[Congressional Record Volume 140, Number 88 (Monday, July 11, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 11, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                     EXECUTIVE REPORTS OF COMMITTEE

  The following executive reports of committees were submitted:

       By Mr. PELL, from the Foreign Relations:
       Treaty Doc. 103-20 Convention on Biological Diversity 
     (Exec. Rept. 103-30).

   Text of Committee-Recommended Resolution of Advice and Consent to 
                              Ratification

       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:
       (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.
       (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:
       (a) ``fair and most favorable terms'' in Article 16(2) 
     means terms that are voluntarily agreed to by all parties to 
     the transaction;
       (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.
       (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:
       (a) Article 15(6) applies only to scientific research 
     conducted by a Party, while Article 19(1) addresses measures 
     taken by Parties regarding scientific research conducted by 
     either public or private entities;
       (b) Article 19(1) cannot serve as a basis for any Party to 
     unilaterally change the terms of existing agreements 
     involving public or private U.S. entities.
       (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.
       (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 the Convention, the policy, strategy, program 
     priorities and eligibility criteria relating to the access to 
     and utilization of such resources.
       (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 resources 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.
       (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 operation 
     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.

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