[Congressional Record Volume 143, Number 114 (Wednesday, September 3, 1997)]
[Senate]
[Pages S8744-S8745]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REMOVAL OF INJUNCTION OF SECRECY--TREATY DOCUMENT NOS. 105-22, 105-23, 
                           105-24, AND 105-25

  Mrs. HUTCHISON. Mr. President, as in executive session, I ask 
unanimous consent that the Injunction of Secrecy be removed from the 
following treaties transmitted to the Senate on September 3, 1997, by 
the President of the United States:
  Mutual Legal Assistance in Criminal Matters with Trinidad and Tobago 
(Treaty Document No. 105-22);
  Mutual Legal Assistance in Criminal Matters with Barbados (Treaty 
Document No. 105-23);
  Mutual Legal Assistance in Criminal Matters with Antigua and Barbuda, 
Dominica, Grenada and St. Lucia (Treaty Document No. 105-24);
  Inter-American Convention on Mutual Assistance in Criminal Matters 
with related Optional Protocol (Treaty Document No. 105-25).
  I further ask that the treaties be considered as having been read the 
first time, that they be referred, with accompanying papers to the 
Committee on Foreign Relations and ordered to be printed, and that the 
President's messages be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The President's messages are as follows:
To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the Treaty Between the Government of 
the United States of America and the Government of Trinidad and Tobago 
on Mutual Legal Assistance in Criminal Matters, signed at Port of Spain 
on March 4, 1996. I transmit also, for the information of the Senate, 
the report of the Department of State with respect to the Treaty.
  The Treaty is one of a series of modern mutual legal assistance 
treaties being negotiated by the United States in order to counter 
criminal activities more effectively. The Treaty should be an effective 
tool to assist in the prosecution of a wide variety of crimes, 
including drug trafficking offenses. The Treaty is self-executing.
  The Treaty provides for a broad range of cooperation in criminal 
matters. Mutual assistance available under the Treaty includes: taking 
of testimony or statements of persons; providing documents, records, 
and articles of evidence; serving documents; locating or identifying 
persons; transferring persons in custody for testimony or other 
purposes; executing requests for searches and seizures; assisting in 
proceedings related to restraint, confiscation, forfeiture of assets, 
restitution, and collection of fines; examining objects and sites; and 
any other form of assistance not prohibited by the laws of the 
Requested State.
  I recommend that the Senate give early and favorable consideration to 
the Treaty and give its advice and consent to ratification.
                                                  William J. Clinton.  
  The White House, September 3, 1997.
                                  ____

To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the Treaty

[[Page S8745]]

Between the Government of the United States of America and the 
Government of Barbados on Mutual Legal Assistance in Criminal Matters, 
signed at Bridgetown on February 28, 1996. I transmit also, for the 
information of the Senate, the report of the Department of State with 
respect to the Treaty.
  The Treaty is one of a series of modern mutual legal assistance 
treaties being negotiated by the United States in order to counter 
criminal activities more effectively. The Treaty should be an effective 
tool to assist in the prosecution of a wide variety of crimes, 
including drug trafficking offenses. The Treaty is self-executing.
  The Treaty provides for a broad range of cooperation in criminal 
matters. Mutual assistance available under the Treaty includes: taking 
of testimony or statements of persons; providing documents, records, 
and articles of evidence; serving documents; locating or identifying 
persons; transferring persons in custody for testimony or other 
purposes; executing requests for searches and seizures; assisting in 
proceedings related to forfeiture of assets, restitution, and 
collection of fines; and rendering any other form of assistance not 
prohibited by the laws of the Requested State.
  I recommend that the Senate give early and favorable consideration to 
the Treaty and give its advice and consent to ratification.
                                                  William J. Clinton.  
  The White House, September 3, 1997.
                                  ____

