id,congress,number,title,topic,transmitted_date,in_force_date,countries,index_terms,resolution_text 107-21,107,21,Convention on Supplementary Compensation on Nuclear Damage,International Law and Organization,2002-11-15T00:00:00Z,,,"107-21, compensation, damage, nuclear","[109] TreatyRes. 14 for Treaty Doc.107 - 21

As recommended by the Committee on Foreign Relations:

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

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

The Senate advises and consents to the ratification of the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997 (Treaty Doc. 107-21), subject to the declaration in section 2, and the condition in section 3.

SECTION 2. DECLARATION.

The advice and consent of the Senate under section 1 is subject to the following declaration, which shall be included in the United States instrument of ratification:

As provided for in paragraph 3 of Article XVI, the United States of America declares that it does not consider itself bound by either of the dispute settlement procedures provided for in paragraph 2 of that Article, but reserves the right in a particular case to agree to follow the dispute settlement procedures of the Convention or any other procedures.

SECTION 3. CONDITION.

The advice and consent of the Senate under section 1 is subject to the following condition:

Not later than 180 days after entry into force of the Convention for the United States, and annually thereafter for four additional years, the Secretary of State shall submit a report to the Committees on Energy and Natural Resources and Foreign Relations of the Senate, and the Committees on Energy and Commerce and International Relations of the House of Representatives that includes the following:

(A) Ratification._A list of countries that have become a Contracting Party to the Convention and the dates of entry into force for each country.

(B) Domestic Legislation._A description of the domestic laws enacted by each Contracting Party to the Convention that implement the obligations under Article III of the Convention.

(C) U.S. Diplomacy._A description of United States diplomatic efforts to encourage other nations to become Contracting Parties to the Convention, particularly those nations that have signed it.

" 107-19,107,19,Convention with Great Britain and Northern Ireland regarding Double Taxation and Prevention of Fiscal Evasion,Taxation,2002-11-14T00:00:00Z,,,"Great Britain, Ireland, capital gains, fiscal evasion, taxation, taxes","[108] TreatyRes. 2 for Treaty Doc.107 - 19

As recommended by Committee on Foreign Relations:

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 United Kingdom of Great Britain and Northern Ireland for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital Gains, signed at London on July 24, 2001, together with an Exchange of Notes, as amended by the Protocol signed at Washington on July 19, 2002 (Treaty Doc. 107–19).

" 107-20,107,20,Protocol Amending Convention with Australia Regarding Double Taxation and Prevention of Fiscal Evasion,Taxation,2002-11-14T00:00:00Z,,,"107-20, Australia, evasion, fiscal, income, taxation, taxes","[108] TreatyRes. 3 for Treaty Doc.107 - 20

As recommended by Committee on Foreign Relations:

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

That the Senate advise and consent to the ratification of the Protocol Amending the Convention Between the Government of the United States of America and the Government of Australia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, signed at Canberra on September 27, 2001 (Treaty Doc. 107–20).

" 107-18,107,18,Inter-American Convention Against Terrorism,Terrorism,2002-11-12T00:00:00Z,,,"107-18, Inter-American, OAS, Organization of American States, Terrorism","[109] TreatyRes. 3 for Treaty Doc.107 - 18

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO UNDERSTANDING

The Senate advises and consents to the ratification of the Inter-American Convention Against Terrorism (the “Convention”), adopted at the thirty-second regular session of the General Assembly of the Organization of American States meeting in Bridgetown, Barbados, and signed by the United States on June 3, 2002 (Treaty Doc. 107-18), subject to the understanding in Section 2.

SECTION 2. UNDERSTANDING.

The advice and consent of the Senate under section 1 is subject to the following understanding, which shall be included in the United States instrument of ratification:

The United States of America understands that the term “international humanitarian law” in paragraph 2 of Article 15 of the Convention has the same substantive meaning as the law of war.As approved

" 107-17,107,17,Partial Revision (1992) of Radio Regulations (Geneva 1979),Investment,2002-09-30T00:00:00Z,,,"107-17, 1992 partial revision, frequency allocations, radio, radio regulations","[110] TreatyRes. 17 for Treaty Doc.107 - 17

As approved:

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

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO RESERVATIONS AND DECLARATIONS.

