[Congressional Record Volume 147, Number 177 (Wednesday, December 19, 2001)]
[Senate]
[Page S13771]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


   TREATY WITH RUSSIA ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to executive session to consider Executive Calendar No. 4, 
Treaty with Russia on Mutual Legal Assistance in Criminal Matters; that 
the treaty be considered as having advanced through its parliamentary 
stages up to and including the presentation of the resolution of 
ratification, and that the conditions be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, I ask for a division vote.
  The PRESIDING OFFICER. A division has been requested.
  Senators in favor of the ratification of this treaty, please rise. 
(After a pause.) Those opposed will rise and stand until counted.
  On a division vote with two-thirds of the Senators present having 
voted in the affirmative, the resolution of ratification is agreed to.
  The resolution of ratification, with its conditions, reads as 
follows:

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

     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.

  Mr. REID. Mr. President, I ask unanimous consent that the motion to 
reconsider be laid upon the table, that any statements thereon be 
printed in the Record, and that the President be immediately notified 
of the Senate's action.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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