As approved by the Senate:
Resolved, (two-thirds of the Senators present concurring therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO DECLARATIONS, AN UNDERSTANDING, AND CONDITIONS.
The Senate advises and consents to the ratification of the Protocol to the North Atlantic Treaty of 1949 on the Accession of Montenegro, which was opened for signature at Brussels on May 19, 2016, and signed that day on behalf of the United States of America (the “Protocol”) (Treaty Doc. 114-12), subject to the declarations of section 2 and the conditions of section 3.
SEC. 2. DECLARATIONS.
The advice and consent of the Senate under section 1 is subject to the following declarations:
(1) REAFFIRMATION THAT UNITED STATES MEMBERSHIP IN NATO REMAINS A VITAL NATIONAL SECURITY INTEREST OF THE UNITED STATES.-The Senate declares that-
(A) for more than 60 years the North Atlantic Treaty Organization (NATO) has served as the preeminent organization to defend the countries in the North Atlantic area against all external threats;
(B) through common action, the established democracies of North America and Europe that were joined in NATO persevered and prevailed in the task of ensuring the survival of democratic government in Europe and North America throughout the Cold War;
(C) NATO enhances the security of the United States by embedding European states in a process of cooperative security planning and by ensuring an ongoing and direct leadership role for the United States in European security affairs;
(D) the responsibility and financial burden of defending the democracies of Europe and North America can be more equitably shared through an alliance in which specific obligations and force goals are met by its members;
(E) the security and prosperity of the United States is enhanced by NATO’s collective defense against aggression that may threaten the security of NATO members; and
(F) United States membership in NATO remains a vital national security interest of the United States.
(2) STRATEGIC RATIONALE FOR NATO ENLARGEMENT.-The Senate finds that-
(A) the United States and its NATO allies face continued threats to their stability and territorial integrity;
(B) an attack against Montenegro, or its destabilization arising from external subversion, would threaten the stability of Europe and jeopardize United States national security interests;
(C) Montenegro, having established a democratic government and having demonstrated a willingness to meet the requirements of membership, including those necessary to contribute to the defense of all NATO members, is in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area; and
(D) extending NATO membership to Montenegro will strengthen NATO, enhance stability in Southeast Europe, and advance the interests of the United States and its NATO allies.
(3) SUPPORT FOR NATO’S OPEN DOOR POLICY.-The policy of the United States is to support NATO’s Open Door Policy that allows any European country to express its desire to join NATO and demonstrate its ability to meet the obligations of NATO membership.
(4) FUTURE CONSIDERATION OF CANDIDATES FOR MEMBERSHIP IN NATO.-
(A) Senate finding.-The Senate finds that the United States will not support the accession to the North Atlantic Treaty of, or the invitation to begin accession talks with, any European state (other than Montenegro), unless-
(i) the President consults with the Senate consistent with Article II, section 2, clause 2 of the Constitution of the United States (relating to the advice and consent of the Senate to the making of treaties); and
(ii) the prospective NATO member can fulfill all of the obligations and responsibilities of membership, and the inclusion of such state in NATO would serve the overall political and strategic interests of NATO and the United States.
(B) REQUIREMENT FOR CONSENSUS AND RATIFICATION.-The Senate declares that no action or agreement other than a consensus decision by the full membership of NATO, approved by the national procedures of each NATO member, including, in the case of the United States, the requirements of Article II, section 2, clause 2 of the Constitution of the United States (relating to the advice and consent of the Senate to the making of treaties), will constitute a commitment to collective defense and consultations pursuant to Articles 4 and 5 of the North Atlantic Treaty.
(5) INFLUENCE OF NON-NATO MEMBERS ON NATO DECISIONS.-The Senate declares that any country that is not a member of NATO shall have no impact on decisions related to NATO enlargement.
(6) SUPPORT FOR 2014 WALES SUMMIT DEFENSE SPENDING BENCHMARK.-The Senate declares that all NATO members should continue to move towards the guideline outlined in the 2014 Wales Summit Declaration to spend a minimum of 2 percent of their Gross Domestic Product (GDP) on defense and 20 percent of their defense budgets on major equipment, including research and development, by 2024.
(7) SUPPORT FOR MONTENEGRO’S DEMOCRATIC REFORM PROCESS.-Montenegro has made difficult reforms and taken steps to address corruption. The United States and other NATO member states should not consider this important process complete and should continue to urge additional reforms.
SEC. 3. CONDITIONS.
The advice and consent of the Senate under section 1 is subject to the following conditions:
(1) PRESIDENTIAL CERTIFICATION.-Prior to the deposit of the instrument of ratification, the President shall certify to the Senate as follows:
(A) The inclusion of Montenegro in NATO will not have the effect of increasing the overall percentage share of the United States in the common budgets of NATO.