The Senate advises and consents to the ratification of the 1992 Partial Revision of the Radio Regulations (Geneva, 1979), with appendices, signed by the United States at Malaga-Torremolinos on March 3, 1992, as contained in the Final Acts of the World Administrative Radio Conference for Dealing with Frequency Allocations in Certain Parts of the Spectrum (WARC 0992) (the ""1992 Final Acts'') (Treaty Doc. 107-17), subject to declarations and reservations Nos. 67, 79, and 80 of the 1992 Final Acts and the declaration of section 2.

SECTION 2. DECLARATION

The advice and consent of the Senate under section 1 is subject to the following declaration:

This Treaty is not self-executing.

" 107-16,107,16,Treaty with Liechtenstein on Mutual Legal Assistance in Criminal Matters,Extradition and Criminal Assistance,2002-09-05T00:00:00Z,,Liechtenstein,"107-16, Liechtenstein, criminal, criminal matters, legal, legal assistance", 107-15,107,15,"Treaty with Honduras for Return of Stolen, Robbed, and Embezzled Vehicles and Aircraft, with Annexes and Exchange of Notes",Extradition and Criminal Assistance,2002-09-03T00:00:00Z,,Honduras,"107-15, Honduras, aircraft, embezzled, robbed, stolen, vehicles","[107] TreatyRes. 16 for Treaty Doc.107 - 15

As approved:

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 Honduras for the Return of Stolen, Robbed, or Embezzled Vehicles and Aircraft, with Annexes and a related exchange of notes, signed at Tegucigalpa on November 23, 2001 (Treaty Doc. 107-15).

" 107-14,107,14,Protocol to Amend the Convention for Unification of Certain Rules Relating to International Carriage by Air,Aviation,2002-07-31T00:00:00Z,,,"107-14, International Carriage by Air, T.Doc. 107-14, The Hague Protocol, Ex. Rept. 108-8","[108] TreatyRes. 11 for Treaty Doc.107 - 14

As approved by the Senate:

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

That the Senate advise and consent to the ratification of the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on October 12, 1929, done at The Hague on September 28, 1955 (T. Doc. 107-14).

" 107-12,107,12,Treaty with Sweden on Mutual Legal Assistance in Criminal Matters,Extradition and Criminal Assistance,2002-07-15T00:00:00Z,,Sweden,"107-12, Ex. Rept. 110-13, Sweden, criminal, legal, mutual legal assistance","[110] TreatyRes. 30 for Treaty Doc.107 - 12

As approved:

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

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

The Senate advises and consents to the ratification of the Treaty between the Government of the United States of America and the Government of the Kingdom of Sweden on Mutual Legal Assistance in Criminal Matters, signed at Stockholm on December 17, 2001 (Treaty Doc. 107-12), subject to the declaration of section 2.

SECTION 2. DECLARATION

The advice and consent of the Senate under section 1 is subject to the following declaration:

This Treaty is self-executing.

" 107-13,107,13,Treaty with Belize on Mutual Legal Assistance in Criminal Matters,Extradition and Criminal Assistance,2002-07-15T00:00:00Z,,Belize,"107-13, Belize, criminal, legal, mutual legal assistance","[107] TreatyRes. 21 for Treaty Doc.107 - 13

As approved:

Section 1. Advice and Consent to Ratification of the Treaty with Belize on Mutual Legal Assistance in Criminal Matters, subject to an understanding and conditions.

The Senate advises and consents to the ratification of the Treaty Between the Government of the United States of America and the Government of Belize on Mutual Legal Assistance in Criminal Matters, signed at Belize, on September 19, 2000, and a related exchange of notes (Treaty Doc. 107-13; in this resolution referred to as the ""Treaty""), subject to the understanding in section 2 and the conditions in section 3.

Section 2. Understanding.

