[Congressional Record Volume 146, Number 131 (Wednesday, October 18, 2000)]
[Senate]
[Page S10661]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                   INVESTMENT TREATY WITH MOZAMBIQUE

  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 Mozambique 
     Concerning the Encouragement and Reciprocal Protection of 
     Investment, with Annex and Protocol, and a related exchange 
     of letters, signed at Washington on December 1, 1998 (Treaty 
     Doc. 106-31) 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 this treaty will please 
raise their hand. (After a pause.) Those opposed will raise their 
hands.
  With two-thirds of the Senators present having voted in the 
affirmative, the resolution of ratification is agreed to.