To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the Treaties Between the Government 
of the United States of America and the governments of four countries 
comprising the Organization of Eastern Caribbean States. The Treaties 
are with: Antigua and Barbuda, signed at St. John's on October 31, 
1996; Dominica, signed at Roseau on October 10, 1996; Grenada, signed 
at St. George's on May 30, 1996; St. Lucia, signed at Castries on April 
18, 1996. I transmit also, for the information of the Senate, the 
report of the Department of State with respect to the Treaties.
  The Treaties are part of a series of modern mutual legal assistance 
treaties being negotiated by the United States in order to counter 
criminal activity more effectively. They should be an effective tool to 
assist in the prosecution of a wide variety of crimes, including 
``white-collar'' crime and drug trafficking offenses. The Treaties are 
self-executing.
  The Treaties provide for a broad range of cooperation in criminal 
matters. Mutual assistance available under the Treaties includes: 
taking of testimony or statements of persons; providing documents, 
records, and articles of evidence; serving documents; locating or 
identifying persons or items; transferring persons in custody for 
testimony or other purposes; executing requests for searches and 
seizures; assisting in proceedings related to forfeiture of assets, 
restitution to the victims of crime, and collection of fines; and any 
other form of assistance not prohibited by the laws of the Requested 
State.
  I recommend that the Senate give early and favorable consideration to 
these Treaties and give its advice and consent to ratification.
                                                  William J. Clinton.  
  The White House, September 3, 1997.
                                  ____

To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the Inter-American Convention on 
Mutual Assistance in Criminal Matters (``the Convention''), adopted at 
the twenty-second regular session of the Organization of American 
States (OAS) General Assembly meeting in Nassau, The Bahamas, on May 
23, 1992, and the Optional Protocol Related to the Inter-American 
Convention on Mutual Assistance in Criminal Matters (``the Protocol''), 
adopted at the twenty-third regular session of the OAS General Assembly 
meeting in Managua, Nicaragua, on June 11, 1993. Both of these 
instruments were signed on behalf of the United States at the OAS 
headquarters in Washington on January 10, 1995. In addition, for the 
information of the Senate, I transmit the report of the Department of 
State with respect to the Convention and the Protocol.
  When ratified, the Convention and the Protocol will constitute the 
first multilateral convention between the United States and other 
members of the OAS in the field of international judicial cooperation 
in criminal matters. The provisions of the Convention and Protocol are 
explained in the report of the Department of State that accompanies 
this message.
  The Convention and Protocol will establish a treaty-based system of 
judicial assistance in criminal matters analogous to that which exists 
bilaterally between the United States and a number of countries. These 
instruments should prove to be effective tools to assist in the 
prosecution of a wide variety of modern criminals, including members of 
drug cartels, ``white-collar'' criminals, and terrorists. The 
Convention and Protocol are self-executing, and will not require 
implementing legislation.
  The Convention provides for a broad range of cooperation in criminal 
matters. Mutual assistance available under the Convention includes: (1) 
taking testimony or statements of persons; (2) providing documents, 
records, and articles of evidence; (3) serving documents; (4) locating 
or identifying persons or items; (5) transferring persons in custody 
for testimony or other purposes; (6) executing requests for searches 
and seizures; (7) assisting in forfeiture proceedings; and (8) 
rendering any other form of assistance not prohibited by the laws of 
the Requested State.
  The Protocol was negotiated and adopted at the insistence of the 
United States Government, and will permit a greater measure of 
cooperation in connection with tax offenses. I believe that the 
Convention should not be ratified by the United States without the 
Protocol. If the Convention and Protocol are ratified, the instruments 
of ratification would be deposited simultaneously.
  One significant advantage of this Convention and Protocol is that 
they provide uniform procedures and rules for cooperation in criminal 
matters by all the states that become Party. In addition, the 
Convention and Protocol would obviate the expenditure of resources that 
would be required for the United States to negotiate and bring into 
force bilateral mutual assistance treaties with certain OAS member 
states.
  I recommend that the Senate give early and favorable consideration to 
the Convention and the Protocol, and that it give its advice and 
consent to ratification, subject to the understandings described in the 
accompanying report of the Department of State.
                                                  William J. Clinton.  
  The White House, September 3, 1997.

                          ____________________