.—

(i) Uncontrolled conventional armaments and equipment limited by the treaty.—The term ""uncontrolled conventional armaments and equipment limited by the Treaty"" means all conventional armaments and equipment limited by the Treaty not under the control of a State Party that would be subject to the numerical limitations set forth in the Treaty if such armaments and equipment were directly under the control of a State Party.

(ii) Uncontrolled conventional armaments and equipment subject to the Treaty.—The term ""uncontrolled conventional armaments and equipment subject to the Treaty"" means all conventional armaments and equipment described in Article II(1)(Q) of the Treaty not under the control of a State Party that would be subject to information exchange in accordance with the Protocol on Information Exchange if such armaments and equipment were directly under the control of a State Party.

(6) Application and effectiveness of senate advice and consent.—

(A) In general.—The advice and consent of the Senate in this resolution shall apply only to the CFE Flank Document and the documents described in subparagraph (D).

(B) Presidential certification.—Prior to the deposit of the United States instrument of ratification, the President shall certify to the Senate that, in the course of diplomatic negotiations to secure accession to, or ratification of, the CFE Flank Document by any other State Party, the United States will vigorously reject any effort by a State Party to—

(i) modify, amend, or alter a United States right or obligation under the Treaty or the CFE Flank Document, unless such modification, amendment, or alteration is solely an extension of the period of provisional application of the CFE Flank Document or a change of a minor administrative or technical nature;

(ii) secure the adoption of a new United States obligation under, or in relation to, the Treaty or the CFE Flank Document, unless such obligation is solely of a minor administrative or technical nature; or

(iii) secure the provision of assurances, or endorsement of a course of action or a diplomatic position, inconsistent with the principles and policies established under conditions (1), (2), and (3) of this resolution.

(C) Substantive modifications.—Any subsequent agreement to modify, amend, or alter the CFE Flank Document shall require the complete resubmission of the CFE Flank Document, together with any modification, amendment, or alteration made thereto, to the Senate for advice and consent to ratification, if such modification, amendment, or alteration is not solely of a minor administrative or technical nature.

(D) Status of other documents.—

(i) In general.—The following documents are of the same force and effect as the provisions of the CFE Flank Document:

(I) Understanding on Details of the CFE Flank Document of 31 May 1996 in Order to Facilitate its Implementation.

(II) Exchange of letters between the United States Chief Delegate to the CFE Joint Consultative Group and the Head of Delegation of the Russian Federation to the Joint Consultative Group, dated July 25, 1996.

(ii) Status of inconsistent actions.—The United States shall regard all actions inconsistent with obligations under those documents as equivalent under international law to actions inconsistent with the CFE Flank Document or the Treaty, or both, as the case may be.

(7) Modifications of the cfe flank zone.—Prior to the deposit of the United States instrument of ratification, the President shall certify to Congress that any subsequent agreement to modify, revise, amend, or alter the boundaries of the CFE flank zone, as delineated by the map entitled ""Revised CFE Flank Zone"" submitted by the President to the Senate on April 7, 1997, shall require the submission of such agreement to the Senate for its advice and consent to ratification, if such changes are not solely of a minor administrative or technical nature.

(8) Treaty interpretation.—

(A) Principles of treaty interpretation.—The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in condition (1) in the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988.

(B) Construction of senate resolution of ratification.—Nothing in condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, shall be construed as authorizing the President to obtain legislative approval for modifications or amendments to treaties through majority approval of both Houses.

(C) Definition.—As used in this paragraph, the term ""INF Treaty"" refers to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter Range Missiles, together with the related memorandum of understanding and protocols, done at Washington on December 8, 1987.

(9) Senate prerogatives on multilateralization of the abm treaty.—

(A) Findings.—The Senate makes the following findings:

(i) Section 232 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337) states that ""the United States shall not be bound by any international agreement entered into by the President that would substantively modify the ABM Treaty unless the agreement is entered pursuant to the treaty making power of the President under the Constitution"".

