[Congressional Record Volume 146, Number 131 (Wednesday, October 18, 2000)]
[Senate]
[Pages S10658-S10659]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



     INTER-AMERICAN CONVENTION ON SERVING CRIMINAL SENTENCES ABROAD

  The resolution of ratification was read as follows:

       Resolved, (two thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Inter-American Convention on Serving 
     Criminal Sentences Abroad, done in Managua, Nicaragua, on 
     June 9, 1993, signed on behalf of the United States at the 
     Organization of American States Headquarters in Washington on 
     January 10, 1995 (Treaty Doc. 104-35), subject to the 
     conditions of subsections (a) and (b).
       (a) The advice and consent of the Senate is subject to the 
     following conditions, which shall be included in the 
     instrument of ratification of the Convention:
       (1) Reservation.--With respect to Article V, paragraph 7, 
     the United States of America will require that whenever one 
     of its nationals is to be returned to the United States, the 
     sentencing state provide the United States with the documents 
     specified in that paragraph in the English language, as well 
     as the language of the sentencing state. The United States 
     undertakes to furnish a translation of those documents into 
     the language of the requesting state in like circumstances.
       (2) Understanding.--The United States of America 
     understands that the consent requirements in Articles III, 
     IV, V and VI are cumulative; that is, that each transfer of a 
     sentenced person under this Convention shall require the 
     concurrence of the sentencing state, the receiving state, and 
     the prisoner, and that in the circumstances specified in 
     Article V, paragraph 3, the approval of the state or province 
     concerned shall also be required.
       (b) The advice and consent of the Senate is subject to the 
     following conditions, which are binding upon the President 
     but not required to be included in the instrument of 
     ratification of the Convention:
       (1) Declaration.--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.
       (2) Proviso.--Nothing in this 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.

  The PRESIDING OFFICER. A division has been requested.
  Senators in favor of the ratification of the treaty, please rise. 
(After a pause.) Those opposed will rise and stand until counted.

[[Page S10659]]

  With two-thirds of the Senators present having voted in the 
affirmative, the resolution of ratification is agreed to.