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 Republic of Rwanda Concerning the Encouragement and Reciprocal Protection of Investment, signed at Kigali on February 19, 2008 (Treaty Doc. 110-23), 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: Articles 3 through 10 and other provisions that qualify or create exceptions to these Articles are self-executing. With the exception of these Articles, the Treaty is not self-executing.
" 110-22,110,22,Agreement on Conservation of Albatrosses and Petrels,Fisheries and Wildlife,2008-09-26T00:00:00Z,,,"110-22, TD110-22, albatrosses, migratory species, petrels, wild animals", 110-21,110,21,Hague Convention on International Recovery of Child Support and Family Maintenance,International Law,2008-09-08T00:00:00Z,,,"110-21, Child Support, Family Maintenance, Hague, TD110-21, child, foreign","SEC. 1. SENATE ADVICE AND CONSENT SUBJECT TO TWO RESERVATIONS, ONE UNDERSTANDING, AND THREE DECLARATIONS.
The Senate advises and consents to the ratification of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (the ""Convention""), adopted at The Hague on November 23, 2007 (Treaty Doc. 110-21), subject to the reservations of section 2, the understanding of section 3, the declaration of section 4, and the declarations of section 5.
SEC. 2. RESERVATIONS.
The advice and consent of the Senate under section 1 is subject to the following reservations, which shall be included in the instrument of ratification:
(1) In accordance with Articles 20 and 62 of the Convention, the United States of America makes a reservation that it will not recognize or enforce maintenance obligation decisions rendered on the jurisdictional bases set forth in subparagraphs 1(c), 1(e), and 1(f) of Article 20 of the Convention.
(2) In accordance with Articles 44 and 62 of the Convention, the United States of America makes a reservation that it objects to the use of the French language in communications between the Central Authority of any other Contracting State and the Central Authority of the United States of America.
SEC. 3. 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:
The United States is not a party to the Convention on the Rights of the Child and understands that a mention of the Convention in the preamble of this Treaty does not create any obligations and does not affect or enhance the status of the Convention as a matter of the United States or international law.
SEC. 4. DECLARATION.
The advice and consent of the Senate under section 1 is subject to the following declaration, which shall be included in the instrument of ratification:
The United States of America declares, in accordance with Articles 61 and 63 of the Convention, that for the United States of America the Convention shall extend only to the following: all 50 U.S. states, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands.
SEC. 5. DECLARATIONS.
The advice and consent of the Senate under section 1 is subject to the following declarations:
(1) Article 55 of the Convention sets forth a special procedure for the amendment of the forms annexed to the Convention. In the event that the United States of America does not want a particular amendment to the forms adopted in accordance with Article 55 to enter into force for the United States of America on the first day of the seventh calendar month after the date of its communication by the depositary to all parties, the Executive Branch may by notification in writing to the depositary make a reservation, in accordance with Article 62 of the Convention, with respect to that amendment and without the approval of the Senate.
(2) This Convention is not self-executing.
" 110-20,110,20,Protocols to the North Atlantic Treaty of 1949 on Accession of Albania and Croatia,International Law and Organization,2008-07-23T00:00:00Z,,,"110-20, Albania, Croatia, NATO, North Atlantic Treaty, Protocols, TD110-20","As approved:
Resolved (two-thirds of the Senators present concurring therein),
Section 1. Senate Advice and Consent Subject to a Declaration and a Condition.
The Senate advises and consents to the ratification of the Protocol to the North Atlantic
Treaty of 1949 on the Accession of the Republic of Albania, adopted at Brussels on July 9, 2008,
and signed that day on behalf of the United States of America (the ""Protocol"") (Treaty Doc. 110-
20), subject to the declaration of section 2 and the condition of section 3.
Section 2. Declaration
The advice and consent of the Senate under section 1 is subject to the following
declaration:
(a) Article 10 of the North Atlantic Treaty provides that Parties may, by unanimous agreement,
invite any other European State in a position to further the principles of the North Atlantic Treaty
and to contribute to the security of the North Atlantic area to accede to the North Atlantic Treaty,
and thus become a member of the North Atlantic Treaty Organization (""NATO"").
(b) The Bucharest Summit Declaration, issued by the Heads of States and Governments
participating in the meeting of the North Atlantic Council in Bucharest on April 3, 2008, states
that NATO welcomes Ukraine's and Georgia's Euro-Atlantic aspirations for membership in
NATO. The Bucharest Summit Declaration additionally states that it was ""agreed today that
these countries will become members of NATO.""
(c) The Senate declares that it is important that NATO keep its door open to all European
democracies willing and able to assume the responsibilities and obligations of membership.
Section 3. Condition
The advice and consent of the Senate under section 1 is subject to the following
condition:
Presidential Certification
Prior to the deposit of the instrument of ratification, the President shall certify to the Senate as
follows:
1. The inclusion of the Republic of Albania in NATO will not have the effect of increasing
the overall percentage share of the United States in the common budgets of NATO; and
2. The inclusion of the Republic of Albania in NATO does not detract from the ability of the
United States to meet or to fund its military requirements outside the North Atlantic area.
Resolved (two-thirds of the Senators present concurring therein),
Section 1. Senate Advice and Consent Subject to a Declaration and a Condition.
The Senate advises and consents to the ratification of the Protocol to the North Atlantic
Treaty of 1949 on the Accession of the Republic of Croatia, adopted at Brussels on July 9, 2008,
and signed that day on behalf of the United States of America (the ""Protocol"") (Treaty Doc. 110-
20), subject to the declaration of section 2 and the condition of section 3.
Section 2. Declaration
The advice and consent of the Senate under section 1 is subject to the following
declaration:
(a) Article 10 of the North Atlantic Treaty provides that Parties may, by unanimous agreement,
invite any other European State in a position to further the principles of the North Atlantic Treaty
and to contribute to the security of the North Atlantic area to accede to the North Atlantic Treaty,
and thus become a member of the North Atlantic Treaty Organization (""NATO"").
(b) The Bucharest Summit Declaration, issued by the Heads of States and Governments
participating in the meeting of the North Atlantic Council in Bucharest on April 3, 2008, states
that NATO welcomes Ukraine's and Georgia's Euro-Atlantic aspirations for membership in
NATO. The Bucharest Summit Declaration additionally states that it was ""agreed today that
these countries will become members of NATO.""
(c) The Senate declares that it is important that NATO keep its door open to all European
democracies willing and able to assume the responsibilities and obligations of membership.
Section 3. Condition
The advice and consent of the Senate under section 1 is subject to the following
condition:
Presidential Certification
Prior to the deposit of the instrument of ratification, the President shall certify to the Senate as
follows:
1. The inclusion of the Republic of Croatia in NATO will not have the effect of increasing
the overall percentage share of the United States in the common budgets of NATO; and
2. The inclusion of the Republic of Croatia in NATO does not detract from the ability of the
United States to meet or to fund its military requirements outside the North Atlantic area.
As approved by the Senate:
Resolved, (two-thirds of the Senators present concurring therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO AN UNDERSTANDING AND A DECLARATION.
The Senate advises and consents to the ratification of the International Treaty on Plant Genetic Resources for Food and Agriculture, adopted by the Food and Agriculture Organization of the United Nations on November 3, 2001, and signed by the United States of America on November 1, 2002 (the ‘‘Treaty’’) (Treaty Doc. 110-19), subject to the understanding of section 2 and the declaration of section 3.
SEC. 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 Article 12.3d shall not be construed in a manner that diminishes the availability or exercise of intellectual property rights under national laws.
SEC. 3. DECLARATION.
The advice and consent of the Senate under section 1 is subject to the following declaration: The Treaty is not self-executing.
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 Convention between the Government of the United States of America and the Government of the Republic of Bulgaria for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, with accompanying Protocol, signed at Washington on February 23, 2007, as well as the Protocol Amending the Convention between the Government of the United States of America and the Government of the Republic of Bulgaria for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, signed at Sofia on February 26, 2008 (Treaty Doc. 110-18), 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 Convention is self-executing.