(B) The inclusion of Montenegro 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.
(2) ANNUAL REPORT ON NATO MEMBER DEFENSE SPENDING.-Not later than December 1 of each year during the 8-year period following the date of entry into force of the Protocol to the North Atlantic Treaty of 1949 on the Accession of Montenegro, the President shall submit to the appropriate congressional committees a report, which shall be submitted in an unclassified form, but may be accompanied by a classified annex, and which shall contain the following information:
(A) The amount each NATO member spent on its national defense in each of the previous 5 years.
(B) The percentage of GDP for each of the previous 5 years that each NATO member spent on its national defense.
(C) The percentage of national defense spending for each of the previous 5 years that each NATO member spent on major equipment, including research and development.
(D) Details on the actions a NATO member has taken in the most recent year reported to move closer towards the NATO guideline outlined in the 2014 Wales Summit Declaration to spend a minimum of 2 percent of its GDP on national defense and 20 percent of its national defense budget on major equipment, including research and development, if a NATO member is below either guideline for the most recent year reported.
SEC. 4. DEFINITIONS.
In this resolution:
(1) 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 Foreign Affairs and the Committee on Armed Services of the House of Representatives.
(2) NATO MEMBERS.-The term “NATO members” means all countries that are parties to the North Atlantic Treaty.
(3) NON-NATO MEMBERS.-The term “non-NATO members” means all countries that are not parties to the North Atlantic Treaty.
(4) NORTH ATLANTIC AREA.-The term “North Atlantic area” means the area covered by Article 6 of the North Atlantic Treaty, as applied by the North Atlantic Council.
(5) NORTH ATLANTIC TREATY.-The term “North Atlantic Treaty” means the North Atlantic Treaty, signed at Washington April 4, 1949 (63 Stat. 2241; TIAS 1964), as amended.
(6) UNITED STATES INSTRUMENT OF RATIFICATION.-The term “United States instrument of ratification” means the instrument of ratification of the United States of the Protocol to the North Atlantic Treaty of 1949 on the Accession of Montenegro.
" 114-11,114,11,Treaty with Kazakhstan on Mutual Legal Assistance in Criminal Matters,Mutual Legal Assistance,2016-03-17T00:00:00Z,,Kazakhstan,"114-11, Criminal, Kazakhstan, Mutual Legal Assistance, TD 114-11","As approved by the Senate:
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 United States of America and the Republic of Kazakhstan on Mutual Legal Assistance in Criminal Matters, signed at Washington on February 20, 2015 (Treaty Doc. 114-11), subject to the declaration of section 2.
SEC. 2. DECLARATION.
The advice and consent of the Senate under section 1 is subject to the following declaration: The Treaty is self-executing.
" 114-10,114,10,Extradition Treaty with the Dominican Republic.,Extradition,2016-02-10T00:00:00Z,,Dominican Republic,"114-10, Dominican Republic, TD 114-10, extradition","As approved by the Senate:
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 Dominican Republic, signed at Santo Domingo on January 12, 2015 (Treaty Doc. 114-10), subject to the declaration of section 2.
SEC. 2. DECLARATION.
The advice and consent of the Senate under section 1 is subject to the following declaration: The Treaty is self-executing.
" 114-5,114,5,U.N. Convention on the Use of Electronic Communications in International Contracts,Telecommunications,2016-02-10T00:00:00Z,,,"Electronic Communications, International Contracts, International Trade Law, TD 114-5, Treaty Doc. 114-5, United Nations Convention", 114-6,114,6,"Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled",Intellectual Property/Copyrights,2016-02-10T00:00:00Z,,,"Intellectual Property, Marrakesh, TD 114-6, Treaty Doc. 114-6, copyright, creative works, published works","As approved by the Senate:
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 Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, Done at Marrakesh on June 27, 2013 (Treaty Doc. 114-6), subject to the declaration of section 2.
SEC. 2. DECLARATION.
The Senate’s advice and consent under section 1 is subject to the following declaration: The Treaty is not self-executing.
As approved by the Senate:
Resolved, (two-thirds of the Senators present concurring therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO UNDERSTANDINGS AND DECLARATIONS.
The Senate advises and consents to the ratification of the United Nations Convention on the Assignment of Receivables in International Trade, done at New York on December 12, 2001, and signed by the United States on December 30, 2003 (the “Convention”) (Treaty Doc. 114-7), subject to the understandings of section 2 and the declarations of sections 3 and 4.
SEC. 2. UNDERSTANDINGS.
