[Congressional Record Volume 144, Number 146 (Wednesday, October 14, 1998)]
[Senate]
[Pages S12548-S12558]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     EXECUTIVE REPORTS OF COMMITTEE

  The following executive reports of committees were submitted:

       By Mr. HELMS, from the Committee on Foreign Relations:
       Treaty Doc. 105-6; 105-11; 105-12; 105-22; 105-23; 105-24; 
     105-27; 105-34; 105-37; 105-38; 105-40; 105-41; 105-42; 105-
     44; 105-47; and 105-52 (Exec. Rept. 105-22).

   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 Agreement between the Government of the 
     United States of America and the Government of Hong Kong on 
     Mutual Legal Assistance in Criminal Matters, with Annex, 
     signed in Hong Kong on April 15, 1997 (Treaty Doc. 105-6), 
     subject to the understanding of subsection (a), the 
     declaration of subsection (b), and the provisos of subsection 
     (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:

[[Page S12549]]

       Prohibition on assistance to the international criminal 
     court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on assistance.--Pursuant to the rights of 
     the United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Treaty Between the Government of the 
     United States of America and the Government of the Grand 
     Duchy of Luxembourg on Mutual Legal Assistance in Criminal 
     Matters, and related exchange of notes, signed at Washington 
     on March 13, 1997 (Treaty Doc. 105-11), subject to the 
     understanding of subsection (a), the declaration of 
     subsection (b), and the provisos of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on assistance to the international criminal 
     court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on assistance.--Pursuant to the rights of 
     the United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Treaty Between the United States of 
     America and the Government of the Republic of Poland on 
     Mutual Legal Assistance in Criminal Matters, signed at 
     Washington on July 10, 1996 (Treaty Doc. 105-12), subject to 
     the understanding of subsection (a), the declaration of 
     subsection (b), and the provisos of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on assistance to the international criminal 
     court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on assistance.--Pursuant to the rights of 
     the United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of 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 (Treaty Doc. 105-22), 
     subject to the understanding of subsection (a), the 
     declaration of subsection (b), and the provisos of subsection 
     (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on Assistance to the International Criminal 
     Court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on Assistance. Pursuant to the rights of the 
     United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise

[[Page S12550]]

     and consent to the ratification of the Treaty 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 (Treaty Doc. 105-
     23), subject to the understanding of subsection (a), the 
     declaration of subsection (b), and the provisos of subsection 
     (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on Assistance to the International Criminal 
     Court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on Assistance.--Pursuant to the rights of 
     the United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Treaty on Mutual Legal Assistance in 
     Criminal Matters Between the Government of the United States 
     of America and the Government of Antigua and Barbuda, signed 
     at St. John's on October 31, 1996 (Treaty Doc. 105-24), 
     subject to the understanding of subsection (a), the 
     declaration of subsection (b), and the provisos of subsection 
     (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on assistance to the international criminal 
     court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on assistance. Pursuant to the rights of the 
     United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Treaty on Mutual Legal Assistance in 
     Criminal Matters Between the Government of the United States 
     of America and the Government of Dominica, signed at Roseau 
     on October 10, 1996 (Treaty Doc. 105-24), subject to the 
     understanding of subsection (a), the declaration of 
     subsection (b), and the provisos of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on assistance to the international criminal 
     court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on assistance.--Pursuant to the rights of 
     the United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Treaty on Mutual Legal Assistance in 
     Criminal Matters Between the Government of the United States 
     of America and the Government of Grenada, signed at St. 
     George's on May 30, 1996 (Treaty Doc. 105-24), subject to the 
     understanding of subsection (a), the declaration of 
     subsection (b), and the provisos of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on assistance to the international criminal 
     court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on assistance.--Pursuant to the rights of 
     the United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty

[[Page S12551]]