" 110-17,110,17,Tax Convention with Iceland,Taxation,2008-05-06T00:00:00Z,,Iceland,"110-17, Iceland, TD110-17, fiscal evasion, income, tax, taxation","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 Convention between the Government of the United States of America and the Government of Iceland for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, and accompanying Protocol, signed at Washington on October 23, 2007 (Treaty Doc. 110-17), 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 Convention is self-executing.
" 110-16,110,16,"Amendments to the Constitution and Convention of the International Telecommunication Union (Geneva, 1992)",Telecommunications,2008-04-08T00:00:00Z,,,"110-16, Antalya, Plenipotentiary Conference, Telecommunication","
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 amendments to the Constitution and Convention of the International Telecommunication Union (Geneva 1992), as amended by the Plenipotentiary Conference (Kyoto 1994), the Plenipotentiary Conference (Minneapolis 1998), and the Plenipotentiary Conference (Marrakesh 2002), signed by the United States at Antalya on November 24, 2006, as contained in the Final Acts of the Plenipotentiary Conference (Antalya 2006) (the ""2006 Final Acts"") (Treaty Doc. 110-16), subject to declarations and reservations Nos. 70(1)(second paragraph), 70(1)(third paragraph), 70(2), 104, and 106 of the 2006 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.
" 110-15,110,15,Protocol Amending 1980 Tax Convention with Canada,Taxation,2008-03-13T00:00:00Z,,,"110-15, TD110-15, Tax, canada, capital, income, protocol, tax convention, taxes","As approved:
Resolved, (two-thirds of the Senators present concurring therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION AND A CONDITION
The Senate advises and consents to the ratification of the Protocol Amending the Convention between the United States of America and Canada with Respect to Taxes on Income and on Capital done at Washington on September 26, 1980, as Amended by the Protocols done on June 14, 1983, March 28, 1984, March 17, 1995, and July 29, 1997, signed on September 21, 2007, at Chelsea (the ""Protocol'') (Treaty Doc. 110-15), subject to the declaration of section 2 and the condition of section 3.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is subject to the following declaration:
This Convention is self-executing.
SECTION 3. CONDITION
The advice and consent of the Senate under section 1 is subject to the following condition:
Report.
1. Not later than two years from the date on which this Protocol enters into force and prior to the first arbitration conducted pursuant to the binding arbitration mechanism provided for in this Protocol, the Secretary of Treasury shall transmit the text of the rules of procedure applicable to arbitration boards, including conflict of interest rules to be applied to members of the arbitration board, to the committees on Finance and Foreign Relations of the Senate and the Joint Committee on Taxation.
The Secretary of Treasury shall also, prior to the first arbitration conducted pursuant to the binding arbitration mechanism provided for in the 2006 Protocol Amending the Convention between the United States of America and the Federal Republic of Germany for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital and to Certain Other Taxes (the ""2006 German Protocol'') (Treaty Doc. 109 0920) and the Convention between the Government of the United States of America and the Government of the Kingdom of Belgium for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, and accompanying protocol (the ``Belgium Convention'') (Treaty Doc. 110 093), transmit the text of the rules of procedure applicable to the first arbitration board agreed to under each treaty to the committees on Finance and Foreign Relations of the Senate and the Joint Committee on Taxation.
2. 60 days after a determination has been reached by an arbitration board in the tenth arbitration proceeding conducted pursuant to either this Protocol, the 2006 German Protocol, or the Belgium Convention, the Secretary of Treasury shall prepare and submit a detailed report to the Joint Committee on Taxation and the Committee on Finance of the Senate, subject to law relating to taxpayer confidentiality, regarding the operation and application of the arbitration mechanism contained in the aforementioned treaties. The report shall include the following information:
I. The aggregate number, for each treaty, of cases pending on the respective dates of entry into force of this Protocol, the 2006 German Protocol, or the Belgium Convention, along with the following additional information regarding these cases:
a. The number of such cases by treaty article(s) at issue;
b. The number of such cases that have been resolved by the competent authorities through a mutual agreement as of the date of the report; and
c. The number of such cases for which arbitration proceedings have commenced as of the date of the report.
II. A list of every case presented to the competent authorities after the entry into force of this Protocol, the 2006 German Protocol, or the Belgium Convention, with the following information regarding each and every case:
a. The commencement date of the case for purposes of determining when arbitration is available;
b. Whether the adjustment triggering the case, if any, was made by the United States or the relevant treaty partner and which competent authority initiated the case;
c. Which treaty the case relates to;
d. The treaty article(s) at issue in the case;
e. The date the case was resolved by the competent authorities through a mutual agreement, if so resolved;
f. The date on which an arbitration proceeding commenced, if an arbitration proceeding commenced; and
g. The date on which a determination was reached by the arbitration board, if a determination was reached, and an indication as to whether the board found in favor of the United States or the relevant treaty partner.
III. With respect to each dispute submitted to arbitration and for which a determination was reached by the arbitration board pursuant to this Protocol, the 2006 German Protocol, or the Belgium Convention, the following information shall be included:
a. An indication as to whether the determination of the arbitration board was accepted by each concerned person;
b. The amount of income, expense, or taxation at issue in the case as determined by reference to the filings that were sufficient to set the commencement date of the case for purposes of determining when arbitration is available; and
c. The proposed resolutions (income, expense, or taxation) submitted by each competent authority to the arbitration board.
3. The Secretary of Treasury shall, in addition, prepare and submit the detailed report described in paragraph (2) on March 1 of the year following the year in which the first report is submitted to the Joint Committee on Taxation and the Committee on Finance of the Senate, and on an annual basis thereafter for a period of five years. In each such report, disputes that were resolved, either by a mutual agreement between the relevant competent authorities or by a determination of an arbitration board, and noted as such in prior reports may be omitted.
" 110-14,110,14,International Convention Against Doping in Sport,Drugs/Illegal Substances,2008-02-06T00:00:00Z,,,"110-14, Doping, Olympic, Sports, United Nations","As approved Resolved (two-thirds of the Senators present concurring therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO AN UNDERSTANDING, A DECLARATION, AND A CONDITION
The Senate advises and consents to the ratification of the International Convention Against Doping in Sport (the ""Convention""), adopted by the United Nations Educational, Scientific, and Cultural Organization on October 19, 2005 (Treaty Doc. 110-14; EC 6772), subject to the understanding of section 2, the declaration of section 3, and the condition of section 4.
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:
It is the understanding of the United States of America that nothing in this Convention obligates the United States to provide funding to the World Anti-Doping Agency.
SECTION. 3. 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:
Pursuant to Article 2(4), which defines ""Athlete"" for purposes of doping control as ""any person who participates in sport at the international or national level as defined by each national anti-doping organization and accepted by States Parties and any additional person who participates in a sport or event at a lower level accepted by States Parties"", the United States of America declares that ""Athlete"" for purposes of doping control means any athlete determined by the U.S. Anti-Doping Agency to be subject to or to have accepted the World Anti-Doping Code.
SECTION. 4. CONDITION
The advice and consent of the Senate under section 1 is subject to the following condition:
Not later than 60 days after an amendment to either of the Annexes that was concluded in accordance with the specific amendment procedure in Article 34 enters into force for the United States, the Secretary of State shall transmit the text of the amended Annex to the Committee on Foreign Relations and the Committee on the Judiciary of the Senate.
" 110-11,110,11,Extradition Treaty with Romania and Protocol to the Treaty on Mutual Legal Assistance in Criminal Matters with Romania,Extradition and Criminal Assistance,2008-01-22T00:00:00Z,,Romania,"110-11, Romania, TD 110-11, criminal, extradition, legal assistance","As approved:
EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND ROMANIA
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 Extradition Treaty between the United States of America and Romania, signed at Bucharest on September 10, 2007 (Treaty Doc. 110-11), 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.
PROTOCOL TO THE TREATY ON MUTUAL LEGAL ASSISTANCE BETWEEN THE UNITED STATES OF AMERICA AND ROMANIA
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 Protocol to the Treaty between the United States of America and Romania on Mutual Legal Assistance in Criminal Matters signed in Washington on May 26, 1999, signed at Bucharest on September 10, 2007 (Treaty Doc. 110-11), 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.