The Senate’s advice and consent under section 1 is subject to the following understandings, which shall be included in the instrument of ratification:
(1) It is the understanding of the United States that paragraph (2)(e) of Article 4 excludes from the scope of the Convention the assignment of-
(A) receivables that are securities, regardless of whether such securities are held with an intermediary; and
(B) receivables that are not securities, but are financial assets or instruments, if such financial assets or instruments are held with an intermediary.
(2) It is the understanding of the United States that the phrase “that place where the central administration of the assignor or the assignee is exercised,” as used in Articles 5(h) and 36 of the Convention, has a meaning equivalent to the phrase, “that place where the chief executive office of the assignor or assignee is located.”
(3) It is the understanding of the United States that the reference, in the definition of “financial contract” in Article 5(k), to “any other transaction similar to any transaction referred to above entered into in financial markets” is intended to include transactions that are or become the subject of recurrent dealings in financial markets and under which payment rights are determined by reference to-
(A) underlying asset classes; or
(B) quantitative measures of economic or financial risk or value associated with an occurrence or contingency. Examples are transactions under which payment rights are determined by reference to weather statistics, freight rates, emissions allowances, or economic statistics.
(4) It is the understanding of the United States that because the Convention applies only to “receivables,” which are defined in Article 2(a) as contractual rights to payment of a monetary sum, the Convention does not apply to other rights of a party to a license of intellectual property or an assignment or other transfer of an interest in intellectual property or other types of interests that are not a contractual right to payment of a monetary sum.
(5) The United States understands that, with respect to Article 24 of the Convention, the Article requires a Contracting State to provide a certain minimum level of rights to an assignee with respect to proceeds, but that it does not prohibit Contracting States from providing additional rights in such proceeds to such an assignee.
SEC. 3. DECLARATIONS TO BE INCLUDED IN THE INSTRUMENT OF RATIFICATION.
The Senate’s advice and consent under section 1 is subject to the following declarations, which shall be included in the instrument of ratification:
(1) Pursuant to Article 23(3), the United States declares that, in an insolvency proceeding of the assignor, the insolvency laws of the United States or its territorial units may under some circumstances-
(A) result in priority over the rights of an assignee being given to a lender extending credit to the insolvency estate, or to an insolvency administrator that expends funds of the insolvency estate for the preservation of the assigned receivables (see, for example, title 11 of the United States Code, sections 364(d) and 506(c)); or
(B) subject the assignment of receivables to avoidance rules, such as those dealing with preferences, undervalued transactions and transactions intended to defeat, delay, or hinder creditors of the assignor.
(2) Pursuant to Article 36 of the Convention, the United States declares that, with respect to an assignment of receivables governed by enactments of Article 9 of the Uniform Commercial Code, as adopted in one of its territorial units, if an assignor’s location pursuant to Article 5(h) of the Convention is the United States and, under the location rules contained in section 9-307 of the Uniform Commercial Code, as adopted in that territorial unit, the assignor is located in a territorial unit of the United States, that territorial unit is the location of the assignor for purposes of this Convention.
(3) Pursuant to Article 37 of the Convention, the United States declares that any reference in the Convention to the law of the United States means the law in force in the territorial unit thereof determined in accordance with Article 36 and the Article 5(h) definition of location. However, to the extent under the conflict-of-laws rules in force in that territorial unit, a particular matter would be governed by the law in force in a different territorial unit of the United States, the reference to “law of the United States” with respect to that matter is to the law in force in the different territorial unit. The conflict-of-laws rules referred to in the preceding sentence refer primarily to the conflict-of-laws rules in section 9-301 of the Uniform Commercial Code as enacted in each State of the United States.
(4) Pursuant to Article 39 of the Convention, the United States declares that it will not be bound by chapter V of the Convention.
(5) Pursuant to Article 40, the United States declares that the Convention does not affect contractual anti-assignment provisions where the debtor is a governmental entity or an entity constituted for a public purpose in the United States.
SEC. 4. SELF-EXECUTION DECLARATION.
The Senate’s advice and consent under section 1 is subject to the following declaration: This Convention is self-executing.
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 Hashemite Kingdom of Jordan on Mutual Legal Assistance in Criminal Matters, signed at Washington on October 1, 2013 (Treaty Doc. 114-4), subject to the declaration of section 2.
SEC. 2. DECLARATION.
The advice and consent of the Senate under section 1 is subject to the following declaration: The Treaty is self-executing.
" 114-3,114,3,Treaty with Algeria on Mutual Legal Assistance in Criminal Matters.,Extradition and Criminal Assistance,2015-10-05T00:00:00Z,,Algeria,"114-3, Algeria, Criminal, Mutual Legal Assistance, TD114-3","As approved by the Senate:
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 People’s Republic of Algeria on Mutual Legal Assistance in Criminal Matters, signed at Washington on April 7, 2010 (Treaty Doc. 114-3), subject to the declaration of section 2.
