[Congressional Record Volume 146, Number 131 (Wednesday, October 18, 2000)]
[Senate]
[Pages S10663-S10664]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



   TREATY WITH ROMANIA ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

  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 Romania on 
     Mutual Legal Assistance in Criminal Matters, signed at 
     Washington on May 26, 1999 (Treaty Doc. 106-20), 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 S10664]]

       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 contemplated in the 
     Statute adopted in Rome, Italy, on July 17, 1998, unless the 
     Statute 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) Provisos.--The resolution of ratification is subject to 
     the following 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 interests, 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 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.

TREATY WITH SOUTH AFRICA ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

  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 South Africa on Mutual Legal Assistance in Criminal 
     Matters, signed at Washington on September 16, 1999 (Treaty 
     Doc. 106-36), 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 contemplated in the 
     Statute adopted in Rome, Italy, on July 17, 1998, unless the 
     Statute 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) Provisos.--The resolution of ratification is subject to 
     the following 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 interests, 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 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, 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.