[Congressional Record Volume 146, Number 131 (Wednesday, October 18, 2000)]
[Senate]
[Page S10660]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                   INVESTMENT TREATY WITH AZERBAIJAN

  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 Treaty Between the Government of the 
     United States of America and the Government of the Republic 
     of Azerbaijan Concerning the Encouragement and Reciprocal 
     Protection of Investment, with Annex, signed at Washington on 
     August 1, 1997, together with an Amendment to the Treaty set 
     Forth in an Exchange of Diplomatic Notes Dated August 8, 
     2000, and August 25, 2000, (Treaty Doc. 106-47), 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 
     upon 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 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 will please raise 
their hand. (After a pause.) Those opposed will raise their hands and 
be counted.
  With two-thirds of the Senators present having voted in the 
affirmative, the resolution of ratification is agreed to.