treaties: 105-48

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

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id congress number title topic transmitted_date in_force_date countries index_terms resolution_text
105-48 105 48 INTER-AMERICAN CONVENTION ON SEA TURTLES Fisheries and Wildlife 1998-05-22T00:00:00Z 1998-05-22T00:00:00Z   105-48 <!DOCTYPE html><html xmlns="http://www.w3.org/1999/xhtml" lang="en"><head><meta name="dc:title" content="[106] TreatyRes. 7 for Treaty Doc.105 - 48" /><meta name="Content-Type" content="application/rtf" /><title>[106] TreatyRes. 7 for Treaty Doc.105 - 48</title></head><body><p><b>As approved by a division vote of the Senate:</b></p><p><b>Resolved, (two thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Inter-American Convention for the Protection and Conservation of Sea Turtles, With Annexes, done at Caracas, Venezuela, on December 1, 1996 (Treaty Doc. 105-48), which was signed by the United States, subject to ratification, on December 13, 1996, referred to in this resolution of ratification as "The Convention," subject to the understandings of subsection (a), the declarations of subsection (b) and the provisos of subsection (c).</b></p><p><b> (a) Understandings.--The advice and consent of the Senate is subject to the following understandings, which shall be included in the instrument of ratification of the Convention and shall be binding on the President:</b></p><p><b> (1) ARTICLE VI ("Secretariat").&ndash;- The United States understands that no permanent secretariat is established by this Convention, and that nothing in the Convention obligates the United States to appropriate funds for the purpose of establishing a permanent secretariat now or in the future. </b></p><p><b> (2) ARTICLE XII ("International Cooperation").-- The United States understands that, upon entry into force of this Convention for the United States, the United States will have no binding obligation under the Convention to provide additional funding or technical assistance for any of the measures listed in Article XII.</b></p><p><b> (3) ARTICLE XIII ("Financial Resources").-- Bearing in mind the provisions of paragraph (7), the United States understands that establishment of a "special fund," as described in this Article, imposes no obligation on Parties to participate or contribute to the fund.</b></p><p><b> (b) Declarations.&ndash; The advice and consent of the Senate is subject to the following declarations:</b></p><p><b> (1) "NO RESERVATIONS" CLAUSE.- Concerning Article XXIII, it is the sense of the Senate that this "no reservations" provision has the effect of inhibiting the Senate in its exercise of its constitutional duty to give advice and consent to ratification of a treaty, and the Senate's approval of these treaties should not be construed as a precedent for acquiescence to future treaties containing such provisions.</b></p><p><b> (2) TREATY INTERPRETATION.- The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the State Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997.</b></p><p><b> (3) NEW LEGISLATION.- Existing federal legislation provides sufficient legislative authority to implement United States obligations under the Convention. Accordingly, no new legislation is necessary in order for the United States to implement the Convention. Because all species of sea turtles occurring in the Western Hemisphere are listed as endangered or threatened under the Endangered Species Act of 1973, as amended (Title 16, United States Code, Section 1536 et seq.), said Act will serve as the basic authority for implementation of United States obligations under the Convention.</b></p><p><b> (4) ARTICLES IX AND X ("Monitoring Programs,""Compliance").-- The United States understands that nothing in the Convention precludes the boarding, inspection or arrest by United States authorities of any vessel which is found within United States territory or maritime areas with respect to which it exercises sovereignty, sovereign rights or jurisdiction, for purposes consistent with Articles IX and X of this Convention.</b></p><p><b> (5) It is the sense of the Senate that the entry into force and implementation of this Convention in the United States should not interfere with the right of waterfront property owners, public or private, to use or alienate their property as they see fit consistent with pre-existing domestic law.</b></p><p><b> (c) Provisos.-- The advice and consent of the Senate is subject to the following provisos:</b></p><p><b> (1) REPORT TO CONGRESS.- The Secretary of State shall provide to the Committee on Foreign Relations of the Senate a copy of each annual report prepared by the United States in accordance with Article XI of the Convention. The Secretary shall include for the Committee's information a list of "traditional communities" exceptions which may have been declared by any party to the Convention.</b></p><p><b> (2) Supremacy of the Constitution.__Nothing in the Convention requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.</b></p><p></p><p></p></body></html>

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