The advice and consent of the Senate under section 1 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 that 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 unless the treaty establishing the Court has entered into force for the United States by and with the advice of the Senate in accordance with Article II, Section 2 of the United States Constitution, or unless the President has waived any applicable prohibition on provision of such assistance in accordance with applicable United States law.

Section 3. Conditions.

The advice and consent of the Senate under section 1 is subject to the following conditions:

(1) Limitation on Assistance. - Pursuant to the right of the United States under the Treaty to deny legal assistance that would prejudice the essential public policy or interests of the United States, the United States shall deny any request for such assistance if the Central Authority of the United States (as designated in Article 2(2) of the Treaty), after consultation with all appropriate intelligence, anti-narcotic, and foreign policy agencies, has specific information that a senior Government official of the requesting party who will have access to information to be provided as part of such assistance 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 that is prohibited by the Constitution of the United States as interpreted by the United States.

" 107-10,107,10,Agreement with Russian Federation concerning Polar Bear Population,Fisheries and Wildlife,2002-07-11T00:00:00Z,,,"107-10, Russian Federation, conservation, polar bear, population, Ex.Rept. 108-7","[108] TreatyRes. 12 for Treaty Doc.107 - 10

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

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

The Senate advises and consents to the ratification of the Agreement Between the Government of the United States of America and the Government of the Russian Federation on the Conservation and Management of the Alaska-Chukotka Polar Bear Population, done at Washington October 16, 2000 (T. Doc. 107-10), in this resolution referred to as the ""Agreement""), subject to the condition in section 2.

SEC. 2. CONDITION.

The advice and consent of the Senate to the ratification of the Agreement is subject to the condition that the Secretary of State shall promptly notify the Committee on Environment and Public Works and the Committee on Foreign Relations of the Senate in any instance that, pursuant to Article 3 of the Agreement, the Contracting Parties modify the area to which the Agreement applies. Any such notice shall include the text of the modification and information regarding the reasons for the modification.

" 107-11,107,11,Second Protocol Amending Extradition Treaty with Canada,Extradition and Criminal Assistance,2002-07-11T00:00:00Z,,,"107-11, Canada, amending, extradition, protocol, second protocol","[107] TreatyRes. 17 for Treaty Doc.107 - 11

As approved:

That the Senate advise and consent to the ratification of the Second Protocol Amending the Treaty on Extradition Between the Government of the United States of America and the Government of Canada, signed at Ottawa on January 12, 2001 (Treaty Doc. 107-11).

" 107-9,107,9,Treaty with Ireland on Mutual Legal Assistance in Criminal Matters,Extradition and Criminal Assistance,2002-07-11T00:00:00Z,,Ireland,"107-9, Ireland, criminal, criminal matters, legal, legal assistance", 107-8,107,8,The Moscow Treaty,Arms Control,2002-06-20T00:00:00Z,,Russia,"107-8, Moscow, Moscow Treaty, T.Doc., offensive, reductions, strategic","

As approved by the Senate:


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


SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO CONDITIONS AND DECLARATIONS.


The Senate advises and consents to the ratification of the Treaty Between the United States of America and the Russian Federation on Strategic Offensive Reductions (T. Doc. 107-8, in this resolution referred to as the ""Moscow Treaty"" or ""Treaty""), subject to the conditions in section 2 and declarations in section 3.


SEC. 2. CONDITIONS.


The advice and consent of the Senate to the ratification of the Moscow Treaty is subject to the following conditions, which shall be binding on the President:


(1) Report on the role of cooperative threat reduction and nonproliferation assistance.-Recognizing that implementation of the Moscow Treaty is the sole responsibility of each party, not later than 60 days after the exchange of instruments of ratification of the Treaty, and annually thereafter on February 15, the President shall submit to the Committee on Foreign Relations and the Committee on Armed Services of the Senate a report and recommendations on how United States Cooperative Threat Reduction assistance to the Russian Federation can best contribute to enabling the Russian Federation to implement the Treaty efficiently and maintain the security and accurate accounting of its nuclear weapons and weapons-usable components and material in the current year. The report shall be submitted in both unclassified and, as necessary, classified form.


