treaties: 107-3
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 |
|---|---|---|---|---|---|---|---|---|---|
| 107-3 | 107 | 3 | Treaty with India on Mutual Legal Assistance In Criminal Matters | Extradition and Criminal Assistance | 2002-04-08T00:00:00Z | India | 107-3, India, T.Doc. 107-3 | <!DOCTYPE html><html xmlns="http://www.w3.org/1999/xhtml" lang="en"><head><meta name="dc:title" content="[107] TreatyRes. 20 for Treaty Doc.107 - 3" /><meta name="Content-Type" content="application/rtf" /><title>[107] TreatyRes. 20 for Treaty Doc.107 - 3</title></head><body><p><b>As approved:</b></p><p><b>Section 1. Advice and Consent to Ratification of the Treaty with India on Mutual Legal Assistance in Criminal Matters, subject to an understanding and conditions.</b></p><p> The Senate advises and consents to the ratification of the Treaty Between the Government of the United States of America and the Government of the Republic of India on Mutual Legal Assistance in Criminal Matters, signed at New Delhi on October 17, 2001 (Treaty Doc. 107-3; in this resolution referred to as the “Treaty”), subject to the understanding in section 2 and the conditions in section 3.</p><p><b>Section 2. Understanding.</b></p><p> 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:</p><p> Prohibition on Assistance to the International criminal Court. – The United States shall exercise its rights to limit the use of assistance that it provides under the Treaty so that any assistance provided by the Government of the United States shall not be transferred to or otherwise used to assist the International Criminal Court unless the treaty establishing the Court has entered into force for the United States by and with the advice of the Senate in accordance with Article II, Section 2 of the United States Constitution, or unless the President has waived any applicable prohibition on provision of such assistance in accordance with applicable United States law. </p><p><b>Section 3. Conditions.</b></p><p> The advice and consent of the Senate under section 1 is subject to the following conditions:</p><p> (1) Limitation on Assistance. – Pursuant to the right of the United States under the Treaty to deny legal assistance that would prejudice the essential public policy or interests of the United States, the United States shall deny any request for such assistance if the Central Authority of the United States (as designated in Article 2(2) of the Treaty), after consultation with all appropriate intelligence, anti-narcotic, and foreign policy agencies, has specific information that a senior Government official of the requesting party who will have access to information to be provided as part of such assistance is engaged in a felony, including the facilitation of the production or distribution of illegal drugs.</p><p> (2) Supremacy of the Constitution. – Nothing in the Treaty requires or authorizes legislation or other action by the United States that is prohibited by the Constitution of the United States as interpreted by the United States.</p><p></p><p></p></body></html> |
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