[Congressional Record Volume 147, Number 167 (Wednesday, December 5, 2001)]
[Senate]
[Pages S12461-S12462]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


    INTERNATIONAL CONVENTION FOR SUPPRESSION OF FINANCING TERRORISM

  Mr. REID. Mr. President, I ask unanimous consent that the Senate now 
proceed in Executive Session to the consideration of Executive Calendar 
No. 2, International Convention for Suppression of Financing Terrorism; 
that the treaty be considered as having advanced to its parliamentary 
status up to and including the presentation of resolution of 
ratification, and that the reservation, understandings, and conditions 
be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution of ratification is as follows:

International Convention for Suppression of Financing Terrorism (Treaty 
                              Doc. 106-49)

       Resolved (two-thirds of the Senators present concurring 
     therein),

     SECTION 1. ADVICE AND CONSENT TO RATIFICATION OF THE 
                   INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF 
                   THE FINANCING OF TERRORISM, SUBJECT TO A 
                   RESERVATION, UNDERSTANDINGS, AND CONDITIONS.

       The Senate advises and consents to the ratification of the 
     International Convention for the Suppression of the Financing 
     of Terrorism, adopted by the United Nations General Assembly 
     on December 9, 1999, and signed on behalf of the United 
     States of America on January 10, 2000 (Treaty Document 106-
     49; in this resolution referred to as the ``Convention''), 
     subject to the reservation in section 2, the understandings 
     in section 3, and the conditions in section 4.

     SEC. 2. RESERVATION.

       The advice and consent of the Senate under section 1 is 
     subject to the reservation, which shall be included in the 
     United States instrument of ratification of the Convention, 
     that
       (a) pursuant to Article 24(2) of the Convention, the United 
     States of America declares that it does not consider itself 
     bound by Article 24(1) of the Convention; and
       (b) the United States of America reserves the right 
     specifically to agree in a particular case to follow the 
     arbitration procedure set forth in Article 24(1) of the 
     Convention or any other procedure for arbitration.

     SEC. 3. UNDERSTANDINGS.

       The advice and consent of the Senate under section 1 is 
     subject to the following understandings, which shall be 
     included in the United States instrument of ratification of 
     the Convention:
       (1) Exclusion of legitimate activities against lawful 
     targets.--The United States of America understands that 
     nothing in the Convention precludes any State Party to the 
     Convention from conducting any legitimate activity against 
     any lawful target in accordance with the law of armed 
     conflict.
       (2) Meaning of the term ``armed conflict''.--The United 
     States of America understands that the term ``armed 
     conflict'' in Article 2(1)(b) of the Convention does not 
     include internal disturbances and tensions, such as riots, 
     isolated and sporadic acts of violence, and other acts of a 
     similar nature.

     SEC. 4. CONDITIONS.

       The advice and consent of the Senate under section 1 is 
     subject to the following conditions:
       (1) Treaty interpretation.--The Senate reaffirms condition 
     (8) of the resolution of ratification of the Document Agreed 
     Among the States Parties to the Treaty on Conventional Armed 
     Forces in Europe (CFE) of November 19, 1990 (adopted at 
     Vienna on May 31, 1996), approved by the Senate on May 14, 
     1997 (relating to condition (1) of the resolution of 
     ratification of the INF Treaty, approved by the Senate on May 
     27, 1988).
       (2) Prohibition on extradition to the international 
     criminal court.--The United States shall not transfer any 
     person, or consent to the transfer of any person extradited 
     by the United States, to the International Criminal Court 
     established by the Statute adopted in Rome, Italy, on July 
     17, 1998 unless the Rome Statute 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, Clause 2 of the 
     United States Constitution.
       (3) Supremacy of the constitution.--Nothing in the 
     Convention requires or authorizes the enactment of 
     legislation or the

[[Page S12462]]

     taking of any other action by the United States that is 
     prohibited by the Constitution of the United States as 
     interpreted by the United States.

  Mr. REID. Mr. President, I ask for a division vote.
  The PRESIDING OFFICER. A division is requested.
  Senators in favor of the resolution of ratification will rise and 
stand until counted.
  Those opposed will rise and stand until counted.
  On a division, two-thirds of the Senators present and voting having 
voted in the affirmative, the resolution of ratification is agreed to.
  Mr. REID. Mr. President, in that division vote, did the Chair call 
those opposed to the ratification? I failed to hear that. Will the 
Chair do that again, please.
  The PRESIDING OFFICER. A division is requested.
  Senators in favor of the resolution of ratification will rise and 
stand until counted.
  Those opposed will rise and stand until counted.
  On a division, two-thirds of the Senators present and voting, having 
voted in the affirmative, the resolution of ratification is agreed to.

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