     is engaged in a felony, including the facilitation of the 
     production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Treaty on Mutual Legal Assistance in 
     Criminal Matters Between the Government of the United States 
     of America and the Government of Saint Lucia, signed at 
     Castries on April 18, 1996 (Treaty Doc. 105-24), subject to 
     the understanding of subsection (a), the declaration of 
     subsection (b), and the provisos of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on assistance to the international criminal 
     court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on assistance.--Pursuant to the rights of 
     the United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Treaty Between the Government of the 
     United States of America and the Government of Australia on 
     Mutual Assistance in Criminal Matters, and a related exchange 
     of notes, signed at Washington on April 30, 1997 (Treaty Doc. 
     105-27), subject to the understanding of subsection (a), the 
     declaration of subsection (b), and the provisos of subsection 
     (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on assistance to the international criminal 
     court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on assistance.--Pursuant to the rights of 
     the United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Treaty Between the United States of 
     America and the Republic of Latvia on Mutual Legal Assistance 
     in Criminal Matters, and an exchange of notes, signed at 
     Washington on June 13, 1997 (Treaty Doc. 105-34), subject to 
     the understanding of subsection (a), the declaration of 
     subsection (b), and the provisos of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on assistance to the international criminal 
     court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on assistance.-- Pursuant to the rights of 
     the United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Treaty Between the Government of the 
     United States of America and the Government of Saint Kitts 
     and Nevis on Mutual Legal Assistance in Criminal Matters, 
     signed at Basseterre on September 18, 1997, and a related 
     exchange of notes signed at Bridgetown on October 29, 1997, 
     and February 4, 1998 (Treaty Doc. 105-37), subject to the 
     understanding of subsection (a), the declaration of 
     subsection (b), and the provisos of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on assistance to the international criminal 
     court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos,

[[Page S12552]]

     which shall not be included in the instrument of ratification 
     to be signed by the President:
       (1) Limitation on assistance.--Pursuant to the rights of 
     the United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Treaty Between the Government of the 
     United States of America and the Government of the Republic 
     of Venezuela on Mutual Legal Assistance in Criminal Matters, 
     signed at Caracas on October 12, 1997 (Treaty Doc. 105-38), 
     subject to the understanding of subsection (a), the 
     declaration of subsection (b), and the provisos of subsection 
     (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on assistance to the international criminal 
     court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on assistance.--Pursuant to the rights of 
     the United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Treaty Between the Government of the 
     United States of America and the Government of the State of 
     Israel on Mutual Legal Assistance in Criminal Matters, signed 
     at Tel Aviv on January 26, 1998, and a related exchange of 
     notes signed the same date (Treaty Doc. 105-40), subject to 
     the understanding of subsection (a), the declaration of 
     subsection (b), and the provisos of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on assistance to the international criminal 
     court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on assistance.--Pursuant to the rights of 
     the United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Treaty Between the Government of the 
     United States of America and the Government of the Republic 
     of Lithuania on Mutual Legal Assistance in Criminal Matters, 
     signed at Washington on January 16, 1998 (Treaty Doc. 105-
     41), subject to the understanding of subsection (a), the 
     declaration of subsection (b), and the provisos of subsection 
     (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on assistance to the international criminal 
     court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on assistance.--Pursuant to the rights of 
     the United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Treaty Between the Government of the 
     United States of America and the Government of the Federative 
     Republic of Brazil on Mutual Legal Assistance in Criminal 
     Matters, signed at Brasilia on October 14, 1997 (Treaty Doc. 
     105-42), subject to the understanding of subsection (a), the 
     declaration of subsection (b), and the provisos of subsection 
     (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on assistance to the international criminal 
     court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the

[[Page S12553]]

     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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on assistance.--Pursuant to the rights of 
     the United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Treaty Between the Government of the 
     United States of America and the Government of Saint Vincent 
     and the Grenadines on Mutual Legal Assistance in Criminal 
     Matters, and a Related Protocol, signed at Kingstown on 
     January 8, 1998 (Treaty Doc. 105-44), subject to the 
     understanding of subsection (a), the declaration of 
     subsection (b), and the provisos of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on assistance to the international criminal 
     court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on assistance. Pursuant to the rights of the 
     United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Treaty Between the United States of 
     America and the Czech Republic on Mutual Legal Assistance in 
     Criminal Matters, signed at Washington on February 4, 1998 
     (Treaty Doc. 105-47), subject to the understanding of 
     subsection (a), the declaration of subsection (b), and the 
     provisos of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on assistance to the international criminal 
     court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on assistance.--Pursuant to the rights of 
     the United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Treaty Between the Government of the 
     United States of America and the Government of the Republic 
     of Estonia on Mutual Legal Assistance in Criminal Matters, 
     signed at Washington on April 2, 1998 (Treaty Doc. 105-52), 
     and an Exchange of Notes dated September 16 and 17, 1998 (EC-
     7063), subject to the understanding of subsection (a), the 
     declaration of subsection (b), and the provisos of subsection 
     (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on assistance to the international criminal 
     court.--The United States shall exercise its rights to limit 
     the use of assistance 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 agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing the 
     court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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) Provisos.--The resolution of ratification is subject to 
     the following two provisos, which shall not be included in 
     the instrument of ratification to be signed by the President:
       (1) Limitation on assistance.--Pursuant to the rights of 
     the United States under this Treaty to deny requests which 
     prejudice its essential public policy or interest, the United 
     States shall deny a request for assistance when the Central 
     Authority, after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior government official who 
     will have access to information to be provided under this 
     Treaty is engaged in a felony, including the facilitation of 
     the production or distribution of illegal drugs.
       (2) 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.
       Treaty Docs. 105-10; 105-13; 105-14; 105-15; 105-16; 105-
     18; 105-19; 105-20; 105-21; 105-30; 105-33; 105-46; and 105-
     50 (Exec. Rept. 105-23).