(2) Annual implementation report.- Not later than 60 days after exchange of instruments of ratification of the Treaty, and annually thereafter on April 15, the President shall submit to the Committee on Foreign Relations and the Committee on Armed Services of the Senate a report on implementation of the Treaty by the United States and the Russian Federation. This report shall be submitted in both unclassified and, as necessary, classified form and shall include-


(A) a listing of strategic nuclear weapons force levels of the United States, and a best estimate of the strategic nuclear weapons force levels of the Russian Federation, as of December 31 of the preceding calendar year;


(B) a detailed description, to the extent possible, of strategic offensive reductions planned by each party for the current calendar year;


(C) to the extent possible, the plans of each party for achieving by December 31, 2012, the strategic offensive reductions required by Article I of the Treaty;


(D) measures, including any verification or transparency measures, that have been taken or have been proposed by a party to assure each party of the other party's continued intent and ability to achieve by December 31, 2012, the strategic offensive reductions required by Article I of the Treaty;


(E) information relevant to implementation of this Treaty that has been learned as a result of Strategic Arms Reduction Treaty (START) verification measures, and the status of consideration of extending the START verification regime beyond December 2009;


(F) any information, insufficiency of information, or other situation that may call into question the intent or the ability of either party to achieve by December 31, 2012, the strategic offensive reductions required by Article I of the Treaty; and


(G) any actions that have been taken or have been proposed by a party to address concerns listed pursuant to subparagraph (F) or to improve the implementation and effectiveness of the Treaty.


SEC. 3. DECLARATIONS.


The advice and consent of the Senate to the ratification of the Moscow Treaty is subject to the following declarations, which express the intent of the Senate:


(1) Treaty interpretation. - The Senate reaffirms condition (8) of the resolution of ratification of 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), approved by the Senate on May 14, 1997, relating to condition (1) of the resolution of ratification of the Intermediate-Range Nuclear Forces (INF) Treaty, approved by the Senate on May 27, 1988.


(2) Further strategic arms reductions.- The Senate encourages the President to continue strategic offensive reductions to the lowest possible levels consistent with national security requirements and alliance obligations of the United States.


(3) Bilateral implementation issues.- The Senate expects the executive branch of the Government to offer regular briefings, including consultations before meetings of the Bilateral Implementation Commission, to the Committee on Foreign Relations and the Committee on Armed Services of the Senate on any implementation issues related to the Moscow Treaty. Such briefings shall include a description of all efforts by the United States in bilateral forums and through diplomatic channels with the Russian Federation to resolve any such issues and shall include a description of-


(A) the issues raised at the Bilateral Implementation Commission, within 30 days after such meetings;


(B) any issues related to implementation of this Treaty that the United States is pursuing in other channels, including the Consultative Group for Strategic Security established pursuant to the Joint Declaration of May 24, 2002, by the Presidents of the United States and the Russian Federation; and


(C) any Presidential determination with respect to issues described in subparagraphs (A) and (B).


(4) Nonstrategic nuclear weapons.- Recognizing the difficulty the United States has faced in ascertaining with confidence the number of nonstrategic nuclear weapons maintained by the Russian Federation and the security of those weapons, the Senate urges the President to engage the Russian Federation with the objectives of-


(A) establishing cooperative measures to give each party to the Treaty improved confidence regarding the accurate accounting and security of nonstrategic nuclear weapons maintained by the other party; and


(B) providing United States or other international assistance to help the Russian Federation ensure the accurate accounting and security of its nonstrategic nuclear weapons.


(5) Achieving reductions.- Recognizing the transformed relationship between the United States and the Russian Federation and the significantly decreased threat posed to the United States by the Russian Federation's strategic nuclear arsenal, the Senate encourages the President to accelerate United States strategic force reductions, to the extent feasible and consistent with United States national security requirements and alliance obligations, in order that the reductions required by Article I of the Treaty may be achieved prior to December 31, 2012.