" 110-12,110,12,Extradition Treaty with Bulgaria and an Agreement on Certain Aspects of Mutual Legal Assistance in Criminal Matters with Bulgaria,Extradition and Criminal Assistance,2008-01-22T00:00:00Z,,Bulgaria,"110-12, Bulgaria, TD 110-12, criminal, extraditon, legal assistance","As approved:
EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF BULGARIA
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 Extradition Treaty between the Government of the United States of America and the Government of the Republic of Bulgaria, signed at Sofia on September 19, 2007 (Treaty Doc. 110-12), 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.
AGREEMENT ON CERTAIN ASPECTS OF MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF BULGARIA
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 Agreement on Certain Aspects of Mutual Legal Assistance in Criminal Matters between the Government of the United States of America and the Government of the Republic of Bulgaria, signed at Sofia on September 19, 2007 (Treaty Doc. 110-12), 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.
" 110-13,110,13,"International Convention on Control of Harmful Anti-Fouling Systems on Ships, 2001",Shipping and Marine Pollution,2008-01-22T00:00:00Z,,,"110-13, TD110-13, anti-fouling systems, environment, marine, ships","As approved:
Resolved, (two-thirds of the Senators present concurring therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO TWO DECLARATIONS
The Senate advises and consents to the ratification of the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, adopted on October 5, 2001 (Treaty Doc. 110-13), subject to the declaration of section 2 and the declaration of 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 instrument of ratification:
The United States of America declares that, pursuant to Article 16(2)(f)(ii)(3) of the Convention, amendments to Annex 1 of the Convention shall enter into force for the United States of America only after notification to the Secretary-General of its acceptance with respect to such amendments.
SECTION 3. DECLARATION
The advice and consent of the Senate under section 1 is subject to the following declaration:
This Convention is not self-executing.
" 110-10,110,10,"Treaty Between the Government of the United States of America and the Government of Australia Concerning Defense Trade Cooperation, done at Sydney, September 5, 2007.",Arms Control,2007-12-03T00:00:00Z,,Australia,"110-10, Australia, TD 110-10, armed forces, arms regulations, defense, trade","
Section 1. Senate Advice and Consent Subject to Conditions, Understandings And Declarations.
The Senate advises and consents to the ratification of the Treaty Between the Government of the United States of America and the Government of Australia Concerning Defense Trade Cooperation, done at Sydney, September 5, 2007 (Treaty Doc. 110-10). (as defined in section 5 of this resolution), subject to the conditions in section 2, the understandings in section 3 and the declarations in section 4.
Section 2. Conditions.
The Senate's advice and consent to the ratification of the Treaty with Australia Concerning Defense Trade Cooperation is subject to the following conditions, which shall be binding upon the President:
(1) United States preparation for treaty implementation.
(A) At least 15 days before any exchange of notes pursuant to Article 20 of the Treaty, the President shall submit to the Congress a report---
(i) describing steps taken to ensure that the Executive branch and United States industry are prepared to comply with Treaty requirements;
(ii) analyzing the implications of the Treaty, and especially of Article 3(3) of the Treaty, for the protection of intellectual property rights of United States persons;
(iii) explaining what steps the United States Government is taking and will take to combat improper or illegal intangible exports (i.e., exports as defined in part 120.17(a)(4) of title 22, Code of Federal Regulations) under the Treaty; and
(iv) setting forth the issues to be addressed in the Management Plan called for by Section 12(3)(f) of the Implementing Arrangement and the procedures that are expected to be adopted in that Plan.
(B) Before any exchange of notes pursuant to Article 20 of the Treaty, the President shall submit to the Congress a certification that changes to the International Traffic in Arms Regulations (parts 120-130 of title 22, Code of Federal Regulations) have been published in the Federal Register pursuant to the Arms Export Control Act, as appropriate, that would, upon entry into force of the Treaty,---
(i) make clear the legal obligation for any person involved in an Export, Re-export, Transfer, or Re-transfer under the Treaty to comply with all requirements in the revised International Traffic in Arms Regulations, including by taking all reasonable steps to ensure the accuracy of information received from a member of the Approved Community that is party to an Export, Re-export, Transfer, or Re-transfer under the Treaty;
(ii) make clear the legal obligation for Approved Community members to comply with United States Government instructions and requirements regarding United States Defense Articles added to the list of exempt Defense Articles pursuant to Article 3(2) of the Treaty;
(iii) limit a person from being a member of the United States Community, pursuant to Article 5(2) of the Treaty, if that person is generally ineligible to export pursuant to section 120.1(c) of title 22, Code of Federal Regulations; and
(iv) require any nongovernmental entity that ceases to be included in the United States Community to comply with instructions from authorized United States Government officials and to open its records of transactions under the Treaty to inspection by United States Government and, as appropriate, authorized Australian Government officials pursuant to Article 12 of the Treaty.
(C) Before any exchange of notes pursuant to Article 20 of the Treaty, the President shall submit to the Congress-
(i) a certification that appropriate mechanisms have been established to identify, in connection with the process for determining whether a nongovernmental entity is in the United States Community pursuant to Article 5(2) of the Treaty, persons who meet the criteria in section 38(g)(1) of the Arms Export Control Act (22 U.S.C. 2778(g)(1));
(ii) a certification that appropriate mechanisms have been established to verify that nongovernmental entities in the United States that Export pursuant to the Treaty are eligible to export Defense Articles under United States law and regulation as required by Article 5(2) of the Treaty;
(iii) a certification that United States Department of Homeland Security personnel at United States ports---
(a) have prompt access to a State Department database containing registered exporters, freight forwarders and consignees, and watch lists regarding United States companies; and
(b) are prepared to prevent attempts to export pursuant to the Treaty by United States persons who are not eligible to export Defense Articles under United States law or regulation, even if such person has registered with the United States Government;
(iv) a certification that the Secretary of Defense has promulgated appropriate changes to the National Industrial Security Program Operating Manual and to Regulation DoD 5200.1-R, ""Information Security Program,"" and has issued guidance to industry regarding marking and other Treaty compliance requirements; and
(v) a certification that a capability has been established to conduct post-shipment verification, end-use/end-user monitoring and related security audits for Exports under the Treaty, accompanied by a report setting forth the legal authority, staffing and budget provided for this capability and any further Executive branch or congressional action recommended to ensure its effective implementation.
(2) Treaty partner preparation for treaty implementation.
Before any exchange of notes pursuant to Article 20 of the Treaty, the President shall certify to Congress that the Government of Australia has-
(A) enacted legislation to strengthen generally its controls over defense and dual-use goods, including controls over intangible transfers of controlled technology and brokering of controlled goods, technology, and services, and setting forth:
(i) the criteria for entry into the Australian Community and the conditions Australian Community members must abide by to maintain membership, including personnel, information and facilities security requirements;
(ii) the record-keeping and notification and reporting requirements under the Treaty;
(iii) the handling, marking and classification requirements for United States and Australian Defense Articles Exported or Transferred under the Treaty;
(iv) the requirements for Exports and Transfers of United States Defense Articles outside the Approved Community or to a third country;
(v) the rules for handling United States Defense Articles that are added to or removed from the list of items exempted from Treaty application;
(vi) the rules for transitioning into and out of the Australian Community;
(vii) auditing, monitoring and investigative powers for Commonwealth officials and powers to allow Commonwealth officials to perform post-shipment verifications and end-use/end-user monitoring; and
(viii) offenses and penalties, and administrative requirements, necessary for the enforcement of the Treaty and its Implementing Arrangement; and
(B) promulgated regulatory changes setting forth:
(i) the criteria for entry into the Australian Community, and terms for maintaining Australian Community membership;
(ii) the criteria for individuals to become authorized to access United States Defense Articles received pursuant to the Treaty;
(iii) benefits stemming from Australian Community membership, including a framework for license-free trade with the United States in classified or controlled items falling within the scope of the Treaty;
(iv) the conditions Australian Community members must abide by to maintain membership, including:
(a) record-keeping and notification requirements;
(b) marking and classification requirements for defense articles Exported or Transferred under the Treaty;
(c) requirements for the Re-transfer to non-Approved Community members and Re-export to a third country of defense articles; and
(d) maintaining security standards and measures articulated in Defense protective security policy to protect defense articles pursuant to the Treaty;
(v) provisions to enforce the procedures established pursuant to the Treaty, including auditing and monitoring powers for Australian Department of Defence officials and powers to allow Department of Defence officials to perform post-shipment verifications and end-use/end-user monitoring;
(vi) offenses and penalties, including administrative and criminal penalties and suspension and termination from the Australian Community, to enforce the provisions of the Treaty; and
(vii) requirements and standards for transition into or out of the Australian Community and Treaty framework.