   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 Extradition Treaty Between the Government 
     of the United States of America and the Government of the 
     Grand Duchy of Luxembourg, signed at Washington on October 1, 
     1996 (Treaty Doc. 105-10), subject to the understanding of 
     subsection (a), the declaration of subsection (b), and the 
     proviso of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:

[[Page S12554]]

       Prohibition on extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Article 17 concerning the Rule of Specialty 
     would preclude the resurrender of any person from the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the United States consents to 
     such resurrender; and the United States shall not consent to 
     the transfer of any person extradited to Luxembourg by the 
     United States to the International Criminal Court agreed to 
     in Rome, Italy, on July 17, 1998, unless the treaty 
     establishing that Court has entered into force for the United 
     States by and with the advice and consent of the Senate, as 
     required by Article II, section 2 of the United States 
     Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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 resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Extradition Treaty between the United 
     States of America and France, which includes an Agreed 
     Minute, signed at Paris on April 23, 1996 (Treaty Doc. 105-
     13), subject to the understanding of subsection (a), the 
     declaration of subsection (b), and the proviso of subsection 
     (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Articles 19 and 20 concerning the Rule of 
     Specialty would preclude the resurrender of any person from 
     the United States to the International Criminal Court agreed 
     to in Rome, Italy, on July 17, 1998, unless the United States 
     consents to such resurrender; and the United States shall not 
     consent to the transfer of any person extradited to France by 
     the United States to the International Criminal Court agreed 
     to in Rome, Italy, on July 17, 1998, unless the treaty 
     establishing that Court has entered into force for the United 
     States by and with the advice and consent of the Senate, as 
     required by Article II, section 2 of the United States 
     Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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 resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Extradition Treaty Between the United 
     States of America and the Republic of Poland, signed at 
     Washington on July 10, 1996 (Treaty Doc. 105-14), subject to 
     the understanding of subsection (a), the declaration of 
     subsection (b), and the proviso of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Article 19 concerning the Rule of Specialty 
     would preclude the resurrender of any person from the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the United States consents to 
     such resurrender; and the United States shall not consent to 
     the transfer of any person extradited to Poland by the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing that 
     Court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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 resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Third Supplementary Extradition Treaty 
     Between the United States of America and the Kingdom of 
     Spain, signed at Madrid on March 12, 1996 (Treaty Doc. 105-
     15), subject to the declaration of subsection (a), and the 
     proviso of subsection (b).
       (a) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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.
       (b) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Extradition Treaty Between the Government 
     of the United States of America and the Government of the 
     Republic of Cyprus, signed at Washington on June 17, 1996 
     (Treaty Doc. 105-16), subject to the understanding of 
     subsection (a), the declaration of subsection (b), and the 
     proviso of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Article 16 concerning the Rule of Specialty 
     would preclude the resurrender of any person from the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the United States consents to 
     such resurrender; and the United States shall not consent to 
     the transfer of any person extradited to Cyprus by the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the treaty establishing that 
     Court has entered into force for the United States by and 
     with the advice and consent of the Senate, as required by 
     Article II, section 2 of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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 resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Extradition Treaty Between the United 
     States of America and the Argentine Republic, signed at 
     Buenos Aires on June 10, 1997 (Treaty Doc. 105-18), subject 
     to the understanding of subsection (a), the declaration of 
     subsection (b), and the proviso of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:

[[Page S12555]]