(6) Consultations.- Given the Senate's continuing interest in this Treaty and in continuing strategic offensive reductions to the lowest possible levels consistent with national security requirements and alliance obligations of the United States, the Senate urges the President to consult with the Senate prior to taking actions relevant to paragraphs 2 or 3 of Article IV of the Treaty.






" 107-7,107,7,The Protocol to the Agreement of the International Atomic Energy Agency Regarding Safeguards in the United States,Arms Control,2002-05-09T00:00:00Z,,,"107-7, International Atomic Energy Agency, T.Doc. 107-7, nuclear","[108] TreatyRes. 21 for Treaty Doc.107 - 7

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

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO CONDITIONS AND UNDERSTANDINGS.

The Senate advises and consents to the ratification of the Protocol Additional to the Agreement between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America, with Annexes, signed at Vienna June 12, 1998 (T. Doc. 107-7) subject to the conditions in section 2 and the understandings in section 3.

SEC. 2. CONDITIONS.

The advice and consent of the Senate under section 1 is subject to the following conditions, which shall be binding upon the President:

(1) Certifications regarding the National Security Exclusion, managed access, and declared locations.- Prior to the deposit of the United States instrument of ratification, the President shall certify to the appropriate congressional Committees that, not later than 180 days after the deposit of the United States instrument of ratification-

(A) all necessary regulations will be promulgated and will be in force regarding the use of the National Security Exclusion under Article 1.b of the Additional Protocol, and that such regulations shall be made in accordance with the principles developed for the application of the National Security Exclusion;

(B) the managed access provisions of Articles 7 and 1.c of the Additional Protocol shall be implemented in accordance with the appropriate and necessary inter-agency guidance and regulation regarding such access; and

(C) the necessary security and counter-intelligence training and preparation will have been completed for any declared locations of direct national security significance.

(2) Certification regarding site vulnerability assessments.- Prior to the deposit of the United States instrument of ratification, the President shall certify to the appropriate congressional Committees that the necessary site vulnerability assessments regarding activities, locations, and information of direct national security significance to the United States will be completed not later than 180 days after the deposit of the United States instrument of ratification for the initial United States declaration to the International Atomic Energy Agency (in this resolution referred to as the ""Agency"") under the Additional Protocol.

SEC. 3. UNDERSTANDINGS.

The advice and consent of the Senate under section 1 is subject to the following understandings:

(1) Implementation of additional protocol.- Implementation of the Additional Protocol will conform to the principles set forth in the letter of April 30, 2002, from the United States Permanent Representative to the International Atomic Energy Agency and the Vienna Office of the United Nations to the Director General of the International Atomic Energy Agency.

(2) Notification to congress of added and deleted locations.-

(A) Added locations.- The President shall notify the appropriate congressional Committees in advance of declaring to the Agency any addition to the lists of locations within the United States pursuant to Article 2.a.(i), Article 2.a.(iv), Article 2.a.(v), Article 2.a.(vi)(a), Article 2.a.(vii), Article 2.a.(viii), and Article 2.b.(i) of the Additional Protocol, together with a certification that such addition will not adversely affect the national security of the United States. During the ensuing 60 days, Congress may disapprove an addition to the lists by joint resolution for reasons of direct national security significance, under procedures identical to those provided for the consideration of resolutions under section 130 of the Atomic Energy Act of 1954 (42 U.S.C. 2159).

(B) Deleted locations.- The President shall notify the appropriate congressional Committees of any deletion from the lists of locations within the United States previously declared to the Agency pursuant to Article 2.a.(i), Article 2.a.(iv), Article 2.a.(v), Article 2.a.(vi)(a), Article 2.a.(vii), Article 2.a.(viii), and Article 2.b.(i) of the Additional Protocol that is due to such location having a direct national security significance, together with an explanation of such deletion, as soon as possible prior to providing the Agency information regarding such deletion.

(3) Protection of classified information.- The Additional Protocol will not be construed to require the provision, in any manner, to the Agency of ""Restricted Data""controlled by the provisions of the Atomic Energy Act of 1954.