(3) Joint operations, programs and projects.
The Secretary of State shall keep the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives informed of the lists of combined military and counter-terrorism operations developed pursuant to Article 3(1)(a) of the Treaty; cooperative security and defense research, development, production, and support programs developed pursuant to Article 3(1)(b) of the Treaty; and specific security and defense projects developed pursuant to article 3(1)(c) of the Treaty.
(4) Exempted defense articles.
(A) The President may remove a Defense Article from the list of Defense Articles exempt from the Scope of the Treaty, if such removal is not barred by United States law, 30 days after the President informs the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of such proposed removal.
(B) When a Defense Article is added to the list of Defense Articles exempt from the Scope of the Treaty, the Secretary of State shall provide a copy of the Federal Register Notice delineating the policies and procedures that will govern the control of such Defense Article, consistent with Section 4(7) of the Implementing Arrangement, as well as an explanation of the reasons for adopting those policies and procedures, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives within five days of the issuance of such Notice.
(5) Approved community membership.
(A) If sanctions are in effect against a person in the Australian Community pursuant to section 73(a)(2)(B) or section 81 of the Arms Export Control Act (22 U.S.C. 2797b(a)(2)(B) or 2798), the United States shall raise the matter pursuant to Article 4(2) of the Treaty and Section 6(9) of the Implementing Arrangement.
(B) The Secretary of State shall inform the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives not later than 5 days before the U.S. Government agrees to the initial inclusion in the Australian Community of a nongovernmental Australian entity, if the Department of State is aware that the entity, or any one or more of its relevant senior officers or officials:
(i) Has been convicted of violating a statute cited in paragraph 38(g)(1) of the Arms Export Control Act (22 U.S.C. 2778(g)(1)); or
(ii) is, or would be if that person were a United States person,
(a) ineligible to contract with any agency of the U.S. Government;
(b) ineligible to receive a license or other form of authorization to export from any agency of the U.S. Government; or
(c) ineligible to receive a license or any form of authorization to import defense articles or defense services from any agency of the U.S. Government.
(C) The Secretary of State shall inform and consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives not later than 5 days after the United States Government agrees to the continued inclusion in the Australian Community of a nongovernmental Australian entity, if the Department is aware that the entity, or any one or more of its relevant senior officers or officials, raises one or more of the concerns referred to in paragraph (B).
(6) Transition policies and procedures.
(A) No fewer than 15 days before formally establishing the procedures called for in Section 5(5) of the Implementing Arrangement, the President shall provide to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report concerning the policies and procedures developed to govern the transition to the application of the Treaty, pursuant to Article 3(3) of the Treaty, of Defense Articles acquired and delivered under the Foreign Military Sales program.
(B) No fewer than 15 days before formally establishing the procedures called for in Section 7(2) of the Implementing Arrangement, the President shall provide to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report concerning the policies and procedures developed to govern the members of the Australian Community wishing to transition to the processes established under the Treaty, pursuant to Article 14(2) of the Treaty, from the requirements of a United States Government export license or other authorization.
(7) Congressional oversight.
(A) The Secretary of State shall inform the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives promptly of any report, consistent with Section 11(6)(f) of the Implementing Arrangement, of a material violation of Treaty requirements or procedures by a member of the Approved Community.
(B) The Department of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regularly regarding issues raised in the Management Board called for in Section 12(3) of the Implementing Arrangement, and the resolution of such issues.
(8) Annual report.
Not later than March 31, 2011, and annually thereafter, the President shall submit to Congress a report, which shall cover all Treaty activities during the previous calendar year. This report shall include:
(A) a summary of the amount of Exports under the Treaty and of Defense Articles transitioned into the Treaty, with an analysis of how the Treaty is being used;
(B) a list of all political contributions, gifts, commissions and fees paid, or offered or agreed to be paid, by any person in connection with Exports of Defense Articles under the Treaty in order to solicit, promote, or otherwise to secure the conclusion of such sales;
(C) any action to remove from the Australian Community a nongovernmental entity or facility previously engaged in activities under the Treaty, other than due to routine name or address changes or mergers and acquisitions;
(D) any concerns relating to infringement of intellectual property rights that were raised to the President or an Executive branch Department or Agency by Approved Community members, and developments regarding any concerns that were raised in previous years;
(E) a description of any relevant investigation and each prosecution pursued with respect to activities under the Treaty, the results of such investigations or prosecutions and of such investigations and prosecutions that continued over from previous years, and any shortfalls in obtaining prompt notification pursuant to Article 13(3) of the Treaty or in cooperation between the Parties pursuant to Article 13(3) and (4) of the Treaty;
(F) a description of any post-shipment verification, end-user/end-use monitoring, or other security activity related to Treaty implementation conducted during the year, the purposes of such activity and the results achieved; and
(G) any Office of Inspector General activity bearing upon Treaty implementation conducted during the year, any resultant findings or recommendations, and any actions taken in response to current or past findings or recommendations.
Section 3. Understandings.
The Senate's advice and consent to the ratification of the Treaty with Australia Concerning Defense Trade Cooperation is subject to the following understandings, which shall be included in the instrument of ratification:
(1) Meaning of the phrase ""identified in.""
It is the understanding of the United States that the phrase ""identified in"" in the Treaty shall be interpreted as meaning ""identified pursuant to.""
(2) Cooperative programs with exempt and non-exempt defense articles.
It is the understanding of the United States that if a cooperative program is mutually determined, consistent with Section 2(2)(e) of the Implementing Arrangement, to be within the Scope of the Treaty pursuant to Article 3(1)(b) of the Treaty despite involving Defense Articles that are exempt from the Scope of the Treaty pursuant to Article 3(2) of the Treaty, the exempt Defense Articles shall remain exempt from the Scope of the Treaty and the Treaty shall apply only to non-exempt Defense Articles required for the program.
(3) Investigations and reports of alleged violations.
It is the understanding of the United States that the words ""as appropriate"" in Section 10(3)(f) of the Implementing Arrangement do not detract in any way from the obligation in Article 13(3) of the Treaty, that ""Each Party shall promptly investigate all suspected violations and reports of alleged violations of the procedures established pursuant to this Treaty, and shall promptly inform the other Party of the results of such investigations.""
(4) Exempt defense articles.
It is the understanding of the United States that if one Party to the Treaty exempts a type of Defense Articles from the scope of the Treaty pursuant to Article 3(2) of the Treaty, then Defense Articles of that type will be treated as exempt by both Parties to the Treaty.
(5) Intermediate consignees.
It is the understanding of the United States that any intermediate consignee of an Export from the United States under the Treaty must be a member of the Approved Community or otherwise approved by the United States Government.
(6) Scope of treaty exemption.
The United States interprets the Treaty not to exempt any person or entity from any United States statutory and regulatory requirements, including any requirements of licensing or authorization, other than those included in the International Traffic in Arms Regulations, as modified or amended. Accordingly, the United States interprets the term 'license or other written authorization' in Article 2 and the term 'licenses or other authorizations' in Article 6(1), as these terms apply to the United States, and the term 'prior written authorization by the United States Government' in Article 7, to refer only to such licenses, licensing requirements, and other authorizations as are required or issued by the United States pursuant to the International Traffic in Arms Regulations, as modified or amended; and the United States interprets the reference to 'the applicable licensing requirements and the implementing regulations of the United States Arms Export Control Act' in Article 13(1) to refer only to the applicable licensing requirements under the International Traffic in Arms Regulations, as modified or amended.
Section 4. Declarations.
The Senate's advice and consent to the ratification of the Treaty with Australia Concerning Defense Trade Cooperation is subject to the following declarations:
(1) Self-execution.
This Treaty is not self-executing in the United States, notwithstanding the statement in the preamble to the contrary.
(2) Private rights.
This Treaty does not confer private rights enforceable in United States courts.
(3) Intellectual property rights.
