[Congressional Record Volume 148, Number 147 (Thursday, November 14, 2002)]
[Senate]
[Pages S11058-S11059]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    TREATY WITH INDIA ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

  Mr. REID. Mr. President, I ask unanimous consent that the Senate now 
proceed to Executive Calendar No. 17, the treaty with India on mutual 
legal assistance in criminal matters; that treaty be advanced through 
its parliamentary stages up to and including the presentation of the 
resolution of ratification; that the understanding and conditions be 
agreed to; and that the Senate now vote on the resolution of 
ratification.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Senators in favor of the resolution of ratification will rise and 
stand until counted. (After a pause.) 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.
  The resolution of ratification and understanding and conditions are 
as follows:
       Resolved, (two-thirds of the Senators present concurring 
     therein),
       Section 1. Advice and Consent to Ratification of the Treaty 
     with India on Mutual Legal Assistance in Criminal Matters, 
     subject to an understanding and conditions.
       The Senate advises and consents to the ratification of the 
     Treaty Between the Government of the United States of America 
     and the Government of the Republic of India on Mutual Legal 
     Assistance in Criminal Matters, signed at New Delhi on 
     October 17, 2001 (Treaty Doc. 107-3; in this resolution 
     referred to as the ``Treaty''), subject to the understanding 
     in section 2 and the conditions in section 3.
       Section 2. Understanding.
       The advice and consent of the Senate under section 1 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 that 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 unless the treaty 
     establishing the Court has entered into force for the United 
     States by and with

[[Page S11059]]

     the advice of the Senate in accordance with Article II, 
     Section 2 of the United States Constitution, or unless the 
     President has waived any applicable prohibition on provision 
     of such assistance in accordance with applicable United 
     States law.
       Section 3. Conditions.
       The advice and consent of the Senate under section 1 is 
     subject to the following conditions:
       (1) Limitations on assistance.--Pursuant to the right of 
     the United States under the Treaty to deny assistance 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 2(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.
       (2) Supremacy of the constitution.--Nothing in the Treaty 
     requires or authorizes legislation or 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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