(ii) The conference report accompanying the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201) states ""...the accord on ABM Treaty succession, tentatively agreed to by the administration, would constitute a substantive change to the ABM Treaty, which may only be entered into pursuant to the treaty making power of the President under the Constitution"".

(B) Certification required.—Prior to the deposit of the United States instrument of ratification, the President shall certify to the Senate that he will submit for Senate advice and consent to ratification any international agreement—

(i) that would add one or more countries as States Parties to the ABM Treaty, or otherwise convert the ABM Treaty from a bilateral treaty to a multilateral treaty; or

(ii) that would change the geographic scope or coverage of the ABM Treaty, or otherwise modify the meaning of the term ""national territory"" as used in Article VI and Article IX of the ABM Treaty.

(C) ABM treaty defined.—For the purposes of this resolution, the term ""ABM Treaty"" means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems, signed in Moscow on May 26, 1972, with related protocol, signed in Moscow on July 3, 1974.

(10) Accession to the cfe treaty.—The Senate urges the President to support a request to become a State Party to the Treaty by—

(A) any state within the territory of the Treaty's area of application as of the date of signature of the Treaty, including Lithuania, Estonia, and Latvia; and

(B) the Republic of Slovenia.

(11) Temporary deployments.—Prior to the deposit of the United States instrument of ratification, the President shall certify to the Senate that the United States has informed all other States Parties to the Treaty that the United States—

(A) will continue to interpret the term ""temporary deployment"", as used in the Treaty, to mean a deployment of severely limited duration measured in days or weeks or, at most, several months, but not years;

(B) will pursue measures designed to ensure that any State Party seeking to utilize the temporary deployments provision of the Treaty will be required to furnish the Joint Consultative Group established by the Treaty with a statement of the purpose and intended duration of the deployment, together with a description of the object of verification and the location of origin and destination of the relevant conventional armaments and equipment limited by the Treaty; and

(i) to justify military deployments on a permanent basis; or

(ii) to justify military deployments without the full and complete agreement of the State Party upon whose territory the armed forces or military equipment of another State Party are to be deployed.

(12) Military acts of intimidation.—It is the policy of the United States to treat with the utmost seriousness all acts of intimidation carried out against any State Party by any other State Party using any conventional armament or equipment limited by the Treaty.

(13) Supplementary inspections.—The Senate understands that additional supplementary declared site inspections may be conducted in the Russian Federation in accordance with Section V of the CFE Flank Document at any object of verification under paragraph 3(A) or paragraph 3(B) of Section V of the CFE Flank Document, without regard to whether a declared site passive quota inspection pursuant to paragraph 10(D) of Section II of the Protocol on Inspection has been specifically conducted at such object of verification in the course of the same year.

(14) Designated permanent storage sites.—

(A) Finding.—The Senate finds that removal of the constraints of the Treaty on designated permanent storage sites pursuant to paragraph 1 of Section IV of the CFE Flank Document could introduce into active military units within the Treaty's area of application as many as 7,000 additional battle tanks, 3,400 armored combat vehicles, and 6,000 pieces of artillery, which would constitute a significant change in the conventional capabilities of States Parties within the Treaty's area of application.

(B) Specific report.—Prior to the agreement or acceptance by the United States of any proposal to alter the constraints of the Treaty on designated permanent storage sites, but not later than January 1, 1998, the President shall submit to the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives a full and complete classified and unclassified report setting forth—

(i) a detailed explanation of how additional Treaty-limited equipment will be allocated among States Parties;

(ii) a detailed assessment of the location and uses to which the Russian Federation will put additional Treaty-limited equipment; and

(iii) a detailed and comprehensive justification of the means by which introduction of additional battle tanks, armored combat vehicles, and pieces of artillery into the Treaty's area of application furthers United States national security interests.

SEC. 3. DEFINITIONS.

As used in this resolution:

(1) Area of application.—The term ""area of application"" has the same meaning as set forth in subparagraph (B) of paragraph 1 of Article II of the Treaty.