No liability will be incurred by or attributed to the United States Government in connection with any possible infringement of privately owned patent or proprietary rights, either domestic or foreign, by reason of the United States Government's permitting Exports or Transfers or its approval of Re-exports or Re-transfers under the Treaty.
Section 5. Definitions.
As used in this resolution:
(1) The terms ""Treaty with Australia Concerning Defense Trade Cooperation"" and ""Treaty"" mean the Treaty between the Government of the United States of America and the Government of Australia Concerning Defense Trade Cooperation, done at Sydney, September 5, 2007.
(2) The terms ""Implementing Arrangement Pursuant to the Treaty"" and ""Implementing Arrangement"" mean the Implementing Arrangement Pursuant to the Treaty between the Government of the United States of America and the Government of Australia Concerning Defense Trade Cooperation, which was signed in Washington on March 14, 2008.
(3) The terms ""Defense Articles,"" ""Export,"" ""Re-export,"" ""Re-transfer,"" ""Transfer,"" ""Approved Community,"" ""United States Community,"" ""Australian Community,"" and ""Scope"" have the meanings given to them in Article 1 of the Treaty.
(4) The terms ""Management Board"" and ""Management Plan"" have the meanings given to them in Section 1 of the Implementing Arrangement.
(5) The terms ""person"" and ""foreign person"" have the meaning given to them by section 38(g)(9) of the Arms Export Control Act (22 U.S.C. 2778(g)(9)). The term ""U.S. person"" has the meaning given to it by part 120.15 of title 22, Code of Federal Regulations.
As approved:
Resolved (two-thirds of the Senators present concurring therein),The Senate advises and consents to the ratification of the Protocol of Amendments to the Convention on the International Hydrographic Organization done at Monaco on April 14, 2005 (Treaty Doc. 110-9).
" 110-8,110,8,Protocols of 2005 to the Convention concerning Safety of Maritime Navigation and to the Protocol concerning Safety of Fixed Platforms on the Continental Shelf,Terrorism,2007-10-01T00:00:00Z,,,"110-8, Continental Shelf, Fixed Platforms, Maritime Navigation, Safety, Terrorist, Trafficking","As approved by the Senate:
Resolved, (two-thirds of the Senators present concurring therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A RESERVATION, UNDERSTANDINGS, AND A DECLARATION.
The Senate advises and consents to the ratification of the Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, adopted on October 14, 2005, and signed on behalf of the United States of America on February 17, 2006 (the ""2005 Fixed Platforms Protocol'') (Treaty Doc. 110-8), subject to the reservation of section 2, the understandings of section 3, and the declaration of section 4.
SECTION 2. RESERVATION
The advice and consent of the Senate under section 1 is subject to the following reservation, which shall be included in the instrument of ratification:
Consistent with Article 16(2) of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005, and incorporated by Article 2 of the 2005 Fixed Platforms Protocol, the United States of America declares that it does not consider itself bound by Article 16(1) of the Convention and incorporated by Article 2 of the 2005 Fixed Platforms Protocol, with respect to disputes concerning the interpretation or application of the Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf.
SECTION 3. UNDERSTANDINGS
The advice and consent of the Senate under section 1 is subject to the following understandings, which shall be included in the instrument of ratification:
(1) The United States of America understands that the term ""armed conflict'' as used in paragraph 2 of Article 2bis of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005, and incorporated by Article 2 of the 2005 Fixed Platforms Protocol, does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature.
(2) The United States of America understands that the term ""international humanitarian law,'' as used in paragraphs 1 and 2 of Article 2bis of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005, and incorporated by Article 2 of the 2005 Fixed Platforms Protocol, has the same substantive meaning as the ``law of war.''
(3) The United States of America understands that, pursuant to paragraph 2 of Article 2bis of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005, and incorporated by Article 2 of the 2005 Fixed Platforms Protocol, the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 2005, does not apply to: (a) the military forces of a State, which are the armed forces of a State organized, trained, and equipped under its internal law for the primary purpose of national defense or security, in the exercise of their official duties; (b) civilians who direct or organize the official activities of military forces of a State; or (c) civilians acting in support of the official activities of the military forces of a State, if the civilians are under the formal command, control, and responsibility of those forces.
(4) The United States of America understands that current United States law with respect to the rights of persons in custody and persons charged with crimes fulfills the requirement in paragraph 2 of Article 10 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005, and incorporated by Article 2 of the 2005 Fixed Platforms Protocol, and, accordingly, the United States does not intend to enact new legislation to fulfill its obligations under this Article.
SECTION 4. DECLARATION
The advice and consent of the Senate under section 1 is subject to the following declaration:
With the exception of the provisions that obligate the United States to criminalize certain offenses, make those offenses punishable by appropriate penalties, and authorize the assertion of jurisdiction over such offenses, the 2005 Fixed Platforms Protocol is self-executing. Included among the self-executing provisions are those provisions obligating the United States to treat certain offenses as extraditable offenses for purposes of bilateral extradition treaties. None of the provisions of the 2005 Fixed Platforms Protocol, including those incorporating by reference Articles 7 and 10 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005, confer private rights enforceable in United States courts.
2005 SUA Protocol
Resolved (two-thirds of the Senators present concurring therein),
Section 1. Senate Advice and Consent Subject to a Reservation, Understandings, and a Declaration.
The Senate advises and consents to the ratification of the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, adopted on October 14, 2005, and signed on behalf of the United States of America on February 17, 2006 (the ""2005 SUA Protocol"") (Treaty Doc. 110-8), subject to the reservation of section 2, the understandings of section 3, and the declaration of section 4.
Section 2. Reservation
The advice and consent of the Senate under section 1 is subject to the following reservation, which shall be included in the instrument of ratification:
Consistent with Article 16(2) of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005, the United States of America declares that it does not consider itself bound by Article 16(1) of the Convention with respect to disputes concerning the interpretation or application of the 2005 SUA Protocol.
Section 3. Understandings
The advice and consent of the Senate under section 1 is subject to the following understandings, which shall be included in the instrument of ratification:
(1) The United States of America understands that the term ""armed conflict"" in Article 3 of the 2005 SUA Protocol (which adds, inter alia, paragraph 2 of Article 2bis to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation) does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature.
(2) The United States of America understands that the term ""international humanitarian law,"" in Article 3 of the 2005 SUA Protocol (which adds, inter alia, paragraph 1 and 2 of Article 2bis to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation) has the same substantive meaning as the ""law of war.""
(3) The United States of America understands that, pursuant to Article 3 of the 2005 SUA Protocol (which adds, inter alia, paragraph 2 of Article 2bis to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation), the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 2005, does not apply to: (a) the military forces of a State, which are the armed forces of a State organized, trained, and equipped under its internal law for the primary purpose of national defense or security, in the exercise of their official duties; (b) civilians who direct or organize the official activities of military forces of a State; or (c) civilians acting in support of the official activities of the military forces of a State, if the civilians are under the formal command, control, and responsibility of those forces.
(4) The United States of America understands that:
A. Article 3 and Article 4(5) of the 2005 SUA Protocol (which add, inter alia, Article 2bis(3) and Article 3bis(2), respectively, to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (together referred to as ""the NPT savings clauses"")) protect from criminal sanction under the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005, the transport of source material, special fissionable material, or equipment or material especially designed or prepared for the processing, use, or production of special fissionable material:
i. from the territory of, or otherwise under the control of, a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons (""NPT"") to the territory of, or otherwise under the control of, another NPT State Party or a state that is not an NPT party; and
ii. from the territory of, or otherwise under the control of, a state that is not an NPT party to the territory of, or otherwise under the control of, an NPT State Party,
where the resulting transfer or receipt of such items or materials is not contrary to the NPT obligations of the NPT State Party.
