[Congressional Record Volume 143, Number 141 (Monday, October 20, 1997)]
[Senate]
[Page S10858]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     EXECUTIVE REPORT OF COMMITTEE

  The following executive report of a committee was submitted:

       By Mr. HELMS, from the Committee on Foreign Relations: 
     International Telecommunications Union Constitution and 
     Convention (Exec. Rept. 105-3)

   Text of the Committee-Recommended Resolution of Advice and Consent

       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Constitution and Convention of the 
     International Telecommunication Union (ITU), with Annexes, 
     signed at Geneva on December 22, 1992, and Amendments to the 
     Constitution and Convention, signed at Kyoto on October 14, 
     1994, together with Declarations and Reservations by the 
     United States contained in the Final Acts (Treaty Doc. 104-
     34), subject to declarations and reservations Nos. 68, 73 and 
     82 of the 1992 Final Acts; declarations and reservations Nos. 
     84, 92, 97, and 98 of the 1994 Final Acts; and the 
     understandings of subsection (a), the declarations of 
     subsection (b), and the proviso of subsection (c).
       (a) Understandings.--The Senate's advice and consent is 
     subject to the following two understandings, which shall be 
     included in the instrument of ratification, and shall be 
     binding on the President:
       (1) Broadcasts to Cuba.--The United States of America, 
     noting the Statement (No. 40) entered by the delegation of 
     Cuba during the Plenipotentiary Conference of the 
     International Telecommunication Union, in Kyoto Japan, 
     affirms its rights to broadcast to Cuba on appropriate 
     frequencies free of jamming or other wrongful interference 
     and reserves its rights to address existing interference and 
     any future interference, by Cuba with United States 
     broadcasting, Furthermore, the United States of America notes 
     that its presence in Guantanamo is by virtue of an 
     international agreement presently in force; the United States 
     of America reserves the right to meet its radio communication 
     requirements there as heretofore.
       (2) Geostationary-satellite orbits.--The United States 
     understands that the reference in Article 44 of the 
     Constitution to the ``geographical situation of particular 
     countries'' does not imply a recognition of claim to any 
     preferential rights to the geostationary-satellite orbit.
       (b) Declarations.--The Senate's advice and consent is 
     subject to the following two declarations, which shall be 
     binding on the President:
       (1) Assessed payments to the united nations international 
     telecommunication union.--Payments by the United States to 
     the International Telecommunication Union shall be limited to 
     assessed contributions, appropriated by Congress. This 
     provision does not apply to United States payments 
     voluntarily made for a specific purpose other than the 
     payment of assessed contributions. The United States shall 
     seek to amend Article 33(3) of the ITU Convention to 
     eliminate the ITU's authority to impose interest payments on 
     ITU members.
       (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 States Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (c) Proviso.--The Senate's resolution of ratification is 
     subject to the following proviso, which shall be binding on 
     the President:
       (1) Supremacy of the constitution.--Nothing in the Treaty 
     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.

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