       Prohibition on extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Article 16 concerning the Rule of Specialty 
     would preclude the resurrender of any person from the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the United States consents to 
     such resurrender; and the United States shall not consent to 
     the transfer of any person extradited to Argentina by the 
     United States to the International Criminal Court agreed to 
     in Rome, Italy, on July 17, 1998, unless the treaty 
     establishing that Court has entered into force for the United 
     States by and with the advice and consent of the Senate, as 
     required by Article II, section 2 of the United States 
     Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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 resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Extradition Treaty Between the Government 
     of the United States of America and the Government of Antigua 
     and Barbuda, signed at St. John's on June 3, 1996 (Treaty 
     Doc. 105-19), subject to the understanding of subsection (a), 
     the declaration of subsection (b), and the proviso of 
     subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Article 14 concerning the Rule of Specialty 
     would preclude the resurrender of any person from the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the United States consents to 
     such resurrender; and the United States shall not consent to 
     the transfer of any person extradited to Antigua and Barbuda 
     by the United States to the International Criminal Court 
     agreed to in Rome, Italy, on July 17, 1998, unless the treaty 
     establishing that Court has entered into force for the United 
     States by and with the advice and consent of the Senate, as 
     required by Article II, section 2 of the United States 
     Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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 resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Extradition Treaty Between the Government 
     of the United States of America and the Government of 
     Dominica, signed at Roseau on October 10, 1996 (Treaty Doc. 
     105-19), subject to the understanding of subsection (a), the 
     declaration of subsection (b), and the proviso of subsection 
     (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Article 14 concerning the Rule of Specialty 
     would preclude the resurrender of any person from the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the United States consents to 
     such resurrender; and the United States shall not consent to 
     the transfer of any person extradited to Dominica by the 
     United States to the International Criminal Court agreed to 
     in Rome, Italy, on July 17, 1998, unless the treaty 
     establishing that Court has entered into force for the United 
     States by and with the advice and consent of the Senate, as 
     required by Article II, section 2 of the United States 
     Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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 resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Extradition Treaty Between the Government 
     of the United States of America and the Government of 
     Grenada, signed at St. George's on May 30, 1996 (Treaty Doc. 
     105-19), subject to the understanding of subsection (a), the 
     declaration of subsection (b), and the proviso of subsection 
     (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Article 14 concerning the Rule of Specialty 
     would preclude the resurrender of any person from the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the United States consents to 
     such resurrender; and the United States shall not consent to 
     the transfer of any person extradited to Grenada by the 
     United States to the International Criminal Court agreed to 
     in Rome, Italy, on July 17, 1998, unless the treaty 
     establishing that Court has entered into force for the United 
     States by and with the advice and consent of the Senate, as 
     required by Article II, section 2 of the United States 
     Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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 resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Extradition Treaty Between the Government 
     of the United States of America and the Government of Saint 
     Lucia, signed at Castries on April 18, 1996 (Treaty Doc. 105-
     19), subject to the understanding of subsection (a), the 
     declaration of subsection (b), and the proviso of subsection 
     (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Article 14 concerning the Rule of Specialty 
     would preclude the resurrender of any person from the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the United States consents to 
     such resurrender; and the United States shall not consent to 
     the transfer of any person extradited to Saint Lucia by the 
     United States to the International Criminal Court agreed to 
     in Rome, Italy, on July 17, 1998, unless the treaty 
     establishing that Court has entered into force for the United 
     States by and with the advice and consent of the Senate, as 
     required by Article II, section 2 of the United States 
     Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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.

[[Page S12556]]