(2) CFE flank document.—The term ""CFE Flank Document"" means the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe (CFE) of November 19, 1990, adopted at Vienna on May 31, 1996 (Treaty Doc. 105-5).

(3) Conventional armaments and equipment limited by the treaty; Treaty-limited equipment.—The terms ""conventional armaments and equipment limited by the Treaty"" and ""Treaty-limited equipment"" have the meaning set forth in subparagraph (J) of paragraph 1 of Article II of the Treaty.

(4) Flank region.—The term ""flank region"" means that portion of the Treaty's area of application defined as the flank zone by the map depicting the territory of the former Soviet Union within the Treaty's area of application that was provided by the former Soviet Union upon the date of signature of the Treaty.

(5) Full and complete agreement.—The term ""full and complete agreement"" means agreement achieved through free negotiations between the respective States Parties with full respect for the sovereignty of the State Party upon whose territory the armed forces or military equipment under the control of another State Party is deployed.

(6) Free negotiations.—The term ""free negotiations"" means negotiations with a party that are free from coercion or intimidation.

(7) Helsinki final act.—The term ""Helsinki Final Act"" refers to the Final Act of the Helsinki Conference on Security and Cooperation in Europe of August 1, 1975.

(8) Protocol on information exchange.—The term ""Protocol on Information Exchange"" means the Protocol on Notification and Exchange of Information of the CFE Treaty, together with the Annex on the Format for the Exchange of Information of the CFE Treaty.

(9) State party.—Except as otherwise expressly provided, the term ""State Party"" means any nation that is a party to the Treaty.

(10) Tashkent agreement.—The term ""Tashkent Agreement"" means the agreement between Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Moldova, Russia, and Ukraine establishing themselves as successor states to the Soviet Union under the CFE Treaty, concluded at Tashkent on May 15, 1992.

(11) Treaty.—The term ""Treaty"" means the Treaty on Conventional Armed Forces in Europe, done at Paris on November 19, 1990.

(12) United states instrument of ratification.—The term ""United States instrument of ratification"" means the instrument of ratification of the United States of the CFE Flank Document.

" 105-3,105,3,AGREEMENT WITH HONG KONG FOR THE SURRENDER OF FUGITIVE OFFENDERS,International Law,1997-03-03T00:00:00Z,,Hong Kong,"105-3, EXTRADITION, FUGITIVE OFFENDERS, HONG KONG, SURRENDER OF FUGITIVE, T.DOC. 105-3","[105] TreatyRes. 15 for Treaty Doc.105 - 3

As approved, Resolved, (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Agreement Between the Government of the United States of America and the Government of Hong Kong for the Surrender of Fugitive Offenders signed at Hong Kong on December 20, 1996 (Treaty Doc. 105-3), subject to the understandings of subsection (a), the declarations of subsection (b), and the proviso of subsection (c).

(a) UNDERSTANDINGS.-- The Senate's advice and consent is subject to the following two understandings, which shall be included in the instrument of ratification, and shall be binding on the President:

(1) THIRD PARTY TRANSFERS.-- The United States understands that Article 16(2) permits the transfer of persons surrendered to Hong Kong under this Agreement beyond the jurisdiction of Hong Kong when the United States so consents, but that the United States will not apply Article 16(2) of the Agreement to permit the transfer of persons surrendered to the Government of Hong Kong to any other jurisdiction in the People's Republic of China. unless the person being surrendered consents to the transfer.

(2) HONG KONG COURTS' POWER OF FINAL ADJUDICATION.-- The United States understands that Hong Kong's courts have the power of final adjudication over all matters within Hong Kong's autonomy as guaranteed in the 1984 Sino-British Joint Declaration on the Question of Hong Kong, signed on December 19,1984, and ratified on May 27, 1985. The United States expects that any exceptions to the jurisdiction of the Hong Kong courts for acts of state shall be construed narrowly. The United States understands that the exemption for acts of state does not diminish the responsibilities of the Hong Kong authorities with respect to extradition or the rights of an individual to a fair trial in Hong Kong courts. Any attempt by the Government of Hong Kong or the Government of the People's Republic of China to curtail the jurisdiction and power of final adjudication of the Hong Kong courts may be considered grounds for withdrawal from the Agreement.

