treaties: 109-6
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
This data as json
| id | congress | number | title | topic | transmitted_date | in_force_date | countries | index_terms | resolution_text |
|---|---|---|---|---|---|---|---|---|---|
| 109-6 | 109 | 6 | U. N. Convention Against Corruption | Extradition and Criminal Assistance | 2005-10-27T00:00:00Z | 109-6, U.N., United Nations, corruption, criminal, extradition, legal, td109-6 | <!DOCTYPE html><html xmlns="http://www.w3.org/1999/xhtml" lang="en"><head><meta name="dc:title" content="[109] TreatyRes. 17 for Treaty Doc.109 - 6" /><meta name="Content-Type" content="application/rtf" /><title>[109] TreatyRes. 17 for Treaty Doc.109 - 6</title></head><body><p><b>As recommended by the Committee on Foreign Relations:</b></p><p><b>Resolved (two-thirds of the Senators present concurring therein), </b></p><p></p><p><b>SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO RESERVATIONS AND DECLARATIONS</b></p><p></p><p><b>The Senate advises and consents to the ratification of the United Nations Convention Against Corruption (hereinafter in this resolution referred to as the ``Convention''), adopted by the United Nations General Assembly on October 31, 2003, and signed by the United States on December 9, 2003, at Merida, Mexico (T. Doc. 109096), subject to the reservations in section 2 and the declarations in section 3.</b></p><p></p><p><b>SECTION 2. RESERVATIONS</b></p><p></p><p><b>The advice and consent of the Senate under section 1 is subject to the following reservations, which shall be included in the United States instrument of ratification: </b></p><p></p><p><b>(1) The United States of America reserves the right to assume obligations under the Convention in a manner consistent with its fundamental principles of federalism, pursuant to which both federal and state criminal laws must be considered in relation to the conduct addressed in the Convention. U.S. federal criminal law, which regulates conduct based on its effect on interstate or foreign commerce, or another federal interest, serves as an important component of the legal regime within the United States for combating corruption and is broadly effective for this purpose. Federal criminal law does not apply where such criminal conduct does not so involve interstate or foreign commerce, or another federal interest. There are conceivable situations involving offenses of a purely local character where U.S. federal and state criminal law may not be entirely adequate to satisfy an obligation under the Convention. Similarly, in the U.S. system, the states are responsible for preventive measures governing their own officials. While the states generally regulate their own affairs in a manner consistent with the obligations set forth in the chapter on preventive measures in the Convention, in some cases they may do so in a different manner. Accordingly, there may be situations where state and federal law will not be entirely adequate to satisfy an obligation in Chapters II and III of the Convention. The United States of America therefore reserves to the obligations set forth in the Convention to the extent they (1) address conduct that would fall within this narrow category of highly localized activity or (2) involve preventive measures not covered by federal law governing state and local officials. This reservation does not affect in any respect the ability of the United States to provide international cooperation to other States Parties in accordance with the provisions of the Convention.</b></p><p></p><p><b>(2) The United States of America reserves the right not to apply in part the obligation set forth in Article 42, paragraph 1(b) with respect to the offenses established in accordance with the Convention. The United States does not provide for plenary jurisdiction over offenses that are committed on board ships flying its flag or aircraft registered under its laws. However, in many circumstances, U.S. law provides for jurisdiction over such offenses committed on board U.S.-flagged ships or aircraft registered under U.S. law. Accordingly, the United States shall implement paragraph 1(b) to the extent provided for under its federal law.</b></p><p></p><p><b>SECTION 3. DECLARATIONS</b></p><p></p><p><b>(a) The advice and consent of the Senate under section 1 is subject to the following declaration:</b></p><p></p><p><b>The United States of America declares that, in view of its reservations, current United States law, including the laws of the States of United States, fulfills the obligations of the Convention for the United States. Accordingly, the United States of America does not intend to enact new legislation to fulfill its obligations under the Convention.</b></p><p></p><p><b>(b) The advice and consent of the Senate under section 1 is subject to the following declarations, which shall be included in the United States instrument of ratification:</b></p><p></p><p><b>(1) In accordance with Article 66, paragraph 3, the United States of America declares that it does not consider itself bound by the obligation set forth in Article 66, paragraph 2. </b></p><p></p><p><b>(2) The United States declares that the provisions of the Convention (with the exception of Articles 44 and 46) are non-self-executing. None of the provisions of the Convention creates a private right of action.</b></p><p></p><p></p><p></p></body></html> |
Links from other tables
- 6 rows from treaty_id in treaty_actions