(4) Protection of confidential information.- Should the President make a determination that persuasive information is available indicating that-

(A) an officer or employee of the Agency has willfully published, divulged, disclosed, or made known in any manner or to any extent contrary to the Agreement between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America and the Additional Protocol, any United States confidential business information coming to him or her in the course of his or her official duties relating to the implementation of the Additional Protocol, or by reason of any examination or investigation of any return, report, or record made to or filed with the Agency, or any officer or employee thereof, in relation to the Additional Protocol; and

(B) such practice or disclosure has resulted in financial losses or damages to a United States person;

the President shall, not later than 30 days after the receipt of such information by the executive branch of the United States Government, notify the appropriate congressional Committees in writing of such determination.

(5) Report on consultations on adoption of additional protocols in non-nuclear weapon states.- Not later than 180 days after entry into force of the Additional Protocol, and annually thereafter, the President shall submit to the appropriate congressional Committees a report on measures that have been taken or ought to be taken to achieve the adoption of additional protocols to existing safeguards agreements signed by non-nuclear weapon states party to the Nuclear Non-Proliferation Treaty.

(6) Report on united states assistance to the agency for the purpose of additional protocol implementation and verification of the obligations of non-nuclear weapon states.- Not later than 180 days after the entry into force of the Additional Protocol, and annually thereafter, the President shall submit to the appropriate congressional Committees a report detailing the assistance provided by the United States to the Agency in order to promote the effective implementation of additional protocols to safeguards agreements signed by non-nuclear weapon states party to the Nuclear Non-Proliferation Treaty and the verification of the compliance of such parties with Agency obligations.

(7) Subsidiary arrangements and amendments.-

(A) The subsidiary arrangement.- The Subsidiary Arrangement to the Additional Protocol between the United States and the Agency, signed at Vienna on June 12, 1998 contains an illustrative, rather than exhaustive, list of accepted United States managed access measures.

(B) Notification of additional subsidiary arrangements and amendments.- The President shall notify the appropriate congressional Committees not later than 30 days after-

(i) agreeing to any subsidiary arrangement with the Agency under Article 13 of the Additional Protocol; and

(ii) the adoption by the Agency Board of Governors of any amendment to its Annexes under Article 16.b.

(8) Amendments.- Amendments to the Additional Protocol will take effect for the United States in accordance with the requirements of the United States Constitution as the United States determines them.

SEC. 4. DEFINITIONS.

In this resolution:

(1) Additional protocol.- The term ""Additional Protocol"" means the Protocol Additional to the Agreement between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America, with Annexes and a Subsidiary Agreement, signed at Vienna June 12, 1998 (T. Doc. 107-7).

(2) Appropriate congressional committees.- The term ""appropriate congressional committees""means the Committee on Foreign Relations and the Committee on Armed Services of the Senate and the Committee on International Relations and the Committee on Armed Services of the House of Representatives.

(3) Nuclear non-proliferation treaty.- The term ""Nuclear Non-Proliferation Treaty""means the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970.

" 107-6,107,6,Extradition Treaty with Peru,Extradition and Criminal Assistance,2002-05-08T00:00:00Z,,Peru,"107-6, Extradition, Peru","[107] TreatyRes. 19 for Treaty Doc.107 - 6

Section 1. Advice and Consent to Ratification of the Extradition Treaty with Peru, subject to an understanding and a condition.

The Senate advises and consents to the ratification of the Extradition Treaty Between the United States of America and the Republic of Peru, signed at Lima on July 26, 2001 (Treaty Doc. 107-6; in this resolution referred to as the “Treaty”), subject to the understanding in section 2 and the condition in section 3.

Section 2. Understanding.

The advice and consent of the Senate under section 1 is subject to the following understanding, which shall be included in the instrument of ratification:

Prohibition of Extradition to the International Criminal Court.– The United States understands that the protections contained in Article XIII concerning the Rule of Speciality would preclude the resurrender of any person extradited to the Republic of Peru from the United States to the International Criminal Court, unless the United States consents to such resurrender; and the United States shall not consent to any such resurrender unless the Statute establishing that Court has entered into force for the United States by and with the advice and consent of the Senate in accordance with Article II, section 2 of the United States Constitution.