(b)DECLARATIONS.-- The Senate's advice and consent is subject to the following two declarations, which shall be binding on the President:

(1)REPORT ON THE HONG KONG JUDICIAL SYSTEM.-- One year after entry into force, the Secretary of State, in coordination with the Attorney General, shall prepare and submit a report to the Committee on Foreign Relations that addresses the following issues during the period after entry into force of the Agreement:

(i)an assessment of the independence of the Hong Kong judicial system from the Government of the People's Republic of China, including a summary of any instances in which the Government of the People's Republic of China has infringed upon the independence of the Hong Kong judiciary;

(ii) an assessment of the due process accorded all persons under the jurisdiction of the Government of Hong Kong;

(iii) an assessment of the due process accorded persons extradited to Hong Kong by the United States;

(iv) an accounting of the citizenship and number of persons extradited to Hong Kong from the United States, and the citizenship and number of persons extradited to the United States from Hong Kong;

(v) an accounting of the destination of third party transfer of persons who were originally extradited from the United States, and the citizenship of those persons;

(vi) a summary of the types of crimes for which persons have been extradited between the United States and Hong Kong;

(2)TREATY INTERPRETATION.--The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification with respect to the INF Treaty.

(c)PROVISO.-- The resolution of ratification is subject to the following proviso, which shall not be included in the instrument of ratification to be signed by the President:

(1)SUPREMACY OF THE CONSTITUTION.--Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-2,105,2,TAXATION CONVENTION WITH THAILAND,Taxation,1997-01-28T00:00:00Z,,Thailand,"105-2, T.DOC. 105-2, TAXATION, TAXATION CONVENTION WITH THAILAND, THAILAND","[108] TreatyRes. 5 for Treaty Doc.105 - 2

As approved:

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

That the Senate advise and consent to the ratification of the Convention between the Government of the United States of America and the Government of the Kingdom of Thailand for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, signed at Bangkok. November 26, 1996 (Treaty Doc. 105-2), subject to the declaration of subsection (a); and the proviso of subsection (b).

(a) DECLARATION. - The Senate's advice and consent is subject to the following declaration, which shall be binding on the President:

(1) TREATY INTERPRETATION. - The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (8) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997.

(b) PROVISO.- The resolution of ratification is subject to the following proviso, which shall be binding on the President:

(1) SUPREMACY OF THE CONSTITUTION. - Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.

" 105-1-A,105,1,PROTOCOLS TO THE 1980 CONVENTIONAL WEAPONS CONVENTION,Arms Control,1997-01-07T00:00:00Z,,,"105-1, 1980 CONVENTIONAL WEAPONS CONVENTION, CONVENTIONAL WEAPONS, T.DOC. 105-1, WEAPONS", 105-1-B,105,1,PROTOCOLS TO THE 1980 CONVENTIONAL WEAPONS CONVENTION,Arms Control,1997-01-07T00:00:00Z,,,"105-1, 1980 CONVENTIONAL WEAPONS CONVENTION, CONVENTIONAL WEAPONS, T.DOC. 105-1, WEAPONS", 105-1-C,105,1,PROTOCOLS TO THE 1980 CONVENTIONAL WEAPONS CONVENTION,Arms Control,1997-01-07T00:00:00Z,,,"105-1, 1980 CONVENTIONAL WEAPONS CONVENTION, CONVENTIONAL WEAPONS, T.DOC. 105-1, WEAPONS", 105-1,105,1,PROTOCOLS TO THE 1980 CONVENTIONAL WEAPONS CONVENTION,Arms Control,1997-01-07T00:00:00Z,,,"105-1, 1980 CONVENTIONAL WEAPONS CONVENTION, CONVENTIONAL WEAPONS, T.DOC. 105-1, WEAPONS",