B. The following are illustrative examples of transport of source material, special fissionable material, and equipment or material especially designed or prepared for the processing, use, or production of special fissionable material that would not constitute offenses under the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005, by virtue of the savings clauses:
i. Transport of source material or special fissionable material (from either an NPT State Party or a State that is not an NPT party) to an NPT nuclear-weapon State Party, as that term is defined in the NPT, regardless of whether the source material or special fissionable material will be under safeguards in the NPT nuclear-weapon State Party, because the resulting receipt of the material is not contrary to the NPT obligations of the nuclear-weapon State Party;
ii. Transport of source material or special fissionable material to a non-nuclear-weapon State Party, as such term is used in the NPT, for non-nuclear use without safeguards, in accordance with the provisions of the recipient country's IAEA comprehensive safeguards agreement allowing for exemption of the source material or special fissionable material from safeguards or the non-application or termination of safeguards (e.g., for specified de minimis amounts, or for use in a non-proscribed military activity which does not require the application of IAEA safeguards or in a non-nuclear use such as the production of alloys or ceramics);
iii. Transport of source material or special fissionable material or especially designed or prepared equipment, as described in Article 4(5) of the 2005 SUA Protocol (which adds Article 3bis(1)(b)(iii) to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation), from an NPT State Party to a State that is not an NPT party, so long as the relevant material is for peaceful purposes and placed under IAEA safeguards, consistent with the NPT State Party's obligations under Article III.2 of the NPT. If the source or special fissionable material transferred for peaceful purposes is subject to an IAEA safeguards agreement but is not required by that agreement actually to be under safeguards (e.g., under an exemption for de minimis amounts or a provision permitting safeguards termination for non-nuclear use), the transport would not constitute an offense under Article 3bis(1)(b)(iii) of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005.
(5) The United States of America understands that current United States law with respect to the rights of persons in custody and persons charged with crimes fulfills the requirement in Article 9 of the 2005 SUA Protocol and, accordingly, the United States does not intend to enact new legislation to fulfill its obligations under this Article.
Section 4. Declaration
The advice and consent of the Senate under section 1 is subject to the following declaration:
With the exception of the provisions that obligate the United States to criminalize certain offenses, make those offenses punishable by appropriate penalties, and authorize the assertion of jurisdiction over such offenses, the 2005 SUA Protocol is self-executing. Included among the self-executing provisions are those provisions obligating the United States to treat certain offenses as extraditable offenses for purposes of bilateral extradition treaties. None of the provisions of the 2005 SUA Protocol, including Article 9, confer private rights enforceable in United States courts.
" 110-7,110,7,"Treaty Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Defense Trade Cooperation, done at Washington and London on June 21 and 26, 2007.",Arms Control,2007-09-20T00:00:00Z,,United Kingdom,"110-7, Armed Forces, Arms Regulations, Defense Trade, Great Britain, Northern Ireland, TD 110-7, Traffic, United Kingdom","Section 1. Senate Advice and Consent Subject to Conditions, Understandings And Declarations.
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 United Kingdom of Great Britain and Northern Ireland Concerning Defense Trade Cooperation, done at Washington and London on June 21 and 26, 2007 (Treaty Doc. 110-7) (as defined in section 5 of this resolution), subject to the conditions in section 2, the understandings in section 3 and the declarations in section 4.
Section 2. Conditions.
The Senate's advice and consent to the ratification of the Treaty with the United Kingdom Concerning Defense Trade Cooperation is subject to the following conditions, which shall be binding upon the President:
(1) United States preparation for treaty implementation.
(A) At least 15 days before any exchange of notes pursuant to Article 20 of the Treaty, the President shall submit to the Congress a report---
(i) describing steps taken to ensure that the Executive branch and United States industry are prepared to comply with Treaty requirements;
(ii) analyzing the implications of the Treaty, and especially of Article 3(3) of the Treaty, for the protection of intellectual property rights of United States persons;
(iii) explaining what steps the United States Government is taking and will take to combat improper or illegal intangible exports (i.e., exports as defined in part 120.17(a)(4) of title 22, Code of Federal Regulations) under the Treaty; and
(iv) setting forth the issues to be addressed in the Management Plan called for by Section 12(3)(f) of the Implementing Arrangement and the procedures that are expected to be adopted in that Plan.
(B) Before any exchange of notes pursuant to Article 20 of the Treaty, the President shall submit to the Congress a certification that changes to the International Traffic in Arms Regulations (parts 120-130 of title 22, Code of Federal Regulations) have been published in the Federal Register pursuant to the Arms Export Control Act, as appropriate, that would, upon entry into force of the Treaty,---
(i) make clear the legal obligation for any person involved in an Export, Re-export, Transfer, or Re-transfer under the Treaty to comply with all requirements in the revised International Traffic in Arms Regulations, including by taking all reasonable steps to ensure the accuracy of information received from a member of the Approved Community that is party to an Export, Re-export, Transfer, or Re-transfer under the Treaty;
(ii) make clear the legal obligation for Approved Community members to comply with United States Government instructions and requirements regarding United States Defense Articles added to the list of exempt Defense Articles pursuant to Article 3(2) of the Treaty;
(iii) limit a person from being a member of the United States Community, pursuant to Article 5(2) of the Treaty, if that person is generally ineligible to export pursuant to section 120.1(c) of title 22, Code of Federal Regulations; and
(iv) require any nongovernmental entity that ceases to be included in the United States Community to comply with instructions from authorized United States Government officials and to open its records of transactions under the Treaty to inspection by United States Government and, as appropriate, authorized United Kingdom Government officials pursuant to Article 12 of the Treaty.
(C) Before any exchange of notes pursuant to Article 20 of the Treaty, the President shall submit to the Congress-
(i) a certification that appropriate mechanisms have been established to identify, in connection with the process for determining whether a nongovernmental entity is in the United States Community pursuant to Article 5(2) of the Treaty, persons who meet the criteria in section 38(g)(1) of the Arms Export Control Act (22 U.S.C. 2778(g)(1));
(ii) a certification that appropriate mechanisms have been established to verify that nongovernmental entities in the United States that Export pursuant to the Treaty are eligible to export Defense Articles under United States law and regulation as required by Article 5(2) of the Treaty;
(iii) a certification that United States Department of Homeland Security personnel at United States ports---
(a) have prompt access to a State Department database containing registered exporters, freight forwarders and consignees, and watch lists regarding United States companies; and
(b) are prepared to prevent attempts to export pursuant to the Treaty by United States persons who are not eligible to export Defense Articles under United States law or regulation, even if such person has registered with the United States Government;
(iv) a certification that the Secretary of Defense has promulgated appropriate changes to the National Industrial Security Program Operating Manual and to Regulation DoD 5200.1-R, ""Information Security Program,"" and has issued guidance to industry regarding marking and other Treaty compliance requirements; and
(v) a certification that a capability has been established to conduct post-shipment verification, end-use/end-user monitoring and related security audits for Exports under the Treaty, accompanied by a report setting forth the legal authority, staffing and budget provided for this capability and any further Executive branch or congressional action recommended to ensure its effective implementation.
(2) Treaty partner preparation for treaty implementation.
Before any exchange of notes pursuant to Article 20 of the Treaty, the President shall certify to Congress that the Government of the United Kingdom has promulgated all necessary regulatory changes, including:
(A) changes to export control regulations, setting forth a Treaty-specific Open General Export License (OGEL);
(B) changes to the United Kingdom Security Policy Framework and related security regulations for Government and United Kingdom Industry; and
(C) changes to the MOD Classified Material Release Procedure (F680), to take account of Treaty Re-exports and Re-transfers.
(3) Joint operations, programs and projects.
The Secretary of State shall keep the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives informed of the lists of combined military and counter-terrorism operations developed pursuant to Article 3(1)(a) of the Treaty; cooperative security and defense research, development, production, and support programs developed pursuant to Article 3(1)(b) of the Treaty; and specific security and defense projects developed pursuant to article 3(1)(c) of the Treaty.
(4) Exempted defense articles.
(A) The President may remove a Defense Article from the list of Defense Articles exempt from the Scope of the Treaty, if such removal is not barred by United States law, 30 days after the President informs the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of such proposed removal.
(B) When a Defense Article is added to the list of Defense Articles exempt from the Scope of the Treaty, the Secretary of State shall provide a copy of the Federal Register Notice delineating the policies and procedures that will govern the control of such Defense Article, consistent with Section 4(7) of the Implementing Arrangement, as well as an explanation of the reasons for adopting those policies and procedures, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives within five days of the issuance of such Notice.
(5) Changes to the definition of the territory of the United Kingdom.