       (c) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Extradition Treaty Between the Government 
     of the United States of America and the Government of Saint 
     Kitts and Nevis, signed at Basseterre on September 18, 1996 
     (Treaty Doc. 105-19), subject to the understanding of 
     subsection (a), the declaration of subsection (b), and the 
     proviso of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Article 14 concerning the Rule of Specialty 
     would preclude the resurrender of any person from the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the United States consents to 
     such resurrender; and the United States shall not consent to 
     the transfer of any person extradited to Saint Kitts and 
     Nevis by the United States to the International Criminal 
     Court agreed to in Rome, Italy, on July 17, 1998, unless the 
     treaty establishing that Court has entered into force for the 
     United States by and with the advice and consent of the 
     Senate, as required by Article II, section 2 of the United 
     States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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 resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Extradition Treaty Between the Government 
     of the United States of America and the Government of Saint 
     Vincent and the Grenadines, signed at Kingstown on August 15, 
     1996 (Treaty Doc. 105-19), subject to the understanding of 
     subsection (a), the declaration of subsection (b), and the 
     proviso of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Article 14 concerning the Rule of Specialty 
     would preclude the resurrender of any person from the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the United States consents to 
     such resurrender; and the United States shall not consent to 
     the transfer of any person extradited to Saint Vincent by the 
     United States to the International Criminal Court agreed to 
     in Rome, Italy, on July 17, 1998, unless the treaty 
     establishing that Court has entered into force for the United 
     States by and with the advice and consent of the Senate, as 
     required by Article II, section 2 of the United States 
     Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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 resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Extradition Treaty Between the Government 
     of the United States of America and the Government of 
     Barbados, signed at Bridgetown on February 28, 1996 (Treaty 
     Doc. 105-20), subject to the understanding of subsection (a), 
     the declaration of subsection (b), and the proviso of 
     subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Article 14 concerning the Rule of Specialty 
     would preclude the resurrender of any person from the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the United States consents to 
     such resurrender; and the United States shall not consent to 
     the transfer of any person extradited to Barbados by the 
     United States to the International Criminal Court agreed to 
     in Rome, Italy, on July 17, 1998, unless the treaty 
     establishing that Court has entered into force for the United 
     States by and with the advice and consent of the Senate, as 
     required by Article II, section 2 of the United States 
     Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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 resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Extradition Treaty Between the Government 
     of the United States of America and the Government of 
     Trinidad and Tobago, signed at Port of Spain on March 4, 1996 
     (Treaty Doc. 105-21), subject to the understanding of 
     subsection (a), the declaration of subsection (b), and the 
     proviso of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Article 14 concerning the Rule of Specialty 
     would preclude the resurrender of any person from the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the United States consents to 
     such resurrender; and the United States shall not consent to 
     the transfer of any person extradited to Trinidad and Tobago 
     by the United States to the International Criminal Court 
     agreed to in Rome, Italy, on July 17, 1998, unless the treaty 
     establishing that Court has entered into force for the United 
     States by and with the advice and consent of the Senate, as 
     required by Article II, section 2 of the United States 
     Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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 resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Extradition Treaty Between the Government 
     of the United States of America and the Government of the 
     Republic of India, signed at Washington on June 25, 1997 
     (Treaty Doc. 105-30), subject to the understanding of 
     subsection (a), the declaration of subsection (b), and the 
     proviso of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Article 17 concerning the Rule of Specialty 
     would preclude the resurrender of any person from the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the

[[Page S12557]]

     United States consents to such resurrender; and the United 
     States shall not consent to the transfer of any person 
     extradited to India by the United States to the International 
     Criminal Court agreed to in Rome, Italy, on July 17, 1998, 
     unless the treaty establishing that Court has entered into 
     force for the United States by and with the advice and 
     consent of the Senate, as required by Article II, section 2 
     of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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 resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Extradition Treaty Between the Government 
     of the United States of America and the Government of the 
     Republic of Zimbabwe, signed at Harare on July 25, 1997 
     (Treaty Doc. 105-33), subject to the understanding of 
     subsection (a), the declaration of subsection (b), and the 
     proviso of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Article 14 concerning the Rule of Specialty 
     would preclude the resurrender of any person from the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the United States consents to 
     such resurrender; and the United States shall not consent to 
     the transfer of any person extradited to Zimbabwe by the 
     United States to the International Criminal Court agreed to 
     in Rome, Italy, on July 17, 1998, unless the treaty 
     establishing that Court has entered into force for the United 
     States by and with the advice and consent of the Senate, as 
     required by Article II, section 2 of the United States 
     Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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 resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Protocol to the Extradition Treaty 
     Between the United States of America and the United Mexican 
     States of May 4, 1978, signed at Washington on November 13, 
     1997 (Treaty Doc. 105-46), subject to the declaration of 
     subsection (a), and the proviso of subsection (b).
       (a) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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.
       (b) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Extradition Treaty Between the Government 
     of the United States of America and the Government of the 
     Republic of Austria, signed at Washington on January 8, 1998 
     (Treaty Doc. 105-50), subject to the understanding of 
     subsection (a), the declaration of subsection (b), and the 
     proviso of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Article 19 concerning the Rule of Specialty 
     would preclude the resurrender of any person from the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the United States consents to 
     such resurrender; and the United States shall not consent to 
     the transfer of any person extradited to Austria by the 
     United States to the International Criminal Court agreed to 
     in Rome, Italy, on July 17, 1998, unless the treaty 
     establishing that Court has entered into force for the United 
     States by and with the advice and consent of the Senate, as 
     required by Article II, section 2 of the United States 
     Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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 resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Treaty Doc. 105-7 (Exec. Rept. 105-24).

