treaties: 103-20

Treaties submitted to the Senate (Congresses 89–119), with countries, index terms, and resolution text.

Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API

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id congress number title topic transmitted_date in_force_date countries index_terms resolution_text
103-20 103 20 CONVENTION ON BIOLOGICAL DIVERSITY Fisheries and Wildlife 1993-11-20T00:00:00Z     103-20, BIOLOGICAL, BIOLOGICAL DIVERSITY, ENVIRONMENT, GENETIC RESOURCES, S. Res. 239 (105th) <!DOCTYPE html><html xmlns="http://www.w3.org/1999/xhtml" lang="en"><head><meta name="dc:title" content="[103] TreatyRes. 20 for Treaty Doc.103 - 20" /><meta name="Content-Type" content="application/rtf" /><title>[103] TreatyRes. 20 for Treaty Doc.103 - 20</title></head><body><p>TEXT OF RESOLUTION OF ADVICE AND CONSENT TO RATIFICATION AS RECOMMENDED BY THE COMMITTEE ON FOREIGN RELATIONS:</p><p>Resolved, (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Convention on Biological Diversity, with Annexes, Done at Rio de Janeiro June 5, 1992, and Signed by the United States in New York on June 4, 1993, subject to the following understandings:</p><p> (1) The Government of the United States of America understands that Article 3 references a principle to be taken into account in the implementation of the Convention.</p><p> (2) It is the understanding of the Government of the United States of America with respect to provisions addressing access to and transfer of technology that:</p><p> (a) "fair and most favorable terms" in Article 16(2) means terms that are voluntarily agreed to by all parties to the transaction;</p><p> (b) with respect to technology subject to patents and other intellectual property rights, Parties must ensure that any access to or transfer of technology that occurs recognizes and is consistent with the adequate and effective protection of intellectual property rights, and that Article 16(5) does not alter this obligation.</p><p> (3) It is the understanding of the Government of the United States of America with respect to provisions addressing the conduct and location of research based on genetic resources that:</p><p> (a) Article 15(6) applies only to scientific research conducted by a Party, while Article 19(1) addressed measures taken by Parties regarding scientific research conducted by either public or private entities;</p><p> (b) Article 19(1) cannot serve as a basis for any Party to unilaterally change to terms of existing agreements involving public or private U.S. entities.</p><p> (4) It is the understanding of the Government of the United States of America that, with respect to Article 20(2), the financial resources provided by developed country Parties are to enable developing country Parties to meet the agreed full incremental costs to them of implementing measures that fulfill the obligations of the Convention and to benefit from its provisions and that are agreed between a developing country Party and the institutional structure referred to in Article 21.</p><p> (5) It is the understanding of the Government of the United States of America that, with respect to Article 21(1), the "authority" of the Conference of the Parties with respect to the financial mechanism relates to determining, for the purposes of this Convention, the policy, strategy, program priorities and eligibility criteria relating to the access to and utilization of such resources.</p><p> (6) The Government of the United States of America understands that the decision to be taken by the Conference of the Parties under Article 21, Paragraph 1, concerns "the amount of resourced needed" by the financial mechanism, and that nothing in Article 20 or 21 authorizes the Conference of the Parties to take decisions concerning the amount, nature, frequency or size of the contributions of the Parties to the institutional structure.</p><p> (7) The Government of the United States of America understands that although the provisions of this Convention do not apply to any warship, naval auxiliary, or other vessels or aircraft owned or operated by a State and used, for the time being, only on government non-commercial service, each State shall ensure, by the adoption of appropriate measures not impairing operations or operational capabilities of such vessels or aircraft owned or operated by it, that such vessels or aircraft act in a manner consistent, so far as is reasonable and practicable, with this Convention.</p></body></html>

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