(A) The Secretary of State shall inform the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives within 15 days of the initiation of consultations with the United Kingdom concerning the inclusion of any additional territory or territories in the definition of ""Territory of the United Kingdom"" for the purposes of Article 1(8) of the Treaty, and shall inform the Committees within 15 days of receipt through diplomatic channels of notice that a territory or group of territories has been added to the definition of ""Territory of the United Kingdom"" for the purposes of Article 1(8) of the Treaty.
(B) The Secretary of State shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives before approving any addition to the United Kingdom Community of a non-governmental entity or facility outside the territory of England, Scotland, Wales, or Northern Ireland.
(6) Approved community membership.
(A) If sanctions are in effect against a person in the United Kingdom Community pursuant to section 73(a)(2)(B) or section 81 of the Arms Export Control Act (22 U.S.C. 2797b(a)(2)(B) or 2798), the United States shall raise the matter pursuant to Article 4(2) of the Treaty and Section 7(9) of the Implementing Arrangement.
(B) The Secretary of State shall inform the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives not later than 5 days before the U.S. Government agrees to the initial inclusion in the United Kingdom Community of a nongovernmental United Kingdom entity, if the Department of State is aware that the entity, or any one or more of its relevant senior officers or officials:
(i) Has been convicted of violating a statute cited in paragraph 38(g)(1) of the Arms Export Control Act (22 U.S.C. 2778(g)(1)); or
(ii) is, or would be if that person were a United States person,
(a) ineligible to contract with any agency of the U.S. Government;
(b) ineligible to receive a license or other form of authorization to export from any agency of the U.S. Government; or
(c) ineligible to receive a license or any form of authorization to import defense articles or defense services from any agency of the U.S. Government.
(C) The Secretary of State shall inform and consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives not later than 5 days after the United States Government agrees to the continued inclusion in the United Kingdom Community of a nongovernmental United Kingdom entity, if the Department is aware that the entity, or any one or more of its relevant senior officers or officials, raises one or more of the concerns referred to in paragraph (B).
(7) Transition policies and procedures.
(A) No fewer than 15 days before formally establishing the procedures called for in Section 5(5) of the Implementing Arrangement, the President shall provide to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report concerning the policies and procedures developed to govern the transition to the application of the Treaty, pursuant to Article 3(3) of the Treaty, of Defense Articles acquired and delivered under the Foreign Military Sales program.
(B) No fewer than 15 days before formally establishing the procedures called for in Section 8(2) of the Implementing Arrangement, the President shall provide to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report concerning the policies and procedures developed to govern the members of the United Kingdom Community wishing to transition to the processes established under the Treaty, pursuant to Article 14(2) of the Treaty, from the requirements of a United States Government export license or other authorization.
(8) Congressional oversight.
(A) The Secretary of State shall inform the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives promptly of any report, consistent with Section 11(4)(b)(vi) of the Implementing Arrangement, of a material violation of Treaty requirements or procedures by a member of the Approved Community.
(B) The Department of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regularly regarding issues raised in the Management Board called for in Section 12(3) of the Implementing Arrangement, and the resolution of such issues.
(9) Annual report.
Not later than March 31, 2011, and annually thereafter, the President shall submit to Congress a report, which shall cover all Treaty activities during the previous calendar year. This report shall include:
(A) a summary of the amount of Exports under the Treaty and of Defense Articles transitioned into the Treaty, with an analysis of how the Treaty is being used;
(B) a list of all political contributions, gifts, commissions and fees paid, or offered or agreed to be paid, by any person in connection with Exports of Defense Articles under the Treaty in order to solicit, promote, or otherwise to secure the conclusion of such sales;
(C) any action to remove from the United Kingdom Community a nongovernmental entity or facility previously engaged in activities under the Treaty, other than due to routine name or address changes or mergers and acquisitions;
(D) any concerns relating to infringement of intellectual property rights that were raised to the President or an Executive branch Department or Agency by Approved Community members, and developments regarding any concerns that were raised in previous years;
(E) a description of any relevant investigation and each prosecution pursued with respect to activities under the Treaty, the results of such investigations or prosecutions and of such investigations and prosecutions that continued over from previous years, and any shortfalls in obtaining prompt notification pursuant to Article 13(3) of the Treaty or in cooperation between the Parties pursuant to Article 13(3) and (4) of the Treaty;
(F) a description of any post-shipment verification, end-user/end-use monitoring, or other security activity related to Treaty implementation conducted during the year, the purposes of such activity and the results achieved; and
(G) any Office of Inspector General activity bearing upon Treaty implementation conducted during the year, any resultant findings or recommendations, and any actions taken in response to current or past findings or recommendations.
Section 3. Understandings.
The Senate's advice and consent to the ratification of the Treaty with the United Kingdom Concerning Defense Trade Cooperation is subject to the following understandings, which shall be included in the instrument of ratification:
(1) Meaning of the phrase ""identified in.""
It is the understanding of the United States that the phrase ""identified in"" in the Treaty shall be interpreted as meaning ""identified pursuant to.""
(2) Meaning of the word ""scope.""
It is the understanding of the United States that the word ""Scope"" in the Treaty shall be interpreted as meaning ""the Treaty's coverage as identified in Article 3.""
(3) Cooperative programs with exempt and non-exempt defense articles.
It is the understanding of the United States that if a cooperative program is mutually determined, consistent with Section 2(2)(e) of the Implementing Arrangement, to be within the Scope of the Treaty pursuant to Article 3(1)(b) of the Treaty despite involving Defense Articles that are exempt from the Scope of the Treaty pursuant to Article 3(2) of the Treaty, the exempt Defense Articles shall remain exempt from the Scope of the Treaty and the Treaty shall apply only to non-exempt Defense Articles required for the program.
(4) Investigations and reports of alleged violations.
It is the understanding of the United States that the words ""as appropriate"" in Section 10(3)(f) of the Implementing Arrangement do not detract in any way from the obligation in Article 13(3) of the Treaty, that ""Each Party shall promptly investigate all suspected violations and reports of alleged violations of the procedures established pursuant to this Treaty, and shall promptly inform the other Party of the results of such investigations.""
(5) Exempt defense articles.
It is the understanding of the United States that if one Party to the Treaty exempts a type of Defense Articles from the scope of the Treaty pursuant to Article 3(2) of the Treaty, then Defense Articles of that type will be treated as exempt by both Parties to the Treaty.
(6) Intermediate consignees.
It is the understanding of the United States that any intermediate consignee of an Export from the United States under the Treaty must be a member of the Approved Community or otherwise approved by the United States Government.
(7) Scope of treaty exemption.
The United States interprets the Treaty not to exempt any person or entity from any United States statutory and regulatory requirements, including any requirements of licensing or authorization, other than those included in the International Traffic in Arms Regulations, as modified or amended. Accordingly, the United States interprets the term 'license or other written authorization' in Article 2 and the term 'licenses or other authorizations' in Article 6(1), as these terms apply to the United States, and the term 'prior written authorization by the United States Government' in Article 7, to refer only to such licenses, licensing requirements, and other authorizations as are required or issued by the United States pursuant to the International Traffic in Arms Regulations, as modified or amended; and the United States interprets the reference to 'the applicable licensing requirements and the implementing regulations of the United States Arms Export Control Act' in Article 13(1) to refer only to the applicable licensing requirements under the International Traffic in Arms Regulations, as modified or amended.
Section 4. Declarations.
The Senate's advice and consent to the ratification of the Treaty with the United Kingdom Concerning Defense Trade Cooperation is subject to the following declarations:
(1) Self-execution.
This Treaty is not self-executing in the United States, notwithstanding the statement in the preamble to the contrary.
(2) Private rights.
This Treaty does not confer private rights enforceable in United States courts.
(3) Intellectual property rights.
No liability will be incurred by or attributed to the United States Government in connection with any possible infringement of privately owned patent or proprietary rights, either domestic or foreign, by reason of the United States Government's permitting Exports or Transfers or its approval of Re-exports or Re-transfers under the Treaty.
Section 5. Definitions.
As used in this resolution:
(1) The terms ""Treaty with the United Kingdom Concerning Defense Trade Cooperation"" and ""Treaty"" mean the Treaty between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Defense Trade Cooperation, done at Washington and London on June 21 and 26, 2007.