   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 Agreement between the Government of the 
     United States of America and the Government of Hong Kong for 
     the Transfer of Sentenced Persons, signed at Hong Kong on 
     April 15, 1997 (Treaty Doc. 105-7), subject to the 
     declaration of subsection (a), and the proviso of subsection 
     (b).
       (a) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       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.
       (b) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       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.
       Treaty Doc. 105-17 (Exec. Rept. 105-25).

   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 World Intellectual Property Organization 
     Copyright Treaty and the World Intellectual Property 
     Organization Performances and Phonograms Treaty, done at 
     Geneva on December 20, 1996, and signed by the United States 
     on April 12, 1997 (Treaty Doc. 105-17), subject to the 
     reservation of subsection (a), the declarations of subsection 
     (b), and the provisos of subsection (c).
       (a) Reservation.--The advice and consent of the Senate to 
     the WIPO Performances and Phonograms Treaty is subject to the 
     following reservation, which shall be included in the 
     instrument of ratification and shall be binding on the 
     President:
       Remuneration right limitation.--Pursuant to Article 15(3) 
     of the WIPO Performances and Phonograms Treaty, the United 
     States will apply the provisions of Article 15(1) of the WIPO 
     Performances and Phonograms Treaty only in respect of certain 
     acts of broadcasting and communication to the public by 
     digital means for which a direct or indirect fee is charged 
     for reception, and for other retransmissions and digital 
     phonorecord deliveries, as provided under the United States 
     law.
       (b) Declaration.--The advice and consent of the Senate is 
     subject to the following declarations:
       (1) Limited reservations provisions.--It is the Sense of 
     the Senate that a ``limited reservations'' provision, such as 
     that contained in Article 21 of the Performances and

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     Phonograms Treaty, and a ``no reservations'' provision, such 
     as that contained in Article 22 of the Copyright Treaty, have 
     the effect of inhibiting the Senate in its exercise of its 
     constitutional duty to give advice and consent to 
     ratification of a treaty, and the Senate's approval of these 
     treaties should not be construed as a precedent for 
     acquiescence to future treaties containing such provisions.
       (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) Provisos.--The advice and consent of the Senate is 
     subject to the following provisos:
       (1) Condition for ratification.--The United States shall 
     not deposit the instruments of ratification for these 
     Treaties until such time as the President signs into law a 
     bill that implements the Treaties, and that shall include 
     clarifications to United States law regarding infringement 
     liability for on-line service providers, such as contained in 
     H.R. 2281.
       (2) Report.--On October 1, 1999, and annually thereafter 
     for five years, unless extended by an Act of Congress, the 
     President shall submit to the Committee on Foreign Relations 
     of the Senate, and the Speaker of the House of 
     Representatives, a report that sets out:
       (A) Ratification.--A list of the countries that have 
     ratified the Treaties, the dates of ratification and entry 
     into force for each country, and a detailed account of U.S. 
     efforts to encourage other nations that are signatories to 
     the Treaties to ratify and implement them.
       (B) Domestic legislation implementing the convention.--A 
     description of the domestic laws enacted by each Party to the 
     Treaties that implement commitments under the Treaties, and 
     an assessment of the compatibility of the laws of each 
     country with the requirements of the Treaties.
       (C) Enforcement.--An assessment of the measures taken by 
     each Party to fulfill its obligations under the Treaties, and 
     to advance its object and purpose, during the previous year. 
     This shall include an assessment of the enforcement by each 
     Party of its domestic laws implementing the obligations of 
     the Treaties, including its efforts to:
       (i) investigate and prosecute cases of piracy;
       (ii) provide sufficient resources to enforce its 
     obligations under the Treaties;
       (iii) provide adequate and effective legal remedies against 
     circumvention of effective technological measures that are 
     used by copyright owners in connection with the exercise of 
     their rights under the Treaties or the Berne Convention and 
     that restrict acts, in respect of their works, which are not 
     authorized by the copyright owners concerned or permitted by 
     law.
       (D) Future negotiations.--A description of the future work 
     of the Parties to the Treaties, including work on any new 
     treaties related to copyright or phonogram protection.
       (E) Expanded membership.--A description of U.S. efforts to 
     encourage other non-signatory countries to sign, ratify, 
     implement, and enforce the Treaties, including efforts to 
     encourage the clarification of laws regarding Internet 
     service provider liability.
       (3) Supremacy of the constitution.--Nothing in the 
     Convention 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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