Section 3. Condition.

The advice and consent of the Senate under section 1 is subject to the condition that nothing in the Treaty requires or authorizes legislation or other action by the United States that is prohibited by the Constitution of the United States as interpreted by the United States.

" 107-4,107,4,Extradition Treaty with Lithuania,Extradition and Criminal Assistance,2002-05-06T00:00:00Z,,Lithuania,"107-4, T.Doc.107-4","[107] TreatyRes. 18 for Treaty Doc.107 - 4

Section 1. Advice and Consent to Ratification of the Extradition Treaty with Lithuania, subject to a condition.

The Senate advises and consents to the ratification of the Extradition Treaty Between the Government of the United States of America and the Government of the Republic of Lithuania, signed at Vilnius on October 23, 2001 (Treaty Doc. 107-4; in this resolution referred to as the “Treaty”), subject to the condition in section 2.

Section 2. Condition.

The advice and consent of the Senate under section 1 is subject to the condition that nothing in the Treaty requires or authorizes legislation or other action by the United States that is prohibited by the Constitution of the United States as interpreted by the United States.

" 107-5,107,5,"STOCKHOLM CONVENTION ON PERSISTENT ORGANIC POLLUTANTS, WITH ANNEXES, DONE AT STOCKHOLM, MAY 22-23, 2001.",Environment,2002-05-06T00:00:00Z,,,"107-5, T.Doc. 107-5, Stockholm, pollutants", 107-3,107,3,Treaty with India on Mutual Legal Assistance In Criminal Matters,Extradition and Criminal Assistance,2002-04-08T00:00:00Z,,India,"107-3, India, T.Doc. 107-3","[107] TreatyRes. 20 for Treaty Doc.107 - 3

As approved:

Section 1. Advice and Consent to Ratification of the Treaty with India on Mutual Legal Assistance in Criminal Matters, subject to an understanding and conditions.

The Senate advises and consents to the ratification of the Treaty Between the Government of the United States of America and the Government of the Republic of India on Mutual Legal Assistance in Criminal Matters, signed at New Delhi on October 17, 2001 (Treaty Doc. 107-3; in this resolution referred to as the “Treaty”), subject to the understanding in section 2 and the conditions in section 3.

Section 2. Understanding.

The advice and consent of the Senate under section 1 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 that 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 unless the treaty establishing the Court has entered into force for the United States by and with the advice of the Senate in accordance with Article II, Section 2 of the United States Constitution, or unless the President has waived any applicable prohibition on provision of such assistance in accordance with applicable United States law.

Section 3. Conditions.

The advice and consent of the Senate under section 1 is subject to the following conditions:

(1) Limitation on Assistance. – Pursuant to the right of the United States under the Treaty to deny legal assistance that would prejudice the essential public policy or interests of the United States, the United States shall deny any request for such assistance if the Central Authority of the United States (as designated in Article 2(2) of the Treaty), after consultation with all appropriate intelligence, anti-narcotic, and foreign policy agencies, has specific information that a senior Government official of the requesting party who will have access to information to be provided as part of such assistance 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 that is prohibited by the Constitution of the United States as interpreted by the United States.

" 107-2,107,2,Protocol Amending 1949 Convention of Inter-American Tropical Tuna Commission,Fisheries and Wildlife,2001-01-08T00:00:00Z,,,"107-1, Convention, Protocol, T.D. 107-2, Tropical Tuna Commission, Tuna","[107] TreatyRes. 10 for Treaty Doc.107 - 2

As recommended 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 Protocol to Amend the 1949 Convention on the Establishment of an Inter-American Tropical Tuna Commission, done at Guayaquil, June 11, 1999, and signed by the United States, subject to ratification, in Guayaquil, Ecuador, on the same date (Treaty Doc. 107-2).

" 107-1,107,1,Convention on Safety of UN and Associated Personnel,United Nations,2001-01-03T00:00:00Z,,,"Safety, T.D. 107-1, UN, United Nations",