SEC. 2. DECLARATION.
The advice and consent of the Senate under section 1 is subject to the following declaration: The Treaty is self-executing.
" 114-2,114,2,Protocol to the Treaty on a Nuclear-Weapon-Free Zone in Central Asia,Arms Control,2015-04-27T00:00:00Z,,,"Central Asia, TD 114-2, Treaty Doc. 114-2, non-proliferation, nuclear-weapon-free zone, protocol", 114-1,114,1,Protocol Amending the Tax Convention with Japan,Taxation,2015-04-13T00:00:00Z,,Japan,"Japan, Protocol Amending Convention, TD114-1, Tax, Treaty Doc. 114-1","As approved by the Senate:
Resolved (two-thirds of the Senators present concurring therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION AND CONDITIONS.
The Senate advises and consents to the ratification of the Protocol Amending the Convention between the Government of the United States of America and the Government of Japan for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, and a related agreement entered into by an exchange of notes, both signed at Washington January 24, 2013, as corrected by exchange of notes on March 9 and 29, 2013 (the “Protocol”) (Treaty Doc. 114-1), subject to the declaration of section 2 and the conditions in section 3.
SEC. 2. DECLARATION.
The advice and consent of the Senate under section 1 is subject to the following declaration: The Protocol is self-executing.
SEC. 3. CONDITIONS.
The advice and consent of the Senate under section 1 is subject to the following conditions:
(1) Not later than 2 years after the Protocol enters into force and prior to the first arbitration conducted pursuant to the binding arbitration mechanism provided for in the Protocol, the Secretary of the Treasury shall transmit to the Committee on Finance and the Committee on Foreign Relations of the Senate and the Joint Committee on Taxation the text of the rules of procedure applicable to arbitration panels, including conflict of interest rules to be applied to members of the arbitration panel.
(2)(A) Not later than 60 days after a determination has been reached by an arbitration panel in the tenth arbitration proceeding conducted pursuant to the Protocol or any of the treaties described in subparagraph (B), the Secretary of the Treasury shall prepare and submit to the Joint Committee on Taxation and the Committee on Finance of the Senate, subject to laws relating to taxpayer confidentiality, a detailed report regarding the operation and application of the arbitration mechanism contained in the Protocol and such treaties. The report shall include the following information:
(i) For the Protocol and each such treaty, the aggregate number of cases pending on the respective dates of entry into force of the Protocol and each treaty, including the following information:
(I) The number of such cases by treaty article or articles at issue.
(II) The number of such cases that have been resolved by the competent authorities through a mutual agreement as of the date of the report.
(III) 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 the Protocol and each such treaty, including the following information regarding each case:
(I) The commencement date of the case for purposes of determining when arbitration is available.
(II) Whether the adjustment triggering the case, if any, was made by the United States or the relevant treaty partner.
(III) Which treaty the case relates to.
(IV) The treaty article or articles at issue in the case.
(V) The date the case was resolved by the competent authorities through a mutual agreement, if so resolved.
(VI) The date on which an arbitration proceeding commenced, if an arbitration proceeding commenced.
(VII) The date on which a determination was reached by the arbitration panel, if a determination was reached, and an indication as to whether the panel 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 panel pursuant to the Protocol or any such treaty, the following information:
(I) In the case of a dispute submitted under the Protocol, an indication as to whether the presenter of the case to the competent authority of a Contracting State submitted a Position Paper for consideration by the arbitration panel.
(II) An indication as to whether the determination of the arbitration panel was accepted by each concerned person.
(III) 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.
(IV) The proposed resolutions (income, expense, or taxation) submitted by each competent authority to the arbitration panel.
(B) The treaties referred to in subparagraph (A) are-
(i) 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, done at Berlin June 1, 2006 (Treaty Doc. 109-20) (the “2006 German Protocol”);
(ii) 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, done at Brussels July 9, 1970 (the “Belgium Convention”) (Treaty Doc. 110-3);
(iii) the Protocol Amending the Convention between the United States of America and Canada with Respect to Taxes on Income and on Capital, signed at Washington September 26, 1980 (the “2007 Canada Protocol”) (Treaty Doc. 110-15); and
(iv) the Protocol Amending the Convention between the Government of the United States of America and the Government of the French Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital, signed at Paris August 31, 1994 (the “2009 France Protocol”) (Treaty Doc. 111-4).
(3) The Secretary of the Treasury shall prepare and submit the detailed report required under 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 panel, and noted as such in prior reports may be omitted.
(4) The reporting requirements referred to in paragraphs (2) and (3) supersede the reporting requirements contained in paragraphs (2) and (3) of section 3 of the resolution of advice and consent to ratification of the 2009 France Protocol, approved by the Senate on December 3, 2009.