[Congressional Record Volume 147, Number 174 (Friday, December 14, 2001)]
[Senate]
[Page S13300]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     EXECUTIVE REPORT OF COMMITTEE

  The following executive report of committee was submitted:

       By Mr. BIDEN, from the Committee on Foreign Relations:
       Treaty Doc. 106-22--Treaty with Russia on Mutual Legal 
     Assistance in Criminal Matters (Exec. Rept. No. 107-3)

   Text of the Committee-Recommended Resolution of Advice and Consent

     SECTION 1. ADVICE AND CONSENT TO RATIFICATION OF THE TREATY 
                   WITH THE RUSSIAN FEDERATION ON MUTUAL LEGAL 
                   ASSISTANCE IN CRIMINAL MATTERS, SUBJECT TO 
                   CONDITIONS.

       The Senate advises and consents to the ratification of the 
     Treaty Between the United States of America and the Russian 
     Federation on Mutual Legal Assistance in Criminal Matters, 
     signed at Washington on June 17, 1999 (Treaty Doc. 106 22; in 
     this resolution referred to as the ``Treaty''), subject to 
     the conditions in section 2.

     SEC. 2. 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) Limitation on assistance.--Pursuant to the right of the 
     United States under the Treaty to deny legal assistance under 
     the Treaty that would prejudice the essential public policy 
     or interests of the United States, the United States shall 
     deny any request for such assistance if the Central Authority 
     of the United States (as designated in Article 3(2) of the 
     Treaty), after consultation with all appropriate 
     intelligence, anti-narcotic, and foreign policy agencies, has 
     specific information that a senior Government official of the 
     requesting party who will have access to information to be 
     provided as part of such assistance is engaged in a felony, 
     including the facilitation of the production or distribution 
     of illegal drugs.
       (3) Supremacy of the Constitution.--Nothing in the Treaty 
     requires or authorizes the enactment of legislation or the 
     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.

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