(2) The terms ""Implementing Arrangement Pursuant to the Treaty"" and ""Implementing Arrangement"" mean the Implementing Arrangement Pursuant to the Treaty between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Defense Trade Cooperation, which was signed in Washington on February 14, 2008.
(3) The terms ""Defense Articles,"" ""Export,"" ""Re-export,"" ""Re-transfer,"" ""Transfer,"" ""Approved Community,"" ""United States Community,"" ""United Kingdom Community,"" and ""Territory of the United Kingdom"" have the meanings given to them in Article 1 of the Treaty.
(4) The terms ""Management Board"" and ""Management Plan"" have the meanings given to them in Section 1 of the Implementing Arrangement.
(5) The terms ""person"" and ""foreign person"" have the meaning given to them by section 38(g)(9) of the Arms Export Control Act (22 U.S.C. 2778(g)(9)). The term ""U.S. person"" has the meaning given to it by part 120.15 of title 22, Code of Federal Regulations.
As approved:
Resolved (two-thirds of the Senators present concurring therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A RESERVATION, UNDERSTANDINGS, AND A DECLARATION.
The Senate advises and consents to the ratification of the Amendment to the Convention on the Physical Protection of Nuclear Material, adopted on July 8, 2005 (the ``Amendment'') (Treaty Doc. 110-6), subject to the reservation of section 2, the understandings of section 3, and the declaration of section 4.
SECTION 2. RESERVATION
The advice and consent of the Senate under section 1 is subject to the following reservation, which shall be included in the instrument of ratification:
Consistent with Article 17(3) of the Convention on the Physical Protection of Nuclear Material, the United States of America declares that it does not consider itself bound by Article 17(2) of the Convention on the Physical Protection of Nuclear Material with respect to disputes concerning the interpretation or application of the Amendment.
SECTION 3. UNDERSTANDINGS
The advice and consent of the Senate under section 1 is subject to the following understandings, which shall be included in the instrument of ratification:
(1) The United States of America understands that the term ``armed conflict'' in Paragraph 5 of the Amendment (Article 2 of the Convention on the Physical Protection of Nuclear Material, as amended) does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature.
(2) The United States of America understands that the term ``international humanitarian law'' in Paragraph 5 of the Amendment (Article 2 of the Convention on the Physical Protection of Nuclear Material, as amended) has the same substantive meaning as the law of war.
(3) The United States of America understands that, pursuant to Paragraph 5 of the Amendment (Article 2 of the Convention on the Physical Protection of Nuclear Material, as amended), the Convention on the Physical Protection of Nuclear Material, as amended, will not apply to: (a) the military forces of a State, which are the armed forces of a State organized, trained, and equipped under its internal law for the primary purpose of national defense or security, in the exercise of their official duties; (b) civilians who direct or organize the official activities of military forces of a State; or (c) civilians acting in support of the official activities of the military forces of a State, if the civilians are under the formal command, control, and responsibility of those forces.
SECTION 4. DECLARATION
The advice and consent of the Senate under section 1 is subject to the following declaration:
With the exception of the provisions that obligate the United States to criminalize certain offenses, make those offenses punishable by appropriate penalties, and authorize the assertion of jurisdiction over such offenses, this Amendment is self-executing. Included among the self-executing provisions are those provisions obligating the United States to treat certain offenses as extraditable offenses for purposes of bilateral extradition treaties. This Amendment does not confer private rights enforceable in United States courts.
" 110-4,110,4,International Convention for Suppression of Acts of Nuclear Terrorism,Terrorism,2007-07-12T00:00:00Z,,,"nuclear, td110-4, terrorism","As approved:
Resolved, (two-thirds of the Senators present concurring therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A RESERVATION, UNDERSTANDINGS, AND A DECLARATION
The Senate advises and consents to the ratification of the International Convention for the Suppression of Acts of Nuclear Terrorism, adopted on April 13, 2005, and signed on behalf of the United States of America on September 14, 2005 (the ""Convention'') (Treaty Doc. 110-4), subject to the reservation of section 2, the understandings of section 3, and the declaration of section 4.
SECTION 2. RESERVATION
The advice and consent of the Senate under section 1 is subject to the following reservation, which shall be included in the instrument of ratification:
Pursuant to Article 23(2) of the Convention, the United States of America declares that it does not consider itself bound by Article 23(1) of the Convention.
SECTION 3. UNDERSTANDINGS
The advice and consent of the Senate under section 1 is subject to the following understandings, which shall be included in the instrument of ratification:
(1) The United States of America understands that the term ""armed conflict'' in Article 4 of the Convention does not include situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature.
(2) The United States of America understands that the term ""international humanitarian law'' in Article 4 of the Convention has the same substantive meaning as the law of war.
(3) The United States of America understands that, pursuant to Article 4 and Article 1(6), the Convention does not apply to: (a) the military forces of a State, which are the armed forces of a State organized, trained, and equipped under its internal law for the primary purpose of national defense or security, in the exercise of their official duties; (b) civilians who direct or organize the official activities of military forces of a State; or (c) civilians acting in support of the official activities of the military forces of a State, if the civilians are under the formal command, control, and responsibility of those forces.
(4) The United States of America understands that current United States law with respect to the rights of persons in custody and persons charged with crimes fulfills the requirement in Article 12 of the Convention and, accordingly, the United States does not intend to enact new legislation to fulfill its obligations under this Article.
SECTION 4. DECLARATION
The advice and consent of the Senate under section 1 is subject to the following declaration:
With the exception of the provisions that obligate the United States to criminalize certain offenses, make those offenses punishable by appropriate penalties, and authorize the assertion of jurisdiction over such offenses, this Convention is self-executing. Included among the self-executing provisions are those provisions obligating the United States to treat certain offenses as extraditable offenses for purposes of bilateral extradition treaties. None of the provisions in the Convention, including Articles 10 and 12, confer private rights enforceable in United States courts.
" 110-3,110,3,Tax Convention with Belgium,Taxation,2007-06-21T00:00:00Z,,Belgium,"110-3, belgium, double taxation, evasion, fiscal, income, tax, taxation, td110-3","As approved:
Resolved (two-thirds of the Senators present concurring therein), The Senate advises and consents to the ratification of the Convention between the Government of the United States of America and the Government of the Kingdom of Belgium for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, and accompanying Protocol, signed at Brussels on November 27, 2006 (Treaty Doc. 110-3).
" 110-2,110,2,Singapore Treaty on the Law of Trademarks,Trademarks/Patents,2007-05-03T00:00:00Z,,,"110-2, Singapore, TD110-2, trademark license recordation, trademarks","As approved As recommended:
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 Singapore Treaty on the Law of Trademarks adopted in Singapore on March 27, 2006 and signed by the United States at Singapore on March 28, 2006 (Treaty Doc. 110-2), subject to the condition of section 2.
SECTION 2. CONDITION
The advice and consent of the Senate under section 1 is subject to the following condition:
Report on Amendments to the Regulations. Not later than 60 days after the Assembly has agreed to an amendment to the Regulations pursuant to Article 22 and Article 23 of the Treaty, the Secretary of State shall transmit the text of the amendment to the Committee on Foreign Relations and the Committee on the Judiciary of the Senate.
" 110-1,110,1,Land-Based Sources Protocol to Cartagena Convention,Shipping and Marine Pollution,2007-02-16T00:00:00Z,,,"110-1, TD110-1, aruba, caribbean, caribbean region, environment, land-based sources, marine, pollution, protection, cartagena, cartagena convention","Resolved, (two-thirds of the Senators present concurring therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO DECLARATIONS
The Senate advises and consents to the ratification of the Protocol Concerning Pollution from Land-Based Sources and Activities to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region, with Annexes, done at Oranjestad, Aruba, on October 6, 1999 (Treaty Doc. 110-1), subject to the declaration of section 2 and the declaration of 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 instrument of ratification:
In accordance with Article XVIII, the United States of America declares that, with respect to the United States of America, any new annexes to the Protocol shall enter into force only upon the deposit of its instrument of ratification, acceptance, approval or accession with respect thereto.
SECTION 3. DECLARATION
The advice and consent of the Senate under section 1 is subject to the following declaration:
This Protocol is not self-executing.
"